September Right Angle

Auction Oct. 7th see Page 14 September 2013

Kick Off Fall with MABA Badger Themed Tailgate Party Join MABA in kicking off fall with a Badger themed tailgate party!

Brats, beer, football & camaraderie, everything a tailgate should be!

Bring a few prospective members to the party and show them what MABA is all about—fostering relationships to promote and grow the building industry.

No cost to attend the event! Register in advance to be entered to win a Badger Ticket Tailgate package provided in part by Gerhards and Sconnie. REGISTER NOW: www.maba.org Monday, September 9, 5-8pm - MABA - 5936 Seminole Centre Ct.

Issue 8

Inside 3

Message from the President

4

What’s Happening

5

Member News & Notes

7

Member Insight: Become a Spike

8

Member Insight: The Joy of Enterpreneurship

9

Madison is #1

10 90° and Still Swinging 12 Welcome New Members 14 Member Insight:

Don’t Miss the Auction 15 Government Activities Calendar 18 July Permit Data

www.maba.org

SG right angle ad 2012.qxd:Layout 1

11/12/12

6:49 PM

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our cup

runneth

ove r

Our most sincere and humble gratitude to our clients, colleagues, and staff! Smith & Gesteland was voted Madison’s #1 CPA firm for the EIGHTH year in a row by the Executive Register Members of In Business magazine.

608-836-7500 www.sgcpa.com

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September 2013

President’s Message I hope you’ve had as great of a summer as I’ve had. There are some great events coming up and you’ll notice some changes in what we are doing, different than the routines or traditions we’ve had. While we ended up cancelling the August Gathering at the Grove event, last night I attended Abe Degnan a joint Association event at the NARI office which included Degnan Design MABA and a bunch of other industry associations. This Builders, Inc. social event was also a recruiting opportunity—both to see if there were any of the other association members interested in MABA and a prospective new member company that I invited was there as well. We have a lot of companies that overlap in membership, but there are others who should be members of MABA and are not yet. Since NARI moved into a building adjacent to us, it was a great opportunity to do something together with them.

Did you go? I’d love your feedback.

Meanwhile, here’s the next big thing: We’re not doing the traditional Evening Membership Meeting in September. Instead, we’re doing a free event, the MABA Tailgate Party at the MABA office, on September 9th from 5-8. It’s free for everyone—what a great opportunity to bring some people that you want to recruit into membership! Monday night football will be on the big screen, there will be food, beer and celebrities! Again this is FREE but we do want you to sign up at maba.org so we can plan for the right number of people– click on the picture of Bucky Badger on the home page.

We want your feedback about this event change as well. Would you like us to do more if this type of event? Should we still have some of the Evening Membership Meetings that have traditionally been held at Fitzgerald’s for the last several years? Should we move these around to different locations and different evenings? Should we keep them on Mondays, switch to another evening (Thursday?) or have them on changing evenings, not always the same night of the week?

Our October event is the Silent Auction. We’re changing this event again— maybe “back to the future”! We held a joint event with the Realtors for 2 years, but this year we are back to a MABA-only event. Mark your calendar for October 7th from 5-8 PM. And this is a big deal too—we’re holding it at Bishop’s Bay Country Club this year.

So I’ll ask for your help here: We need items donated for the silent auction. We need people to make phone calls to solicit donations. And we need people there – members, non-members, employees, friends—anyone who will enjoy the event is welcome to be there! You’ll be able to see the signature auction items online at www.maba.org/auction2013 as we get closer. Admission is $10 at the door and that fee is redeemable toward items that you buy there.

Keep your eyes out for the educational offerings that we’re offering. I missed the Mock Trial while I was on vacation and I heard there were over 40 people there. Again, do you like this new format? Will it be most effective for MABA to focus on these smaller events attracting 20 or 40 people?

Your participation, feedback, and ideas are appreciated. Help to improve yourself, your business, and MABA! We’re strong together.

