BUILDING in Maryland and Washington, DC

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

JANUARY/FEBRUARY 2010

BUILDING IN MARYLAND AND WASHINGTON, DC

Universal Design

Something For Everyone

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Old-fashioned service.

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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 2010 Executive Committee Edward (Guy) R. Curley, III President

Frank Bossong, IV P.E., Associate Vice President

Jim Kettler Vice President/Calvert Co.

Steve Nardella Treasurer

Doug Meeker Vice President/Charles Co.

Dave Lunden Vice President, State Legislative/ Secretary

Robert J. Spalding Vice President/Montgomery Co.

BUILDING

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

FEATURES

Robert A. Jacobs Life Director

Marty Mitchell Vice President/Prince George’s Co.

Thomas M. Farasy Immediate Past President

John B. Norris, III Vice President/St. Mary’s Co.

Stephen P. Elmendorf Legal Counsel

Brian (A.J.) Jackson Vice President/Washington, DC

Diane K. Swenson CAE, Executive Vice President

2010 Board of Directors Bill Bilo Hillary Colt Cahan Mike Conley Tony Crane Timothy Dugan Ken Dunn Andrea Leahy-Fucheck Robert Harris Howard Katz Gary Kret David Little Charlene F. Parker-Thayer Stephen Paul

Nanci Porten Karen Radisch Marc Rose Andy Rosenthal Gary Rubino Ronald Rymer Ted Smart Ray Sobrino Clark Wagner Peggy White Bryan Whittington Carter Willson

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

Published by:

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A Design for the Ages Universal Design has Something for Everyone

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2010 Leadership Team New Players Take the Field

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11 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: communications@ mncbia.org Website: www.mncbia.org

JANUARY/FEBRUARY 2010

MNCBIA Awards Honoring Those Who Go the Extra Mile

DEPARTMENTS 4

A Message from the President of MNCBIA

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The Legal Pad

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The Engineer’s Angle

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MNCBIA Membership News Members in the News New Members MNCBIA’s Most Wanted List

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Index of Advertisers

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Advertiser.com

Publisher: Christopher Hodges Editor: Catherine Jones Project Manager: Jason Dolder Publication Director: Jason Ruppert Marketing: Heather Zimmerman Layout and Design: Naylor, LLC Advertising Art: Aaron Harper

Naylor, LLC 5950 N.W. 1st Place Gainesville, FL 32607 800 369-6220 352 332-1252 Fax: 352 332-3331 Website: www.naylor.com Published December 2009/MNC-S0110/9372 Cover photo Credit: www.dreamstime.com

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FROM THE PRESIDENT

Plan Your Work, Work Your Plan elcome to 2010, the year of NO new regulations. Not! Now that I have your attention I would like to thank you for electing me the first President from St. Mary’s County. I hope to expand the advocacy success we have enjoyed in Southern Maryland to the rest of MNCBIA’s jurisdictions and to the State.

Congratulations to Diane Swenson on celebrating her one-year anniversary as our Executive Vice President. The first year in any new position is challenging and I commend Diane for being a champion of our association in the most difficult of times.

I would also like to thank President Tom Farasy for leaving the Association in good fiscal shape. I thought Tom was going to have the tough year as the 2009 President, but I am thankful that he left some minor work, (the Chesapeake Clean Water and Ecosystem Act, Maryland’s Stormwater Management Act and the new Erosion and Sediment Control Regulations, to mention a few), to tidy up this year.

When I met with the nominating committee and accepted their nomination for President, I did not realize how much up front planning there is for the Association. There are 14 members of the Executive Committee, 21 additional Board members, plus Life Directors and numerous Subsidiaries, Affiliates, Committees and Councils. I applaud each of you for your willingness to step up and participate in the Curley Administration. Every member owes MNCBIA’s success directly to you, the front line troops and voice of the association. Our success is directly related to your efforts in advocacy and membership, without which there would be no MNCBIA. In addition to the front line troops mentioned above, we have our dedicated and capable staff consisting of Hamer Campbell, Director of Government Affairs; Raquel Montenegro, Associate Director, Government Affairs; Annette Rosenblum, Associate Director, Regulatory Affairs; Kelly Grudziecki, Communications Manager; Debi Turpin, Membership Manager; Samantha Ager, Member Services Manger; Linda Groft,

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Edward R. Curley, III

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BUILDING IN MARYLAND AND WASHINGTON, DC

Financial Services Manager and Patti Kane, Home Builders Care Foundation Manager.

These are the worker bees of the association and part of the best BIA team in the country!

Now that our 2010 team is in place, our primary message to all elected officials is a simple but clear one. This is an election year and you need to “FIX HOUSING FIRST!” Dear Governor O’Malley, without grandfathering provisions in the new MDE Storm Water Regulations, we will lose an estimated 10 to 30 percent of buildable areas that do not have soil and erosion control approvals by May 4, 2010. Dear Senator Cardin, everyone wants a clean Chesapeake Bay but we can’t afford to clean up the Bay on the backs of new development since in this economy there will be no new development and no tax revenue. Dear Congressman Hoyer, if your colleagues had spent their summer recess holding town hall discussions on the housing industry instead of healthcare, we could have jump-started the economy of each and every state in the country. Dear President OBama, the lending market is stale, stagnate or non-existent. I know a few entrepreneurs that can put this state and country back to work when financing is made available to us.

The lenders that have accepted TARP funds are not lending. The big banks that were bailed out should return the favor by lending more to qualified real estate developers and small businesses. “FIX HOUSING FIRST!” As we move ahead into 2010, let’s focus on our long-range goals. We must work to expand our legislative alerts to ensure our lobbying efforts are used to advocate at the local, county, state and federal levels. We need to identify new ways to share information among our committees and councils so that our message is more effectively communicated. And we need to challenge each other to recruit at least one new member before the end of the year to keep our association viable. I know together we can PLAN OUR WORK, WORK OUR PLAN and boldly meet the challenges that lie ahead. Cheers!

