Louisville Builder October 2011

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contents

vol. 24, no.10 october 2011

THE OFFICIAL PUBLICATION OF THE HOME BUILDERS ASSOCIATION OF LOUISVILLE, INC.

association news 12 Working Overtime in Governmental Affairs 14 Tour of Remodeled Homes was Electric 16 The Inside Track on What You Need to Know About Legal and Insurance Issues 22 What’s New at the Home, Garden & Remodeling Show?

26 How Can You Play a Role in the October Affiliate Membership Drive? departments

feature

Perspective Letter...............................5

A true test of patience, the challenges that have accompanied the housing downturn have been an education in re-defining what products and business strategies will be successful with unpredictable and reluctant buyers. The national housing market has served as one of the largest classrooms for the entire country, and the lessons learned have been both painful and valuable. page 6

Member News..................................27

How to Prepare Your Business for Success in 2012

New Members..................................28 Members Pending............................28 Honor Roll.......................................29 Milestone Members.........................29 Calendar of Events...........................30 Home Product exPo Set i tHe inSide track on LegaL and inSurance iSSueS i goVernmentaL aFFairS uPdate

tHe oFFiciaL PuBLication oF tHe Home BuiLderS aSSociation oF LouiSViLLe, inc.

events

Home Product Expo

January 7-8 Event to Fuel Consumer Interest in Remodeling

page 11

products

Outdoor Heating & Lighting Products every member should know about.

page 21

VoLume 26, no.10 octoBer 2011

Find expanded content and connect with others! www.Facebook.com/HBALouisville

Cover: Find your success in 2012 by preparing now. Do your research, market yourself wisely and figure out how you can come out on top.

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perspectiveletter Home Builders Association of Louisville, Inc.

1000 North Hurstbourne Parkway Louisville, KY 40223-4012 (502) 429-6000 FAX (502) 429-6036 Email: newhomes@hbal.com Web Site: www.hbal.com 2011 OFFICERS Billy Doelker President Rob Eberenz, Jr. Vice President Bob Thieneman, Jr. Treasurer Perry Lyons Secretary Stan Logan, Jr. Associate Vice President Charles J. Kavanaugh Executive Vice President BUILDER DIRECTORS Terry Chynoweth Pat Durham Michael Isaac Joe Kroll P. R. Lancaster David Lurding Jeremy McGraw George Miller Michael O’Dea Chris Osborne Rocco Pigneri David Rateau Dave Smith Todd Stengel ASSOCIATE DIRECTORS Bill Bardenwerper Davis Boland Joe Dumstorf David Ernst Dale Hellmann Buddy Kittle Paul Miele David Mikels Teresa Morgan Jeff Ratanapool Tom Raver Joe Simms Derek Smothers

HONORARY Builder DIRECTOR

Clifford Thieneman, Sr.

HONORARY associate DIRECTORs Frank Arnold, Sr. Richard Bean PUBLISHER Charles J. Kavanaugh EDITOR Tara Brinkmoeller Advertising Melissa Mattingly Kimberly Greenwell 502.429.6000 GRAPHIC DESIGN Scott Dudgeon Writers Stacy Smith Rogers HBAL Issues Nancy Miller Product Features HBAL Staff PRINTING United Graphics

Professional Development Creates a Professional Association

by Chuck kavanaugh

In August of this year I traveled with Gail Schell, vice president of operations and Tara Brinkmoeller, director of public affairs and communications to the Executive Officers Council Conference in Naples, Florida. The EOC Conference is an annual gathering of executive officers and some staff to share best practices and attend continuing education sessions about topics like association management, governmental affairs, membership recruitment, and association events.

Having three of us there this year allowed for us to attend a variety of different training sessions so that we could all learn about something different and bring a greater amount of knowledge back to share with the rest of the staff and enhance our Association. Some of the sessions that we attended taught us techniques used by other EO’s to be more effective at lobbying on behalf of our members with local and state government, the best member recruitment efforts and tips for engaging members, how to communicate with all members, how to integrate social media into the daily operation of an association, and developing a dynamic and interactive website (quite timely since we’re in the middle of our website redevelopment!).

In addition to attending sessions, both Gail and I were presenters at the conference. Gail served on a panel that made a presentation called “Redesigning your Home Show, Parade of Homes or Other Expos.” I presented with the EO from the BIA Southern CaliforniaLA/Ventura, Holly Schroder and NAHB assistant vice president of land development, Debra Bassert about the variety of government-funded studies and programs that are shaping land development and planning across the country. I cited specific examples from Louisville.

One of the benefits of presenting at the conference is that NAHB helps to cover expenses for lodging.

And, because we earn Southwest airline miles from our corporate credit card, we were all able to travel using our accrued miles. There was very little out of pocket expense for three of your staff to receive what is, in my opinion, priceless professional development experiences that will help to shape our Association and position it for greater success in the future.

In addition to the outstanding classes and networking that we enjoyed at the conference, we also walked away with an award! Each year NAHB’s EOC gives out awards to associations who have performed exemplary work in the previous year for a variety of categories. Some categories are more competitive than others, of course. I am thrilled to share with you that your association was awarded the AEA for “Best Local Government Affairs Effort for 2010” for the Mayoral Debate that was hosted in May 2010 by our Commercial

Council. This category is extremely competitive and is an absolute honor.

Your association was highlighted again when I was elected by my peers to serve as the 2012 EOC President. I began on the executive ladder of the EOC two years ago and look forward to my term as president, which will officially begin when I am installed at IBS in February 2012. I will be serving with two men whom I highly respect. Tim Minton, HBA of Raleigh, NC will serve as VP/Treasurer, and Jon Chandler, Oregon HBA will serve as the Secretary. I will also continue to serve with David Ellis, HBA of Greater Atlanta, who is the immediate Past President. Upon my installation, I will be the fifth person from the state of Kentucky to serve as EOC president. John Robinson from Louisville has also served, as did Bob Weiss, HBAK EO most recently.

Tara Brinkmoeller and Chuck Kavanaugh receiving the AEA award for “Best Local Government Affairs Effort for 2010”

The conference was well worth attending. Ariel Moyer and the rest of the EOC staff at NAHB created an informative, inspirational, and rejuvenating conference this year. We are grateful to our members and Board of Directors that we are able to invest back into our HBA through professional development like this for your leadership and staff. We have come home with pages upon pages of ideas, plans, and notes and look forward to using what we have learned to continue to be a resource, advocate, and leading representative for our members and the building industry.

Sincerely,

Charles J. Kavanaugh Executive Vice President Home Builders Association of Louisville october 2011 5

6 louisville builder • hbal.com

HBAL members have continually demonstrated a resolve and a commitment to become better and stronger, despite the setbacks that recent years have dealt, and 2012 will no doubt offer its share of challenges. So what are the next steps in preparing for success in the coming year?

How to Prepare Your Business for Success in 2012

By Stacy Smith Rogers, Grace Communications, LLC

HBAL members have spent nearly half a decade so far learning to adapt to an unstable housing market that has had many of them scratching their heads. A true test of patience, the challenges that have accompanied the housing downturn have been an education in re-defining what products and business strategies will be successful with unpredictable and reluctant buyers. The national housing market has served as one of the largest classrooms for the entire country, and the lessons learned have been both painful and valuable.

Having been tested on many levels, HBAL members are ready to graduate beyond the status quo with a four-year-plus degree in successful business planning that’s made them wiser and ready to help bring this struggling market out of a rut and into a vibrant, growing economy. Despite the challenges, HBAL is the second-largest HBA in the nation. That says something. With a “we’re in this together” mentality, the association is poised and ready to share its resources with members who, with diligence and perseverance, can embrace opportunities to join in the effort to make Greater Louisville an example for other housing markets to follow.

impact of possible future housing price declines on macroeconomic growth and a vicious cycle of lower household net worth, leading to more cautious lending to households, which in turn reduces housing demand, lowers prices and reduces household net worth.’ Bernanke was optimistic, however, that ‘over the medium term, housing activity will stabilize and begin to grow again, if for no other reason than that ongoing population growth and household formation will ultimately demand it.’ The housing sector, weighed down by weak economic activity, has experienced mixed results,” Crowe reported.

On a local level, Crowe offered a tangible suggestion to HBAL builders. “I would advise builders in Greater Louisville to go back to their customers they may have built homes for 10-15 years ago and see if they want to make any remodeling updates. If the client is happy with the job they did when they built their home, they can trust the builder to do a good job on an update to the home,” he said.

Nationally Speaking ...

One of the advantages of being a member of HBAL is taking advantage of advice from experts in the field of advertising and promotion.

The association’s advertising team can work with members to create a marketing strategy that streamlines their efforts in successfully getting their message across to consumers.

