September 2015 reporter

Volume 8, No. 9 • September 2015

4410 Fairway Boulevard • Wichita Falls, TX 76308 • P: 940.692.2211 • F: 940.692.2214 www.nthba.com

General Membership Meeting September 3, 2015 Kemp Center for the Arts 1300 Lamar 11:30 A.M Speaker City Manager Darron Leiker

Dates to Remember • September 7, 2015 Larbor Day - NTHBA Office Closed • September 11, 2015 2015 Energy Code Review Committee Meeting • September 17, 2015 Builder Luncheon (New Contract Changes) • September 28, 2015 6th Annual 4 Person Scramble Golf Tournament (see pg. 5) • October 1, 2015 Installation of Officers • November 10-12, 2015 TAB Winter Committee & Board Meetings, Austin, TX • December 3, 2015 Christmas Party, Backdoor Theater Please remember to donate to HOMEPAC and BUILDPAC.

From the President It’s hard to believe summer is almost over. Summer started with record rainfall and ended up with blazing August heat.

August news from the Wichita Falls Chamber of Commerce & Industry was positive. Amfuel is edging closer to relocating their plant in Wichita Falls. This will bring a potential for 300 jobs. The Chamber also reported the city received awards for Public Works Project of the Year for the direct potable reuse program, Director of Public Works, Russell Schreiber was named Top Public Works Leader of the Year for his tireless efforts to deliver water to our citizens during the drought and Utilities Operations Manager Daniel Nix was awarded the John Teipel Award for Environmental Excellence for his work on conservation and reuse at both the local and state levels. On behalf of the North Texas Home Builders Association and citizens of Wichita Falls I want to congratulate the city officials and these fine men for a job well done.

The Sunbelt Builder Show and Summer TAB Committee and Board Meetings were held in late July in Grapevine. It was highly successful both as a trade show and statewide meeting. Barney Brock, Jose Garcia, Ed Holcomb, Sharon Tucker and I attended numerous committee meetings throughout the week. Topics discussed at the national level referred to EPA regulations on Waters of the US and OSHA confined spaces rulings. Both of these regulation changes have been challenged in court and NAHB and TAB are working on a solution. Please refer to the NAHB website for detailed information concerning these topics.

Topics discussed at the state level concerned the highly successful 84th legislative session with all 6 TAB priority bills being passed. These bills included 2015 Energy Code, Condo Tort Reform,Windstorm Insurance on the Gulf coast and reduction in State Franchise and Property Tax. You are welcome to call to discuss these topics or visit the TAB website for in depth information.

There are a couple of topics that stood out during the meetings. One was that the 2015 Energy Code will be adopted September 2015 by the SECO of Texas. The Energy Code bill passed in the 84thlegislative session will help Continues on page 4

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New Members Kelly Moore Paint Co...............Jessie Guadalcazar

Welcome!

Renewals

Calendar of Events General Membership.....................................September 3, 2015 Meeting...............................................................................11:30AM Labor Day.........................................................September 7, 2015 Office Closed.....................................................................................

Membership, Meetings, & Education...........September 8, 2015 Committee Meeting........................................................10:00AM Parade of Homes &.......................................September 9, 2015 Special Events Committee Meeting.............................10:00AM

Absolute Pools.................................Jason Huchton American National Bank................Donna Vaughn Builders Lumber.................................Scott Hollars Decorator Outlet..............................Gina Kulbeth Energy Cut......................................Ed Mawsom, Mawsom, Sr. Sr. Ferguson-Veresh...........................Shane Fitzhenry Hall Building Products.....................Billy Brassfield Luz Lerma Construction.......................Luz Lerma R.J. Wachsman......................................Judy Garrett Stone Lake Developers...................Bill McGregor Woodco....................................Charles Vergauwen

Publications & Communications.................September 9, 2015 Committee Meeting........................................................11:00AM

Thanks for renewing!

