HomeMy WebLinkAbout240723aJohn F. Barr, President
Jeffrey A. Cline, Vice President
BOARD OF COUNTY COMMISSIONERS
July 23, 2024
OPEN SESSION AGENDA
10:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
APPROVAL OF MINUTES: July 2, 2024
10:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:15 AM STAFF COMMENTS
10:20 AM CITIZEN PARTICIPATION
10:30 AM 2024 AUGUSTOBERFEST
Jill Colbert, Augustoberfest Chairwoman; Cody Hill, Marketing and Communications
Chair, Augustoberfest
10:40 AM AMERICAN RESCUE PLAN ACT (ARPA) ALLOCATIONS
Kelcee Mace, Chief Financial Officer on behalf of the ARPA Committee
10:55 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-24-0146) –
PAVEMENT MARKING MATERIALS AND SERVICES FOR THE
HAGERSTOWN REGIONAL AIRPORT
Brandi Naugle, Buyer, Purchasing; Neil Doran, Director, Hagerstown Regional
Airport
11:00 AM AIRPORT SEEKS COMPETITIVE FAA GRANT UNDER THE BIPARTISAN
INFRASTRUCTURE LAW BIL-ATP. PROJECT TO PROVIDE 4,800SQ OF EAST
SIDE EXPANSION SPACE IN THE “LANDSIDE” PORTIONS OF THE
TERMINAL
Neil Doran, Director, Hagerstown Regional Airport; Andrew Eshleman, Director,
Public Works
11:05 AM 2024 HOUSING BOND ALLOCATION TRANSFER
Jill Baker, Director, Planning and Zoning
11:15 AM WASHINGTON COUNTY HISTORIC DISTRICT COMMISSION –
AMENDMENT TO BYLAWS
Aaron R. Weiss, Assistant County Attorney; Meghan Jenkins, Historic District
Commission
Derek Harvey
Wayne K. Keefer
Randall E. Wagner
Page 2 of 2
OPEN Session Agenda
July 23, 2024
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
11:20 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; and To consult with counsel to obtain
legal advice on a legal matter)
11:50 AM RECONVENE IN OPEN SESSION
RECESS
EVENING MEETING AT THE TOWN OF HANCOCK
Location: 126 WEST HIGH STREET, HANCOCK, MARYLAND
6:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
6:05 PM TOWN OF HANCOCK LEADERS’ REPORTS AND COMMENTS
6:20 PM COMMISSIONERS’ AND COUNTY ADMINISTRATOR’S REPORTS AND
COMMENTS
6:30 PM CITIZENS PARTICIPATION
7:00 PM ADJOURNMENT
Open Session Item
SUBJECT: 2024 Augustoberfest
PRESENTATION DATE: July 23, 2024
PRESENTATION BY: Jill Colbert, Augustoberfest Chairwoman, Cody Hill, Augustoberfest
Marketing and Communications Chair
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: N/A
DISCUSSION: To thank the Board of County Commissioners for their continued support and to
update them on the event this year including an update on the foundational money to the Sister City
and other non-profits from last year's event, and improvements and additions to this year's event. We
wish to extend an invitation to the Board for the event this year and to extend our gratitude and thanks
for any grant money awarded to us this year.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ATTACHMENTS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUBLIC PACKET
Open Session Item
SUBJECT: American Rescue Plan Act (ARPA) Allocations
PRESENTATION DATE: July 23, 2024
PRESENTATION BY: On behalf of the ARPA Committee: Kelcee Mace, Chief Financial
Officer
RECOMMENDED MOTION: Motion to approve the ARPA Committee’s recommendations
for allocating remaining funds.
REPORT-IN-BRIEF: The County has approximately $648,592 in ARPA funds that have not
yet been allocated. These funds must be allocated by December 31, 2024.
DISCUSSION: The County has received the following requests for funding that would be
eligible for ARPA funding:
•Town of Boonsboro requested funding for their reservoir project to reduce expected
borrowing of $3,000,000.
•Town of Funkstown requested funding of $175,000 to repair an open storm drain on
Poplar Street and Wye Oak Drive; and $100,000 for replacement of a lead service line on
Frederick Road.
•Town of Smithsburg requested funding towards the replacement of several pump stations
with expected costs of approximately $1,000,000 each.
•Community Rescue Service requested funding of $60,000 to purchase a Stryker
ambulance power load system for their new unit.
•County staff requested an additional $11,000 for the ARPA Grant Manager position to
maintain the position through the end reporting that is due in March 2027.
The ARPA Committee met and discussed the requests. The Committee makes the following
recommendations:
•Allocating $400,000 to the Town of Boonsboro reservoir project.
•Allocating $100,000 to the Town of Funkstown for the lead service line replacement
project.
