Volume 9, No. 7 • July 2016
NORTH TEXAS HOMEBUILDERS ASSOCIATION
4410 Fairway Boulevard Wichita Falls, TX 76308
P: 940.692.2211 F: 940.692.2214
www.nthba.com
From the President Many of you may remember several of us that have been attending state meetings reporting on the issues some areas have been having regarding their extraterritorial jurisdictions or ETJ (Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.) Below is a victory to a 3yr. or longer battle that TAB had a major role in helping local HBA’s win. MAJOR VICTORY FOR PROPERTY RIGHTS AND HOUSING AFFORDABILITY: TEXAS SUPREME COURT RELEASES BIZIOS OPINION On May 27, 2016 the Texas Supreme Court released its opinion in the Town of Lakewood Village v. Bizios. In doing so, the Court affirmed the Court of Appeals for the Second District of Texas' finding that the Texas Local Government Code does not grant general-law municipalities the power to enforce building code ordinances within their respective extraterritorial jurisdictions (ETJ). The fact pattern for the case involved an overzealous city that was enforcing its building codes and sizeable fees on a homeowner in the city's ETJ, where property owners do not receive city services nor have the right to vote in city council elections. This decision is a major victory for private property rights and housing affordability, and makes it clear that the only express power granted by Texas Local Government Code Continues on page 3
Special Thanks to our 2016 NTHBA Partners: Diamond Atmos Energy Platinum First National Bank Guarantee Title
What’s
INSIDE
• History of the 4th of July
• What You Need to Know About OSHA • Parade of Homes By: Lee Grace • Housing Hall of Honor Deadline
New Members Saylor Custom Homes...............................Randy Saylor
Welcome!
Renewals Archer Title of Texas......................................Jean Taylor Bishop Realtor Group........................Ashton Gustafson Ferguson-Veresh......................................John Ferguson Hamilton Bryan........................................Steve Fairchild Herring Bank...................................................Chris Aday Higginbotham.............................................Shane Smith Klasse Homes.............................................Steven Klasse Overhead Door Co. of WF........................Adam Wood S&H Granite...................................................Kyle Streich
Thanks for Renewing!
July Birthdays Clayton Brandon...........................................................13 Victoria Longo...............................................................15 Bob Hayes......................................................................16 Matt Tibbetts..................................................................16 Chris Aday.....................................................................26 Brian Walser...................................................................29 Carolyn Adams.............................................................30
Happy Birthday!
Calendar of Events Happy Independence Day.................................July 4, 2016 Office Closed............................................................................ General Membership...........................................July 7, 2016 Meeting.......................................................................11:30AM Parade of Homes & Special Events..................July 13, 2016 Committee Meeting..................................................11:00AM Budget & By-Laws...............................................July 20, 2016 Committee Meeting..................................................10:30AM Board of Directors...............................................July 20, 2016 Meeting.......................................................................11:00AM
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General Membership Meeting Thursday, July 7, 2016 Kemp Center for the Arts 1300 Lamar 11:30AM Guest Speaker: MSU President Dr. Shipley Scholarship Presentation Scholarship Chairman Bobby Diltz
2016 Dates to Remember • July 4 Independence Day • July 7 General Membership Meeting • July 25 Housing Hall of Honor Nominee Deadline • August 1-5 Sunbelt Builder Show & TAB Summer Committee & Board Meetings, Grapevine, TX. • August 11 General Membership Meeting • September 1 General Membership Meeting • September 26 Annual Golf Tournament • October 6 General Membership Meeting • November 3 General Membership Meeting • November 17-18 TAB Fall Committee & Board Meetings, Austin, TX. • December 1 Annual Christmas Party
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sections 212.002 and 212.003 is the authority to enforce plating and subdivision ordinances (and not building codes) in a city's ETJs. Support for the case was provided by the Texas Association of Builders, the Dallas Builders Association and the Greater San Antonio Builders Association. The full opinion can be found here: http://www.txcourts.gov/media/1378446/15010 6.pdf Outcomes like this set precedence for other cases that could happen anywhere and can effect even you. This is your membership at work. To keep up with other issues TAB or NAHB is working on visit their web sites at www.texasbuilders.org or www.nahb.org and read the various articles or sign up for publications to be sent to you. I would like to thank all of the NTHBA builders who have taken time to either attend the builder meetings and/or send feedback by email regarding the 2015 Energy Codes. With your input we hope the City of Wichita Falls will be able to amend the 2015 Energy Code so it is economically feasible for all builders and remodelers pulling permits in Wichita Falls.
