HomeMy WebLinkAbout201208aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
December 8, 2020
OPEN SESSION AGENDA
The meeting of the Board of County Commissioners of Washington County will be held at 100 West Washington Street, Suite 1113,
Hagerstown. Due to Governor Hogan’s Executive Order and gathering restrictions, Board members will be practicing social
distancing. County buildings remain closed to public access except by appointment. Therefore, there will be no public attendance in
the meeting chambers, unless previously scheduled. The meeting will be live streamed on the County’s YouTube and Facebook sites.
10:00 AM MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES: November 23, 2020 and December 1, 2020
10:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:10 AM STAFF COMMENTS
10:20 AM CITIZEN PARTICIPATION (citizens are required to submit a request to khart@washco-
md.net or by calling 240.313.2204 at least 24 hours in advance of the meeting)
10:25 AM DISCUSSION TO REVIEW DEMOLITION PERMIT REVIEW POLICY– Dr. Tom
Clemens, Chair; Linda Irvin-Craig, Co-Chair; Ralph Young, Co-Chair, Historic Advisory
Committee
10:35 AM REVISION OF POLICY PR22 – BOARDS AND COMMISSIONS – Kirk Downey, County
Attorney / Interim County Administrator
10:45 AM COUNTY REGULATIONS CONCERNING PIA REQUESTS – Kirk Downey, County
Attorney / Interim County Administrator
10:50 AM BUDGET TRANSFER FOR TERMINAL EXPANSION CHANGE ORDER – Garrison
Plessinger, Director, Hagerstown Regional Airport
10:55 AM MARYLAND AVIATION ADMINISTRATION SPECIAL GRANT – Garrison Plessinger,
Director, Hagerstown Regional Airport
11:00 AM CLOSED SESSION (To discuss the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body
has jurisdiction; or any other personnel matter that affects one or more specific individuals.)
11:10 AM ADJOURNMENT
Cort F. Meinelschmidt
Randall E. Wagner
Open Session Item
SUBJECT: Discussion to Review Demolition Permit Review Policy
PRESENTATION DATE: December 8, 2020
PRESENTATION BY: Dr. Tom Clemens, Chair, Historic District Commission (HDC); Linda
Irvin-Craig, Co-Chair, Historic Advisory Committee (HAC); Ralph Young, Co-Chair, Historic
Advisory Committee
RECOMMENDED MOTION: Consensus to revise the Demolition Permit Review Policy
and all appropriate local Ordinances to include 1) a requirement for historical documentation of a
structure as part of a demolition permit; 2) inclusion of a 90-day feasibility period after the
recommendation of the Historic District Commission (HDC) to define alternatives to demolition;
and 3) establish a fine to deter premature demolition.
REPORT-IN-BRIEF: The existing policy regarding demolition permit review by the HDC
was adopted by the Board of County Commissioners in January 1989. Since then it is the opinion
of both the Historic District Commission and the Historic Advisory Committee that the policy
has often been ineffective in preventing or delaying demolition of significant historic structures
and to allow an opportunity to find alternatives to demolition. The potential revisions to the
policy are recommended by the HDC and HAC to create those opportunities to discover and
employ alternatives which will allow retention and rehabilitation of structures that are important
to the representation and interpretation of Washington County’s rich cultural heritage.
DISCUSSION: There are three area of priority that have been delineated by these boards to
help preserve Washington County’s historic and cultural heritage. These priority topics are
designed to keep a complete and up to date inventory, allow time to work with property owners
to seek alternatives to demolition, and implement deterrents to premature demolition. The
revisions to the policy will not completely prevent demolition but it may help save and preserve
several of our significant historical and cultural resources.
FISCAL IMPACT: N/A
CONCURRENCES: Historic District Commission, Historic Advisory Committee
ALTERNATIVES: Retain current policy
ATTACHMENTS: Current Demolition Review Policy
Demolition Support Document
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Demolition Support Document for Historic District Commission and Historic
Advisory Committee
Part of the duties of the Historic District Commission outlined in the Zoning Ordinance include:
1. Review applications (Section 20.6-Historic Preservation, Section 5D.4-Rural Village and Section 20A-
Antietam Overlay
2. Review and make recommendations regarding legislation, applications for zoning text or map
amendments, special exceptions, variances, site plans, subdivisions or other proposals affecting
historic preservation.
3. Recommend programs and legislation to the Board of County Commissioners and Planning
Commission to encourage historic preservation
4. Serve as a clearing house for information, provide educational materials and info to the public and
undertake activities that advance the goals of historic preservation
5. Development of additional duties and standards. For example, criteria to be used in the review of
building and demolition permit applications
6. Prepare, adopt, publish and amend any additional guidelines to provide adequate review
materials for applications including HP, demolition and building permits
7. Oversee the maintenance and updating of the inventory of Washington County Historic Sites
Reference: Section 20.3 Historic District Commission Duties and Powers (Zoning Ordinance)
Some key points or thoughts to expand upon:
1. Washington County should continue to pursue development and retention of historic resources. We are not
one or the other. We need both to be a place where people want to live.
