You are on page 1of 109

KELLY MADIGAN STEVE QUISENBERRY

Inspector General Deputy Inspector General

Office of the Inspector General


______________________________

January 4, 2022

Stacy L. Rodgers
County Administrative Officer
400 Washington Avenue
Towson, Maryland 21204

Re: OIG External Report 20-013

The mission of the Office of the Inspector General (“the Office”) is to provide increased
accountability and oversight in the operations of the Baltimore County government (“the County”)
by identifying fraud, abuse, and illegal acts, while also striving to find ways to promote efficiency,
accountability, and integrity.

The Office received a complaint alleging development-related fees were improperly


waived by the County for the Metro Centre at Owings Mills project located in Owings Mills,
Maryland (“the Project”). The complaint alleged the beneficiary of the waiver was Owings Mills
Transit LLC of which the primary member is David S. Brown Enterprises (“the Developer”). In
response to the complaint, the Office initiated an investigation into the Project. The investigation
included witness interviews and a review of various records. The records included legal
agreements, development files, permits, permit-related documentation, public works agreements,
environmental agreements, the County Code, and email communications.

The Office’s investigation found that from 2005 to 2010, the County appropriately
collected performance securities, inspection fees, permit fees, and other development-related fees
(collectively “Securities and Fees”) on the Project in accordance with the County Code and the
Project’s legal documents. However, beginning in 2011 when Arnold Jablon (“Jablon”) became
the Director of the County’s Department of Permits, Approvals, and Inspections (PAI), Securities
and Fees generally stopped being collected at his direction. Based on the size and scope of the
Project, the total Securities and Fees waived by Jablon are estimated to be in the millions of dollars.
According to the County Code, performance securities cannot be waived, and the County
Administrative Officer (CAO) has sole authority to establish or change fees, which would include
waiving fees. In the case of the Project, the Office found no evidence the CAO authorized a waiver
of fees until a letter dated September 21, 2021 was issued by the CAO to the Developer. Also,
there are no references in any of the Project’s legal documents to the waiver of Securities and Fees.

_________________________________
400 Washington Avenue | Towson, Maryland 21204 | Phone 410-887-6500 | Fax 410-832-8544
www.baltimorecountymd.gov
Further, the Office identified certain benefits the Developer appeared to give Jablon while Jablon
served as Director of PAI.

I. Background on the Project

The Project is a $220 million mixed-use development located on a large parcel of land
owned by the State of Maryland (“the State”) near the Owings Mills Metro Station in Owings
Mills, Maryland. The Project consists of residential units, commercial office space, retail space, a
hotel, parking garages, a branch of the Baltimore County Public Library, and a building for the
Community College of Baltimore County Owings Mills satellite campus.

According to media reports, the concept for the Project dates back to the 1990’s. In or
about 2000, the State and the County committed several million dollars towards planning and
infrastructure costs for the Project. In 2005, the development plan for the Project was approved
by the County and a master development agreement (“the Agreement”) was formalized. Pursuant
to the Agreement, the Developer entered into a long-term lease arrangement with the State for the
above-referenced land for the purpose of developing the Project. For a variety of reasons, the only
structure built between approximately 2005 and 2011 was a parking garage. Since 2011, various
other buildings have been constructed, with the most recent being the hotel, which opened on or
about December 1, 2021.

During the course of the Project, various legislation was enacted by the State and the
County to provide financial benefits to the Project to help fund related infrastructure costs. This
included designating the Project as a Transit-Oriented Development, 1 qualifying the Project for
0F

tax-increment financing, and creating a special taxing district for the Project.

II. The Agreement and Related Amendments

On June 8, 2005, the Agreement was executed by the County. The Agreement was with
the Maryland Department of Transportation’s Maryland Transit Administration (MTA) and the
Developer. Due to the complexity of the Project, the Agreement was extensive, consisting of 81
pages and numerous exhibits. There were also two Amendments to the Agreement executed by
the County and the other parties on or about June 27, 2011 and March 18, 2014. The terms of the

1
A Transit-Oriented Development is defined in Section 7-101(m) of the Transportation Article of the Annotated
Code of Maryland as a mix of private or public parking facilities, commercial and residential structures, and uses,
improvements, and facilities customarily appurtenant to such facilities and uses, that: (1) Is part of a deliberate
development plan or strategy involving: (i) Property that is adjacent to the passenger boarding and alighting location
of a planned or existing transit station; or (ii) Property, any part of which is located within one–half mile of the
passenger boarding and alighting location of a planned or existing transit station; (2) Is planned to maximize the use
of transit, walking, and bicycling by residents and employees; and (3) Is designated as a transit–oriented
development by: (i) The Secretary, after considering a recommendation of the Smart Growth Subcabinet established
under § 9–1406 of the State Government Article; and (ii) The local government or multicounty agency with land use
and planning responsibility for the relevant area.

2
Agreement and subsequent Amendments were heavily negotiated by all parties and approved for
legal form and sufficiency by the County’s Office of Law prior to execution. Pursuant to the
investigation, the Office reviewed the Agreement and Amendments and found no reference to a
waiver of Securities and Fees for the Project. The relevant language in the Agreement for purposes
of this report is as follows:

1.5 Development and Operational Costs. Except for those amounts expressly
set forth below or elsewhere in this Agreement, Developer shall be responsible for
all development and operating costs and expenses related to the Project, including
but not limited to all utility costs incurred in constructing any Improvements, any
pre-development costs (such as costs related to Development Approvals) and all
costs associated with installing, operating and maintaining any and all Developer
Improvements. Developer acknowledges and agrees that it is responsible for all
costs of completion of the Garage Project[,] the Base Infrastructure and the County
Facility that exceed public funds.

2.4 Developer’s Responsibility for Obtaining the Development Approvals.


Developer shall have sole responsibility for seeking and obtaining the Development
Approvals consistent with the provisions of this Agreement (using its commercially
reasonable efforts) and for paying all costs and expenses relating thereto. In
connection with Developer’s efforts to obtain the Development Approvals, MTA
and County shall cooperate in facilitating the Development Review Process and
lend all reasonable cooperation and assistance to Developer, but at no material
additional cost or expense to MTA or County. MTA and County agree to consent
to any Site Plan, subdivison, or other Government Entity approvals or licenses
which affect or pertain to the uses to which the Development Property or any part
thereof may be devoted; provided the same are consistent with and do not consistute
a Material Change to the Concept plan and the Proposed Development plan and any
additional elements required by the terms of this Agreement, and provided that such
applications are in accordance with the Concept plan, the Proposed Development
plan and the requirements of this Agreement. From time to time, upon Developer’s
request, but at no material additional cost of expense to MTA, MTA, as owner of
the Development Property, shall join in or be the applicant under applications for
any such Development Approvals, Site Plan, subdivision, or other approvals,
provided that such applications are in accordance with the approved Submittals and
the requirements of this Agreement.

3.6 County Facility; Bonds. The County Facility will be constructed by


Developer in accordance with the provisions of the County Facility Memorandum
of Understanding attached hereto as Exhibit 5.3.1.4, and the County Facility Design
and Construction Agreement to be entered into between Developer and County
pursuant to the terms of the County Facility Memorandum of Understanding.
Developer will provide (or cause its contractors to provide) one or more Payment
and Performance Bonds or Letters of Credit (“Security”) covering 100% of the hard
costs of the County Facility. The Security must be in place prior to the issuance of

3
building permits. County shall have final approval of any bonding company or
banking institution issuing the Security.

23.17 Gratuities. The parties acknowledge that, in connection with the


performance of this Agreement, the giving of or offering to give gratuities (in the
form of entertainment, gifts or otherwise) by Developer, or any agent,
representative or other person acting on behalf of Developer or by any supplier or
subcontractor furnishing material to or performing work for Developer under this
Agreement, or any agent, representative or other person acting on behalf of such
supplier or subcontractor, to any director, officer or employee of MTA or County,
or to any director, officer, employee or agent of any of MTA’s or County’s
respective agents, consultants or representatives, with a view toward securing an
agreement or securing favorable treatment with respect to the awarding or
amending, or the making of any determination with respect to performance under
this Agreement, is expressly forbidden by law. The parties acknowledge that the
terms of this Section 23.17 shall be strictly construed and enforced against the
offending person or entity in the event of violation of law.

25.1.1.46 Development Approvals means all land use and other approvals,
consents, licenses and permits necessary for development and construction of the
Project on the Development Property, including by way of example and not
limitation, those pertaining to zoning, subdivision, site plan, building, construction,
environmental matters, grading, stormwater management, utilities, infrastructure
and transportation.

III. Applicable Sections of the County Code

Performance securities are the amounts of money pledged by a developer to provide


assurance that it will complete a project. If the developer fulfills its obligations under a project,
the performance securities are returned. Also, as will be discussed in more detail below, the
County charges the developer fees at various stages of a project. The Baltimore County Code has
specific sections addressing these fees and securities, the rules governing the reduction of security,
and the use of securities by the County when there is nonperformance under a contract. The
relevant sections of the Code are set forth below followed by how those sections pertain to the
Project:

3-1-202 - FEES - AUTHORITY TO ESTABLISH

(a) Scope. This section does not apply to: (1) A tax; (2) A franchise fee, the amount
of which is provided for in the Code; or (3) The charges or fees authorized in
connection with a cable system under Article 25 of the Code.
(b) Establishment of fees. If a fee is authorized by the Code, but the amount of the
fee is not established by the Code, the County Administrative Officer [CAO]
may determine and establish the amount of a fee.

4
(c) Changing fees - Authority in general. Subject to subsection (d) of this section,
the County Administrative Officer may change the amount of any fee as the
County Administrative Officer considers appropriate.
(d) Same - Procedure for fee amounts established by the Code. (1) Notwithstanding
any other law, before changing a fee amount established in the Code, the County
Administrative Officer shall submit to the County Council the proposed change
in the amount of the fee and the reason for the change. (2) The proposed change
shall take effect 45 days after notification to the Council unless, within the 45-
day period, the Council objects to the proposed change. (3) If the Council
objects to a proposed change, any proposed change shall require legislative
approval.
(e) Posting. The County Administrative Officer may determine which of the fees
shall be posted and where they shall be posted.

32-4-312 - SECURITY

(a) In general. Any security required to be posted under this title shall be in a form
approved by the Office of Law and the Office of Budget and Finance.
(b) Amount of security. (1) Except as provided in paragraph (2) of this subsection,
the county shall require the applicant to provide a performance security in an
amount equal to 110% of the amount of the county approved cost estimate for
the completion of the improvements. (2) The county shall require an applicant
to provide a performance security for grading permits in an amount equal to
$.05 per square foot of land area to be disturbed, not to exceed $30,000.

