BUILDING in Maryland and Washington DC

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

MAY/JUNE 2009

BUILDING IN MARYLAND AND WASHINGTON, DC

BACK TO BASICS: Making Jobsites Safe and Secure ALSO IN THIS ISSUE: • Today’s Kitchens and Baths • A Day at the Races

« IWIF warned us about

heavy lifting. That’s when we told them about the 4,800-ton lighthouse. » — Jerry Matyiko President, Expert House Movers

CLIENT: Expert House Movers CHALLENGE: Moving heavy structures safely SOLUTION: Minimize hazards before

moving an inch

While most

Since 1978, Expert House Movers has worked with IWIF to

movers transport

provide safe work practices, both for employees and contractors.

a home’s

As a result, the company has not filed a claim in more than

furnishings,

seven years. “Needless to say, moving lighthouses has its

Expert House Movers of Salisbury, Maryland actually moves

challenges,” said Jerry Matyiko, President. “Thanks in part to

houses. Sometimes, they’re even asked to perform much larger

IWIF, working hazards is not one of them.” A focus on safety

feats. Four times they have moved lighthouses to new locations,

is one reason why Expert House Movers and more than a third

the most notable being the Cape Hatteras Lighthouse in

of Maryland businesses rely on IWIF for workers’ compensation

North Carolina. Not surprisingly, their business can’t move

coverage. To learn more, contact your agent, call 800.264.IWIF

forward without solid workers’ compensation insurance.

or visit us at iwif.com.

New fangled stuff.

Old-fashioned service.

Vintage provides innovative technologies to make homes safe and enhance lifestyles. Call us for security systems, home theatre, whole house music systems, home automation, and structured wiring.

Contact Rick Brokaw or Bob Hartwick 1-877-767-1800 Offices in Jessup, MD and Chantilly, VA

“When you have $5 million in inventory in one city block, you’re very particular about the materials you use.”

– Mike Anderson, Project Manager, Miller and Smith

“There were many reasons we chose to

statement we wanted to make here.

brick is what buyers want and what

use brick at Belmont Bay. I’ll start with

Reminiscent of New York brownstones.

they expect to see. We never considered

design flexibility. We originally thought

Urban and urbane — from the eleva-

using anything else.”

of using pre-cast for the accent portion

tions to the genuine clay pavers in the

on the fronts but brick had a much bet-

sidewalk. But at the end of the day,

Contact one of the local brick distributors in

ter look, more subtle color, and actually

here’s the most important reason. When

your area listed below to learn more about

cost less. Then there’s the architectural

you’re building 44 homes like these,

improving your bottom line with brick.

Baltimore/Washington Brick Distributor Council CAPITAL BRICK, INC.

FREDERICK BRICK WORKS, INC.

8315 Old Marlboro Pike Upper Marlboro, MD 20772 301.420.8484 www.capitalbrickdc.com

GLEN-GERY BRICK CENTER

L & L SUPPLY CORPORATION

1731 Monocacy Blvd.

Frederick, MD 21701 301.662.1153 www.frederickbrickworks.com

9905 Godwin Drive Manassas,VA 20110 703.368.3178 www.glengerybrick.com

FREDERICK BLOCK, BRICK & STONE

GENERAL SHALE BRICK

1040 Martinsburg Pike Winchester,VA 22603 540.667.1261 www.frederickblock.com

L.C. SMITH, INC.

Creighton Annex 1404 Front Avenue Lutherville, MD 21093 410.825.7800 www.llbrick.com

34 Thomas Avenue Baltimore, MD 21225 410.789.2708 www.generalshale.com

5920 Farrington Ave Alexandria,VA 22304 703.751.5420 www.lcsmithbrickinc.com

POTOMAC VALLEY BRICK AND SUPPLY COMPANY

15810 Indianola Drive, Suite #100 Rockville, MD 20855 301.309.9600 www.pvbrick.com

Clay Brick – The Most Sustainable Green Building Material Made.

Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, MD 20903 Phone (301) 445-5400 Fax (301) 445-5499 E-mail: communications@mncbia.org Website: www.mncbia.org Executive Committee THOMAS M. FARASY President JAMES KETTLER Vice President/ Calvert Co. DOUG MEEKER Vice President/ Charles Co. FRANK BOSSONG, IV, P.E. Vice President/ Montgomery Co. MARTY MITCHELL Vice President/ Prince George’s Co. EDWARD “GUY” CURLEY Vice President/ St. Mary’s Co.

BUILDING

IN MARYLAND AND WASHINGTON, DC Representing Calvert, Charles, Montgomery, Prince George’s and St Mary’s counties in Maryland and Washington, DC

BRIAN “A.J.” JACKSON Vice President/ Washington DC ROBERT A. JACOBS Associate Vice President BOB LARKIN Treasurer CHAS STUART JR. Secretary WILLIAM M. SHIPP Life Director RICHARD A. SULLIVAN JR. Immediate Past President STEPHEN P. ELMENDORF Legal Counsel DIANE K. SWENSON, CAE Executive Vice President

FEATURES

Board of Directors Bill Bilo Hillary Colt Cahan Mike Conley Tony Crane Timothy Dugan Robert Harris Howard Katz Gary Kret Andrea Leahy-Fucheck David Lunden Steve Nardella David O’Bryan Stephen Paul

Nanci Porten Steve Proctor Marc Rose Andy Rosenthal Gary Rubino Ted Smart Ray Sobrino Stephen Spano Clark Wagner Peggy White Bryan Whittington Carter Willson

11

MNCBIA Staff

Published by:

Naylor, LLC 5950 N.W. 1st Place Gainesville, FL 32607 800 369-6220 352 332-1252 Fax: 352 332-3331 Website: www.naylor.com

Publisher: Christopher Hodges Editor: Catherine Jones Project Manager: Jason Dolder Publication Director: Jason Ruppert Advertising Sales: Denise Creegan, Marcus Weston Marketing: Heather Zimmerman Layout and Design: Bill Kitson Advertising Art: Aaron Harper

PUBLISHED APRIL 2009/MNC-S0309/8253

08

Back To Basics A Short Course in Making Jobsites Clean, Safe, and Secure

11

Today’s Kitchens and Baths Quality is the Economical Choice

13

Celebrity Chefs What a Spread!

