PHED Item 4
April 26, 2012
Worksession
MEMORANDUM
April 24, 2012
TO:
FROM:
SUBJECT:
Planning, Housing and Economic Development Committee
Robert H. Drummer, Senior Legislative Attorney
b
\rlA
V
Worksession 2:
Bill 5-12, Administration - Small Business Navigator ­
Established
Bill 5-12, Administration - Small Business Navigator - Established, sponsored by
Council President Berliner, was introduced on February 7, 2012. A public hearing was held on
February 28 and a Planning, Housing and Economic Development Committee worksession was
held on March 19.
Background
Bill 5-12 would require the Executive to designate an employee in the Office of the
Executive or the Office of the Chief Administrative Officer as the Small Business Navigator.
Among other duties, the Navigator must:
(l)
advise the Executive, the Council, the Chief Administrative Officer, County
Department heads, the Planning Board, and any other appropriate government
agency, of any action needed to assist small businesses to comply with County
requirements and regulations;
(2) serve as primary point of contact between a small business and each County
department or agency that the small business must interact with;
(3) develop and maintain a database of information necessary for a small business to
comply with County requirements and regulations; and
(4) advise small businesses on how to comply with County requirements and
regulations.
Public Hearing
Georgette "Gigi" Godwin, representing the Montgomery County Chamber of Commerce
(©6-7), Zorayda Moreira-Smith, representing Casa de Maryland (©8), and Don Spence,
representing the Associated Builders and Contractors all testified in support of the Bill at the
February 28 public hearing. No speakers opposed the Bill. The Council also received
correspondence supporting the Bill from the Greater Silver Spring Chamber of Commerce (©9­
10), the Greater Bethesda-Chevy Chase Chamber of Commerce (©11-12), the Gaithersburg­
Germantown Chamber of Commerce, Inc. (©13), and the Maryland-National Capital Building
Industry Association (©14-15).
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March 19 PHED Worksession
Council President Roger Berliner attended the worksession along with the Committee
members. DED Director Steve Silverman, Peter Bang, DED, and Katie Knowlin, DED,
represented the Executive Branch. The Committee reviewed the Bill and discussed the potential
fiscal impact. The Executive had not yet submitted a fiscal impact statement for this Bill. The
Committee decided to consider this Bill along with the budget review of the DED and DPS
budgets. The Committee did not vote on the Bill.
Issues
1.
What is the fiscal and economic impact of the Bill?
OMB submitted a Fiscal and Economic Impact Statement on March 23 (©16-20).
Although the Bill would permit the designation of an existing staff member as the small business
navigator, OMB concluded that this position could not be staffed with existing resources in the
Executive's Office or the CAO's Office. OMB assumed that the navigator position would
require at least 10 years of experience working with small business firms, and therefore, assumed
that the position would
be
graded as a Manager II with an annual cost of $137,000. OMB also
assumed that the Bill would require an additional .75 FTE for an administrative position to
support the Manager II at an annual cost of $42,968. OMB estimated a reduced FY13 cost of
$149,284 due to the time required to recruit for the 2 positions. After the first year, OMB
estimated a recurring annual cost for the 2 positions of $180,168. We expect representatives
from the Executive Branch will attend the worksession to explain these staffing needs.
During the March 19 worksession, Executive Branch representatives surmised that one
person serving as a small business navigator may be overwhelmed by demands for assistance.
While this potential demand supports the OMB estimate for 2 new positions to implement the
Bill, excess demand is also a strong argument in favor of the Bill. Robert Kaufman, MNCBIA
Director of Government Affairs, suggested staffing the position with volunteer retired
government and business professionals. See ©5.
2. Should the Bill be amended to require the navigator to identify regulations and policies
that can be eliminated or modified to facilitate small business compliance?
The Greater Silver Spring Chamber of Commerce (©9-10) and the Maryland-National
Capital Building Association (BIA) (©14-15) suggested that the Bill be amended to require the
small business navigator to identify County regulations and requirements that can be eliminated
or modified to assist small businesses. Although this is probably within the implied scope of
duties listed in the Bill, expressly requiring the navigator to do this would increase the likelihood
that it is done.
Council staff recommendation:
add the following after line 26:
ill
identi&changes to regUlations and requirements that would improve turnaround,
eliminate duplication, resolve conflicts in authority, and eliminate unnecessary
regulations and requirements.
2
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Amend line
27-28
as follows:
.@
Reports.
On or before September
12
of each year, the Executive must report to the
Council on the activities and recommendations of the Navigator.
3. Should the Bill be amended to clarify that the small business navigator must not also
enforce County regulations?