32-4-313 - REDUCTION OF SECURITY

(a) In general. An applicant may apply for a reduction in performance security


posted in accordance with the right-of-way improvement and utility agreements
when: (1) The county has determined that 50% of the improvements required
under the right-of-way improvement or utility agreement have been completed;
and (2) The county has received the right-of-way instruments required
under §32-4-302 of this subtitle.
(b) Approval by county agencies; required. (1) The county may reduce the
performance security posted in accordance with the right-of-way improvement
and utility agreements after approval of the Directors of Permits, Approvals and
Inspections, Budget and Finance, and Public Works. (2)The county may reduce
the performance security posted for an environmental agreement after approval
of the Director of Budget and Finance and the Director of Environmental
Protection and Sustainability.
(c) Amount of reduction. The county may not reduce the performance security to
less than 10% of the original estimated cost of the improvements in the
environmental, right-of-way improvement, or utility agreements until the
developer has completed the improvements and the maintenance period to the
satisfaction of the county.

5
(d) Application for reduction by the applicant; notice. (1) Before performance
security that has been posted for improvements under a right-of-way
improvement or utility agreement is reduced, the applicant shall: (i) Apply to
have the performance security reduced; (ii) Provide to the county an affidavit,
in a form approved by the Office of Law, that the applicant has paid all persons
having a written contract with the applicant for work on improvements required
under the right-of-way improvement or utility agreement, and performed before
the date of the affidavit; and (iii) Provide to the county written
acknowledgments from all persons having a written contract with the applicant
for work on improvements required under the right-of-way improvement or
utility agreement, and performed before the date of the affidavit, confirming the
statements contained in the applicant's affidavit. (2)(i) After the applicant has
complied with the requirements of paragraph (1) of this subsection, the
Department of Permits, Approvals and Inspections shall post 30 days advance
written notice of the Department's intent to reduce the performance security.
(ii) The Department shall post the written notice in a prominent location in the
offices of the Department. (3) After the notice has been provided in accordance
with this subsection, the county may reduce the performance security.

32-4-309 – NONPERFORMANCE

(a) Notice of failure to complete. If an applicant fails to complete a public


improvement or private improvement, the agency responsible for inspection
and approval of the improvement shall, in writing: (1) Notify the applicant of
the failure to complete the public improvement or private improvement
required in an agreement with the county under this subtitle; and (2) Grant the
applicant a period of not less than 30 and not more than 120 days to complete
the public improvements or private improvements.
(b) Use of performance security upon failure to complete. (1) If the applicant has
failed to construct the public improvements or private improvements within
the time period authorized under subsection (a)(2) of this section, the county
may use the performance security posted by the applicant for the following
purposes: (i) To pay, in whole or in part, any final judgment obtained by a
person having a written contract with the applicant for work on improvements
required under an environmental, right-of-way improvement, or utility
agreement, and performed before the date of default in the construction of the
public improvements or private improvements; (ii) To complete the public
improvements or private improvements through the use of county forces or
through the engagement of private contractors, in accordance with subsection
(c) of this section; and (iii) To cover any additional costs, including the costs
of inspection, overhead, and other administrative and legal costs incurred by
the county, as a result of the applicant's default. (2) After the county has used
the performance security as provided for in this subsection, any proceeds
remaining from the performance security shall revert to the general fund of
the county.

6
(c) Completion of improvement by private contractor. (1) If the county elects to
engage a private contractor to complete the public improvements or private
improvements required in the environmental, right-of-way improvement, or
utility agreements, the county may award contracts for the completion of any
or all of the public improvements or private improvements through: (i) The
process of informal bidding as provided for in section 10-2-308 of the Code;
or (ii) The award of contracts to the private contractors hired by the applicant
before the failure to complete the improvements, in amounts not to exceed the
amount of the proceeds of the performance security. (2) The award of
completion contracts under this subsection is subject to the prior approval of
the Director of Budget and Finance. (3) The county shall provide notice of
award of contracts under this section to the County Council under section
902(f) of the Charter.

Based on section 3-1-202(c), the CAO has the sole power to change a fee. Further, section
3-1-202(d) states the CAO is required to notify the County Council of the proposed fee change
and the justification. While the Code does not specifically address fee waivers, the Office of Law
has recently opined that the changing of fees from their specified amounts to $0 (i.e. waiving fees)
requires the approval of the CAO and submission to the County Council in accordance with section
3-1-202. With regard to the Project, there is no evidence that either were done prior to September
21, 2021, as further discussed later in this report, nor is there evidence the County Council has
ever been notified of the waiver.

There is no provision in the County Code that allows performance securities on a


development project to be waived (see sections 32-4-312 and 32-4-313) as such securities are
needed by the County in the event of nonperformance (see section 32-4-309). The Code specifies
that performance securities on County projects are typically “110% of the amount of the county
approved cost estimate for the completion of the improvements” and such securities are not to be
reduced to “less than 10% of the original estimated cost of the improvements in the environmental,
right-of-way improvement, or utility agreements until the developer has completed the
improvements and the maintenance period to the satisfaction of the county.” Therefore, any waiver
of securities on the Project would appear to be in violation of the Code.

IV. The County’s Development Management Process

Land development in Baltimore County must be conducted in accordance with the County
Code and applicable state and federal laws. The land development process in Baltimore County
is overseen by Development Management, a division within PAI, through project managers.
Throughout the land development process, there are various costs imposed on the developer by
the County.

The initial phase of land development, sometimes referred to as the Planning Phase or
Phase 1, often begins with the submission of a concept plan to PAI. Once received, the concept
plan is distributed to various agencies within the County for comments. These agencies include
the Department of Environmental Protection and Sustainability, Department of Public Works and

7
Transportation, Department of Planning, and various groups within PAI such as the Development
Plans Review Bureau and Zoning Review. Once the concept plan is accepted by the County, a
concept plan conference and community input meeting are held whereby the developer can get
feedback on the proposed project from the County and the community. After the concept plan, the
developer is required to submit a more detailed plan to Development Management called a
development plan, which is also distributed to various agencies for comments. If necessary,
additional conferences with the County and community input meetings are held. Also,
administrative hearings may be required to address issues such as land use variances or special
exceptions.

Once the development plan has been approved by the County, the developer can begin
construction. This is typically referred to as the Construction Phase or Phase II. This phase
includes making improvements to infrastructure such as adding roads, water supplies, sewers, and
drains; implementing sediment control and stormwater management; constructing buildings and
other structures; and installing landscaping, lighting, and signage.

During the Construction Phase, the developer is required to submit various documents to
the County pertaining to site work, such as grading plans and stormwater management plans. Also,
various agreements between the developer and the County are formalized including public works
agreements, utility agreements, right-of-way agreements, and environmental agreements, all of
which require the developer to post securities to the County, in the form of cash, letters of credit,
or performance bonds. Along with the securities, inspection fees are charged to the developer by
the County to help offset the cost of inspecting the site work to ensure the improvements were
made, and that they were done to the County’s standards. Inspection fees are calculated at 8% of
the estimated costs of the infrastructure improvements 2 1F

Finally, all work performed by the developer requires permits approved by PAI to ensure
the project is in compliance with the County Code and other applicable standards. The County
charges fees for all permits to help offset the cost of the related inspections, which are performed
by County personnel. There are generally three categories of permits: building permits, electrical
permits, and plumbing permits. Building permits are the broadest category, encompassing a wide
range of construction-related work. Each category of permit has its own fee schedule and its own
dedicated group of County inspectors. Copies of the Baltimore County building permit, electrical
permit, and plumbing permit fee schedules are attached as Exhibits 1A, 1B, and 1C.

The final phase of a development project is referred to as the Closeout Phase or Phase III.
During the Closeout Phase, the County takes steps to ensure the developer has met certain
requirements under the project. Phase III is typically when any securities that were paid as part of
the project are returned to the developer.

2
The estimated costs exclude the following categories for purposes of inspection fee calculations: sidewalks,
mobilization, temporary traffic control, stakeout, landscaping, and streetlights.

8
V. The Project from 2005 to 2010

As noted earlier, the development management process for the Project began in 2005 with
the approval of a development plan and the signing of the Agreement. In or about September
2006, a public works agreement for the Project was signed by the Developer and representatives
from the County. A copy of the public works agreement is attached as Exhibit 2. For purposes
of this report, the relevant portions of the public works agreement are listed under the section titled
“Financial Arrangements” (items #5A and 5C) as follows:

Fees and Charges

The APPLICANT agrees to pay, by cash, cashier’s check or certified check, all
required fees and charges related to THE DEVELOPMENT, including but not
limited to, review fees, inspection fees, sewer and water charges, meter fees and
permit fees, in accordance with the executive orders, policies or regulations in
effect at the time the invoice for those charges is paid by the APPLICANT.

Performance Security

Where performance security is required by applicable law or regulation to be posted


with the COUNTY, APPLICANT shall deliver security when required in
accordance with Section 32-4-305 of the Baltimore County Code (Rev. 7/2004) in
the form of an irrevocable letter of credit, cash, or cashier’s check, and in the
amounts stated in any applicable EA [Environmental Agreement], RA [Right-of-
Way Improvement Agreement], or UA [Utility Agreement] related to the
DEVELOPMENT. If a letter of credit is used, it shall be in the form and contain
the essential terms required by the COUNTY. The APPLICANT is fully aware of
the provisions of Sections 32-4-309, 32-4-312, 32-4-313 of the Baltimore County
Code, (Rev. 7/2004) and acknowledges the COUNTY’s rights under those sections
with regard to any security posted.

Consistent with the language in the public works agreement referenced above and the
language in the Agreement referenced earlier in this report, Securities and Fees pertaining to the
Project were paid by the Developer to the County from the inception of the Project through 2010.
Beginning in 2011, under Jablon’s leadership within PAI, the collection of Securities and Fees for
the Project began to be waived as further detailed below. This is depicted in a timeline created by
the Office using information obtained during the course of the investigation. The timeline is
attached as Exhibit 3.

VI. The Project from 2011 to the Present

In January 2011, Jablon returned to the County as Director of PAI. Jablon had previously
worked for the County in other capacities, including County Attorney. In or about June 2011,
Securities and Fees for the Project began to be waived at the direction of Jablon and in one instance,

9
a security that had been properly collected by the County in or about December 2006 was returned
to the Developer with Jablon’s approval.

A. Performance Securities and Inspection Fees

The first documentation of the change under Jablon were handwritten notes on the margin
of a memo from an employee in Development Management to Matis/Warfield 3 concerning Utility 2F

Agreement #10143 and Right-of-Way Agreement #10144 for the Project. There are two versions
of the memo, attached as Exhibits 4A and 4B. On one version (Exhibit 4A), the words “waived
per AJ 6/14/11” and “waived per A Jablon 6/14/11” appear next to the sections concerning the
inspection fee (item #3) and securities (item #5) respectively. On the second version (Exhibit 4B),
the words “no fee” and “no fee collect per Arnold Jablon 6/14/11” appear next to the sections
concerning the inspection fee and securities respectively. The investigation showed the
handwritten notes were made on June 14, 2011 by the project manager from Development
Management in response to a directive from her supervisor who worked for Jablon.