•Allocating $137,000 to the Town of Smithsburg for the pump station replacement project.
•Allocating $11,592 to maintain the ARPA Grant Manager position through the end
reporting due in March 2027.
FISCAL IMPACT: $648,592 ARPA Funds
CONCURRENCES: ARPA Committee: Michelle Gordon, County Administrator; Kelcee
Mace, Chief Financial Officer; Andrew Eshleman, Director of Public Works; Mark Bradshaw,
Director of Environmental Management; Rachel Souders, Director of Grant Management; Dave
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Hays, Director of Emergency Services; Jonathan Horowitz, Director of Business and Economic
Development; and Allison Hartshorn, ARPA Grant Manager
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-24-0146) – Pavement Marking Materials
and Services for the Hagerstown Regional Airport
PRESENTATION DATE: July 23, 2024
PRESENTATION BY : Brandi Naugle, CPPO, Buyer; Neal Doran, Deputy Director, Hagerstown
Regional Airport
RECOMMENDED MOTION: Move to authorize by Resolution, for the approval for the purchase
of Pavement Marking materials and services required for the following project description: Runway
9/27 rubber removal, marking, cleaning, and marking re-stripe with new black outline; remove and
replace taxiway P marking, runway 2/20 markings, and surface painted hold position sign adjustments
for the Hagerstown Regional Airport from Hi-Lite Airfield Services, LLC of Bradenton, FL for the
total sum of $166,359 and utilize the use of another jurisdiction’s contract that was awarded by
Sourcewell, Contract #110122-HLA.
REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County grants
authorization for the County to procure goods or services under contracts entered into by other
government entities. On items over $50 ,000, a determination to allow or participate in an
intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate that
the participation will provide cost benefits to the county or result in administrative efficiencies and
savings or provide other justification for the arrangement.
The County will benefit from the direct cost savings in the purchase of the pavement marking services
and materials because of the economies of scale this contract has leveraged. Additionally, the County
will realize savings through administrative efficiencies as a result of not preparing, soliciting, and
evaluating a bid. Acquisition of the services and material by utilizing the Sourcewell contract and
eliminating our county’s bid process would result in administrative and cost savings for the Hagerstown
Regional Airport in preparing specifications and the Purchasing Department.
DISCUSSION: N/A
FISCAL IMPACT: Funds in the amount of $1,390,00 are available in the department’s Capital
Account 515000-35-45010-BLD088 Airport Systemic Improvements and funding in the amount of
$6,359 is available in the departments operating budget 526090-45 -45020 Painting Supplies.
CONCURRENCES: Public Works Director
ALTERNATIVES: N/A
ATTACHMENTS: Hi-Lite Proposal dated 7/5/24 and Resolution, RS-2024
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
HI-LITE AIRFIELD SERVICES, LLC
4816 Lena Road
Bradenton, FL 34211
315.583.6111
www.hi-lite.com
Hagerstown Regional Airport – UPDATED Sourcewell Proposal
P-620-
RR.MOB
Waterblasting Crew & Equipment
Mobilization
1 EA $ 3,720.00 $ 3,720.00
P-620-RR Rubber Removal via Waterblasting
40,000 SF $ 0.21 $ 8,400.00
P-620-SP Marking Cleaning via Waterblasting
115,000 SF $ 0.21 $ 24,150.00
P-620-PR Marking Removal Via Waterblasting
2,870 SF $ 2.85 $ 8,179.50
P-620-
Paint.MOB
Paint Crew & Equipment Mobilization
1 EA $ 3,720.00 $ 3,720.00
P-620-W.II.I Runway 9/27 White Pavement Marking
109,910 SF $ 0.65 $ 71,441.50
P-620-B.II Runway 9/27 Black Marking
31,223 SF $ 0.50 $ 15,611.50
P-620-Y.II.I Runway 9/27 Overrun & Lead-On Yellow
Marking
2,297 SF $ 2.25 $ 5,168.25
P-620-B.II Taxiway Papa Black Pavement Marking
770 SF $ 1.50 $ 1,155.00
P-620-Y.II.I Taxiway Papa Yellow Marking
690 SF $ 2.25 $ 1,552.50
P-620-
SPHPS.II.I
Taxiway Papa SPHPS Marking
510 SF $ 3.50 $ 1,785.00
P-620-Esc. 2024 Escalator - 10% 1 LS $14,231.83 $14,231.83
P-620-SPHPS Surface Painted Hold Position Signs 900 SF $ 3.50 $ 3,150.00
P-620-W.II.I Runway 2/20 White Pavement Marking 4,625 SF $ 0.65 $ 3,006.25
P-620-B.II.I Runway 2/20 Black Pavement Marking 2,175 SF $ 0.50 $ 1,087.50
Project Description: Runway 9/27 Rubber Removal, Marking Cleaning, & Marking Re-Stripe with New Black Outline; Remove &
Replace Taxiway P Markings, Runway 2/20 Markings, Surface Painted Hold Position Sign Adjustments
Hi-Lite Airfield Services, LLC Bid Date: 07/05/24
4816 Lena Road
Bradenton, FL 34211
Proposal #: 23-17266-P
Project Reference: Sourcewell Contract # 110122-HLA
Completion Date: 12/29/24
Attn: Eugene Bolanowski Phone: (941) 713-2155
Project County:
City/State: Hagerstown, MD
Item# Description Qty Unit $ / Unit Price
Total: $ 166,359.00
HI-LITE AIRFIELD SERVICES, LLC
4816 Lena Road
Bradenton, FL 34211
315.583.6111
www.hi-lite.com
Remarks:
Price Includes: (1) Mobilization for Pavement Markings and Marking removal, rubber removal, and surface preparation
***Any additional mobilizations will be charged at $3,720 per occurrence***
Pricing per Sourcewell Contract # 110122-HLA
•Price assumes all pavement marking (with the exception of Taxiway Papa markings) to be re-stripe in existing locations.