The Greater Silver Spring Chamber (©9-10), the Greater Bethesda-Chevy Chase
Chamber (©11-12), and the Gaithersburg-Germantown Chamber (©13) each expressed concern
that a small business could seek help from the navigator and thereby expose the business to an
enforcement action for non-compliance with a County regulation or requirement. Clearly this is
neither the intent nor the likely result of the Bill. However, an amendment that would remove
authority from a staff person in the CAO's Office or the County Executive's Office to report
non-compliance with County regulations or requirements to the appropriate enforcement official
is unwise. Each County official has a duty of loyalty to the County government. Council staff
recommendation: do not amend the Bill to remove enforcement authority from the navigator.
4. Should the navigator be empowered to assist any County business without regard to
size?
The Greater Bethesda-Chevy Chase Chamber (©11-12) suggested that the navigator's
role be expanded to assist businesses of all sizes if it is successful in helping small businesses.
While many large businesses may benefit from a business navigator, the concept of the Bill is
that these large businesses are financially able to retain attorneys and consultants to assist them
with compliance, where necessary. In a time of dwindling County resources, it is necessary to
direct valuable resources where they are needed most. Council staff recommendation: do not
amend the Bill to include all businesses.
5. Should the Bill be amended to clarify that a small business does not have to use the
navigator?
The Montgomery County Chamber (©6-7) and the BIA
(©14-1S)
each suggested
amending the Bill to clarify that a small business does not need to use the navigator. There is
nothing in the Bill that would require any small business to contact or seek assistance from the
small business navigator to operate in the County. We do not believe this amendment is
necessary to clarify the BilL Council staff recommendation: do not amend the Bill for this
purpose.
3
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This packet contains:
Bill 5-12
Legislative Request Report
Kaufman March 19 email
Testimony:
Montgomery County Chamber of Commerce
CASA de Maryland
Greater Silver Spring Chamber of Commerce
Greater Bethesda-Chevy Chase Chamber of Commerce
Gaithersburg-Germantown Chamber of Commerce
Maryland-National Capital Building Industry Association
Fiscal and Economic Impact Statement
F:\LAW\BILLS\1205 Small Business Navigator\PHED Memo.Doc
1
4
5
6
8
9
11
13
14
4
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Bill No.
5-12
Concerning: Administration
Small
Business Navigator - Established
Revised: February 2, 2012 Draft No.
§.
Introduced:
February 7.2012
Expires:
August 7,2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N'-!.o"'-=n.!.!:e'---_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Berliner
AN
ACT to:
(1)
(2)
(3)
establish a program to assist certain small businesses located
in
the County;
require the appointment of a dedicated staff member to assist small businesses to
comply with County requirements and regulations; and
generally amend the law concerning small businesses.
By adding
Montgomery County Code
Chapter 2. Administration.
Section 2-25B
Boldface
Underlining
[Single boldface brackets}
Double underlining
[[Double boldface brackets}]
* * *
Heading or defined tenn.
Added to existing law
by
original bill.
Deleted from existing law
by
original bill.
Added
by
amendment.
Deleted from existing law or the bill
by
amendment.
Existing law unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 5-12
1
Sec. 1. Section 2-25B is added as follows:
2-25B.
Small Business Navigator.
2
3
4
5
ill
Definitions.
As used in this Section:
Navigator
means the Small Business Navigator.
Small business
means
~
privately owned business that meets the
6
7
8
9
10
11
12
requirements of Section I1B-65(a).
.Gil
Establishment
gfProgram.
The Executive must create and administer
~
Small Business Assistance Program with
~
Small Business Navigator to
help small businesses comply with County policies and regulations.
{Q}
Small Business Navigator.
The Executive must designate an employee
in the Office of the Executive or the Office of the Chief Administrative
Officer as the Small Business Navigator.
Navigator must:
Among other duties, the
13
14
15
16
ill
advise the Executive, the Council, the Chief Administrative
Officer, County Department heads, the Planning Board, and any
other appropriate government agency, of any action needed to
assist small businesses to comply with County requirements and
regulations:
17
18
19
ill
serve as primary point of contact between
~
small business and
20
21
each County department or agency that the small business must
interact with;
22
23
" 24
ill
develop and maintain
~
database of information necessary for
~
small business to comply with County requirements and
regulations; and
{i}
advise small businesses on how to comply with County
25
26
requirements and regulations.
8
f:\lavAbills\1205 small business navigator\bill 5.doc
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BILL
No.
5-12
27
28
@
Reports.
On or before September
12
of each year, the Executive must
report to the Council on the activities of the Navigator.
Approved:
29
30
Roger Berliner, President, County Council
Date
31
Approved:
32
Isiah Leggett, County Executive
Date
33
This is a correct copy o/Council action.
34
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1205 small business navigator\bill5.doc
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LEGISLATIVE REQUEST REPORT
Bill 5-12
Administration
-
Small Business Navigator
-
Established
DESCRIPTION:
This Bill would require the Executive to appoint a dedicated staff
member to assist small businesses to comply with County
requirements and regulations.