14

A Day at the Races Thanks to Our Sponsors!

14

Home Builders Care Foundation Honored

DEPARTMENTS

Executive Vice President - Diane K. Swenson, CAE Communications Manager - Kelly H. Grudziecki Financial Services Manager - Linda Groft Director of Government Affairs - F. Hamer Campbell, Jr. Associate Director/Legislative Affairs Raquel Montenegro Associate Director/Regulatory Affairs Annette T. Rosenblum Membership Coordinator - Debi Turpin Member Services Coordinator - Samantha Ager Program Manager - Builders Development Guaranty Group Debi Turpin Program Manager - Home Builders Care Foundation Patricia B. Kane

Published for: Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, Maryland 20903 301 445-5400 Fax: 301 445-5499 E-mail: building@mncbia.org Website: www.mncbia.org

MAY/JUNE 2009

13

07

A Message from the President of MNCBIA

15

The Legal Pad

16

The Engineer’s Angle

18

MNCBIA Membership News Members in the News New Members What Has MNCBIA Done for You Lately?

BIA’s “Most Wanted” List Stars Club

20

Calendar of Events

22

Advertiser.com

22

Index of Advertisers

Cover photo: www.dreamstime.com

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385183_Provident.indd 1

6/5/08 5:37:53 PM

FROM THE PRESIDENT

The Future May Still Be A Blur But We Haven’t Lost Our Focus

G

Thomas M. Farasy

reetings to all! I am writing this column in the waning days of winter and as the legislative session draws to a close. Those 90 days, when the General Assembly is in session, are always a busy time for our State Legislative Committee, whose members have been hard at work sifting through 170 bills that could have an impact on our industry. In addition, our many other committees, councils and our leadership started the first quarter of the year off strong, focusing on our core activities.

Advocacy – We are in the final stages in Prince George’s and Montgomery Counties and the State of Maryland in obtaining legislation to suspend the plan expiration dates for various periods through December 2013. Efforts for comparable legislation are underway in Calvert, Charles and St. Mary’s Counties.

In addition, we are working on deferral of fees, surcharges and impact charges and more energy will be focused on this platform. It is fair to say at this point the traction amongst the various political branches is spotty; nonetheless, we are doing the right thing for our counties, the homeowners, and our lenders and capital sources, who invest through us in the communities we build.

Bonding and bond reduction programs are another matter. Our bonding sources are diminishing and it is important for our business practice to have reliable, established and predictable reduction programs to maintain this important source of project financing.

As a result of the acceptance of a challenge by the Lt. Governor at our January 2009 General Membership meeting, we met recently with his Chief of Staff and have laid the groundwork for having his office engaged in matters that will benefit our State and the Counties in which we operate. I look forward to reporting on our progress as the year unfolds.

As the recession bears down, we are asking the counties, their departments and agencies to focus

on the recovery and position themselves for that recovery. Our goals are to improve processes, focus on policies and regulations that support those policies, improve/maintain investment attractiveness for building and development and other economic activity in their County or City, and develop synchronized strategies with the stimulus packages for energy reduction and conservation, just to mention a few.

We want to participate in forums representing many different groups with diverse views, objectives and goals; the opportunity here is for open dialogue, common ground and purpose with improvement and enhanced respect for the community, our counties, cities and state.

I invite you to put forth your ideas. No idea should be silenced or locked in your head; please share it.

Membership – We are a dues-reliant Association.

It is important for all of our Members to actively recruit. We will be reaching out more directly to each of you in the coming months as 2009 marches on. The Membership Committee has been working with great enthusiasm and drive; the results of their efforts and continued success have to include you and an expanded participation base.

Networking – Attendance at our Committees and Councils is up and ALL are invited to participate.

Fresh faces and new ideas are always appreciated.

The more involved you are, the more you will receive from your membership. Put yourself in play to develop opportunities as a result of being an engaged member of the Building Industry Association.

Education – We have great plans for the coming months and the education calendar is filled with a wide range of subject matters. We have unlimited attendance potential and I encourage ALL to participate. Attending seminars and education programs is also a great way to network! And it provides you with an opportunity to think outside the box and re-focus your strategic processes on what is important for you and your company.

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BACK TO BASICS A Short Course in Making

D

uring a housing boom, homebuilders that fail to manage jobsites efficiently, safely and securely can damage the profitability of their companies. Such failures during an economic decline can destroy homebuilding companies.

So it makes sense every now and then to take some time to “clean house” and review the basics of jobsite management: how to keep sites clean, secure and safe. And why it’s important.

Keep It Clean “I can tell a lot about the quality of a builder simply by walking around the jobsite,” says Joe Smith, executive vice president with Silver Spring-based Georgetown Insurance Service, Inc., a broker that specializes in insurance packages for construction and other industries.

“Sloppy housekeeping, for instance, suggests that a builder might be sloppy about other things — like safety and quality.”

Josh Rosenthal, director of marketing with Rosenthal Homes in Rockville agrees.

“Cleanliness at the job site goes hand-in-hand with using resources efficiently and building quality homes,” he says. “This is basic blocking and tackling that builders sometimes get away from during building booms. Today, when business is slow, we have an opportunity to rebuild good habits. A clean, organized jobsite helps to prevent damage to stored materials, holds down costs and reduces waste. It is also a way to differentiate your company from other contractors. A clean, safe, efficient site marks you as a professional company.”

Keep It Secure Housing developments can attract stealthy visitors that can get hurt if they get into an unfinished site. Homeowners curious about progress on their homes might visit after hours and have an accident. Curiosity may have “killed the cat” but builders who haven’t taken steps to prevent such accidental injuries are risking lawsuits.

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Another reason to secure developments is to protect against thieves and arsonists. The National Association of Home Builders estimates that construction theft costs the building industry $4 billion annually and increases the cost of the average home by 1.5 percent.

Basic security gear for a homebuilding development includes fencing, lighting, plenty of “no trespassing” and “danger” signs, and audible alarms such as sirens.

