Building Home Magazine

JUNE • JULY 2024

THE OFFICIAL MAGAZINE OF THE HOME BUILDING ASSOCIATION OF GREATER PORTLAND

North Plains

An Unlikely Battle Ground for Oregon’s Land Use System Page 4

Sheetz Decision Means Big Changes Coming (p.10) HBA of Greater Portland Receives Two National Association Excellence Awards (p. 18) New Member Spotlight (p. 19)

THE OFFICIAL MAGAZINE OF THE HOME BUILDING ASSOCIATION OF GREATER PORTLAND

from the top Call for leadership in HBA: Connect, Impact and Have Fun

BY DAVE NIELSEN

HBA is growing again. Our advocacy work, our member events and consumer shows, our shelter and workforce efforts, and our business support are advancing and creating great value for our members. Our Board, our Councils and Committees, and our Foundation are all key ways members are helping our organization and staff rebuild and become even stronger.

We’re not building back the same as we were before the pandemic. There have been big changes to how people engage, what the public wants to see, and even how our industry operates. We have great leadership helping at many levels, but we also have some openings coming up later this year and want to identify members who want to help guide us forward.

What’s in it for you?

New business relationships that can connect you with customers, ideas and business advice to help you and your company be more successful.

Meaningful engagement in areas you care about and can impact with your unique industry background, perspective and connections.

An opportunity to have fun. HBA does great work and results matter. But we’re also an organization that believes in having fun, and that ultimately life is more rewarding when you really enjoy the work you do and who you do it with.

Interested in learning more?

Each summer, HBA’s Nominating Committee works to identify

leaders for positions and opportunities in several areas of our organization for the following year. This year, our Nominating Committee includes: • • • • • • •

Kelly Stelk, Home Certified (Chair) Alaina Robertson, Taylor Morrison Homes Brittainy Tiffany, Tiffany Home Design Nathan Young, Nathan D Young Construction Brian Schmidt, Brian Schmidt Builder Darlene Van Kuren, The Crandall Group Brent Olsen, Premier Central Vac

If you’re interested in getting more connected within HBA, learning more about what HBA does or helping guide our work on behalf of housing and the building industry, we likely have a leadership position that is right for you! We have various types of commitments ranging from short-term to monthly to seasonal, as well as a range of in-person, online or hybrid ways to engage and contribute your time most effectively.

Opportunities include: • HBA Board • State Directors and National Delegates • Home Building Foundation Board • Workforce Development Advisory Committee • Membership Committee • Councils (Professional Women in Building, Remodeling & Custom Building Council, Home Performance Council, Portland Building & Urban Development Council) • Government Affairs Committee • Special Event Committees For more information and to be added to our list for an announcement on a future informational session in late July, please email Brenda Baker at brendab@hbapdx.org.

T h e N W N a t u r a l S t r e e t o f D r e a m s i s n o w O N TO U R !

Because DREAMS look different.

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North Plains: An Unlikely Battle Ground for Oregon’s Land Use System An analysis of North Plains’ Urban Growth Boundary expansion and the efforts of residents to defeat a plan that had been years in the making.

BY: PRESTON KORST, HBA DIRECTOR OF PUBLIC POLICY & GOVERNMENT AFFAIRS

North Plains Prime for Growth.

In 2024 there emerged yet another new threat to home builders in Oregon. Though the state’s stringent land use system has stymied the industry’s ability to create new housing for decades, a new and dangerous tool has materialized to further obstruct the designation of new buildable lands for needed housing. Voter-backed referendums seeking to challenge local governments’ authority to expand Urban Growth Boundaries (UGB) have, at least temporarily, blocked one city’s desire to secure more land for housing and employment.

On May 21st, 2024, North Plains residents voted overwhelmingly to overturn its City Council’s earlier decision to expand its UGB by over 800 acres to create thousands of new jobs and homes. By a 71% to 29% margin, just 1,400 voters proved that local ballot initiatives, referendums, and recalls are now viable tools to overpower what was already a feeble land use system for homebuilders.

This story should be viewed as a word of warning, and a reminder that our job to defend the industry never ends.

In a small town about 20 miles west of Portland, Oregon, a battleground has emerged between pro-housing residents and anti-growth activists. North Plains has just 3,400 residents and is roughly 1 square mile in size. As a community, it is known for its small-town atmosphere, scenic beauty, and a popular annual Garlic Festival celebrating our region’s rich agricultural heritage. In town, however, it is characteristically, if not begrudgingly, known as the largest incorporated city in Oregon to not boast a single grocery store. Its nearest major grocer is about a 15-minute drive in Hillsboro. On the other hand, just a few minutes away sits Pumpkin Ridge Golf Club, one of Oregon’s best courses.

Its proximity to major employment hubs at nearby Intel and Nike headquarters, as well as Downtown Portland, make it a highly valuable location for new home construction, as well as a commuter-dominant workforce with just 3% of residents working and living in town. It is bordered by flat, farming,

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HBApdx.org | June / July 2024 | HBA BUILDING HOME

and non-resource lands and is situated just blocks away from Highway 26, one of Oregon’s main transportation corridors connecting Portland and the Oregon Coast. Additionally, it has a historically low tax rate compared with other cities in the region, given that it is outside of Metro’s boundaries and Washington County’s orbit of regulation.

In other words, many feel it is exactly where people want to live, and where we need to be building new housing.

UGB Expansion Planning Effort Gets Under Way. In recognition of the town’s strategic advantages and growing commercial needs, the City of North Plains initiated a public process to assess its current land needs. This early work focused on the town’s desire to accommodate its nascent growth for housing and employment. That process began in 2015. A full 8 years later, on September 18th, 2023, City Council voted to unanimously approve its UGB by roughly 800 acres. The years between saw more than 20 public meetings to discuss the expansion, numerous community listening sessions, and countless hours of volunteer-led public engagement.

“One strategic advantage of North Plains is our close proximity to many regional employers, making us a key provider of workforce housing in the area,” said North Plains Mayor, Teri Lenahan. “Located right off Highway 26, we offer easy access to both recreational opportunities in the Coast Range and the conveniences of the metro region. While production is beginning to pick up, our readiness and land availability remains critically low, with less than a one-year supply of developable land” Not surprisingly, due to Oregon’s archaic land use process which requires excessive and demonstrable need to create any new housing, that glacial process is the typical timeframe for many cities seeking a UGB expansion. Thankfully, city staff and council did the work, alongside HBA and many community partners. Using the state-mandated planning documents like the Housing Needs Analysis and Economic Opportunities Analysis, the city concluded that there was demonstrable need to create 1,300 new homes and 3,300 new jobs. Given that there was not enough existing land in city limits to accommodate for this needed growth, it meant that the city was not only justified, but required to expand its UGB. This early work paved the way for the city to provide a thoughtful and well-researched plan to amend and bring new lands into its UGB. The plan created called on the city to effectively double the city’s size by land mass, a controversial proposal in any community. But city leaders were convinced that their proximity to major tech hubs and plentiful swaths of undeveloped, roughly flat farming lands meant they had a unique opportunity to benefit from record public and private investments in the high-tech sector. So, the plan zeroed in on creating workforce housing and focused on high-paying employment opportunities in the technology manufacturing sector.

Upon its final release and up to the moment of council’s final approval on September 18th, 2023, HBA fully supported this decision and applauded it as a major win for the industry, albeit a slow-moving one.

Farmers File Questionable Referendum Petition.

However, just weeks after that long-fought expansion, 240 individual signatures were gathered by local farmers to refer council’s September decision back to the voters. This effort is the first attempt by anti-growth activists to circumvent local growth via referendum since voter-approved city annexations were banned in 2016 by the state legislature. While legal HBA BUILDING HOME | June / July 2024 | HBApdx.org

challenges may have been initiated, Oregon’s uniquely robust voter-referendum laws essentially guaranteed certification of the ballot initiative. So, with both sides gearing up for a political fight, the work to educate voters and spur turnout began in early 2024.

Campaign to Defeat the Measure with an Unfortunate Outcome.

In the days of voter-approved annexations, North Plains had its share of political defeats. In the last several decades, there have been nearly a dozen failed attempts to annex new lands into the city for future growth. This was the difficult foundation from which the city’s political campaign started.

It needed to do two primary things: educate voters and drive turnout. In most primary elections, campaign leaders knew that getting pro-growth voters to turn out on election day would be an uphill battle.

With substantial financial support from the Portland Metropolitan Association of Realtors®, in addition to HBA and several local residents’ and businesses’ contributions, an official campaign was formed and a professional political consulting firm was hired. However, the ability to influence voters to get excited about new developments in their communities was unlikely even in the best circumstances.

And the results were humbling. On election day, threefourths of voters rejected the expansion plan. This, even with a low turnout rate hovering around 30%, was striking and speaks to the danger in allowing UGB expansion decisions to be considered by voters who more often fear the immediate and tangible impacts of development versus the abstract harm of economic decay in their community.

“Our members are on the front lines of the housing shortage and have been urging jurisdictions everywhere in Oregon to remove the barriers to developing the housing that we need at all levels of affordability,” said Michele Gila, Director of Realtor® Advocacy, Portland Metropolitan Association of Realtors®. So while Measure 34-327 did not prevail at the ballot box, it’s important to note that a generally low voter turnout meant that residents didn’t feel expansion of their UGB to be problematic enough to cast a vote.”

