Table of Contents

HBAL Represented at SLGA | Salvage Ordinance Passes City Council | HBAL Members Testify in Omaha | Political Action Society
 

HBAL Represented at SLGA

By Fred Hoke, HBAL Govt. Affairs Director
December 2006
 
The State and Local Government Affairs (SLGA) meeting in New Orleans on November 9-11 featured an array of breakout sessions for over 200 government affairs members from HBAs across the country. Nebraska was represented by Allen Barber, Jim Christo, John Hoppe, Jr., Steve Peregrine and Fred Hoke.

Topics included:
• Immigration reform and its implications for the home building industry
• Eminent domain for economic development as justification for condemnation
• Leveraging philanthropy to support charitable initiatives showcasing the work of the HBA
• Opposing mandatory fire sprinklers
• Building your grassroots to maintain your political influence
• Environmental law issues with federal agencies over water bodies and wetlands
• Smart Growth bubbling up in state-level politics
• Limits to home builder-related activities and how to support open markets for home builders
• Winning Elections: Effective Strategies for Initiative and Candidate Campaigns
• Inclusionary zoning trying to close the affordable housing gap
• Impact fees and review of recent state court litigation
• Tax assessment legislation for affordable housing
• Disaster preparedness as it relates to the Stafford Act
• Creating successful green building programs
• Alternatives to Impact Fees: Innovative Infrastructure Financing Solutions
• Environmental reform priorities and environmental trends
• Focusing your governmental affairs programs, and
• "McMansions," the opponents call for using ordinances to stop meaningful development in cities.

Each of us coordinated our schedules so we could attend each breakout session. On Saturday afternoon, Hoke participated with over 30 other participants to clean up 11 properties affected by Hurricane Katrina. Following the conference, Steve Peregrine spent five days working a cleanup program with his company, Fannie Mae.

Salvage Ordinance Unanimously Passes City Council

After months of negotiations among Lincoln's salvage operators, the Lincoln Police Department, City officials and HBAL, the City Council passed a Salvage Ordinance that encourages all "collectors" to apply for a salvage permit. This permit will eliminate the necessity for salvage operators to put a 72-hour "hold" on high value metals.

This ordinance came partly as a result of the dramatic increase in the number and dollar magnitude of stolen high value metals from building sites. Electric wire and copper pipes were being stripped from partially-constructed homes. Water meters, aluminum siding, tools and concrete forms also were among those items stolen and "fenced" in the area.

The Police Department is putting the finishing touches on the Permit Form for individuals or companies collecting materials for the salvage yards. Our HBAL members, who collect their scrap materials to take to the salvage yard, are encouraged to get a permit from the police department. This $5.00 annual permit will eliminate the necessity for providing an array of ID materials and a fingerprint at the salvage yard. Without a permit, salvage dealers will need to keep these high value metals on site for 72 hours to help police identify stolen materials and use them as evidence in prosecutions.

As soon as the Permit is available in final form, HBAL will make copies available to our members.

Click here to view the Salvage Ordinance. This is Chapter 5.41 of the municipal code.

You can also visit the City Attorney's website and go to the Municipal Code.

HBAL Members Testify in Omaha

By Fred Hoke
Government Affairs Officer, HBAL
 
Rick Krueger, Brock Peters, Dean Hoag and Fred Hoke testified at the Interior, Commerce, Agriculture and EPA "Listening Session" at Omaha's Quest Center on August 24th.
 
Administrators are looking for public input regarding how environmental laws and regulations can be improved, how to improve the regulatory environment, provide incentives to encourage conservation, or remove impediments to "doing the right thing." The information from the sessions is expected to point the relevant federal agencies to those actions that can best promote cooperative conservation, including revising improperly functioning regulations or issuing guidance or policy.
 
Rick Krueger, President, Krueger Development, testified about the current confusion with the storm water regulations required by the federal government: Locally, we're trying to keep the mud off the streets. We have to erect silt fences and other measures to keep the soil on our sites. However, we're not sure in what areas these have to be installed. Do we need to surround each individual 6100 sq. ft. lot? Do we create a catch basin for the overall site and install some silt fence? Do we restrict deliveries of materials during a rain event? When are we in or out of compliance? When we have sold a lot to a builder and he's constructing a residence, is it still our responsibility to maintain the silt fences? In short, what constitutes a good job and what's deficient?
 