•Quoted quantities are estimates only. Actual quantities will be field measured and verified for invoicing
•No surface preparation will be performed outside Hi-Lite's scope of work (including but not limited to: grass removal, curing compound
removal, FOD removal from other's activities etc.). Hi-Lite will not be responsible for cleaning other contractor's/construction debris
•All barricades, traffic control, airfield escorts, set up, and tear down provided by owner
•All work must be performed in dry weather, with acceptable temperatures, if our warranty is to be in effect
•Stand-by time caused by others will be billed at $500/hour
•Hi-Lite will not be liable for any liquidated damages due to time constraints caused by others
•Minimum of 10 days’ notice required for scheduling
•Any changes to the Scope provided herein that affects Hi -Lite’s work will require a reevaluation of the price
•Retainage not to exceed Owner’s retention or a maximum of 5%, whichever is less
•If a Payment and Performance Bond is requested, add 2% to the total price
•Upon request to Contractor, Contractor shall provide Owner-approved payment applications as basis to calculate unit-price line items
that relate to Hi-Lite’s work
•Hi-Lite will not be signatory to any Union or sign any PLA for the project. Further Hi -Lite will not be bound to any agreements between
any Union and the owner
•This propsal shall remain valid until August 1, 2024. If a purchase order is not issued by that date, Hi -Lite will reserve the right to re-
quote this project
Note: This Quote/Proposal is Only Valid in its Entirety And Prices Are Valid Until August 1, 2024. If you need further
information please contact: P.J. Mills, VP of Marketing & Business Development - (941) 713-2155, pj.mills@hi-lite.com
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
We Propose Hereby To Furnish Material and Labor in Accordance with Above Specifications For the Above Sum. Prices May Vary Sl ightly to Suit your Project’s
Particular Needs Such as Number of Mobilizations and Traffic Control. Acceptance Of This Proposal Is Only Valid in its Entirety. Note: This Proposal is Valid for 30
Days.
Date:______________________ Signature:______________________________________________________________________
Christopher J. Miller, President
Acceptance Of Proposal – The Above Prices, Specifications and Conditions Are Satisfactory and Hereby Accepted. You Are Authorized To Do The Work As
Specified.
Date:______________________ Signature:______________________________________________________________________
_________________________________________________________________________________
Page 1 of 2
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0146] Pavement Marking
Materials and Services for the Hagerstown Regional Airport)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), §1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”), “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of §1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Hagerstown Regional Airport is requesting to purchase Pavement Marking materials
and services required for the following project description: Runway 9/27 rubber removal,
marking cleaning, and marking re-stripe with new black outline; removing and replacing taxiway
P marking, runway 2/20 markings, and surface painted hold position sign adjustments for the
Hagerstown Regional Airport from Hi-Lite Airfield Services, LLC, of Bradenton, Florida for the
total sum of $166,359, and to utilize the use of another jurisdiction’s contract that was awarded
by Sourcewell (Contract #110122-HLA).
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economy of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to §1-106.3 of the Public
Local Laws, that the Hagerstown Regional Airport is hereby authorized to purchase Pavement
Marking materials and services required for the aforementioned projects from Hi-Lite Airfield
Services, LLC, of Bradenton, Florida for the total sum of $166,359, and to utilize another
jurisdiction’s contract that was awarded by Sourcewell (Contract #110122-HLA).