2. Washington County’s unique history drives tourism.
3. The historic resources that support the many narratives of the County should be protected within reason.
4. Not all old structures are historic. Not all historic structures can be retained but ample time should be
allowed to evaluate and document historical sites and/or structures. E.g.: Log house recently uncovered on
Jonathan Street prior to demolition.
5. County staff is not qualified to provide documentation services. There are small business resources
available locally that are qualified.
Some initiatives being pursued outside of this discussion:
1. Promotion of the County Tax Credit program as it is, including having it more prominently available on the
County’s website.
2. Exploring the expansion of the County Tax Credit program
3. Education initiatives regarding topics such as tax credits with special interest groups such as realtors,
builders, and owners of historic properties.
4. Improvements to the information available to property owners regarding historic properties in Washington
County .
5. Targeted mailings to historic property owners who may qualify or wish to become qualified for historic tax
credits through seeking specific designations for HP.
6. Updates to, and expansion of, the Historic Sites Survey inventory, including status of structures and the
addition of current photographs.
Priority 1 – Documentation
The Historic District Commission would require the permit applicant to provide documentation. In
some cases documentation may require the support of a licensed professional such as an architect, historian,
engineer or surveyor. Requiring documentation is consistent with all other applications for plan review in
Washington County.
Documentation would include the information required for review of building permits or site
plans in the HP or AO zoning overlays and historic Rural Villages. The information includes scale drawings,
documentation of historic data/significance and property history. Additional documentation may include
photographs of the interior/exterior of the property and documentation of explored alternatives to demolition.
Documentation would be completed PRIOR to permit application and would be provided at the
time of demolition permit application. Documentation may not be required in cases where demolition permit
request is a result of unanticipated events such as accidental fire or natural disasters like flood or extreme
storm damage. In cases where the entire structure is not completely destroyed, documentation to record what
is left may serve the records for the property.
Documentation would be required for all demolition requests that involve a property on the
County’s inventory of historic resources or any property more than 50 years old in the Antietam Overlay (AO) or
Rural Village (RV) Zoning Designations in Washington County Maryland.
Documentation prior to permit application achieves the following goals:
1. Ensures a timely and equitable review of the demolition permit. Documentation guidelines can be
applied consistently to application review by staff before the application is scheduled for the HDC
agenda and all applications will have the same level of documentation for decision making.
2. Provides an update to existing documentation for both staff and the Historic District Commission
members to see any changes since the last time the property was documented.
3. Ensures that the HDC can request additional documentation, if needed, to support the applicant’s
requested permit.
4. If the property is to be demolished, documentation prior to application will ensure that the Maryland
Inventory of Historic Properties and Washington County records can be updated accordingly
There are 4132 resources in Washington County listed by Maryland Historic Trust. There are
approximately 69,000 addresses in Washington County. That’s less than 6% of structures in the
County.
Demolition Permits Issued by Calendar Year*:
Calendar Year Demolition Permits
Issued Reviewed by Permits Reviewed by
70 3 4%
35 7 20%
43 9 21%
43 6 14%
45 8 18%
*Source: Accela Automation – Reports – Permits – Reports: Permit Issuance – Demo & Comprehensive Planning – Historic – Review Activities
Priority 2 – 90 Day Feasibility of Alternatives
Who: The Washington County Historic District Commission and the permit applicant would enter into
this 90-day feasibility of alternatives.
As part of increased documentation, demolition permits would be accompanied by a
narrative/supporting documents outlining why demolition alternatives are not feasible to the permit applicant.
The Commission would have ninety (90) days, from the time it concludes that no economically feasible plan can
be formulated, to negotiate with the owner and other parties to find a means of preserving the site or
structure. This 90-day period may include posting of the property. Washington County Historic District
Commission currently encourages demolition alternatives as listed in order of priority below:
1. Redesigning the project to avoid any impact to the structure or its setting;
2. Incorporating the structure into the overall design of the project;
3. Converting the structure into another use (adaptive reuse);
4. Relocating the structure on the property;
5. Relocating the structure to another property;
6. Salvaging from the structure, historically significant architectural features and building materials;
7. Documenting the structure as a whole and its individual architectural features in photographs, drawings
and/or text.
When: This 90-day period would begin after the Historic District Commission issues a decision against
demolition and could run concurrently with additional County board reviews such as the Planning Commission
and Board of County Commissioners.
This 90-day period would potentially apply to any demolition permit application that includes
any property on the County’s inventory of historic resources or is more than 50 years old in the Antietam
Overlay (AO) or Rural Village (RV) Zoning Designations.
