NCBA - May 2006 Newsletter

May 2006 Newsletter

Read the Newsletter in pdf format: page 1 - page 2 - page 3 - page 4 (requires Acrobat Reader)

Please RSVP to the NCBA office by the Friday before the dinner meeting if you wish to attend.

On March 28 and 29, I traveled to Albany with board members Bob Minkiewicz, Bill Burg, and Jim Kuryak to attend a NYSBA spring board
meeting. We also visited our local legislative representatives on Lobby Day.

The most important issues discussed were Labor Laws 240 and 241, involving wetlands area reduction and the 2% Real Estate tax. The NCBA and NYSBA strongly oppose the legislation in its present forms, as it adversely affects all of our association members, both locally and statewide. In Labor Laws 240
and 241, there are two issues in need of reform: workers compensation and “absolute liability,” which puts employers at high risk. We support an employee’s responsibility for his or her own actions. Governor Pataki has proposed a 500 week cap on permanent partial disability payments, increasing maximum weekly benefits for injured workers, and cutting premiums for employers by an average of 15%.

We also informed the legislators that we oppose the 2% transfer tax because the feeling is that money would be diverted to uses other than what the “Community Preservation Funds” were intended to accomplish. Also, we stated that New York residents are taxed enough; changing the threshold from 12.4 acres to one acre or more is very restrictive for future development. We stated that our members, who make their livelihood from development, will have less work and a smaller tax base, creating higher taxes and less income to pay those taxes. Overall, we feel that our meeting with the legislators was very informative for both sides, somewhat productive, and that the legislators are getting to know who we are and what we are about. I highly encourage more members to participate in Lobby Day or at least meet our legislators in their home offices.

We will continue to list our legislators in this newsletter for your convenience and so you will be familiar with whom we will meet with from time to time.

Our 12th annual Parade of Homes this fall will again be a multiple site show. We are happy to announce that Bill Burg/Alside our 2nd VP and National Director has agreed to chair the Parade of Homes committee again this year. Letters of Intent went out last month and we have 7 homes in the show so far. We ask that any builder interested in participating this year contact the NCBA office by May 5th. The dates for this year’s show are September 16th, 17th, 23rd, 24th, 30th & October 1st. We are looking for volunteers for this year’s committee. If you would like to support the association in this important event please contact the NCBA office. Watch for more details in the newsletter and on our website.

Early this summer, the United States Supreme Court decided that private property can be seized through eminent domain for the benefit of another private party’s economic development project. The decision poses a significant threat to property rights and property owners everywhere should be
outraged.

In New York, Senator George Maziarz stated that the Legislature is taking quick action to counter the ill effects of the Court’s ruling. Individual states retain the authority to limit the encroachment on property rights. The Senate is introducing a package of bills to provide more local control over eminent domain process, enhance oversight & ensure property owner rights.

Senate Bill 5938 would establish that eminent domain shall only be used for public projects, rather than private ones. It would also require industrial development agencies to obtain the approval of the local county legislature before it acquired any property through eminent domain. The bill would
further clarify that relocation costs shall be paid to the owner of a property being taken.

Senate Bill 5936 would establish that the power of eminent domain shall only be used for economic development purposes when the area in question is a blighted area.

Senate Bill 5946 would require the preparation of a comprehensive economic development plan for the use of eminent domain laws & make recommendations for further reforms & enact significant protections for homeowners & other displaced residents affected by eminent domain.

On March 30, 2006, the New York State Department of Environmental Conservation held an informational hearing at the North Tonawanda Common Council Chambers of City Hall at 6:30 PM followed by a Public Hearing at 7:30 PM. In 1984 and 1986, the DEC filed final Freshwater Wetlands Maps with local government clerks for Erie & Niagara Counties. Since then, the DEC has identified a number of inaccuracies on the maps and has proposed amendments to 6 areas, 1 in Erie County and 5 in Niagara County. Four amendments are actually adding Wetlands, and the other 2 were revising the boundaries & revising of them from class 2 to Class 1.

NCBA members in attendance were President Larry Quigliano II, Board Members Bob Minkiewicz, Gary DiMatteo, Tom DiMatteo, John Ennis & members Dave Stapleton and Dan D’Angelo. It was apparent that the DEC was influenced by special interest groups who are determined to have all vacant land converted to Wetlands. Most of the areas have been owned for over 25 years for future development. Many citizens were concerned that there could be a tremendous loss of retroactive taxes, causing current taxpayers to see a substantial increase in their own taxes. Mayor Soos discussed his goals of both having the city grow but also respecting the environmental concerns.