Adopted and effective this ____ day of July, 2024.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County Clerk John F. Barr, President
Approved as to form
and legal sufficiency: Mail to:
Office of the County Attorney
______________________________ 100 W. Washington Street, Suite 1101
Zachary J. Kieffer Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Airport seeks competitive FAA grant under the Bipartisan Infrastructure Law BIL-
ATP. Project to provide 4,800sf of east side expansion space in the "landside" portions of the
terminal.
PRESENTATION DATE: July 23rd, 2024
PRESENTATION BY: Neil Doran, Airport Director, Andrew Eshleman, Director of Public
Works.
RECOMMENDED MOTION(S):
• Move to authorize use of $180,556.00 in Airport Capitol Improvement Reserve funds for
the 5% local match share of this project.
• Move to empower the Airport Director to sign an FAA and MAA grant applications,
Maryland State Clearinghouse documents and any other related paperwork associated
with the Terminal East Expansion project.
• Move to empower the Airport Director to accept the grant offer(s) related to the Terminal
East Expansion project from the Federal Aviation Administration and Maryland Aviation
Administration if awarded in the future.
REPORT-IN-BRIEF: This is a resubmission of a requested grant from 2022 and 2023 that
HGR was not awarded. Background: New TSA baggage screening equipment requires allocation
of two of the four available ticketing offices. One other is used by Allegiant airlines. This
terminal expansion project will address capacity constraint with enlarged passenger queuing area
along with space for potential new entrant airlines in the form of additional ticket counters,
offices and related ground crew equipment storage and support space. Includes replacement of
lobby signage and other amenities.
DISCUSSION: Staff recommends approval. With BOCC concurrence, signatures by Mr.
Kieffer and Mr. Doran would complete the FAA and MAA documents. Grant submissions are
due 07/31/2024.
FISCAL IMPACT:
• FAA 95% share. MAA 2.5% share anticipated but not yet awarded. Local Match 2.5%
(Airport Fund). Annual estimate on on-going operating costs: $20,000. BLD115 Project
"Terminal Building Expansion Project" in CIP2024-2033. Annual estimate on on-going
operating costs: $20,000. Will be absorbed by the Airport's Operational Budget.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FAA $6,861,111.00 (95%)
Maryland Aviation Admin (State Match) $180,556.00 (2.5%)
Airport Capital Reserve Fund/BOCC $180,556.00 (2.5%)
Total $7,222,223.00
CONCURRENCES: Michelle Gordon, County Administrator; Kelcee Mace, CFO; Andrew
Eshleman, Director of Public Works.
ALTERNATIVES: Airport does not apply for available federal funding for improving and
expanding capacity at small, non-hub airport terminals. HGR would then continue to lack the
ticket counters, offices, ground crew break rooms, equipment storage, and other areas required to
realistically accommodate the space needs of new entrant air carriers that may be interested in
serving Hagerstown. Can only offer approximately 120 sf of office/storage space currently to
interested airlines.
ATTACHMENTS: Drawing of proposed terminal expansion.
AUDIO/VISUAL TO BE USED: N/A.
Open Session Item
SUBJECT: Airport seeks competitive FAA grant under the Bipartisan Infrastructure Law BIL-
ATP. Project to provide 4,800sf of east side expansion space in the "landside" portions of the
terminal.
PRESENTATION DATE: October 10th, 2023
PRESENTATION BY: Neil Doran, Airport Director, Andrew Eshleman, Director of Public
Works.
RECOMMENDED MOTION(S):
• Move to authorize use of $180,556.00 in Airport Capitol Improvement Reserve funds for
the 5% local match share of this project.
• Move to empower the Airport Director to sign an FAA and MAA grant applications,
Maryland State Clearinghouse documents and any other related paperwork associated
with the Terminal East Expansion project.
• Move to empower the Airport Director to accept the grant offer(s) related to the Terminal
East Expansion project from the Federal Aviation Administration and Maryland Aviation
Administration if awarded in the future.
REPORT-IN-BRIEF: This is a resubmission of a requested grant from 2022 that HGR was not
awarded. Background: New TSA baggage screening equipment requires allocation of two of the
four available ticketing offices. One other is used by Allegiant airlines. This terminal expansion
project will address capacity constraint with enlarged passenger queuing area along with space
for potential new entrant airlines in the form of additional ticket counters, offices and related
ground crew equipment storage and support space. Includes replacement of lobby signage and
other amenities.
DISCUSSION: Staff recommends approval. With BOCC concurrence, signatures by Mr.
Downey and Mr. Doran would complete the FAA and MAA documents.