“We fence everything generally, to send a message that this is a restricted area,” says John Fahey, senior vice president of construction with EYA, Inc. of Bethesda. “Once we frame a building and put in the doors, windows and appliances, we’ll hire a security guard to lock the doors and windows and look after things at night.”

Not all homebuilding sites need security guards, but most of EYA’s projects involve infill locations inside the Washington Beltway.

Densely populated areas can require security.

More advanced security technology can prove useful too. For example, sensors can turn on lights when someone enters a jobsite after hours. Cameras can keep watch at a much lower cost than a security guard.

There are new video surveillance technologies that may be worth looking into. Cameras today can operate wirelessly, eliminating the need for long cable runs over the job site.

In addition, camera systems can be equipped with video analytics technology: a chip that has been programmed to analyze the video and send an alarm when it detects something suspicious.

Don’t mistake video analytics for old motion detection technologies that didn’t work very well. This new technology analyzes video frames pixel by pixel and knows that a certain number of pixels forming a certain shape and moving in a certain pattern is a person walking, or climbing a fence or running. Video analytics can also see vehicles driving up to a site and people getting out.

BUILDING IN MARYLAND AND WASHINGTON, DC

A couple of cameras equipped with video analytics set high above a site might do the job of a patrolling security guard, spot trouble and send an alarm to the office or to a monitoring firm’s staff member who will take a look and decide if an incident should be investigated further.

Keep It Safe Managed properly, a safety program will tie clean sites, secure sites and quality construction together.

“Safety is all about doing it right the first time,” says Larry Freiert, Winchester Homes’ Director of Safety & Risk Management.

To illustrate, Freiert tells a story about an electrician installing a garage door opener. “A trim carpenter left some lumber in the garage in the same place that the electrician wanted to put his ladder,” he says. “Instead of cleaning up the lumber or telling the carpenter to clean it up, he [the electrician] put the ladder on top of the lumber. He climbed up and the ladder shifted, and he fell and twisted his knee. He had a worker’s compensation claim and ended up permanently injured. Clean sites are safe sites.”

Secure sites are safe sites as well. Suppose a thief broke into a site, took what he wanted and damaged a scaffold, stairway or other part of the structure in the process. No one coming to work the next day would know that the site is now hazardous.

Whether it is a clean jobsite, jobsite security or doing the work itself, Freiert says, the point of safety is doing it right the first time.

“I remember a builder that set the floors in a house on the wrong hangers,” Freiert says.

“The building inspector told the builder to retrofit. A worker went up to dislodge a hanger.

While he was banging away, he cut his elbow on a nearby joist, required stitches and filed a large worker’s compensation claim.

“Failing to do a job right the first time creates something called an upset condition.

Jobsites Clean, Secure and Safe

By Michael Fickes Studies show that you are 15 to 25 times more likely to get hurt while working in an upset condition.”

Rain and snow create upset conditions, continues Freiert. Using the wrong tool creates an upset condition. Anything that deviates from normal can create an upset condition and the possibility of an accident.

Homebuilders estimates that

From The First

construction theft costs the

Freiert has set up Winchester’s safety program so that it begins before work starts on a project. “The first step is when we hire our subs,” he says. “We include safety in our prequalification discussions. We look at their OSHA compliance history. We want to know if they have an established safety program. Do they have safety-training programs? Do they have a substance abuse policy? We cover safety issues as well as work quality.”

What if a sub will add substantially to the quality of the project but has no safety program? “We’ll have to decide if what that sub does is so valuable to the job that we would be willing to bring the company up to speed on safety or to say good-bye now,” Freiert says.

After the subs are on board but before the work starts, Freiert attends the preconstruction meeting and goes over the safety program as well as penalties for safety violations. Winchester has a fine schedule and a policy that will shut down a trade for the day for repeated violations.

Freiert also notes the importance of being willing to terminate relationships with subs that continually put people at risk on the job.

“Once you get a reputation for doing these things, contractors will understand that you are serious about safety,” he says.

Before shutting down a job or taking other extreme action, Freiert spends a lot of time jawboning subs in regular safety talks. “You can’t just beat people over the head with rules,” he says. “It doesn’t sink in. It’s better

The National Association of

building industry $4 billion annually.

to remind them that they can’t support their families if they’re in the hospital or dead.

“You have to make an impression. Sometimes that means scaring people. Another technique is to ask in a meeting for a show of hands from those who have fallen off a ladder or scaffolding. Usually, one or two people will raise their hands. Then you can ask what happened.

I remember one man said that he was out of work for months and even now, years later, couldn’t raise his arm above his shoulder.”

Clean jobsites reduce costs by keeping track of materials and having them available when you need them. Secure jobsites reduce costs by preventing theft, vandalism and worse. Finally, safe jobsites reduce costs by driving down medical expenses and insurance premiums. Together, clean, secure and safe sites form the basics that support profitable homebuilding firms.

Another Side To Clean: RECYCLING The growing emphasis on green and sustainable construction has added another aspect to the task of maintaining a clean jobsite: managing and recycling construction and demolition waste. What types of home construction materials can be recycled? To name a few, scrap wood, drywall, cardboard, metals, Vinyl and asphalt shingles. Some materials can be recycled into the same product for re-use. Others can be reconditioned into other usable products.

And for those waste materials that are still usable, many can be donated to non-profit organizations.

“We recently integrated recycling into our building practices,” says John Fahey, senior vice president of construction with EYA, Inc. of Bethesda. “What we do often depends on the job.”

On one project, continues Fahey, EYA separated the drywall, wood, trash and plastic from the dirt and the concrete. The dirt went to a landfill. The concrete was recycled into aggregate. The waste hauler employed on the project then separated the drywall, wood and plastic from the trash and sold the commodities to recyclers.

The recyclers grind up the particleboard and sell the material back to particleboard manufacturers. The wood might be ground into chips and used in mulch mixtures. The plastic can be melted down and used to manufacture new plastic products.

Efforts to reduce, reuse, and recycle construction waste can save money, reduce liability, keep job sites cleaner and safer, and conserve valuable landfill space.

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WELCOME TO OUR OFFICE

Every day the people of Pepco report to work around the clock in all kinds of weather to provide our community safe, reliable electricity.

