Building in Maryland and Washington, DC

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

Multifamily Roller Coaster I t’s B e e n A W i l d R i de Also in this Issue: Celebrity Chefs

MAy/June 2012

Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, MD 20903 Phone: (301) 445-5400, Fax: (301) 445-5499 E-mail: communications@mncbia.org Website: www.mncbia.org 2012 Executive Committee Steve Nardella President

Frank Bossong, IV Associate Vice President

Rick Bailey Vice President/Calvert Co.

Clark Wagner Treasurer

Doug Meeker Vice President/Charles Co.

Dave Lunden Vice President, State Legislative/Secretary

Robert J. Spalding Vice President/Montgomery Co.

BUILDING

IN MARYLAND AND WASHINGTON, DC Representing Calvert, Charles, Montgomery, Prince George’s and St. Mary’s counties in Maryland and Washington, DC

FEATURES

Robert R. Harris Life Director

Hillary Colt Vice President/ Prince George’s Co.

Martin J. Mitchell Immediate Past President

Mike Mummuagh Vice President/St. Mary’s Co.

Stephen P. Elmendorf Legal Counsel

Brian “A.J.” Jackson Vice President/Washington DC

Diane K. Swenson Executive Vice President

2012 Board of Directors

Howard Katz David Little Mark MacFarland Tom Marshall Jim Plazak Steve Robins Gary Rubino Michael Schueler Charlene Thayer Peggy White Mel Willis Carter Willson

Lynn Elahi Brian Afnan Hugh Carroll Jeff Caruso Chuck Covell Mike Conley Tony Crane Timothy Dugan Ken Dunn Mary Giles Tom Hudson Tom Hyde Robert A. Jacobs

MNCBIA Staff

Executive Vice President Diane K. Swenson, CAE Vice President, Government Affairs F. Hamer Campbell, Jr.

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1 1 Celebrity Chefs Cook it and They Will Come!

DEPARTMENTS 6 A Message from the President 15 The Legal Pad 16 The Engineer’s Angle

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Associate Director/Government Affairs Robert Kaufman

17 MNCBIA Membership News New Members MNCBIA’s Most Wanted List

Associate Director/Regulatory Affairs Annette Rosenblum

STARS Club

Communications Director Kelly H. Grudziecki

18 Events Calendar

Director, Membership/Events Jean Mathis

Index of Advertisers

Manager, Builders Development Guaranty Group Lisa S. Goheen Director, Home Builders Care Foundation/HomeAid DC Patti Kane

May/JUNE 2012

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Published for: Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, Maryland 20903 301-445-5400 Fax: 301-445-5499 E-mail: building@mncbia.org Website: www.mncbia.org

Published by:

E&M Consulting, Inc. 1107 Hazeltine Boulevard, Suite 350 Chaska, Minnesota 55318 800-572-0011 Fax: 952-448-9920 Website: www.emconsultinginc.com Published April 2012 MNC-S0210/9844

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FROM THE PRESIDENT

With Spring Comes Signs of New Life

T Steve Nardella

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he signs of spring are all around us; longer days, warmer temperatures, budding trees, blooming flowers, and yes, lots of pollen. These signs of a fresh new year also mean we are in the middle of the spring selling season. What spring market signs are being experienced? Happy home shoppers with a spring in their step and home sellers springing to action to close a sale. Do you get the spring theme!

Recent data suggests that permits are springing up.

Let me start with year-to-date building permit performance through February as reported by NAHB. The Washington, DC, metro market statistical area, which includes DC, and parts of suburban Virginia, Maryland and West Virginia have issued 2,520 single family permits (single family detached and town homes) versus 2,080 for the same period in 2011.

That’s a 21 percent increase in single family permit activity over last year. Multifamily activity is not demonstrating the same strength so far in the DC metro market area.

A total of 1,280 permits were issued in 2012 vs. 2,530 through February of 2011, resulting in a decline of nearly 50 percent. Overall combined totals year-over-year show 3,800 permits YTD in 2012 vs. 4,610, a decline of 810 units or about 18 percent, driven by the drop in multifamily activity. See the article is this issue on multifamily housing and read about the mitigating factors to those numbers.

Throughout the State of Maryland, however, including the Maryland suburban areas of DC, total year-to-date permit activity through February is showing solid positive year-over-year results for both single family and multifamily units. Single family permits total 2,110 in 2012 vs.1,994 in 2011, an increase of about 10 percent and multifamily permits are up a whopping 280 percent to 990 units from 260 through February last year. This is great news for those of us working in the MNCBIA region and state of Maryland.

NAHB Chief Economist David Crowe states, “Housing starts, home sales and builder confidence have generally been trending up in recent months, adding to the growing field of evidence that the overall housing market is gradually but consistently moving in the right direction. In addition, the number of improving housing markets nationwide has grown to over a quarter of all markets during this period”.