2015 /2016 Officers & Directors President – Eddie Holcomb Vice President – Michael Grassi Associate Vice President – Jake Munholland Treasurer – Scott Flinn Secretary – Sharon Tucker Immediate Past President – John Harmon Builder Directors David Bedingfield 1yr Steve Lane 1yr Doug McCulloch 2yr Steven Klasse 2yr
Associate Directors Cindy David 1yr Kolter Lukert 2yr
State Director - Barney Brock Alternate State Director - Steven Hinson Life Director - Chuck Dennis Life Director - Jose Garcia Executive Vice President - Teri Gibson
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Please Please keep keep our our members, members, their their families, families, their their businesses, businesses, our our country, country, our our country’s country’s leaders, leaders, our our veterans, veterans, and and our our enemies enemies in in your your prayers. prayers. Continue Continue to to pray pray for for those those we we know know who who have have special special issues issues going going on on in in their their lives lives that that need need extra extra prayers. prayers. 4
The 2016 Parade of Homes that was held on the weekends of June 3, 4, 5 and June 10, 11, 12, was a huge success according to Michael Grassi, vice president of the North Texas Home Builders Association and chairman of this year’s Parade. “This was the first year that we have held the Parade on two consecutive weekends instead of running it for 10 consecutive days. While this was different from past years, we think the new format was a big success and very popular with both viewers and with the volunteers who manned the homes.” He added, “We had 1394 people purchase tickets and tour the 10 homes in this year’s Parade. Attendance was up almost 100 from last year.” The builders were very pleased with the turn out and are looking forward to the 65th Annual parade in 2017. Grassi and association President Eddie Holcomb thanked the more than 200 volunteers from Habitat For Humanity who participated at the various homes by selling tickets. He noted that Habitat For Humanity benefits along with the North Texas Home Builders Association from the ticket sales. Attendees were able to see the latest trends in design, color and decor. The houses entered in this year’s Parade ranged in price from the $220,000s to $550,000s. More than 550 tickets were turned in from those who toured the Parade houses for the prize drawing of $250. To enter, participants had to answer the question: How did you hear about the Parade of Homes. Continues on page 5
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The winner was Derek Brown. He said he and his wife have attended the Parade of Homes for the past couple of years and normally don’t sign up for the drawing. This year he told his wife, why not, let’s fill it out. Sponsors for this year’s Parade of Homes were Builders Lumber, while the Patterson Family of Dealerships was the co-sponsor and Landmark Title sponsored the Parade Kickoff Luncheon. The NTHBA would like to thank everyone who participated in this year’s parade: Parade Sponsor: Builders Lumber Parade Co-Sponsor: Patterson Family of Dealerships Kick-Off Lunch Sponsor: Landmark Title Builders: Bates Building Company, Classic Builder, David Bedingfield Homes, Dennis Company, Douglas Custom Homes, Harmon & Holcomb Homes, Klasse Homes, R.J. Wachsman Homes Advertisers: ABC Supply, Acme Brick, American National Bank, Archer Title of Texas, Atmos Energy, Bishop Realtor Group, Breegle Abbey Carpet & Floor, Builders Lumber, Builders Wholesale, Cornerstone Custom Homes, Decorator Outlet, Donna Adams Insurance, Dutch Watson Cabinets, Ferguson Enterprise, Inc., Ferguson-Veresh, Fidelity Bank, First Bank, First National Bank, Guarantee Title Company, Hamilton Bryan Furniture & Appliances, Jacksboro, National Bank, Kelly Moore Paints, Landmark Title Company, Lantern House, Lonestar Wastewater, Lowe’s, Morrison Supply Company, OK Concrete, Overhead Door Company of Wichita Falls, Patterson Family of Dealerships, S&H Granite, Shoops Texas Termite, Skyline Developers, Stewart Title Company, Texas Carpet Outlet, The Ember Shop,