If we're to monitor our sites, give us the instructions on how best to do it, and what is expected. Tell us what the standards are so we can have a safe harbor in which to operate.
 
If there are some corrective measures that need to be implemented on our site, make a provision whereby we can address them without fear of administrative penalty. By cooperating in this way we think that we can meet the federal expectations and those of our local municipalities.
 
Brock Peters, President, Containment Contracting Services testified about roadblocks: In an attempt for the Building industry to ensure there aren't any negative environmental impacts, it consistently runs into roadblocks. Those roadblocks are related to proper permits not being granted in a timely manner.
 
In May, while in Washington, DC, I had the privilege to attend a group meeting with the Deputy Assistant Secretary of the Army. Issues discussed were problems with obtaining Section 404 permits, and permitting inconsistencies and delays between the Corps district offices.
 
The Deputy Assistant Secretary explained to us that in 2005, 100,000 decisions were made, 80,000 instruments were issued, and the Corps denied only four applications. This would leave 19,996 permits to be questioned as to why no decisions were made or no instruments were issued. Developers with wetlands adjacent to their developments indicated on numerous occasions they withdrew out of frustration, only to reduce the size of their developments so the projects could move forward.
 
These situations increase the cost of housing, discourage wetland enhancements, and still fail to address the reason for permit delays. Since not all Corp district offices are an issue, I would suggest that all district offices are performance evaluated. Evaluate which issues create unnecessary permit delays, why some issues are resolved in one office but not in another. Create a system that's consistent, predictable and reliable.
 
Dean Hoag, Union Title Company, testified about the need for the federal, state and local governmental agencies coordinating their regulatory functions and eliminating the duplicity and redundancy not only intra-agency but also inter-agency. He suggested that there needs to be consistency in the application of the regulations which would assist in the development process.
 
Fred Hoke, HBAL, suggested the federal agencies encourage local, state and federal collaboration for developing computerized programs and processes to speed land development and engineering input through computer modeling. He also suggested bringing strong and effective educational programs to everyone involved with storm water issues.
 
This was the sixth of 24 regional hearings seeking ideas about reforms of current federal environmental policies. Hearing topics included the Endangered Species Act, EPA's storm water program, and wetlands.
 
President Bush in August 2005 directed the relevant federal agencies to work in collaboration with state and local governments, private landowners, and conservation groups to enhance and improve environmental protection efforts.
 

Political Action Honor Society: What is PAHS?

By Jerry Boyce, lst Vice President
 
Earlier this year, your HBAL leadership team put together a strategic plan to assist us in becoming much more involved in political activity in order to influence positive change in Lincoln. My primary assignment was to develop a program to recognize political involvement by the HBAL membership. At the August Board of Directors meeting, HBAL's newly-formed Political Action Honor Society (PAHS) was approved unanimously.
 
Click here for a copy of the PAHS form. It is imperative that we get our membership involved in political affairs on the local level.
 
Please take time to read through and fill out the PAHS form as soon as possible. Be honest with yourself in listing the points you have earned thus far. Involvement in membership activity is capped at a maximum of 50 points, so you must also earn a minimum of 50 points in the listed political activity as well. A number of fundraisers are under way at this time and will be ongoing into next spring's city elections. Contributing to HOMEPAC or HBAL's Education and Issues Fund is a quick and easy way to earn necessary points if you are short of the 100 points needed to qualify.
 
You have until December 15 to earn the required 100 points in order to qualify based on your activity this year. Send your completed form to the HBAL office as soon as you have achieved the necessary points. At January's Installation ceremony, you'll be recognized for your activity, and in succeeding years you will be recognized for continuous years of involvement. Don't miss out on this opportunity to become a charter member of PAHS.
 
By all of us working together and qualifying for this prestigious Political Action Honor Society this year, and every year hereafter, we'll reap the benefits of successfully turning things around and once again enjoy a vigorous and prosperous building industry in the greater Lincoln area. Thank you in advance for all who participate in this necessary effort. Please call me at 310-6328 if you have any questions about PAHS.