FISCAL IMPACT:
• FAA 95% share. MAA 2.5% share anticipated but not yet awarded. Local Match 2.5%
(Airport Fund). Annual estimate on on-going operating costs: $20,000. BLD115 Project
"Terminal Building Expansion Project" in CIP2024-2033. Annual estimate on on-going
operating costs: $20,000. Will be absorbed by the Airport's Operational Budget.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FAA $6,861,111.00 (95%)
Maryland Aviation Admin (State Match) $180,556.00 (2.5%)
Airport Capital Reserve Fund/BOCC $180,556.00 (2.5%)
Total $7,222,223.00
CONCURRENCES:
ALTERNATIVES: Airport does not apply for available federal funding for improving and
expanding capacity at small, non-hub airport terminals. HGR would then continue to lack the
ticket counters, offices, ground crew break rooms, equipment storage, and other areas required to
realistically accommodate the space needs of new entrant air carriers that may be interested in
serving Hagerstown.
ATTACHMENTS: Drawing of proposed terminal expansion.
AUDIO/VISUAL TO BE USED: N/A.
Open Session Item
SUBJECT: 2024 Housing Bond Allocation Transfer
PRESENTATION DATE: July 23, 2024
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Move to approve the transfer of Washington County’s 2024
Housing Bond Allocation in the amount of $6,807,063.00 to the Community Development
Administration for use in issuing housing bonds on behalf of Washington County.
REPORT-IN-BRIEF: Each year the State of Maryland invites local governments to partner in
a statewide bond pool for first time homebuyers. The pool allows counties to transfer their
housing bond allocation to the State to issue bonds to fund housing programs. Washington
County has traditionally used this allocation to participate in the Maryland Mortgage Program
(MMP).
DISCUSSION: Washington County has been transferring its housing bond allocation to the
Community Development Administration (CDA) annually since at least 2007. Income limits for
MMP participants in FY 2024 were between $124,500 and $174,300 depending on family size.
The MD DHCD reports purchasing activity in Washington County as 64 units in 2021
($11,650,118), 64 units in 2022 ($11,771,075) and 62 units ($13,794,610) in 2023. Targeted
areas in Washington County are within Hagerstown city limits.
FISCAL IMPACT: No cost to Washington County
CONCURRENCES: n/a
ALTERNATIVES: If there is no transfer there will be less money available to make housing
loans to Washington County applicants from the Maryland Mortgage Program.
ATTACHMENTS: Letter to MD Department of Housing and Community Development
AUDIO/VISUAL NEEDS: n/a
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING | LAND PRESERVATION | FOREST CONSERVATION | GIS
WWW.WASHCO-MD.NET
100 West Washington Street , Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1
July 27, 2024
Kamili Jamal Brown
Single Family Housing
Community Development Administration
Department of Housing & Community Development
7800 Harkins Road, Room 367
Lanham, Maryland, 20706
Dear Mr. Brown:
Pursuant to Sections 13-801 through 13-807 of the Financial Institutions Article of the Maryland
Annotated Code, Washington County hereby irrevocably transfers to the Community Development
Administration, for use in issuing housing bonds or mortgage credit certificates on behalf of this
jurisdiction, 100% of its total $6,807,063 tax-exempt housing bond allocation as set forth in 2024
allocation of the Maryland State Ceiling made by the Secretary of Commerce pursuant to the Article.
Sincerely,
John F. Barr, Chairperson
Board of County Commissioners of Washington County,
Maryland
Certificate of Counsel
This transfer of a tax-exempt bond allocation is duly authorized and executed and constitutes the valid,
binding and irrevocable act of Washington County, Maryland.
Zachary Kieffer, County Attorney
Washington County, Maryland
Open Session Item
SUBJECT: Washington County Historic District Commission – Amendment of Bylaws
PRESENTATION DATE: July 23, 2024
PRESENTATION BY: Aaron R. Weiss, Assistant County Attorney
Meghan Jenkins, Historic District Commission
RECOMMENDED MOTION: Move to amend and restate the Bylaws of the Washington
County Historic District Commission.
REPORT-IN-BRIEF: A revision to the Bylaws of the Washington County Historic District
Commission was requested by the members of the Historic District Commission.
DISCUSSION: The current Bylaws of the Commission do not clarify that an eighth (8th)
member shall sit in an ex officio capacity, and that the ex officio member lacks the power to vote and
cannot count towards a quorum. New language has been proposed to Article III Section 1 to clarify
the existence and role of the ex officio member. The current Bylaws also do not mention or permit
video conferences. New language has been proposed in Article VI Section 5 to allow for regular or
special meetings to occur by video conference, provided that inclement weather or other circumstances
make meeting in person impractical or unsafe. Article VI Section 5 requires sufficient notice to be
provided to the public to allow for participation and observation, and any virtual meeting must be
documented in the Minutes of the next regularly scheduled meeting. Article VI Section 5 comports
with other commissions and committee bylaws that permit virtual meetings under similar
circumstances. Additionally, Article IX clarifies that the Board of County Commissioners has final
authority to approve amendments to these Bylaws. Finally, minor grammatical edits and an update to
the appropriate Land Use Article section are included in this amendment. Amendments to the Bylaws
are in the sole discretion of the Board of County Commissioners.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ATTACHMENTS: Amended and Restated Bylaws with Track Changes
Amended and Restated Bylaws Clean Draft
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
HISTORIC DISTRICT COMMISSION
OF WASHINGTON COUNTY
BY-LAWS
ARTICLE I Name of Commission
The name of this organization shall be The Historic District Commission of
Washington County, hereinafter referred to as the Commission.