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Waggoner Carpet One, Woodco Supply Company. HOMEPAC Silent Auction Item Donors: ABC Supply, American National Bank, Atmos Energy, Fidelity Bank, First Bank, First National Bank, Guarantee Title Company, Landmark Title Company, Lowe’s, Sawyer Printing & Promo and Woodco Supply HOMEPAC TV Donor: Harmon & Holcomb Homes Parade of Homes Prize Drawing Money Donors: American National Bank, Archer Title of Texas and Union Square Credit Union Parade of Homes Committee: Chairman Michael Grassi, Co-Chair Jake Munholland, Doug McCulloch, Steven Hinson, Justin Holcomb, Jeff Boyd, Sean Snyder, Scott Hollars, Jean Taylor and Felix Castillo Habitat for Humanity - Carl Dowlen for all her organizing and coordinating volunteers for the ticket sales that many do not realize how many hours go into. The counting out all the tickets, getting money bags together, along with tables and chairs, briefing volunteers on what to do, filling in for shifts that volunteers do not show up for, reconciling the money and tickets each evening, the countless phone calls to find volunteers and so on and so on. Great job again this year Carla! Last but not least: The volunteers who sold tickets for Habitat and those who bought tickets to tour the homes. THANK YOU, THANK YOU, THANK YOU!!!
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The History of the 4th of July
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On July 4, 1776, the thirteen colonies claimed their independence from England, an event which eventually led to the formation of the United States. Each year on July 4th, also known as Independence Day, Americans celebrate this historic event. Conflict between the colonies and England was already a year old when the colonies convened a Continental Congress in Philadelphia in the summer of 1776. In a June 7 session in the Pennsylvania State 2806 Midwestern Pkwy. House (later Independence Hall), Richard Henry Lee fax 940-696-2700 of Virginia presented a resolution with the famous www.guaranteetitle.net words: "Resolved: That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and Commercial Services ought to be, totally dissolved." John Thompson Lee's words were the impetus for the drafting of a Mike Sharp formal Declaration of Independence, although the Robert Masters resolution was not followed up on immediately. On 3301 Kell Blvd., Wichita Falls, TX 76308 June 11, consideration of the resolution was postponed by a vote of seven colonies to five, with New York abstaining. However, a Committee of Five was appointed to draft a statement presenting to the world Remember the colonies' to case for independence. Always do Business with Association Members! Members of the Committee included John Adams of BRYAN WAGGONER Massachusetts, Roger Sherman of Connecticut, Benjamin Franklin of Pennsylvania, Robert R. 3907 Kell BoulevarG ‡ WLFKLWD )DOOV ‡ Texas 76308 Livingston of New York and Thomas Jefferson of (940) 691-3641 Virginia. The task of drafting the actual document fell on Jefferson. )D[ ‡
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On July 1, 1776, the Continental Congress reconvened, and on the following day, the Lee Resolution for independence was adopted by 12 of the 13 colonies, New York not voting. Discussions of Jefferson's Declaration of Independence resulted in some minor changes, but the spirit of the document was unchanged. The process of revision continued through all of July 3 and into the late afternoon of July 4, when the Declaration was officially adopted. Of the 13 colonies, nine voted in favor of the Declaration, two -- Pennsylvania and South Carolina -- voted No, Delaware was undecided and New York abstained. John Hancock, President of the Continental Congress, signed the Declaration of Independence. It is said that John Hancock's signed his name "with a great flourish" so England's "King George can read that without spectacles!" Today, the original copy of the Declaration is housed in the National Archives in Washington, D.C., and July 4 has been designated a national holiday to commemorate the day the United States laid down its claim to be a free and independent nation.