NAHB Chief Economist David Crowe is a Louisville native and “goto” resource for learning about the national economy in relation to the home building industry. Through nahb.org, members can follow his Eye on the Economy postings and gain a national perspective from a local guy who is in the know and is rooting for his hometown to bounce back from the housing downturn. In Crowe’s Aug. 19, 2011 Eye on the Economy posting, he noted ...

“The NAHB Housing Market Index was unchanged in August, with builder confidence languishing at roughly the same low level for the past nine months. Housing starts continue to bounce along the bottom, with a slight decline in July on the heels of a marked increase in June.” Crowe is a “tell-it-like-it-is” resource for the homebuilding industry, but his message also includes insight into when the industry can expect to see positives. Members who are avid Eye on the Economy followers gain valuable perspectives on why the economy is the way it is and what they can anticipate in the coming months.

Crowe’s Sept. 2, 2011 posting referenced a recent speech by Federal Reserve Board Chairman Ben Bernanke. Bernanke expressed disappointment that the recovery has been much less robust than he had hoped. “He (Bernanke) also voiced concern that housing has not been able to perform its traditional role of lifting the economy out of the recession, due to ‘tight credit conditions for buyers and builders, the

What Do HBAL Advertising Strategists Recommend in the Coming Year?

Consistent Brand Messaging Scott Dudgeon, HBAL graphic designer, offered advice to members regarding brand awareness. “My number one piece of advice for members is to create a brand that is effective and consistent. You need to know what separates you from your competitors. You have to know your core audience and if your marketing is reaching them.” he said.

Dudgeon emphasized the need for consistency in both messaging and visual identity. “You also need a brand identity that is effective and consistent. This consists of everything from your logo, business card, your website, to your answering system. In many cases this is your potential consumer’s first knowledge of your company. You have to ask yourself if it’s sending the right message.”

Dudgeon said that although HBAL can’t create or re-work a member’s brand identity from scratch, the staff can make sure it stays consistent. “We have a variety of products, and can help you figure out which will best reach your audience. We can also create print advertising that reflects your identity for use in our many publications. In addition, there are many sponsorship opportunities available that can october 2011 7

Prepare your Business for Success in 2012 not only reach your audience, but can reflect your identity,” he said.

Dudgeon referenced Logan Lavelle Hunt Insurance & Wealth Management’s recent logo re-design. “They had a new logo designed and created a new tagline, “We Focus on You,” that is consistent throughout their marketing. Their advertising is also geared to their audience.

If they have an ad in Louisville Builder for example, it is aimed at business owners and professionals. If it is in our Home Show Guide, it is focused on the general public,” he explained.

2._____________________________________________________

Creating a Defined Marketing Strategy Melissa Mattingly, HBAL’s senior account executive, suggested doing homework to make the most of advertising investments in the coming year. “We consistently help members identify their heavy user and the best ways to reach them,” Mattingly explained. Here’s an initial homework assignment that Mattingly said will help a business achieve its marketing objectives:

5. Focus on the top two benefits that you rank the highest.

1. Identify your heavy users -- Not just by age, race, or gender but also look at their lifestyles.

Are your heavy users trendsetters, moms, dads, grandparents? _______________________________________________________

3._____________________________________________________ 4._____________________________________________________ 5._____________________________________________________ Compare how your rank on each of those benefits versus each of your competitors.

1._____________________________________________________ 2._____________________________________________________ 6. Create a marketing plan focusing on those two benefits.

7. Determine your message and where you’re going to promote it. Based on the information you gathered on your heavy user, define the message and the promotion venues that would be the best fit to reach your heavy user. _______________________________________________________ _______________________________________________________

Are they white collar or blue collar? _______________________

_______________________________________________________

What’s their household income?___________________________

_______________________________________________________

Where do they live?______________________________________

For more information on having HBAL assist with a marketing plan for preparing your business to succeed in 2012, contact Melissa Mattingly or Kimberly Greenwell at 429-6000 or by email at melissa@hbal.com or kimberly@hbal.com.

2. What are the benefits your customer is looking for?

Consistency? Convenience? Type of Product?

Come up with five or six benefits that are important to your heavy user customer. Write them down and be specific. _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ If one of your benefits listed is good service, write down what makes that a good service (i.e. quick turnaround, always fixed right the first time, etc.).___________________________________ 3. Who are your competitors? Write down five or six. _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 4. Look at the benefits sought by your customer. Rank them one through five on how each of your competitors are doing to provide that benefit.

1._____________________________________________________ 8 louisville builder • hbal.com

What 2012 HBAL Events Can Help Shape the Market in the Coming Year?

HBAL events reach thousands of consumers each year. In addition to internal business-to-business opportunities offered through the association, public events can have a dramatic impact on consumer confidence and inspiration. HBAL members are not only advised to mark their calendars for these events, but are encouraged to take an active role in them. How? (choose all that apply)

Be a participant.

Be a sponsor.

Advertise in supporting publications.

Talk it up! Include the event information in your own promotions.

Be a facebook fan.

Attend.

Home Product Expo – Jan. 7-8 Home, Garden & Remodeling Show – Mar. 2-4 Homearama – July 14-29 Tour of Remodeled Homes – Aug. 11th & 12th Also of note is the 2012 International Builder’s Show, which is set for February 8-11 in Orlando. For more information, visit buildersshow.com.

Prepare your Business for Success in 2012 How Do Fellow Members Plan for Success?

In a recent conversation with experienced HBAL members, several questions were posed to see how people “in the field” are preparing for success. Here’s how some of them ( Joe Dumstorf, The Trend; Pat Durham, Pat Durham Builders; Jeremy Esposito, Esposito Construction, and Joe Pusateri, Elite Homes) responded: What Resources do You Use in Creating a Strategic Game Plan for Success?

Pusateri – “I read Think and Grow Rich by Napoleon Hill probably 100 times when I was growing up. One of the 13 success principles in the book is the creation of a ‘master Mind’ group. That is a group of mentors whom you can go to for advice and ideas. I have always had a group of people like this that I can go to for advice or bounce ideas off of.”

Esposito – “My business partners and I lean on each other for the strategic planning of our business. We each bring a little something different to the game. From the experience, to technical and business knowledge, we all contribute our ideas of what our ‘strategy’ should be and hopefully come to a well balanced solution.”

Durham – “My ‘go to’ resource for a game plan for strategic planning for my business is a formula that has worked well over the years: set goals, develop targeted business or clients, network and follow through on the objectives set in place. Follow-up and referencing back to your goals is critical.”

Dumstorf – “My customers and my employees are my resources – I try to canvass them to see how they are doing and what they are doing.

Because economists generally look at the ‘big picture,’ they sometimes cannot see what is going on ‘where the rubber meets the road,’ so my best resources are my customers and my employees.”

What Re-charges and Helps You Define the Focus to Position Your Business to Succeed?

Pusateri – “I work out every morning which helps get rid of stress and clears my mind. I listen to high-energy music when I leave for work in the morning to get me pumped up. I listen to motivational CD’s all day as I drive around in my car. I speak quite a bit about leadership and speaking keeps me accountable to ‘walk the talk.’ I read everything I can get my hands on about leadership, motivation and success stories.

I read all the industry publications.”

Esposito – “Nothing ‘re-charges’ us like being slow! It gives us time to focus on different things that we don’t have time for in the busy times. We can work on our marketing, web development, new business strategies, as well as professional development, while the opportunity allows us. Then, we’re even more prepared when the market turns.”

Durham – “The thing that re-charges me is a reliance on God for guidance, and to remember all of the blessings we have in this world and what we need to do to take advantage of them. The biggest motivator we have is to be thankful for what we have, what we strive for and what we can do to give back for all that we have been given.”

Dumstorf – “Actually the interaction with my employees charge me up, but it also can take me down. We express to all of our people that in working for a small business, there is good and bad. The good is that every day when they walk through the door they have a strong influence on the making or breaking of the company. The bad is that every day when they walk through the door they have a strong influence on the making or breaking of the company.”

What’s the Best Timeless Piece of Advice You’ve Received That Has Made a Difference in Shaping Your Career or Business? Does it Still Apply in a Struggling Economy?

Paul Miele, K-I Lumber and Dave Ernst, R.J. Thieneman Realty Group, added to the conversation ...

Joe Pusateri, Elite Homes – “Earl Nightingale said the greatest secret ever discovered is this, ‘you become what you think about.’ In other words, if you can see yourself as a success, as making the sale, as emerging through this difficult economy stronger than ever, you will. People want to do business with positive, enthusiastic builders and companies. If you aren’t that person, they will find someone who is.”