Small businesses often have trouble understanding and complying
with County requirements and regulations. Currently, there is no
dedicated staff member available to help small businesses meet
County requirements.
To help small businesses comply
with
County requirements and
regulations.
CAO, DED Director, DGS Director
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
F:\LAW\BILLS\1205 Small Business Navigator\LEGlSLATIVE REQUEST REPORT.Doc
f:\law\bil/s\1205 small business navigator\legislative request report.doc
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Page 1 of 1
-!II .,'
Marin, Sandra
From:
...
I.~-
\ .. j
"'.
\ .....
.
Berliner's Office, Coundlmember
Tuesday, March 20, 2012 8:44 AM
Montgomery County Council
Sent:
To:
Subject:
FW:
Bill 5-12 Small Business Navigator
067312
From:
Robert Kaufman [mailto:bkaufman@mncbia.org]
Sent: Monday, March
19, 2012
7:35 PM
To: Berliner's Office, Councilmember
Cc: Leventhal's Office, Councilmember; Eirich's Office, Councilmember; nancyfloreen@gmail.comi Gibson, Cindy;
Jonathan Sachs; bspalding@millerandsmith.com; JRussel@RODGERS.com
SUbject:
Bill 5-12 Small Business Navigator
During the PHED hearing it became clear that DED, along with the local chambers, suggested that the "problem" with
the program may be that it becomes oversubscribed due to the potential demand.
As
Councilmember Leventhal said,
this would be very valuable to know. There may well be no better argument to support the potential value of the
program.
It would in fact be rare and highly adulatory for a government to employ someone who would be an advocate for the
small business trying to deal with the government ultimately pOinting out the flaws of the government. This can send a
strong message of support to the business community. The small builders in the association expressed great interest in
the idea and felt it could be or real benefit. Further, it would be great to have a third party experience the issues faced
by small business and help identify changes and solutions.
One thought about the program - this may be a great opportunity for retired government and business professionals to
volunteer a few hours a week to help small business in the County. Volunteers could have a flexible schedule and take
on as few or as many "clients" as they wanted. I could easily imagine a volunteer corps excited about the opportunity to
remain engaged with the County and provide real and immediate help.
Thank you for proposing the bill and for your understanding of the difficulties faced by small businesses In maneuvering
through the complex regulatory environment.
S. Robert Kaufman
Director Government Affairs
Maryland National Capital Building Industry Association
J
738 Elton Road
Suite 200
Silver Spring, Maryland 20903
bkaufman@mncbia.org
(301) 445-5408
Prince George's Liaison Breakfast - March 25
To register
~
Celebrity Chefs - March 28
To sign up
a~
iI
Chef or to Register click here
Montgomery County Liaison Breakfast - April 13
To register click here
Check out NAHB's Member Advantage Program at www.nahb.org/ma
BUILDING HOMES, CREATING NEIGHBORHOODS
3/20/2012
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The Voice of Montgomery County Business
TOM MCELROY, CHAIRMAN
Oru
REISS, CHAIR-ELECT
GEORGETTE "GIG!" GoDWIN, PRESIDENT
&
CEO
MONTGOMERY COUNTY COUNCIL
BILL
5-12,
ADMINISTRATION - SMALL BUSINESS NAVIGATOR - ESTABLISHED
FEBRUARY
28, 2012
TESTIMONY BY GIGI GODWIN
MONTGOMERY COUNTY CHAMBER OF COMMERCE
Good Evening.
My name is Gigi Godwin and I am the President
&
CEO of the Montgomery County Chamber of
Commerce. The Chamber
supports
the idea of the County employing a Small Business
Navigator, but respectfully offers recommendations regarding the scope of this proposed
position.
Many small businesses in Montgomery County would benefit from assistance with County
laws and regulations. OurChamber has heard many anecdotes from our small business
members who have had issues with inspections, permits, and general compliance. Employing a
Small Business Navigator could help relieve some of these issues.
Given that the County is already undertaking a regulatory review, we suggest leveraging this
opportunity to help guide the portfolio of this new proposed position.
Rather than limit this new position to matters of compliance, we suggest that the position be
expanded to also function as a small business "ombudsman". This new ombudsman could
advise the County-Executive and the County Council on how to help Montgomery County small
businesses grow. We further recommend that the new ombudsman would coordinate with
the Department of Economic Development, the Department of Permitting Services, and any
other necessary agencies to address regulatory obstacles. We believe that the collaboration of
these departments could help clarify the regulatory system for small businesses and result in
job growth.
(ZJ
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The Chamber is looking forward to understanding the budgetary implications of this
legislation. It is not clear to us what elements of the budget would be reduced, eliminated, or
increased to fund the Navigator/Ombudsman position.
