4410 Fairway Boulevard • Wichita Falls, Texas 76308

Phone (940) 692-2211 • Fax (940) 692-2214

Volume 4, No. 9 Wichita Falls, Texas September 2011

PRSRT STD US POSTAGE PAID WICHITA FALLS, TX

PERMIT NO. 491ReporterNORTH TEXASHOME BUILDERSASSOCIATION

ADDRESS SERVICE REQUESTED

SEPTEMBER 1, 2011 · 11:30 A.M. Wellington Banquet & Conference Center

5200 Kell Blvd

SPEAKER: Ned MuñozTexas Association of Builders Vice President of RegulatoryAffairs &

General Council

GENERAL MEMBERSHIP MEETINGNorth Texas Home Builders Association

DOUG McCULLOCHPresident

Policymakers who are considering whether to eliminate or cut the mortgage interest deduction to reduce the federal deficit should think twice before taking an action that would harm the nation’s 75 million home owners, including millions of seniors who no longer utilize the deduction but still depend on it to secure their future.

Most economists agree that eliminating or scaling back this vital housing deduction would cause home values to drop. This would trigger a vicious cycle: More home owners would have mortgages larger than their property value, which would fuel even more foreclosures and place even more downward pressure on home prices.

This cornerstone of American housing policy has been in place since the inception of the tax code nearly 100 years ago and supports the aspirations of families at all income levels to become home owners and to build long-term household wealth and financial stability.

Changing the rules now by eliminating or curtailing the deduction would be unfair. Not only would it take money out of the pockets of those home buyers who rightfully counted on the deduction being there when they needed it, but millions of baby boomers nearing retirement and seniors who own their homes outright would also be penalized.

Those looking to use the proceeds from their home to move into a retirement community, help defray health care costs or to fund other long-term obligations may find that declining home values will shrink their retirement nest egg and force them to keep working and stay put because they can’t afford or are unable to sell their current home.

Government doesn’t have the right to make changes in housing policy that hurts seniors after they

have played by the rules and made the sacrifices to get where they are. Lawmakers looking to target the deduction

would be well-advised to heed the interests of this potent voting bloc; otherwise they could be in for a rude awakening in the 2012 elections.

CHRIS•DOCKMAN•COMPANY2071 FM 171

Wichita Falls, Texas 76305Phone & Fax (940) 767-9710

Cell (940) 704-3471 Jerry Fillmon, Owner/Manager

Lane Landes, Owner

2801 Kell East

Wichita Falls

Texas 76308

Phone (940) 692-5734

Fax (940) 692-0391

tco@wf.net

TAX CHANGE WOULD HARM SENIORS

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WHERE

2011 International Ground Source Heat Pump Association Conference and Expo

WHEN

Tulsa, Oklahoma • October 5-6, 2011

AGENDA

OCTOBER 3-5Accredited Driller Workshop & Conference (includes conference October 6)

OCTOBER 3-6 Accredited Installer Workshop & Conference

OCTOBER 6Certified GeoExchange Designer Workshop and Conference (includes conference October 5)

For more information: www.igshpa.okstate.edu

GENERAL MEMBERSHIP MEETING ................................................................................................ September 1, 2011 • 11:30 AMLABOR DAY (NTHBA OFFICE WILL BE CLOSED) ............................................................................ September 5, 2011MEMBERSHIP, MEETINGS & EDUCATION COMMITTEE ................................................................. September 13, 2001 • 10:00 AMPARADE OF HOMES & SPECIAL EVENTS COMMITTEE .................................................................. Sepetmber 14, 2011 • 10:00 AMBUDGET & BY-LAWS COMMITTEE ................................................................................................ September 20, 2011 • 9:15 AMBOARD OF DIRECTORS ................................................................................................................ September 21, 2011 • 11:00 AM

Calendar of Events

Ralph Dunkelberg IIIVice President

Mortgage Services

1401 Holliday • Wichita Falls, TX 76301

940-720-8054 • Cell 940-704-1789

Fax 940-720-8071

Email ralph.dunkelberg@usfcu.us

BRYAN WAGGONER

3907 Kell Boulevard • Wichita Falls • Texas 76308(940) 691-3641

Fax (940) 691-3643 • (800) 466-3642 E-Mail bryanl@waggonercarpetone.com

5828 Ashleyanne Circle, Suite B

(940) 691-4212

Come see our Mexican Talavera Sinks and Matching Toilets!

8am to 5pm

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August 17, 2011 - The Environmental Protection Agency’s decision today to reconsider the imposition of a nationwide cap on how much sediment can be part of the stormwater draining from a construction site is a nod to the importance of sound science – and a big victory for home buyers, according to the National Association of Home Builders (NAHB).

The agency’s announcement comes more than 18 months after NAHB sued EPA over its first proposal to develop a numeric limit for the turbidity, or cloudiness, of stormwater discharges, which the EPA voluntarily withdrew recognizing that it was not legally defensible.