Paul Miele, K-I Lumber – “Networking. You’ve got to be where your customers and prospects are. Whatever affords you the opportunity to meet new people will ultimately connect you to those you can help, whether that means attending industry-related monthly meetings/ trade shows, joining a club, volunteering or joining a civic related organization. You’ve heard the adage ‘give and you shall receive.’ If you give of yourself first, good things will come back to you!”

Jeremy Esposito, Esposito Builders – “No matter how much it hurts, or how much time it takes, or how much money you may lose, do the right thing. If you pay attention to doing things the proper way and covering the detail work, the bottom line will take care of itself. If people invested as much into their product as some did into cutting corners and finding ‘creative ways’ to make an extra nickel, they would find people beating down their doors for their business.”

Dave Ernst, R.J. Thieneman Realty Group – “The best advice I was given was from my former boss at St. Joe Towns and Resorts George Casey (current CEO of Orleans Homebuilders). He always suggested that before attacking a problem, entering into a new market or making big changes that we should always ‘seek first to understand.’ He also said to ‘ask questions of those involved and most importantly, listen. Do your research, but be speedy with your execution once a course of action is decided.’ I believe that this advice applies more than ever in the current market conditions as there certainly isn’t much room for error.”

Pat Durham, Pat Durham Builder Inc., – “The best timeless piece of advice I have received that helps to shape my business principles is to treat others the way you want to be treated, and to follow-up and do what you say you will do. That will always pay dividends – and, it applies in any economy.”

Dumstorf – “Always call your banker, your suppliers, and your customers back in a timely manner.” october 2011 9

Prepare your Business for Success in 2012 Webinar Wednesdays Through NAHB.org There are numerous resources through the national association, including online publications such as Nation’s Building News. In addition, there are online courses and webinars that can offer valuable information for members who may not have the time or money to travel to specific venues. NAHB encourages members to take advantage of its Webinar Wednesday series, offered each week, 2-3 p.m. Each webinar counts for one hour of continuing education credit toward NAHB professional designations. Upcoming topics include: Adjusting to the “New Normal: Strategies and Best Practices from 50+ Builders” Oct. 12 There’s evidence that the housing market is starting to thaw, but will it be “business as usual” for builders and developers of 50+ lifestyle communities in the future?

Successful Marketing Strategies to Boost Leases and Sales in Multifamily Communities Oct. 19 Ideas to increase occupancy in apartments and drive condo sales.

Biggest Hurdles and Best Solutions in Housing Financing Nov. 2 Discussion of current issues and concerns related to housing finance.

Creating the Modern Marketing Budget Nov. 9 It’s time to figure out how to create a marketing budget that helps maximize current resources but can still adapt when housing starts recovering. This webinar can help decision-makers to use what they have now to market their products most efficiently, while still preparing to hit the ground running when their local markets pick back up.

High Tech, High Touch – What’s New in 50+ Technology Nov. 16 Technology continually redefines the way people live, work and play and proves to be critically important to the 50+ buyers who are more tech-savvy than ever.

2011 Affordable Million-Dollar Details and Sneak Peek Into 2012 Cost-Saving Details Nov. 30 In today’s challenging environment, builders need an edge that differentiates them from the competition—a far better strategy than competing on price alone. In this session, a panel of experts offer tips and practical examples of how to make your homes greener, deliver more home technology and offer greater architectural design, all with a reasonable budget.

For more information, visit nahb.org.

HBAL.COM

Watch HBAL Senior Account Executive Melissa Mattingly explain how the HBAL can help you with you prepare for success in 2012 Facebook.com/HBALouisville FACEBOOK

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3001 taylor springs drive louisville, Ky 40220 p. 502.459.8402 F. 502.459.8427 www.btmeng.com 10 louisville builder • hbal.com

2nd Annual Home Product Expo Set January 7-8 Event to Fuel Consumer Interest in Remodeling Free to Park ... Free Admission ... Free Advice

By Stacy Smith Rogers, Grace Communications, LLC

Now in its second year, HBAL’s locally produced Home Product Expo is expected to heighten awareness about the products and services available for homeowners around the region who are considering remodeling projects. The event will be held January 7-8, 2012 at Paroquet Springs Conference Centre in Shepherdsville, Ky., and will feature more than 70 local home improvement companies which provide advice to money conscious consumers.

The Home Product Expo specifically highlights home renovation projects and the products of local suppliers and serves as a teaser for the upcoming Home, Garden & Remodeling Show presented by Window World in March. It offers free admission and parking and is conveniently located off of I-65 just south of Louisville. According to HBAL Vice President of Events and Operations Gail Schell, the Home Product Expo is the perfect place to spark people’s interest in their home improvement needs. “Many people attending the Expo last year were very impressed – commenting that they had never been to an event in the Centre that looked anything like what we set up.

It drew people not just from the Bullitt County area, but also from the east end of Louisville, the Highlands, Indiana and other areas,” she said. Schell emphasized the value the event has on jump starting consumer interest in home improvement projects. “Exhibitors have a chance to stimulate consumers’ interests in pushing ahead with the projects that they may have had on the back burner,” she added.

Reserve Your Booth Today!

Vendors at the Home Product Expo are encouraged to reserve their booths soon. Exhibitors are limited to home-related items. This year’s

show is expected to expand on last year’s event, with even more vendors, including cabinetry, flooring and lighting industry representatives.

Booth Spaces and Rates: • All booth spaces are 8’ x 8’ • First Booth: $350 -- Add $25 for a six-foot draped table and two chairs.

(Companies needing additional booths need to call. Double booths will be limited.)

• Electrical included (Single 110 outlet) if you bring your own extension cord.

• Add $125 to your application for a business card ad in the flyer given out at the door. (Limited to the first 14 companies applying.)

Giveaway Opportunities Still Available!

HBAL welcomes members to participate in giveaways (valued at $500 or more) to help generate interest in and awareness of the event. For more information, contact Gail Schell or Jessica Embry at 429-6000 or gail@hbal.com or jessica@hbal.com.

Contact Gail Schell or Jessica Embry at 429-6000 to register.

Visit homeproductexpo.com for more information. sponsored by:

october 2011 11

Working Overtime in

Governmental Affairs Governmental Affairs work has always been considered one of the most important roles of our Association at the local, state and national levels. It’s not necessarily one of the most glamorous roles of the Association but it proves to be the conduit to maintaining positive image, influence, and opportunity for the Association and its members.

One might think that in a down economy there would be less for the Governmental Affairs Committee or staff to do, but that has proven to be quite the opposite! Despite the recession and decreased building activity in our industry, the Governmental Affairs Committee, Commercial Council, and HBAL staff has worked overtime to monitor and combat the various studies, grant applications, proposals, ordinances, and legislation that have been introduced during the past 18 months or so.

Your local association takes its role as an advocate of and for the building industry in Louisville very seriously, which is why we work to be extremely engaged in many issues locally, at the state level, and nationally to generate outcomes that generate climates conducive to business for our members.

The Association’s main focus in the recent Mayor’s race was to improve and make the planning process more efficient. We have continued our involvement with Mayor Greg Fischer to accomplish our goal within the PDS and its process. Several members of our association, including Chuck Kavanaugh, HBAL executive vice president and Bill Bardenwerper, Bardenwerper, Talbott & Roberts, along with our industry partner Gale Lively, Louisville Apartment Association were asked by Mayor Fischer to serve on a 10-person committee to review the city’s planning process. This Planning Audit Taskforce, as it became known as, worked with numerous other citizens to form three subcommittees each with unique responsibilities. There was an Interview/Data Gathering Sub-Committee, a Process Review Committee, and a Best Practices/Comparable Com12 louisville builder • hbal.com

munities Committee. Ultimately each subcommittee prepared a report of its findings to be reviewed by the appointed Planning Audit Taskforce and this smaller group prepared a report with recommendations for significant changes at Planning and Design Services regarding the process, attitudes of staff, and management of the process. The final report was presented to the Mayor at the end of August. Since delivering the report, Chuck Kavanaugh, John Miranda and Rocky Pusateri and other members have been in meetings with Mayor Fischer confirming the need for change in order to fix the planning process and Department, which he had stated during his campaign was his priority. We are committed to seeing this change through to the end.

“The Commercial Council of HBAL initiated a request for the full board of directors that the Association join the Council in submitting a letter to the board of directors at River Fields asking them to drop the lawsuit against the bridges projects.”

Many of the other projects and initiatives that we are currently involved with are in the middle of their cycle. There are less results or action items to report now, but because all of these are of extreme importance to the membership and our industry, we want you to be aware of what we are working on presently.