The Chamber believes that the idea to establish a Small Business Navigator/Ombudsman is a
good one. That said, we support a position in County government that would function more as
an advocate than as a compliance officer. We look forward to working with the County Council
to further explore this opportunity to support Montgomery County's small businesses.
Thankyou.
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CA~K
DE MARYLAND,.
L-"JADELANTE
)~YEARS
February 28,2012
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Re: CASA de Maryland, Inc. SUPPORTS
Bill 5-12
and
Bill 6-12
Testimony: Zorayda Moreira-Smith, Staff Attorney, CASA de Maryland, Inc.
Good evening, my name is Zorayda Moreira-Smith, staff attorney with CASA de Maryland, Inc. CASA
is the state's largest non-profit serving the Latino and immigrant community. Our offices are located
throughout the State of Maryland, specifically and relevant to tonight's public hearing, are our welcome
centers located in Wheaton and Silver Spring. Weare dedicated to the Wheaton and Long Branch
communities.
CASA is a member of the Coalition for the Fair Redevelopment of Wheaton advocating on behalf of the
community to ensure that the Wheaton redevelopment project benefits the existing community. CASA is
also a member of the state-wide and local Fair Development Coalition, advocating for equitable
development around transportation projects, specifically the proposed Purple Line.
CASA is dedicated to the preservation and retention of existing small businesses. Small businesses
represent the larger business community and efforts must be made to encourage their viability and their
growth during redevelopment. We applaud this Council's leadership in committing itself to small
businesses by introducing Bill 5-12 and Bill 6-12. CASA supports both bills. This should be the
beginning of an ongoing effort to support local small businesses.
Bills 5-12 and 6-12 are important pieces oflegislation that give the small business community the hope
that the County will be available and open to assist them during times of need. It is critical that the
benefits that these bills create are broadly available to small businesses. In regards to Bill 6-12, we
strongly believe the community should be given the opportunity to provide comments and testimony
once the Executive proposes regulations to implement the program.
This Council should look at what happened to the small businesses in the development of Downtown
Silver Spring. There were five main issues that small businesses suffered:
(1)
rapidly rising rents, (2)
construction related disruptions, (3) insufficient exchange of information between businesses and the
County, (4) competitive disadvantage created by large national retail stores, and (5) the failure to
incorporate the overall community. It is imperative that this Council understand that small businesses in
other redevelopment areas are going to face these same challenges and if we, as a community, fail to
mitigate these issues then we fail our small businesses and our community.
CASA is excited about this Council's commitment to local existing small businesses in areas of
redevelopment.
It
is clear, that this Council is listening to the concerns of the community. Special thanks
to all of the sponsors of the Bills for taking on the challenge and beginning the process of addressing the
concerns.
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I
February 27, 2012
Honorable Roger Berliner, President
Montgomery County Council
100 Maryland Avenue
Rockville, Maryland20850
Dear Council President Berliner:
I{I;rLl
CHAMBIR
OF
COMMIRCE
~))l
SPRING
066981.
Bill 5-12 - Administration - Small Business Navigator - Established
On behalf of the Greater Silver Spring Chamber of Commerce, I am writing to support your efforts to make
doing business easier for Montgomery County's small businesses and offer our observations on Bill 5-12 ­
Administration - Small Business Navigator.
Navigating the myriad Montgomery County laws, regulations, and requirements is indeed a daunting task, even
for those with experience working through our County's various processes and departments. Businesses in
. Silver Spring recall the time, not so many years ago, when the Silver Spring Urban District staff included an
individual whose job it was to manage our "Green Tape Zone." This individual was, in essence, a "small
business navigator," though he also provided critical knowledge and assistance to any business working to
contribute to the economic development of Silver Spring. Unfortunately, budget cuts in recent years eliminated
this valuable resource.
Historically, the Chamber has advocated for reducing, even eliminating much of what the business community
feels
Is
over-regulation and unnecessary "red tape." We will continue to do so because of the excessive burden
these regulations place on business in terms of cost and time, and the fact that we see over-regulation as a
roadblock to the economic development so critical to the future of our County. That said, the leadership of our
Chamber recognizes the intentions of this bill and, until such time as the burden of regulation can be reduced,
we see the value in having a knowledgeable expert to help especially small businesses navigate the system.
We do see great value in having a database of information necessary for small businesses to comply with
County policies and regulations. As this database is created,
it
would be our hope that a number of unnecessary
and over-burdensome regulations and requirements-would come to light. In the spirit of making it easier for
small businesses to "navigate" the system, we respectfully suggest an amendment to the bill that would direct
the Small Business Navigator to file an annual report that identifies those regulations, laws, and requirements
that should be eliminated as a way to ease small business compliance.
We realize thatthe Department of Permitting Services is currently consolidating many processes with the goal
of a more "streamlined development process." We would expect the Small Business Navigator to become a part
of this process and to provide advice and feedback to DPS on whether its efforts are making it easier for small
businesses to comply.