Why: This 90-day period after completion of permit review achieves the following goals:
1. This is a conversation starter. The current 45-day review period does not provide enough time to
have conversations with all partners in historic preservation to find alternatives to save the structure
or site. The feasibility of demolition alternatives is often revised when more parties become aware of
the structure’s situation thereby increasing the chances that one or more of the demolition
alternatives can be utilized.
2. As a Maryland Certified Local Government (CLG), this 90-day period would be consistent with current
ordinance language established after Washington County became certified and would maintain our
local status.
Priority 3 – Deterrents to Premature Demolition
What we have now - $100/day Civil Citation if demolition occurs without a permit
1. The Historic District Commission has no way to deter demolition without a permit or premature demolition.
Premature demolition occurs when an owner/applicant applies for a demolition permit but proceeds with
the demolition before the permit is issued. This has happened twice in the last 12-month period with
permits under review by the Historic District Commission.
2. A $100/day Civil Citation is a reaction to a completed demolition and is rarely enforced. This civil citation is
effective for building violations during construction. It is not effective for demolition because the citation
will not cover the costs to replace or document the structure after it is already lost.
Proposed Deterrents to Premature Demolition
1. Create a mechanism for the HDC to issue fines for demolition without a permit as opposed to civil citations.
2. Establish a fine of up to $5000.
3. Impose a new construction moratorium for a minimum of 1 year when demolition without a permit or
demolition by neglect has occurred.
Proposed Benefit of Deterrents
Dedicate use of any generated fines for historic preservation initiatives such as updating the Historic Sites
Survey, documentation assistance or grant matching funds.
Why do we need to explore deterrents?
Our current available option of $100/day civil citation is not a viable mechanism to deter premature demolition.
It is important to remember some key facts about historic buildings:
1. Old buildings have intrinsic value.
2. When you tear down an old building, you never know what’s being destroyed.
3. New businesses prefer old buildings.
4. Old buildings attract people.
5. Old buildings are a reminder of a county’s culture and complexity.
6. Regret goes only one way.
-National Trust, Six Practical Reasons to Save Old Buildings
Open Session Item
SUBJECT: Revision of PR-22, Boards and Commissions Policy
PRESENTATION DATE: December 8, 2020
PRESENTATION BY: Kirk C. Downey, County Attorney/Int. Co. Administrator
RECOMMENDED MOTION: Move to adopt the proposed revisions to PR-22, Boards and
Commissions Policy, as presented and restate and republish said policy as amended.
REPORT-IN-BRIEF: Proposed revision of the Boards and Commissions Policy, PR-22.
DISCUSSION: The Commissioners asked that the Boards and Commissions
Policy, PR-22, be reviewed. Staff has reviewed the policy and suggested certain revisions to
allow the Board of County Commissioners flexibility and authority over those boards and
commissions under its purview.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Redline of PR-22, Boards and Commissions Policy
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
POLICY TITLE: Boards and Commissions
POLICY NO.: PR-22
I. PURPOSE
The purpose of this Policy is to establish guidelines for the appointment and
compensation, if applicable, of various boards, commissions, committees,
authorities, and other bodies reporting to the Board of County Commissioners
(“Board”).
II. GENERAL POLICY
The Board recognizes the importance of and encourages citizen participation in
local government boards and commissions. The Board maintains a file of County
residents who are interested in appointment to one of many such bodies. Interested
individuals should submit a completed application form which may be obtained
online at www.washco-md.net or upon request from the County Clerk. All
applications will be kept on file for two (2) years.
III. RESIDENCY AND ATTENDANCE REQUIREMENTS
Applicants must reside or work in Washington County to be considered for
appointment. Applicants must be willing and able to attend meetings as scheduled,
day or evening. Appointees to County boards and commissions are subject to the
County’s Ethics Ordinance.
IV. APPOINTMENTS AND TERM LIMITS
The provisions of this Policy will govern term limits unless otherwise provided by
statute, regulation, by-laws of the board or commission, or action of the Board.
Board and commission by-laws will be approved by the Board.
Terms generally.
1. The term limit for all board and commission members is two (2)
consecutive terms. Terms will be three (3) years.
2. An appointment to fill an unexpired term will not be considered a full term.
A member may serve until a successor is appointed.
3. Terms will be staggered wherever possible to assure continuity.
4. Membership on a board or commission may be terminated by voluntary
withdrawal or removal by the Board at the Board’s sole discretion.
5. All board and commission members shall take the oath of office within
thirty (30) days of their appointment.