At any rate, this defeat shows the power that our legal system and individual voters can have in impacting the homebuilding industry’s forward planning processes and ability to create quality and desperately needed new homes.

Story continued on page 6

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POLITICAL ANALYSIS FROM SWIFT, THE PR AGENCY BEHIND THE “YES FOR NORTH PLAINS” CAMPAIGN The “Yes for North Plains” campaign was designed to clearly communicate the benefits of the urban growth boundary expansion -- a broader tax base that would allow for new amenities, public services, parks, and trails without raising taxes; as well as improved shopping, dining, and recreation options made possible by a modest population expansion.

Unfortunately, the opposition NIMBY campaign was able to move a message of confusion and misinformation. They falsely asserted that taxes would be raised, a major road expansion was planned, productive foodproducing farmland would be paved over, and belching smokestacks of industrial pollution would soon arrive. All of which is untrue, of course.

The opposition also wielded another message: That the advocates of UGB expansion were anti-democratic. After all, they said, the UGB advocates didn’t want the measure on the ballot at all. They conveniently ignored the fact that for five decades it has been widely understood that UGB expansions are administrative, not legislative decisions, and are therefore not subject to referendum.

When the city defended its correct legal position, and the legislature passed a law (almost unanimously) clarifying that UGB expansions are not subject to referendum, the NIMBY opponents painted it as anti-democratic.

But that couldn’t have been farther from the truth. The City of North Plains engaged in the exact process outlined by state law, which includes substantial public participation.

North Plains is a wonderful town, full of incredible community volunteers who have dedicated years of their lives, and thousands of hours to making their community a better place. It’s unfortunate that NIMBY activists were able to circumvent long-standing practice and very clear state law to (temporarily) derail a much-needed, modest expansion of the North Plains UGB.

HB 4026 and the Legislature’s Fix for Future UGB Referendums.

Though legal questions remain regarding the constitutionality of voters’ ability to refer to the ballot what were essentially administrative decisions by council, a legislative question appears answered before the election

even occurred. In the middle of the political campaigns that were by then in full swing in North Plains, Oregon’s legislators were in session and rounding an important decision about whether to give the city their own vote of confidence by outlawing such challenges to UGB decisions.

HB 4026 was a controversial, last-minute bill led by Oregon Home Builders Association and Oregon Property Owners Association, among others, that passed to provide cities with some legal certainty for the work they do in determining UGB expansions. In a matter of just a few days, Oregon Homebuilders created a legislative fix through the bill that has to power to prevent local UGB decisions from “being referred to voters by referendum petition.” On March 23rd, Governor Tina Kotek signed the bill giving it full effect in law.

This well-designed bill did have one flaw, however. It only applies to future decisions—meaning North Plains’ referendum battle was required to move forward to its own messy, confusing, and ultimately disappointing end.

So, while many legal experts view the matter as mostly settled elsewhere across the state, North Plains has been left grappling with how to proceed on planning work that is nearly a decade in the making and technically still required by state law to move forward.

Our Work in North Plains Continues, Even Without Clarity.

While there may be future legislation, decisions, and legal moves that occur in the North Plains UGB saga by the time this article goes to print, understanding the nuances and inputs that drew this small, sleepy bedroom community of just 3,500 people into the heart of Oregon’s latest land use battle may be wise for all in the industry. The fight for the creation of new housing in our state is and will continue to be an uphill battle that requires diligence, local engagement on the part HBA and our members. It will also necessitate a strong and steeled-will from our political leaders. Mayor Lenahan and the entire City Council’s willingness to fight for a decision they knew to be right by their constituents, (not to mention mandated by state law) should be a lesson in civic courage for all of Oregon’s elected officials.

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Chris Sweet

971.204.7886 csweet@pamplinmedia.com 6

HBApdx.org | June / July 2024 | HBA BUILDING HOME

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Primary Election Endorsements | May 2024 METRO COUNCIL District 3: Gerri� Rosenthal Gerri� Rosenthal for Metro

District 1: Nafisa Fai Nafisa Fai for Washington County

District 5: Mary Nolan Mary Nolan for Metro

District 3: Jason Snider Snider for County

District 6: Duncan Hwang Duncan for Metro

CLACKAMAS COUNTY COMMISSION Chair: Too�e Smith Re-elect Too�e Smith Posi�on 3: Martha Schrader Commissioner Martha Schrader

MULTNOMAH COUNTY COMMISSION District 1: Vadim Mozyrsky Vote Vadim District 3: Julia Brim-Edwards Julia Brim-Edwards District 4: Vince Jones Dixon Vince Jones-Dixon For more informa�oo on HBA’s endorsements contact Preston Korst, Director of Policy and Government Affairs @prestonk@hbapdx.org

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WASHINGTON COUNTY COMMISSION

YAMHILL COUNTY COMMISSION Chair: Lindsay Berschauer Lindsayforyamhillcounty

BEAVERTON MAYOR Mayor: Lacey Beaty Beavertonoregon.gov

SUPPORTED MEASURES Multnomah County's Measure #26-243 Bond to Upgrade Levee System, Floodwalls, Water Pumps and Natural Floodplain Restora�on TVF&R's Measure #34-332 Local Op�on Levy for Fire and Emergency Medical Services Gresham's Measure #TBD Gresham’s Public Safety Levy for Police and Fire Tigard's Measure #34-333 Tigard’s Renewal of local op�on levy to Maintain Public Safety Services Wilsonville's Measure #3-605 Advisory vote on forming a Town Center Urban Renewal District

HBApdx.org | June / July 2024 | HBA BUILDING HOME

housing & industry advocacy LOCAL GOVERNMENT AFFAIRS UPDATES • HBA OF GREATER PORTLAND

HBA Shapes Portland Permitting Office Budget Negotiations Following several quarters of construction slowdown in Portland, the Bureau of Development Services (the city’s primary permitting agency) saw a significant reduction in revenue and was forced to lay off 72 employees in December. This was the city’s first attempt to stem the tide of BDS’ rapidly shrinking reserves and help stabilize its budget. However, that has proven insufficient as further talks of layoffs remain probable if further action is not taken. While in the past year, Portland has achieved significant strides in improving a historically dysfunctional permitting agency, there is concern among the industry that further layoffs would derail that progress and return to an era of months-long wait times for residential permits. To help prevent this, HBA and a coalition of partners entered into discussion with city leaders to form a plan that would stabilize budgets, prevent further layoffs, and create new efficiency measures to existing operations. As part of these conversations, our proposal includes a $6 million general fund allocation, a modest agency-wide fee increase, and implementation of new efficiency tools like self-certification, thirdparty reviews, and permitting “shot-clock” deadlines. While this plan is still being vetted, we are confident that City Council and BDS leadership will develop an equitable proposal that includes new investments that incentivize new housing production.

HBA Members Shape Metro Homeless Services Funding Proposal HBA Members Shape Metro Homeless Services Funding Proposal HBA has been working among a group of business and advocacy groups to help shape negotiations that could re-appropriate how and where Metro’s homeless services funding is spent. While conversations are still early, Metro and a task force of two dozen organizations have convened to evaluate whether to appropriate surplus taxing revenues towards housing production given that the 2018 Affordable Housing Bond is nearing its conclusion. At the core of the issue is a near $1 billion surplus that the SHS tax is expected to generate over the next decade, on top of the projected collection of $250 million per year for approved countydirected services. While there are strong differences of opinion on the matter, there has been clear evidence of counties struggling to deploy the resources they’ve received.

HBA will continue to engage in these conversations and will work hard to ensure that we see relief from excessive regional and local tax rates while also encouraging precious public resources are leveraged in a way that incentivizes housing production across the region. We will continue to keep our members informed about any further discussions.

Metro Considers Paring SHS Tax Funds, Reallocating Portion to New Housing Construction HBA has been working with several industry and housing groups to shape negotiations that could re-appropriate how Metro’s Supportive Housing Services (SHS) tax funds are spent. Metro and a taskforce of two dozen individuals and HBA BUILDING HOME | June / July 2024 | HBApdx.org

For more information on any of the below items, please contact Director of Policy and Government Affairs Preston Korst at prestonk@hbapdx.org

organizations are evaluating whether to spend surplus revenues on new housing production given that the 2018 Affordable Housing Bond is nearing its conclusion after having created over 4,800 new affordable homes across the region.

At the core of the issue is an anticipated $1 billion, 10-year surplus that the SHS tax is expected to generate, on top of the projected collection of more than $250 million per year for county-directed homeless services. Many involved in the stakeholder table believe that the overall tax rate should decrease, offering tax-relief to Portland area residents, while redirecting surplus funding to programs that have a detailed track-record of success.

While there are ideological differences of opinion on the matter, some, including Governor Kotek have weighed in with support for potentially using some funds for the construction of new housing.

At any rate, it is clear that counties have struggled to deploy taxpayer dollars effectively, ending up with hundreds of millions sitting in county bank accounts. HBA and several of our members have a seat at the table and will work to ensure that precious public resources are spent responsibly, and leveraged in a way that incentivizes housing production across the region.