In addition, NAHB estimated that attempting to comply with the regulations would carry a $10 billion annual price tag – stunting new home production and forcing costs up for home buyers.

Today, the agency announced that it still couldn’t justify any specific limit and will start over again. EPA will talk to home builders, environmental scientists and other members of the public to gather better data – a solution that NAHB has advocated for more than three years.

“EPA set a numeric limit for water cloudiness that was based on flawed analyses,” said NAHB Chairman Bob Nielsen, a builder in Reno, Nevada.

Both the Small Business Administration and the federal Office of Management and Budget had warned EPA that the regulation would not hold up, joining NAHB in voicing concerns about the monitoring and sampling requirements.

“In its calculations, EPA relied on questionable data, including figures obtained from the vendors that would have supplied the expensive systems home builders would have been required to use.

That’s no way to come up with national policy,” he said.Because terrain, geography and rainfall vary significantly in

most regions of the country, NAHB has long held that a nationally applicable numeric limit is neither defensible nor practicable. “It’s our hope that EPA’s research will take that fact into account,” Nielsen said.

In the meantime, NAHB is redoubling its efforts to collect turbidity data from its members’ construction sites to help ensure that the eventual ruling makes good scientific sense.

“Stormwater management must be straightforward, affordable and workable,” Nielsen said. “That’s the only way we can continue to make progress. NAHB supports responsible development and the goals of the Clean Water Act. The association will continue to work with state and federal regulators to keep our waterways clean,” Nielsen said.

NAHB Applauds EPA Decision on ELGs

State Representative Lanham Lyne discussed a quick recap of the recent legislative session on Friday, August 5, to the members of the North Texas Home Builders Association. The luncheon was held at Coyote Ranch Resort.

He said more than 5800 bills were filed during the session. A total of 1380 passed with 1327 being signed into law by the governor. Twenty-four were vetoed and 29 were not signed but allowed to become law. Lyne said he filed four bills during the term. One was a fee bill for Midwestern State University. Another was a co-generation bill to allow people with gas compressors to run

small engines to operate without having to report themselves as a power company.

A third bill was to improve enforcement of hotels and motels in filling out certain forms. A fourth bill to help businesses didn’t pass. “I sponsored two tax bills, a fee bill and a ‘green’ bill,” he noted.

He said we are spending more state revenues now than federal revenues. This year’s legislature had to cut $15 billion from the budget to keep it balanced.

“We spent too much time passing ‘feel good’ legislation,” he stressed. “You can’t eliminate risk from everyday life. Trying to eliminate it is what I call ‘feel good’ legislation.”

He noted that his philosophy is that “the government should protect you from me and me from you. The government should not protect me from me.”

He asked the members to ask themselves this question: When I go to the city council or the legislature or county government, do I really want government involved in what I am approaching them about?

“Small businesses from throughout the state tells me: Just stay out of my business!”

He added, “It seems like government wants to protect us in all things at all costs!”

Two accomplishments were the passing of a balanced budget and the redistricting of

legislative districts. “We had 12 hours of name calling for a bill that will go to federal court for approval anyway.”

Lyne also spoke about using common sense in government and in our everyday lives. “I am very passionate about these things. It takes all of us to step up and say this is not right.”

An example of the lack of common sense in government rules and regulations concerns the amount of arsenic found in drinking water. “Arsenic is an element naturally found in nature. Currently drinking water is 99 percent pure. But government regulators want to remove the remaining one percent to make drinking water absolutely pure. But this will double or triple your water rates.”

H e a s k e d , “ W h e r e i s p e r s o n a l responsibility? People are always throwing the blame at someone else! We always want to blame someone else. That is how government works today.”

He added, “Ask yourself how much you want government to be involved in your daily life? How much do you want to pay? As a community, we are going to have to take more responsibility.”

He closed by saying that 75 to 80 percent of state income is through sales taxes. “As the economy improves, it will lead to higher state income.”

LANHAM LYNE SPEAKS TO HOME BUILDERSBy Lee Grace, Classified Writer

WINDOWS, DOORSAND MORE!

522 Beverly DriveWichita Falls, Texas 76309 723-1436

State Representative Lanham Lyne (right) is shown with NTHBA President Doug McCulloch.

2801 Midwestern Parkway, Suite 200Wichita Falls, Texas 76308

940-696-0000 phone • 940-687-1725 faxwww.fstbnk.com

THREE COMPANIES FINED BY EPA FOR FAILURE TO DISTRIBUTE LEAD SAFETY PAMPHLETS

The Environmental Protection Agency (EPA) has levied major fines on three window companies for alleged lead notification violations.

Permanent Siding and Windows in Milford, Connecticut, was fined $30,702 based on allegations that it failed to provide lead hazard information to homeowners or occupants before doing renovations that may have disturbed surfaces coated with lead-based paint.