Another issue is the proposed boundaries, particularly the 100' buffer adjoining the boundaries. The “adjacent area” refers to those areas of land or water that are outside wetland & within 100 feet as measured horizontally on the wetland boundary. However, an adjacent area broader than 100 feet may be established where necessary to protect and preserve the wetland. This is what concerned those taxpayers present that are very close to a wetland. They may be restricted from any improvements on property they have owned for years.

The majority of those present were against the proposed amendments. On behalf of our association, President Quigliano voiced our opposition to these proposed amendments. To remove 140+ acres from future development creates loss of future jobs in all professions related to the home building industry, depletes a very large tax base, and creates higher taxes. Because the city is relatively flat, drainage is always a problem; however, if more subdivisions were developed, drainage issues could be resolved with present day engineering techniques. To remove these properties to satisfy special interest groups on their own agenda is not the answer.

It was requested that the DEC reconsider their request until all issues are reviewed, including the city’s overall plans for future drainage projects

Wetlands information (regulations & delineation manual) is available in our office.

Monthly Meetings: Held monthly on the second Wednesday, your association’s dinner meeting features informative speakers and great fellowship. Your board of directors meets one hour earlier, and we always welcome your presence and input.

Home & Garden Show: Our newly revived Home & Garden Show is in January. The committee will be meeting with the officials of The Summit in June to plan the 2007 show. Watch for details to follow. This is a great opportunity to know your fellow NCBA members.

Golf Outing: We have our date reserved for our 10th Annual Golf Outing, July 10th 2006, at the Niagara Frontier Country Club. Jim Kuryak/Niagara National has volunteered to chair the event again this year with Lisa Norman/2-10 HBW as co-chair. We are looking for committee volunteers. Please contact the NCBA office.

NCBA Picnic: Thursday August 24th 2006 at West Canal Park, N. Tonawanda. President Larry Quigliano II/Picnic Chairman is looking for committee volunteers and game suggestions. Please contact the NCBA office if you would like to volunteer.

Holiday Party: The NCBA hosts a holiday party with installation of officers and directors in December that is open to members and their employees. This is a great event that includes a basket auction, and most attendees leave with a prize basket. Watch for updates on all the events in the upcoming newsletters and on our Website.

The NCBA is proud to welcome our newest member, Scott Cottrell, to the association. Scott is an outside sales representative for MIG Building Systems. He has worked in the construction industry for the past seven years, first with 84 Lumber and now with MIG.

MIG is a part of the Installed Building Products (IBP) group, which is a large corporation with over 100 branches from coast to coast. At MIG, Scott provides installation of gutters, insulation, fireplaces, closet shelving, shower doors, mirrors, and bath fixtures. Using his expert knowledge and enthusiasm, he does his best to help builders use cost-saving ideas to provide a better product for their customers.

Scott is very excited to be a part of the NCBA and can’t wait to offer his expertise and abundance of ideas, as well as ENERGY STAR® information to assist in the promotion of the annual Parade of Homes on-site home shows.

When building a home, homeowners expect to get the best house for the least amount of money. Scott is committed to working alongside builders to help them achieve this goal for their customers. Call Scott today at (716)432-8723 to welcome him to the NCBA and find out how he can help you. Also, visit www.migbuildingsystems.com for more information on the products MIG Building Systems can provide to you.

The Niagara County Builders Association recently held its March dinner meeting at the Hideaway Grille in North Tonawanda. Guest speaker Lisa Norman of the Home Buyers Warranty Corporation informed the builders and their guests on the 2-10 HBW home buyers warranty, which covers new homes and gives the homeowner peace of mind as well as protection. Another highlight of the meeting was the check presentation by the NCBA to the Wheatfield Lions Club for its assistance at the Home and Garden Show, held in January at The Summit. Shown in the above photo (left to right) are NCBA President Larry Quigliano II presenting the check to John Caswell of the Wheatfield Lions. Caswell is a past president and director of the NCBA.

Sonny Barone (left) of Barone Building Company and his son, Sil (center), of Sil Barone Homes receive National Spike Award plaques on behalf of the New York State Builders Association and the National Association of Home Builders from NCBA President Larry Quigliano II. The Barones
earned the Spike Awards by sponsoring the largest number of new NCBA members in 2005. “This father and son duo have been longtime supporters of the NCBA and its projects and the entire
association congratulates them,” Quigliano said.