We‘re installing new transmission and distribution lines, building substations to meet our area’s growing demand for electricity, and investing in new technologies to reduce the length of outages and keep power flowing to homes and businesses throughout our area.

Regardless of the weather, we want our business customers to have the power they need to drive the Washington area’s economy.

We’re connected to you by more than power lines.®

Photo courtesy of Banks Development Co.

Today’s Kitchens and Baths

QUALITYis the Economical Choice

By Mary Lou Jay

Homeowners may cut back on features previously considered standard.

T

he faltering economy has already started to change customers’ approach to kitchens and baths. “We have seen more thought and research go into homeowner decisions; however, that has not always translated into using or purchasing lower cost items,” says Michael Banks of Banks Development Co. “Certainly, we and our customers are shopping for deals more aggressively.

We have had customers willing to buy a returned appliance for half price or buy a floor sample for a discount.”

In the kitchens, buyers still want fine details and old-fashioned craftsmanship such as mortise and tenon joints, Banks says. But there are differences. “I think we will see a move toward smaller kitchens with high quality solid materials and appliances. By having fewer cabinets, you can spend more on quality,” he says. He suggests that customers opt for a walk-in pantry off the kitchen. “This allows for a large amount of storage without the cost of additional cabinets. It also allows for higher quality cabinets within a customer’s budget and a cleaner design.”

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WE LOOK BEFORE YOU LEAP

Homebuyers are asking for upper cabinets to the ceiling and tiling up to the ceiling rather than just above the windowsill. Kitchen moldings are smaller and have a simpler profile than moldings on the rest of the first floor, Banks adds.

But a built-in desk in the kitchen is a design feature of the past. “It seems like a neat idea – but it doesn’t work. It brings too much clutter to a very public space. We will see less of this in new homes. All that is needed is to cut out some counter space for your laptop,” Banks says.

Money goes to master baths In the bathroom areas, “we have seen a cutback in secondary bath spending,” Banks says.

“Rather than doing custom vanities in all the baths, customers have been more willing to go with stock cabinetry in secondary baths.”

In the master bath, customers will focus first on a furniture piece or custom vanity. “If it is designed well, and it creates a certain feel or look, they are going to be happy,” he says.

Homeowners may cut back on features previously considered standard. “Air baths and whirlpools sound great, but they are not required for a luxurious master bath,” Banks says. “Often, these type items are never actually used. To save on costs, install a simple, elegant bath tub and spend more on custom millwork and a beautiful bath fixture.”

Banks doesn’t see a decrease in bathroom size, however. “The next house we build on spec civil engineering I landscape architecture I planning will have bigger baths and closets and smaller bedrooms. Baths will be designed to allow for fursurveying I environmental I geothermal niture such as oversized chairs and side tables.

The master bath will be a room that you can truly hang out in, almost like a den,” he says.

Annapolis 410.224.7590 Rockville 301.519.8999 With all the turmoil in the outside world, cuswww.bowmanconsulting.com tomers today are attracted to calm and clean colors of whites, grey-blues and grey-greens in both kitchens and baths. “But I wouldn’t be surprised if we start seeing more funky, fun and colorful kitchens,” Banks adds. “Also, I think 407247_Bowman.indd 1 11/13/08 11:44:41 PM we will begin seeing more natural warm woods and less of the Christopher Peacock, white on white kitchens.”

Since homebuyers today are very interested in going green, builders should help them make good choices. “Remind them that picking quality products that will last a lifetime is a form of being green. Choosing cheap materials will result in having to replace them, ultimately causing more waste, more materials and more production,” Banks adds. “It’s worth spending a little extra to have something that is built of solid materials with proper craftsmanship.”

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Celebrity Chefs

P

erhaps it was the Maryland Terps beating the California Bears in the first round of the NCAA tournament, or maybe the array of tantalizing food spread out across the ballroom of Martin’s Crosswinds in Greenbelt, MD, that put everyone in a good mood. Whatever the cause, the room was filled with warm handshakes and laughter by the more than 200 attendees that turned out for this year’s Celebrity Chefs.

Commenting on the event, MNCBIA President Tom Farasy said, “I’m really pleased with the turnout and the great festive atmosphere. I’ve met a lot of new members and that’s what BIA is all about.”

MNCBIA has been holding Celebrity Chefs for more than a decade, with many of the same builder chefs returning year after year. Some of the builder companies serving up dishes for the evening included, Rosenthal Homes with its potato skin bar, Elm Street Development and its spicy chicken wings (and extra napkins), Kettler Brothers Homes with its always popular sushi, and Pleasants Development, Inc. serving up its best-seller, shrimp cocktail. In between topping shrimp-filled martini glasses with cocktail sauce, Pleasant’s Lisa Smith took a break to comment on the evening. “It’s wonderful to get together and to share ideas with fellow members. You just feel good!” Porten Homes and the Bozzuto Group both went with a meatball course, Porten making up mini meatball subs and Bozzuto serving tortellini meatball soup. “I’ve been rolling meatballs all day,” said Bozzuto’s Clark Wagner. At the K. Hovnanian table you could snack on sausages

What a Spread! while competing in its March Madness Shootout.

And to balance out all the meat with your daily supply of fiber, Miller & Smith offered up a veggie tray. For the dessert course, there was Artery Homes with a collection of confections and Terra Verde Communities scooping ice cream sundaes with all the toppings.

The builder chefs weren’t the only attentiongetters of the evening. Associate tabletops drew numerous members with great products and tasty treats. Some of the companies displaying their products and services were Geo-Technology Associates, Inc., supplying steak sandwiches over environmental consultations; Metropolitan Fire Protection, educating people on fire sprinkler design while daring oyster lovers to try their oyster shooters; Leahy & Desmet, offering legal advice along with homemade ziti with asparagus, mozzarella, and prosciutto; and long-time exhibitor and chef Loiederman Soltez Associates, Inc. (LSA), dishing up steaming bowls of chili while dishing about land development engineering. “We’ve been doing Celebrity Chefs for eight years and every year it gets better. It’s our favorite event!” said LSA’s Eden Denevan. Associate members didn’t skimp on desserts either. McMillan Metro P.C. offered a table full of home-baked goodies, Ice Edge Business Solutions lured people to its table with cupcakes almost too pretty to eat from “Cake Love” bakery, and rivers of milk and dark chocolate flowed from fountains at both Maier & Warner’s and Greenhorne & O’Mara’s tables.