Spring is looking up!

On the legislative front it is important to note that as of this writing we are in the final weeks of the Maryland legislative session in Annapolis. The MNCBIA and MSBA have been actively involved in advocacy on many issues.

Two primary matters, however, have garnered much of our

BUILDING IN MARYLAND AND WASHINGTON, DC

attention and we have accomplished success in influencing the outcome of both.

The first is the Governor’s Bay Restoration Fund Bill (BRF), which will increase a broad based tax that will help fund cleanup of the Chesapeake Bay by upgrading point source pollution from the state’s many wastewater treatment plants. SB 240/HB 446, which the industry supports, passed the House of Delegates by a comfortable margin and is headed to the Senate where it is also expected to pass.

Secondly, The Sustainable Growth and Agricultural Preservation Act of 2012, aka the ban on septic development, the industry’s top legislative issue, is making its way through the General Assembly. MSBA and a coalition of industry representatives offered a set of amendments for the Administration, championed by Sen. Mac Middleton of Charles County. The bill, as now amended includes the following improvements among others: 1) Grandfathers projects that submit for preliminary plan approval by Oct. 1, 2012 or projects that apply for percolation approval by July 1, 2012. 2) Projects must get preliminary plan approval by October 1, 2016. 3) Tiers are locally designated with no MDE or MDP expanded scope of subdivision approval. 4) Definition of major/minor can be adopted by a local jurisdiction until Dec. 31, 2012. 5) The provision requiring MDE to establish a permit for septic subdivisions was removed. I want to extend many thanks to the legislative committee members, our expert staff and all of the people involved from our leadership for their tireless efforts during these dizzying days of the Maryland legislative session.

In closing, I want to share some exciting news. We have added 22 new members this year so far bringing our total membership to 505. This is a great start to the year and will help make our voice more relevant now and in the future as we continue to advocate for sound policy and practices that impact our business every day. Please take a moment today to call a trade partner, vendor or contractor and encourage their support of our association mission by becoming a member of the MNCBIA. Enjoy the spring season and happy selling! m

Multifamily Roller Coaster The multifamily market in the national capital region has been a wild ride.

Now it may be falling back to Earth. What happens next?

By Michael Fickes

The demand for apartments is enormous in the national capital region.

Why?

“We’re seeing areas with no apartments, making it impossible for people

Vacancies for Class A and B apartments have risen to 3.8 percent this

to move there,” says Kenneth Wenhold, regional director of the Mid Atlantic

year, up from 3.4 percent in 2011, continues Knapp. Job creation stood at

Region for Houston-based Metrostudy, a research firm studying housing,

20,500 in 2011, compared to the 20-year historical average of 35,700.

retail and related industries. “In some markets, we’re seeing rent escalations as high as 20 percent.”

Knapp also notes that the projected absorption for the next three years stands at 5,100 units per year, while the development pipeline for all three

“There is a lot going on right now, especially in the DC market,” adds Matt

years is 34,449.

Crance, LEED AP and assistant project manager with Hamel Buildings, Inc. in

“Supply will exceed demand over the next three years,” Knapp says. “This

Elkridge, Md. “A lot of people seem to be moving to the multifamily market.”

is the key problem: oversupply will raise the vacancy rate from today’s 3.8

Why is demand for apartments so strong despite the recovery’s

percent to 5.4 percent in 2014.”

continuing lack of job growth?

“Usually, you need job growth to generate demand for multifamily

Mitigating Factors

development,” says Greg Bonifield, a partner with Woodfield Development Company in Arlington. “It’s different this time because of changes in the

Near term, expect an oversupply of multifamily units that may cause a little or a lot of pain in the national capital region.

housing markets.”

Several factors may mitigate the oversupply problem.

In fact, many things have changed, are changing and will change in the

First, the projected oversupply covers only the macro-market. What

Maryland national capital region. Eventually, all of this activity will unleash an

about the submarkets? “A project in Germantown doesn’t compete with a

even greater demand for multifamily housing.

First, though, a bump in the road.

project in Silver Spring,” observes Knapp. “Each submarket should be looked at separately.”

Along the same lines, experienced developers with national or large

Trouble For Tomorrow

regional profiles vet their proposed projects carefully to avoid problems

In response to current demand, a number of new multifamily

like oversupply in the submarkets they go into. “We look for opportunities

developments are on the way. “There is a lot of planning,” says Rick Morris,

in areas with high barriers to entry,” says AvalonBay’s Morris. “These are

senior vice president with AvalonBay Communities, Inc. in Arlington. “Most

places where it takes a while to get land entitled and not just anyone can

of the major multifamily players on the east coast and some national players

afford to come in and build.”

are here and moving a lot of product through entitlement and financing.”