Univer Un Univ iv verrsa sall de desi sign g iiss no gn nott ab bou ut ag agin in ing ng. g.

It iiss ab It a ou outt crea crea ati ting ng flexi lexi xibi bili bi lity li ty an nd d acc cces es e ss for ffo or a alll pe peop plle e.

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— Mary Mary arry Jo J Pe P terson, Maryy Jo J Peterson son n, In nc.

A Design for the Ages– Universal Design has Something for Everyone

By Michael Fickes henandoah at Lake Frederick, in Lake Frederick, VA, an active adult community from Bethesda-based Winchester homes, boasts six universal design floor plans. The development’s sales performance suggests that forecasts of an emerging market for universal design homes, while delayed by the recession, will likely form an important home buying market when the recovery finally arrives.

“The 55-plus market was severely hurt by the housing depression,” says Allen Rector, director of active adult for Winchester. “Right now, Shenandoah at Lake Frederick is selling at a pace of about 15 homes per year. But traffic is heavy. On average we are seeing 20 to 25 new visitors per week, from all parts of the country.”

Active adult developments that attract double digit visits per week are thought to be performing well.

Rector notes that active adult homes tend to be discretionary purchases that follow the sale of an existing home. “The slow market for existing home sales is delaying our buyers right now,” he says.

Rector sees a bright future for universal design houses. Active adult universal design homes in destination locations with many amenities will likely remain a part of the market, he continues. “But that probably won’t be the norm,” he says. “There is an emerging market of baby

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boomers who want to live close to work, family and friends, and they will want to live in close, in urban infill locations. These developments will have different kinds of amenities —services such as on-site banking, dry cleaning and groceries.”

Close-in, infill houses, new or remodeled, will be smaller, for downsizing boomers.

Rector also sees a future for universal design that goes beyond the 55-plus markets and attracts younger and older buyers alike. But developing that market will take some work. “It is important to stress that in our customer surveys, universal design does not place high on the list of desired features,” he says. “There is not a lot of awareness of what universal design is. In some cases, the perceptions are wrong. My point is that we have to educate buyers about the benefits of universal design homes.”

Leslie Marks agrees. “Builders are out in front on this,” says Marks, a principal with the Bethesda-based Marks Collaborative, an active adult marketing consulting firm. “Universal design is for seniors because it makes it easier to navigate a home, and it is also for young families, because it makes it easier to move around holding babies and bags of groceries. It is good for multigenerational households because

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your elderly mom can sit at the counter and help her daughter or son prepare dinner. In short, universal design is good design.”

What Universal Design Is And Is Not Universal design is an approach to homebuilding that can accommodate the needs of multigenerational households, from the youngest to the oldest and everyone in between. It features zero step entries so that toddlers learning to walk and people on crutches or in wheelchairs can enter the house with ease. Universal design doorways and corridors are wider than conventional doorways and corridors, to accommodate people in wheelchairs.

Light switches sit lower on the walls so that someone in a wheelchair can reach them. Electrical outlets are higher on the wall so that older folks don’t have to bend over as far.

Kitchen cabinets are lower as are the counters. In some homes, kitchen counters and cabinets are motorized and will move up and down at the touch of a button. In many cases, universal design kitchens feature islands with low counters to accommodate a chef in a wheelchair or who simply feels more comfortable in a chair.

Universal design homes often place a master bedroom on the first floor to accommodate a person or a couple no longer able to negotiate a flight of stairs comfortably. Many smaller universal design homes have only one floor.

While these examples may seem similar to the requirements governing the Americans with Disabilities Act (ADA), universal design and ADA are distinctly different. ADA covers public buildings and buildings used by the public such as stores and restaurants. Although there are some exceptions, ADA, as a general rule, does not govern housing.

“ADA approvals require designs to meet precise design specifications,” adds Raquel Montenegro, MNCBIA’s Associate Director of

DESIGN FOR LIFE MONTGOMERY ot long ago, Montgomery County introduced Design For Life Montgomery, a voluntary certification program, the first in Maryland, to promote two levels of universal design: visit-ability and live-ability.

It is administered by Montgomery County as part of the regular permitting process.

Level I certification covers visit-ability, which is a home design with one no-step entrance, 32-inch or 2’10” nominal clear-width interior doors, and a powder room or bathroom designed for use by a person in a wheelchair.

Level II covers live-ability. This design includes the visitability design features and adds at least one bedroom, full bath and kitchen with a circulation path that connects the rooms to an accessible entrance.

“Universal design homes have something for everyone,” says MNCBIA’s Raquel Montenegro, a member of the 23-person panel that created Design For Life Montgomery. “If a homeowner wants to renovate an existing home to age-in-place, universal design makes it possible to do that comfortably. And when it comes time to sell, universal design features will make the house more attractive to buyers.”

For more information on Design for Life Montgomery go to www.mncbia.org and click on the Design for Life logo.

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Government Affairs. “For example, ADA specifies the widths of doorways and the slope of ramps. A design that doesn’t meet those specifications cannot receive ADA certification.”

A universal design home might have wider doorways and hallways than a conventional home design. The dimensions might be wider or narrower than ADA specifications for doorways and hallways. It depends on what the architect intends for the space and not on the ADA requirements. Universal design and ADA specifications occasionally parallel each other, but a universal design specification would only match an ADA specification by coincidence.

In short, universal design is not design mandated by government.

ADA is. An architect aiming for ADA compliance will make adjustments to the overall design as necessary to make the doorways, corridors, bathrooms and other spaces in the house meet ADA requirements.

An architect working on a universal design house aims to design a comfortable house and is not constrained by ADA requirements.