2014 /2015 Officers & Directors

September Birthdays Mark Hind.................................................................2 David Bedingfield.....................................................5 David Shoop..............................................................7 John Johnston............................................................9 Scott Hollars...........................................................10 Bill Holstead...........................................................18 Felix Castillo...........................................................20 Shane Fitzhenry......................................................20 Bruce Jones.............................................................21 Jesse Guadalcazar...................................................25 Randy Pebworth....................................................27 Kolter Lukert..........................................................29

Happy Birthday!

2015 Energy Code Review.........................September 11, 2015 Committee Meeting........................................................11:00AM Budget & By-Laws........................................September 15, 2015 Committee Meeting...........................................................9:00AM Board of Directors......................................September 16, 2015 Meeting...............................................................................11:00AM Builders Lunch..............................................September 17, 2015 Contract Changes & Risk Management......................11:30AM

President – John Harmon Vice President – Eddie Holcomb Associate Vice President – Tim Sawyer Treasurer – Martin Litteken Secretary – Randy Schaffner Immediate Past President – Barney Brock Builder Directors Michael Grassi 1yr Steven Hinson1yr David Bedingfield 2yr Steve Lane 2yr

Associate Directors Sharon Tucker 1yr Cindy David 2yr

State Director - Barney Brock Alternate State Director - Steven Hinson Life Director - Chuck Dennis Life Director - Jose Garcia Executive Vice President - Teri Gibson 3

Continued from page 2

with this code. TAB is organizing an educational program to be presented to the local HBA that will help to clarify methods to comply with this new code which becomes effective October 2016.

The new 2015/2016 TAB Contracts are going to be available for purchase online September 1, 2015. These new contracts will cost $299.00 plus tax until January 2016 then go to $399.00 plus tax. I believe there are 26 different contracts that can be downloaded. This is the most current contract to reflect the changes in the law after the 84th session. NTHBA will have a builders training lunch presented by Bush Rudnicki & Shelton, the law firm who writes these contracts, on September 17, 2015. They will go over the changes as well as have a Q&A session. More details can be found inside this Reporter on page #9..

Please make sure to RSVP. Last, but not least, I want to thank Dusty Johnson President of Vernon College for hosting our monthly general membership luncheon. We had a great time and many enjoyed the tour of the facilities.

Please RSVP for this month’s General Membership Meeting. We will have a formal vote on the incoming Officers & Directors and Darron Leiker will be giving us the latest updates on the City.

Kathy Gregory 940.249.5293

Jerry Phillips 940.249.5288

Nicki Bomer 940.249.5291

Karen Anderson 940.249.5292

4245 KEMP BLVD., STE. 420 • WICHITA FALLS, TEXAS 76308

Congratulations Michael & Andrea Grassi on the arrival of Luke William Grassi!

Vernon College subject of home builders August luncheon

By: Lee Grace

Dr. Dusty R. Johnston, president of Vernon College, spoke about the role of community colleges during the August membership luncheon of the North Texas Home Builders Association. The luncheon was held Thursday, Aug. 6, at Vernon College’s Wichita Falls campus on Maplewood. A tour of the facility followed the luncheon.

Dr. Dusty Johnston, president of Vernon Dr. Johnston said community College, is shown with John Harmon, of the North Texas Home colleges enroll half the college president Builders Association. students in Texas including seven of every 10 freshmen. “Nationally, 78 percent of college graduates with a bachelors degree have at least one credit from a community college.” He added that only 12 percent of the Texas higher education budget goes to community colleges.

Vernon College home campus is in Vernon, Texas where the first classes were conducted in the fall of 1972. Wilbarger County serves as the only taxing district for the college. The college expanded to Wichita Falls more than 20 years ago and purchased the facility for the Century City Center on Maplewood Street in 2004. The Century City Center completed a $8.5 million renovation in 2012. The facility houses numerous workforce allied health programs as well as general education programs for transfer students. The college serves 3,000 credit students and 2,500 continuing education students each semester.