September 2013

2013 Leadership

MABA Officers President President-Elect First Vice President Treasurer Secretary Immediate Past President MABA Directors Dan Beal Mark Brehmer Harvey Kessel Ken Kurszewski

Executive Director Amber Schroeder

Abe Degnan Justin Temple Harvey Kessel Andy Inman Angie Kieta Mike Vilstrup Chuck Elliott John Schwingle Don Tierney Andy Voeltner

MABA Mission Statement The Madison Area Builders Association is a nonprofit trade organization comprised of members representing all aspects of the building industry.

• MABA promotes a positive business environment by uniting its members and serving the community; • MABA’s services and activities foster the professionalism of its members and provide a forum for education and information exchange for the benefit of the industry and the communities its members serve; • MABA monitors and exerts influence upon issues and regulations affecting the housing industry, particularly those related to availability and affordability.

Right Angle Newsletter The The official newsletter of the Madison Area Builders Association 5936 Seminole Centre Ct, Madison, WI 53711 Phone: 608-288-1133 • Fax: 608-288-1136 Web: www.maba.org

STAFF WRITERS Andrew Disch Sandi Kegebein

The Right Angle is published 11 times per year. Notice of local, state, and national programs/events is a service to MABA members. Such notices do not indicate MABA endorsement or sponsorship unless specifically noted. The acceptance of advertising in The Right Angle does not indicate approval or endorsement of the advertiser or the advertiser’s product by MABA. MABA makes no warranties and assumes no responsibility or completeness of the information contained herein.

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2013 Sponsors

What’s Happening

Gold

Public Relations Committee Noon, September 5

Capital Newspapers

Silver The Community of Bishops Bay Dave Jones, Inc. FireSide Hearth & Home Wisconsin Building Supply

Bronze First Choice Drywall, Inc. Gerhards Hottmann Construction, Inc. Pharo Heating & Cooling, Inc. Wisconsin Bank & Trust

Kick off Fall with MABA Tailgate Party September 9 Program & Education Committee Noon, September 10 Putting the WOW in your Website MABA Office | September 17 Board of Directors Noon, September 18 Housing Discussion Group 8:30 a.m., September 4 Government Affairs Committee 10:30 a.m., September 4 Membership Committee Noon, September 25 PAC Fundraiser Event Bishops Bay Country Club 5pm | October 7 Evening Membership Meeting Fitzgerald’s | November 4 Spike Appreciation Dinner Olbrich Gardens | November 13 Holiday Party & Installation Dinner 5100, McFarland | December 2

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September 2013

Member News & Notes Hottmann Construction will be relocating to the Springfield Corners Commercial Center, near the highway 12 and 19 intersection, in September. Their new Fairway Independent 15,000sf building is Mortgage Corp. located at 6156 Darlin teamed with Boot Drive, Dane, WI 53529.

Campaign & the Military Warriors Support Foundation to honor U.S. Army Sargent Michael P. Branley with a mortgage free home.

Congratulations to Classic Custom Homes of Waunakee, Inc. who recently received the Badger Craftsman Award for “Best Whole House Remodel.�

September 2013

News, Accolades, Announcements or Promotions; send it to skegebein@maba.org

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Duren v. Brehmer Plantiff Duren wins over jury. Defendent Brehmer voted an unreasonable home owner.

MABA’s Mock Trial, sponsored by Axley Brynelson, LLP, attracted over forty to the jury box. Members of the jury learned the importance of contracts and how not to end up in court. Representatives from Axley Brynelson educated the audience on the necessity of contracts, details of Wisconsin’s Home Improvement Practices Act and the importance of getting every aspect in writing.

Judge Procter listened intently to the testimony

The jury hung on every word then discussed further over cocktails

Plantiff Duren and Defendent Brehmer wait patiently for the verdict.