Two Universal Home Designs Universal design can give a home one of two distinct personalities.

One house might have visit-ability, for instance, while another house might have live-ability. A livable home has visit-ability. But a visit-able home doesn’t necessarily have live-ability features.

Here’s the difference. Designs with visit-ability make it easier for elderly relatives or friends to visit. The front door or at least one doorway into the house will not require someone to step up onto a porch.

The entrance will be flat. And the doorway will be wide enough to accommodate a wheelchair.

On the first floor, wide corridors will accommodate a wheelchair.

The bathrooms will provide a wide doorway. Grips mounted on the walls will aid movement. The vanities and sinks will be lower, with space underneath, again for the convenience of people in wheelchairs.

The light switches will be at convenient heights.

Other areas of the house, such as the second floor, not normally used by visitors might have conventional design or universal design.

If the goal is to make the house visit-able, only the first floor counts.

Live-ability designs affect the entire house.

How Can Universal Design Homes Expand Into The General Home Market?

“I think this would have been cool to have had when my son was young,” says Montenegro. “A 42-inch-wide outside door would have been great. Universal design can appeal to many more people than boomers that want to age in place.”

Designers that have worked with universal design for years believe that it is an approach to home design that has something to offer everyone. “I’ve spent my career incorporating universal design into projects,” says Mary Jo Peterson, of Mary Jo Peterson, Inc., a design consultant that specializes in kitchens, baths and universal design. “Universal design is not about aging.

It is about creating flexibility and access for all people. It is beginning to be recognized as smart design, as the right way to do things.

“When I present a design, I don’t present it as universal design, but as a design concept. For example, I might say simply that I’ve designed the kitchen with two counter heights so that you can sit down and work if you want. Or I might show them the shower and explain that the design enables you to sit down and relax.”

Universal design is designed to be universal. And that’s the way to sell it: as a design created just for your buyer.

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MNCBIA’s 2010 Leadership Team in Place E dward (Guy) R. Curley, III, President of Liberty Home Builder Inc. based in Great Mills, MD, becomes the 2010 president of the Maryland-National Capital Building Industry Association, and the first president from St. Mary’s County.

Commenting on his new presidential role, Guy said, “It’s truly an honor to be chosen by a special group of my peers at this unique time in our industry and economy. I am confident that with the 2010 leadership team in place we will meet our challenges.”

Although presidents change and members come and go, the association’s key issues remain the same; advocacy, viability of the association, public relation and outreach, membership growth and services and emerging issues and markets. Guy’s long-range goals encompass a number of important factors including, advocating to have NAHB’s Green Building Guidelines recognized by MNCBIA’s local jurisdictions as a tool to assist with new MDE Regulations and the EPA Chesapeake Bay Restoration Act; expanding our legislative alerts to ensure our grassroots lobbying efforts are being used to advocate at the local, county, state and federal levels; identifying new ways to share information among MNCBIA’s committees and councils so that our member’s work is more effectively communicated in advocacy; and challenging every member to recruit at least one new member before the end of the year.

Serving with Guy on the 2010 Executive Committee are Jim Kettler, Vice President/Calvert Co. (Kettler Brothers Homes, LLC), Doug Meeker, Vice President/Charles Co. (Elm Street Development), Robert J. Spalding, Vice President/Montgomery Co. (Miller &

Smith Homes), Marty Mitchell, Vice President/Prince George’s Co. (Mitchell & Best Homebuilders, LLC), John B. Norris, III, Vice President/St. Mary’s Co. (Law Offices of John B. Norris III, LLC), Brian (A.J.) Jackson, Vice President/Washington, DC (EYA, LLC), Frank Bossong, IV, P.E., Associate Vice President (Rodgers Consulting Inc.), Steve Nardella, Treasurer (Winchester Homes Inc.), Dave Lunden, Vice President, State Legislative/Secretary (Timberlake Homes), Robert A. Jacobs, Life Director (Acacia FSB), Thomas M. Farasy, Immediate Past President (Terra Verde Communities, LLC), Stephen P. Elmendorf, Legal Counsel (Linowes & Blocher, LLP) Diane K. Swenson, CAE, Executive Vice President.

Serving on the Board of Directors in 2010 are Bill Bilo, Dico, Inc., Hillary Colt Cahan, Konterra, Mike Conley, Winchester Homes Inc., Tony Crane, Crane Homes, Timothy Dugan, Shulman Rogers, Ken Dunn, Loiederman Soltesz Associates, Inc. Andrea Leahy-Fucheck, Leahy & Desmet, Robert Harris, Holland & Knight, Howard Katz, Michael Harris Homes, Gary Kret, Steuart-Kret Homes, David Little, Gutschick Little & Weber, P.A., Charlene F. Parker-Thayer, christopher consultants, ltd., Stephen Paul, Mid-Atlantic Builders, Inc., Nanci Porten, Porten Companies, Karen Radisch, 1st Mariner Bank, Marc Rose, Michael T. Rose Companies, Andy Rosenthal, Rosenthal Homes, Gary Rubino, Greenhorne & O’Mara, Inc., Ronald Rymer, Lenhart Development, Ted Smart, Maryland Development Co., LLC, Ray Sobrino, Porten Companies, Clark Wagner, Bozutto Homes, Peggy White, Axiom Engineering Design, LLC, Bryan Whittington, Whittington DesignBuild, Carter Willson, Carter Inc.