Roads and Transportation Initiatives Ohio River Bridges Project One of the most recent actions taken by the Association was related to the Ohio River Bridges projects. The Commercial Council of HBAL initiated a request for the full board of directors that the Association join the Council in submitting a letter to the board of directors at River Fields asking them to

drop the lawsuit against the bridges projects.

The board agreed and on September 6, 2011 two separate letters were sent to the organization asking for the suit to be dropped in order to create jobs and economic prosperity for the region. Additional information can be found about this topic at www.kentuckiansforprogress.org. If you wish to personally support this initiative you can sign a petition that can also be found at this website, or write a form letter that will be directly emailed to River Fields.

Southeast Metro Regional Planning Study A group of land planners, commercial developers and staff are working with Councilman Stuart Benson and Councilman Robin Engel to modify a report entitled the “Southeast Metro Regional Center planning study.”

Broad sweeping changes are necessary before this plan can be presented to Metro Council.

Negotiations for changes were underway at the time of publication.

Water and Waterways Floyds Fork Total Maximum Daily Load Over the next 12 months we will share more about a Total Maximum Daily Load (TMDL) allocation that is being prepared for Floyds Fork. This work is being done in accordance with a law that requires all waters to be suitable for their intended uses as define by the Kentucky Division of Water (KDOW) and the EPA. HBAL will work closely with KDOW, EPA Region 4, and the company that has been contracted to develop the load calculations, Tetra Tech. HBAL will participate as much as possible through the public comment opportunities and will continue to engage KDOW during the implementation period. The TMDL development begins this month and should be completed by November 2012. The next public meeting is expected to be held in November 2011 and we will notify the membership via email.

Governmental Affairs MS4 and Storm Water Permits Other water-related regulations are being imposed by the EPA. The local MS-4 storm water quality permit for Louisville was recently updated by MSD, in accordance with the regulation. The permit requires that the first inch of water from a rain event be captured on site of commercial new development or redevelopment projects, when the land is located inside I-264. The first .6” (six tenths of an inch) must be collected on land outside of I-264. MSD is currently working on a post-construction remediation plan which will be in place by August 2012. In order to achieve the requirements of the MS-4 permit, MSD has updated their “Green Management Practices Manual.” The manual includes design strategies, design fact sheets, and an operations and maintenance information. You can call the utility to request a copy of the document. MSD also has incentive programs available to commercial developers who implement green infrastructure. Triplexes and higher residential buildings, commercial, industrial, and institutional developments are all eligible for the incentives.

Louisville Water Company System Development Charge A sub-committee of the Land Development Committee has been working with the Louisville Water Company to discuss the current system development charge. At the present time each building requiring a ¾” connection to a main that was built after 1992 is subject to a $700 system development charge. This charge was originally established in 2000. Our sub-committee has been working with LWC to evaluate the need for the current system development charge, or to identify options for modification to the SDC. Once an option has been identified that is approved by our sub-committee and ultimately the LWC Board, we will present an update to the Land Development Committee and our full membership via this magazine.

Preservation Neighborhood Conservation District Metro Councilwoman Tina Ward-Pugh sponsored an ordinance that would create a Neighborhood Conservation District, which would basically serve as an overlay district that would require additional design guidelines for new construction and substantial repairs and demolition rules for areas which are designated. Currently the ordinance states that a Metro Councilperson could sponsor the creation of a district and initiate the se-

ries of public meetings that would follow in order to create a Neighborhood Conservation District. The ultimate goal for the creation of this type of district is to be able to preserve the historic-like character of neighborhoods in Louisville. HBAL’s position regarding this ordinance is that the “trigger” mechanism to start the process for the formation of a NDC is far too lenient. We believe that there needs to be a vote of a minimum of 51% of property owners in order to begin the public hearing process. We believe this because the establishment of this District will generate added time, cost, and inflexibility when repairing and modifying ones property and if the majority of owners in a proposed district are not in favor of its creation it becomes an individual property rights issue. HBAL members have met with representatives from the Greater Louisville Association of Realtors and Building Owners and Management Association to engage the planning commission staff and council members on this issue.

Presently the ordinance has been tabled at the Planning Committee level of the Planning Commission. Councilman Tandy, whose district includes Phoenix Hill, has become the main sponsor of the ordinance and Councilwoman Ward-Pugh continues to be involved.

We will update you as this evolves.

Landmarks and Preservation Process Recently it seems as if preservation has been used as a weapon against development.

The Iron Quarter project, followed by the suggestion in the community to make all of downtown a historic preservation district is what provoked this thought in some of our Commercial Council members’ minds. A sub-committee of the Commercial Council is spearheading an effort to review the current Landmarks Commission process for creating landmark districts and landmarked buildings.

At the present time a building or district can be considered by the Landmarks Commission at the request of a petition containing 200 signatures of residents of Jefferson County.

There is public involvement during the process to landmark an area or building; however, the Commission generates the final determination for landmarking based on nine criteria of historical significance. HBAL wholly supports the preservation of historically significant structures and neighborhoods that add to the character of our city. We are not against preservation, in fact, quite the opposite; we do support it where appropriate. Our issue lies in the fact that 200 people from the entire county have the ability to begin a process that will significantly affect a property owner’s ability

to easily make modifications to their property if it becomes landmarked, or is part of a preserved district. We believe that a minimum of 51% of the property owners in a district that wishes to be established as a preservation district should be the only way that an area is considered by the Landmarks Commission.

At present, there are serious implications to individual property rights that we believe are disregarded by the current process. Additionally there is not an opt-out policy for residents in a proposed (or established) district; nor is there an appeal process for the owners of a building that has been petitioned for landmark status by 200 signatures of county residents. The sub-committee will continue to investigate this topic and plans to meet with members of the Landmarks Commission, Metro Council members and the planning commission to discuss this process.

In addition to the complete list of initiatives and items described above, we also continue to monitor the numerous grant opportunities for which our local government can apply so that we can have influence in the development of projects rather than react after funds have been awarded.

The Governmental Affairs Committee, Commercial Council, and HBAL staff is committed to providing excellent representation for our industry and membership in this legislative arena. We are pleased to work overtime for you.

Current Initiatives of the Governmental Affairs Committee: (not listed in any significant order) Southeast Regional Metro Center study Community Challenge Grant Partnership for Sustainable Communities Health Impact Assessment Floyds Fork TMDL MS4/Storm Water Quality Regulations Homeownership/MID Public Positioning Campaign Affordable & Fair Housing Coalition Neighborhood Conservation District Landmarks/Preservation Process LWC System Development Charge Planning Audit Positioning with new Administration Regional Sanitary Sewer EPA Lead Paint Regulations Floyds Fork Watershed Ohio River Bridges Project Job Creation Legislation

october 2011 13

Tour of Remodeled Homes was Electric! sponsored by:

14 louisville builder • hbal.com

The 26th annual Tour of Remodeled Homes presented by Bonnycastle Appliance and TV was held on August 14th and 15th with 18 homes on tour throughout the city. Projects ranged in size and complexity as they do every year, offering something for every consumer to see who may be looking to have remodeling work performed.

The excitement generated about this show this year was electric. Thank goodness since the storm that hit Saturday evening knocked out the power in many Louisville homes, including some that were on the tour! “This was my third year on the Tour, but this was definitely the most unique due to the storm,” said Jeff Smith, Insuramax Contractors, LLC. “Despite the weather and power outages, I think everyone continue to do well and I’ve already begun to receive work that I know

came directly from my participation this year,” added Smith.

Gary Wooldridge was a first-time Tour participant and he described the tour as an exciting experience for him and his company.

“I learned a lot by participating in the Tour, which added to the excitement of my participation,” he said. “I’ve already received solid, direct leads from the show, one which could even turn out to be my entry for next year’s Tour,” he added.

The Tour seemed to attract many qualified attendees this year, according to what Margie Brangers, Director of Registered Builder Program at HBAL, says she has heard from participants. “Crowds this year were steady throughout the show and didn’t seem to be bothered too much by the odd weather patterns experienced that weekend,” she said.

Remodeling continues to be a desirable option for many Louisville residents, which is one reason that this Tour continues to have strong participation, both in the number of projects on showcase and the amount of attendance.

Awareness of this Tour seems to grow as well. Scott Dudgeon, graphic designer for HBAL, created a short video that showcased the 18 homes on the Tour, which received more than 400 hits on You Tube. “I was extremely impressed with the number of views the video received,” said Dudgeon. “The video was a new marketing tactic used by our department this year and I think its success is due in large part because the remodelers made it viral by sending it to their clients and posting it on their facebook pages and websites.” The Tour of Remodeled Homes Show Guide was also viewed extensively online. In addition of the nearly 30,000 copies that were direct mailed to residents and distributed during the show, the “live” version of the book online was seen by 4,000 people before the Tour began. Social media enhanced the consumer engagement with the show this year, and will continue to be a source for remodeling trends and information for consumers throughout the year.