ARTICLE II Authorization
The authorization for the establishment of this organization is set forth in
Md Code (2012), § 8-201 of the Land Use Article (“LU”).
ARTICLE III Membership
Section 1 The Commission shall consist of seven (7) members, appointed by the
Board of County Commissioners of Washington County. In addition to
these seven (7) members, a member of the Board of County Commissioners
shall serve as an eighth (8th) member of the Historic District Commission
in an ex officio capacity concurrent with that member’s Board of County
Commissioners official term. The ex officio member does not count
towards a quorum, and the member similarly lacks voting rights.
Section 2 The term of each member shall be three (3) years, or until a successor takes
office. The composition of the Commission shall be as specified in Article
20.1 (b) of the Zoning Ordinance.
Section 3 Members may, after a public hearing, be removed by the local legislative
body for inefficiency, neglect of duty, or malfeasance in office. Vacancies
occurring otherwise than through the expiration of term shall be filled for
the unexpired term by the local legislative body.
Section 4 All members of the Commission shall reside in Washington County.
Section 5 Each member of the Commission shall be entitled to one (1) vote.
Section 6 All members shall serve with such compensation as the local legislative
body deems appropriate.
ARTICLE IV Officers
Section 1 The Commission shall elect a Chairman and a Vice-Chairman from the
appointed members of the Commission and may create and fill such other
offices as it deems appropriate.
Section 2 The term of the Chairman shall be for one (1) year, with eligibility for re-
election for no more than two (2) additional terms.
Section 3 The Chairman shall preside at all meetings and hearings of the Commission
and shall have the duties normally conferred by parliamentary procedure.
Section 4 The Vice-Chairman shall act for the Chairman in his absence.
ARTICLE V Election of Officers
Section 1 At the regular meeting in December of each year, the
Commission shall elect from its membership a Chairman and a Vice-
Chairman, and these elected persons shall take office at the regular meeting
in January.
Section 2 Nominations shall be made from the floor of the annual organizational
meeting and election of officers shall immediately follow.
Section 3 A candidate receiving a majority vote of the entire membership of the
Commission shall be declared elected and shall serve for one (1) year or
until his successor shall take office.
Section 4 Vacancies in office shall be filled by the adopted election procedure at the
first regular meeting of the Commission following notification of the
vacancy.
ARTICLE VI Meetings
Section 1 Regular meetings shall be held on the first Wednesday of each month at
7:00 p.m. or at such other time as deemed appropriate by the Commission.
In the event of a conflict with holidays or other events, a majority vote shall
determine the alternate meeting date.
Section 2 A quorum shall consist of four (4) members of the Commission. A motion
to approve any matter before the Commission, or to recommend approval
of any request requiring action by the Board of County Commissioners,
shall require affirmative votes of a majority of those present and voting.
Whenever a quorum is not present at a regular or special meeting, those
present may adjourn the meeting or may hold the meeting to discuss the
matters on the agenda without taking any action on those or other matters.
This section shall apply to public hearings as well as to all meetings.
Section 3 A member shall be disqualified from any matter under consideration by the
Commission that may affect that member’s personal or financial interest. A
member may announce disqualification when an applicant, either directly
or through another party, has privately sought to influence that member’s
action in a matter before the Commission.
Section 4 Special meetings may be called by the Chairman with concurrence of the
majority of the Commission. It shall be the duty of the Chairman to call a
special meeting, when requested to do so by a majority of the Commission.
The Chairman shall notify all members of the Commission three (3) days in
advance of such special meeting. Special meetings shall be held at such
times and places as determined by a majority of the members.
Section 5 Both Regular and Special meetings may occur by video conference,
available and accessible to the public and in accordance with the following
provisions, herein. Such meetings are permissible where the Chairman
deems inclement weather or other circumstances make meeting in person
impractical or unsafe. In such circumstances, the Commission must
provide sufficient notice to the public that the next-scheduled meeting will
occur by video conference, to allow public participation and observation. .
If a meeting is held virtually, the contents of such a meeting must be
documented in the Minutes of the next regularly scheduled meeting.
Section 6 All meetings or portions of meetings at which official action is taken shall
be open to the general public.