Celebrity Chefs is one of MNCBIA’s most popular events and takes months of planning and preparation. Many thanks are owed to the Celebrity Chefs Committee, made up of Co-Chairs, Karen Radisch, 1st Mariner Mortgage, and Hillary Colt Cahan, Konterra, plus Michael Bell, the bell company, Charlene Parker, christopher consultants, ltd., and Heidi Dale Synowiec, 1st Mariner Mortgage.

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HBCF’s “A DayThanks at the Races” to Our Sponsors H

ome Builders Care Foundation (HBCF) is grateful to the following sponsors of A Day at the Races. Your support helped make our annual fundraising event a success. Funds raised through the event will help HBCF leverage the in-kind help and assistance we are able to provide to community service organizations with shelter-related needs. Thank you!

WINNERS CIRCLE SPONSORS

VALET PARKING SPONSORS

Linowes & Blocher LLP MNCBIA Newland Communities

Beers & Cutler, PLLC Lessans, Praley & McCormick P.A. Mid-South Building Supply Monument Construction TD Bank

RACE SPONSORS Best Siding Corp.

King & Spaulding LLP Newport Partners The Pettit Companies Provident Bank

BEVERAGE SPONSORS Acacia Federal Savings Bank Christopher Consultants, Ltd. J Street Companies Macris Hendricks & Glascock, PA Shulman Rogers Gandal Pordy & Ecker PA Washington Gas

GIFT BAG/EVENT DONORS Home Builders Care Foundation Fannie Mae Peacemaker Floors Provident Bank TD Bank Ward & Klein Chartered Washington Gas Wells Fargo Home Mortgage

Home Builders Care Foundation Honored

O

n March 5, 2009, the Home Builders Care Foundation (HBCF) was honored with Montgomery County’s Distinguished Partner Award – presented to an individual or organization that has provided extraordinary support in the effort to end homelessness in our community.

In a decade of partnership with the Montgomery County Coalition for the Homeless (MCCH), HBCF donated more than $1 million in goods and services to improve MCCH’s ability to serve people experiencing homelessness.

Two key projects of the partnership include the original construction of the Men’s Emergency Shelter in 2000 and the 2007 renovation of the Dale Drive Apartments for formerly homeless individuals. A new addition to the Men’s Shelter was completed in February 2009 and was dedicated by County Officials on April 2 with a new name: “Home Builders Care Assessment Center.”

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BUILDING IN MARYLAND AND WASHINGTON, DC

The Legal Pad

Collecting Deferred Water and Sewer Charges in the Face of Foreclosure

By David T. Wagner, McMillan Metro, PC

I

and must (i) have clearly established priority for the total amount of n the current economy, property owners are finding it difficult to make the Charges and (ii) permit acceleration of all future installments of the ends meet and the obligation to pay the deferred water and sewer Charges upon delinquency. Second, the Statement of Lien must include charges to the private utility company is often ignored. Depending on language to support the proposition that it is intended to affirm the lien the collection provisions set forth in the declaration that established the established by the Declaration (not lien for the charges, the utility comcreate a new lien) and its effective pany may be entitled to accelerate date relates back to the date of the due date for all future charges recording of the Declaration. (accelerated amount) and enforce To date, no Maryland Court has been To date, no Maryland Court non-payment by filing a Statement has been asked to rule upon the of Lien for the Accelerated Amount asked to rule upon the proposition that the proposition that the Statement of pursuant to the Contract Lien Act Statement of Lien relates back to the date of Lien relates back to the date of and/or filing a lawsuit against the the recording of the Declaration. owner. After multiple delinquency the recording of the Declaration.

Notwithstanding this, lenders notices, the utility company or have thus far been amenable to a its counsel will send a Notice of clients’ claim of a priority position Intention to File Lien in accorand have been willing to negotiate dance with the requirements of the to make certain the Charges are brought current. The lender, once eduContract Lien Act. Ultimately, when no payment is received within the cated, understands that its choices are to be in a second position as to time specified in the Notice, a Statement of Lien is recorded against the the Charge, in its entirety, or to ensure that the redemption amount is property. paid, whereupon the balance of the Charge simply continues as a lien As the unpaid debts continue to mount, property owners increasingly against the property. This enables the lenders to wash their hands of the end up in foreclosure. When that occurs, provided that a Statement of property once it is sold to a third party and results in the clients being Lien has been recorded against the property, the lender will notify the made whole and not losing the ongoing annuity value of the Charge.

Utility Company, as required by law, that foreclosure proceedings have Careful drafting and enforcement of the Declaration and pursuit of been initiated. This is when the answer to the question of “who has priorowners in the collection of the Charges allows for better chances of sucity, the mortgage holder or the Utility Company?” becomes important. cess in collecting the Charges and costs, accrued interest and fees from In Maryland, the rules of priority are often summarized as “first in lenders or from subsequent purchasers of the property from the lenders. time, first in right.” While the Statement of Lien is likely to have been Working with, and not against, the lender may provide the best way to recorded after the lender’s Deed of Trust , the Declaration is likely to have make clients (the utility companies) whole. been recorded prior to the Deed of Trust. For this reason, it is important that the effective date of the lien for the charges relates back to and is effective as of the date the Declaration was recorded. There is growing David T. Wagner is an attorney with McMillan Metro, P.C. His practice support for the proposition that, if properly documented and handled, the area concentrates on establishing and collecting deferred water and sewcharges, in their entirety, have priority over the Deed of Trust. er charges, title, settlements, lender representation, commercial leasing In order to assert this position several factors must be present. First, and general business matters. Mr. Wagner may be reached at dwagner@ the Declaration must have been recorded prior to the Deed of Trust mcmillanmetro.com or 301-251-1180.

BUILDING IN MARYLAND AND WASHINGTON, DC

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The Engineer’s Angle

Effluent Limitations Guidelines for Construction and Development

By Jeff Hancock, Senior Water Resources Engineer, WEG, Inc.