Second, this stage of the cycle has seen less competition than usual

Most of this activity appears to be occurring in Washington, DC,

from single-family home and condominium development. “For sale product

Montgomery County and Prince George’s County. Observers say that the

puts downward pressure on rents,” he says. “During the housing booms of

high levels of demand for apartments have yet to reach the outlying counties

2001 and 2007, for sale product proliferated. There is no evidence of that

of Calvert, Charles and St. Mary’s.

in this cycle.”

While the development pipeline appears full, another set of considerations

Third, the rate of home ownership has fallen. “Home ownership has

has begun to give pause to multifamily developers. “Historically, the DC metro

dropped by more than three percent,” notes Greg Bonifield, a partner with

area has ranked as the top multifamily market in the U.S., but no longer,”

the Woodfield Development Company in Arlington. “Each percentage point

says Dick Knapp, senior vice president and head of the multifamily division of

of the home ownership rate translates into 1 to 1.2 million households. That

Foulger-Pratt Development in Rockville. “Various rating companies that assess

has changed the supply and demand balance in the multifamily category. We

the economic strength of multifamily markets have dropped DC and Northern

think this will continue to be the case for several more years.”

Virginia into the middle of the pack and ranked Maryland near the bottom.”

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As the home ownership rate fell, the multifamily development market went into hibernation after the financial collapse — allowing supply to fall way behind demand.

company expects foreclosures to begin a multi-year decline. This group will likely add several million people to the renter-by-choice category.

Then there are the empty nesters, the baby boom generation, whose

A fourth and perhaps most important factor mitigating the over-supply

kids have graduated from college, taken jobs and moved away. Some empty

problem may be what one commentator recently called the pipeline

nesters want to downsize and eliminate the worries of maintaining a house.

pipedream. Under this theory, many proposed multifamily housing projects

Finally, the economy will eventually begin to generate jobs. It hasn’t so

in the pipeline won’t materialize thanks to more rigorous underwriting

far, but it always eventually does.

requirements put into effect since the housing bubble burst. In particular, equity requirements have moved 10 percent from 20 -30 percent. That will cause some projects to die on the vine.

Coming Soon: A Housing Shortage In The National Capital Region What do these changes in the national multifamily market mean to the national capital region — now the fourth largest metro area in the United

The Rising Multifamily Market

States, behind New York, Los Angeles and Chicago?

Whatever happens in the near term, the national and regional, long-term

Throughout the next 20 years, job growth in the region will enable

multifamily outlook shows lots of promise, given the decline of the single

multifamily developers to tap into the overall housing market’s newfound

family housing market and changes in multifamily demand.

passion for renting.

Eighty million echo-boomers are now entering the housing market. As a

Citing Stephen Fuller of the George Mason University Center for Regional

demographic cohort, Knapp believes they will prove less loyal to employers

Analysis, Knapp notes that long-term projections for job growth in the region

and churn through as many as 15 or 20 jobs over the course of their careers.

call for 1.05 million net new jobs over the next 20 years.

They will move to be closer to most of those jobs. “All of this skews toward renting, which allows easy entry and exit,” he says.

To calculate net new jobs, you don’t count workers who replace other workers who retire or leave the region. You only count the new jobs.

Bonifield agrees, pointing out that Woodfield Investment’s demographic

“Job formation translates into housing need,” continues Knapp. “Fuller

target has gotten a bit older. “The bulk of our audience is 25 to 35 years old and

estimates that job creation in the region will lead to a need for 731,457

in the top 10 percent of income in the area where we are developing,” he says.

housing units in the metro area to accommodate arriving workers. That’s

“Today, we’re also seeing that top of the age bracket move up to 40 years old.

“Many are renting by choice. They like the freedom of not being tied to a house. I think that would have happened sooner but it was so easy to buy, sell and make a profit.”

37,000 units per year, a number that vastly exceeds the comprehensive plans for the metro jurisdictions as well as the region’s ability to issue building permits.”

The average number of permits issued per year in the region totals 28,600. “What we have here is a classic (and long term) housing shortage

“The national and regional, long-term multifamily outlook shows lots of promise, given the decline of the single family housing market and changes in multifamily demand.”

in the metro area,” Knapp says. “In the past, shortages have pushed housing into West Virginia and Pennsylvania. Fuller estimates that continuing the current pattern of pushing housing units into the suburbs and exurbs, instead of pursuing redevelopment and infill, could put 500,00 more cars on

Today’s renters-by-choice include two important groups who have usually owned their own homes.

the region’s roads. A half million new commuters on our already congested roads is infeasible.”

First, many of those who have lost their homes through foreclosures

Dense, urban infill multifamily housing can help manage congestion and

will turn to renting. That’s a big group. According to Realty Trac

analysts believe that it will play a large role in the housing future of the region.