We also recommend coordination with the Department of Economic Development, which has been very helpful
in assisting business owners to "navigate" the system. We do have some concern that the efforts of the Small
Business Navigator could be redundant to the small business support provided by DED. And; we wonder
whether the database of information might be more appropriately housed within DED.
8601 Georgia Avenue, Suite 203, Silver Spring, Maryland 20910
Phone: 301-565-3777 • Fax: 301-565-3377 • info @gsscc.org • www.silverspringchamber.co
lll
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BillS-12 - Greater Silver Spring Chamber Comments - Page
~
We also have concerns about potential unintended consequences that could result if the Navigators role as
"advisor," as opposed to government "enforcer" is not clearly spelled out. The bill states that the navigator's job
will be to "advise" various government entities of action needed to bring the business into compliance. The
concern is that the navigator could be called
in
to help a small business, see where that a business is not
in
compliance, and contact the relevant agencies, whose representatives would then come out and fine the business
for non-compliance. We are certain that this
i~ n~tlthe.i~tent
of the bill, but would suggest that clarification is
necessary to assure that the navigator will indeed be
an
asset to small business.
We thank you for your ongoing support of the business community and for your efforts to make it easier for
small businesses to operate in Montgomery County. Should you have any questions about our observations or
comments, do not hesitate to contact me.
Jane Redicker
President
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THE
GREATER
.
BETHESDA-CHEVY CHASE
CHAMBER OF COMMERCE
7910 Woodmont Avenue, Suite :1.204
Bethesda, MD 20814
T:
(301) 652-4900
F:
(301) 657-1973
staff@bccchamber.org
~~.bccchamber.org
VIA EMAIL
February 28, 2012
Your Business Is
Our
OnlY
Business
066979
The Honorable Roger Berliner, President
and Members of the Montgomery County Council
100 Maryland Avenue, 6th Floor
Rockville, Maryland 20850
Re: Bill 5-12, Administration - Small Business Navigator - Established -
Support
Dear
Mr.
Berliner and Members of the County Council:
On behalf of The Greater Bethesda-Chevy Chase Chamber of Commerce (B-CC Chamber), we are writing to
express our support for Bill 5-12, Administration - Small Business Navigator - Established, which proposes that
the County Executive designate an employee in the Office of the Executive or the Office of the Chief
Administrative Officer as the Small Business Navigator.
As we understand, the Navigator would serve as a primary point of contact between a small business and each
County department or agency the business must interact with; develop and maintain a database of information
necessary for a small business to comply with County requirements and regulations; and advise small businesses
on how to comply with County requirements and regulations. This bill would also require the Small Business
Navigator to advise Government leadership of any action needed to assist small businesses to comply with
County requirements and regulations .
.At a time when navigating the various regulations and requirements for businesses - large or small - is daunting
at the least, the concept of a "Navigator" is a welcome addition to not only small businesses but businesses of all
sizes in the County. We hope that the person in this position would be able to help a business through the red
tape process, similar to what other area jurisdictions already provide. The County needs to be able to provide
businesses with an expert who understands what it takes for someone who is just starting a business (such as
restaurants or retailers), a company considering opening a branch, or a company considering relocating to
Montgomery County from elsewhere with the information they need to navigate the process. This would
definitely send a message that Montgomery County is open for business and wants to help companies succeed.
Similarly, upon complaints from the business community regarding concerns with the inspection process and the
numerous fire regulations, the Montgomery County Fire and Rescue Service created the position of an
"Ombudsman" who can help businesses through any issues or questions they may have with regulations or the
inspection process. This has been instrumental in helping business and Government work through many of the
previous issues they were experiencing.
The concept of the database of information on County requirements and regulations is long overdue and would
be an enormous asset to the business community - small and large. We realize that the focus of this legislation
is on small business, but do ask that upon implementation and success of this program, you consider expanding
it
to businesses of all sizes.
®
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The Honorable Roger Berliner
February 28,2012
Page Two
Finally, we realize that there are parts of the legislation that need to be addressed based on reco'mmendations
from fellow chambers of commerce. These include the need for coordination with the Department of Economic
Development, which has been instrumental in helping small businesses throughout the County, as well as with
the Department of Permitting Services. In addition, the role of the Navigator needs to be that of an "advisor"
rather than an "enforcer" of County regulations
aqd
requirements.
It
is also important that a there is a better
understanding of what services may have to be reduced or eliminated in order to fund this program. Once these
issues have been successfully clarified, we look forward to working with the County government in
implementing this new role.
Thank you for your consideration of our recommendations.
Sincerely,
Giii'anne
M.
Italiano,
10M
President & CEO
~~MO
@
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Gaithersburg-Germantown
Chamber
of
Commerce,
Inc.