City of Portland Amends Frontage Improvement and Dedication Requirements On April 12th, the City of Portland’s Bureau of Transportation released new administrative rules that guide thresholds for how frontage improvements and dedication requirements are approved. This new administrative rule, TRN-1.30, describes the two thresholds used by PBOT to determine when frontage improvements or right-of-way dedication are required, including how each threshold is calculated, what’s required when the thresholds are met, and exemptions. According to the city, this new rule “largely reflects current practice, with some updates including to better align with the city’s Transportation System Development Charge program and to reflect recent policies including middle housing”.

HBA Members Engage in Wilsonville’s Frog Pond Infrastructure Funding Negotiations For the past several months, HBA and a group of about a half dozen members have been working closely with the City of Wilsonville’s engineering teams to address the critical funding gaps that exist to install the infrastructure necessary to develop key areas within the Frog Pond East and South area. In order to get residential development (that is, new homes) built in this recently approved expansion area, the city and developers are working in good-faith towards an plan that we hope will balance the mutual public responsibilities for what is developer-mandated and creditable, what are the city obligations, and how can Capital Improvement Project scopes and external funding sources be considered in order to turn prime, undeveloped land into desperately needed new housing. We will continue to update our membership as progress is made. If you would like to learn more about these ongoing discussions, please reach out to Preston Korst at prestonk@hbapdx.org.

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Sheetz Decision Means Big Changes Coming for Development Permits

BY JAMIE HOWSLEY, EDWARD TROMPKE, EZRA HAMMER, JOSEPH SCHAEFER

On Friday, April 12, 2024, the U.S. Supreme Court issued its ruling in Sheetz v.

Jamie Edward County of Howsley Trompke El Dorado, California,[1] which affirmed and expanded on its earlier decisions that limit Ezra Joseph both the Hammer Schaefer type and scope of exactions (fees and other requirements) that local jurisdictions can seek from new developments.

The case involved George Sheetz, who applied for a permit to build his modest 1,854 square-foot prefabricated home on his rural property. El Dorado County, California, charged him an astounding $23,420 traffic impact fee, but did not provide any individualized traffic analysis when assessing the fee. Instead the county merely relied on its fee master plan that was previously adopted by the board of supervisors, which serves as the county legislature.

Sheetz first paid the fee under protest, then sued in state court arguing that the fee was an unconstitutional taking. The state court ruled that because the traffic impact fee had been imposed through the legislative process and authorized by state law, the county was exempt from the general constitutional takings analysis which would require the determination of nexus and proportionality of development exactions (here, traffic fees) and an identified impact (here, traffic from the new house).

Until now, Oregon state courts have followed the same logic as those in California. In Rogers Machinery v. City of Tigard,[2] the Oregon Court of Appeals decided that the traffic impact fee was constitutional because it was derived from a transportation master plan and associated impact fee schedule, with rates for numerous land uses. In doing so, the Appeals Court effectively prohibited 10

Oregonians from challenging system development charges and other exactions under the Fifth Amendment Takings Clause in the U.S. Constitution. Without that opportunity, Oregon builders generally lack the ability to challenge what appear to be unreasonable fees.

This is no longer the case going forward, thanks to Sheetz.

The Supreme Court unanimously ruled for Sheetz, holding that development fees and exactions imposed on a broad class of property owners through legislative action are subject to the same nexus and proportionality analysis as those applied on an ad hoc basis. In so doing, the Supreme Court effectively overturned Rogers Machinery and affirmed that the fundamentals of constitutional government takings law are just that, fundamental.

The Sheetz decision does not, however, impact the state’s power to engage in land-use planning. Governments retain substantial authority to regulate land use (i.e. zoning generally) where the regulations advance a legitimate state interest. However, the regulations must do so in a manner that is reasonably necessary to effectuate a substantial government interest. Furthermore, development exactions are permissible so long as they both address an impact that the development causes (i.e., there is a nexus between the impact) and are roughly proportional to that impact.

In a lengthy historical review, the Supreme Court showed that the Takings Clause never distinguished between different types of takings and has been applied to physical takings, regulatory takings, and unconstitutional permit conditions. The Supreme Court noted the Takings Clause applies to all branches of government, and historically, it was legislatures that sought exactions from property owners. As the Supreme Court explained, it is immaterial whether the exaction is authorized by legislation or administrative action. The Supreme Court reasoned that “[a] permit condition that requires a landowner to give up more than is necessary to mitigate harms resulting from new development has the same potential for abuse as a condition that is unrelated to that purpose.”

Importantly, the Supreme Court did not address whether the underlying traffic impact fee was valid, instead leaving that to the California courts to sort out.

This leaves open the critical question of which exactions are reasonable, and which are not. Additionally, the Supreme Court declined to answer whether the nexus and proportionality analysis must occur at the legislative level (i.e. when jurisdictions enact fee schedules) or at the time of permit issuance. However, these unresolved issues did not go unnoticed by the other justices.

In a concurring opinion, Justice Neil Gorsuch took issue with the Supreme Court’s decision and emphasized nothing “supports distinguishing between government actions against the many and the few” meaning the door remained open on the question of whether, in the context of impact fees, nexus and proportionality analysis should occur at the time of legislation adoption or permit issuance.

Justice Brett Kavanaugh, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote on this same issue, emphasizing that the prior Supreme Court takings cases involved permit conditions tailored to specific properties. Justice Kavanaugh cautioned that development exactions imposed through “reasonable formulas or schedules that assess the impact of classes of development rather than the impact of specific parcels of property” are a common government practice that Sheetz does not prohibit.

Finally, the concurring opinion of Justice Sonia Sotomayor, with whom Justice Jackson also joins, confirms that neither the Supreme Court nor the California courts considered whether the traffic impact fee would be a compensable taking if it was applied to property owners that were not seeking a permit.

In other words, they question whether a traffic impact fee imposed on existing land uses must be accompanied by a takings analysis.

So where does that leave us? We believe Sheetz means four things.

First, Sheetz does not invalidate system development charges (“SDC”) outright.

HBApdx.org | June / July 2024 | HBA BUILDING HOME

Sheetz case poised to invalidate onerous development regulations and fees

BY EZRA HAMMER AND JOSEPH SCHAEFER, JORDAN RAMIS

Rather, it opens them up to challenges under the Takings Clause for lack of nexus and proportionality. We expect that SDCs will easily pass this test because Oregon law already requires careful analysis prior to adopting SDC schedules. While this underlying analysis may not call out nexus and proportionality explicitly, it is likely that it suffices and blanket challenges will be unsuccessful.

Second, fees that lack proportionality will likely need revision. Jurisdictions regularly adopt fee schedules (generally for parks) that include facilities far out of scale with the existing system. These massive projects then “justify” high impact fees. However, since they include infrastructure that far exceeds what existing residents have access to, we believe that these fees are vulnerable to challenge. Also in this bucket are tree removal fees that are punitive in nature and wholly unrelated to the cost of replacement trees.

Third, and most likely unconstitutional, are those exactions that fail the nexus test completely. These are fees and requirements that seek to address wider societal problems such as affordable

housing or climate change, but that are unrelated to a particular project. For example, construction excise taxes for regional planning and affordable housing, and inclusionary zoning that requires developers to construct affordable housing, appear to fail the nexus test.

As the Supreme Court explained in the 1987 case Nollan v. California Coastal Commission,[3] there must be an “essential nexus” between the exaction and the project. Since Sheetz confirms there is no exemption from taking rules for legislative action that would allow governments to impose exactions that lack nexus, there is now no doubt that these sorts of legislative exactions may be held unconstitutional.

Fourth, we expect to see a proliferation of development agreements. While these are generally only used for large projects or in unique situations given they can be costly and time-consuming, jurisdictions will likely use them to preempt Sheetz challenges in situations where they are uncertain whether particular exactions will stand up to judicial scrutiny. Development agreements give jurisdictions a high level of flexibility and allow them to apply

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conditions (such as exactions that lack nexus and proportionality) that they would otherwise be barred from imposing.

The Supreme Court has repeatedly affirmed, and does so again in Sheetz,, that the governmental taking and exaction authority is not unlimited and remains tethered by constitutional bonds.

While Sheetz has broad implications for the development process going forward by solidifying the application of takings law to legislative exactions, it leaves some of the more salient questions for future discussion; it remains to be seen exactly how this area of law will ultimately settle.

As a result, the impact of Sheetz will be felt over the coming years as jurisdictions reevaluate their authority to determine the extent to which they are able to require developers to shoulder the costs of public improvements.

Jamie Howsley is a land use attorney, Edward H. Trompke is a land use, municipal and real estate attorney, Ezra Hammer is a land use attorney and Joseph Schaefer is a land used specialist with the Portland Dirt Law® firm Jordan Ramis PC (www.jordanramis.com).

You can reach Jamie at jamie.howsley@jordanramis.com; Ed at ed.trompke@jordanramis.com; Ezra at ezra.hammer@jordanramis.com; Joseph at joseph.schaefer@jordanramis.com [1] Sheetz v. El Dorado County, 601 US_(2024) [2] Rogers Machinery v. City of Tigard, 181 Or. App. 369,45 P.3d 966 [3] Nollan v. California Coastal Commission, 483 U.S. 825 (1987)

TUES, JULY 30, 2024 AT TUMWATER VINEYARD • 6 -9 PM All homes are ON TOUR this year, and not at this single site location.