Although the weather did play a factor into the weekend, overall the Tour of Remodeled Homes was an exciting, well-attended show this year. Thank you to our sponsor Bonnycastle Appliance and TV and to all of our remodeler participants for your hard work to make the event a success.

Welcome to the finish line. © 2011 Executive Title Company. All Rights Reserved

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october 2011 15

Insurance Issues

About Legal and

Need to Know

on What You

The Inside Track

Insurance and legal matters are frequently on the priority list for members of HBAL. Both can involve complex issues that can have a major impact on business. Several of Louisville’s most knowledgeable attorneys and insurance executives talked to Louisville Builder and offered their expertise on a variety of topics.

By Nancy Miller INSURANCE ISSUES Robert Becker, Senior Vice President Van Zandt Emrich & Cary Insurance companies are certainly tightening their underwriting appetite. In years past they were much more willing to write contractors than they are today. One element that has affected the insurance industry with regard to construction is the transfer of risk from the subcontractor to the general contractor. Many insurance companies want to make sure that risk transfer is protected by a contract. We’re seeing the companies requiring general contractors to have agreements with their subcontractors that have specific language that won’t hold the general contractor responsible. The agreements try to define upfront whose insurance policy will be pri16 louisville builder • hbal.com

marily responsible for the actions caused by the liable or responsibility party. There is no exclusion in the coverage for the general contractor so the insurance companies are trying to mandate contracts between the general contractor and the subcontractors in which the general contractor is held harmless and the responsibility falls on the subcontractor.

Another thing that is starting to emerge is the exclusion in policies for foreign drywall.

They put more responsibility on the general and the subcontractor to know where the drywall is coming from. A few years back when there was a drywall shortage in the United States, product was shipped from the Far East. It’s still in the marketplace today. Apparently it is an inferior product that created all kinds of liabilities for the insurance companies.

Both attorneys and insurance companies

play a vital role in the development of a contract, and the insurance agency is an advisor as to what the insurance companies are willing to accept in the contract. We have to be sure that everyone is on the same page and that there is a clear understanding of what’s being asked of the insurance company and of the customer. There’s a lot more paperwork involved these days in being a contractor than there was 20 years ago.

Many companies in the construction business have been cutting their pricing to the bone, and are more concerned about expenses than ever before. Insurance is a large part of that. Because price is such an important issue, there’s more emphasis on subcontractor agreements, the policy language, making sure the company is solid and will stay in business, and that there isn’t fluctuation from one year to the next. We try and promote insurance

Legal and Insurance Issues companies that offer a three year rate guarantee. That becomes a big item.

It’s also important for contractors to inquire about errors and omission insurance.

Blueprints or documents that have been drafted by someone else don’t always translate perfectly in the field, so both the general and subcontractor may have to make on the spot decisions about changes. Those are changes to their work, and their work is excluded under a general liability policy.

Jesse Francis, President, Francis & Company Chad Francis, Vice President, Francis & Company Policy owners need to review their coverage that they have had in place to determine if their costs can be lowered by raising the deductibles. Also, it’s important to remove equipment that isn’t in use from their basic commercial policy. The premium might be reduced if that equipment is stored in a secure building. Perhaps the client could just have liability coverage instead of comp and collision since the vehicles aren’t on the road. People have to get creative to control premiums.

“Scheduling or listing equipment is key because insurance companies will cover only what is stated in the policy.”

- Jesse Francis

Scheduling or listing equipment is key because insurance companies will cover only what is stated in the policy. Many contractors are experiencing a great deal of theft on the job site.

They need to have vandalism and theft coverage on their builder’s risk coverage and should be aware of how much material or inventory they have at each job site. We always advise clients to be properly insured for all of their jobs.

Companies should also review their workers’ compensation policies and make sure their insurance agent is aware of any reduced payroll. Sometimes the company is paying too much based on current payroll. Policies should be reviewed every six months to check for overpayment.

There’s talk in the industry about fall protection, but fall protection is more of a loss control issue than an insurance issue. There’s no insurance that would cover an OSHA violation. It’s all on the company. From an insured’s standpoint, the programs they’ve set up in their own company program would include fall protection. Kentucky regulations state that all companies are responsible for the safety of

any of their employees. If the company doesn’t live up the state’s requirements and an inspector finds anything wrong, there will be a citation and a fine that will be issued in 30 days.

If a contractor asks us to provide a quote for insurance, we can also help with loss control needs, safety programs, and on site inspection and evaluation.

John Lannert, Investment Advisor Representative Veteran Agent Many HBAL members are partnerships between two, three or four people, and the partners are often related. In those situations you want to be able to provide a strategy in case one of the partners wants to retire, or most unfortunately, if one becomes disabled or dies. A buy-sell agreement should be in place to keep the company running in good operating order. Each of the partners would take a life insurance out on each of the other partners. Either the partners or the company could own the policy. The death benefit of the policy would enable the partners to buy out the deceased person’s share. If there is nothing in writing, the spouse of the deceased could take over the share regardless of competency to run the company. There should be a procedure in place long before the actual event occurs to eliminate hard feelings, confusion or misunderstandings. The insurance in a buy-sell agreement can cover disability.

The odds of a partner becoming disabled are greater than those of his death, and a disability situation may occur before the death itself. As valuable as buy-sell agreements are, they are can be difficult to develop when the partners may not agree on the amount of the death benefit of the life insurance policy or because they don’t agree on what the company is worth and what it could be worth in the future.

In addition, disability policies that the company owns can be written on partners, allowing the company to maintain operation.

The possibility of one of the partner’s wish to retire is another concern. If a whole life policy that has a cash value is in place, the money can help pay off the retiring individual, or at least provide a down payment so that he or she can be bought out on installments.

Key person insurance can cover an owner, partner or even a salesperson. One scenario in which key person insurance would be beneficial would involve a company that has a salesperson who generates a significant amount of business. The lack of revenue that he brings in could greatly impact the company. Key person insurance, generally funded by a life insurance policy,

will make up for the loss of business. There can be tax advantages to these policies and the policies don’t typically need a legal document.

Business overhead expenses insurance should also be considered, especially for a business that’s owned by one or two people.

If one of the owners becomes disabled, the policy will cover all business expenses, other than the person’s salary, for up to two years of recovery time. The amount to be paid out would be based on the company’s tax returns for the previous two years.

Succession plans, with life insurance policies in place, can be important for HBAL members. If the owner of a company dies, the life insurance policy could be paid out to the company or the benefit could go to designated individuals in the company. A legal document, often a provision in the corporation laws, is necessary to facilitate such action.

These issues pertain to builders themselves and to the ancillary companies connected to the building industry, not to huge conglomerates.

Stan Logan, Owner Logan Lavelle Hunt

One of the biggest issues in insurance is theft of copper in a home. A few of us in the industry are trying to bring it more to the forefront of the attention of the police department. They look at it as a $300 or $400 claim, which is what you might get for scrap, but it is a $5,000 - $10,000 claim because of the damage done, time off and the amount of time it takes the insurance company to work on it. It’s a much larger issue than what most people believe and it doesn’t apply only to new construction. The thefts often occur when windows are blocked up to conceal what’s happening inside. We have contacted insurance companies, and I believe the police department is tracking it to determine the number of such thefts. Three or four years ago there was more of an emphasis on scrap yards requiring IDs, but either someone has figured out a way around the restrictions or the scrap yards are getting more lax about it.

Even though times are tough, it’s still a good idea for builders to maintain liability coverage on homes they have already built.

There was a point at which many builders couldn’t afford the coverage and let it lapse.

Now some of them are reinstating it. Once a policy has lapsed, it’s a process to reapply, but it’s an easier process if the agent had the coverage before.

Builders may come to us with claims they may not have turned in before the economic october 2011 17

Legal and Insurance Issues downturn. They ask if we will work with them as if they’re almost apologizing for using their insurance. Sure we’ll work with them. I know what they’re going through. If we didn’t work with the ones that had issues, we wouldn’t have any customers.

People too often assume the insurance companies are out to get them, but I haven’t really seen that. Sometimes there is a situation where the customer or adjustor doesn’t completely understand the problem.

LEGAL ISSUES Bill Bardenwerper, Partner Bardenwerper, Talbott & Roberts Much of my recent work is related to the land development code. I was very involved in it during Mayor Fischer’s campaign. And I wrote his transition report on issues pertaining to the building and development industry.

To write that report I relied not only on my experience, but I also interviewed all the major builders and leaders of HBAL, the Land Development Committee, the Government Affairs Committee, and reviewed the work plans for the division of Planning and Development Services, the Department of Codes and Regulations, the Department of Metro Works, and the key players in real estate.