4 Professional Drive, Suite 132, Gaithersburg, Maryland 20879-3426, (301) 840-1400, Fax (301) 963-3918
Corporate Sponsors
February 23, 2012
Honorable Roger Berliner, President
Montgomery County Council
100
Maryland Avenue
Rockville, Maryland
20850
Re: Support of Proposed Council Bill
5-12
Dear Council President Berliner,
066980
IMETHODIST VlLLAGEI®
ASBURY
DELEON
&
STANG
.~-
The Gazette
llC
LINOWES\
AND
Thank you for the opportunity to comment on Bill
5-12
proposing the establishment of
a Small Business Navigator. Based on the feedback we receive from our members, this
service would be very helpful to small businesses.
I
would expect that the database of
information necessary for small businesses to comply with County policies and
regulations would be particularly helpful.
I
would like to make a few comments and
recommendations:
• We agree that there must be coordination with the Department of Economic
Development. DED has been very helpful in the past in assisting business owners
"navigate" the system. We would not want the Small Business Navigator and DED
to have redundant efforts.
• We also encourage coordination with the Department of Permitting Services. As
DPS is currently going through their Streamlining Development Process we would
expect the Small Business Navigator to be in communication with DPS and to
provide specific feedback
to
the process.
• We fully support the intensions of the Bill, however we do have some concern
about unintended consequences. It would be unfortunate if a small business went to
the County for assistance in complying with County regulations and was then fined
for non-compliance. Stranger things have happened. There has.to be a level of trust
between the small business owner and the navigator in terms of how the navigator
will resolve non-compliance issues. This directly relates to where (budgetarily and
physically) the "Navigator" will be housed.
• Our support of this Bill is conditional on what services might be reduced or
eliminated in order to fund this program. Without knowing the full budgetary
impact, it would be premature to state that we support this program over all others.
We want to thank you for your ongoing support of the business community. This
program is exactly the type of service that can have direct positive results for our small
businesses.
Warm Regards,
Marilyn Balcombe
OLY CROSS HOSPITAL
c:JJ----.--------.. --.­
JOHNS HOPKINS
U";lVEIISITY
HUGHES~
BLOCHER
LLP
ATTORNEYS AT LAW
~M&TBanl(
Understanding what's important"
~
Montgomery College
wndf4ts;J
pO$$lbjtJtlc:c
Since 1861
RODGERS
Enhancing
the
viilue of land assets
THERRIEN WAOiJELL
-www.ggchamber.org
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'fulL\",
'5-
\1­
D'Ovidio, Lou
From:
Sent:
To:
Robert Kaufman [bkaufman@mncbia.org]
Tuesday, February
28, 20122:34
PM
Berliner's Office, Councilmember
D'Ovidio, Lou; Montgomery County Council; Faden, Michael
Cc:
Subject: Bill
5-12
Small Business Navigator
066982
::::: ("") fTl
BUILDING INDUSTRV
ASSOCIATION
,
-;-~'"<
MARYLAND-NATIONAl-CAPITAL
ad
c:;
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-t
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To: Council President Roger Berliner
Montgomery County Council
February 28, 2012
Re: Bill 5-12, Administration - Small Business Navigator
The MNCBIA supports the effort to help small businesses navigate the complicated and time
consuming regulatory processes within Montgomery County and supports Bill 5-12 with clarifications.
Most members of the MNCBIA qualify as a small business and often struggle to keep up with all the
rules, regulations and policies associated with both running the small business and meeting County
requirements in the deployment oftheir mission or business. EspeCially for home builders, the
changing landscape of permit requirements can seem daunting and add unnecessary delay, costs and
roadblocks.
It is critical that small business see that the job ofthe navigator is to assist the small business with
discretion, help guide the small business through the processes, help coordinate between conflicting
departments, help break logjams and assure good communication between the small business and the
regulating department or agency. The job of compliance remains with the approving department or
agency and is not the responsibility of the Navigator.
To accomplish this we propose;
2-25B.
(b). add lIa Voluntary" before IIProgram," add "voluntary" before IISmaJl Business Assistance
Program ..." .
(c}.(l) add:
It
that may include but not be limited to, suggesting changes to or elimination of certain
regulations and policies, recommend manuals or guides for compliance, recommend orientation or
training for compliance, recommend changes to procedures and recommending clarifications
concerning approval authority."
(c).(2) eliminate ((primary point of contact" and add " ...trusted intermediary..."
?.I?.~/20
12
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Page 2 of2
(c),(3) replace "necessary" with "helpful"
Add:
(c).(S) "develop and maintain a database of the time it takes for a small business to obtain approval
once a complete application is received by the approving agency or department; identify recurring
delays, overlapping or duplicative procedures, misunderstandings or issues of compliance for the small
business and for the approving agency or department./J
(d). add, "On or before March lS
th
and '. "
and add atthe end ofthe sentence, "and
recommendations for improving turnaround, eliminating duplication, resolving conflicts in authority
and eliminating unnecessary regulations and policies."