TICKETS SALE NOW! www.StreetOfDreamsPDX.com TICKETS ON SALE NOW! www.StreetOfDreamsPDX.com

HBA BUILDING HOME | June / July 2024 | HBApdx.org

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performance building

Connect with us at HBApdx.org

Building Science Program update BY: CAROL EISENLOHR, BUILDING TOWARDS BETTER LLC AND HBA BUILDING SCIENCE CONSULTANT

In a news story that was released on April 29, 2024, the City of Portland Development Services offered plans for detached ADUs that meet certain building code requirements. There are other requirements that need to be considered when applying for an ADU permit but if the pre-approved plans are used, they will not require review for life safety or structural requirements of the ORSC. These pre-approved plans were provided by the City of Eugene and similar plans are currently being used in Bend and Salem.

This is the first of many efforts that the Bureau of Development Services will undertake, through regular community engagement, to provide pre-approved plan sets to help make the permitting process more efficient to help achieve Oregon’s housing goals.

BUILDING ADUS IN STYLE Previously showcased in the recent Homes of Tomorrow Today Tour, the Verdant Loft ADU is a 766SF Accessory Dwelling Unit (ADU) located behind an existing 1926 in the Northeast Portland Vernon neighborhood.

The ADU is two stories with 1 bedroom and 1.5 baths. Entry is from a small covered porch on the west street facing side with the roof above dropping low to bring the scale of the ADU down to compliment the one-story house. Once inside, there is a main floor entry space with an adjacent powder room and coat closet which opens up to the great room with Living, Kitchen, and Dining spaces.

The Homes of Tomorrow Today Tour, which concluded on April 21, 2024, allows consumers to tour newly constructed and remodeled homes throughout the Portland region showcasing the best in sustainable building practices, comfort, and durability - setting the benchmark for how future homes will be built to reach and exceed environmental demands and buyers’ needs.

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Don’t forget to schedule your BuildRight Coffee Chat with industry experts!

Join the HBA Building Science Consultant, ETO and other experts every Thursday at 9am via Teams or Zoom.

Talk through code questions, address specific building challenges and find resources for better building practices.

To schedule your individual chat, contact HBA’s Building Science Consultant Carol Eisenlohr at 503-710-2910 or buildingscience@hbapdx.org.

Gable roof option

Shed roof option

The HBA Building Science Program is a technical resource available to HBA members free of charge, funded in part by Energy Trust of Oregon, Home Certified, OrePAC, Portland General Electric and NW Natural. If you would like to utilize the Building Science Program to create a continuous improvement plan focused on your building challenges or a plan to prepare for future code changes, contact Carol Eisenlohr, HBA’s Building Science Consultant at carole@hbapdx.org or call to schedule an appointment at 503-710-2910.

The galley kitchen features full-size appliances on one side and a peninsula/island with stool seating on the dining room side. Moving through the great room to the east side of the ADU, the space above opens to a loft with a two-story wall of glass with a 4-panel center slide door on the main floor and a band of windows with skylights above. The east wall of windows is also flanked by a tall stack of windows with angled top matching the pitch of the vaulted ceiling high above.

The stair on the north side leads up along a slatted screen to the open bedroom loft.

Moving through the loft to the south side there is a full bathroom, laundry, and closet which can be hidden by a pair of barn doors.

Meet local builders who are leaders in better building practices and are helping to advance the efforts to build top-quality energyefficient, sustainable, and yet affordable homes in our region.

Carefully selected homes offer cutting-edge technologies and building science features including above-code energy performance scores, heat-pump

Openhouse Architecture

Gerlach Photo Co.

water heaters, ductless heat pumps, solar or solarready options, net zero, and additional sustainablebuilding certifications and designations.

Cultivate a deeper understanding of sustainable, energy-efficient building practices and home features available in today’s market! Join us next year for the Homes of Tomorrow Today Tour in April 2025!

HBApdx.org | June / July 2024 | HBA BUILDING HOME

performance building

Connect with us at HBApdx.org

Energizing Success: Highlights from the 2024 BuildRight Conference + Expo

As the doors closed on the 2024 BuildRight Conference + Expo, hosted at the Factor Building in Portland’s Central Eastside Industrial District, the event proved to be a resounding success, leaving attendees buzzing with newfound knowledge and inspiration. This year’s conference boasted significant growth in attendance, recognition, and engagement compared to previous years.

With 367 attendees actively participating through the newly introduced Whova mobile app, there was a notable 31% increase in registered attendees from the previous year—a testament to the growing interest and importance placed on energy efficiency and high-performance building practices. This heightened engagement was reflected in the 842 CCB credits awarded, demonstrating attendees’ commitment to professional development and industry advancement.

Produced by the Home Building Association of Greater Portland and 31 sponsors, the conference provided a platform for networking and collaboration,

with 4 leads generated via the mobile app alone. Attendees hailed largely from the Portland region, although the event attracted participants from as far as Salem, OR, and Southwest Washington, emphasizing the conference’s regional significance and appeal.

The success of the conference was further accentuated by attendee feedback, with 35% attributing their attendance to word-of-mouth recommendations, and an overwhelming 65% driven by the conference’s overarching mission to delve deeper into energy efficiency and highperformance building techniques.

A standout session, according to 33.33% of attendees, was Thursday’s Opening Keynote delivered by industry expert Mark LaLiberte, titled “Path of Continual Improvement: How to Implement Energy Efficient and Building Science Measures in your Everyday Practices.” LaLiberte’s insights resonated deeply, providing attendees with invaluable takeaways and actionable strategies to implement into their day-to-day business practices. This year’s conference also showcased 3 additional keynote sessions from Dr. Allison A. Bailes III, Josh Salinger, and a conference closing keynote panel discussion on Friday.

Feedback on the conference format

and venue was overwhelmingly positive, with attendees pleased with the transition to a two-day format and the selection of a larger location. Questions lingered about whether the same venue would be retained for the 2025 conference—a testament to attendees’ investment in the future of the event and its continued growth.

As the curtain falls on another successful BuildRight Conference + Expo, the momentum and enthusiasm generated emphasize the industry’s collective commitment to driving innovation, sustainability, and excellence in building science practices. With each passing year, the conference evolves, reflecting the dynamic landscape of energy efficiency and high-performance building, while serving as a beacon of inspiration for building science professionals and enthusiasts alike.

The BuildRight Conference + Expo presented by Energy Trust of Oregon + BetterBuiltNW is an official event of the Home Building Association of Greater Portland. If you have further questions or would like to discuss your participation in the 2025 BuildRight Conference + Expo, please reach out to Carol Eisenlohr at carole@hbapdx.org or by calling (503) 684-1880.

to advertise in the

C ON TAC T

Chris Sweet

971.204.7886 csweet@pamplinmedia.com

HBA BUILDING HOME | June / July 2024 | HBApdx.org

Oregon Home Magazine Structure + Style Awards September 26, 2024 Ironlight, Lake Oswego The Oregon Home magazine Structure and Style Awards recognizes the outstanding work of local companies across a variety of categories, including new residential construction, remodeling and design.

Winners are selected by a panel of industry professionals.

For more information visit www.ohssawards.com

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foundation news

Connect with us at BuildHopePDX.org

Helping Best Friends

BY TERESA SPANGLER, HBF STAFF

HBF volunteers battled the spring rain to help the deserving veterans who live at Vancouver’s Kiggins Village. Lennar Portland’s team of 30 employees came with a mission to make the village feel like home for the residents and their loved ones. The strategy aimed at improving the landscaping, and a building a run for the resident’s dogs. Kiggins Village operator Do Good Multnomah’s Lisa Horness explains they allow pets to encourage unsheltered people to come inside. “We see people who will self-select out of certain types of programming because they cannot bring their family, their pets with them,” Village dogs pranced around while they watched all the excitement. One of the residents explained how much his dog Tobin means to him “If I didn’t have him, I would have perished a long time ago.”

He tells us it will make a big difference for Tobin and the other three dogs that currently live here to have a place to play.

First HBF Project to Cross the River Kiggins Village is HBF’s first foray into helping a shelter in SW Washington.

Do Good asked for help to enhance the village, where 20 homes sit upon blacktop. HBA’s Project Manager Chris McDowell found an area behind the tiny homes for the dog run. Volunteers covered the area with weed suppressing fabric, then others tackled a mountain of mulch to spread on top. Alongside, volunteers dug post holes, while other Lennar volunteers measured and cut fence posts. Meantime, other employees and professionals from Pacific Landscape Services put their backs into creating planting areas to soften the edges of the complex. Lennar works with HBF each quarter on a volunteer project in the Portland area, and typically pays for the landscaping experts who bring invaluable expertise to the projects.

HBF carefully plans these “Care Days”, with Project Manager McDowell acting as the commander in chief. McDowell brings in all necessary building materials as well as tools like saws, shovels, rakes, 14

and wheelbarrows to use volunteer time as efficiently as possible. Do Good’s Horness praised the efforts, saying “When you build spaces that inspire dignity, you empower people to make those next steps.” Do Good supervises the site 24 hours a day, and provides the veterans assistance with health care needs, job placement, and with their searches for permanent housing.