Section 7 Unless otherwise specified, Robert’s Rules of Order shall govern the
proceedings at the meetings of the Commission.
Section 8 Any provision of these rules not governed by State or County law may be
temporarily suspended by a favorable two-thirds vote of all members of the
Commission, which vote shall be entered in the minutes.
Article VII Order of Business
Section 1 An agenda shall be prepared and shall be approved by the Chairman for all
regular meetings. The agenda, along with any supporting documents, shall
be sent to all Commission members by no later than the Thursday
preceding the regular Wednesday meeting. Agendas for special meetings
shall be prepared as deemed necessary by the Commission.
Section 2 The order of business, set forth on the agenda, shall be:
A. Call to Order
B. Roll Call
C. Reading of the Minutes of the previous meetings and action
thereof
D. New Business
E. Unfinished Business
F. Other Business
G. Communications and bills
H. Reports
I. Adjournment
Section 3 A motion from the floor must be made and passed in order to dispense with
any item on the agenda.
ARTICLE VIII Hearings
Section 1 In addition to those required by law, the Commission may hold public
hearings when it finds that they will be in the public interest.
Section 2 Notice of the time and place of such hearings on matters of general public
interest shall be published once a week for two consecutive weeks in at least
one newspaper of general circulation in Washington County, but not earlier
than three weeks prior to the hearing. For matters of limited public interest,
notice shall be given in such manner as deemed appropriate by the
Commission.
Section 3 The matter before the Commission shall be presented in summary by a
member of the staff and parties of interest shall have the right to be heard.
Section 4 A record shall be kept of those speaking before the Commission at such
hearings and a transcript or recording of all comments shall be made.
ARTICLE IX Amendments
Proposed amendments to these bylaws may be made by a majority vote of
the entire membership of the Commission provided such amendments are
proposed at a prior meeting and made available to all Commission
members, in writing, at least three days prior to the meeting at which it is
to be considered. Final approval of amendments to these bylaws requires
resolution from the Board of County Commissioners.
ARTICLE X Recordation
A copy of these By-laws and any amendments thereto shall be filed in the
Office of the Clerk of the Circuit Court for Washington County within ten
(10) days following the date of adoption.
ARTICLE XI Repealing Clause
All previously adopted By-laws and all amendments thereto are, upon
adoption of these By-laws, repealed.
Restated with amendments, this ________ day of July 2024
ATTEST:
__________________________________ __________________________________
Dawn L. Marcus, County Clerk John F. Barr, President
Board of County Commissioners of
Washington County, Maryland
HISTORIC DISTRICT COMMISSION
OF WASHINGTON COUNTY
BY-LAWS
ARTICLE I Name of Commission
The name of this organization shall be The Historic District Commission of
Washington County, hereinafter referred to as the Commission.
ARTICLE II Authorization
The authorization for the establishment of this organization is set forth in
Md Code (2012), § 8-201 of the Land Use Article (“LU”).
ARTICLE III Membership
Section 1 The Commission shall consist of seven (7) members, appointed by the
Board of County Commissioners of Washington County. In addition to
these seven (7) members, a member of the Board of County Commissioners
shall serve as an eighth (8th) member of the Historic District Commission
in an ex officio capacity concurrent with that member’s Board of County
Commissioners official term. The ex officio member does not count
towards a quorum, and the member similarly lacks voting rights.
Section 2 The term of each member shall be three (3) years, or until a successor takes
office. The composition of the Commission shall be as specified in Article
20.1 (b) of the Zoning Ordinance.
Section 3 Members may, after a public hearing, be removed by the local legislative
body for inefficiency, neglect of duty, or malfeasance in office. Vacancies
occurring otherwise than through the expiration of term shall be filled for
the unexpired term by the local legislative body.
Section 4 All members of the Commission shall reside in Washington County.
Section 5 Each member of the Commission shall be entitled to one (1) vote.
Section 6 All members shall serve with such compensation as the local legislative
body deems appropriate.
ARTICLE IV Officers
Section 1 The Commission shall elect a Chairman and a Vice-Chairman from the
appointed members of the Commission and may create and fill such other
offices as it deems appropriate.
Section 2 The term of the Chairman shall be for one (1) year, with eligibility for re-
election for no more than two (2) additional terms.
Section 3 The Chairman shall preside at all meetings and hearings of the Commission
and shall have the duties normally conferred by parliamentary procedure.
Section 4 The Vice-Chairman shall act for the Chairman in his absence.
ARTICLE V Election of Officers
Section 1 At the regular meeting in December of each year, the Commission shall
elect from its membership a Chairman and a Vice-Chairman, and these
elected persons shall take office at the regular meeting in January.