,(I
(e). under no circumstances will a small business be required to utilize the Navigator nor shall the
County add any charge or fee for the services of the Navigator./J
S. Robert Kaufman
Director Government Affairs
Maryland National Capital Building Industry Association
1738 Elton Road
Suite 200
Silver Spring, Maryland 20903
bkaufman@rnncbia.org
(301) 445-5408
BIA's Business Networking Events
March l@ BlackFinn, click here
Prince George's Liaison Breakfast- March 26
To register click here
Celebrity Chefs - March 28
To sign up as a Chef or to Register click here
Check out NAHB's Member Advantage Program at www,nahb,org/ma
BUILDING HOMES, CREATING NEIGHBORHOODS
2/2812012
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ROCKVILLE, MARYLAND
MEMORANDUM
March 23,2012
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office ofManagement and BUdg..
Joseph F. Beach, Director, Department
OfFinanc~-
,J
M
.
j}-­
\..f
SUBJECT:
Bill 5-12 - Administration -SmaU Business Navigator -Established
Attached please find the fiscal and economic impact statements for the above­
referenced legislation.
JAH:bh
c: Kathleen Boucher. Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe County Executive
Joy Nurmi, Special Assistant to
the
County Executive
Patrick Lacefield, Director, Public Information Office
Alex Espinosa, Office of Management and Budget
Sonetta Neufville, Offices of the County Executive
Pam Jones, Office ofProcurement
Peter Bang. Department of Economic Deve]opment
Bryan Hunt, Office of Management and Budget
Angela Dizelos. Office of Management and Budget
Naeem Mia, Office of Management and Budget
Michael Coveyou, Department of Finance
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Impact Statement
Bill
5-12,
Administration - Small Business Navigator - Established
Fis~al
1. Legislative Summary
Bil15-12 would require the Executive to appoint a dedicated staff member to assist small
businesses to comply with County requirements and regulations, and to serve as the
primary point ofcontact between a small business and each County department or agency
with which the small business must interact. Small businesses often have trouble
understanding and complying with County requirements and regulations. Currently,
there is no dedicated staff member available in the Offices of the County Executive to
help small businesses meet Cotmty requirements.
2. An estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source ofinformation, assumptions, and methodologies used.
No change in County revenues is anticipated or assumed as a result of this bill.
Assumed expenditures for one
(1)
new Manager II position and one (1) new Principal
Administrative Aide
(P
AA) to administer the program are shown in item 3 below. A
senior-level position is necessary as the position is assumed to require at least ten years of
experience in working with
small
business fInns.
This individual will advise the Executive, the Council, the Chief Administrative Officer,
County Department heads, the Planning
Board~
and any other appropriate govenunent
agency, ofany action needed to assist small businesses; assess issues; receive complaints;
and, be the point ofcontact for a universe ofabout 30,000 small businesses in the
County,
The position will also need to coordinate with the Department of Economic
Development, Department of Permitting Services, and the Office of Procurement in
providing assistance to small businesses. The PAA position will provide general
administrative support and assist with database development and maintenance.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Continued on next page
(New)
~anager
n
Salary
&
Wages ( c )
Fringes 30% ( c )
Full Year
Reference
Cost
First Year
FY13 at.8
FTE
$
83,200
$
24,960
$
108,160
$
3,000
1,600
2nd Year
FY141.0
FTE
$104,000
3rd Year
FYIS
$104,000
$
31,200
4th Year
FY16
$104,000
5th Year
FYI 7
6th Year
FY18
$104,000
$
104,000
$
104,000
$
31,200
$
31,200
$
135,200
$
$
3,000
1,000
$
31,200
$
135,200
$
$
31,200
$
135,200
$
$
$
31,200
$ 135,200
Sum(pCs)
OE-OTO(a)
OE - Ongoing ( b )
$135,200
$
135,200
$
$
-
2,000
$
$
-
2,000
-
2,000
-
2,000
$
$
2,000
$137,200
$
$
Subtotal->
$
112,760
$
137,200
$
137,200
$
137,200
$
137,200
1
@
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(New) Principal
Administrative Aide
Salary
&
Wages ( e )
Fringes 30% ( c)
Sum (PCs)
OE~OTO(a)
Full Year
Reference
Cost
First Year
FY13 at.6
PTE
2nd Year
FY14.75
FTE
3rd Year
FY15
4th Year
FY16
5th Year
FY17
$
32,475
$
6th Year
FY18
$
32,475
$
$
43,300
$
12,990
$
56,290
$
$
2,000
750
$
25,980
$
$
$
32,475
$
$
9,743
$
32,475
$
$
$
32,475
$
$
9,743
$
42,218
7,794
9,743
9,743
9,743
$
33,774
$
42,218
$
42,218
$
750
$
42,218
$
$
42,218
$
2,000
750
OE - Ongoing ( b )
Subtotal->
Total Cost Estimate
$
$
750
$
750
$
750
$
750
$
36,524
$
42,968
$180
2
168
$
42,968
$180~168
$
42,968
$180:168
$
42,968
$
42,968
$149..284
5180
3
168
11
180
2
168
( a) One-time only office furniture, laptop wI docking station, office phone costs, wireless data device.