EPA’s New England office says that Permanent Siding and Windows failed to provide EPA’s lead hazard information pamphlet to at least 17 owners or occupants before the company began renovation activities. The violations in this case allegedly took place during renovation work done between January 2006 and March 2009. Permanent Siding has certified that it is now in compliance with EPA’s Pre-Renovation rule and will submit a report to EPA later this year to demonstrate its continued compliance with this rule.

Similarly, Window World of St. Louis Inc. recently was fined $19,529 for charges that it failed to notify owners and occupants of at least 20 St. Louis area residential properties built before 1978 of lead-based paint risks prior to performing renovation work at those locations.

According to the EPA, the window replacement company was legally required to provide owners and residents of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties as part of the requirements of the Residential Lead-Based Paint Hazard Reduction Act passed in 1992.

As part of its settlement with EPA, and in addition to paying the civil penalty, Window World of St. Louis has agreed to perform a supplemental environmental project. The company will spend an estimated $20,048 to replace a total of 73 windows contaminated with lead paint at three group home facilities operated by the non-profit social services organization Youth in Need.

Jim Lomax, co-owner of Window World of St. Louis, told DWM magazine that the company “takes the issue of lead safety very seriously, and that all of its installers are EPA lead-safe certified.”

The company also clarified that “the recent fine is based on a random audit of work conducted before March 2010. The fine is specifically in regard to the distribution of lead safety pamphlets as required by the Residential Lead-Based Paint Hazard Reduction Act from 1992, not the recent Renovation, Repair and Painting rule.”

“The EPA’s recent fine against Window World of St. Louis is the result of our error in the distribution of lead safety pamphlets, not from unsafe renovation practices,” says Lomax. “We’re happy to report that we’ve resolved the issue with the EPA, and we are now back to full compliance with the Residential Lead-Based Paint Hazard Reduction Act and the recent Renovation, Repair and Painting rule.

Just a few weeks after Window World of St. Louis was fined, EPA’s Region 7 announced that Window World of Omaha, Nebraska, has agreed to pay a $3,976 civil penalty to the United States to settle allegations that it failed to notify owners and occupants of at least eight Omaha residential properties built before 1978 of lead-based paint risks prior to performing renovation work at those locations.

David Bedingfield ............................ 05David Shoop......................................07Glenn Harris ....................................08Ben Shelton ..................................... 13Randy Ketner .................................. 14Bill Holstead .................................... 18Sharon Pike ..................................... 21Bruce Jones ..................................... 21Randy Pebworth .............................27

SEPTEMBER BIRTHDAYS

NTHBA REPORTER MONTHLY ADVERTISING RATES

Always Remember to do Business with Association Members!We always have room for more ads!

Please contact NTHBA 692-2211 to set up your ad.

RWP SERVICES ´OCE of Texas

Certified Construction Elevation SurveyRandy Pebworth940-692-6117 O&F • 940-733-5339 • rwpeb10@gmail.com

FencingCustom Gates

Landscaping

Article republished with permission from DWM Magazine. “Three Companies Fined by EPA for Failure to Distribute Lead Safety Pamphlets”; published in Volume 12, Issue 4, May 2011.

NTHBA’S PERSPECTIVEAmerican people need to understand these fines are real. This is not

just a fictitious story in a best seller book. This is why it is important to be a member of the North Texas Home Builders Association. You are not just another number. The National Association of Home Builders total number of members on July 31, 2011 is 151,042. That number includes you. Your membership helps support our Texas and National Associations who have people on staff watching out for the interest of the housing industry. They meet with elected officials continuously trying to stop legislation that will be detrimental to the housing industry while also encouraging legislation that will be beneficial. They alert members when there is a call to action and keep you educated on what is going on. You are all an important part. It’s time we fight back! Get involved and voice your opinion to your local, state and national representatives. United We Stand!

R.J. WACHSMAN HOMES ................................ Randy WachsmanR.J. WACHSMAN HOMES ........................................Judy GarrettAMERICAN NATIONAL BANK .................................Bill FranklinS&H GRANITE .......................................................Jared StreichLANDMARK TITLE COMPANY ................................ Cindy DavidFIRST NATIONAL BANK .............................................Larry ParkSTONE LAKE DEVELOPMENT .............................. Bill McGregorC-21 GOLD COAT REALTORS ............................... Nelson TubbsROWLAND & DONNELL HOMES ........................Bobby RowlandWOODCO SUPPLY COMPANY .......................Charles VergauwenVIC & JAMES PAINT CENTER...................................Bruce Jones

Thanks for Renewing!

Eddie Holcomb ........................ HARMON & HOLCOMB HOMES

Welcome New Member!

Long Name. Big On Service.

1300 Tenth Street • 723-0771

We’re Here When You Need Us.Serving Wichita, Archer and Clay Counties

1920 Elmwood North Ave. • Wichita Falls, Texas 76308(940) 720-5200 • (940) 691-3199 Fax

Jean Taylor, CESA Maggie Johnson Vice President / Escrow Officer Operations Mgr. / Escrow Officer (940) 720-5202 (940) 720-5203 jeant@archertitle.com maggiej@archertitle.com

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