2010 Executive Committee at a Glance PRESIDENT Edward R. Curley, III (Guy) is the president of Liberty Home Builder, Inc., a residential construction and development firm in Great Mills, MD. Mr. Curley is also president of Raleigh Apartment Management Company and oversees the family apartment portfolio. Mr. Curley is a third-generation entrepreneur from a family of venture capitalists. During the past 20 years, Mr. Curley has, in various entities, developed in excess of $120 million in residential projects and more than 1,000 building lots in St. Mary’s County. He has been an active MNCBIA board member since 2001. In 2004 he was named to the Executive Committee where he was tasked with the job of Vice President of St. Mary’s County, a title he held until landing his new role as 2010 President. Along with his new presidential duties, Mr. Curley will also continue to serve on MNCBIA’s Green Building Committee. As a native of St. Mary’s County he has been involved with the St. Mary’s County Development Review Forum, the Citizen Task Force on School Construction and the Chamber

of Commerce. Presently, he remains heavily involved with the St. Mary’s County Economic Development Commission Community, the Workforce Housing Task Force and the St. Mary’s County Hurricane Relief Fund, which he was personally involved with after Hurricane Katrina hit the Gulf Coast in 2004.

VICE PRESIDENT- CALVERT COUNTY James Kettler (Jim) owns and operates Kettler Brothers Homes, LLC, located in Montgomery Village, MD. Kettler Brothers Homes is focused on land development and new home construction throughout the DC metropolitan area, and has built more than 26,000 homes since 1952. Mr. Kettler has been an active member of MNCBIA for more than 20 years, serving on the board of directors and holding the role of president in 2005. In addition he has been involved on various BIA committees including the Executive Committee, the State Legislative Committee, the Sales and Marketing Council, the East Coast

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Builders Conference, and held the position of Chair of the DC Liaison Committee. Mr. Kettler is also a board member of the Home Builders Care Foundation, the charitable arm of the MNCBIA. He is a registered architect and received a Bachelor of Architecture degree from Cornell University.

VICE PRESIDENT- CHARLES COUNTY Doug Meeker is a vice president with Elm Street Development where his responsibilities include management of Elm Street’s land development ventures in Charles County and identifying new development opportunities in the Southern Maryland region. He has been active in the MNCBIA for more than 15 years and currently serves on the Board of Directors.

Mr. Meeker also serves on the Board of Directors for the United Way of Charles County and is an active member of the Charles County Chamber of Commerce. He is a registered professional engineer and holds a Bachelors Degree in Structural and Construction Engineering from Penn State University.

VICE PRESIDENT- MONTGOMERY COUNTY Robert J. Spalding is a land development project manager for Miller and Smith Homes where he has managed residential and commercial land developments including master plans, entitlements, and construction supervision. Mr. Spalding began his planning career in 1984 with the City of Rockville where he was a transportation and land use planner.

From 1989 to 1998 he worked for the MarylandNational Capital Park and Planning Commission (Montgomery County) as a planner on a variety of master plans before returning to Rockville to become the Chief of Planning for the City of Rockville until 2005. He also served on the Metropolitan Washington Council of Government Planning Directors Technical Advisory Committee, including one year as chairman.

Mr. Spalding is a certified planner and received a bachelor’s degree in Urban Studies from the University of Maryland and a master’s degree in Urban and Regional Planning from the University of Virginia.

VICE PRESIDENT- PRINCE GEORGE’S COUNTY Marty Mitchell is the vice chief executive officer of Mitchell and Best Homebuilders LLC (M&B) and has been directly involved in the design and development of communities at M&B for more than 18 years. In addition to land development and land acquisition, he handles initial Investor/Bank Relations. Mr. Mitchell is currently on the NAHB Board and serves on various NAHB Committees. In 2003, he was the NAHB Environmental Issues Committee Chairman, and represented NAHB on an EPA rulemaking committee to establish EPA’s guidelines for Phase I ESAs. Mr. Mitchell has also served on NAHB’s Smart Growth and EPA Stormwater Management committees and has served on former Montgomery County Executive Doug Duncan’s Forest Preservation Taskforce as well as the Governor’s Task Force for Green Building. He has served several years on the MNCBIA Board and as a vice president for MNCBIA in 2009. In 2008 he served his third year as chair of the Greater Washington Builders Expo. Mr. Mitchell is a graduate of the University of Maryland where he also received his MBA.

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VICE PRESIDENT- ST. MARY’S COUNTY John B. Norris, III is currently in private practice in Leonardtown, MD, after having served as County Attorney for St. Mary’s County. Mr. Norris holds a Bachelors of Science Degree in Civil Engineering and Technology as well as a Juris Doctorate and has focused his practice in real estate, development and business law; which includes environmental, land use, zoning, subdivision, condominiums, homeowners’ association, construction contracts, sales and leasing, settlements and closings, mergers and acquisitions, collections, regulatory compliance counseling, condemnation, 1031 (Like-Kind) Exchanges, liens and foreclosure matters.

VICE PRESIDENT- WASHINGTON, DC Brian Allan Jackson, (A.J.) is a partner with EYA, LLC, a Washington, DC, area urban infill development company where he serves as Senior Vice President of Land Acquisition and Development and is leading EYA’s participation in more than $750 million of public-private development partnerships. Mr. Jackson is also a member of EYA’s Executive Committee as well as its Investment Committee and directs strategy and planning for the firm. Prior to joining EYA, he served as Chief of Staff at the U.S. General Services Administration, the single largest owner and operator of real estate assets in the United States. Mr. Jackson is a member of MNCBIA’s Executive Committee of the Board of Directors and serves as Chairman of the Washington, DC Liaison Committee. In addition, he is a full member of the Urban Land Institute, where he serves on the Public Private Partnership Council, and a member of the African-American Real Estate Professionals Association. He holds a BA with Honors in economics from the University of Alabama and an MBA with Distinction from the Harvard Business School.