I also wrote a report on behalf of the building and development community that was supposed to be the blueprint for action. Mayor Fischer decided to broaden the input by appointing a ten person committee, the Planning and Design Services Audit Committee. That committee just completed its work.

The audit committee report sort of focuses on trees whereas the transition report focuses on the forest. They aren’t at all in conflict with the one another, but if the mayor implemented only the audit report he would end up putting out a few minor brush fires and ignoring the raging forest fire.

“Third, the Land Development Code has become too complicated. It reads as if people have been writing it since 2000 and keep adding words and words without ever being edited.”

- Bill Bardenwerper There are three major issues that surface in both reports. The first is leadership. Throughout its history, the Planning and Design Services Department has been an independent 18 louisville builder • hbal.com

agency with no one really exercising any control over it. Historically, low level bureaucrats have done things and have told people what to do with almost no input from the chief executive. Things just kind of happened. It’s the only agency in government that has been acting outside the regular leadership and control of the chief executive. Before the merger it was a city/county agency, so the mayor and county executive were in charge. Since both were in charge, no one was in charge. When Abramson became mayor in 2003 he could have taken charge but he didn’t because he didn’t view it much differently than other city/ country agencies such as Metro Works and Sanitation. My major recommendation was for the mayor to know what’s going on there, to get control of it and to run the show. He needs to be sure that if they’re working on something he knows about it and approves it. There needs to be strong leadership from the top.

My second recommendation was for the Planning and Design staff to get out of the opinion business. When the staff have opinions they play the most significant role of all although there’s nothing in the law that says they have that role to play. The applicants and their representatives, the opponents and the deciders, such as the Planning Commission and local legislative bodies, should have the opinions. For the staff to interject themselves and to try to manipulate the application or decision is inappropriate.

Third, the Land Development Code has become too complicated. It reads as if people have been writing it since 2000 and keep adding words and words without ever being edited.

There are redundancies galore and there are things that don’t make any sense whatsoever.

Ten people could read it ten different ways.

There are constant debates about what it says.

By definition, a code is supposed to be something the average citizen could read and understand. A code cannot be debatable. I’m not suggesting we change the substance, but we should make it simpler and more understandable.

Timothy Martin, Partner Frost Brown Todd Impacting the home building industry is the Secure and Fair Enforcement for Enforcing Mortgage Licensing Act (SAFE Act), a federal law that was adopted in 2008. Under the federal legislation, each of the states was directed to adopt regulations, licensing requirements and registration procedures for mortgage loan originations. KRS286.8-255 is Kentucky’s registration portion.

It requires loan originators to register with

the state and with the Nationwide Mortgaging Licensing System and Registry. The effect of this is that a builder cannot provide financing for someone other than an immediate family member, or for the builder’s primary residence, without having qualified under the state and federal acts.

When dealing with a number of builders I find that they are lax in maintaining good records, particularly with regard to conversations with prospective buyers or to modifications they’re making to their contracts with respect to the home. A lot of the problems that occur are due to the lack of good records and written amendments when modifications were being made.

Stephen Smith, Partner Goldberg Simpson Each fall protection standard depends on the craft that’s involved. But affecting many members of the home building industry is the seemingly increased enforcement of Kentucky OSHA for residential construction. It caught a lot of the residential guys off guard.

They were used to building houses in a certain way while always keeping safety in mind.

But sometimes the sub contractors wouldn’t do everything that was required under regulations. An example would be framers not being tied off properly when walking across roof trusses. In the old days, that’s how it was done. But with more regular inspection and enforcement, all trades need to understand and follow the rules.

Roofers undergo great scrutiny. The roofing industry is fairly unique because most companies don’t have employees that do the roofing, and instead use subcontractors.

OSHA is now saying these are employees and is demanding very high, strict proof to agree otherwise. They utilize some standards of the definition of an employee versus subcontractor that are tough to find in any regulations because normally the head roofer buys the material, the crew installs it and is gone. But if there is a safety violation, OSHA gets everyone’s attention by citing everyone on the job. There was a recent case in which the subcontractor had what appeared to be the correct harnesses but was actually using rock climbing harnesses, not roof harnesses.

OSHA went after the roofer, subcontractor and builder.

OSHA will negotiate a fine very quickly.

They aren’t focused on the money but the label that attaches to the type of violation, such as a serious and willful violation. Repeated violations cause them to take more strenuous

action. At that point they aren’t quick to negotiate. We tell contractors and subs to be careful when negotiating the fine portions. They have to look down the road and not get into trouble by too quickly agreeing to a monetary settlement.

I lecture my clients about doing things the right way up front, having their own safety inspectors and hiring the right people because all of those things help in the process of proving everything possible was done in regard to safety. The OSHA inspectors usually are not wrong in their citations, so you aren’t generally fighting the facts, but the impact of them.

Payment issues are an integral part of the home building industry. We counsel people on how to watch their dollars. We’re seeing more liens by suppliers and subcontractors. I tell my clients to file liens right away because time limits are short and every level of the building pyramid or ladder, between builder, sub and supplier, is fiscally tighter and the risks are high that you might not be paid. The only protection you have are the mechanics of lien laws because if someone in that chain fails and you’re below them you have little recourse to get your money. Never let your lien rights expire. They’re the only protection you have.

Michael Tigue, Partner Middleton Reutlinger MS4 permit regulations being implemented by MSD are a concern in 2011 and will be going forward. I see them getting stricter and stricter. They have introduced an added element in new construction and development in terms of controlling water quality issues whereas before we were mostly concerned with controlling the volume of storm water runoff. You would think in a down economic cycle the government would be moving toward deregulation to give businesses some breathing room, but I don’t see that trend taking place with the MS4 and newer initiatives such as the Health Impact Assessment that’s under review.

The MS4 permit regulations began largely as policy recommendations dealing with storm water, erosion control and water quality issues.

Now they’re becoming regulatory compliance measures. I think it’s only a matter of time before we begin to see that the information gleaned from the Health Impact Assessment review will also be incorporated into housing regulations.

Such regulations are going too far. It’s the government knows best mentality instead of having the free market determine what’s best for the consumer. There’s no question that the

consumer marketplace is gearing itself toward greener housing and communities. Why do we need government to control how that process takes place?

Regulations are an impediment to developers’ ability to build a quality community at a reasonable cost. The consumers eventually suffer because costs are pushed down into the purchase price of a new home. At some point we have to question the cost benefit relationship between the regulations being developed and adopted and their real value to the community.

We also have to find ways to fund infrastructure development in our community instead off the backs of developers. There should be formal procedures for recapturing costs of development, especially the costs of infrastructure development readily available to the development community. Recapture agreements, for example, should be a formal option under the Land Development Code and TIF incentives should be expanded to encompass a broader range of developments. Louisville Metro should also consider deferring city/county taxes on new development to pitch in. Deferring receipt of certain revenues initially can spur increased revenues down the road.

Celebrating 90 years in

Louisville

“MS4 permit regulations being implemented by MSD are a concern in 2011 and will be going forward. I see them getting stricter and stricter.”

- Michael Tigue Agencies must begin to work with communities and banks to solve the problems facing developers instead of focusing on broad based regulations. They’re not paying attention to the fact that we’re experiencing the single worst economic recession/depression in the country’s housing development history. They should focus on ways to create more opportunities for developers to pick themselves up. I don’t think something such as the Health Impact Assessment can be justified at this time, when builders are fighting off bankruptcy or have to walk away from projects that aren’t complete, and counties can’t provide services such as building retention basins, or paving roads in partially complete developments. I get calls on a daily basis from banks and resident communities trying to figure out problems as basic as who’s going to pave the streets.

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Participate in our BIG GIVE AWAYS!

Associate Members that would like to find out more about participating in the BIG GIVE AWAYS at the Home Product Expo need to call Gail Schell at 429-6000. Find out more about the requirements and restrictions in donating a large “Show Prize” that the HBAL will promote in the Home Product Expo’s print ads and web site.

Find out more by visiting www.HomeProductExpo.com 20 louisville builder • hbal.com

Locally produced by:

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october 2011 21

22 louisville builder • hbal.com

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What’s New at the Home, Garden & Remodeling Show?

By Stacy Smith Rogers, Grace Communications, LLC

Each year, the Home, Garden & Remodeling Show, presented by Window World, offers consumers a good reason to emerge from their winter sleep and start planning for those spring (and beyond) home projects.

This year, there are plenty more reasons why vendors and consumers alike should be excited.