On September 8, 2011 at 4:27 p.m., an email was sent from Jablon that was forwarded to
personnel in Development Management and the Department of Environmental Protection and
Sustainability, copies of which are attached as Exhibits 5A and 5B respectively. The forwarded
email sent to those two agencies discussed the process for how the County would handle the
Project. In relevant part, the email stated:

“The developer is responsible for the construction of roads and utilities, and, as
indicated, also responsible for inspections. As indicated above, the inspections will
be done by Hillis-Carnes. 4 All construction drawings typically reviewed by DPW
3F

[Department of Public Works] and ESC [Erosion and Sediment Control] must be
approved by the County prior to construction. The County agrees to waive LOC’s
[Letters of Credit a.k.a. Security] and inspection fees. After the construction of the
utilities and roads have been completed, DPW will send an acceptance/completion
letter to the developer and to PAI, in which DPW will attest to the completion and
to initiate the close out process.”

In October 2011, Jablon approved the return of $206,125 of security to the Developer for
the Project, despite this security having been appropriately assessed and collected by the County
under Utility Agreement #06359. In an email dated October 10, 2011 at 10:18 a.m., an attorney
from Venable LLP, the law firm representing the Developer on the Project, emailed an employee
in Development Management stating:

“I am following-up on the conversation we had last week regarding the release of the
$206,125 letter of credit securing the above-referenced Utility Agreement for the Owings
Mills Metro Center project. I have spoken with Arnold [Jablon] and he confirmed that he
is okay with the release of this letter of credit, consistent with the arrangement for the other
agreements for this project. I have copied Arnold [Jablon] on this email so that he can

3
Matis Warfield, Inc. is a consulting engineering firm that worked for the Developer on the Project.
4
Hillis-Carnes Engineering Associates, Inc. is an engineering firm that worked for the Developer on the Project.

10
confirm for you that we discussed this matter and that he is agreeable [to] the release of the
letter of credit.”

On October 10, 2011 at 11:48 a.m., Jablon sent an email stating he was okay with the release of
the $206,125 letter of credit. A copy of the email exchange is attached as Exhibit 6. Subsequently,
a letter was issued on October 12, 2011 from Development Management to PNC Bank referencing
Utility Agreement #06359. The letter stated “Enclosed please find PNC Bank letter of credit
number 18110845 which was retained as security under the subject agreement. As a condition of
this agreement, no security is required, therefore it is now in order to terminate the letter of credit.”
A copy of the letter is attached as Exhibit 7.

In addition to prematurely releasing the $206,125 security, there were several performance
securities and inspection fees pertaining to other development agreements for the Project that were
never collected as a result of Jablon’s September 8, 2011 email referenced above as follows:

Table 1

Agreement Date of Security Inspection


Agreement Waived Fees Waived
Utility Agreement #10143 UAO 07/27/2011 $936,481.00 $60,272.00
Right-of-Way Agreement #10144 RAO 07/27/2011 $1,673,290.00 $107,403.00
Environmental Agreement #2011-00069 5 4F 09/13/2011 $235,880.80 N/A 6 5F

Environmental Agreement #2014-00080 05/07/2014 $91.878.50 N/A


Utility Agreement #18308 UAO 06/11/2019 $6,293.00 $405.04
Right-of-Way Agreement #18309 RAO 06/11/2019 $7,537.00 $414.32
Right-of-Way Agreement #18329 RAO 06/11/2019 $12,690.00 $816.72
Environmental Agreement #2020-00105 09/11/2020 $1,481.00 N/A
Totals $2,965,531.30 $169,311.08

B. Building Permits

As noted earlier in this report, there are generally three types of permits that a developer is
required to obtain from the County throughout the course of a project. Due to its size and scope,
there have been hundreds of building, electrical and plumbing permits associated with the Project.
One of the earliest building permits identified during the investigation was applied for in March
2014.

On March 24, 2014, the Permits Supervisor in PAI authored an internal memo addressed
to “Engineering Assistants” stating:

“You may or may not be aware of [the] major development in Owings Mills by David S.
Brown [Enterprises]. In view of this continued expansion, Arnold Jablon has instructed

5
This Environmental Agreement replaced Environmental Agreement #017-09 dated February 5, 2009.
6
There are no inspection fees associated with environmental agreements, such fees are only charged for utility
agreements and right-of-way agreements.

11
that all building permit fees shall be waived for projects coming in as part of the area
known as Metro Centre at Owings Mills (shown on the attached map).”

A copy of the memo is attached as Exhibit 8. This memo affected over 80 building permits related
to the Project. 7 The range of individual fees waived was from $48 to $36,012. Because the memo
6F

did not reference electrical and plumbing permit fees, those continued to be charged to the
Developer at that time.

On June 12, 2018 an internal memo addressed “Memo to File” with the subject “Owings
Mills Metro Center” was prepared. This memo was unsigned, did not include a “From” or author
line, and had no reference to any County employee. This memo, a copy of which is attached as
Exhibit 9, stated:

“As a result of the mixed-use, transit-oriented development at the Owings Mills Metro
Center (“OMMC”), which includes principal uses operated by the Baltimore County
Government, no County fees and/or securities will be assessed or charged to Owings Mills
Transit, LLC, developer of OMMC, or to any successor, assignee, sub-ground lessee, or
phase ground lessee, in connection with development processing and permitting for any
future buildings and/or other improvements, including fees associated with the review,
approval, and issuance of plans for the project; building and/or grading permits;
environmental agreements; and utility and right-of-way agreements, for facilities
constructed within the property boundaries and public rights-of-way as shown on the
development plan for the property, known as the “Metro Center at Owings Mills”.”

Our investigation showed this memo was authored by Jablon (“the Jablon Memo”). In addition,
the language for the Jablon Memo was provided to Jablon by an attorney with Venable, LLP by
way of an email dated June 11, 2018 at 3:35 p.m. Later the same day, Jablon replied to the attorney
via email, copying his administrative assistant, stating “I was u n [sic] Canada this weekend,
returning tonight. Letter is good. Julie, please reduce this to my letterhead.” A copy of this email
exchange is attached as Exhibit 10. Pursuant to the investigation, the Office attempted to
interview Jablon about the role he played in the Project, including the circumstances surrounding
the Jablon Memo, but he declined to be interviewed.

At the time of the Jablon Memo, the CAO was Fred Homan. As noted earlier, only the
CAO has the authority, with notice to County Council, to change the amount of a fee that has been
set by the County Code. The Office attempted to interview Homan about the Jablon Memo and
through his attorney, Homan advised he did not know anything about it. There is also no indication
Homan ever delegated his authority to Jablon regarding the setting or changing of fees.

C. Electrical and Plumbing Permits

By the end of 2018, Jablon had left the County, and by May 2019, Michael Mallinoff
(“Mallinoff”) had taken over as Director of PAI. As Mallinoff became familiar with the Project,

7
It is important to note that if a permit was entered incorrectly (i.e. with typographical errors) into the permits database
for the Project, it may not have been identified during the Office’s search for pertinent records.

12
he learned of the Jablon Memo. Because Mallinoff did not believe his predecessor had the
authority to waive Securities and Fees, he directed one of his employees to send a letter dated
September 4, 2019 to the Developer, a copy of which is attached as Exhibit 11, addressing the
issue as follows:

“The director of PAI, Michael Mallinoff, has reviewed the matter regarding the assessment
and payment of inspection fees and securities for this project as well [as] the performance
of any inspections normally carried out by Baltimore County on such projects. This was
the subject of a memo dated June 12, 2018 [the Jablon Memo]. It has been determined that
the necessary fees and securities will be required as outlined below in Section B for further
processing of the agreements for this project.”

Listed in Section B of the above-referenced letter were the inspection fees and security for Right-
of-Way Agreement #18329 in the amounts of $816.72 and $12,690 respectively. However, as
noted in Table 1 above and further clarified in the following section, these amounts were
ultimately waived by the County.

In or about October 2019, Mallinoff met with Howard Brown (“Brown”) of David S.
Brown Enterprises at a local restaurant to discuss the September 4, 2019 letter referenced above.
Also present for the meeting was an attorney from Venable, LLP. During the meeting, Brown told
Mallinoff that he had an agreement with Jablon that Securities and Fees for the Project would be
waived because of the Project’s status as a Transit-Oriented Development. Additionally, Brown
said his company intended to self-perform all inspections for the Project through a third party. For
those reasons, Brown wanted Mallinoff to honor the arrangement Brown had made with Jablon.

Around the same time as the meeting with Brown, Mallinoff was contacted by a member
of the Administration about Mallinoff’s opposition to the waiver of Securities and Fees for the
Project. This individual told Mallinoff that the arrangement with the Developer had pre-dated the
current Administration and therefore, needed to be honored.

Between approximately October 2019 and September 2020, Mallinoff continued to try and
collect Securities and Fees from the Developer for the Project when feasible, despite getting
resistance from the Developer and at times, the Administration. Mallinoff did so for two reasons.
First, he could not locate any specific legislation that had been passed to grant the Project a waiver
for Securities and Fees based on the Project’s status as a Transit-Oriented Development, and he
was not comfortable that the only support for the waiver was an unsigned memo. Second, the
Developer ultimately did not self-perform the inspections for the Project because it determined the
use of a third-party contractor was too expensive, and Mallinoff did not believe it was appropriate
for the County to not be compensated for the hundreds of inspections that needed to be performed
on the Project.

Mallinoff’s resistance to the arrangement can be seen in early 2020 when the issue of
whether the County should be charging the Developer fees for electrical and plumbing permits for
the Project was raised within PAI. This is reflected in a handwritten note that appears at the bottom
of the March 24, 2014 internal memo referenced earlier in the report (Exhibit 8). The handwritten

13
note stated “1/29/2020 Spoke with Michael Mallinoff – can continue to charge Electrical +
Plumbing contractors.”

On August 31, 2020 at 3:35 p.m., Mallinoff was copied on an email between two of his
employees with the subject line “Permit fees for hotel.” A copy of the email is attached as Exhibit
12. In the email, there was a reference to the waiver of a $36,000 building fee and the potential
for the waiver of fees for over 100 electrical inspections for the hotel portion of the Project.

In the weeks following the August 31, 2020 email, there were several emails involving
Mallinoff, his staff, and members of the Administration, concerning electrical and plumbing
inspection fees for the hotel, culminating with an exchange of emails on September 25, 2020. In
one of the emails, Mallinoff was again reminded by the Administration that they intended to uphold
the prior administration’s arrangement with the Developer regarding the waiver of Securities and
Fees for the Project (see Exhibit 13). Subsequently, Mallinoff sent an email to his Permit
Processing Coordinator stating in part “The administration wants all building and trades [electrical
and plumbing] fees waived per an earlier agreement by my predecessor” (see Exhibit 14).

As of the date of this report, there have been over 400 electrical and plumbing permits
associated with the Project. The majority of the fees for these electrical and plumbing permits
were paid at Mallinoff’s direction as can be seen from a summary prepared by the Office attached
as Exhibit 15.

