We have GOOD NEWS to share on the Peoria County Contractor Licensing proposed Ordinance! But first, a summation of the issue and the steps taken follows.
This issue came to light very quickly and without discussion with or input from the companies who would feel the greatest impact. The issue was hurried through the process and presented for Land Use Committee approval in just a matter of days, and the decision was rushed without giving full attention to the way in which it could affect many companies doing business in Peoria County.
Last Friday, Peoria County administration agree to meet with members of our Association to review the subject. Our thanks go to Builder Members Terry Ruhland, Wayne Herrmann and Scott Tucker in their efforts in contacting County Board members, preparing “Letters to the Editor” to run if needed, and more. After our members hit the phones, it was clear heading into our Monday meeting that we had a sympathetic ear to our concerns on the County Board.
Just yesterday, HBAGP members Wayne Herrmann, Terry Ruhland and Attorney Bill Connor met with Peoria County Administrator Patrick Urich, P&Z Director Matt Wahl, and Bill Atkins from the State’s Attorney’s office.
While contractor registration in itself is not alarming to industry professionals, there were several items in the proposed Peoria County Ordinance that were of great concern. Major items included the revocation clause in the proposed Ordinance was written in a way that would allow Peoria County to stop your business from operating in the County without due process.
Specifically, it allowed for subjective judgements about quality issues that are not defined in black and white terms (such as are code issues) that could shut down your operations in the County. We pointed out that under such a scenario, the County would expose itself to liability should it be later proven that their judgement was incorrect. And HBAGP does not feel that the County should put itself in a position to resolve disputes between homeowners and trades people.
Attorney Bill Connor researched the issue from a legal standpoint and was on hand to provide his counsel on HBAGP’s behalf on whether the County actually has the authority to shut down businesses that are only “suspected” of a violation, rather than proven guilty in a court of law. The ordinance proposed to shut down businesses during an investigation/hearing period. Bill informed the County officials of a State Attorney General ruling that indicated that they do not have that right, so even if the ordinance had passed, it would likely be overturned in ensuing litigation.
It was also pointed out that most Land Use committee members indicated in phone conversations that they had been misinformed on the issue of whether or not the ordinance and its consequences had been dicussed with members of the Home Builders Association in advance of their approval. Many committee members were under the impression that HBAGP was “on board” with this issue, when in fact, we were not provided any information on the issue prior to Committee vote.
So now where are we?
The County Administrator assured us that he would discuss the issue further with the Board Executive Committee last night. Today, he followed up with a phone call to say that the ordinance was referred back to the Land Use Committee, which will hold a special meeting on Monday, April 5th to rescind the vote that recommended the ordinance to the Peoria County Board. Most all Committee members have already expressed their willingness to vote in this way. Once the approval is recinded, they will then vote on a licensing act that applies only to paving contractors and not to “all” contractors doing business in Peoria County.
At this time, and assuming that things do proceed as outlined herein … we do not need member presence at the April 8 Peoria County Board Meeting, as the issue will find its conclusion in the Land Use Committee prior to that time. If anything changes, we will let our members know immediately.
Thanks to all of our members for your phone calls, emails, interest and support of HBAGP during the review and protest of the proposed ordinance. And special thanks to Bill Ward of the Home Builders Association of Illinois for giving us a perspective on the issue from the state level, and helping uncover the truths in this issue. Further, we would formally thank Peoria County Administrator Patrick Urich, P&Z Director Matt Wahl, and Bill Atkins of the States Attorney’s office … as well as all of the Peoria County Board Members we spoke to (and there were many) … who were all especially attentive to our concerns, listened carefully and obviously understood the nature of our concerns. Thanks to them for allowing our voices to be heard and letting the process work as it is intended.
As HBAGP members, you can be especially proud of the work a small group of members were able to accomplish … due to the respect that our Association has earned within the region as a highly-visible and professional group. As an extension of this issue, the County Administrator has asked us to take part in a committee to help them address enforcement issues as they attempt to get better compliance from parties that operate outside the traditional framework of our industry. HBAGP will be proud to work with the County in that regard.
