June 2007 Newsletter

Date:
Place:
Address:
Time:

Wednesday, June 13, 2007
Water Street Landing
115 South Water Street, Lewiston
5:30 pm Board of Directors Meeting (please be prompt)
6:30 pm Cocktails (cash bar)
7:00 pm Dinner Meeting
 

* Please RSVP to the NCBA office by Friday, June 8th if you plan to attend.

The weather has finally turned beautiful, and we are looking forward
to a busy but fun summer season. Our May 16 meeting at the Como
was well attended, despite a scheduling conflict with game 4 of the Sabres-Ottawa playoff series. It was especially great to see a few of our new members in attendance. V.P. Bob Minkiewicz reported on the success of our Direct Drive campaign, and gave awards to Gary DiMatteo and Scott Leaderstorf from Rosal Homes, Larry Quigliano and Tim Lewis for bringing in new members. We heard reports on the Parade of Homes, New York State activity and our summer picnic. Plans are underway for our Golf Outing on July 9th and the Summer Picnic on Tuesday, August 14. The picnic date is two days earlier than was originally announced, so please be sure to mark your calendar. See details on both the golf and the picnic in this newsletter. PLEASE NOTE: We need volunteers
to help with the golf outing and picnic. Call Cathy at 693-5736 if you can help with sponsors, gift s or ticket sales.

Scott Cottrell has had a promotion with MIG, but it will require him moving to Erie, PA by September 1. Congratulations, Scott! We will miss you. Scott’s leaving creates an opening on our Board of Directors. We also approved the appointment of Jerry O’Neill as our new Executive Officer, replacing John Ennis, who resigned last month.

Our speaker for the evening was Michael Gold, a Niagara Falls attorney who specializes in Elder Law issues. Our thanks to Michael for a very interesting and informative presentation. The article below outlines his talk.

At our April board meeting we had voted to postpone the Parade of Homes Show until the spring of 2008. We felt that time was just too short to properly do a show in the fall. A new Request For Proposal is being sent to Niagara County developers. If you are aware of any sub-divisions that would make a good site for the show, please call Bill Burg at 297-1118, or the NCBA office, 693-5736.

  Larry Quigliano II
NCBA President

Our May meeting at the Como provided some of the most important advice many of us will receive this year. Niagara Falls attorney Michael A. Gold outlined some of the steps we need to take in order to protect our loved ones and their assets. First, and really quite simply, every one of us should have, in addition to a Will, three other important planning documents: a Durable Power of Attorney, a Health Care Proxy and a Living Will. Th e Durable Power of Attorney and the Health Care Proxy let an agent take care of your fi nancial needs and health care needs in an emergency. Th e Living Will allows an individual to specify which treatments he or she does or does not wish to receive if the person is in a terminal condition or a persistent vegetative state. Mr. Gold advised against using forms, stating that seniors need special provisions in their documents so that their family members will be able to give them greater protection.

With nursing home costs in Western New York averaging about $7,300 per month, having to put a parent or loved one in a nursing home can deplete savings very quickly. New Medicaid rules make it far more diffi cult to protect savings from being lost to nursing home costs, but there are still some things we can do. Mr. Gold said that there are new cutting edge strategies that will allow a family to protect savings even if a person is already in a nursing home. He also talked about Irrevocable Trusts, such as MITS and FITS to protect savings. While this subject can be very confusing, Mr. Gold did a great job of helping us to understand how important these issues are to all of us.

It used to be a common strategy for parents to sign their home over to a child, with the understanding the parents can stay in the home for their entire lifetime. Th is is called a Life Estate, and still can be a good strategy to protect the house. Th is allows parents to retain tax benefi ts such as the STAR program or veteran’s benefi ts. However, under new Medicaid rules, the house transfer must now be done at least 5 years before a parent needs nursing home care. While there are exceptions to this rule, they are very limited.

One of the newest strategies available to families is a Personal Care Agreement. Th is permits loved ones to be paid to take care of family members and even to be given advances of well over a $100,000 in an appropriate case. Mr. Gold stated that this can be one of the best strategies to use when a family member is likely to need nursing home care within two years.

Several members had questions for Mr. Gold. Others related their personal experience with these issues, and reinforced the importance of addressing them very early. Mr. Gold’s practice is at 256 Th ird Street in Niagara Falls, and his phone number is 285-2267. He will be happy to talk with any NCBA member about these issues.