What you need to know about OSHA's new regulations on workplace injuries
Reprint from Austin Business Journal & TAB News Brief
Every year, employers within certain industries who have more than 10 employees have been required by the Occupational Safety and Health Administration (OSHA) to maintain a log of safety data and make a summary available internally for all employees to view. Known as the OSHA 300a, the log essentially lists all of the employee injuries and illnesses recorded by an employer during the year. In a new ruling announced last month, some of those employers will now be required to share an electronic copy of their 300a data with OSHA, making it available on OSHA’s public website. That means that c u s t o m e r s , competitors and OSHA investigators will, for the first time, have direct access to a company’s internal safety records. High-risk Industries All employers with 250 or more employees and those with 20 to 249 employers in “high risk industries� will now be required to report their 300a data electronically to OSHA. Companies must submit their 2016 data by July 1, 2017. 2017 data must be submitted electronically by July 1, 2018. The industries considered by OSHA to be “high risk� for injuries and illnesses may also come as a urprise to some companies. Grocery stores, department stores and property management companies are among the types of establishments that must comply (see OSHA’s website for a complete list). The government’s goal is to continue to increase transparency, and in turn, make it easier to identify and remedy hazards in the workplace and encourage employees to report safety concerns. In a statement, OSHA officials said they hope the new rule Continues on page 11
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House Votes to Reinstate Health Reimbursement Arrangements
Filed in Capitol Hill, Labor, Safety and Health on June 21, 2016
The House today approved the Small Business Healthcare Relief Act (H.R. 5447), l e g i s l a t i o n championed by NAHB that would allow small business owners to help their employees pay for health insurance. “The nation’s home builders commend the tireless efforts of Reps. Charles Boustany (R-La.) and Mike Thompson (D-Calif.) for advancing this bipartisan, common-sense bill that will help small business owners across the land to ease the prohibitive cost of health care insurance for their workers,” said NAHB Chairman Ed Brady, a home builder and developer from Bloomington, Ill. “We urge the Senate to act promptly to pass companion legislation S. 3060.” The Small Business Healthcare Relief Act would allow home building firms and other small businesses to provide Health Reimbursement Arrangements (HRAs), which let employers contribute something to their employee health costs. Specifically, HRAs allow small businesses to offer pre-tax dollars to insured employees to help pay premiums and/or other out-of-pocket costs associated with medical care and services. HRAs are very flexible and affordable, allowing employers to design their plan to meet the unique needs of their company. All employer contributions to the plan are 100 percent deductible to the employer, and tax-free to the employee, making this a great benefit to help workers to obtain health insurance. Unfortunately, the Internal Revenue Service issued guidance in 2013 stating that employers are no longer able to use HRAs because they don’t meet the requirements of the Affordable Care Act. Not only did the IRS make HRAs illegal, the agency decreed that all employers can face fines of $100 per day per employee if they offer this benefit to their workers. That can add up to $36,500 per employee over the course of a year
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and up to $500,000 per company. This $100 per day penalty went into effect on July 1, 2015. “By reinstating the use of HRAs and rescinding the punitive IRS penalties associated with them, this legislation will allow small employers with fewer than 50 employees to help their workers to obtain coverage or pay for their medical bills,” said Brady. “The Senate must now do its part so that our nation’s small businesses can continue to voluntarily provide health care assistance to their employees without fear of government reprisal
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will “nudge employers to prevent work injuries to show investors, job seekers, customers and the public that they operate safe and well-managed facilities.” Establishing a culture of safety Additionally, in 2015, OSHA updated a separate rule that requires all employers to report by phone or online all employee deaths, amputations, losses of an eye, or immediate overnight hospital admissions. All deaths must be reported within eight hours and the others within 24 hours. What does this all mean for employers? It means that establishing a culture of safety across the entire organization – regardless of size or industry – is more critical for businesses than ever before. Risk management experts can help companies build a comprehensive safety program that includes: • Well-documented safety procedures and policies, including no retaliation policies related to employee complaints • OSHA-compliant practices for record-keeping and employee postings • Regular manager and employee training on safety and compliance issues This guidance is of particular value to industries not
typically immersed in OSHA compliance. These may include white-collar employers or small businesses with little to no experience in reporting workplace injuries or incidents to OSHA or handling the potential legal issues related to employee safety complaints.