In early 2021, C. Pete Gutwald (“Gutwald”) replaced Mallinoff as Director of PAI. As


Gutwald became familiar with the Project, he too learned that Securities and Fees had been
historically waived for the Project by Jablon. As new fee waivers for the Project were presented
to him for approval, Gutwald suspended the waivers, citing an opinion from the Office of Law that
only the CAO could authorize such waivers. As permits for the Project began to back up within
PAI, a letter dated September 21, 2021 was issued from CAO Stacy L. Rodgers to the Developer,
referencing the Jablon Memo and stating in part “in accordance with Section 3-1-202(b) and 3-1-
202(c) as the County Administrative Officer the permit fees for new construction of the approved
plan identified as “Metro Center at Owings Mills” dated 5/10/2005 (as indicated in the vicinity
map below) are hereby waived.” A copy of the letter is attached as Exhibit 16.

Pursuant to the investigation, the Office contacted the Legislative Counsel/Secretary for
the County Council about the Jablon Memo, the September 21, 2021 letter from CAO Rodgers to
the Developer, and any other documents regarding fee waivers for the Project, to determine
whether such documents had been sent to the County Council as required under 3-1-202(d).
According to the Legislative Counsel/Secretary, there are no such records in the Council’s
possession.

VII. Possible Benefits Provided to Jablon by the Developer

A review of County email communications pursuant to the investigation showed there were
occasions in which Jablon, while serving as the Director of PAI, appeared to have received benefits
from the Developer in the form of free parking and access to NCAA Big 10 Conference basketball

14
tournament tickets. Because Jablon declined to be interviewed for this investigation, the Office
was unable to obtain his version of these events. However, Brown confirmed to the Office that he
allowed Jablon to park a vehicle for free in garages at two of Brown’s residential properties for a
period of time. Brown explained Jablon had offered to pay for the parking, but Brown declined
the offer because Jablon was a long-time acquaintance and the residential parking garages were
vacant. With regard to the basketball tickets, Brown received ten tickets every year for the
University of Maryland basketball games at the Comcast [Xfinity] Center, which entitled Brown
to tickets for the annual NCAA Big 10 basketball tournament. Brown described the tickets as
“priority seats,” and he commented “you can’t get those.” Brown confirmed Jablon paid him face
value for the tickets on several occasions. Further details about the free parking and the basketball
tickets are set forth below.

The parking of Jablon’s vehicle at one of Brown’s properties was discussed in a series of
emails between Jablon and Brown’s assistant from May 19, 2017 to April 9, 2018, copies of which
are attached as Exhibit 17. The first email was on May 19, 2017 at 10:28 a.m. (page 2 of Exhibit
17) with the subject line “Personal” in which Jablon said “a couple of weeks ago I asked HB
[Howard Brown] if he still had space for me to store a car. He said he could. At the time, it was
speculative, but I have bought it and I would need the space in about 2 weeks. Can you as[k] HB
is his offer is still available? Thanks.” On May 25, 2017 at 4:47 p.m., Brown’s assistant responded
“We have a garage available for you at St. Charles at Old Court. I’m out tomorrow, but will touch
base with you again on Tuesday with the details. This will be no charge to you.”

In subsequent emails between Jablon and Brown’s assistant, there were discussions about
delivering the key fob for the St. Charles at Old Court garage to Jablon; the number of electrical
outlets in the garage; moving Jablon’s vehicle to a different garage located at the Developer’s
Ingram Manor property; and making improvements to the garage at Ingram Manor to make it more
suitable to Jablon’s needs.

It should be noted that both properties, St. Charles at Old Court and Ingram Manor, are
residential properties owned or managed by the Developer with secured garages for their residents.
Further and in support of Brown’s statement to the Office, there is no indication that Jablon ever
compensated the Developer for the benefit, and as noted above, Brown’s assistant told Jablon there
would be “no charge” to Jablon.

The basketball tickets were discussed in a series of emails between Jablon and Brown’s
assistant from January 15, 2016 to December 1, 2018, copies of which are attached as Exhibit 18.
The emails concern the NCAA Big 10 Conference basketball tournaments for 2016, 2017, 2018,
and 2019. The first email was on January 15, 2016 at 4:20 p.m. with the subject line “tickets” in
which Jablon said “It’s that time of basketball year again! Yes, I do want the Big 10 tourney
tickets, all 6. Thanks.” On January 19, 2016 at 1:24 p.m., Brown’s assistant responded “No
worries. The[y] haven’t even sent the paperwork yet, but when they do, it’s all for you. no worries
at all.” In subsequent years, similar emails were sent between Jablon and Brown’s assistant about
Jablon’s interest in the tournament tickets.

In related emails between Jablon and Brown’s assistant about the tickets, there were
discussions about the status of the tickets; whether the tickets applied to the University of Maryland

15
games during the tournament; Jablon’s travel plans to the tournaments with others, including an
attorney from Venable, LLP; the potential to upgrade seats and attend pregame parties; an offer to
have Jablon attend games as Brown’s guest in New York for the 2018 tournament; the potential
for Jablon to stay in Brown’s New York apartment while attending the 2018 tournament; and the
amount and timing of the payments for the tickets.

In support of Brown’s statement, the emails reflected that Jablon paid Brown the face value
for the basketball tickets. However, the emails indicated the quality of the tickets and the related
perks, such as the potential for upgraded seating and pregame parties, may have been a benefit to
Jablon in that it is unknown whether Jablon could have had access to such tickets at face value if
not for Brown. With regard to attending the 2018 tournament in New York as Brown’s guest and
staying in Brown’s apartment (see the emails dated January 11, 2018 in Exhibit 18), it does not
appear the trip materialized and Brown denied such a trip happened.

During the time period of the above-referenced emails, there were other emails involving
Jablon, Brown’s assistant, and others, which discussed various issues pertaining to the Project and
Brown’s other business interests. In some of the emails, Brown is requesting Jablon’s assistance.
While there is no indication that any of Brown’s requests for assistance were directly connected to
any of the potential benefits provided to Jablon, the communications about the parking and the
basketball tickets create the appearance of a conflict of interest. Further, the transactions may have
constituted violations of section 23.17 of the Agreement (the Gratuities provision) and sections 7-
1-305(a)(1) and (b)(1-2) of the County Code (Solicitation or Acceptance of Gifts) which states:

(a) Solicitation of gifts prohibited.


(1) A public official may not solicit any gift.
(b) Acceptance of gifts prohibited. Except as provided in subsection (c) of this
section, 8 a public official may not knowingly accept a gift, directly or indirectly,
7F

from an entity that the public official knows or has reason to know:
(1) Does or seeks to do any business of any kind, regardless of amount, with
the public official’s office, agency, board, or commission;
(2) Engages in an activity that is regulated or controlled by the public official’s
office, agency, board, or commission[.]

VIII. Conclusion

Based on the investigation, between 2011 and 2021, millions of dollars in Securities and
Fees were waived for the Project. This waiver was authorized by Jablon as Director of PAI when
in fact, such a waiver could only be authorized by the CAO along with notice to the County
Council. According to then CAO Homan, he was not aware of the waiver given by Jablon to the
Developer for the Project, and there is no evidence the waiver was ever presented to the County
Council for review. Because Jablon declined to be interviewed for this investigation and the Office
has no reason to dispute former CAO Homan’s version of the events, it appears Jablon entered

8
Based on the Office’s interpretation of 7-1-305, the possible benefits received by Jablon from the Developer would
not fall under the exceptions of subsection (c) and therefore, the benefits would be prohibited.

16
into the arrangement with the Developer without the proper authority and without the knowledge
and approval of the CAO in violation of the County Code.

In support of the above, the investigation found the only documentation of Jablon's waiver
o f Securities and Fees for the Project was an internal email communication he sent on September
8, 2011 and an unsigned internal memo dated June 12, 2018 [the Jablon Memo], neither of which
contain any reference to CAO approval or delegation of authority to Jablon. Further, there is no
reference in those two documents to any legal authority being the basis for the waiver. Because
o f the waiver of securities, there were times during the Project the County was unnecessarily put
a t risk. In addition, the fees that were waived cost the County hundreds of thousands of dollars in
revenues. Further, the waiver of Securities and Fees was in effect at a time when Jablon was
receiving certain benefits from the Developer that appear to violate the Solicitation or Acceptance
o f Gifts provision of the County Code.

While the County has decided to honor Jablon's arrangement with the Developer via its
letter dated September 21, 2021, the Administration has still not provided notice to the County
Council as required under the County Code. Additionally, because the Administration has decided
to honor the mrnngement, it will need to address whether it intends to refund the fees that were
collected during the course of the Project. This would include fees that were inadvertently
collected by PAI under Jablon or those collected at the direction of Mallinoff while he served as
Director of PAI.

This matter is being referred to you for an official response. Please respond in writing by
January 18, 2022, indicating what action has been taken or what action you intend to take regarding
this matter. Should you have any questions, please do not hesitate to contact me.

cc: John A. Olszewski, Jr., County Executive


Patrick H. Murray, Chief of Staff
James R. Benjamin, Jr., County Attorney
C. Pete Gutwald, Director, Permits, Approvals and Inspections
David V. Lykens, Director, Environn1ental Protection and Sustainability

17
BALTIMORE COUNTY, MARYLAND

BUILDING PERMIT FEE SCHEDULE


Effective 11/26/18

ALL PERMIT FEES ARE ROUNDED UP TO THE NEAREST DOLLAR


Page 1

PERMIT EXPIRATION - All building permits will be issued under one of the following:
A. Permits are issued for one year with an option to request an extension of no more than one additional year.
B. The applicant may request a two-year permit with no option for an extension.

C. Occasionally, a major commercial project may require a period of time greater than two years. The Building Engineer will be solely responsible for making this determination
and granting a longer period of time when requested to do so by the applicant.

REFUNDS: None
INVESTIGATION FEE: Whenever any work for which a permit is required under the Baltimore County Code has commenced without authorization of a permit, a special investigation
shall be made before a permit can be issued for work. An investigation fee may be charged in addition to the regular permit fees.