By the time the Lennar crew put down their tools, they’d made a major transformation at the Village. Do Good’s Horness told HBF they are very thankful. “The time, attention, care and community building you put into each project with Do Good is incredible. The tired volunteers said they are happy to give their time. They leave knowing that their hard work will make life easier for some deserving neighbors and their fourlegged friends.

In late April, HBF also delivered some new cedar picnic tables to help Village residents enjoy their summer. The tables were constructed by students at Gresham High, with materials donated by HBF from our Education Partnership Program.

Students at Constructing Hope will assist by building wheelchair accessible platforms for each tiny home later in May. Do Good’s Horness says these simple acts of service can change lives. “Your work makes our programs feel more like home to our participants and create the environments for all to thrive.”

HBApdx.org | June / July 2024 | HBA BUILDING HOME

foundation news

Connect with us at BuildHopePDX.org

Home Improvements

BY CHRIS MCDOWELL, HBF STAFF

For the first time, Home Building Foundation is embarking on an affordable housing project, expanding its traditional focus on emergency and transitional shelter to permanent, supportive housing.

In early 2023, HBF approved a project with Community Partners for Affordable Housing (CPAH) to renovate the exterior spaces of two apartment communities that house about 110 families. CPAH began 30 years ago as a small grassroots non-profit at St. Anthony’s Church in Tigard and now runs ten affordable apartment complexes in Washington County and SW Portland. Because of the large size of the facilities, HBF opted to improve the natural and community spaces using its deep volunteer network.

The first of two projects, Oleson Woods is a 32-unit apartment complex, nestled in a wooded area near the Red Tail Golf Center. For this project, HBF’s scope of work is to transform large parts of the property that have become inundated with invasive Blackberry, English Hawthorn, and Ivy. Kicking off in January of 2023, volunteers have since worked over 800 hours removing large areas of non-native brush, restoring nature pathways, building fencing, seating, and clearing trash from the site. Groups like Lennar, Mountainwood Homes, Tivnu, and Old Republic Title have organized volunteer work parties totaling about 140 unique volunteers worth roughly $40,000 in donated labor.

HBF Executive Director Brenda Ketah explains organizations like CPAH are important players in regional housing strategy including homelessness prevention. “Affordable housing is part of the continuum of housing. Suppose we don’t have affordable housing options for people to move into after shelter or transitional housing. In that case, they can end up back on the streets or in unstable housing.” Ketah says CPAH is a great organization to partner with “because they also provide services and programs to strengthen their residents, providing housing stability and eviction prevention, youth and senior programs and community building activities.”

Typical to other HBF projects, in-kind donations from local companies have also helped contribute to the modest $35,000 cash grant for the two projects.

One of the most valuable contributors to the CPAH project so far is undoubtedly Clean it Up Mark! The local waste hauler removed ten dump trucks worth of invasive plant material from the site in 2023 free of charge. Then in January 2024, a catastrophic ice storm took out several of the original pine trees on the site, causing significant damage to the natural space and some of the residences.

HBF Project Manager Chris McDowell quickly enlisted Clean It Up Mark! to haul away dozens of 10’ long sections of trees the arborist left behind. McDowell spent two days loading out Clean It Up Mark! trucks with the help of a John Deere miniexcavator provided by HBF donor, Pape Rents. Despite the destruction to the site, HBF, with the help of Clean It Up Mark! and Pape, cleared the site of storm debris and reopened the parking lot to residents.

Later this year, HBF will pivot to the Greenburg Oaks community – a 78-unit complex. In this case, HBF is tasked with renovating the outdoor community space at the heart of the property. Preliminarily Adair Homes has agreed to take the project on as builder captain and help guide the transformation of the existing outdoor space with goals of improving accessibility, usefulness of the space as well as adding new covered pavilions and a central water feature. In a large housing community like Greenburg, the

HBA BUILDING HOME | June / July 2024 | HBApdx.org

outdoor space is an amenity to help relieve congestion of the site and add a sense of belonging for families living in the complex.

The new HBF partnership with CPAH has opened up new opportunities in the housing front. Just this month, CPAH and HBF were awarded a $65,000 grant from Tualatin Riverkeepers to reintroduce native trees and plants to Oleson Woods and begin the restoration process. The Greenburg Oaks space looks to break ground at the end of Spring and open by the end of Summer to residents. HBF has other affordable housing projects in its sights, for example a new Habitat for Humanity site in Lake Oswego already in construction. If you are interested in volunteering or donating to these great shelter projects, contact Chris McDowell at chrism@hbapdx.org.

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foundation news

Connect with us at BuildHopePDX.org

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HBApdx.org | June / July 2024 | HBA BUILDING HOME

EPS new construction

Connect with us at HBApdx.org

Why Consumers Choose to Install Solar and Battery Storage

BY ENERGY TRUST OF OREGON

Many homeowners are curious about the costs and benefits of installing solar and battery storage. To understand homebuyer motivations and barriers to installing solar and battery storage, Energy Trust of Oregon interviewed ten Oregon homeowners with solar and battery storage who have experienced at least one power outage since installation. Continue reading to learn what respondents valued most about solar and battery storage and how they overcame barriers.

Energy Resiliency Avoiding power outages was the top motivator for installing solar and battery storage. Generally, customers expressed concern over large-scale grid failure, storms, earthquakes, and rolling blackouts.

Having battery power that could last at least three to four days gave customers peace of mind.

While most respondents reported that their systems were set up to power the

whole home, equipment that was seen as critical to include was: • • • •

Kitchen, especially the refrigerator/ freezer Lighting in some areas of the home Internet Space heating

When running off battery power, respondents reported that they still made an effort to conserve their battery charge by turning off unnecessary items and reducing the usage of critical loads.

Respondents also reported that they enjoyed monitoring the performance of their system.

Financial Benefits Saving money over the lifetime of the system, particularly through net metering agreements with their utilities, helped customers justify their decision to install solar and battery storage. In addition to lower monthly utility bills, respondents

appreciated how their solar + storage system increased their home value.

Environmental Duty Customers feel overwhelmed when faced with the complexity of environmental challenges. Installing solar and battery storage gave them a sense that they were part of a solution and empowered them to find additional ways to conserve energy.

Customers also valued being able to help their neighbors during power outages.

Barriers and Solutions As expected, the upfront cost of the system was the primary barrier for customers when considering installing solar and battery storage. Fortunately, rebates, tax incentives, and financing helped offset some of the system costs.

Are you considering installing solar + storage on a new home? Email us at eps@ energytrust.org to learn about potential incentives and design support.

AUG 6 BUILD YOUR OWN TOUR! 11 AM- 7 PM. DETAILS AT STREETOFDREAMSPDX.COM

HBA BUILDING HOME | June / July 2024 | HBApdx.org

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Home Building Association of Greater Portland Receives Two National Association Excellence Awards The Home Building Association of Greater Portland (HBAGP) was recognized for its outstanding work in 2023 with two National Association Excellence Awards (AEA) from the National Association of Home Builders (NAHB).

“It is truly an honor for the hard work and professionalism of the HBA staff and our member volunteers to be recognized with these Association Excellence Awards,” said Jeremy Osterholm, 2024 HBA President. “I applaud their dedication to representing the home building industry, our members, and the work done in these two key priority areas for our organization.”

The two awards HBAGP received were for “Best Workforce Development Plan Implemented” and “Best Regional Government Affairs Effort”.

The Workforce Development Plan award recognizes the work led by HBA’s Home Building Foundation (HBF) to create a future workforce for our industry. This effort was launched in earnest in 2021 and significant

progress has been made in the last few years under the guidance of HBF Executive Director Brenda Ketah and HBF workforce program coordinator Teresa Spangler. The award recognizes the coordinated efforts and increased outreach and support for high school, community college, and preapprenticeship programs in our area. It also acknowledges the way HBF has tied these efforts and helped create a stronger interest in our industry by helping students and trainees connect to meaningful construction projects supporting local shelters. In addition, the growing partnerships with other organizations and the way HBA has leveraged our annual BuildRight Conference + Expo to engage trainees were also key parts of the plan.

The award for the Best Regional Government Affairs Effort recognizes HBA’s role in supporting a campaign to defeat last year’s Capital Gains Tax measure. With the

help and leadership of other organizations HBA works with, including the Portland Chamber and the Portland Metropolitan Association of Realtors, the campaign led to a historic 82% defeat – the first defeat of a local tax measure in over a decade.

“All of the AEA categories are competitive, but these two in particular are extremely so, especially in the large association size category we participate in,” said Dave Nielsen, HBAGP Chief Executive Officer. “Workforce Development is a high priority for many HBAs and there are several doing some fantastic work across the country. To be recognized like this for our work is phenomenal. And there are only two Government Affairs awards given in our size category each year. We have won the one for Best Regional Effort two years in a row, which is kudos to our staff, committee, and the great partners we work with in our region.”

OHBA MANUFACTURERS REBATE PROGRAM

Member Benefit Spotlight

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• The average rebate per builder/remodeler company who participated in 2022 was $1,526.65 • Long list of participating manufacturers!