ASSOCIATE VICE PRESIDENT Frank Bossong, IV, PE, is senior vice president/partner and director of operations for Rodgers Consulting, Inc., a land development consulting firm serving the Washington metropolitan area. He is a LEED-AP Certified registered professional engineer and land surveyor with more than 31 years of industry experience. Mr. Bossong has served on and chaired various committees including the Montgomery County Department of Permitting Services Advisory Board, the Montgomery Road Code Committee, Montgomery County New Products Committee, the Frederick County Land Use Council, the Maryland State SWM Advisory Committee, the Montgomery County and Frederick County Public Works Committees, Board of Prospect Hall, and other technical committees. He has testified as an expert witness before legislative, administrative and judicial boards, and as an industry representative on land development design and environmental issues throughout Maryland. Mr. Bossong was the Chair of MNCBIA’s Montgomery County Development Review Committee and MNCP&PC Ad-hoc Committee for 2006 and 2007, and Vice President of the Montgomery County Liaison Committee in 2008 and 2009. He is a graduate of the University of Maryland with a BSCE and received his Professional Engineer’s license in 1984. He is currently registered in Maryland, Virginia, West Virginia, and Georgia.

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TREASURER Steve Nardella is senior vice president of operations for Winchester Homes Inc., a regional builder/ developer active in the Baltimore/Washington metro area. As a senior executive, he is involved in the development of land and business strategy, land acquisition and finance, and is the brand leader for Winchester’s Camberley Homes brand and its active adult business. Mr. Nardella has 30 years of professional experience including 10 years of urban and regional planning in government and private sector consulting and 20 years in acquisition, development and operations. He holds a bachelor’s degree in geo-environmental studies from Shippensburg University and completed an executive program in accounting and finance at the University of Washington Business School. He is an active member of the MNCBIA, having served on the board of directors plus various committees and ad hoc taskforces. He is also a member of the Urban Land Institute, American Planning Association and the American Institute of Certified Planners.

VICE PRESIDENT, STATE LEGISLATIVE/SECRETARY Dave Lunden is the president of Timberlake Building and Renovations, LLC, the custom home and renovations division of Timberlake Homes.

He has been an active MNCBIA member since 2003, participating on the State Legislative and the Prince George’s County Liaison committees.

Mr. Lunden received a BA from the University of Maryland College Park and a JD from the University of Maryland, School of Law. He is a licensed attorney, having practiced law for more than 16 years. Earlier in his legal career, Mr. Lunden was a prosecutor in both the Baltimore County State’s Attorney’s Office and the Maryland Office of the Attorney General.

IMMEDIATE PAST PRESIDENT Thomas M. Farasy is president of Terra Verde Communities, LLC, a multifamily developer/builder in the metropolitan DC area. Terra Verde also consults for a number of major multifamily developers.

Mr. Farasy developed the first private development at a Metro Transit Center in Prince George’s County and the first FHA financed project at a Metro Center in the Metropolitan Washington, DC, area. Mr. Farasy has served on the MNCBIA Board of Directors since 1999. He was the president of the association in 2009; from 2007 - 2008, he served as the Chairman of the Prince George’s County Liaison Committee and has been a member of the Executive Committee of MNCBIA since 2007. He was the chairman of the Multifamily Council and co-chairman of the Multifamily Trends Conference from 1999 - 2006. He was a member of the WMATA Joint Development Task Force in 2007. Mr. Farasy graduated from St. Louis University with a Bachelor of Science in Business Administration.

LIFE DIRECTOR Robert A. Jacobs is executive vice president and chief lending officer for Acacia Federal Savings Bank, a subsidiary of Acacia Life Insurance Company, a member of The UNIFI Mutual Holding Companies, where he

manages the Residential Construction, Commercial Real Estate and Commercial Lending Divisions.

Mr. Jacobs serves on MNCBIA’s Associates Council, Golf Committee and Real Estate Finance Committee and is on the board of the Builder Development Guaranty Group. Previously he served as chairman of the Real Estate Finance Committee.

He also serves on the board of the Foundation of Automotive and Construction Technology for Students (FACTS). Mr. Jacobs earned his degree from George Mason University in Business Administration. He continues to support George Mason as a lecturer in Real Estate Finance for the Business School.

LEGAL COUNSEL Stephen P. Elmendorf is a partner with the Land Use/Administrative Law Practice Group at the law firm of Linowes & Blocher LLP. His practice area is the land development approval process in Montgomery County, Rockville and Gaithersburg. Mr. Elmendorf represents local, regional and national clients before the Montgomery County Council, the County Board of Appeals, various County government agencies, the Maryland-National Capital Park and Planning Commission and the City Councils, the Planning Commissions and the Boards of Appeals of Rockville and Gaithersburg on a wide range of development-related issues. Mr. Elmendorf chairs the Legislative Committee as a member of the Board of Directors of the Maryland/DC Chapter of the National Association of Industrial and Office Parks. He is a former member of the Executive Committee and Board of Directors (and former Vice President) of the Montgomery County Chamber of Commerce and a former President of the Rockville Chamber of Commerce. In addition to serving on the MNCBIA Montgomery County Liaison Committee, he is Legal Counsel for MNCBIA and DGG/MC. Mr. Elmendorf received his undergraduate degree in government from Georgetown University and his law degree from The George Washington University Law School.

EXECUTIVE VICE PRESIDENT Diane K. Swenson, JD, CAE, is entering her second year at MNCBIA. Diane has more than 15 years of leadership experience with associations, but considers MNCBIA volunteers and members the very best. Ms. Swenson has worked with an association management company, SmithBucklin, Inc., as the President of the National Lumber and Building Material Dealers Association and for eight years prior to that she was the Executive Vice President/COO of a stand-alone association, the National Association of Federal Credit Unions (NAFCU).