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Member Advantage at a Glance
www.nahb.org/ma
Houzz - Free access to Houzz Concierge Service, plus special discounts on local advertising programs and up to 10% off Houzz Shop products. Learn more at www.houzz.com/NAHBmembers. FCA US LLC - A $500 cash allowance for members, employees and household family members. This offer is good toward many new models in the Chrysler, Dodge, Jeep®, Ram or FIAT® vehicle lineup and is stackable with most current local or national incentives. Visit www.nahb.org/fca to learn more. Lowe’s - Visit www.LowesForPros.com/NAHB or call 877-435-2440 and register to save 2% on your Lowe’s Accounts Receivable (LAR) purchases and free delivery on purchases over $500. Save an additional 5% every day at the store when you mention the 5% at time of purchase and when using your LAR. General Motors - $500 private offer on most Buick, Chevrolet and GMC vehicles. Business owners receive a $1000 private offer on select vehicles and may also qualify for additional incentives. Visit www.nahb.org/gm to find out more. G&K Services - Enjoy up to 20% guaranteed savings off standard pricing on uniforms, facility services, and direct purchase customized apparel. Visit www.eMemberBenefits.com/NAHB or call Your National Account Specialist at 713-967-6214 to request a quote or free site assessment. AT&T, Verizon, Sprint & T-Mobile - Savings up to 35% including a free analysis of new and existing plans. Program offers free mobile to ANY mobile, free mobile device management, dedicated help desk support, and much more. Visit www.eMemberBenefits.com/NAHB or call 866-430-NAHB (6242). 2-10 Home Buyers Warranty - Visit www.2-10.com/NAHB or call 855-280-1328 to receive exclusive access to discounts on select products, including the Builder Backed Service Program and the systems and appliances warranty. AXA Equitable - Offers full-service, low-cost retirement plans that can help reduce taxes while saving for life in retirement. Visit www.axa.com/nahb or call 800-523-1125, Option 3, Department 2046 and mention NAHB. UPS Savings Program & YRC Freight - UPS discounts of up to 36% on a broad portfolio of shipping services. Savings of at least 70% on less-than-truckload shipments 150 lbs. or more with UPS Freight and YRC Freight. Visit www.1800members.com/NAHB or call 800-MEMBERS (800-636-2377) for more information. TransFirst - Payment solutions with average savings of 16% per year. Web/mobile tools, credit card and eCheck processing and more. Free "Savings Analysis" call 800-613-0148 or visit www.TransFirstAssociation.com/NAHB. Dell - Up to 30% off on all Dell computers. Call 800-757-8442 and mention NAHB or visit www.dell.com/nahb. Associated Petroleum Products (APP) - Earn $0.015 for EVERY gallon purchased using the APP Fuel Card program. Visit www.associatedpetroleum.com/nahb to enroll or call 800-929-5243, Option 6 and mention NAHB. GEICO - Exclusive NAHB discounts for members on auto insurance. Visit www.geico.com/disc/nahb or call 800368-2734. Mention NAHB for auto, homeowners, and commercial auto quotes. Hertz - Up to 20% off on rental cars and FREE Gold Plus Rewards membership. Visit www.hertz.com/nahb, or call 800-654-2200 and use CDP# 51046. Avis - Up to 25% off rental cars and FREE Avis Preferred Service membership at www.avis.com/nahb, or call 800-331-1212 and use AWD code G572900. Budget - Up to 20% off rental cars and FREE Budget Fastbreak at www.budget.com/nahb, or call 800-283-4387 and use BCD code Z536900. Office Depot - 10% off all delivery orders. Free shipping on orders of $50 or more. Call 800-274-2753 and mention NAHB. Omaha Steaks - Save 10%, in addition to any online specials. www.OSincentives.com/promo/nahb Endless Vacation Rentals - 25% discount on over 200,000 vacation rentals worldwide. Call 877-782-9387 and mention NAHB at time of reservation or go to www.endlessvacationrentals.com/nahb. Wyndham Hotel Group - 15% off at over 7,400 hotels. Call 877-670-7088 and mention ID 8000002688. Go to www.nahb.org/ma and click on the Wyndham logo to find out more. FTD - 20% off floral arrangements and gifts at www.ftd.com/nahb or call 800-SEND-FTD use code 17421. NAHB Career Center www.nahb.org/careers - 20% off standard rates for job posting and 15% off other HR services. Version 1.13.2016