The school also offers a skills training center offering students the opportunity to gain experience and skills in a variety of jobs including welding, heating and air conditioning repair, machining, industrial automation, and computer technology.

Dr. Johnston said the college also offers education partnerships where high school students can earn college credits. Presently over 250 Wichita County high school students are participating in the program.

Continues on page 6

Martin Litteken, Jr., P.E.

2406 Kell Boulevard Wichita Falls, Texas 76309-5326 Phone: (940) 322-6450 Fax: (940) 723-6006

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Member Rebate Program Gives You Money!

ince the Member Rebate Program (MRP) has been offered as a free member benefit of the Texas Association of Builders, it has given participating members a total of $213,067.00. With 88 members participating in the program, that is an average of $2,421.22 going to each builder and remodeler member!

TAB’s Member Rebate Program lets builders and remodelers receive cash rebates for using certain manufacturers’ products in the building and remodeling of homes. There are currently 45+ participating manufacturers covering 35+ different product categories.

For the 2nd Quarter of 2015, MRP is proud to be adding Noritz Tankless Water Heaters, Panasonic Bath Fans, and Outdoor Lifestyles. On top of adding new manufacturers, new products for our already participating manufacturers have also been added. Download a new claim

form for this quarter or try a customized manufacturers typically include: Excel template so you don’t miss out on any possible rebates you’re eligible for.

First you need to register: www.HBArebates.com This tells MRP where to send your rebate check!

Once you are registered, you are eligible to claim on a quarterly basis.

Any home, remodeling project, or multi-family unit completed from April — June 2015 is eligible to be submitted by August 21, 2015.

The claiming process is just as simple as registering. An address is ready to be submitted once it is completed.

MRP will ask for your company name, the completed address, and the completion date(s). You then provide all of the information required for each manufacturer used.

The information required by most

Quantity used.

Subcontractor or supplier name Model number No receipts are needed!

Once a project is completed and the form is filled out, all you have to do is send it in. MRP will process your quarterly information, send it to the manufacturers, and issue you one lumpsum check for all of your rebates!

Nationwide, over 70% of the builders and remodelers who participated last year have received in rebates more than they paid in annual dues to their HBA. Get the most of your membership by taking advantage of this free member benefit. www.HBArebates.com

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Continued from page 4

He noted that Vernon College also is a “feeder” institution for Midwestern State University. The college also assists business WINDOWS, DOORS and industry partners in procuring employee training funds from AND MORE! 522 Beverly Drive the Texas Workforce Commission via Skills Development Fund 723-1436 Wichita Falls, Texas 76309 grants. “Vernon College is a primary producer of workforce in Wichita County.”

Among the newest programs offered at Vernon College is Nursing Homes for Medical Assisting program. Vernon College Always Remember to do Business Members! also has redesigned its RN curriculum, now has 90 with percent Association of students registering online, and has added a student success BRYAN WAGGONER specialist to help students.

3907 Kell BoulevarE t WJDIJUB 'BMMT t Texas 76308 Future programs include construction technology, truck driving/CDL, radiology technician, and physical therapy assistant.

Dr. Johnston noted that Vernon College has 2,995 credit students enrolled for the fall semester. The 2014-15 payroll was more than $5.6 million. “Vernon College definitely adds value to the community!”

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2525 Kell Blvd., Suite 100 Wichita Falls, TX 76308 940.763.2100 (main line) 940.763.2101 (fax) lcannedy@fidelitybankwf.com

Lance Cannedy

NAHB Regional Field Representative Summary of Services offered

By NAHB to local HBA’s. Please do not hesitate to contact Charles Liuzzo if you have any questions or need help with information Regarding services offered by NAHB.

NAHB Services – www.nahb.org and search the term in parentheses for more information.

Advocacy – “Priorities” and “Advocate”

NAHB legislative priorities and policy resolutions, BUILD-PAC information, Builder Link Alert sign-up, and Advocacy Savings facts.

Association Management – “HBA Resources”

Resources designed to help state and local associations grown and enhance membership, operations, communications, and community outreach.