Mark July 9th on your calendar for a day of fun and relaxation at our annual golf outing, which is scheduled for Monday, July 9th at Niagara Frontier Country Club in Youngstown. Th e invitation is included with this newsletter. Get your foursome together and make your reservation for a tee time. We also need some help donating prizes for the event, and working on the committee. If you can help with arrangements, getting sponsors, prizes, etc. call the NCBA offi ce at 693-5736. See you on the golf course!

4th hole at NFCC

Tuesday, August 14th is the date for our 2007 picnic at Gratwick Riverside Park in North Tonawanda. Th is new location is a beautiful spot on the Niagara River, with a large pavilion. All of the usual activities will be included – lunch and dinner, door prizes, our famous nail driving contest and other games. Our caterer will be off ering the usual burgers, sausages, clams, etc. for lunch, and a great steak dinner later on. Come for the aft ernoon, come for the evening, or plan your whole day around this fun event.

We are having a problem giving our meeting restaurants a good count of the number of people planning to attend. Th is can result in our paying for more dinners than we actually use, or not being set up for enough places at the table. Ideally, we would like every member to call or email us each month with your intentions for the meeting. Please call Cathy at 693-5735 and let her know whether you WILL or WILL NOT be attending the next meeting on June 13, and remember to call Cathy every month with your RSVP. Th is will help us immensely so we can give the restaurant an accurate count. THANK YOU!

DONNA TISDALE
Celebrated her
70th birthday in May,
and won $$$ while doing so!
JOE PAOLINI
was married to
Natalie Zuccari
on May 19th

The NAHB is inviting Energy Star builders to apply for the Energy Value Housing Award (EVHA). This is the nation’s preeminent energy efficiency award, honoring builders who voluntarily incorporate energy efficiency into all aspects of new home construction. Builders submit detailed applications in any of five categories (Affordable, Custom/Demonstration, Factory-Built, Multifamily, Production) in one of three climate regions (Cold, Moderate, Hot). A panel of industry experts evaluates the applications and selects winners based on Energy Value, Design, Construction, Marketing and Customer Relations, and Energy Programs. Only two New York State homebuilders have been awarded the EVHA designation.

Details on the EVHA award program, including eligibility criteria and instructions for applying can be found on the NAHB website at: http://www.nahbrc.org/evha/overview.html. Entries must be postmarked by July 27, 2007. The entry fee for the EVHA is $100 per entry. A company may submit only one application in each category, for a maximum of five applications.

The NAHB Energy Subcommittee founded the EVHA program in 1996. Now in its 13th year, the EVHA has received 451 applications and honored 195 of those as EVHA winners. Th e EVHA is funded primarily through the U.S. Department of Energy Building America program with additional support from private-sector sponsors.

The move to more energy efficient homes has been gaining momentum in the homebuilding industry for years. Owners of energy-efficient homes express a much higher level of satisfaction with their new “green” home than they ever had with their older, less efficient homes. Reduced operating and maintenance costs, better indoor air quality and improved comfort are the major factors cited by homeowners.

For the 120 million existing homes in the U.S., remodeling is the only way to incorporate green. Remodeling contractors can take advantage of the move toward green homes by off ering improved energy effi ciency in remodeling projects. “Selling up” to Energy Star levels in home remodeling will not only improve the contractor’s bottom line, but it will also result in much better customer satisfaction.

Improved insulation, Energy Star rated windows and appliances, high-efficiency heating and air conditioning equipment, and using caulk and weatherstripping to seal gaps are some of the most common energy improvements. Low-flow water fixtures, tankless water heaters and improved control systems are additional measures to improve energy efficiency.

For more information on this topic, go the National Association of Home Builders (NAHB) website at www.nahb.org/remodel.

FIRE SPRINKLER MANDATE DEFEATED:

The mandate to require fire sprinklers in all newly constructed single-family homes was defeated at the ICC hearings on Tuesday, May 21st. The strong campaign by NAHB, NYSBA and New York State’s 16 local affiliates proved successful. Thanks to everyone who contributed by reaching out
to voting officials, speaking with the press and attending the ICC hearings. A special thanks to Rick Herman, executive officer of the Rochester Home Builders Association, his members and RHBA staff for all of their extra eff ort and hospitality.