Deleted:
Deleted:
Deleted:
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Deleted: be County residents
Deleted: , except for the Economic Development Commission
(EDC). Applicants for the EDC will be considered who are
employed by or affiliated with business entities that have a
substantial presence in Washington County. The extent of the
affiliation of the applicant and the presence of the entity in
Washington County will be factors in the deliberations of the Board
on the application for appointment to the EDC.…
Deleted: Most
Deleted: Maryland Public Ethics Law
Deleted: TERM LIMITS
Deleted:
Deleted:
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" +
Indent at: 1"
Deleted:
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Deleted:
Deleted:
Deleted: A member of a board or commission may be removed by
the Board in the best interest of the community.Membership on a
Deleted: by
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" +
Indent at: 1"
Deleted: be administered
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Deleted: date
Deleted: ¶
¶
¶
¶
¶
PR-22 Boards and Commissions Page 2
V. COMPENSATION
The Board has the final authority in all compensation decisions pertaining to board
and commission members. The Board recognizes that, because of the varied nature
of responsibilities, compensation will vary. Most boards and commissions have
historically not been paid appointments. A list of current County boards and
commissions is maintained by the County Clerk.
VI. FISCAL YEAR REVIEW
As part of the budget preparation process, the Board will review the status of all
boards and commissions. At that time, the Board may decide to create or abolish
boards and commissions, change the paid or unpaid status, or increase or decrease
member compensation.
VII. EXCEPTIONS
The Board may waive the two (2) year consecutive term limit or any other
provision in this policy when the Board, in its sole and absolute discretion, believes
such waiver to be in the best interests of Washington County citizens.
Formatted: Keep with next
Deleted:
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PR-22 Boards and Commissions Page 3
Policy Actions
Action Taken Approval Date Effective Date
Adoption November 4, 1997 November 4, 1997
Revision January 5, 1999 January 5, 1999
Revision April 22, 2003 April 22, 2003
Content affirmed and
renewed
November 28, 2017 November 28, 2017
Revision December 8, 2020 December 8, 2020
Deleted: _____, 2019
Deleted: _____, 2019
Open Session Item
SUBJECT: County Regulations Concerning PIA Requests
PRESENTATION DATE: December 8, 2020
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDED MOTION: Move to rescind County Regulations Concerning Public
Information Act Requests, in favor of those procedures prescribed by the Maryland Code.
REPORT-IN-BRIEF: The County’s Regulations Concerning Public Information Act
Requests is outdated due to significant changes in the Maryland Public Information Act (MPIA)
and should be rescinded in favor of the Maryland Code.
DISCUSSION: The Maryland Public Information Act 1 grants members of the public
broad access to public records in the possession of State and local governments. The MPIA was
originally enacted in 1984. Washington County adopted Regulations Concerning Public
Information Act Requests (Regulations) on January 2, 2001, which set out procedures for filing
PIA requests, for inspection and copying records, and charging reasonable fees.
Since the adoption of the County’s Regulations, the MPIA statute has been substantially revised
several times. The MPIA now sets forth statewide procedures for: responding to requests for
records; calculating fees for search, review, and production of the records; deciding disputes
regarding the fees charged for search, review and production of records; obtaining mediation or
judicial appeal regarding disputes involving access to records; and related matters.
The substantial changes to the MPIA now render the County’s Regulations Concerning Public
Information Act Requests both superceded and unnecessary. The Regulations should be rescinded,
and the County should simply rely on the procedures set forth in the Maryland Code.
FISCAL IMPACT: Negligible
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Previous County Regulations dated January 2, 2001
AUDIO/VISUAL NEEDS: None
1 Maryland Code, General Provisions Article § 4-101 et seq.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
POLICY NUMBER:
ADOPTION DATE: January 2, 2001
EFFECTIVE DATE: January 1, 2001
FILING INSTRUCTIONS:
TABLE OF CONTENTS
Chapter 01 Public Information Act Requests..............................................................1
.01
General............ .... 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 9 0 e 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 e 9 0 9 0 0 0 0 of*
.02
Definitions.
.03
Who May Request.
.04
Necessity for Written Request.........................................................................2
.05
Contents of Written Request. ................................................... e .......................
2
.06
Filing Written Request.
.07
Response to Written Request...........................................................................2
.08
Notification of Persons Who May Be Affected By Disclosure ......................3
.09
Records Temporarily Unavailable...................................................................3
.10
Records Destroyed or Lost. . .... so ........... e ...................... e ........... e..e..e ........... e ... e..3
.11
Review of the Denial.........................................................................................4
.12
Disclosure Against Public Interest..................................................................4
.13
Fees.
.14
Time of Inspection.
.15
Place of Inspection.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 0 41 * 0 0 . 0 0 0 9 0 & 0 0 0 * 0 0 0 41 o o 4, o o a* o o * o o 4. . o so . e* 9 o 9 9 o o 9 9 so o o 9 o o o o 4, o 4. a* o o o o too
6
Chapter 02 Correction Or Amendment Of Personal Records....................................6
.01
General...............................................................................................................6
.02
Who May Request.
.03
Contents of Request. .......................................................... • .............................. 7
.04
Filing the Request.