(www.realtytrac.com), an online marketplace of foreclosure properties,

“Historically, multifamily housing has accounted for 36 percent of total housing

lenders foreclosed on a record 3.8 million homes in 2010, two percent

in the region,” Knapp says. “Fuller predicts that these job and housing trends

higher than 2009 and 23 percent higher than 2008. Realty Trac officials

will drive the multifamily percentage of total housing to 60 percent.”

believe the 2011 count, when completed, will beat 2010. This year, the

That’s a recipe for a sustained multifamily boom. m

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Celebrity Chefs Cook it and they will Come!

F

or more than a decade, members and non-members have been coming to MNCBIA’s Celebrity Chefs event for the food, the networking and the overall good time. There’s nothing like some steaming hot crab dip, followed by a big

plate of BBQ, washed down with an oyster shooter and finished with something sweet to make you forget about the unappetizing economy. Just ask any of the 200+ people who went home with full stomachs.

Last year we debuted our “Celebrity Chefs Cooking Challenge” that had competitors battling it out to see who would be crowned Top Chef. Taking home the crown was Bozzuto Homes for their south of the border Enchiladas. Bozzuto was back to defend its’ title, this year with Chicken Tikka Masala. Our esteemed judges included, personal Chef Taueret Thomas, an award-winning chef and educator with more than 15 years of experience and the owner and chef of Khepera’s Culinary Creations and Jim Plazak of Fireside Hearth and Home. This hungry duo was tasked with the job of sampling 24 dishes from lasagna to jambalaya. Taking home third place in the Challenge was NAI The Michael Companies for their Bacon Wrapped Tenderloins & Scallops, second place went to Ashton Manor for their Venison Chili & Goose BBQ and the 2012 Top Chef was Mitchell & Best Homebuilders for their Salmon Pâté.

Adding more fun to the evening were the door prize drawings. BIA member Washington Gas generously donated a Kindle Fire and an iPod Docking Station.

And Home Builders Care Foundation boosted the excitement level, and put the fun in fundraising, by hosting a 50/50 Raffle.

Many of the same builder chefs have returned year after year, and we thank them all for their support over the years. They have made Celebrity Chefs what it is today, one of MNCBIA’s favorite and most well-attended events.

Our “Celebrity Builder Chefs” this year included Bozzuto Homes, Caruso Homes, Covell Communities, D R Horton Inc., Elm Street Development, K B Homes, Liberty Home Builder Inc., Mid-Atlantic Builders, Inc., Mitchell & Best Homebuilders, NAI The Michael Companies, Pleasants Development, St. Charles Communities and Winchester Homes Inc. Not to be outdone, a number of our Associate members presented exciting and informative exhibit tables, and some even took on the role of Chef. Thank you to our Associate member participants including, Amberlea Photography & Design, Ashton Manor, Davey Resources Group, Fireside Hearth & Home, George Mason Mortgage, Geo-Technology Associates, Inc., Greenhorne & O’Mara, Inc., Hercules Fence of MD, Home & Design magazine, Kim Engineering Inc., Liberty Mutual Insurance, Loiderman Soltesz Associates, Inc., McMillan Metro, P.C., Metropolitan Fire Protection, Segmental Wall Specialists, Inc., Sport Systems, Inc., Village Settlements and Washington Gas. Of course lots of work goes into planning this event and many thanks are owed the Celebrity Chefs Committee, Co-Chairs, Lynn Elahi, Washington Gas and Joe Pushak, Bonded Builders Warranty Group with MNCBIA staff support by Jean Mathis and Kelly Grudziecki. m BUILDING IN MARYLAND AND WASHINGTON, DC

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EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

MAR/APR 2012

Homebuilding Trends in a Reviving Market Also in this Issue: Community Service Award Winners

2012 offers new opportunities to increase visibility and image throughout the building industry

Distribution: • General Contractors • Specialty Contractors

Maryland National Capital BIA offers the advertiser the opportunity

• Professional Associate Firms

to reach a diverse group of professionals within the building industry.

• State & Local Purchasing Offices

Our magazine is used by the individuals who constitute the bulk of the purchasing power within the building community.

• Architects • Construction Managers

The MNCBIA has advertising rates to fit

• Suppliers

everyone’s budget. Typesetting is complimentary.

• Construction Users

Each advertiser receives a FREE listing in the Index to Advertisers.

• Building Management

This categorical index in the magazine works as a second buyers’

• Other Affiliated Industry Professionals

guide for readers purchasing products and services

• Developers and Owners

We are proud that the region’s building industry considers Building Magazine an indispensable tool for staying up to date on major projects, issues, and happenings in the construction industry. Don’t miss out on this great opportunity to promote your business to the region’s top construction users; architecture, engineering and design professionals; general and specialty contractors; elected and appointed officials; and other affiliated industry professionals.