HBAL Vice President of Events and Operations Gail Schell is heading up efforts to make this Show a “must-go-and-do” on everyone’s lists. She’s even bringing out the big dogs -- or at least the ones that can catch frisbees -- to add some fun elements to a show that’s serious about promoting the home building, remodeling and landscaping industries to interested consumers. According to Schell, this year’s event will feature smaller stages in addition to the large feature area, where short seminars will feature speakers on specific consumer interest topics, including:

coupons and discounts. Schell said this approach is intended to “pull more people in, while at the same time keep the customer base focused on those that are planning to remodel and make changes to their homes in the next six to 12 months.

aContainer Gardening aFront Yard Makeovers aBig Plans – Small Cost a Spring Cleaning and Organizing aDecorating and Design “We are excited to be making a few changes to the floor plan and this will include trying to incorporate the garden areas in various areas of the Show,” Schell said.

Consumers attending the show can expect to come away with more october 2011 23

What Does the Show Offer to Vendors?

What Does the Show Offer to Consumers?

aExposure

aOne-Stop Shopping

aCredibility

aInspiration

aNew Client Base

aInformation

aMotivation

aIntroductions

Tom Raver, Fireplace Distributors, has participated in the Show for many years. Recently, he commented on his experience with the event. “As a business owner it gives me great exposure and an opportunity to create a sale now and down the road. In addition, it provide us credibility as a company. The three-day event gives us a platform to highlight our company, new products and services that we offer and it brings in a clientele that is willing to buy now and in the future,” he said.

Raver emphasized the importance of what the event communicates to the public. “It’s my hope that the show lets the general public know that our industry is alive and doing well. It’s produced very professionally and it represents our industry very well. And hopefully, this will, in turn, give the consumer the confidence to move forward with their projects,”he added.

For more than 60 years, this annual event showcases every item consumers could dream about when it comes to remodeling and fixing up their homes. Whether it’s windows, cabinets, fencing, hot tubs, lighting, or landscaping, consumers can shop and compare prices of the latest products on the market, all under one roof.

HBAL Executive Vice President Chuck Kavanaugh explained how the Home, Garden and Remodeling Show makes a difference on several levels. “As an industry leader, the association is able to offer the public a venue where a variety of home building related businesses come together in one place. That’s a great benefit to consumers. It’s also a great benefit to vendors. Not only do they have the opportunity to promote their businesses to a wide audience, but they also have a chance to see how their business compares to competitors,” he said.

Kavanaugh further explained how the show satisfies consumers’ needs and wants. “We all have our lists. This show provides a one-stop shopping experience for people who have several lists,” he said. In regard to remodeling, Kavanaugh cited several times of the year when remodeling or home improvement is top-of-mind for most people “... at the beginning of spring when the weather starts to turn, right after Homearama when they’re inspired by the new homes and around the holidays when they wished they would have done some of those renovation projects. The Home, Garden and Remodeling Show comes at a time when people are traditionally enthusiastic about improving their homes and their landscaping. It lays the groundwork for tackling those immediate projects and creating ideas for ones down the road,” Kavanaugh added.

Go Fetch!

Making its debut at the Home, Garden & Remodeling show is the Disc-Connected K9’s World Famous Frisbee Dogs – a professional touring team comprised of some of the best “frisbee dogs” on the planet. The appearance adds a new, fun element to this year’s event and offers attendees of all ages a “doggone” good time! To see them in action before the Show, visit k9frisbee.com.

24 louisville builder • hbal.com

For more information about the Show, visit LouisvilleHomeShow.com.

Want to Participate?

The Home Show’s ability to connect members with consumers extends beyond marketing to creating awareness and getting those consumers motivated. For more information about becoming a vendor, contact Gail Schell or Jessica Embry at 429-6000 or gail@hbal.com or jessica@hbal.com.

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october 2011 25

How Can You Play a Role in the October Affiliate Membership Drive?

Deadline for Applications is Oct. 26th

By Stacy Smith Rogers, Grace Communications, LLC

The affiliate membership drive gets underway in October in an effort to increase membership and strengthen the voice of the association. Members are encouraged to join in on the effort and to consider how having additional representatives from their respective companies could benefit their businesses.

According to HBAL Membership Manger Nicole Bouchard, the affiliate membership drive will run through October 26. Members who turns in the most affiliate applications will win generous gift certificates to Stoney River restaurant.

Bouchard offered several ways that members can get involved in the drive. “I would ask that members check their own companies first to see if any sales people would want to join and receive benefits individually. Sometimes in big offices the email meeting notices and the magazines do not make it around to others who may have been interested,” she said. Bouchard also suggests promoting the opportunity to other colleagues to make sure they and their employees are aware of the benefits of affiliate membership. “We also encourage members to ask realtors, bankers, etc., if they want to join the Sales and Marketing Council, as it is a group that has meeting topics that directly affect them,” she added.

“I would ask that members check their own companies first to see if any sales people would want to join and receive benefits individually.”

- Nicole Bouchard

With the addition of the new affiliate membership program in 2007, employees of member companies have been able to become more connected to the association. The affiliate membership program includes employees of already existing HBAL members and was designed to reach out to employees of current members and enable more industry professionals to reap the rewards of being an HBAL member, both locally and nationally through NAHB. After new members are approved, they will be invited to a new member orientation.

For more information about the affiliate membership drive, contact Nicole Bouchard at 429-6000 or nicole@hbal.com.

About Affiliate Membership Affiliate members strengthen awareness of a business internally through HBAL. In addition, affiliate members benefit professionally and are more informed about the building industry. With the ability to log on to www.nahb.com as a member, affiliates gain access to a broad range of resources that can provide invaluable information online, including market research, marketing and PR tools, up-to26 louisville builder • hbal.com

date information about important topics affecting the industry and a wealth of opportunities to increase their ability to network and promote their businesses. In addition, members also receive discounts on various products and services as a member of NAHB. Dues for affiliate membership are $75.

Download our Affiliate Application by going to: http://www.hbal.com/site/for-members/how-to-join.html HBAL.COM

About SMC Membership Affiliated with NAHB’s Sales and Marketing Council (SMC), the Louisville SMC’s primary goal is to increase the professionalism of new home sales and marketing. Like affiliates, SMC members need to be employed by a member of HBAL. They enjoy the same benefits of HBAL as affiliate members. Annual dues for SMC members are $95.

The SMC’s yearly schedule of programs and social events promote activities for the members and their guests. This allows interaction with other professionals in the industry, which contributes to professional growth. As a member of SMC, members join with other professionals in the home building industry who are involved in residential sales and marketing. Those could include: sales people, marketing directors, real estate firms, financial institution executives, title company employees, sales managers, advertising executives, interior designers, architects, engineers – anyone whose common interest lies in the marketing and merchandising of new home products in the Louisville area.

FACEBOOK

SMC October Meeting Information: Date: Thursday, October 20th

Time: 8:30 a.m. – 12 Noon (8:30 - 9:00: Coffee/Networking, 9:00 - 12 Noon: Seminar) Place: Holiday Inn Hurstbourne Sponsored by: Century Mortgage Company Speaker: Carol Flammer of mRelevance – The Basics of Social Media Marketing or Friend, Fan, Follow or Fail With consumers, Realtors and other influencers flocking to social networks, targeting them as Friends, Fans and Followers to will ensure that you succeed at social networking. From account set up on Twitter and Facebook, to the top Dos and Don’ts for each site, social media expert Carol Flammer, MIRM will show you how to netweave it all together. By creating a social marketing program that centers on your blog, you’ll create an effective presence to interact with customers that has measurable return on investment (ROI).

Cost/Fees: SMC Members $10; Non-Members $25

membernews

Spike Award Winners (From 6 to 1,500!)

Left to Right: P.R. Lancaster (6 credits), John Miranda (1,500 credits), Clete Reinhart (400 credits), Billy Doelker (HBAL President), Buddy Kittle (6 credits), David Lurding (75 credits), Tom Raver (150 credits), Richard Miles (300 credits)

SMC met at the KFC YUM! Center The Sales & Marketing Council met at the KFC YUM! Center on August 23rd and had the privilege to hear from General Manager Ted Nicholson. Mr. Nicholson talked all about the intimate details that went into to constructing the YUM! Center. Attendees were able to get a very detailed tour of the facility, including the rarely seen practice courts. SMC would like to thank Century Mortgage for sponsoring this event. The next Sales & Marketing Council meeting will be held on October 20th with national speaker Carol Flammar as our guest speaker. Contact Gail or Jessica at HBAL to make your reservation for this event. sponsored by:

November General Membership Meeting Mark your calendar now for November 7th and plan to attend the General Membership meeting from 5:00 – 8:00 pm at The Olmsted. Last year’s event was such a success we have decided to keep the cocktail party setting, which provides a casual opportunity for networking between members, catching up with friends, and generating leads! To add to the fun, we will award prizes for member recruitment, recognize Spike accomplishments, and conduct a short business meeting. We promise additional seating areas this year, as well as some high-top tables to make munching and mingling easier for everyone! Make your reservations for this event today by calling Robin Durham at 429-6000. Thanks to our sponsors: Metlife, Logan Lavelle, Bonnycastle Appliance & TV, Century Mortgage & L&N Federal Credit Union.