.05
Return of Request..............................................................................................7
.06
Response to Request.
.07
Refusal of Request.
.08
Requirements For Statement of Disagreement...............................................8
.09
Information Provided to Third Parties..........................................................0.8
.10
Administrative Review.....................................................................................9
i
REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
CHAPTER 01 PUBLIC INFORMATION ACT REQUESTS
.01 General.
These regulations set out procedures for filing requests with Washington County,
Maryland for the inspection and copying of records under the Public Information Act,
State Government Article §§10-611 through §10-628, Annotated Code of Maryland. It is
the policy of the County to facilitate public access to the records of the County, when
such access is allowed by law, by minimizing costs and time delays to persons
requesting information.
.02 Definitions.
A. "Act" means the Public Information Act, State Government Article §10-611
through §10-628, Annotated Code of Maryland.
B. "Applicant" means a person requesting disclosure of public records.
C. "County" means Washington County, Maryland.
D. "Custodian' means an authorized person employed by the County having
personal custody and control of public records of the County.
E. "Official Custodian" means the person who is responsible for the
maintenance, care, and keeping of the public records of the County. Unless
otherwise provided by law, the County Attorney is the official custodian of
the County's records.
F. "Public records" means all paper, correspondence, forms, books,
photographs, photostats, films, microfilm, sound recordings, maps,
drawings, or other written documents, regardless of physical form or
characteristics. "Public records" includes all copies made or received by the
County in connection with the transaction of public business and includes
the salaries of all employees of the County.
G. "Working day" means a day other than Saturday, Sunday, or a County
holiday.
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REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
H. "Written documents" means all books, papers, maps, photographs, cards,
tapes, recordings, computerized records including e-mails, and other
documentary materials, regardless of physical form or characteristics.
.03 Who May Request.
Any person may request to inspect or copy public records of the County.
.04 Necessity for Written Request.
A. Inspections.
(1) Except as otherwise provided in this chapter, the custodian shall
generally make public records available for inspection by an applicant
without demanding a written request.
(2) The custodian shall require a written request if the custodian
reasonably believes that the Act or any other law may prevent the
disclosure of the record to the applicant or that a written request will
materially assist the County in responding to the request.
B. Copies.
If the applicant is requesting a copy of any public record, the custodian
may require a written request by the applicant.
.05 Contents of Written Request.
A written request shall contain the applicant's name and address, shall be signed
by the applicant, and shall reasonably identify by brief description the record sought.
.06 Filing Written Request.
A written request shall be addressed to the custodian of the record. If the
custodian is unknown to the applicant, the request may be addressed to the County
Attorney.
.07 Response to Written Request.
A. If the custodian decides to grant a written request for inspection, the
custodian shall produce the record for inspection immediately or within a
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REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
reasonable period, not to exceed 30 days from the date of the request where
such period of time is needed to retrieve the information.
B. If the custodian decides to deny the written request, the custodian shall do so
within 30 days of the written request and immediately upon deciding to
deny the request, notify the applicant of the denial.
C. If a requested public record is not in the custody or control of the person to
whom written application is made, that person shall, within 10 working days
of the receipt of the request, so notify the applicant. If that person knows the
name of the custodian of the record or the location or possible location of the
record, this information shall also be given to the applicant.
D. With the consent of the applicant, any time limit imposed by .07 A to C may
be extended for an additional period not to exceed 30 days.
.OS Notification of Persons Who May Be Affected By Disclosure.
Unless prohibited by law, the custodian should notify any person who could be
adversely affected by disclosure of a record that a request for inspection or copying of
the record has been made. The custodian may consider the views of that person before
deciding whether to disclose the record to the applicant.
.09 Records Temporarily Unavailable.
If a requested public record is in the custody and control of the person to whom
written application is made but is not immediately available for inspection or copying,
the custodian shall, within 10 working days of the receipt of the request, so notify the
applicant and set a date and hour within a reasonable time for inspection or copying.
.10 Records Destroyed or Lost.
If a requested record has been destroyed or lost, the custodian to whom the
application is made shall, within 10 working days of the request, notify the applicant of
this fact and explain in the response the reasons why the record cannot be produced.
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REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
.11 Review of the Denial.
A. If a written request is denied by the custodian for a reason other than that the
record is temporarily unavailable, the applicant may, within 30 days after
receipt of the notice of the denial, request an administrative hearing.
B. If the applicant requests a hearing, the hearing shall be conducted by a
hearing officer designated by the County Attorney and the hearing shall be
governed by Title 10, Subtitle 2 of the State Government Article. After the
hearing, the hearing officer shall prepare a recommended decision for the
County Attorney. The County Attorney shall issue the final decision of the
County.
C. If the hearing results in a total or partial denial of the written request, the
applicant may file an appropriate action in the circuit court under §10-623 of
the Act.