At NAFCU she was responsible for the day-to-day operations of the association, supervising the directors in charge of membership, marketing, information technology, human resources, strategic planning, and finance as well as a budget of $12 million and 10 meetings/conferences per year. Swenson also worked for 13 years for the American Tort Reform Association. Beginning as legislative director of the start up organization, she was promoted to vice president and later to Executive Vice President/ CFO. Ms. Swenson, who is a member of the Minnesota Bar, has a J.D. degree from Hamline University School of Law, St. Paul, MN, and a B.A. degree from Augustana College, Sioux Falls, SD.

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MNCBIA Awards

Don Pleasants Receives Kettler Award

illiam D. (Don) Pleasants, Jr., President of Pleasants Development, Inc. was selected as the 2009 recipient of MNCBIA’s Milton E. Kettler Award.

Don received the award in recognition of his many contributions to the association throughout more than 30 years. Don has been involved in the subcontracting industry as an excavator and general contractor and supports approximately 350 direct employees; he has developed, built and leased commercial shopping centers and office buildings. Don has been a long-term supporter of MNCBIA’s STARS Club and has given generously to the Home Builders Care Foundation.

He also is the current president of the Builders’ Development Guarantee Group of Southern Maryland and has been on the board of directors of that group for years. He has been very active on MNCBIA’s legislative issues and supports Housing Maryland. Mr. Pleasants is truly reflective of a lifetime of achievement.

The award was presented by Roger Lebbin, 2006 recipient of the Kettler award, on December 5 at a gala event at the Columbia Country Club in Chevy Chase, MD.

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David Little Honored with Rodgers Award

avid L. Little, PE, a Principal Partner at Gutschick, Little and Weber, P.A. was selected as the 2009 recipient of the MNCBIA’s Joseph C. Rodgers Sr. “Associate Member of the Year” Award. The award is presented annually in recognition of extraordinary and outstanding services by an Associate member to the Association.

David was the unanimous choice of the Selection Committee for this prestigious award. David has been an outstanding leader in chairing committees, serving on the board and this past year was most successful as the Chair of the Builders Connections Event that raised a large amount of money in a most difficult economic climate. David is willing to go the extra mile to obtain sponsors, speak out on issues of importance to MNCBIA and put the association first always supporting MNCBIA programs and events.

The award presentation was made by 2009 Rodgers Award recipient Bill Bilo on December 5 at a gala event at the Columbia Country Club in Chevy Chase, MD.

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BUILDING IN MARYLAND AND WASHINGTON, DC

Michael Faerber and Marc Rose Capture President’s Award

ichael Faerber, an attorney with McMillan Metro, P.C. and Marc Rose, President & CEO of Michael T. Rose Companies were selected by 2009 MNCBIA President Thomas M. Farasy as the recipients of his President’s Award. This award is presented to a member(s) whose work throughout the past year was significant in helping the President and the Association achieve one or more of the goals set forth at the beginning of the year. The goal of this dynamic duo was Membership Retention. Both Michael and Marc were selected based upon their steadfast commitment to success and maintaining their never-saynever attitude while dealing with the unusual environment surrounding the economic pressures that our industry and its members have being going through this past year. As Co-chairs of MNCBIA’s Membership Committee, Michael and Marc confronted this challenge with great enthusiasm, hard work and lots of follow up. The awards were presented at the annual President’s Luncheon on December 17 at the Congressional Country Club in Bethesda, MD.

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2009 Member of the Year Awards he MNCBIA honored seven of its members with the 2009 “Member of the Year Awards” on October 22 at the Bethesda Marriott Hotel.

The developer and builder awards are chosen by the associate and subcontractor members and the associate and subcontractor awards are chosen by the builder members.

Points are awarded in recognition of quality control, professionalism in dealing with trades and services, job scheduling, on-site engineering, project planning, workmanship, service, marketing and management effectiveness.

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The winners were…

1 Small Volume Builder of the Year

K & P Builders, Inc. 2 Medium Volume Builder of the Year

Rosemark DesignBuild 3 Large Volume Builder of the Year

Miller & Smith Homes 4 High Production Builder of the Year

Winchester Homes, Inc. 5 Developer of the Year

Elm Street Development 6 Subcontractor/Supplier of the Year

Eastern Concrete Foundation 7 Associate of the Year

Charles P. Johnson & Associates

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JANUARY/FEBRUARY 2010 PM 11 9/29/09 4:53:22

The Legal Pad

A New Day Has Dawned Construction Permits Subject To Citizen Objection

by Nancy L. Slepicka, O’Malley, Miles, Nylen & Gilmore, P.A.

t is a new day for the Maryland construction industry. Our fellow citizens now have the right to request a public hearing regarding any landdisturbing construction permit (disturbing one acre or more).

MNCBIA members are familiar with the need to obtain an NOI approval (NPDES Permit) from the Maryland Department of the Environment (MDE).

Previously, this was a pro-forma process, along with local approval of Erosion and Sediment Control Plans (ESC Plans) and the Stormwater Management Plans (SWM Plans). Not anymore. Effective July 13, 2009, MDE began implementing the new General Permit that requires the publication of an NOI application prior to approval of the NOI. The notice gives any of our fellow citizens the ability to request a public hearing on the NOI (subjecting every development to more citizen scrutiny).

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Citizens now have the right to request a public hearing regarding any land-disturbing construction permit.

Plans and SWM Plans with applicable laws. More importantly, this new information will provide our fellow citizens with a basis for objection to the issuance of the NOI. As long as our members’ Plans comply with the applicable laws, the objections of our fellow citizens should not stop the issuance of the NOI. On the other hand, this new process will cost our members time and money.

Legal Background The NPDES Permit was administered by the State of Maryland, pursuant to the federal Clean Water Act, since 1974. The NPDES program allows issuance of permits for “discharges” (i.e., water flowing through and away from construction sites) into navigable waters. Maryland’s laws dictating how construction projects design sediment and erosion control systems and stormwater management systems provide the protection for our waterways. Previously, it was sufficient for local staff to review the Plans (ESC Plans and SWM Plans) and determine compliance with applicable laws. Pursuant to a settlement agreement between MDE and the Waterkeeper Alliance—in a lawsuit challenging MDE’s general stormwater permit for construction sites—it was agreed that the public would be notified of the proposed issuance of each land-disturbing, construction permit and given the opportunity to comment.