Economics – “Housing Economics”

In-depth economic analyses of the home building industry and the driving issues and trends.

Education – “Learn”

Educational programs and designations expand member’s knowledge and enhance their position in the market.

Legal – “Legal Issues”

Legal resources for members and state and local association staff on the litigation issues facing the industry.

Member Advantage (Affinity Programs) – “Member Discounts”

Access to discounts and savings opportunities offered by many top companies just for being an NAHB member.

Networking – “20 Clubs”

Comprised of builders and remodelers from non-competing markets, 20 Club members meet several times a year to share experiences and improve bottom lines.

NAHB News and Resources – www.nahb.org and search the term in parentheses for more information.

Fall Board of Directors Meeting (in Dallas on 9/27-29) – “Fall Board” IBS Registration Opens September 1st – go to www.buildersshow.com 2015 International Code Council Conference – “Code Official Toolkit” Affirmatively Furthering Fair Housing HUD Rules – “AFFH” EPA Lead Paint Recertification – “Lead Paint” OSHA Confined Spaces Rule – “Confined Spaces” RESPA/TILA Disclosure Changes – “RESPA TILA” Waters of the United States (WOTUS) – “Waters of the United States” NAHB Links Buildersshow.com Eyeonhousing.org Nahbnow.org Contact Information

Charles Liuzzo Regional Field Representative Region D (AR, KS, LA, MO, MS, NE, OK, TX) CLiuzzo@nahb.org 202-266-8002 7

Take Notice: It May Be Waters of the US The new definition of “waters of the U . S .� , ( W O T U S ) , under the Clean Water Act became effective Aug. 28, and it will make a big difference for property owners who suddenly find out that they need to consult with the federal government before they can develop their land.

In addition to the rivers, lakes and other bodies of water known as “traditional navigable waters,� which the act is designed to protect, the new definition also applies to all tributaries of those waters and the “adjacent� waters and wetlands that surround them. Activities that result in the discharge of dredge or fill material into WOTUS require a federal permit from the Army Corps of Engineers.

The good news: NAHB has a webinar replay, fact sheet and all kinds of background information available that will help you decide whether your property meets the WOTUS definition and is subject to federal permitting.

The not-so-good news: Many builders will likely need to hire a qualified environmental consultant to navigate the process.

The revised wording means that more of the landscape, including most man-made ditches, isolated ponds and streams that only flow after it rains, will meet the WOTUS definition, and thus require builders and developers to get a permit before moving dirt or fill into those features.

The bottom line: The new rules are confusing and will be quite a bit more restrictive than they used to be. It’s one reason why more than 30 states have filed lawsuits, and why NAHB has been working tirelessly with lawmakers to block regulators from moving forward.

For additional information, contact Owen McDonough at 800-368-5242 x8662.

For the complete 75 page - Clean Water Rule: Definition of ‘‘Waters of the United States’’ document, visit our web site at www.nthba.com and click on Waters of the US in the links section.

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There were 5 new home permits pulled in July in the City of Wichita Falls. 3 were pulled by NTHBA Builder members and 1 from a non-member. The total to date is 33 with 22 being from our builder members. NOTE: This projects only the number of new home permits pulled in the city of Wichita Falls.

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As a 1998 graduate of The University of Texas Law School, James Rudnicki is a shareholder of Bush Rudnicki Shelton P.C. His expertise includes representing residential construction contractors, land developers and design professionals in challenges related to construction defect claims, water code violations, regulatory oversight, contract negotiation, document drafting and real property transactions.

He represents many well-known home building, construction and real estate companies in the Southwest.

Bush Rudnicki Shelton partners with the Texas Association of Builders to provide TAB’s Contract Training every two years as a service to the industry and accuracy of contract management respective to the newest Texas Construction law following each Legislative Session.

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

Government Affairs Committee – met in August where Barney Brock, John Harmon & Eddie Holcomb reported from the TAB Summer committee & board meetings they attended.