D. If the applicant chooses not to request a hearing under TA above, the
applicant may file an action for judicial enforcement under §10-623 of the Act
without exhausting that admvtistrative remedy.
.12 Disclosure Against Public Interest.
If, in the opinion of the County Attorney, disclosure of any public record that may
otherwise be subject to disclosure under the Act would do substantial injury to the
public interest, the County Attorney may temporarily deny the request in writing and
apply within 10 working days of the denial to the appropriate circuit court for an order
permitting continued denial or restriction of access. Notice of the application filed with
the circuit court shall be served on the applicant in the same manner that is provided
for service of process by the Maryland Rules of Procedure.
.13 Fees.
A. The fee schedule for copying and certifying copies of records is as follows:
(1) Copies. The fee for each copy is $.15 per page if reproduction is made
by a photocopying machine within the County. If records are not
susceptible to photocopying (for example, punch cards, magnetic tapes,
blueprints, and microfilm), the fee for copies will be based on the actual
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REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
cost of reproduction. There will be no charge for a request for five (5)
copies or fewer.
(2) Certification of Copies. If a person requests that a copy of a record be
certified as a true copy, an additional fee of $1.00 per page, or if
appropriate, per item shall be charged.
(3) Other documents. Standard engineering drawings (24" x 36") and half -
sheet or right-of-way plat sizes will be charged at $2.50 per sheet, and
the cost of copying larger plats shall be computed by the total area of
the document at the rate of $2.25 plus $.04 per square foot.
(4) Search Fee Charged. A search fee of $15.00 per hour will be charged for
the time required to search for and assemble documents in response to
the request. No charge will be assessed for the first two hours incurred.
B. Notwithstanding TA above, if the fees for copies, printouts, photographs, or
certified copies of any record are specifically prescribed by a law other than
the Act or this regulation, the prescribed fee shall be charged.
C. If the custodian is unable to copy a record within the County, the custodian
shall make arrangements for the prompt reproduction of the record at public
or private facilities outside the County. The custodian shall either collect
from the applicant a fee to cover the actual cost of reproduction or direct the
applicant to pay the cost of reproduction directly to the facility making the
copy.
D. Before copying a record, the custodian shall estimate the cost of reproduction
and either obtain the agreement of the applicant to pay the cost or demand
prepayment of any estimated fee before reproducing the record.
E. Except as provided in subsection F, the official custodian shall charge the fee
set forth in section .13(A)(4) for official's or employee's time expended
searching for requested records or for any time expended preparing records
for inspection and copying.
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REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
F. The official custodian may not charge any search or preparation fee for the
first two hours of official or employee time that is needed to respond to a
request for information.
G. Upon request, the official custodian may waive or reduce any fee charged
pursuant to this regulation if the custodian determines that the waiver or
reduction is in the public interest. The official custodian shall consider,
among other relevant factors, the ability of the applicant to pay the cost or
fee.
H. If the applicant requests that copies be mailed or delivered to the applicant,
the custodian may charge the applicant for the cost of postage or delivery to
the applicant.
.14 Time of Inspection.
An applicant may inspect any public record that the applicant is entitled to inspect
during the normal working hours of the County.
.15 Place of Inspection.
The place of inspection shall be the place where the document is located unless the
custodian, after taking into account the applicant's expressed wish, determines that
another place of inspection is more suitable and convenient.
Chapter 02 CORRECTION OR AMENDMENT OF PERSONAL RECORDS
. 01 Genera 1.
These regulations set out procedures for persons in interest to request the
correction or amendment of personal records under State Government Article §10-625
in Washington County.
.02 Who May Request.
A "person in interest" as defined in §10-611(e) may request the County to correct
or amend any personal records pursuant to §10-625.
6
REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
.03 Contents of Requesf.
The person in interest shall request the correction or amendment in writing. Each
request shall:
A. Identify the personal records the person is seeking to correct or amend;
B. State the precise correction or amendment requested;
C. State the reason the correction or amendment is sought; and
D. Include the statement that the personal records are to the person's belief
currently inaccurate or incomplete.
.04 Filing the Request.
A request for correction or amendment of the records shall be filed with the
County by addressing it to the custodian of the record. If the custodian is unknown to
the person in interest, the request may be addressed to the County Attorney.
.05 Return of Request.
A request for correction or amendment will be considered filed with the County
when received only to the extent that it reasonably complies with Regulation .03. If a
request does not reasonably comply with Regulation .03, it shall be returned to the
person with an explanation of the reason for the return and a statement that, upon
completion, it may be refiled with the County.
.06 Response to Request.