Advertising space is limited, ensure your company is represented by reserving your space now!

Contact Advertising Sales today 800.572.0011 / 240.393.4149 or marc@emconsultinginc.com

The Legal Pad The Montgomery County Council Expands the Minor Subdivision Process

By Casey L. Cirner & Steve Orens, Miles & Stockbridge, PC

T

he Montgomery County Council, sitting as the District Council, recently enacted a Subdivision Regulation Amendment expanding the Planning Board’s minor subdivision approval authority. Subdivision Regulation Amendment (SRA) 11-02 was adopted on February 7, 2012 and became effective on February 27, 2012. SRA 11-02 amends Section 50-35A of the County Code by adding two new scenarios for which the Planning Board may approve a minor subdivision, otherwise eliminating the need to pursue a full blown preliminary plan. The two new scenarios are available to combine a record lot with an adjoining “part of a lot” or parcel or convert an improved residentially zoned “part of a lot” into a record lot. The minor subdivision provisions are codified in the County Code as Section 50-35A(a)(10), Combining a Lot and Adjoining Property and Section 50-35(a)(11), Creation of a Lot from a Part of a Lot. The minor subdivision process is an important tool because it allows an applicant to record a subdivision plat without having to incur the time and expense of submitting and securing approval of a full preliminary plan of subdivision prior to record plat. The minor subdivision process is only available under the specific circumstances expressly enumerated in Section 50-35A(a) of the County Code. Previously, for purposes of consolidating property, the minor subdivision process was only available to consolidate two or more platted lots or consolidate a platted lot and a “pre-1958” part of a lot. See Section 50-35A(a)(3). Before SRA 11-02 was enacted, the minor subdivision process was only available for the conversion of “pre-1958” parcels into buildable lots, but not the conversion of a remainder part of lot into a buildable lot. See Sections 50-35A(a)(6) and (9).

Effective February 27, 2012, property owners are no longer required to secure preliminary plan approval in order to record plats to: (i) combine, in a non-agricultural zone, a platted lot and an adjoining deed parcel or a part of a lot even if the parcel or part of lot was created after June 1, 1958 (Section 50-35A(a)(10)); and (ii) to create a platted lot from an improved part of lot in any of the County’s one-family residential zones (Section 50-35A(a)(11)).

Section 50-35A(a)(10) applies to properties in all zones except agricultural zones, ie. residential, industrial and commercial zones. One caveat to the new provision is that a part of lot or parcel located in a one-family residential zone can only be combined with a record lot if the parcel or part of lot is itself substandard, ie. cannot be platted by itself under the area and dimensional standards of the applicable zone. A second caveat to Section 50-35A(a)(10) is that the “subject lot” was not identified on a record plat as an outlot. See Section 50-35A(a)(10)(D).

Although Section 50-35A(a)(10) applies to a parcel or part of lot created by deed, the Planning Commission will likely also apply this new provision to County rights of way abandoned under Chapter 49 of the County Code. Since the abandoned area must be platted under Section 49-65 of the County Code, this provision will allow the use of the minor subdivision process to combine an adjoining record lot with the abandoned property. However, be mindful of any zoning exemption that applies to the property and may be lost through subdivision before pursuing such a minor subdivision plat.

As with all minor subdivisions, a lot created under the expanded authority, must comply with all applicable provisions of the Zoning Ordinance. See Section 50-35A(d). Therefore, a part of a lot in a one-family residential zone cannot be converted into a record lot under Section 50-35A(a)(11) unless the new record lot complies with all applicable Zoning standards. Also, under Section 50-35A(a)(11), previously applicable subdivision approval conditions and agreements transfer to the new record lot under the minor subdivision process. Thus, previously required adequate public facilities agreements, forest conservation easements and building restriction lines remain applicable.

Regardless of these caveats and restrictions, the expanded minor subdivision approval authority is a welcome refinement to the subdivision process.

A copy of SRA 11-02 is available on the Montgomery County Council’s website at www.montgomerycountymd.gov. m Casey Cirner and Steve Orens are attorneys with Miles & Stockbridge P.C. in the firm’s Rockville, MD office. Ms. Cirner is an Associate at the Firm and represents clients in the areas of Land Use & Zoning and Real Estate Litigation. Mr. Orens is a Principal at the firm and has more than 30 years of experience representing builders, developers and property owners through various Land Use & Zoning processes in Montgomery County. Mr. Orens is also a life director serving on the MNCBIA Board of Directors. They may be contacted at ccirner@milesstockbridge.com and sorens@milesstockbridge.com.

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The Engineer’s Angle Finding the Balance with Regulatory Agencies

By Francesco S. Gentile, Geo-Technology Associates, Inc.