( b) Office phone, IT support, wireless
data
plan, miscellaneous office supplies, and mileage reimbursements.
( c) S
&
W and Fringes flatlined due to unknown future wage agreement, health care, retirement costs.
for the MIl position is
assumed
in
FY13 due to the
time
it will take to recruit and hire this
Notes:
position.
ThePAA
sition will onl be funded at 0.75
FfE
based on antic' atedjob duties and res onsibilities.
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Personnel costs for this position are currently flat lined due to uncertainty about future
wage agreement, health care, and retirement costs.
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
Not applicable. Bi115-12 does not authorize future spending.
6. An estimate of the staff time needed to implement the bill.
The new MIT position is estimated at 0.8 PTE
in
the first year of implementation (FY13)
due to the time necessary for recruitment and hiring. On-going funding will be at 1.0
FTE.
The new Principal Administrative Aide (PAA) position will be funded at 0.6 FTE
in
the
first year ofimplementation (FY13), based on anticipated job duties and responsibilities.
On-going future funding will be at .75 PTE.
7. An explanation of how the addition of new staffresponsibllities would affect other
duties.
These would be new positions hired specifically to perform the duties and tasks set forth
in Bill 5-12. The current staff at the Offices ofthe County Executive could not absorb
this new workload within their presently assigned job duties.
8. An estimate of costs when an additional appropriation is needed.
An
additional appropriation of$149,284 would be needed in FY13, as detailed in item 3.
2
@
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9. A description of any variable that could affect revenue and cost estimates.
Variables that impact collected revenue are not applicable. Variables that impact the
position's cost estimates are future wage agreements, health care, and retirement costs.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Future wage agreements, health care, and retirement costs (for all employees) are
llllcertain or difficult to project.
11.
If
a bill is likely to have no fiscal impact, why that is the case.
An impact on expenditures will occur due to the creation and filling of a new position.
12. Other fiscal impacts or comments.
The new Manager II and Principal Administrative Aide positions are the minimum
required resources to support the program established by this bill. If demand for services
increase, then additional resources and staffmg will be required for continued support.
13. The following contributed to and concurred with this analysis:
Sonetta N eufville, Offices of the County Executive
Peter Bang, Department ofEconomic Development
Michael Coveyou, Department of Finance
Angela Dizelos, Office ofManagement and Budget
Bryan Hunt, Office of Management and Budget
Naeem Mia, Office of Management and Budget
Pam Jones, Office ofProcurement
Date
S;'ADMNSTR\ffS\Lcgi.:;1ati0l1\FYi2\BilJ 5-12 ..
AcimlllisiratioD . .
Smtl.H
Business Navigator - htablishcd.d{1<';
3
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Economic
Impact Statement
Bill
5-12, Administration -Small Business Navigator -Established
Background:
This legislation would
require
the Executive to designate an employee in the Office of the
.Executive or the Office of the Chief Administrative Officer
as
the
Small
Business Navigator.
The
Small
Business Navigator would advise of any action needed
to
assist
small
businesses
. to
comply with County requirements
and
regulations; serve
as
the primary point of contact
between a small business
and
the County; develop and maintain a database of infonnation
necessary for a
small
business to comply with County requirements and regulations;
and
advise
small
businesses on how-to comply with County requirements and regulations
1.
The sources of information, assumptions, and methodologies used.
Not applicable-,-tbis legislation is administrative only.
2. A
description of any variable
that
could affect the economic impact estimates.
Not applicable-this legislation is administrative only.
3.
The
Bill's
positive or negative effect, if any on employment, spending. saving,
investment, incomes. and property values in the County.
While
this
legislation
is
predominantly administrative in nature,
its
intent
is
to
authorize support for local
small
businesses which are an important part of the local
economy. However. since
the role
ofthe authorized position of Small Business
Navigator
is
to support local
small
businesses
it
is not possible to reliably quantify its
impact on local economic factors such
as
employment
or
mvestment.
4.
If
a
Bill
is
likely to have no economic impact, why
is
that the case?
Not applicable-this legislation
is
administrative only.
5. The
following contributed
to and
concurred
with
this
analysis: David Platt
and
Mike
Coveyou, Finance
i~Director
.rJepartment of Finance