REGISTRATION OF HOME IMPROVEMENT CONTRACTORS
(A.347 Pheffer)

Philip LaRocque recently testifi ed before the New York State Consumer Protection Board on the issue of home improvement repair contractors. His testimony will be available on the NYSBA member website. At this hearing NYSBA made an impact with our discussion on enforcing the current contract law, our codes of ethics, illustrating how a consumer should go about fi nding a
reputable contractor and stressed NYSBA’s commitment to education for both the consumer and contractors through NAHB’s University of Housing Designations.

THE PREVAILING WAGE BILL
(S. 1694 Maziarz/A. 2713 John)

This bill has passed the senate and is still on calendar in the Assembly. NYSBA is negotiating with the Governor and both houses. Governor Spitzer has committed to signing this bill when it is sent to him. We let Phil LaRocque, NYSBA Executive Vice President, know about our conversations with Senator George Maziarz, who sponsored this bill. Senator Maziarz assured us that his intention for this legislation was not meant to impact the homebuilding industry. He promised to check on it and get back to us.

LEGISLATIVE UPDATE: NYSBA EVP

Philip LaRocque has met twice with Assemblyman Sam Hoyt, the Chairman of the Local Government Aff airs Committee to discuss the VESTED RIGHTS bill (S.3852 Flanagan/A.6023 Bradley). Th is bill is currently in Assemblyman Hoyt’s committee. NYSBA and the NCBA have
opposed the bill, because there appears to be room for interpretation that this could even eff ect development work being done on new sub-divisions.

It is imperative that you know your representatives in Albany. Communicating with them and their offices on all of the key issues affecting our industry is the only way that you can have input on legislation that affects you. Below is a list of local representatives for our district and the adjoining districts:
 

State Senator George Maziarz, 62nd Senatorial District
Email: Maziarz@senate.state.ny.us
District office: 2578 Niagara Falls Blvd., Suite 600
Wheatfield, NY 14304 (716) 731-8740
Albany office: 915 LOB, Albany, NY 12247
(518) 455-2024

State Senator Antoine Thompson,
60th Senatorial District
Email: athompson@senate.state.ny.us
District office: State Office Bldg.,
65 Court Street, Room 213
Buffalo, NY 14202 (716) 854-8705
Albany offi ce: 615 LOB, Albany, NY 12247
(518) 455-3371

State Senator Mary Lou Rath, 61st Senatorial District
Email: Rath@senate.state.ny.us
District office: 5500 Main Street, Suite 260
Williamsville, NY 14221-6737 (716 )633-0331
Albany office: 310 LOB, Albany, NY 12247
(518) 455-3161

State Senator Dale M. Volker, 59th Senatorial District
Email: Volker@senate.state.ny.us
District office: 4729 Transit Road, Suite 5
Depew, NY 14043 (716) 656-8544
Albany office: 427 State Capitol Bldg.
Albany, NY 12247
(518) 455-3471

Assemblywoman Francine DelMonte,
138th Assembly District
District office: 1700 Pine Avenue,
Niagara Falls, NY 14301
(716)282-6062
Albany office: LOB 553, Albany, NY 12248
(518)455-5284

Assemblyman Sam Hoyt, 144th Assembly District
District office: Donovan State Office Bldg.,
125 Main Street
Buffalo, NY 14203 (716)852-2795
Albany office: LOB 454, Albany, NY 12248
(518) 455-4886

Assemblyman Robin Schimminger,
140th Assembly District
District office: 3514 Delaware Avenue,
Kenmore, NY 14217
(716) 873-2540
Albany office: LOB 847, Albany, NY 12248
(518) 455-4767

Assemblyman Jim Hayes, 148th Assembly District
Email: hayesj@assembly.state.ny.us
District office: 5555 Main Street, Amherst, NY 14221
(716) 634-1895
Albany office: 444 State Capitol Bldg.,
Albany, NY 12248
(518) 455-4618

Assemblyman Stephen Hawley,
139th Assembly District
District office: 121 North Main Street, Suite 100
Albion, NY 14411
(585) 589-5780
Albany office: 433 LOB, Albany, NY 12248
(518) 455-5811