L

larger sites with clay soils more expensive by requiring additional conast year I wrote an article updating regulatory activities underway trols and monitoring, but small sites would not be required to monitor to limit stormwater runoff from construction sites (published in or meet the numeric limit.

BUILDING magazine, Nov./Dec. 2008). One of the activities disOption 3 incorporates all of the requirements of Options 1 and 2, cussed was the adoption of federal effluent limitations guidelines for except the numeric limit for turbidity would apply for all sites ≥ 10 the construction sector. Since that article was written, the EPA has acres. Like Option 2, ATS may be necessary on some sites to meet published notification of a proposed rule in the Federal Register (Vol. the numeric limit, requiring greater cost to design, build, and maintain.

73, No. 230/Friday, November 28, 2008) titled “Effluent Limitations As the applicability criteria have been loosened, there would be more Guidelines and Standards for the Construction and Development Point sites impacted by the numeric limit, but smaller sites would still not be Source Category.” This article summarizes the proposed rule and how affected. it could affect construction and development in the Maryland-National If the turbidity limit is exceeded for a site, an assessment of the site Capital (MNC) region. conditions and remedial actions would be required. If the numeric limit In order to develop the effluent limitations guidelines and stancontinues to be exceeded, penalties and enforcement actions would dards (ELGS), the EPA looked at three options. Option 1 requires that be imposed. One interesting note in the proposed rule, quoted from all construction and development (C&D) sites subject to the regulation a report by the National Research implement certain principles and Council from a study commispractices and meet non-numeric sioned by the EPA, is that enforceeffluent limits. These principles ment could be performed by state, include the use of conventional eroInformation on the proposed rule and local, or third-party inspectors or sion and sediment controls com“by citizens or watershed groups.” monly used on sites across the MNC adoption of the ELGS can be found However, that report treated turregion. In addition, portions of the at www.epa.gov/waterscience/guide/ bidity limits as action levels, while site draining to one location with the EPA proposed numeric limit is 10 acres or more of disturbed area construction. binding. at one time are required to have a In the end, the EPA chose to sediment basin to control and treat adopt Option 2, requiring all C&D stormwater runoff. Much of the consites to implement non-numeric struction and development occureffluent limitations, with certain sites required to meet a numeric turring in the MNC area already includes sediment basins for site drainage bidity limit of 13 NTU. The proposed rule reports that the estimated cost areas of 10 acres or more, and many of the non-numeric practices to benefit ratio for implementing Option 2 is $1.9 billion to $333 million. proposed are already required.

The court ordered deadline for adopting an ELGS is December 9, 2009.

Option 2 incorporates all of the requirements in Option 1, but also If the proposed rule is adopted by that date, it must be reflected in includes a numeric effluent limit on turbidity of 13 nephelometric turfederal and state stormwater permitting programs by 2014. While the bidity units (NTU) maximum. The limit applies to sites that meet all of period of public comment for the proposed rule has expired, adoption the following criteria: size ≥ 30 acres, soil clay content > 10 percent, of the final rule will likely include opportunity for the public to comand a rainfall erosivity factor ≥ 50. The operator would be required to ment. Information on the proposed rule and adoption of the ELGS can periodically monitor and report discharges from the site to demonstrate be found at www.epa.gov/waterscience/guide/construction. compliance with the limit. In order to meet the limit, the EPA acknowledges that conventional erosion and sediment controls (silt fence, sediment traps and basins, etc.) may not be sufficient, requiring the use Jeff Hancock is a senior water resources engineer with WEG, Inc. WEG of “active treatment systems” (ATS), that include chemical addition, provides environmental services for developers and builders in the filtration, and advanced settling. Option 2 could make compliance on Maryland-National Capital region since 1991.

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MNCBIA Membership Members in the News Bowman Consulting announced that Ron Anderson joined the firm as director of surveys to lead its Annapolis, MD, operations. Mr. Anderson has more than 30 years of practical survey experience. As director of surveys, he is responsible for various operational aspects; including client satisfaction, project delivery, quality control and financial performance. He is a licensed land surveyor in Maryland and Delaware.

Bozzuto Development promoted Toby Bozzuto to president from executive vice president. Bozzuto Development is a subsidiary of the Bozzuto Group.

ECS Mid-Atlantic, LLC announced that Manol P. Andonyadis, P.E., William Kilpatrick, P.E., PhD, Michael G. Doyle, A.I.A., Richard D. Storbeck, P.E., and Christopher J. Perrotta have joined the distinguished list of The Leadership in Energy and Environmental Design (LEED) Accredited Professionals. Under the U.S. Green Building Council guidelines, LEED Accredited Professionals have a demonstrated understanding of the use and implementation of environmentally friendly, sustainable resources and practices for the engineering and construction industry.

EYA promoted Brian Allan Jackson to senior vice president and executive committee member of the company. Mr. Jackson was formerly vice president, land acquisition and development. The company also promoted two vice presidents, John F. Fahey and J. Wyndham Robertson to senior vice presidents.

Howard & Associates President, Evelyn Howard, was recently recognized for her years of service to the National Association of Home Builders’ 50+ Housing Council. Ms. Howard, who has specialized in market demand and consumer research for the 50+ housing market

since 1987, was honored by the NAHB 50+ Housing Council’s with a special “Certificate of Appreciation” at a ceremony held during NAHB’s International Builders’ Show in Las Vegas, NV, earlier this year.

Maier & Warner Public Relations welcomed public relations veteran Karen Widmayer as senior associate to enhance the firm’s PR services. Ms. Widmayer has provided marketing counsel to such Washington companies as CarrAmerica, Akridge, Grunley Construction, The J Street Companies, Federal Capital Partners, and to the Boys and Girls Clubs of Greater Washington.

With more than 25 years of experience, Widmayer has also managed corporate communications, public relations, community relations, employee relations, crisis management and communications, advertising and marketing for area businesses.

McCormick Paints welcomed Tom Daniels to its executive team.

Mr. Daniels joins McCormick with extensive industry experience; formerly as vice president of sales for Cabot and most recently, after the acquisition of Cabot by Valspar, as Valspar’s general manager.

As senior vice president of operations for McCormick Paints, Mr. Daniels will oversee all aspects of the company, including sales management, store operations, customer service and marketing.