• Three easy steps! 1. Register 2. Submit a remote claim 3. Receive your rebate check!

For more information, scan the QR code or visit HBArebates.com.

866.849.8400 | info@hbarebates.com

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HBApdx.org | June / July 2024 | HBA BUILDING HOME

member notes

Connect with us at HBApdx.org

New Member Spotlight – Rick Kitashima, WindsorONE Name: Rick Kitashima Company: WindsorONE Title: Business Development, PNW Please briefly tell us about yourself: I moved from Greeley, CO to Seattle, WA in 1989. I met my wife, Sharon shortly after, and celebrated our 30th anniversary this June. We have two wonderful boys, Kiegan, 22, and Kai, 19. Kiegan graduates from the University of Washington this June, Go Dawgs! Kai will be completing his freshman year at Seattle University, Go Redhawks!

We also have two beautiful girl Goldendoodles, Bailey, 5, and Blake, 9 months.

As a former heavy-duty diesel mechanic seeking a safer profession, I began my career in sales when Nordstrom expanded into direct sales, launching a catalog division in 1994. I was hired to sell women’s apparel in their call center, I will never forget the first inbound call I answered, it was that “ah-ha” moment that transformed my entire sales mentality. “Nordstrom The Catalog this is Rick, how may I help you?” No response, just awkward silence. I realized from that moment; I would have to step up my game to gain credibility with a predominantly female customer base. I went on to routinely study product knowledge and master the art of listening allowing my natural caring instincts to identify and fulfill customer needs. Ultimately this earned me the recognition that led to customers asking for me personally.

The awkward silence I received 30 years ago, still reminds me today that I must be knowledgeable, prepared, and genuine to earn creditability as an expert advisor. From selling women’s fashion to selling building products the concept of delivering world-class customer service remains the same.

Something your company does that you’d like people to know:

build America by creating US jobs. This is why Raymond Flynn, founder of Windsor Mill, made the decision to manufacture all of the WindsorONE products in the USA. With mills in Surry, VA, and Willits, CA you can proudly tell your customers that WindsorONE is locally milled in the USA.

What drew you towards becoming an HBA member?

As a Building Envelope Specialist prior to WindsorONE, creating downstream demand was paramount thus, I needed a resource to network with contractors. The MBA Pierce County was a great resource for networking, helping me to create downstream activity amongst contractors.

Last September, I had the opportunity to represent WindsorONE in Oregon. At WindsorONE a huge expectation of my job is to create downstream demand and pull-through marketing. I was determined to find that networking resource in Oregon. I walked into the HBA office and asked them how I could become a member. Jodi Bailey, previous HBA Director of Membership, signed me up on the spot.

What are you looking to get out of your HBA membership?

I strive to benefit from the HBA in various capacities such as: • A resource to network with a diverse group of building industry professionals. Through networking, I strive to genuinely listen, learn, assess, and identify how I may assist a member with accomplishing, fixing, or avoiding something in their business, ultimately creating a win/win situation for all.

• A viable stage to endorse WOMM (word-of-mouth marketing) campaigns and CCB/WindsorONE product knowledge education opportunities.

• A platform to help grow and foster our industry’s next generation, workforce diversity, conceptual sales strategy, and industry visionaries.

The three components that we live and stand by at WindsorONE are: Craftsmanship Pays | Durable Products | Build America

What are your hobbies?

Landscaping, hardscaping, home remodeling, golfing, swimming, walking on the beach or trail, playing basketball/ fantasy football with my boys, and training/playing with my pups.

The first thing you notice when you step into a home is the detail work. Trim shows off the exterior and interior detail work of every home. The builder’s craftsmanship is what gets them noticed and generates referrals. Builders use WindsorONE because every stick of WindsorONE is smooth and straight and comes with an industry-leading prime coat. Focusing on detail and craftsmanship are what has made WindsorONE a leader in the interior/exterior trim market since 1972. Our products are healthy/safe for the interior and durable for the exterior.

How many products do you buy that are manufactured in the USA? By buying products made in the USA you are helping to

Tell us one fun fact about you that not everyone knows: Ever since I was old enough to walk, I would roll up a small blanket, secure the roll with string, make a lasso and bridle out of rope, put on my cowboy boots, hat, and holster, and ride the arm of our couch (imaginary horse) into the wild, wild west. My favorite television shows back then were Bonanza, Gunsmoke, and Branded. I begged my mom and dad to take me to the National Western Stock Show in Denver, CO. After my first rodeo, I never missed one after that. Fast forward to my days as a young adult living in Greeley, CO I rode horses and helped birth calves. Needless to say, I am a true cowboy at heart!

HBA BUILDING HOME | June / July 2024 | HBApdx.org

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Energizing Success: Highlights from the 2024 BuildRight Conference + Expo As the doors closed on the 2024 BuildRight Conference + Expo, hosted at the Factor Building in Portland’s Central Eastside Industrial District, the event proved to be a resounding success, leaving attendees buzzing with newfound knowledge and inspiration. This year’s conference boasted significant growth in attendance, recognition, and engagement compared to previous years.

With 367 attendees actively participating through the newly introduced Whova mobile app, there was a notable 31% increase in registered attendees from the previous year—a testament to the growing interest and importance placed on energy efficiency and high-performance building practices. This heightened engagement was reflected in the 842 CCB credits awarded, demonstrating attendees’ commitment to professional development and industry advancement.

Produced by the Home Building Association of Greater Portland and 31 sponsors, the conference provided a platform for networking and collaboration, with 4 leads generated via the mobile app alone. Attendees hailed largely from the Portland region, although the event attracted participants from as far as Salem, OR, and Southwest Washington, emphasizing the conference’s regional significance and appeal.

The success of the conference was further accentuated by attendee feedback, with 35% attributing their attendance to word-of-mouth recommendations, and an overwhelming 65% driven by the conference’s overarching mission to delve deeper into energy efficiency and high-performance building techniques.

A standout session, according to 33.33% of attendees, was Thursday’s Opening Keynote delivered by industry expert Mark LaLiberte, titled “Path of Continual Improvement: How to Implement Energy Efficient and Building Science Measures in your Everyday Practices.” LaLiberte’s insights resonated deeply, providing attendees with invaluable takeaways and actionable strategies to implement into their day-to-day business practices.

This year’s conference also showcased 3 additional keynote sessions from Dr. Allison A. Bailes III, Josh Salinger, and a conference closing keynote panel discussion on Friday.

Feedback on the conference format and venue was overwhelmingly positive, with attendees pleased with the transition to a two-day format and the selection of a larger location. Questions lingered about whether the same venue would be retained for the 2025 conference—a testament to attendees’ investment in the future of the event and its continued growth.

As the curtain falls on another successful BuildRight Conference + Expo, the momentum and enthusiasm generated emphasize the industry’s collective commitment to driving innovation, sustainability, and excellence in building science practices. With each passing year, the conference evolves, reflecting the dynamic landscape of energy efficiency and high-performance building, while serving as a beacon of inspiration for building science professionals and enthusiasts alike.

The BuildRight Conference + Expo presented by Energy Trust of Oregon + BetterBuiltNW is an official event of the Home Building Association of Greater Portland. If you have further questions or would like to discuss your participation in the 2025 BuildRight Conference + Expo, please reach out to Carol Eisenlohr at carole@ hbapdx.org or by calling (503) 684-1880.

The Home Builders Association of Metro Portland has partnered with Regence BlueCross BlueShield of Oregon and Capital Benefit Services to bring members more affordable health care through the Building Industry Insurance Trust. HBA members deserve a health plan that's tailored to your industry and focused on the well-being of your employees and your business. Powered by the most trusted name in health insurance, your plan offers access to a broad provider network and support from an award-winning customer service team.

A healthy partnership Regence BlueCross BlueShield of Oregon is an Independent Licensee of the Blue Cross and Blue Shield Association

A healthy partnership

The Home Building Association of Greater Portland has partnered with Regence BlueCross BlueShield of Oregon and Capital Benefit Services to bring members more affordable health care through the Building Industry Insurance Trust. HBA members deserve a health plan that's tailored to your industry and focused on the well-being of your employees and your business. Powered by the most trusted name in health insurance, your plan offers access to a broad provider network and support from an award-winning customer service team.

To learn more or get a quote, visit buildingindustryinsurancetrust.com or call (425) 641-8093.

To learn more or get a quote, visit buildingindustryinsurancetrust.com or call (425) 641-8093.

Regence BlueCross BlueShield of Oregon is an Independent Licensee of the Blue Cross and Blue Shield Association REG-OR-860146-22 2022 HBA Ad Update.indd 1

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6/23/22 11:15 AM

HBApdx.org | June / July 2024 | HBA BUILDING HOME

HBA meetings & events Visit hbapdx.org/events for the most up-to-date information and event registration details.

If you would like to attend a meeting, check in advance to ensure there have been no schedule changes.

June Meetings

July Meetings

June Events

July Events

June 6 Membership & Retention Committee, 10:00 am, HBA Offices + Zoom

July 3 RCB Executive, 10:00 am, HBA Offices + Zoom

HBA Peer-to-Peer Round Table Event hosted by the Remodeling & Custom Building (RCB) Council Monday, June 10 Langdon Farms Golf Club 24377 Airport Rd NE, Aurora, OR 97002

Save the Date!