O

ne of the great challenges of consulting is to competently straddle the line between representing your client’s best interests and achieving approvals from regulatory agencies that appear to be at odds with those interests. Today’s development industry is awash with complex bodies of regulations that influence, constrain, and sometimes prohibit development. These regulations are administered and enforced by regulatory agencies, represented by people who review and approve the plans and reports prepared by consultants. These reviewers, and their representative agencies, are often seen as “the opposition,” or even “the enemy.” In reality, they are people who are doing their jobs, and who are constrained by the laws and regulations they must uphold. Many consultants work to achieve approvals within this regulatory framework.

A good consultant utilizes an understanding of that framework, in conjunction with professional practice principles, to work with reviewers to facilitate solutions that the reviewing agency can approve and that maximize the client’s objectives. This article discusses some tools used by good consultants to achieve their client’s goals without alienating the reviewers who must approve their work.

Do good work. A plan or report that is clear, organized, well documented, thorough, and well presented will be well received by a reviewer. A plan or report that is difficult to decipher, incomplete, poorly substantiated, or poorly organized will also be difficult to review, and more likely to generate comments than approvals. Additional comments result in additional review time, which will lengthen project schedules. The product you submit to agency reviewers can paint a picture of professionalism or incompetence. It can encumber the review process or facilitate it. More importantly, your reports and plans can establish an expectation on the part of the reviewer toward your next effort. This bias, if positive, will build trust between you and your regulators that can lead to smoother reviews in the future, and ultimately, to a reputation of respect for your work, your integrity and your professionalism.

Build relationships with your reviewers. Reviewers are not just agency representatives. They are people with whom you have to negotiate.

Treat them with courtesy, dignity, professionalism, even congeniality, and you will get further than if you treat them as an adversary. Respect and understand their position. Try to learn something of the tasks they must perform and the procedures to which they must adhere. The insight you gain into their job will facilitate your ability to respond accurately and succinctly to their comments and requests. The trust you build with reviewers may win you good will that will benefit you in future negotiations.

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Represent your client. Reviewing agencies understand that you are the developer’s advocate. Typically, it is not the goal of an agency to stop a project, but to have it comply with the laws and regulations they must uphold. Most consulting firms can prepare plans and reports on behalf of their clients that will ultimately be approved. But how many can save the client money? How many can increase the project’s return on investment? Occasionally, if your client’s expectations are unrealistic, your job as a professional will be to temper those expectations with reality.

To do otherwise would be a disservice to your client. As your client’s representative, you should consider your client’s objectives as your own.

Treat their project as if it were yours. Think outside the box. The solution you seek may require a coordinated effort with other consultants, other disciplines. Be prepared for agency reviews, and fight hard for your client.

Anticipate their comments, and have responses prepared. Document your statements with supporting data and regulations. Find ways to add value to your client’s project.

Be cautious with difficult reviewers. Reviewers, like consultants, come in all types. Some have egos that need to be considered, so consider them. Some are “trying to save the Earth.” Empathize with them.

Some are stubborn. Chip away at them slowly. Utilize your knowledge of the project, the regulations, and the rules and policies that constrain their actions, to find a common ground that will allow them to grant approval.

In the rare case where you believe a reviewer is unyielding and wrong, do not rush to their supervisor for assistance. Treat them professionally. Give them one last opportunity to reconsider. Explain to the reviewer that you understand their viewpoint, that you respectfully disagree, and that your job requires to you seek another opinion from their supervisor. Hopefully, this reviewer will remember your consideration when reviewing your next project.

Any one of the practices discussed above can improve the odds of a consultant gaining approvals for the client. Alternately, the consultant who adopts all of these practices will not “win” in every circumstance. However, the combination of preparing a thorough, well-presented, professional product; treating reviewers with respect and consideration; being prepared and knowledgeable in your discipline; and working creatively and diligently for your client will earn you a respect and reputation that will facilitate your work with agency reviewers while advancing your client’s objectives through the development process. m Francesco S. Gentile is a senior wetland scientist, at Geo-Technology Associates, Inc. (www.mragta.com), a geotechnical engineering and environmental consulting firm providing support to residential and commercial builders and developers. Mr. Gentile is a Landscape Architect with 19 years of combined experience in the design and environmental planning fields.