This ----
-- section -----
pertains to new residential and ------
commercial -------
construction, -------
alterations, ------
additions, --
and --
any ---
other -----------
construction-related permit -
utilizing
- - - -a ---
permit --
fee ----
based -
on
building area:

New Construction/ All


Additions Others
Minimum – Rate Minimum – Rate
Fee Category A Assembly, Business, Institutional @ $0.17 sq ft $366.00 $208.00

Fee Category B Hotels, Motels @ $0.14 sq ft $293.00 $152.00

Fee Category C Mercantile, Storage, High Hazard, Factory, Industrial @ $0.11 sq ft $208.00 $152.00

Fee Category D Residential, one-family and two-family $231.00 See Below


Multi-family - per Unit $119.00 $79.00

Alteration to Apt/Condo Building (Not unit specific) - Use Category B Rate

If construction plans are required the fee is: Rate


- Decks (up to 600 sq ft) $85.00
- Decks (over 600 sq ft) $119.00

- Additions - up to 600 sq ft $85.00


- Additions - over 600 sq ft or second floor $130.00

- Accessory Structures - up to 1000 sq ft $85.00


- Accessory Structures - (over 1000 sq ft) $130.00

PAI BPP 15 Attachment A Rev 11/18


I

Exhibit 1A
BALTIMORE COUNTY, MARYLAND
BUILDING PERMIT FEE SCHEDULE
Effective 11/26/18
ALL PERMIT FEES ARE ROUNDED UP TO THE NEAREST DOLLAR
Page 2

THI S SECTI ON PERTAI N S TO ALL OTHER BUI LDI N G-RELATED PERM I TS:
Rate Rate
Antennas $34.00 Satellite Dish (on roof or attached to building)
Blasting - First 60 days $27.00 - Residential $27.00
- Each subsequent 60 days $14.00 - Commercial $68.00
- Annual $113.00 Shell - Commercial @ $0.030 per sq ft Minimum $113.00
(Does not include tenant);
Bridge, private $79.00 (See proper "Fee Category" for correct fee on
Change of Occupancy $57.00 all "Shell - Commercial" alterations)
Circus/Carnivals $40.00
Fences - Residential $25.00 Solar Power System
- Commercial $85.00 - Residential $79.00
Fireplaces, wood burning stoves $21.00 - Commercial - Roof Mounted - $0.11 per sq ft (outside boundary) Minimum $394.00
Foundation Only - Residential $135.00 - Ground Mounted - $.0075 per sq ft (outside boundary) Minimum $310.00
- Commercial $225.00 Sprinkler System - Pipe 2” or less $40.00
Grading - Two years @ $0.002 sq ft - Larger Than 2” Pipe $93.00
- Minimum $54.00 (Plus Fire Inspection Fee)
- Maximum $6,633.00 Storm Water Management – Two years
Mechanical, HVAC System - Residential - Per Acre $57.00
- Less than 4,000 sq ft $34.00 - Minimum $57.00
- All others $85.00 - Maximum $506.00
Mechanical, HVAC System - Commercial
- Less than 4,000 sq ft $34.00 Suppression Tank $180.00
- All others $85.00
Miscellaneous, Non-Specified Swimming Pool
(as approved by Building’s Engineer) $45.00 - Residential - Above Ground $34.00
Moving/Razing - Residential @ $0.30 per 100 sq ft Minimum $12.00 - Residential - In-ground $54.00
- Accessory Structure, Residential (no water/sewer) @ $.30 per 100 sq ft Minimum $6.00 - Commercial $135.00
- All Others @ $0.50 per 100 sq ft Minimum $17.00
Tank - Residential $29.00
Percolation Test $75.00 - Commercial $45.00
Piers - Residential $79.00
- Commercial $225.00 Tents / Temporary Structures - Up to 180 days (non-renewable)
Pilings - Residential $23.00 - Up to 3,000 sf $27.00
- Commercial: 1 to 12 $45.00 - Each additional 100 sq ft $2.00
- Commercial: 13 or more $90.00 - Maximum $54.00
Plans - Preliminary Review (per 1/2 hour) $54.00 Use and Occupancy (Per unit, condo/apt, etc.)
Retaining Walls - Residential $14.00 - Certificate/final $12.00
- Commercial $34.00 - Commercial (per 5,000 sq ft or portion thereof) $20.00
Revisions - Without Drawings – 10% of original fee Minimum $21.00
- With Drawings; No Site Plans – 25% of original fee Windmills - (50’ & under) $23.00
- Residential Minimum $34.00 - (51’ – 200’) $68.00
- Commercial Minimum $68.00 - (201’ & over) $135.00
- With Site Plans – 5% of original fee Minimum $17.00
- Maximum Revision Fee $664.00
- Change of Owner / Contractor $29.00
- Address Change – 10% of original fee Minimum $6.00
Maximum $23.00
PAI BPP 15 Attachment A Rev 11/18
ELECTRICAL PERMIT FEE SCHEDULE Effective 11/26/18
RESIDENTIAL COMMERCIAL
SERVICE (each meter) NEW, MODIFICATION, UPGRADE, REPLACEMENT, OR $34.00 SERVICE (each meter) NEW, MODIFICATION, UPGRADE, REPLACEMENT, OR RECONNECTION $68.00
RECONNECTION

DEVICES: Includes wiring, connection, or replacement by the same contractor, of Light Fixtures, Switches, Motion and Occupancy Sensors, Receptacles, Low Voltage Devices, Control Devices, Ceiling Fans, Smoke
Detectors, Alarm Devices, and other such devices (includes CU/AL repair) Carbon Monoxide and Fire Alarms
NEW DWELLING 1 - 100 DEVICES $34.00 1 - 200 DEVICES $113.00
101 - 150 DEVICES $51.00 201 - 500 DEVICES $225.00
MORE THAN 150 DEVICES $68.00 501 - 1000 DEVICES $282.00
MORE THAN 1000 DEVICES $394.00
RENOVATION OR ADDITION 1 - 150 DEVICES $68.00
MORE THAN 150 DEVICES $74.00

EQUIPMENT: (Includes wiring, connection, or replacement by the same contractor of all fixed (hard wired) equipment such as, but not limited to: Space Heating Equipment, Cooling Equipment, Subpanels, Motors,
Generators, Transfer Switches, Cooking Appliances, Transformers, Refrigeration, Light Poles, Dishwashers, Disposals, Electrical Vehicle Chargers, Hood Fans, Welders, and Other such equipment

NEW DWELLING 1 - 5 PIECES OF EQUIPMENT $45.00 FIRST PIECE OF EQUIPMENT $34.00


MORE THAN 5 PIECES OF EQUIPMENT $57.00 EACH ADDITIONAL PIECE OF EQUIPMENT $6.00
RENOVATION OR ADDITION EACH PIECE OF EQUIPMENT $6.00 OTHER FEES
EQUIPMENT ONLY (NEW OR REPLACEMENT) SIGN (EACH) $40.00
EACH PIECE OF EQUIPMENT $34.00 ELEVATOR $40.00
OTHER FEES CARNIVAL $253.00
SWIMMING POOL $68.00 SWIMMING POOL $113.00
GEOTHERMAL SYSTEM $40.00 GEOTHERMAL SYSTEM $40.00
SOLAR PHOTOVOLTAIC SYSTEM $74.00 SOLAR PHOTOVOLTAIC SYSTEM $400.00
STOP WORK INVESTIGATION FEE $90.00 STOP WORK INVESTIGATION FEE $135.00
WRITTEN VERIFICATION OF ANY TYPE $68.00 WRITTEN VERIFICATION OF ANY TYPE $68.00
REINSPECTION FEE $74.00 REINSPECTION FEE $74.00
AMENDMENTS TO PERMITS ARE CHARGED AS NEW QUANTITIES (MINIMUM FEE METER STACK (INCLUDES MAIN DISCONNECTS) $197.00
$30.00) TRAILERS $68.00
ELEVATOR $40.00 AMENDMENTS TO PERMITS ARE CHARGED AS NEW QUANTITIES (MINIMUM FEE $30.00)
Wireless Security (1 & 2 Family Dwellings) $34.00 OTHER
LICENSING FEES
MASTER GENERAL LICENSE (NEW) $160.00 RESTRICTED LICENSE (NEW) $130.00
MASTER GENERAL LICENSE (RENEWAL) $120.00 RESTRICTED LICENSE (RENEWAL) $95.00
MASTER GENERAL LICENSE (LATE RENEWAL FEE) $80.00 RESTRICTED LICENSE (LATE RENEWAL FEE) $65.00
MASTER LIMITED LICENSE (NEW) $120.00 ELECTRICAL EXAMINATION FEE $40.00
MASTER LIMITED LICENSE (RENEWAL) $90.00
MASTER LIMITED LICENSE (LATE RENEWAL FEE) $60.00

Exhibit 1B
BALTIMORE COUNTY, MARYLAND
PLUMBING INSPECTION FEE SCHEDULE
Effective 11/26/18

PERMIT EXPIRATION: A permit shall expire one year from the date it was issued.

INVESTIGATION FEE: Whenever any work for which a permit is required, under this code, has been commenced without authorization of such permit, a special investigation shall be made before a permit may be issued
for such work. In addition to the regular permit fee, an investigation fee of $60.00 shall be collected.

Rate Rate Rate Rate


WATER APPLICATIONS & PERMITS GAS PERMITS
On-Site Water (each) $79.00 + Each lateral $14.00 1st Appliance $30.00 + Each additional $14.00
Renew Water Services $30.00 Up to 2 ½" $30.00 $14.00
Water Service (each connection) $30.00 3" and 4" $79.00 $14.00
Well Pump & Service Line $30.00 5" $119.00 $14.00
Back Flow Preventer - Commercial $79.00 6" $169.00 $14.00
Back Flow Preventer - Residential $40.00 8" $394.00 $14.00
12" $506.00 $14.00
SANITARY SEWER PERMIT
On-Site Sanitary Sewer (each) $79.00 + Each lateral $14.00 MISCELLANEOUS PLUMBING PERMITS
Sewer Ejector $79.00 Annual Inspection:
Industrial $242.00
Inspection: Commercial $119.00
New - for 1st fixture $30.00 + Each additional $6.00 Oil Interceptor $30.00
Reconstruct - for 1st fixture $30.00 + Each additional $6.00 Sub-Soil $79.00
Set fixture - for 1st fixture $30.00 + Each additional $6.00 Water Cooled Air Conditioner With Tower $30.00
Rough-In - for 1st fixture $30.00 + Each additional $6.00 Sand Filter $79.00
Remove - for 1st fixture $30.00 + Each additional $6.00 Re-inspection Fee $79.00
Renew Permit $30.00
Sewer Line Inspection $30.00 Swimming Pool $79.00
Relay Sewer Line $30.00
Cap Off House Connection $30.00 Kidde Valve or Sprinkler System (Plus the cost of a back Flow Preventer Permit)
Install or Relocate Clean-Out $30.00 1 - 20 $30.00
Hot Water Heater, Oil/Electric $30.00 21 - 40 $30.00
Solar Energy (Domestic Water) $30.00 Over 40 $79.00

STORM DRAIN PERMITS On-Site Flow Meters


On-Site Storm Drain (each) $79.00 + Each lateral $14.00 Water $38.00
Connect Storm Drain $51.00 Sewer $38.00

PRIVATE DISPOSAL SYSTEMS Laundry Ejector or Laundry Tray Pump $30.00


New $79.00
Replace $79.00 Plumbing Post Card Permit A $30.00
Reconstruct $51.00 Plumbing Post Card Permit B $79.00