Axley’s Tyler Wilkinson was the defendent’s lawyer and retired Judge Pat Fiedler was the plantiff’s

w w w. b i r r e n k o t t s u r v e y i n g . c o m Daniel V. Birrenkott, RLS

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September 2013

Member Insight

Become a Spike

What’s a Spike? So glad you asked! A Spike is a MABA member who has earned at least six NAHB Spike Points by recruiting new MABA members (1 point each) and also by working to ensure their membership renewal year after year (1/2 point for each renewal).

The MABA Spike Club is made up of over 100 of MABA’s most dedicated and influential members.

These members are rewarded for their commitment to the association with special event invitations including an invitation to the national Spike Party at the International Builders Show. Additionally, MABA hosts a dinner for its Spike Club every fall at a special venue to allow for relationship development amongst many of our most devoted members. This year, MABA’s Spike Dinner will be held at Olbrich Gardens on November 13 from 6:00-9:00 p.m.

I bet you’re thinking it’s too late—I can’t recruit six new members before November 13. Well, I have good news for you! In October, MABA is hosting a Membership Drive during which NAHB is rewarding each new member recruited with three points. This means if you can bring in two new members in October, you’ll be eligible to join us at this year’s Annual Spike Dinner!

Consider bringing a prospect or two with you to our Kickoff Fall with MABA event on September 9 to introduce them to the association. Send your prospects an e-copy of the Right Angle so they can see what it’s all about. I’m confident if we work together to grow our association, November’s Spike Dinner can be our largest and most meaningful yet!

Andy Voeltner Chair of MABA’s Membership Committee and a member of the Board of Directors

Plumbing Heating and Cooling Geothermal New Construction and Remodel

(608) 222-8490 “One Call Does it All” www.davejonesinc.com September 2013

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Member Insight The Joy of Enterpreneurship I founded Kayla’s Custom Cleaning, LLC as a sole proprietor in 2001. The answer to why is simple: it is in my blood; I was born to clean. My grandmother cleaned homes until she was 93, my mother cleans her house top to bottom every day, my brother blows dirt out of his house with an industrial strength fan and my father is a compulsive organizer. I love to work and I love to clean. I believe a clean home brings people great joy, and I am passionate about providing that feeling for my clients.

HARD WORKS HAS BENEFITS When I first started my business entrepreneurship meant a lot of elbow grease and tons of networking As my business grew and things changed, it became essential for me to stop cleaning.

That was one of the hardest challenges I’ve faced. Cleaning gives me great joy and the thought of giving that up felt like giving up what I loved about the business.

DECISIONS MADE EASIER It has been a little over a year and a half since I made that transition. After a few temper tantrums, I saw the light. Working on your business versus in it is very, very exciting. I now am working on tweaking all of the little parts that make our service work better, researching new services and products. I am full of ideas, passion and satisfaction. I love my job even more.

PERSONAL GROWTH For me the definition of entrepreneurship now is the ability for me to go to work every day and do what I love, see team members that make me smile and put smiles on the faces of all our customers.

It is also about providing our team with personal development. We build our team members so they have more tools in their tool belt before they started so they can have improved lifestyles. It is about giving back to the community, making donations and volunteering.

It’s a lifestyle, it’s a passion and it’s a legacy.

Kayla Storlid Owner

Contact Kayla to learn more about her enterpreneural spirit and share ideas.

(608) 345-4549 kayla@kaylascustomcleaning.com | www.kaylascustomcleaning.com Kayla’s Custom Cleaning, LLC | 5016 World Dairy Drive | Madison, WI 53718 http://www.facebook.com/pages/Kaylas-Custom-Cleaning-LLC

Have insight on a hot topic? Contact Amber Schroeder at (608) 288-1133 ext. 12 | schroeder@maba.org 8