What Does This Mean To Me? This means that the NOI application now must include new information concerning how your plans address the following: (1) utilization of “environmental site design,” (2) maintenance of limits of disturbance to protect natural areas and to control construction equipment and vehicles, (3) evaluation and appropriate limitation of site clearing, (4) evaluation and designation of site area for phasing or sequencing, (5) identification of soils at high risk for erosion and use of advanced stabilization techniques, (6) identification of steep slopes and clearing limitations for their protection, (7) designation of stabilization requirements and time limits, and protection measures for discharges to the Chesapeake Bay, and (8) identification of impacted impaired waters (with a TMDL). This new information will aid MDE staff as they evaluate compliance of ESC

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Public Participation MDE has established a Website database, providing the public with information on all NOI permit applications, pursuant to the settlement agreement. Once an application’s information is posted on the MDE database, a minimum 45-day public participation period begins for sites disturbing three or more acres (or 30-days for sites disturbing one to less than three acres). If no comments are received within the time period and MDE has notification of ESC Plan approval, the NOI should be approved within 48 hours. If a citizen requests that the site obtain an individual permit, the applicant is notified and MDE will evaluate whether an individual permit is necessary. If the application is for disturbance of 150 or more acres that discharge to an impaired waterbody, an individual permit is required. It should be noted that MDE can determine after reviewing any NOI general permit application that an individual permit will be required.

The process for an individual permit first gives citizens the opportunity to request an informational meeting. After MDE makes a tentative determination to approve the NOI, citizens have the opportunity to request a public hearing. Once MDE makes a final determination, citizens have the opportunity to begin the appeal process by requesting a contested case hearing.

This new day will be challenging. It will require creative solutions to new challenges.

Nancy L. Slepicka is a land use attorney with O’Malley, Miles, Nylen & Gilmore, P.A. specializing in environmental regulation, zoning, subdivision, historic preservation and sustainable development. She may be reached at nslepicka@omng.com or 301-934-5600.

BUILDING IN MARYLAND AND WASHINGTON, DC

The Engineer’s Angle

SINGLE LOT INFILL DEVELOPMENT (or “These are not your standard subdivision lots”) By the Staff of Charles P. Johnson and Associates, Inc.

n the last few years there has been an increasing number of single infill lots being developed, either as a tear down, new construction on a vacant lot, or for an addition. The builders that work in this area have quickly learned that these lots cannot be treated as a standard new subdivision lot. There are special circumstances that need to be considered during the planning, architecture and permitting process.

The building restriction envelope is one of the most important determinations to be made before spending resources on detailed architecture. Using the owner’s previous house location survey or record plat information is not a good option to start the architecture. Often this information is out of date, inaccurate, or incomplete. In order to reliably determine the lot’s buildable area, a boundary survey needs to be performed with the benefi t of a title report. This should give an accurate depiction of any easements or other restrictions on the lot. Along with the boundary survey, a topographic survey needs to be completed to depict the existing topography and utilities accurately and to be used during the determination of building height/stories as well as for proper drainage considerations. After that Building Restriction Lines (BRLs) can be determined using the applicable zoning setback requirements along with an Established Building Line survey (where required). The result of these operations is a Site Plan base sheet with boundary, easements, topo, and BRLs, which the architect can use to prepare final architectural plans. Many times final architecture has been prepared for a lot only to find that it doesn’t fi t that lot due to unknown factors that would have been revealed if the above operations were executed first.

During building plan preparation the architect should work closely with the Site Planner to make sure the specific site conditions that impact building height and stories are addressed as well as lot coverage, drainage, forest conservation and tree removal permits. Local municipalities (i.e. town of Chevy Chase) have specific regulations that differ from the County requirements and these must be known during the plan preparation process. When preparing plans for an “addition” versus “new construction” careful attention to the “50 percent removal of the existing walls” rule is needed as well. In addition there is a distinction between a “basement” and a “cellar”, which is important in the determination of the number of “stories” the dwelling has.

The main lesson is to have the Architect and Site Planner work in close accord.

Finally when the architecture is completed the Site Plan can be finalized for permit processing. The Site Plan will need to address

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The building restriction envelope is one of the most important determinations to be made before spending resources on detailed architecture. several other issues. Infill lots typically do not have a ”central” stormwater management system in place as would be likely in a standard subdivision. As a result all the runoff from the lot must be treated “on lot” (as of November 1, 2009 in Montgomery County). This means that drywells, rain barrels, rain gardens, grass swales and other treatment methods must be accommodated on the Site Plan. Also, a determination of the ability to sewer the house to the existing sanitary sewer main must be performed as this will affect the basement elevation and the building height determination.

All of the above makes for a very busy Site Plan and it is often a challenge to meet all the requirements for the lot. But it usually can be accomplished if the right information is prepared at the right time.

(And we haven’t even addressed the need to resubdivide and replat the “lot” if it is actually parts of more than one lot). An infill lot is definitely not your standard subdivision lot.

(Charles P. Johnson and Associates, Inc. has a very active infill lot design team and strives to keep up with the ever-changing regulations affecting the homebuilding industry.)

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JANUARY/FEBRUARY 2010 11:32:54 13 AM 3/16/09

MNCBIA Membership

Members in the News

New Members (as of November 1, 2009)

Lerch, Early & Brewer Chtd. announced that Steve Robins, chair of the firm’s Land Use & Zoning practice group, was named as the region’s top land use and zoning attorney by the Washington Business Journal. Steve was chosen because of his extensive work along Montgomery County’s Red Line Metro stops, which emphasizes transit-oriented smart growth.