PLUMBER / GASFITTER LICENSE FEES


- License is Valid for 2 Years

Master Plumber / Gasfitter License (New) $225.00 Journeyman Plumber / Gasfitter License (New) $120.00
Master Plumber / Gasfitter License (Renewal) $225.00 Journeyman Plumber / Gasfitter License (Renewal) $120.00
Master Plumber / Gasfitter License Late Fee $80.00 Journeyman Plumber / Gasfitter License Late Fee $60.00
Plumbing Examination Fee $34.00
OTHER LICENSE FEES
Drain & Sewer Cleaning License $200.00
Onsite Utility Contractor License $200.00
Disposal Contractor License $200.00

PAI BPP 20 Attachment B Rev: 11/18

Exhibit 1C
PWA No. 040'-.~
BALTIMORE COUNTY, MARYLAND

PUBLIC WORKS AGREEMENT


AND LIMITED IRREVOCABLE POWER OF ATTORNEY

WHEREAS, OWINGS MILLS TRANSIT, LLC


(hereinafter •APPLICANT") represents that it is ·the owner, contract purchaser, or legally authorized
representative of the owner or contract purchaser, of certain real property, known or proposed to be
known as Metro Center at Owings Mills
(hereinafter ("THE DEVELOPMENT"), which APPLICANT desires to develop in accordance with
applicable law;

WHEREAS, pursuant to the Baltimore County Code and duly promulgated regulations,
APPLICANT is required -first to obtain certain approvals and authorizations from Baltimore County,
Maryland (hereinafter the "COUNTY') and its various departments, offices and agencies before necessary
building permits may be issued;

WHEREAS, OWINGS MILLS TRANSIT. LLC {by 99-year lease document)


(hereinafter "PROPERTY OWNER"}, is the title owner of the real property which is the subject of this
Pub.lie Works Agreement (the "Agreement"), and joins in this Agreement for the limited purposes of
granting a right of entry to facilitate the construction, inspection and completion of the improvements
contemplated by this Agreement, and assuring that certain rights-of-way and other interests are conveyed
to the COUNTY; and

WHEREAS, the COUNTY is willing to grant the required approvals and/or authorizations required
f or THE DEVELOPMENT, provided that APPLICANT first promises to perform certain obligations in
accordance with applicable laW, regulc1tions and policies of the COUNTY, and comply with such other
conditions as are more fully set forth below.

NOW, THEREFORE, in consideration of the foregoing and for such other good and valuable
consideration, the adequacy and receipt whereof is hereby acknowledged, the parties covenant and agree
as follows:

1. TYPE OF PROPOSED DEVELOPMENT: _ __,C,,_.,O"-'M,.,,M=ER"'C~l,..,A=L&,,,·....,Re:Eo,S,.,ID:..eE,..,Ne...T"'IA,,,L~----

2. APPROVED PLAN/ HEARING OFFICER'S ORDER

The following documents, and comments contained therein, are incorporated by reference and
made a part of this Agreement as if fully set forth:

Approved CRG Plan for THE DEVELOPMENT dated - - - - - - - - ~


and any subsequent approved amendment thereto.
·( X ) Approved Development Plan for THE DEVELOPMENT dated 07 /13/05
and any subsequent approved amendment thereto.
(X ) Hearing Officer's Order dated 07/06/05
(. ) other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Exhibit 2

Subject to applicable COUNTY law, any inconsistencies between the text of the referenced documents
and text of this Agreement shall be resolved in favor of this Agreement.

3. NAMES AND SCOPE OF ROADS TO BE CONSTRUCTED

See Exhibit A, which is attached hereto and incorporated herein by reference.

rev. 10/01/2004
4. GRADING AND CONSTRUCTION OF IMPROVEMENTS
A. APPLICANT agrees that, prior to the issuance of any grading permit, APPLICANT shall
complete and obtain an approved Environmental Agreement ("EA") from the Department of Environmental
Protection and Resource Management ("DEPRM"). APPLICANT further agrees that prior to construction
of any improvements under this Agreement, APPLICANT shall complete and obtain an approved Right-
Of-Way Improvement Agreement ("RA") and/or Utility Agreement ("UA") from the Department of Permits
and Development Management ("DPDM"), as applicable, and (if not already obtained) an approved EA
from DEPRM.

B. Upon receiving a Notice to Proceed in accordance with applicable laws and regulations of
the COUNTY, APPLICANT agrees to cause the construction of the improvements required by the
documents referenced in paragraph 2 above, said construction to be carried out in a workmanlike manner,
in accordance with the applicable laws and regulations of the State of Maryland, and of the COUNTY.
These improvements include, but may not be limited to:

(X ) Sewer Mains
( ) Sanitary Sewer Connections
(X) Water Mains
( ) Water Services
(X) Storm Drains
( ) Bridges and/or Culverts
(X) Traffic Signalization
( ) Storm Water Management/ Water Quality Facilities
( X) Roads
(X) Street Lights
( ) Sewage Pumping Station and Force Main
{ ) Open Space
{X) Sidewalks
( )
( )

[NOTE: The above listed improvements are intended to conform to the documents referenced in
paragraph 2 above and are identified for illustrative purposes only. If any of the above items are
determined by the Department of Public Works to qualify as a "Major Facility", refer to "Major Facility
Addendum" which is made a part of this Agreement.]

C. The APPLICANT and PROPERTY OWNER {if different from the APPLICANT) hereby
grant the COUNTY (including the COUNTY'S agents, contractors, officials and employees) an irrevocable
right to enter onto the real property which is the subject of this Agreement for the purpose of inspecting
grading and construction activities related to THE DEVELOPMENT and for any other purpose
contemplated by the Agreement.

5. FINANCIAL ARRANGEMENTS

A. Fees and Charges

The APPLICANT agrees to pay, by cash, cashier's check or certified check, all required fees and
charges related to THE DEVELOPMENT, including but not limited to, review fees, inspection fees, sewer
and water charges, meter fees and permit fees, in accordance with the executive orders, policies or
regulations in effect at the time the invoice for those charges is paid by the APPLICANT.

B. Engineering Plans, Drawings and Plats

The APPLICANT shall be responsible for the cost of design and preparation of construction
drawings and right-of-way plats, which shall be presented to the COUNTY for its review, revision and final
approval.
rev. 10/01/2004
page 2
C. Performance Security

Where performance security is required by applicable law or regulation to be posted with the
COUNTY, APPLICANT shall deliver security when required in accordance with Section 32-4-305 of the
Baltimore County Code (Rev. 7/2004} in the form of an irrevocable letter of credit, cash, or cashier's
check,
and in the amounts stated in any applicable EA, RA or UA related to THE DEVELOPMENT. If a letter of
credit is used, it shall be in the form and contain the essential terms required by the COUNTY. The
APPLICANT is fully aware of the provisions of Sections 32-4-309, 32-4-312, 32-4-313 of the Baltimore
County Code, (Rev. 7/2004) and acknowledges the COUNTY's rights under those sections with regard to
any security posted.

D. Recovery of Costs to Complete Improvements

Nothing contained in this Agreement shall be construed in any manner to require the COUNTY to
undertake, fund or complete the required improvements for the benefit of the APPLICANT, PROPERTY
OWNER or any third party. However, in the event the COUNTY proceeds to complete the improvements,
the APPLICANT agrees to reimburse the COUNTY for all costs of completion over and above the amount
of any available security recovered by the COUNTY, including, without limitation, COUNTY administrative
costs, attorneys fees and pre-judgment interest at the rate of ten (10%) percent per annum. The
APPLICANT further hereby authorizes the COUNTY to recover its cost of completion by placing a lien on
any properties of record owned by the APPLICANT.

6. CONVEYANCE OF DEEDS

As further consideration for the COUNTY's approval of this Public Works Agreement,
APPLICANT and PROPERTY OWNER (if different from APPLICANT) irrevocably covenant and agree to
execute, or cause to be executed, and deliver to the COUNTY recordable, legal instruments for the
following interests, all in accordance with the requirements of any COUNTY approved plan or plat related
to THE DEVELOPMENT (including, but not limited to, grading plans, storm water management plans,
construction drawings, site plans, record plats and documents referred to in paragraph 2 of this
Agreement):

A. Permanent easements to lay, construct and maintain sewers, drains, drainage outfalls
and drainage areas, water pipes and any other public improvements;

B. Fee simple title to all roads, streets, highways, storm water ma·nagement areas, local
open space or any other areas designated as being "offered for dedication" or "to be conveyed to" the
COUNTY or other named entity;

C. Fee simple title or permanent easements to any offsite right-of-way;

D. Declaration of covenants to reserved areas, including, without limitation, greenways,


forest buffer, wetlands and conservancy areas; and

E. Such other rights and interests as required by the COUNTY approved plans and/or plats.

All instruments contemplated by this paragraph (the "INSTRUMENTS") shall be prepared in


conformanc!') with the "Right of Way Documents" manual published by DPDM (Rev. Jan. 1997), and be
certified by an attorney admitted to practice before the Court of Appeals of Maryland. The
INSTRUMENTS shall identify the grantee as "Baltimore County, Maryland," unless otherwise required by
the COUNTY approved plans and/or plats (i.e. State of Maryland or homeowners' association). All
interests granted in said INSTRUMENTS shall be for no additional consideration, shall contain covenants
of special warranty and further assurances, and shall be executed by all parties of interest.

rev. 10/01/2004
page3
7. JRREVOCABLE LIMITED POWER-OF-ATTORNEY

The COUNTY reserves the right at any time to request, in writing, the delivery of any or all of the
INSTRUMENTS contemplated by this Agreement. In order to assure that the required INSTRUMENTS
are delivered to the COUNTY, APPLICANT and PROPERTY OWNER (if. different from the APPLICANT)
hereby irrevocably nominate and appoint the Director of the Baltimore County Department of Permits and
Development Management ("DPDM DIRECTOR") (or such official who may assume any of the powers
and duties of the DPDM DIRECTOR) as his/its/their lawful attQrney-in-fact with the limited power of (1)
executing and delivering to the COUNTY any or all of the INSTRUMENTS contemplated by this
Agreement, and (2) securing the necessary signatures of any other parties of interest so as to be able to
deliver said INSTRUMENTS to the COUNTY.

This limited power of attorney, being a power-of-attorney coupled with an interest, is intended to
be irrevocable, but shall terminate upon delivery and acceptance of all of the INSTRUMENTS
contemplated by this Agreement. In the event that the COUNTY requests the APPLICANT or
PROPERTY OWNER to deliver any required INSTRUMENTS, and such INSTRUMENTS are not
delivered within thirty (30) calendar days of the date of the COUNTY's written request, the DPDM
DIRECTOR may proceed to cause to be prepared and execute the appropriate INSTRUMENTS in his
capacity as Attorney-in-Fact for the APPLICANT and/or PROPERTY OWNER.

8. OWNERSHIP OF PUBLIC IMPROVEMENTS/ INDEMNIFICATION OF COUNTY

In the event APPLICANT seeks to construct public improvements within any County-owned
easement, based upon construction drawings approved by the Department of Public Works, COUNTY
hereby authorizes and approves a right of entry to APPLICANT and its agents to perform said
improvements thereon.