Winchester Homes announced that the Harrison model at the Homeport community in Edgewater, MD, won the Silver Award for being the “Best Single Family Detached Home Priced $850,000 to $1.5 million” at the 2009 Nationals. The Nationals Awards recognize excellence in marketing and design in the home building industry. They were presented at the 28th Annual National Association of Home Builder’s National Sales and Marketing Awards gala held in Las Vegas, NV, earlier this year.

New Members (as of March 1, 2009) ASSOCIATES Ashley Corporation Conveyance Systems Elevator Systems Jerry Hergenreder Ph: 804-355-7102 jerry@ashelycorporation.com Bluewing Environmental Solutions & Technology Environmental Consultants Kevin Hedge Ph: 410-203-2270 Kevin@blue-wing-env.com

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Go Green Lighting, LLC Electrical Contractors Andre Kaminski Ph: 301-880-0549 ak@gogreenlightingLED.com Ice Edge Business Solutions Computer Software/New Homes Noble Diller Ph: 240-620-8122 ndiller@ice-dege.com

BUILDING IN MARYLAND AND WASHINGTON, DC

Mark J. Mazz, AIA Architects Mark J. Mazz Ph: 301-440-4276 Fax: 301-263-6868 j.mazz@verizon.net Standard Solar Solar Products & Contractors Scott Carr Ph: 301-944-1200 scott.carr@standardsolar.com

MNCBIA Membership What Has MNCBIA Done Lately?

• The Environmental Committee submitted a letter to the U.S. Army Corps of Engineers asking for an extension of the public comment period on the Atlantic and Gulf Coastal Plain Interim Regional Supplement to the 1987 Wetland Delineation Manual.

• The Environmental Committee, in support of the NAHB position, commented in a letter on EPA’s Proposed Effluent Limitation Guidelines for the Construction and Development Industry.

• The Codes & Standards Committee submitted a letter for the March 5, 2009 Maryland House hearing on HB 1038 stating reasons not to require Radon Detectors in new construction.

• The Montgomery County and Prince George’s Liaison committees held their annual Liaison Breakfasts, which gave members the opportunity to discuss key issues with County officials and top-level staff.

• The 50+ Housing Council sponsored a seminar and networking event called “Stimulate Traffic : Generate Sales” that gave attendees valuable ideas on bringing prospects to their communities.

• The Home Builders Care Foundation was honored with the esteemed Distinguished Partner Award from the Montgomery County Coalition for the Homeless in recognition for the industry’s in-kind contributions and efforts to help end homelessness.

• The Home Builders Care Foundation made a contribution in memory

•

•

•

•

•

of MNCBIA’s long-time beloved comptroller Al Pence in support of the Back-to-Work vocational training program operated at the Men’s Emergency Shelter in Rockville.

The Home Builders Care Foundation held its annual Day at the Races fundraiser, thrilling attendees with exciting horse racing, a buffet lunch, raffles, and a fun-filled goody bag.

MNCBIA’s Education Committee sponsored a series of courses on aging and accessibility and business management to enable members to satisfy the requirements for the Certified Green Building Professional designation and for the Certified Aging In Place Specialist (CAPS) designation.

MNCBIA fed and entertained more than 200 members at its annual Celebrity Chefs Meets March Madness event. Member chefs displayed their cooking talents while associate members displayed their latest products and services.

The Charles County Liaison Committee sent a detailed letter to the county commissioners asking them for reductions in fees and tolling on numerous plans.

The Prince George’s Liaison committee persuaded the County Council to present two bills, CB-7-2209 and CB-8-2009 that will toll Preliminary Plans, Detailed Site Plans and Specific Design Plans until April 15, 2011

MNCBIA’s “Most Wanted” List Listed here are firms whose membership in MNCBIA has lapsed. WE WANT THEM BACK! Please encourage these companies to reinstate their membership in MNCBIA. Advanced Civil Design, American Society of Landscape Architectes, Appliance Builders Wholesalers, Arbor Landscapers Inc, Bank Of America, Barrons Enterprises Inc, Bernie Fowler Homes, Blue Ridge Truss And Supply, Brinks Home Security, Builder/ Architect Magazine, Builders Floor Service, Inc., Building Technology Incorporated, C.O. Carpentry, Inc., Capitol Building Supply, Capitol Development Design, Inc., Carl E. Zentz, P.A., Cates Engineering, Charles Black Companies, LLC, Chesapeake & Potomac Homes, LLC, Chopp & Company, CNA, Inc., Creative Landscapes by Gregory,

Curtis Development Corp., Donatelli & Klein Inc, EquityRG-The Residence Company, Erickson Retirement Communities, Essex South Builders, Inc., Fisher Suburban Construction, Gallagher, Evelius & Jones, Gardiner & Gardiner General Contractors, LLC, GDM Home Services, LLC, Gingles, LLC, Hallco Enterprises, Inc., Home Plus, Inc., Home Team Pest Defense, HorizonLivingston Road LP, Insurance Associates, Inc., Insurance Benefits & Advisors, J & J Portable Toilet and Septic Services, Inc., Joyce Engineering Corporation, Kaine Homes, L M Sandler & Sons, Inc., Lennar, Long & Foster/New Home-condo., Mangan Group Architects, Marjam Supply, MCF Investment Company, LLC, Meridian Ventures Inc, Metrostudy, Mid Atlantic Granite, Miller Living Environments, LLC,

Nova Exteriors, Odyssey Development, Olympia Swimming Pool Co., Inc., Paragon Properties Inc, Parker Door Company LLC, Parrott Security, PDC, Inc., Pelican Services Inc., Pitheon Marketing Productions, LLC, Potomac Garage Solutions, R & R Interior Finishes, Rainbow Construction Company, Reese & Carney, Ribera Development, LLC, Richard F. Kline, Inc., Robert L. Simmons & Associates, Inc., Sack Harris & Martin, P.c., Sea Gull Lighting, Southern Trust Mortgage, Standard Supplies Inc, Stevens Builders, Inc., Susquehanna Bank, The Concordia Group, The Hammer Companies, The Ryland Group Inc, Trust for the Public Land, W C And A N Miller Companies, WES Construction, Inc, Williamsburg Environmental Group, Inc., Williamsburg Group, Winchester Woodworking