Barney started with mentioning how the Sunbelt Builder Show was a huge success for TAB. The show is one of the biggest fundraisers for TAB as well as the HOMEPAC Fundango event they have during the Sunbelt being a great fundraiser for the TAB HOMEPAC. Barney mentioned TAB is expecting a break even budget for 2015 as well as 2016. Several key issues were mentioned by John & Eddie that were covered during the TAB meetings with the Waters of the US Final Rule being the most crucial, see page 8 for information regarding this ruling. Other issues included the adoption of the 2015 Energy Codes which several of the Government Affairs Committee members as well as a few other builder members will be attending review committees locally with Bobby Teague the Asst. Community Development Director/Bldg. Official of Wichita Falls to help assist in the adoption by the city. The next meeting for those on the committee is September 11, 2015 at 9AM. TAB is also working on an educational program that will be available to local HBA’s. Teri will send out information as soon as it is available.

Another important item mentioned was the latest contract changes from the 84th legislative session. The 2015/2017 TAB Contract package is available at www.texasbuilders.org. If you have any questions or concerns regarding government issues feel free to contact the NTHBA office or any of the members on the government affairs committee and we will try to assist you.

Parade of Homes & Special Events Committee is still looking for teams, hole sponsors, door prizes & goody bag items for the September 28, 2015 Golf Tournament. Please call the NTHBA office to sign up to participate or donate. Your involvement is greatly appreciated.



Member FDIC

703 E. Scott Wichita Falls, TX 76308

Publication & Communications Committee is working on the 2015/2017 Membership Directory. Please feel out a purchase order from for your ad and when asked to proof ads or contact information please make sure you do. There is no way for us to keep up with changes in your information unless you inform us and we always want to put out the most accurate product. Remember the deadlines are important to assure we are able to get the product printed and released in a timely manner.

Young Professionals are gearing up for their second Texas Hold Em Poker Tournament scheduled for Friday, October 16, 2015. If you or anyone you know likes to play Texas Hold Em and would like to help support the Young Professionals please invite them to sign up.

11

September Facts The 9th month of the year is an outstanding one In the Georgian calendar, the calendar that most of the world uses, September is the ninth month of the year. However, it used to be the seventh month on the Roman calendar. It had 29 and 31 days but it later was changed to 30 days by Emperor Augustus.

In Southern United States, it is the warmest months of the year and very cool nights for Northern states. It is the harvest time for crops and that is why Switzerland calls September the harvest month. In the Northern hemisphere, beginning of September leads to the beginning of meteorological autumn while it is the beginning of the meteorological spring in southern hemisphere.

Below are some fun facts about September: 1. The birthstone for September is the sapphire.

2. The zodiac signs for September are Virgo (August 23 - September 22) and Libra (September 23 October 22) 3. The birth flower for September is the morning glory.

4. On September 1, 1905, Alberta and Saskatchewan were established.

5. On September 1, 1939, World War II began in Europe because the German troops invaded Poland.

6. On September 2, 1789, the United States Department of Treasury was established.

7. On September 3, 1783, the Revolutionary War in America ended after Great Britain signed the Treaty of Paris.

8. On September 6, 1901, William McKinley, the 25th President of the United States, was assassinated.

9. On September 8, 1565, the first permanent white settlement was founded in St. Augustine, Florida.

10. On September 10, 1846, Elias Howe patented his sewing machine.

11. On September 14, 1847, United States forces took control of Mexico City.

12. On September 14, 1940, the Selective Service Act was passed by Congress which provided the first peacetime draft in the United States history.

13. National Chicken Month 14. National Rice Month 15. National Potato Month 16. National All-American Breakfast Month 17. Labor Day - first Monday of September 18. September 8 - Pardon Day 19. September 13 - Uncle Sam Day (his image was first used in 1813) 20. September 16 - Mexican Independence Day

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Disclaimer: These facts about September were taken from the internet we cannot guarantee that there will be no errors.

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