MNCBIA Membership New Members & Reinstatements (2/1/12 – 4/1/12) BUILDERS

Dirks Design Build, LLC Building Multifamily Stephen Dirks P.O. Box 1903 Germantown, MD 20875 Ph: 240-304-9831 Fax: 240-597-6620 sedirks@dirksdesignbuild.com Sponsor: Steve Nardella Hamel Builders, Inc. Building Multifamily Matt Crance 5710 Furnace Avenue, Suite H Elkridge, MD 21075 Ph: 410-379-6700 mcrance@hamelbuilders.com Sponsor: Steve Nardella Regional Property Group, LLC Remodeling/Building Speculation James Wentz 11420 Redlands Road, P.O. Box 270 Lusby, MD 20657 Ph: 410-326-4210 jd@regionalpropertygroup.com Sponsor: Guy Curley

ASSOCIATES

Aerotek E&E Staffing Services Edward Gruss, Jr. 6810 Deepath Road, Suite 103 Elkridge, MD 21075 Ph: 410-567-8040 egruss@aerotek.com Sponsor: Melvin Willis American Institute of Building Design Designers Steve Mickley 750 National Press Building, 529 14th Street Washington, DC 20045 Ph: 800-366-2423 Fax: 876-620-4029 info@aibd.org

Barnas Engineering, PC Civil Engineering Rick Barnas 721 Rusty Anchor Road, Unit 20 Ocean City, MD 21842 Ph: 301-655-1090 rebarnas@gmail.com Sponsor: Mark MacFarland Barrons Lumber Building Materials Brandon Morris 23 West Diamond Avenue Gaithersburg, MD 20877 Ph: 301-948-6600 Fax: 301-591-0605 brandonmorris @barronslumber.com Sponsor: Carter Willson Capital Flex-Pave, LLC Flooring Contractor Noble Atkins 37 Pidgeon Hill Drive, Suite 278 Sterling, VA 20165 Ph: 202-431-1961 Fax: 571-312-9208 natkins@flex-pave.com Collinson, Oliff & Associates, Inc. Civil Engineering/Land Surveying Keith Ulrich P.O. Box 2209, 110 Main Street Prince Frederick, MD 20678 Ph: 410-535-3101 Fax: 410-535-3103 kulrich@coainc.com Sponsor: Tom Farasy East Coast Millwork, LLC PVC & Wood Millwork Manufacturer Theresa Ann Rutter 4821 Winchester Boulevard, Unit 111 Frederick, MD 21703 Ph: 301-874-1120 Fax: 301-874-1160 trotter@cemillwork.com

ECS Mid-Atlantic Engineers Shaun O’Neal 5112 Pegasus Court, Suite 5 Frederick, MD 21704 Ph: 301-668-4303 Fax: 301-668-3519 soneal@ecslimited.com Sponsor: Miles Haber Gene’s Johns + Rentals Inc. Equipment Rentals Valerie Lufsey 23330 Ridge Road Germantown, MD 20876 Ph: 301-601-9010 Fax: 301-601-3253 val@genesjohns.com Jansen Land Consulting Landscape Consultants Bob Jansen 2017 Wellfleet Court Falls Church, VA 22043 Ph: 703-231-7405 bjansen@jansenland.com Sponsor: David Little

MAAX/Aker Bathroom Fixtures & Equipment Chris Moline LEED 13030 Forest Drive Bowie, MD 20715 Ph: 301-404-5462 christopher.moline@maax.com Sponsor: Steve Nardella

UBS Financial Services Builder Services Lorenzo Ascoli 7700 Wisconsin Avenue, Suite 300 Bethesda, MD 20814 Ph: 301-718-5040 lorenzo.ascoli@ubs.com Sponsor: Steve Nardella

MCS CTF, Inc. Associations/ Education Foundation Steve Boden 12501 Dalewood Drive Silver Spring, MD 20906 Ph: 301-929-2190 steven_d_@mcpsmd.org Sponsor: Steve Nardella

REINSTATEMENTS

Tidewater Property Management Property Management Stanley Greenberg 3706 Crondall Lane, Suite 105 Owings Mills, MD 21117 Ph: 443-548-0191 Fax: 443-548-0196 stanley@tidewaterproperty.com Sponsor: Michael Rubinfeld

Artistic Design Build Inc. Architects Thomas Mammen 3930 Knowles Avenue, Suite 305 Kensington, MD 20895 Ph: 301-962-0123 tomm@artisticdesignbuild.com Sponsor: Steve Nardella Foulger-Pratt Building Multifamily Bryant Foulger 9600 Blackwell Road Rockville, MD 20850 Ph: 240-499-9600 Fax: 240-499-9601 bfoulger@foulgerpratt.com Sponsor: Lawrence Abell

MNCBIA’s Most Wanted List Listed here are firms whose membership in MNCBIA has lapsed in recent months. WE

WANT THEM BACK! Please encourage these companies to reinstate their membership.

Also listed are prospective members we are working to add to our team.