See you on November 7th!

Members named America’s Largest Remodelers Four member of the HBAL were named one of the largest full service remodelers in the counry according to Remodeling Magazine.

Ben Tyler Building and Remodeling #152 Wissing Contracting Co. #154 Elite Homes #184 Insuramax Contractors #286 For more information visit: www.remodeling.hw.net

Southern Kitchens moving to the East End Currently located across from Manual High School since 1996, Southern Kitchens, Ltd. Co. will be moving it’s showroom in October to the East End. The new location will be located at 11850 Shelbyville Road Suite 111 in Middletown next door to Ben Franklin Crafts in the Village Square Shopping Center.

To submit your news email Tara Brinkmoeller at Tara@hbal.com.

october 2011 27

newmembers

Mountjoy Chilton Medley, LLP Jim Oiler Type of Business: CPA Firm Sponsor: John Miranda

ServPro of E. Louisville/St. Matthews/ Hurstbourne Dean Hill Type of Business: Fire, Smoke, Water Restoration, Mold Sponsor: Bob Thieneman, Jr.

Gilezan Realty Stephanie Gilezan Type of Business: Real Estate Sponsor: Dale Hellmann

Justo Gonzalez Painting Justo Gonzalez Type of Business: Painting Sponsor: Dave Mikels

Blackhawk Fencing Kevin McIntosh Type of Business: Fences Sponsor: John Thomas

Gant Hill & Associates, LLC Gant Hill Type of Business: Commercial Broker Sponsor: Dan Pellissier

Fire Alarm Security Technologies, LLC Herschal Lewallen Type of Business: Fire & Security Alarms Sponsor: Derek Smothers

Caire Heating & Cooling, LLC Kevin Clapp Type of Business: Heating & Air Conditioning Sponsor: Stan Logan, Jr.

Associates Approved 8/11

South Central Bancshares Mortgage Buddy Kittle Type of Business: Mortgage Banking Sponsor: Rob Eberenz, Jr. Angie’s Homes Angela Minyard Type of Business: Property Management Sponsor: Steve Church Painting the Town Robin Risk Type of Business: Painting Sponsor: Chris Cundiff

Affiliate Approved 8/11 Kenny Crellin Bluegrass Line Pumping, LLC Sponsor: Barry Gearlds

memberspending The following have applied for Registered Builder/Remodelor membership or Associate Builder/Remodeler membership. Members with pertinent information about applicant’s suitability to become a registered member of the Association, particularly credit information, are requested to contact the Registered Builder Committee, c/o the HBAL office at 1000 N. Hurstbourne Parkway, Louisville, KY 40223, by mail or you can fax information to Margie at the HBAL office at 429-6036.

Pending Registered Builder:

Pending Associate Builder/Remodeler:

Doug Meredith D R Meredith Builder LLC 15107 Meadow Farms Court Louisville, KY 40245 640-9560

Michael Russell Matrix Development LLC P. O. Box 1222 Prospect, KY 40059 228-1225

Sponsors: Brian Arnold

Bob Marrett

Sponsors: Rob Eberenz, Jr.

Bill Wilkinson

For an up to date Spike Club list please visit www.hbal.com/site/for-members/spike-list.html HBAL.COM

FACEBOOK

ENTERPRISES

Bobcat Equipment, Toro Dingo Equipment Cronkhite Trailers

502-245-1911 1-800-4BOBCAT bobcat-ent.com

RENTAL • SALES • SERVICE • PARTS

28 louisville builder • hbal.com

honorroll

As of October 1, 2011

Builders: Blacketer Company

Deville Homes

Clifford Thieneman Co., LLC

Dominion Homes

Associates:

Cunningham Door & Window

Pro-Build

Allied Aluminum

Fifth Third Bank

R.J. Thieneman Realty Group

Bardenwerper, Talbott & Roberts

K-I Lumber & Building Materials

Bonnycastle Appliance & TV

Logan Lavelle Hunt Insurance

Century Mortgage

McDonald Marble & Stone Inc.

Corrigan Electric and Home Systems

Paragon Management Group

A&G Drywall, Inc

The Door Store and Windows

America’s Floor Source

Frost Brown Todd, LLC

Boland Maloney Lumber

L & N Federal Credit Union

Boral Bricks

Louis E. Hobbs Construction Co. Inc.

Chenoweth Appliances

MetLife Home Loans

Republic Bank

Sam Kinnaird’s Flooring Screens of Kentucky Sonne Steel

Surburban Steel

The Trend Companies of Kentucky Wells Fargo Home Mortgage VanZandt, Emrich, & Cary

A special thanks to all Honor Roll Members!

For more information on how you can be listed on the HBAL Honor Roll, please call Melissa or Kimberly at 429-6000.

membermilestone Congratulations to these Milestone Members: These members have reached a milestone mark in their membership with their renewal in August.

5 Years Forcht Bank – Buddy Kittle Level Best Masonry – William Smith Bill Davis Enterprise, LLC – Bill Davis K & M Construction, LLC – Ivan Myers Trimwrights Restoration and Reconstruction Inc. – Kenneth Coher

20 Years Southern Kitchens Ltd. – John Anderson 15 Years Jeff Gaddie Construction – Jeff Gaddie 10 Years Roofing Solutions, Inc. – Jim McGraw Mike Hatcher Landscaping Inc. – Mike Hatcher

1 Year Ahead Human Resources & Payroll – Troy Stufflebean Alltrade Service Solutions – Josh Lindley

Custom Mail Boxes • Street Signs Cluster Box Units • Condos • Multi-Units

DON DUGGINS | GREG DUGGINS 1116 Ulrich Avenue Louisville, KY 40219

LLC

502-966-5774 FAX 502-966-5462 email: sales@dugginsco.com www.dugginsco.com

october 2011 29

calendarofevents

October 3

HIPAC Night 5:30 p.m., Locust Creek Clubhouse

4

Shelby Co. Council Meeting 11:30 a.m., Claudia Sanders Dinner House

5

Land Development Meeting 10:00 a.m., HBAL

5

Building Industry Charitable Foundation Committee Meeting 1:00 p.m., HBAL

13

Codes & Standards 11:00 a.m., HBAL

19

Registered Builder Committee Meeting 10:00 a.m., HBAL

20

SMC Meeting “The Basics of Social Media Marketing” 8:30 a.m., Holiday Inn Hurstbourne

20-21

HBAK Board Meeting Lexington, KY

advertiserindex Back Alley Ornamental Iron......................... 29

Bobcat Enterprises........................................ 28

Boland Maloney........................................... ibc

Bonnycastle Appliance & TV.........................obc

BTM Engineering, Inc................................. 10

Daeunhauer Plumbing.................................. 22

Duggins Co., Inc........................................... 29

Executive Committee 1:00 p.m. , HBAL

DWB Restoration II, Inc............................... 28

26

Board of Directors 3:00 p.m., HBAL

Executive Title Company.............................. 15

27

Commercial Council Quarterly Meeting 8:30 a.m., HBAL

26

November 1

Agency Leader Breakfast with Jim Mims 8:30 a.m., HBAL

2

Land Development Meeting 10:00 a.m., HBAL

2

Building Industry Charitable Foundation Committee Meeting 1:00 p.m., HBAL

7

General Membership Meeting 5:30 p.m., The Olmsted

9

Registered Builder Committee Meeting 10:00 a.m., HBAL

10

Oldham County Council 11:30 a.m. , John W. Black Community Center

16

Executive Committee 1:00 p.m., HBAL

16

Board of Directors 3:00 p.m., HBAL

24

Thanksgiving Day – HBAL Office Closed

25

HBAL Office Closed

30 louisville builder • hbal.com

Frost Brown Todd LLC................................ 20

Fireplace Distributors, Inc............................. 21

K-I Lumber & Building Materials................ifc

Lewis Door Company..................................... 4

Logan Lavelle................................................. 4

Middleton Reutlinger................................... 25

Progreso Painters, Inc...................................... 4

PPG Porter Paints........................................ 13

Rajay Distribution....................................... 21

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consider the benefits of choosing Marvin Windows and Doors for your home improvement project: • EnErgy EfficiEncy, durability and low maintenance • SizES, STylES AnD opTionS to suit every home and budget • ExpErT ADvicE and professional installation october 2011 31