VIP Block Party at the NW Natural Street of Dreams Tuesday, July 30 Tumwater Winery

June 11 SOD Builder/Sponsor, 12:00 pm, HBA Offices – First Floor June 12 HPC Executive, 9:30 am, HBA Offices + Zoom June 13 HBF Executive, 8:30 am, HBA Offices + Zoom June 19 PWB Executive, 10:00 am, HBA Offices + Zoom June 27 HBA Board of Directors, 11:30 am, HBA Offices – First Floor

July 4-5 Independence Day Holiday – HBA Offices Closed July 9 SOD Builder/Sponsor, 12:00 pm, HBA Offices – First Floor July 10 PBUD Council Meeting, 9:00 am, Zoom HPC Executive, 9:30 am, HBA Offices + Zoom July 11 HBF Executive, 8:30 am, HBA Offices + Zoom Government Affairs, 10:00 am, HBA Offices + Zoom July 17 PWB Executive, 10:00 am, HBA Offices + Zoom July 18 HBF Board of Directors, 7:30 am, HBA Offices + Zoom

All Member Happy Hour presented by Area Floors and Programmed by the PWB Council Thursday, June 20 Area Floors 17400 SW 65th Ave, Suite 200, Lake Oswego, OR 97035 Cost: $25

HBA ACRONYM KEY HBF – Home Building Foundation H&G – Home & Garden Show HPC – Home Performance Council PBUD – Portland Building & Urban Development Council RCB – Remodeling and Custom Building Council PWB – Professional Women in Building Council SOD – NW Natural Street of Dreams®

THE OFFICIAL PUBLICATION OF THE HOME BUILDING ASSOCIATION OF GREATER PORTLAND HBA CEO Dave Nielsen Associate Publisher Brian Monihan, Pamplin Media Group Editor Samantha Thomas Advertising Representative Chris Sweet Graphic Design & Production Matias Ricco Published by Pamplin Media Group

HBA BUILDING HOME | June / July 2024 | HBApdx.org

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membership

Connect with us at HBApdx.org

Take advantage of these exclusive member discounts from HBA business partners, visit hbapdx.org/benefits for more info.

DISCOUNT GAS For more information contact Kathy Temple at 541-408-5155 Kathy.Temple@ edstaub.com

CREDIT CARD PROCESSING For more information contact Tim Holstein at 503-975-0660 timh@ swipenow.com

BUILDER/REMODELER MANUFACTURER REBATE PROGRAMS For more information contact Tami Walter, 503-684-1880 or tamiw@ hbapdx.org

CONSTRUCTION INDUSTRY CRIME PREVENTION COUNCIL For more information: www.cicpp.com

WORKERS COMPENSATION Qualifying HBA members can save up to 1% on SAIF.

BENEFITS For more information, contact the Program Manager at Capital Benefits Group at 425641-8093.

9 New Members THANKS FOR JOINING! ASSOCIATE MEMBER

BUILDER MEMBER

AROCK Technologies, LLC Nelson, Cate 503-912-2629 Electrical Contractors

Fairway Independent Mortgage Corp Landis, Steve 503-789-0292 Lending Institutions - Mortgages

Stark’s Vacuums Evans, Troy 360-609-3927 Vacuum Systems

CMG Home Loans Scolastico, Jessica 503-713-7988 Lending Institutions - Mortgages

Mattress World NW Layne, Andy 503-594-0551 Mattress Sales & Accessories

Summa Real Estate Group / Summa Development Group Horst, Tyler 503-956-8104 Developers - Single Family Residential

Custom Excavating by Dean Larson Inc Marriott, Rachel 503-861-6030 Excavating & Grading Contractors

NW Energy Collaborative, LLC Castrillon, William 503-567-5551 Green Building Verification & Consulting

Green Canopy NODE Homes Grismer, Mark 562-688-8409 Builders - Mfg./Panelized/Modular

105 Renewed Members THANK YOU FOR RENEWING YOUR MEMBERSHIP! 40-49 Years

Builders FirstSource JT Roth Construction Inc. McCoy Millwork

30-39 Years

Bliss Roofing Inc. Both Sides Construction Brookfield Properties Development Consolidated Supply Co./ The Fixture Gallery Craftwork Plumbing Inc. Dorothy Tester Sales Inc. Gary’s Vacuflo Inc Happy Homes Properties Inc. Lakeside Lumber Standard TV & Appliance

20-29 YEARS

American Sani-Can BASCO Community Financial Corp.

Delap LLP Dirt & Aggregate Interchange Endicott-Woods Enterprises Inc FASTSIGNS-Tigard GeoPacific Engineering Heritage Bank Lake Shore Concrete M & T Bank

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Pacific Western Homes Inc. Paulson’s Floor Coverings Sherwin-Williams Co.

10-19 YEARS

All Oregon Landscaping Inc. Alpha Stone Works Inc. B Ayres Plumbing Business Investment Group LLC Central Air, Inc Crown Tile, Inc. Earth Advantage Elite Development Northwest LLC Fireside Home Solutions Integrity Painting, Inc. International Wood Products Jarrard, Seibert, Pollard & Co. LLC Jordan Ramis PC JRA Green Building JT Smith Companies Kinton Land & Bison, LLC Kraft Custom Construction, Inc. Lifetime Exteriors Marnella Homes, LLC McMinnville Gas Inc. Metropolitan Land Group, LLC Olson & Jones Construction Solid Wood Floors Stone Bridge Homes NW, LLC Stone Creek Building & Development Inc.

Streimer Sheet Metal Works, Inc. Tiffany Home Design Ultimate Comfort, Your Heating & Cooling Specialist WaFd Bank Westlake Development Group LLC Zepak Corporation

5-9 YEARS

Banner Bank C3S Concrete Services Inc. Capital Benefit Group Crane Point Industrial Creekside Homes Inc. Custom NW Remodeling & Floors David Weekley Homes DC Builders Ed Staub & Sons Envision Inc Golsan Scruggs Insurance & Risk Management Great Northwest Gutters Haworth Inc. Ichijo USA CO LTD JC Reeves Corporation Kilmer Construction Lexar Homes Morrison Construction Co. LLC Mr Handyman of Lake Oswego & Tigard Pacific NW Marble & Granite PG Long Floorcovering, LLC

Qualified Electricians Red Hills Land and Design, LLC Schwabe, Williamson & Wyatt PC SK Hoff Construction LLC SQFT Studios The Partners Group

1-4 YEARS

APA - The Engineered Wood Association Area Floors Armadas Exterior LLC B. Clark Interior Design Canyon Glass Cox Electric, Inc Dealers Supply Co. Environmental Works LatinoBuilt Level Development NW LPG Specialties, LLC Overhead Door of Portland Portland Floor Inc Robben & Sons Heating Inc. Scovill Construction & Contracting Services LLC Stantec Sterling Custom Homes, LLC Trice Design Build VF Law Willamette Renovations LLC

HBApdx.org | June / July 2024 | HBA BUILDING HOME

your business 5 ways to stay healthy on your next vacation BY: REGENCE

Here are some tips to keep you and your loved ones healthy as you’re traveling.

1. Get all your recommended preventive care before you go.

It’s a good idea to have a check-up with your primary care provider (PCP) before you leave town. An annual checkup with your PCP is covered by most Regence plans with no outof-pocket costs. You should also get any vaccinations and age-appropriate health screenings to make sure you stay healthy while you travel. Login at regence.com to check your coverage for vaccinations and screenings. Many plans don’t cover travel vaccinations.

2. Plan for virtual care while you’re on the road. Whether you’re next to a campfire in Montana, on a beach in Hawaii or hiking the Appalachian Trail in West Virginia, anywhere you have access to the internet you’ll have 24/7 virtual access to a qualified medical professional. Virtual providers can make a diagnosis, create a treatment plan and send prescriptions to a pharmacy near you as needed. Consider virtual care for things like cold and flu, nausea and vomiting, rashes, sunburns, urinary tract infections and allergies. Learn about your virtual care options on regence.com.

3. If you need in-person care, take advantage of our robust provider network. Regence plans include access to the largest network of doctors and hospitals throughout the country — 92% of all physicians and 96% of all hospitals nationwide.

All Regence plans come with urgent and emergency BlueCard coverage.

Depending on your plan, you may also be able to see local BlueCard providers for non-emergency issues. To find out about your specific coverage, sign in and chat with us online or call us at the number on your member ID card. You can search for in-network hospitals, urgent care centers and providers in almost all U.S. states and territories at provider.bcbs.com.

4. Make sure you have coverage for international travel. Before traveling internationally, call the

number on your ID card to learn about your international coverage.

Some plans include a program called Blue Cross Blue Shield Global® Core that can help you find in-network hospitals, urgent care centers and medical professionals at your travel destination. If your benefits don’t include international coverage, you may want to purchase travel medical insurance or medical evacuation insurance through companies like GeoBlue®.