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September 2013

Madison: The Place to Achieve the American Dream National accolades add support that the Madison area is a prime destination for consumers to pursue the American dream of owning a home. In the past year, Madison has been ranked amongst the top ten in the following categories by several different magazines and online sources: • Best City for Families (Parenting Magazine) • Best Small City to Live (creditdonkey.com) • Best Place to Retire (Huffington Post) • Best Run City in America (Wall Street Journal) And the list goes on and on! This national recognition echoes the positive momentum of the housing industry here in the Madison area. Sales of both new and existing homes continue to rise year-overyear and the recent sharp increase in the median value of our area’s homes demonstrate that owning a home is one of the best investments a consumer will ever make. Our area’s high quality of life coupled with historically low interest rates are now unleashing the pent up demand for new housing that had developed during the recession. As a result, building permits in Dane County are on pace to hit their highest number since 2007. Meanwhile, Wisconsin is moving up many, if not all, of the state business climate rankings. Bankrate.com recently released a report showing Wisconsin had the lowest closing costs in the country.

How can we as an industry use these facts and rankings to help more people achieve the American dream—owning their own home?

Amber Schroeder, Executive Director

(608) 288-1133 ext. 12 | aschroeder@maba.org

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September 2013

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Even 90° Couldn’t Keep Them From Swinging Golfers battled the heat and humidity for the thrill of the game, chances to win fabulous prizes from our wonderful sponsors and raise funds for many worthly charities. Thank you to everyone who took the time out of their busy schedules to hang out with us at Lake Windsor Golf Club. We had such a great time and we just can’t wait for next year’s outing.

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September 2013

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A = Associate Member B = Builder Member AFIL = Affiliate Member

Membership Report

The MABA Online Directory at www.maba.org is updated daily.

Please welcome the following new members.

Greg Schaffer (A)

Aprilaire 1015 E Washington Madison, WI 53703 Phone: (608) 310-5157 Fax: (608) 257-4357 Type of Business: Air Cleaners & Exchangers, Humidifiers, Zone Control Sponsor: Dawn McIntosh Ambassador: Steve Anderson

Todd Buhr (A)

Cedar Corporation 2820 Walton Commons W, Ste 142 Madison, WI 53718 Phone: (608) 354-0037 Fax: (608) 249-5824 Type of Business: Land Surveyors, Engineers, Architects Sponsor: Jessica Duren Ambassador: Jessica Duren

Debra Everly (A)

Milwaukee Lead/Asbestos Information Cntr 741 Lois Drive Sun Prairie, WI 53590 Phone: (608) 318-2266 Fax: (608) 318-2299 Type of Business: Environmental Consulting, Safety Products Sponsor: James Talbi

John Kennedy (A)

Somerset Home Planning of Madison, LLC 2810 Crosseroads Dr Ste 4000 Madison, WI 53718 Phone: (608) 467-4455 Fax: (608) 467-4460 Type of Business: Designers, Home & Building Sponsor: Don Esposito

Dennis Lentz (A)

Weekes Forest Products 2100 Pewaukee Rd Ste D Waukesha, WI 53188 Phone: (262) 446-0119 Fax: (608) 446-0351 Type of Business: Lumber, Material Wholesaler, Siding Sponsor: Mary Ellen Smith 12

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Jeff Waugh (A)

Trillium Construction Services 4868 High Crossing Blvd Madison, WI 53704 Phone: (608) 661-7909 Fax: (608) 661-7905 Type of Business: Labor Organizations, Labor Services Sponsor: Ken Kurszewski

Beth Wagner (A)

Daniel Lowery (AFIL)

Tim O’Brien Homes 4868 High Crossing Blvd Madison, WI 53704 Phone: (608) 661-1100 Fax: (608) 661-1110 Type of Business: Building & Improvements Sponsor: Don Esposito Ambassador: Chuck Elliott

Melaleuca 6406 Odana Road Madison, WI 53719 Phone: (608) 513-9705 Fax: (608) 831-9750 Type of Business: Cleaning Supplies & Equipment Sponsor: Tyler Smith Ambassador: Tyler Smith

Chris Holhstein (B)