Within 30 days after the completed request for correction or amendment that
complies with Regulations .03 and .04 is received, the custodian of the record shall:
A. Make the requested correction or amendment and inform the person in
writing of the action; or
B. Inform the person in writing of:
(1) The Couniy's refusal to make the requested correction or amendment;
and
7
REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS
(2) The reason for the refusal; or
C. Inform the person in writing that the request will not be acted on because:
(1) The person is not a "person in interest";
(2) The records sought to be corrected or amended are not "personal
records";
(3) The person requesting the correction or amendment is not entitled to
inspect the records under §10-615 through §10-619; or
(4) Of any other reason that is authorized by law.
.07 Refusal of Request.
If the County's final determination under Regulation .06 is to refuse the requested
correction or amendment, as authorized by Regulation .06B, the person in interest may
file with the County a concise statement of the reasons for:
A. The requested correction or amendment; and
B. Disagreement with the Couniy's refusal to make the correction or
amendment.
.08 Requirements for Statement of Disagreement.
The statement specified in Regulation .07 shall be filed on pages not exceeding S"
x 11 "in size. Only one side of the page shall contain the statement. No more than five
pages will be accepted by the County in connection with a single request for correction
and amendment.
.09 Information Provided to Third Parties.
When the County discloses to a third party information from personal records
about which a statement in compliance with Regulations .07 and .08 has been filed, the
County shall furnish a copy of the statement to the third party.
REGULATIONS CONCERNING PUBLIC INFORMATION ACT REQUESTS—
.10 Administrative Review.
A. A person may, but need not, request an administrative review within the
County, by filing a request for review with the County Attorney, if the
person has been denied:
(1) An amendment or correction of a record;
(2) The right to file a statement; or
(3) The right to have a statement to a third party forwarded
pursuant to Regulation .09.
B. A request for review shall be filed within 30 days of the date the person is
advised of the County's action.
C. The review proceedings shall be conducted in accordance with Title 10,
Subtitle 2 of the State Government Article and the administrative hearing
regulations of the County.
H:\PERS0NNE\piapo1d.doc
9
Open Session Item
SUBJECT: Budget transfer for terminal expansion change order
PRESENTATION DATE: December 8, 2020
PRESENTATION BY: Garrison Plessinger, Airport Director
RECOMMENDATION: To approve the budget adjustment and change order for terminal project.
REPORT-IN-BRIEF: Budget transfer will provide funding for local portion of the change order.
DISCUSSION:
The following items below were approved by the FAA and MAA for the terminal project:
• Substitution of Roof Ceiling Panels
• Unsuitable Excavation
• Storm drain Inlet Modifications
• Relocate Water Heater
Funding is distributed as follows:
• 90% FAA totaling $51,800
• 5% MAA totaling $2,900
• 5% County totaling $2,900
FISCAL IMPACT: $57,600 increase to project
CONCURRENCES: NA
ALTERNATIVES: NA
ATTACHMENTS: Budget Adjustment Form, FAA Concurrence, Callas Change Order #3 Form
AUDIO/VISUAL NEEDS: NA
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Department Head Authorization
Budget & Finance Director Approval
County Administrator Approval
Required > $ 25,000 with date
Washington County, Maryland
Budget Adjustment Form
Explain
Budget Adjustment
Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds.
Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department
County Commissioners Approval
Transaction/Post -Finance
Deputy Director - Finance
Preparer, if applicable
Expenditure /
Account Number
Fund
Number
Department
Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease)
+ / -
Required approval with date
Required approval with date
If applicable with date
Required approval with date
Division Director / Elected Official Authorization
Required Action by
County Commissioners No Approval Required Approval Required Approval Date if
Known
Print Form
Garrison Plessinger Digitally signed by Garrison Plessinger
Date: 2020.11.23 10:49:02 -05'00'
Items including Substitution of Roof Ceiling Panels (AIP-06), Unsuitable Excavation (AIP-061), Stormdrain Inlet Modifications (AIP-061), Relocate Water Heater
(AIP-061)
Kelcee Mace Digitally signed by Kelcee Mace
Date: 2020.11.23 10:39:23 -05'00'
498400 35 45010 BLD082 0000 Capital Grant - Federal 51,800
498410 35 45010 BLD082 0000 Capital Grant - State 2,900
498710 35 45010 BLD082 0000 Capital Transfer - General 2,900
599999 35 45010 BLD082 CNST Passenger Terminal Hold Room Expansion 57,600
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY MARYLAND
100 WEST WASHINGTON STREET, HAGERSTOWN, MARYLAND 21740-4735
CHANGE ORDER
TO:
Consultant:
Contractor:
Vendor:
CALLAS CONTRACTORS, LLC
Attn: Eve Miller, Project Manager
10549 Downsville Pike
Hagerstown, MD 21740
Change Order No. 3 Purchase Order No. WASHCO25678
Contract No. PUR-1436 Oracle Account No. 515000-35-45010-BLD082-CNST-00000
Project Title: HAGERSTOWN REGIONAL AIRPORT TERMINAL BUILDING EXPANSION Date: 9/17/2020
The contract time will:increase decrease remain the same by:calendar days working days
Description of Change:
1. Substitution of roofing panels from B-Deck to EPIC Deck
2. Unsuitable Material Excavation and Backfill
3. Stormdrain Inlet Modifications
4. Relocate Water Heater
Reason for Change:
See the attached letter addressed to the FAA for justification of the items listed above.