5. Be sure you have enough medication and medical supplies to last until you get home. You don’t want to get partway through a trip and realize you’ve run out of an important medication. It might be a good idea to talk your doctor about switching to a 90- or 100-day supply of your medications so you’ll have plenty to last through your vacation.

Changing to a 90- or 100-day supply can also save you money by reducing dispensing fees. If your medication will

HBA BUILDING HOME | June / July 2024 | HBApdx.org

run out while you plan to be gone, you can call the number on your member ID card. You may be able to arrange to get enough medication in advance to last you through your trip.

If you do run out, you could ask your provider to call in a new prescription to a pharmacy near you.

Bonus tip for Medicare Advantage members: •

Stay active while you’re on the road.

All Regence Medicare Advantage plans include a no-cost Silver and Fit fitness program that includes exercise programs and more than 1,500 workout videos. The program’s home fitness options can help you get a quick workout in even when you’re at a campsite, in a hotel room or on a cruise ship. Find out more at silverandfit.com. Or you can sign in at regence.com.

We hope these tips help you have a fun and healthy vacation. Find more travel tips at regence.com.

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your business Recent Amendments to Oregon’s Child Support Statutes May Impact Home Builders and Contractors

BY DANIEL S. REYNOLDS, ATTORNEY, SAALFELD GRIGGS PC

Previously, employers were required to report newly hired employees to the Oregon Child Support Program. This information is used by the Department of Justice to monitor and collect child support payments.

Effective January 1, 2024, the reporting requirement was expanded to include independent contractors, in certain situations.

Since subcontractors are typically considered independent contractors, it is important for contractors to understand when this new legislation applies to their projects.

Who is an “independent contractor” under this rule?

An independent contractor is “an individual who must file a federal form W-9” and “who is anticipated to be performing services for more than 20 days.”

Based on this definition, an independent contractor is not an entity such as a corporation or limited liability company. In other words, general contractors are not required to provide reports for the employees of a subcontractor entity that is engaged by the contractor. The reporting requirement covers individuals and not entities.

It is unclear, however, whether the reporting obligation extends to sole proprietorships. A sole proprietor may operate without employees and submit a federal form W-9 with their Social

Security number, instead of an Employer Identification Number. In that case, the sole proprietor may meet the definition of an independent contractor who is subject to this reporting requirement. Until there is further guidance from the Department of Justice, the conservative approach is for contractors to submit the report for any sole proprietor that does not have employees and is anticipated to personally perform services for more than 20 days.

Contractors should ensure they know the legal structure or status of each subcontractor they engage for the project.

A subcontractor may operate under an “assumed business name” and still be an individual independent contractor that is covered by this rule.

Contractors should also be mindful of situations where they engage an individual to serve as an independent contractor for more than one project. Even if the duration of each project is only a few days, the independent contractor is still covered by this rule if the total engagement is anticipated to exceed 20 days.

What must be reported to the Oregon Child Support Program?

The report must contain the independent contractor’s (1) name; (2) address; and (3) Social Security number.

When is the report due?

The report is due no later than 20 days after the date the employer engages or reengages the independent contractor. To “reengage” an independent contractor means to engage an individual who previously performed services as an independent contractor but has not performed services in the past 60 days.

Where is the report made?

The report can be submitted through the Oregon Employer Services Portal, which is available at www.oregonchildsupport. gov/employers. Employers can also submit the completed form by fax or mail to the Oregon Child Support Program.

While this change does not implicate all construction projects, it may impose additional reporting requirements for projects that involve individual tradespersons and subcontractors.

Contractors that subcontract work to individual independent contractors must ensure their recordkeeping and reporting procedures comply with the Oregon Child Support Program.

The information in this article is not intended to provide legal advice. For professional consultation, please contact Saalfeld Griggs PC at (503) 399-1070 or visit www.sglaw.com.

Succession Planning for Business Owners BY: JOE SEIFERT, DELAP LLP

DeLap Corner

In the bustling world of residential construction and home building, the future seems ever expansive. However, it is important to have a clear picture of WHERE you are going in order to make the most effective decisions about HOW to get there. Succession planning is a strategy that evaluates the current status of a business and the business owner, then considers future goals, hopes, and dreams to increase overall likelihood of successfully achieving those goals. Performing formal succession planning helps support a seamless passing of the baton between leadership, improves the probability of smooth transitions, and increases post-transition fulfillment.

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Effective succession planning includes mitigating risks related to the 5Ds — death, disability, divorce, disagreement, and distress.

Without preparation, these unexpected events can unravel years of hard work and dilute a company’s value. Strategic planning helps mitigate these risks, preserving the business’s value and legacy.

However, succession planning is more than just minimizing business and personal risks; it is also about maximizing business potential and personal satisfaction. Taking the time to write down your goals and making plans for how to accomplish those goals will increase your chances of achieving your dreams. Having a professional help lead you through the process will ensure that you are aware of the wide variety of questions you need to think through.

Consider engaging a Certified Exit Planning Advisor (CEPA) to assist you in navigating the complex process of succession planning. These seasoned professionals specialize in succession planning and equip business owners with strategies to amplify their company’s worth and master the market’s fluctuation or life’s unpredictable turns. CEPAs can help ensure your transition strategy aligns with your personal, financial, and business goals, making them invaluable for business owners in any industry, but especially the construction and home building sectors. Don’t wait any longer to begin your succession planning journey!

If you have any questions about succession planning, reach out to Jill Tichenor at Delap by calling 971-327-4746.

HBApdx.org | June / July 2024 | HBA BUILDING HOME

safety solutions

Connect with us at HBApdx.org

Trailer Towing Safety

BY BRAD NANKE, OHBA

Before driving, make sure your vehicle maintenance and trailer maintenance are current. This is very important because towing puts additional stress on the tow vehicle.

Ensure pre-travel inspections are completed.

Don’t risk your life, the lives of everyone out on the road with you, or damage to your equipment because of an issue that could have been avoided. Don’t risk it, inspect it!

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•

• •

•

Check and correct tire pressure on the tow vehicle and trailer.

Make sure the wheel lug nuts/bolts on the tow vehicle and trailer are tightened to the correct torque.

Be sure the hitch, coupler, draw bar, and other equipment that connect the trailer and the tow vehicle are properly secured and adjusted.

Verify the hitch ball and coupler or ball mount are of the same size; i.e. 1 7/8”, 2”, 2 5/8”, etc.

Check that the trailer safety chains are properly secured to the tow vehicle.

Check that the wiring is properly connected— not touching the road, but loose enough to make turns without disconnecting or damaging the wires.

Make sure all running lights, brake lights, turn signals, and hazard lights are working.

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•

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HBA BUILDING HOME | June / July 2024 | HBApdx.org

Verify that the brakes on the tow vehicle and trailer (if equipped) are operating correctly.

Check that all items are securely fastened on and in the trailer. Be sure the trailer jack, tongue support, and any attached stabilizers are raised and locked in place.

Check load distribution to make

•

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sure the tow vehicle and trailer are properly balanced front to back and side to side.

Adjust side and rear-view mirrors as needed to make sure you have good visibility.

Check routes and restrictions on bridges and tunnels including clearance height of your load.

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center stage HBA Peer-to-Peer Roundtable Event + All Member Happy Hour hosted by the Remodeling & Custom Building (RCB) Council and presented by Standard TV & Appliance

Beautiful appetizers created by Standard TV & Appliance chefs for our guests

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Happy Hour guests enjoying appetizers in one of the Standard TV & Appliance show kitchens

The Remodeling & Custom Building (RCB) Council sharing tips and tricks with industry peers before the Happy Hour

Garrett Anderson (Contract Furnishings Mart) sharing his HBA CEO Dave the festivities for the attendees evening expertise withNielsen fellowleading Peer-to-Peer Roundtable

Rachel Trice (HBA), Jeff Jarvis (Standard TV & Appliance), Garrett Anderson (Contract Furnishings Mart), Barb Bradshaw (Standard TV & Appliance), and Matthew Roma (Standard TV & Appliance)

HBApdx.org | June / July 2024 | HBA BUILDING HOME

center stage 2024 BuildRight Conference + Expo presented by Energy Trust of Oregon and BetterBuilt NW

Conference attendees relaxing in the Central Eastside Design District lounge between sessions

Brian Schmidt (Brian Schmidt Builder) sharing industry knowledge with an aspiring home building apprentice

Conference speakers discussing Building Science between session presentations

Presenters Bryan Uhler (Pioneer Builders, Inc.) and Mike Cairns (Innotech Windows + Doors)

A crowded session in the HVAC Workshop classroom

HBA BUILDING HOME | June / July 2024 | HBApdx.org

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A NEW Italian love story Fulgor Milano’s 48” Sofia Professional Induction Range

Get ready to fall hard. Fulgor Milano luxury appliances are the perfect match for your life and your kitchen. The 48” Sofia Professional induction range is available in two models - seven induction cooking zones, or five induction cooking zones and a dual-zone induction powered griddle in addition to powerful primary and secondary convection ovens meticulously handcrafted in Italy for the North American home. Amore

PLACE YOUR LOGO HERE

Visit our showrooms Lake Oswego - Pearl District - Outlet Store www.bascoappliances.com

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HBApdx.org | June / July 2024 | HBA BUILDING HOME