BUILDING IN MARYLAND AND WASHINGTON, DC

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Events Calendar

MNCBIA Membership STARS Club

MAY

JUNE

5

2

Custom Builders Council meeting

(as of March 18, 2009)

6

GOLD Ballard Spahr Andrews & Ingersoll LLP BB&T DGG-MC Linowes & Blocher, LLP PEPCO Pleasants Development Rodgers Consulting

Commercial Builders Council Environmental Committee meeting Development Review Process Subcommittee (DRPS) meeting

7 DC Liaison Committee meeting

8

SILVER

2nd Annual MNCBIA Tennis Classic

Acacia Federal Savings Bank Georgetown Insurance Service, Inc. Greenhorne & O’Mara Inc. K. Hovnanian Homes Loiederman Soltesz Associates, Inc. McMillan Metro P.C. Miles & Stockbridge P.C.

BRONZE Bank of America Elm Street Development Gutschick Little & Weber, P.A. Holland & Knight Lerch, Early & Brewer, Chtd.

O’Malley Miles Nylen & Gilmore Provident Bank Reznick Group P.C. Sandy Spring Bank Winchester Homes

FRIEND

MAY/JUNE 2009

Codes & Standards Committee meeting

13 Green Building Committee meeting

14 Executive Committee meeting WSSC Liaison Committee meeting

20 50+ Site Tour: Chestnut Oaks MWBC Dinner Meeting Montgomery County Liaison Committee meeting

21 Home Builders Care Foundation Board meeting

25

Beers + Cutler Bowman Consulting Bozzuto Group Burgess & Niple, Inc. Charles P. Johnson & Associates christopher consultants ltd.

The Columbia Bank Craftmark Homes Dewberry Ben Dyer Associates, Inc. Furey, Doolan & Abell, LLP GE Appliances IDI-MD, Inc. Kim Engineering Macris, Hendricks & Glascock, P.A. Mid-Atlantic Builders, Inc. Military Veterans Miller and Smith Homes Porten Homes Shulman, Rogers, Gandal, Pordy & Ecker, P.A. Slenker Communities Terra Verde Communities LLC The Magruder Companies Urban Atlantic Ward & Klein Washington Gas

20

12

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NAHB Spring Board of Directors meeting

26 NAHB Spring Board of Directors meeting Record Plat Committee meeting

27 NAHB Spring Board of Directors meeting P&P Ad Hoc Committee meeting

28 NAHB Spring Board of Directors meeting Board of Directors meeting Custom Builder Awards Night

29 NAHB Spring Board of Directors meeting

30 NAHB Spring Board of Directors meeting

31 NAHB Spring Board of Directors meeting

BUILDING IN MARYLAND AND WASHINGTON, DC

The PROS Awards Custom Builders Council meeting

3 Commercial Builders Council Environmental Committee meeting Development Review Process Subcommittee (DRPS) meeting

4 DC Liaison Committee meeting

9 Codes & Standards Committee meeting

10 Green Building Committee meeting

11 WSSC Liaison Committee meeting Executive Committee meeting

16 Real Estate Finance Committee meeting

17 Montgomery County Liaison Committee meeting

18 Home Builders Care Foundation Board meeting

24 P&P Ad Hoc Committee meeting

25 Board of Directors meeting Southern Maryland Shrimp Feast

30 Record Plat Committee meeting

PARTY WITH THE PROS at the Annual Pros Awards Ceremony.

For the people who build the homes Great food and fun, all to honor the area’s best builders. We’ll kick off the festivities with Smokey Glen Farm’s famous chicken and ribs, music, open bar, outdoor events and more. Sign up today.

Tuesday, June 2, 2009; 3:30 PM-8:30 PM Smokey Glen Farm Honoring: Best Production Manager Best Superintendent/Best Project Manager Best Land Development Superintendent Best Purchasing Manager/Agent Best Customer Service Representative/Office Best Customer Service Manager/Field Best Field Technician/Customer Service & Field Best Office Professional

Cost: $70.00 per person pre-registration $80.00 On-Site Registration $120.00 Non-Member Registration Reservations are required and are only valid when accompanied by payment.

(Check, Visa, MasterCard, or American Express)

Reservation Deadline: May 29, 2009 No cancellations will be accepted after Friday, May 29, 2009 Questions: Contact Samantha Ager, 301-445-5411 or go to www.theprosawards.com for registration form.

Directions to Smokey Glen Farm: From I-495, take I-270 N. toward Frederick. Follow signs to exit 6B-Rte. 28 W. Go west on Rte. 28 for approx.

5.5 miles. Turn right at the traffic light onto Riffle Ford Rd. Proceed 1/2 mile to Smokey Glen Farm on right. Follow signs to your picnic area.

For the people who build the homes

www.theprosawards.com

Maryland-National Capital Building Industry Association

ADVERTISER.COM Appliance Distributors Unlimited ..................................... www.adu.com ....................................................Inside Back Cover Bowman Consulting Group Ltd......................................... www.bowmanconsulting.com .................................................... 12 The Brick Industry Association ........................................ www.bia.org .................................................................................. 4 Case Capitol Corp. ............................................................. www.Casecapitolcorp.net .................................Inside Back Cover GE Appliances ..................................................................... www.ge.com ...................................................Outside Back Cover Injured Workers’ Insurance Fund ..................................... www.iwif.com .................................................... Inside Front Cover Linowes and Blocher LLP .................................................. www.linowes-law.com ................................................................ 17 Long Fence Company Inc. ................................................. www.longfence.com ................................................................... 17 Macris Hendricks & Glascock, PA .................................... www.mhgpa.com ........................................................................ 12 Pepco Services, Inc. ........................................................... www.pepco-services.com .......................................................... 10 ProSource Wholesale Floorcoverings ............................. www.prosourcefloors.com ......................................................... 22 Provident Bank .................................................................... www.provbank.com ...................................................................... 6 Shulman, Rogers, Gandal, Pordy & Ecker, P.A. .............. www.shulmanrogers.com ........................................................... 17 Vintage Security.................................................................. www.vintagesecurity.com ............................................................. 3

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