Section 2 Nominations shall be made from the floor of the annual organizational
meeting and election of officers shall immediately follow.
Section 3 A candidate receiving a majority vote of the entire membership of the
Commission shall be declared elected and shall serve for one (1) year or
until his successor shall take office.
Section 4 Vacancies in office shall be filled by the adopted election procedure at the
first regular meeting of the Commission following notification of the
vacancy.
ARTICLE VI Meetings
Section 1 Regular meetings shall be held on the first Wednesday of each month at
7:00 p.m. or at such other time as deemed appropriate by the Commission.
In the event of a conflict with holidays or other events, a majority vote shall
determine the alternate meeting date.
Section 2 A quorum shall consist of four (4) members of the Commission. A motion
to approve any matter before the Commission, or to recommend approval
of any request requiring action by the Board of County Commissioners,
shall require affirmative votes of a majority of those present and voting.
Whenever a quorum is not present at a regular or special meeting, those
present may adjourn the meeting or may hold the meeting to discuss the
matters on the agenda without taking any action on those or other matters.
This section shall apply to public hearings as well as to all meetings.
Section 3 A member shall be disqualified from any matter under consideration by the
Commission that may affect that member’s personal or financial interest. A
member may announce disqualification when an applicant, either directly
or through another party, has privately sought to influence that member’s
action in a matter before the Commission.
Section 4 Special meetings may be called by the Chairman with concurrence of the
majority of the Commission. It shall be the duty of the Chairman to call a
special meeting, when requested to do so by a majority of the Commission.
The Chairman shall notify all members of the Commission three (3) days in
advance of such special meeting. Special meetings shall be held at such
times and places as determined by a majority of the members.
Section 5 Both Regular and Special meetings may occur by video conference,
available and accessible to the public and in accordance with the following
provisions, herein. Such meetings are permissible where the Chairman
deems inclement weather or other circumstances make meeting in person
impractical or unsafe. In such circumstances, the Commission must
provide sufficient notice to the public that the next-scheduled meeting will
occur by video conference, to allow public participation and observation. If
a meeting is held virtually, the contents of such a meeting must be
documented in the Minutes of the next regularly scheduled meeting.
Section 6 All meetings or portions of meetings at which official action is taken shall
be open to the general public.
Section 7 Unless otherwise specified, Robert’s Rules of Order shall govern the
proceedings at the meetings of the Commission.
Section 8 Any provision of these rules not governed by State or County law may be
temporarily suspended by a favorable two-thirds vote of all members of the
Commission, which vote shall be entered in the minutes.
Article VII Order of Business
Section 1 An agenda shall be prepared and shall be approved by the Chairman for all
regular meetings. The agenda, along with any supporting documents, shall
be sent to all Commission members by no later than the Thursday
preceding the regular Wednesday meeting. Agendas for special meetings
shall be prepared as deemed necessary by the Commission.
Section 2 The order of business, set forth on the agenda, shall be:
A. Call to Order
B. Roll Call
C. Reading of the Minutes of the previous meetings and action
thereof
D. New Business
E. Unfinished Business
F. Other Business
G. Communications and bills
H. Reports
I. Adjournment
Section 3 A motion from the floor must be made and passed in order to dispense with
any item on the agenda.
ARTICLE VIII Hearings
Section 1 In addition to those required by law, the Commission may hold public
hearings when it finds that they will be in the public interest.
Section 2 Notice of the time and place of such hearings on matters of general public
interest shall be published once a week for two consecutive weeks in at least
one newspaper of general circulation in Washington County, but not earlier
than three weeks prior to the hearing. For matters of limited public interest,
notice shall be given in such manner as deemed appropriate by the
Commission.
Section 3 The matter before the Commission shall be presented in summary by a
member of the staff and parties of interest shall have the right to be heard.
Section 4 A record shall be kept of those speaking before the Commission at such
hearings and a transcript or recording of all comments shall be made.
ARTICLE IX Amendments
Proposed amendments to these bylaws may be made by a majority vote of
the entire membership of the Commission provided such amendments are
proposed at a prior meeting and made available to all Commission
members, in writing, at least three days prior to the meeting at which it is
to be considered. Final approval of amendments to these bylaws requires
resolution from the Board of County Commissioners.
ARTICLE X Recordation
A copy of these By-laws and any amendments thereto shall be filed in the
Office of the Clerk of the Circuit Court for Washington County within ten
(10) days following the date of adoption.
ARTICLE XI Repealing Clause
All previously adopted By-laws and all amendments thereto are, upon
adoption of these By-laws, repealed.
Restated with amendments, this ________ day of July 2024
ATTEST:
__________________________________ __________________________________
Dawn L. Marcus, County Clerk John F. Barr, President
Board of County Commissioners of
Washington County, Maryland