All Temp Heating & Air Conditioning • AMEC Contracting • Augustine Plumbing • Clearwater Landscape & Nursery • Colorworld Painting & Drywall • Comstock Services • DeFore Designs • Dimple Construction • Digiterra Design, LLC • Domus Partners, LLC • DOW Solutions • Ferguson • Georgetown Bank • Guardian Realty Management, Inc. • Hatfield Equipment Services • JW Shipley • K.V. Gessford, Inc. • Lee Building Supply • McCormick Paints • Patriot Land & Wildlife • Porcelanosa • Rexel • Sage Policy Group, Inc. • Stang Plumbing • Tower Companies

STARS Club (as of 4/1/2012) The special members of MNCBIA’s STARS Club allow the Association to provide better services for your benefit, to function effectively, to continue special events dedicated to excellent networking and to strengthen our Advocacy program.

GOLD

Development Guarantee Group of Montgomery County Hanley Wood Market Intelligence Elm Street Development NVR, Inc. Pleasants Development, Inc.

SILVER

Acacia Federal Savings Bank BB& T Georgetown Insurance Service, Inc. Lerch Early & Brewer, Chtd.

Linowes & Blocher, LLP Loiederman Soltesz Associates, Inc. McMillan Metro, P.C. Miles & Stockbridge, P.C. Rodgers Consulting, Inc. Winchester Homes Inc.

BRONZE

Ballard Spahr LLP Burgess & Niple, Inc. Charles P. Johnson & Associates christopher consultants ltd.

Craftmark/Craftstar

Greenhorne & O’Mara Inc. Gutschick, Little & Weber, PA Mid-Atlantic Builders, Inc. Reznick Group Sandy Spring Bank Shulman Rogers St. Charles Community, LLC Washington Gas

FRIEND

Baker Tilly Bowman Consulting Group, Ltd. Bozzuto Homes

Caruso Homes Inc. Dewberry Dico, Inc. EYA Furey Doolan & Abell, LLP Geo-Technology Associates Inc. K Hovnanian Homes Liberty Homebuilder, Inc. Macris Hendricks & Glascock, P.A. Michael Harris Homes Miller & Smith Homes Mitchell & Best Homebuilders LLC O’Malley Miles Nylen & Gilmore Ward & Klein Chtd.

BUILDING IN MARYLAND AND WASHINGTON, DC

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MAY/JUNE 2012

17

Events Calendar MaY 2012 1

Custom/Small Builders Committee Meeting

2 DRPS Environmental Committee Meeting

3 Spring Builder Banker Breakfast 50+ Awards Committee Meeting

4 Prince George’s Co. Liaison Committee Meeting 4th Annual Tennis Tournament

16

5

Calvert/St. Mary’s Liaison Committee Joint Meeting Montgomery County Liaison Committee Meeting Industry Trends Roundtable Where is the 50+ Market Headed?

MNCBIA Charles Liaison & Chamber PGM Committee Meeting

2012 PROS Awards at Smokey Glen Farm Custom/Small Builders Committee Meeting

17

7

Home Builders Care Foundation Board Meeting

24 MNCBIA Board of Directors Meeting Custom Builder Awards Dinner

29 Record Plat Subcommittee Meeting

8 Codes & Standards Committee Meeting

30 MNCBIA’s Membership Committee Meeting

9 Green Building Committee Meeting

10

FIL’s Speaker Series with Bob Buchanan WSSC Liaison Committee Meeting MNCBIA Executive Committee Meeting BIA’s Business Networking Event

6 DRPS Environmental Committee

50+ Awards Committee

12 Real Estate Finance Committee Codes & Standards Committee

13 Green Building Committee

14 WSSC Liaison Committee Meeting MNCBIA Executive Committee Meeting

18

June 2012

Summer Golf Tournament

1

Prince George’s Co. Liaison Committee Meeting

20 Calvert/St. Mary’s Liaison Joint Committee Meeting Montgomery County Liaison Committee Meeting MNCBIA Charles Liaison & Chamber PGM Committee Meeting

21 Home Builders Care Foundation Board Meeting FIL’s Speaker Series with Tom Bozzuto

26 Record Plat Subcommittee Meeting

27 MNCBIA’s Membership Committee Meeting

28 MNCBIA Board of Directors’ Meeting

INDEX OF ADVERTISERS Appliance Distributors Unlimited, Inc................................ Page 04, Back Cover Builders Mutual Insurance Company..................................................Page 19 GE Appliances...............................................................................Page 03 Georgetown Insurance Service, Inc....................................................Page 18 Linowes & Blocher LLP...................................................................Page 07 Monument Bank............................................................................Page 15 Shulman Rogers............................................................................Page 07 Signature Companies......................................................................Page 10 Tremco Barrier Solutions.................................................................Page 14 Vintage Security.............................................................................Page 02

18

MAY/JUNE 2012 |

BUILDING IN MARYLAND AND WASHINGTON, DC

1738 Elton Road, Suite 200 Silver Spring, MD 20903