Alexander & Cleaver announced that Paula Bailey Evans joined the firm as a Government Relations Consultant. Prior to joining A&C, she had just concluded a legal clerkship for Prince George’s County Circuit Court Judge Toni E. Clarke.

Brian T. Farasy was named Vice President, Loan Officer of First Place Bank’s new location at 15400 Calhoun Dr. in Rockville, MD. Having served customers for more than 100 years, First Place Bank is now offering a full range of lending services to Montgomery County residents and businesses alike.

Bowman Consulting has acquired Massey Design & Associates, PC, based in Virginia Beach, as part of its strategy to better serve the Tidewater region of Virginia. Massey Design was established in 2003 and provides civil engineering services to public and private sector clients, with a specialization in streetscape planning and design.

BUILDERS Glickman Design Build, LLC Remodeling Russell Glickman Ph: 301-294-6093 rglickman3@aol.com Sponsor: Marc Rose VanSant, Inc. Building Single Family Larry VanSant Ph: 301-829-0444 lvansant@vansantinc.com Sponsor: Michael Faerber ASSOCIATES AMEC Contracting, LLC Floor Covering Andre Margutti Ph: 301-440-8644 andre@ameccontracting.com Sponsor: Marc Rose Eldersburg Building Supply Building Materials Mike Demers Ph: 410-477-9700 miked@ebsupply.com Sponsor: Marc Rose

STV, Inc. Engineering Mary Giles Ph: 410-944-9112 mary.giles@stvinc.com Sponsor: Tom Farasy The Sharper Cut Landscape Architects William Banford Ph: 301-782-2980 bill@sharpercut.com Sponsor: Shane Warren The Taney Corporation Stairs & Stair Parts Jeff Glass Ph: 410-756-6671 jeffg@taneystair.com Sponsor: Marc Rose The Washington Savings Bank Mortgage Banking Sue Grant Ph: 240-544-2020 sgrant@twsb.com Sponsor: Charles Dukes

MJ Exterior, Inc. Siding Contractors Ham Sooho Ph: 591-259-4136 Sponsor: Steve Nardella

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.

84 Lumber, Upper Marlboro; Abvrams Design Build, LLC; American Bank, Bethesda; Too, LLC;, Capital Design Group, Inc.; Chasen & Chasen; Crown Stairs & Rails; Dad’s - Discount Appliance Distributor; Decision Demographics; H P C Enterprises, Inc.; Henderson Drywall Inc.; Knight, Manzi, Nussbaum & Laplaca, P.A.; Louis Tenenbaum Independent Livng Strategist; M & M Appliance Sales and Service; Majestic Homes, Inc.; Murphy & Maguire, LLC; New Home Drywall, Inc.; Rexel Electrical & Datacom Products; Riggs, Counselman, Michaels & Downes, Inc.; Soil Consultants, Inc.; Sterling Mirror Company; Swann Construction; Valley National Gases, LLC.

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BUILDING IN MARYLAND AND WASHINGTON, DC 7/16/09 7:41:36 PM

Events Calendar JANUARY 2010 1 New Year’s Day – MNCBIA Closed 5 Custom & Small Builders Council 6 Development Review Process Subcommittee (DRPS) Environmental Committee meeting Calvert County Liaison Committee meeting 8 Prince George’s Liaison Committee meeting DC Liaison Committee meeting 12 Codes & Standards Committee meeting 13 Commercial Builders Council meeting Green Building Committee meeting

FEBRUARY 20 St. Mary’s Liaison Committee meeting Montgomery Liaison Committee meeting Charles County Liaison & Chamber PGM meeting

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21 Home Builders Care Foundation Board meeting

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26 Record Plat Committee meeting

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27 Dry Utilities Committee meeting Prince George’s Liaison Development Process Subcommittee P&P Ad Hoc Committee meeting

10 Commercial Builders Council meeting Green Building Committee meeting

28 MNCBIA Board of Directors meeting General Membership Dinner & 2010 Installation

14 WSSC Liaison Committee meeting Executive Committee meeting

Custom & Small Builders Council 3 Development Review Process Subcommittee (DRPS) Environmental Committee meeting

17 St. Mary’s Liaison Committee meeting Montgomery Liaison Committee meeting Charles Liaison & Chamber PGM Committees

Prince George’s Liaison Committee meeting

18 Home Builders Care Foundation Board meeting MNCBIA Board of Directors meeting

Codes & Standards Committee meeting

23 Record Plat Committee meeting 24 P&P Ad Hoc Committee meeting

11 WSSC Liaison Committee meeting Executive Committee meeting 12 DC Liaison Committee meeting 16 Real Estate/Finance Committee

19 Real Estate/Finance Committee meeting

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C V Security Inc. www.cvsecurity.com............................................................... Outside Back Cover

ATTORNEYS Shulman, Rogers, Gandal, Pordy & Ecker, P.A. .................................................14

Hockstein’s Wholesale Floorcovering www.dhockstein.com ........................................................................................11 Macris Hendricks & Glascock, PA www.mhgpa.com ...............................................................................................13 Shulman, Rogers, Gandal, Pordy & Ecker, P.A. www.shulmanrogers.com ..................................................................................14 Vintage Security www.vintagesecurity.com ......................................................... Inside Front Cover

AUDIO/ VIDEO C V Security Inc. ....................................................................Outside Back Cover ENGINEERING Macris Hendricks & Glascock, PA.....................................................................13 RESIDENTIAL & COMMERCIAL FLOORING PRODUCTS Hockstein’s Wholesale Floorcovering ...............................................................11 SECURITY SYSTEMS Vintage Security ...................................................................... Inside Front Cover

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The perfect f balance off

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www.cvsecurity.com

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