Kevin Kleckner (B)

Karl Fels (AFIL)

Igor Milovets (A)

Sam Mills (A)

Ambiance Homes, Inc. 5838 Grassland Terrace Marshall, WI 53559 Phone: (608) 225-4594 Fax: (608) 318-1053 Type of Business: Building & Improvements, Remodelers Sponsor: Bob Renforth Nakoma Electric Inc. 1611 Norman Way Madison, WI 53705 Phone: (608) 628-4992 Fax: (608) 467-5779 Type of Business: Electrical Contractors Sponsor: Brian McKee Ambassador: Angie Kieta

Tom Thayer (B)

Tri-North Builders, Inc. 2625 Research Park Drive Fitchburg, WI 53711 Phone: (608) 271-8717 Fax: (608) 271-3354 Type of Business: Building & Improvements Sponsor: Robin Pharo Ambassador: Steve Anderson

Tim O’Brien Homes 4868 High Crossing Blvd Madison, WI 53704 Phone: (608) 661-1100 Fax: (608) 661-1110 Type of Business: Building & Improvements Sponsor: Don Esposito Tim O’Brien Homes 4868 High Crossing Blvd Madison, WI 53704 Phone: (608) 661-1100 Fax: (608) 661-1110 Type of Business: Building & Improvements Sponsor: Don Esposito James Hardie Building Materials 231 S LaSalle Street Chicago, IL 60604 Phone: (312) 361-7260 Type of Business: Building & Improvements, Siding Materials Sponsor: Angie Kieta Ambassador: Angie Kieta

Phil Sveum (A)

Coldwell Banker Success 5500 E Cheryl Drive Fitchburg, WI 53711 Phone: (608) 288-3339 Fax: (608) 276-3161 Type of Business: Real Estate Sponsor: Angie Kieta Ambassador: Angie Kieta

September 2013

September 2013

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Member Insight Don’t Miss the Silent Auction It’s important for me (all of us) to be involved in MABA’s silent auction as the funds raised go to support a candidate from either party who supports the building industry. Since the money is such a key ingredient to helping a candidate win an election it’s critical we all do our part to help since those who are opposed to what our industry wants/needs raise sizeable sums to support their candidates.

It is fun and very hard work to make all the calls I do to MABA members to raise money and donations, however it’s well worth my time and efforts as we’ve enjoyed much success with our past efforts. Please join me in making in making this year’s silent auction the best ever!!

DETAILS ON THIS YEAR’S AUCTION Monday, October 7 at Bishops Bay Country Club Bidding is from 5pm through 7:45 pm $10 entry fee is redeemable toward any item purchase.

For a look at this year’s signature items visit www.maba.org/auction2013 Donate an item valued at more than $100 and receive an invite to our special private reception with local mayors Pete Stebbins (Fairway Independent Mortage Corp.)

A long-time Auction organizer and former Board of Directors member.

If you wish to donate an item please use the enclosed insert.

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September 2013

Government Activity Calendar Tuesday, September 3 & 17, 2013, 6:30 p.m.

City of Madison Common Council* Tuesday, September 24, 2013, 7:00 p.m.

Dane Cty Zoning & Land Regulation Cmte* Thursday, September 12, 2013, 7:00 p.m.

Capital Area Regional Planning Comm City-County Building, Room 351 210 Martin Luther King Jr. Blvd., Madison Monday, September 16 & 30, 2013, 5:30 p.m.

City of Madison Plan Comm City-County Building, Room LL100 210 Martin Luther King Jr. Blvd., Madison Thursday, September 12, 7:00 p.m.

Dane County Board of Supervisors* *held at City-County Building, Room 201 210 Martin Luther King Jr. Blvd., Madison

September 2013

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DWD Clarifies on Prevailing Wage WBA has been working with our counterparts at the Wisconsin Realtor’s® Association and a mutual member on prevailing wage rates on residential infrastructure.