The completion date, incorporating the changes included in this change order, is: March 22, 2021
The original contract sum was: $6,391,000.00
Net changes by previous change orders: $1,025,654.82
Contract sum prior to this change order: $7,416,654.82
By this Change Order, the contract sum will be changed by: $57,542.13
The new contract sum including this change order will be: $7,474,196.95
The Consultant/Contractor/Vendor shall not commence with the work described hereon until this form is executed by all agents.
Consultant:Finance:
Contractor/Vendor:Purchasing:
Approving Agency:County Administrator:
Outside County Entities: Please email the signed form to ChangeOrder@washco-md.net.
Mahesh S. Kukata, PE Digitally signed by Mahesh S.
Kukata, PE
Date: 2020.09.17 13:32:58 -04'00'
Eve Miller Digitally signed by Eve Miller
Date: 2020.11.04 12:59:53 -05'00'
Garrison Plessinger Digitally signed by Garrison
Plessinger
Date: 2020.11.05 08:34:56 -05'00'
U. S. Department
of Transportation
Federal Aviation
WASHINGTON AIRPORTS DISTRICT OFFICE
13873 Park Center Road, Suite 490S
Herndon, Virginia 20171
Telephone: 703/487-3980
Fax: 703/487-3982
September 11, 2020
Mr. Garrison Plessinger
Airport Director
Hagerstown Regional Airport
18434 Showalter Road
Hagerstown, Maryland 21742
Re: Change Order No. One (1)
Hagerstown Regional Airport
Expand Terminal Building
AIP 3-24-0019-061/062-2019
Dear Mr. Plessinger:
I have reviewed the subject Change Order and associated time extension and determined that it is
justified reasonable.
The following contract items are approved for an increase of $1,083,196.95 ($41,196.95 AIP-061/
$1,042,000 AIP-062) and no change to contract time:
1. Acquire and Install Passenger Boarding Bridge (AIP-062)
2. IT Equipment Procurement by Washington County (AIP-061)
3. Substitution of Roof Ceiling Panels (AIP-061)
4. Unsuitable Excavation (AIP-061)
5. Stormdrain Inlet Modifications (AIP-061)
6. Relocate Water Heater (AIP-061)
The following limitations apply to this action:
• This determination is solely for the purpose of establishing eligibility of costs under the AIP
program. This approval does not represent a commitment of Federal funds in addition to the
original grant obligation.
• The incorporation of non-participating work items must not directly or indirectly result in any
additional cost to the AIP-eligible portion of the project. Please maintain a separate and
accurate cost accounting of the non-participating work that will permit a third party auditor to
quickly verify proper allocation of costs.
• The eligible costs for the IT Equipment Procurement cannot exceed the original costs
included in the contract ($16,345.18). Any costs above that amount will not be AIP eligible.
Please forward a copy of the executed change order to my attention as soon as it is available. Your
record drawings should indicate details addressed by this change order.
Please contact me at (703) 487-3976 or via e-mail at john.m.robinson@faa.gov if you have
questions.
Sincerely,
John M. Robinson, II, P.E.
Airport Engineer
EC: William Krozack, MAA
Mahesh Kukata, ADCI
Kyle Allison, FAA
Open Session Item
SUBJECT: Maryland Aviation Administration Special Grant – Approval to Accept Funding
PRESENTATION DATE: December 8, 2020
PRESENTATION BY: Garrison Plessinger, Director, Airport
RECOMMENDED MOTION: Move to approve acceptance of the award from the Maryland
Aviation Administration in the amount of $135,375.
REPORT-IN-BRIEF: The Hagerstown Regional Airport submitted a request to the Maryland
Aviation Administration seeking funding assistance through the Special Grant program for the
completion of the upgrades to the existing Virtual Perimeter Monitoring System (VPMS),
purchase of an Aircraft Rescue Fire Fighting Foam Testing Equipment and a Live Scan
Fingerprinting Machine. These projects were approved in FY21 CIP budget.
DISCUSSION: The Office of Grant Management has reviewed the grant funding guidelines.
There is a County match requirement of 25% associated with this grant. The match is included in
the FY21 Airport CIP budget.
Maryland Aviation Administration (75%) $135,375
Washington County (25%) $ 45,125
Total Project Cost $180,500
FISCAL IMPACT: Matching funds are included in the Airport’s CIP budget.
CONCURRENCES: Susan Buchanan, Director, Office of Grant Management
ALTERNATIVES: Deny acceptance of funding
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form