As you may remember, the last state budget under former Governor Jim Doyle made dramatic changes to prevailing wage laws. It required infrastructure paid for by a developer then dedicated over to a municipality be subject to under prevailing wage laws. Despite WBA’s efforts against this movement, it was signed into law by Governor Doyle.

Fast forward to 2011—all three branches of state government were controlled by Republicans.

During the deliberations of Governor Walker’s first budget, WBA was able to add a provision that said any residential subdivision’s (90% of the lots contain a one- or two- family home) infrastructure paid for by the developer then dedicated to the municipality would no longer be subject to prevailing wage laws. The budget provision signed into law by Governor Walker was silent on any determination of prevailing wage rates did not address the issue of who provided the developer’s financing.

After a number of meetings on the topic and the involvement of State Representative Chad Weininger (R-Green Bay), legal counsel at DWD determined that any infrastructure paid for by a developer in a residential subdivision, regardless of who was providing the financing, was not subject to prevailing wage rates. With teamwork, this law change has a positive impact on the affordability of new subdivision lots.

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September 2013

Government Affairs Corner SUPREME COURT SCORES AN ASSIST FOR DEVELOPERS

Ruling prevents landowners from being held hostage by permitting officials The recent Supreme Court decision in Koontz v. St. Johns River Water Management District reinforced the constitutional safeguards that protect landowners against coercive government regulatory authority when conditioning land use approvals. The NAHB filed a “friend of the court” brief to the Supreme Court supporting Koontz’s position; the Supreme Court released its opinion in favor of Koontz earlier this summer.

WHAT THIS CASE MEANS TO THE BUILDING INDUSTRY In the initial stages of lot development in Wisconsin, developers bring plans forward to the local government body for approval. While analyzing the plans for approval, often times the local government will negotiate concessions that benefit the municipality in exchange for the opportunity to develop. The final negotiation arrangement is embodied in a Developer’s Agreement between the municipality and the developer. Typically the municipality will extract concessions (called “exactions”) like the developer covering the costs to install streets, curbs, and sewage system expansions to accommodate the new development. In more abusive cases of government exactions, developers have been asked to purchase the municipality fire trucks. Amazingly, the majority of the costs to develop a residential lot are in the related infrastructure costs rather than the cost of the land itself.

Over time municipalities have used their leverage to negotiate concessions from developers that are not associated with the development itself (like fire trucks); however these demands are limited by the U.S. Constitution. The holding of the Koontz case ensures safeguards against local governments requiring unrelated and overly burdensome exactions of land (easements) or money from developers during the permitting approval process.

CASE SUMMARY Supreme Court case law requires that there be a “nexus” and “proportionality” between a government’s demands on the local developer and the development’s proposed use. Here, Koontz sought to develop a segment of his Florida property where he would need to fill a portion of a wetland to make it suitable for development. In exchange for the approval, the local planning district required Koontz to make concessions which included paying money to the city in order to improve the quality of wetlands located several miles away from the proposed development. Koontz did not capitulate to this demand and instead sued the local planning district on constitutional grounds. The court sided with Koontz thereby creating constitutional standing when a permit was denied, whereas prior, a developer could only show an injury to gain constitutional standing after they agreed to the exaction and the permit was approved. Overall, this decision was a big win for the building industry because it will deter unreasonable demands for exactions and it significantly expands property-owners standing to challenge conditional land use requirements including excessive fees.

Andrew Disch, J.D. Director of External Relations

(608) 288-1133 ext. 14 | disch@maba.org

September 2013

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Dane County July Permit Data MTD Marketing Services of WI, Inc. Contact:

Dominic Collar (920) 385-0759 Information contained in this report is not to be distributed in whole or part without express written permission of MTD Marketing Services LLC.

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September 2013

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September 2013

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PRSRT STD U.S. POSTAGE PAID MADISON, WI PERMIT NO. 1222

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Please Remember to “Do Business with a Member.”

September 2013