The COUNTY agrees that, upon construction of public improvements contemplated by this
Agreement, and delivery to and acceptance by the COUNTY of title to rights-of-way for said
improvements, the COUNTY shall accept arid own said improvements. Acceptance and ownership by the
COUNTY of any improvements shall not relieve APPLICANT from any maintenance obligations during any
maintenance period set forth in applicable regulations. In addition, until the COUNTY has given written
notice that the required maintenance period has been satisfactorily completed, APPLICANT agrees to
indemnify, defend and save harmless the COUNTY (including its officers, agents and employees), from
any and all costs, losses, expenses, claims and judgments (including attorney's fees) resulting from death
or injury to person, or damage to property, arising out of or in connection with the construction,
maintenance or lack of maintenance of the improvements contemplated by this Agreement, or the
COUNTY's grant of the right of entry herein, whether performed by the APPLICANT or any third party,
except this obligation shall not be applicable to injury, death or property damage arising from the sole
negligence of the COUNTY (or its officers, agents or employees). The APPLICANT further shall maintain
comprehensive general liability coverage with minimum limits of $1,000,000 per occurrence, and shall,
prior to authorization to proceed with construction of improvements, provide a certificate of such insurance
coverage to the COUNTY identifying "Baltimore County, Maryland" as an additional insured.

g_ RIGHT TO RECORD AGREEMENT

The parties hereto agree that, at the COUNTY's option, the COUNTY may record this Agreement
among the Land Records of Baltimore County, in which event this Agreement, and the terms, obligations,
covenants and conditions contained herein shall run with the land and shall be binding upon and inure to
the benefit of the parties' respective successors, personal representatives, heirs and assigns.

10. BINDING ON HEIRS AND ASSIGNS

This Agreement shall be binding upon the parties hereto, their successors, personal
representatives, and heirs and assigns.

11. REMEDIES

If This Agreement is violated in any manner by the APPLICANT or PROPERTY OWNER, the
COUNTY may pursue all available remedies, whether legal or equitable, provided for by applicable law.
rev. 10/01/2004
page 4
No remedy herein conferred upon or reserved to the COUNTY is intended to be exclusive of any
otherremedies provided for in this Agreement or by law, and each and every such remedy shall be
cumulative, and shall be in addition to every other remedy given under this Agreement, or now or hereafter
existing at law or in equity or by statute. Every right, power and remedy given to the COUNTY may be
exercised from time to time as often as may be deemed expedient by the COUNTY. If a lawsuit is
required to be instituted due to the default of any party, the APPLICANT and PROPERTY OWNER
consent to be subject to the jurisdiction of the appropriate court of law located within Baltimore County,
Maryland.

12. NO ASSIGNMENT

This Agreement cannot be assigned to a separate person or entity without the written approval of
the COUNTY. As a condition of its approval, the COUNTY may require the execution of a new public
works agreement.

13. APPLICABLE LAW

This Agreement shall be given effect and shall be governed by and construed in all respects in
accordance with the laws of the State of Maryland.

14. PREPARATION OF AGREEMENT

This Agreement is intended to repeat verbatim the language contained in the Master Public
Works Agreement, revision date 10/01104, maintained by the DPDM DIRECTOR. Any inconsistencies
between the form of this Agreement and the Master Public Works Agreement shall be resolved in favor of
the Master Public Works Agreement.

15. EXECUTION OF AGREEMENT

This Agreement may be executed in any number of counterparts and by different parties hereto in
separate counterparts, each of which, when so executed and delivered shall be deemed to be an original
and all of which taken together shall constitute but one and the same instrument.

WHEREFORE, the Parties hereto have caused this Agreement to be executed individually or by
their duly authorized representatives, as the case may be.

FOR THE APPLICANT:


Owings Mills Transit, LLC
By Brown OMT, LLC neral Manager
Witness/Attest

~;~
Print or Type Name:
1>f4Jbte Khne,
By WH/OM, LLC, General Manager

~~~e N a ~ d ~ =c~ (SEAL)


Type Title: General Manager
Date: _ ____,'l,_,/1-'",f'-'oc..cl,_ _ _ _ _ _ _ _ __

rev. 10/01/2004
page 5
FOR THE PROPERfY OWNER (S}
Witness/Attest

By; _ _ _ _ _ _ _ _ _ _ _ _ _(,SEAL)
Print or Type Name: Type Name;
Type Title:
Date:

FOR BALTl MORE COUNTY

Recommended for approval:

Approved for Legal Form and Sufficiency•

Assistant County Attorney Date


7\d-0-
• Approval of legal form and sufficiency does not convey
approval or disapproval of the substantive nature of this
transaction. Approval is based upon typeset document.
All modifications require re-submission for re-approval.

APPROVED:

Received by the Department of Permits and Development Management 9 / 1-z...{ (:, 0


Survey made and plans prepared by Matis Warfield, Inc _ _ _ _ _ _ _ _ __

PWANO.

rev. 1010112004
page_ 6
Public Works Agreement No. _ _ _ _ _ _ _ _ _ __ Dated: _ _ _ _ __

Development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

EXHIBIT A

Names of roads to be constructed:

1. ROAD A

From: 1-795 SOUTHBOUND RAMP (2.000 ft+/- WEST OF PAINTERS MILL ROAD}

To: PAINTERS MILL ROAD

Length: 2 000 FT+/-

2. ROAD B

From: PROPOSED ROAD A

To: 1-795 NORTHBOUND RAMP (600 ft+/- NORTH OF VEHICULAR TUNNEL UNDER 1-795)

Length: 1 300 FT+/-

3.

From:

To:

Length: _ _ _ _ _ _ _ _ _ __

4.

From:

To:

Lenglh: _ _ _ _ _ _ _ _ _ __

5.

From:

To:

Length: _ _ _ _ _ _ _ _ _ __

rev. 10/01/2004
page7
PWA Number
BALTIMORE COUNTY
PUBLIC WORKS AGREEMENT ESTIMATE SHEET

DEVEWPMENT NAME Metro Center at Owings Mills


SANITARY SEWER MAINS· SIZE LINEAR FEET UNITPRJCE TOTAL
8" 853 $50 $42,650
10" 762 $50 $38,100
12" 300 $50 $15,000
12" 1 200 $150 $180,000
MANHOLES 17 $2,500 $42,500
SANITARY SEWER CONNECTIONS SIZE NUMBER UNITPRJCE TOTAL

WATER MAINS SIZE LINEAR FEET UNITPRJCE TOTAL


J:._ 212 $35 $7,420
__.1E_ 2614 $45 $117,630
~ ~ $270 $151,200
2-8" F.M.meter $30,000 $60,000
3-12" F.M.meter $30,000 $90,000

WATER SERVICES SIZE NUMBER UNITPRJCE TOTAL

STORM DRAINAGE PIPE SIZE LINEAR FEET UNITPRJCE TOTAL


24" 300 $50 $15,000

_112_ _2illL $80 $24,000


. 36" 1514 $200 $302,800

STRUCTURES 37 $3,500 $129,500


PUBLIC ROADS
CONCRETE CURB AND GUTTER 7 000 LINEAR FEET X $25 TOTAL $175,000
BITUMINOUS CURB _ _ _ LINEAR FEET TOTAL. _ _ __

BITUMINOUS CONCRETE PAVING 18,418 SQ. YARDS X $40 TOTAL $736,720


CONCRETE PAVING _ _ _ SQ.YARDS TOTAL

STREET LIGHTS # OF LIGHTS TOTAL


SIDEWALKS _ _ _ LINEAR FEET TOTAL
LANDSCAPING TOTAL
TRAFFIC SIGNALS 2 X $150,000 TOTAL $300,000

GRAND TOTAL $ 2,427,520


ENGINEER'S CERTIFICATION·
I certify that these estimates have been prepared based on the approved CRG or Development Plan and with county approved unit prices at
minimum. Where construction must be done in existing paved roads deep cuts or other extraordinary circumstances unit prices have been
\\\\\1111111111
OfESSIQ: 1111;~
revised upward as necessary ~ .
., .·
1
• .-
/2~~
~,,/ ,,, "'l>~~..........~'•:-,iz"..-:
,,,,,\

""""1.• ....fa.,
Signed _ _ .,.._.,:;..-,c_____· - - - - - - ~ ~ : _ _ : , / , c , _ , _ _ j f,.j, .21162 ;.~,,
Stephen A. Warfield, P.E / Date ii?:,-,,
:: W' :
= :~ G::i =
~7
APPROVED BY PDM BUREAU OF DEVEWPER'S PLAN REVIEW = '<" Q::l ::
~ 01 \-1- ' ..~/ §
~ C. 1I 1 /t16 %J'i:;/·3/.!H9~~·~·'.fro/
Revised 6/22/98 estimate sheet only
"\l\c..L- q,., IOf, ,,,,,,,11OF Mf>,.'r-'11:;.,"''
11111111 \\ 1
Development Events for the Project and Associated Costs

Development Event Date Associated Type of Cost Waived


Cost
Concept Plan 03/07/05 $667.00 Development Fee No
Development Plan 05/12/05 $18,330.00 Development Fee No
Master Agreement 06/08/05 N/A N/A N/A
Phase II Fees for East Garage 08/24/05 $7,580.00 Development Fee No
Environmental Agreement #280-05 for Garage #1 12/09/05 $71,121.00 Security No
Phase II Fees for West Garage 09/28/06 $2,347.00 Development Fee No
Public Works Agreement 10/04/06 N/A N/A N/A
Environmental Agreement #003-07 for Garage #2 01/05/07 $59,033.00 Security No
Phase II Fees for South Site (232 Apartments) 05/08/07 $19,208.00 Development Fee No

Utility Agreement #10143 UAO for Phase II Security &


07/27/11 $996,753.00 Yes
Sewer and Water Inspection Fees
Right-of-Way Agreement #10144 RAO for Security &
07/27/11 $1,780,693.00 Yes
Phase II Roads Inspection Fees
Environmental Agreement #2011-00069 for
09/13/11 $235,880.80 Security Yes
South Parcel
Utility Agreement #6359 UAO for Sewer for Security &
10/12/11 $206,125.001 Yes
Garage #1 Inspection Fees
Environmental Agreement #2014-00080 for
05/07/14 $91,878.50 Security Yes
North Parcel
Phase II Fees for North Site 04/25/18 $6,517.002 Development Fee Yes
Security &
Utility Agreement #18308 UAO for Storm Drains 06/11/19 $6,698.04 Yes
Inspection Fees
Right-of-Way Agreement #18309 RAO for South Security &
06/11/19 $7,951.32 Yes
Site Inspection Fees
Security &
Right-of-Way Agreement #18329 RAO for Hotel 06/11/19 $13,506.72 Yes
Inspection Fees
Development Plan and Phase II Fees for Hotel N/A $7,636.003 Development Fees Yes
Environmental Agreement #2020-00105 for
09/11/20 $1,481.00 Security Yes
North Parcel

1
On or about November 7, 2006, the Developer paid $206,125 in security and $11,440 in related inspection fees pursuant to Utility
Agreement #6359 UAO. However, because the security was returned to the Developer on or about October 12, 2011 at Jablon’s
direction, it is included as a waiver. There is no indication the inspection fees were refunded.
2
The total fee was $9,573.00, but only $3,056.00 was paid on February 19, 2010. The balance of $6,517.00 was waived by Jablon on
April 25, 2018.
3
There is no record of a development plan fee or a phase II fee for the hotel portion of the Project in Development Management’s
database. The project manager believes these fees for the hotel were waived. For purposes of this analysis, the development plan and

Exhibit 3
phase II fees should have been $2,520.00 and $5,116.00 respectively based on 1.612 acres of disturbance.
1 I 1 West Chesapeake Ave. 410-887-3321
Towson, Md. 2 J204 410-887-2877 (fax)

To: Matis/Warfield August 20, 2010

From: ~ da Payne
~lopment Management

Re: Metro Center@Owings Mills Phase 2


10143 UAO & 10144 RAO

This office has reviewed your submittal. The Exhibits have been approved and signed.
Please make corrections as shown on the marked up agreement if necessary. Once the corrections
have been made, please have your client execute the agreements and resubmit the following:

l. ,/ 2 originals and 6 copies of each agreement with the approved exhibits, and
· '·"' _,..--developer's insurance certificate stapled to the back of each agreement••••••
yt.1SS-".:; · (also return the marked up drafts) _
· 2. "JO folded prints of each approved sewer drawing.
12 folded prints of each water drawing.
,; 8 folded prints of each approved storm drain drawing.
" 8 folded prints of each approved road drawing.
(all prints must be folded and have the agreement number written on the bottom
right hand comer above the job order number)
An inspection fee in the amount of $167,675.00 is required for the processing of
the agreements. A three part miscellaneous receipt, number 54668, is attached to
this letter. That invoice must be used to pay the inspection fees at the Cashiers
Office located in the Office of Finance, first floor County Courthouse, 400
Washington Avenue, Towson, Md., 21204. Return the pink copy of the
VALIDATED counter cash invoice to the attention ofBretida Payne in this
office, room 123 County Office Building
4. .A copy of your receipt for payment of meter fees and system charges. Please
contact the Division of Pennits and Licenses at 410-887-3900 for infonnation
regarding these foes,
Securities in the amount of $936,48 l for utility agreement and $ I ,673 ,290.00 for
Exhibit 4A

the right of way agreement. See samples of letters of credit attached.


6, ✓ six (6) copies of the State Highway Administration utility pennit.
7. '< One copy of the approved estimates.
Once these items have been received, we will process them accordingly and notify you
that you may contact the Depa1iment ofpublic Works (DPW) Constrnction Contracts
Administration for a notice to proceed. PLEASE BE ADVISED THAT WORK
COVERED BY THIS AGREEMENT MAY NOT PROCEED WITHOUT A
WRITTEN AUTHORIZATION (NOTICE-TO-PROCEED) FROM DPW. lfyou
have any questions please contact me at 410-887-3321.

*****PLEASE NOTE THAT INFORMATION ON THE INSURANCE CERT MUST


BE TYPED*****

c: file
l 11 West Chesapeake Ave. 410-887-3321
Towson, Md. 21204 410-887-2877 (fax)

To: Matis/Warfield August 20, 2010

From: · Brenda Payne


Development Management

Re: Metro Center@ Owings Mills Phase 2


10143 UAO & 10144 RAO

This office has reviewed your submittal. The Exhibits have been appl'Oved and signed.
Please make cmTections as shown on the marked up agreement if necessary. Once the conections
have been made, please have your client execute lhe agreements and resubmit the following:

l. 2 originals and 6 copies of each agreement with the approved exhibits, and
developer's insurance certificate stapled lo the back of each agreement****'*
(also return the marked up drafts)
2. 10 folded prints of each approved sewer drawing.
12 folded prints of each water drawing.
8 folded prints of each approved storm drain drawing.
8 folded prints of each approved road drawing.
(all prints must be folded and have the agreement number written on the bottom
right hand comer above the job order number)
An inspection fee in the amount of$167,675.00 is required for the processing of
the agreements. A three patt miscellaneous receipt, number 54668, is attached to
this letter. That invoice must be used to pay the inspection fees at the Cashiers
Office located in the Office of Finance, first floor County Courthouse, 400
Washington Avenue, Towson, Md., 21204. Retum the pink copy of the
VALIDA TED counter cash invoice to the attention of Brenda Payne in this
office, room 123 County Office Building
4. .A copy of your receipt for payment of meter fees and system charges. Please
contact the Division of Permits and Licenses at 410-887-3900 for information
regarding these fees.
Exhibit 4B

Secudties in the amount of$936,481 for utility agreement and $1,673,290.00 for _

6.
the right of way agreement. See samples of letters of credit attached.
Six (6) copies of the State Highway Administration utility permit. /V
I! f0
{;v

7. One copy of the approved estimates.


Once these items have been received, we will process them accordingly and notify you
that you may contact the Department of Public Works (DPW) Construction Conb·acts
Administration for a notice to proceed. PLEASE BE ADVISED THAT WORK
COVERED BY THIS AGREEMENT MAY NOT PROCEED WITHOUT A
WRITTEN AUTHORIZATION (NOTICE-TO-PROCEED) FROM DPW. If you
have any questions please contact me at 4 J0-887-3321.

*****PLEASE NOTE THAT INFORMATION ON THE INSURANCE CERT MUST


BE TYPED**·*** .

c: file
Brenda_Payne - Fwd: Owings Mills TC Metro Center ·
l".eWll"w.~,;,.~:::-til:l.~~~l'i~~--<Wfil'<'5m,~~11w~·~~-Wr«-"~~~.;;z,.1~~~'El~~._.,...~~$.--<ifiW~~"'~"'-;,,,,i'
i . .

From: Colleen Kelly


To: Goode, Thomas; Payne, Brenda
Date: 9/9/2011 10:41 AM
Subject: Fwd: Owings Mills TC Metro Center

See information from IV.Ir. Jablon regarding the Metro Center


If you have any questions, please see me.
Thanks.
Colleen

>>> A.mold Jablon 09/08/11 4:27 PM>>>


Due tci the particular circumstances surrounding the construction of the Metro Center in Owings Mills, as it is a private/county/state
partnership, the following represents the process to be followed during construction and final close out. ·

The County will schedule a pre-construction meeting at the Owings Mills Metro Site, tied to the UA and RA executed with the utility
and road contractor. For this project only, the County will permit the outside consuitant, Hillis-Carnes, to conduct all
inspections. The Consultant must name Baltimore County as a third party insured, and must certify that all work performed
conforms to all County and/or State Standards, where applicable. Proof of the insurance must be provided to the County. While
the County will accept Sl1ch certifications from the Consultant, DPW and ESC will site visit during construction and bring to the
attention of the Consultant any issues found. DPW will make final inspections before accepting the utilities. U & 0 permits will be
depend(:mt on the certifications from Consultant, conditioned on final inspections by the County. The County will not issue Stop
Work orders w/o first consultation with the Consultant and providing opportunity to make corrections. ·

T he purpose of the pre-construction meeting is_ to make the Consultant aware of everything the County would expect to see in
making certifications. ·

T he developer is responsible.for the construction of roads and utilities, and, as indicated, also responsible for inspections. As
indicated above, the inspections will be done by Hillis-Carnes. All ccinstruction drawings typically reviewed by DPW and ESC must
be approved by the County prior to construction. The County agrees to waive LOC's and inspection fees .. After the construction o·
the utilities and roads have been completed, DPW will send an acceptance /completion letter to the devel0per and to PAI, in which
DPW will attest to th_e completion and to initiate the close out process. Currently, the close out process for commercial
d evelopment automatically begins one (1) year after: receipt of the acceptance/completion Jetter from DPW. Inasmuch as the LO(
will not be required, the close out process will begin two (2) years after the Jetter. The reviewing County agencies will then review
the certifications from the Consultant, in conjunction with their own site inspections, to determine that everything satisfies County
standards. The developer must provide all required "as built" drawings to demonstrate compliance with County requirements .and
is responsible to maintain and irisure integrity of the utilities and roads during the two (2) year period prior to the close out process
· a nd during the close out process unli/ County agencies hpve determined the requirements have been satisfied." ·
Exhibit 5A
From: Thomas Vidmar
To: Gardina, Vincent; Lykens, David
Date: 09/09/2011 10:40 AM
Subject: Re: Fwd: Owings Mills TC

There is nothing regarding acceptance process for SWM and the forest buffer plan requirements. Are we
to follow SOP, just without securities?

SWM SOP is: submission of as built plans; EPS approval; 1 Year (min) maintenance period; release of
permit upon execution of maintenance agreement.

FB SOP is: Request to inspect work; EPS approval; 3 year maintenance period; final acceptance based
on 75% survival.

105 W. Chesapeake Avenue Suite 400


Towson, MD 21204

Thomas L. Vidmar,P.E.
Deputy Director
Dept. of Environmental Protection & Sustainability
(phone )410-887 '8413 (fax)410-887 -4804
tvidmar@baltimorecou ntymd .gov
>» Vincent Gardina 09/09/2011 10: 11 AM »>
FYI
Your reaction?

»> Arnold Jablon 9/8/2011 4:27 PM >»

Due to the particular circumstances surrounding the construction of the Metro Center in Owings Mills, as
it is a private/county/state partnership, the following represents the process to be followed during
construction and final close out.

The County will schedule a pre-construction meeting at the Owings Mills Metro Site, tied to the UA and
RA executed with the utility and road contractor. For this project only, the County will permit the outside
consultant, Hillis-Carnes, to conduct all inspections. The Consultant must name Baltimore County as a
third party insured, and must certify that all work performed conforms to all County and/or State
Standards, where applicable. Proof of the insurance must be provided to the County. While the County
will accept such certifications from the Consultant, DPW and ESC will site visit during construction and
bring to the attention of the Consultant any issues found. DPW will make final inspections before
accepting the utilities. U & 0 permits will be dependent on the certifications from Consultant, conditioned
on final inspections by the County. The County will not issue Stop Work orders w/o first consultation with
Exhibit 5B

the Consultant and providing opportunity to make corrections.

The purpose of the pre-construction meeting is to make the Consultant aware of everything the County
would expect to see in making certifications.

The developer is responsible for the construction of roads and utilities, and, as indicated, also responsible
for inspections. As indicated above, the inspections will be done by Hillis-Carnes. All construction
drawings typically reviewed by DPW and ESC must be approved by the County prior to construction. The
County agrees to waive LOC's and inspection fees .. After the construction of the utilities and roads have
been completed, DPW will send an acceptance /completion letter to the developer and to PAI, in which
DPW will attest to the completion and to initiate the close out process. Currently, the close out process
for commercial development automatically begins one (1) year after receipt of the acceptance/completion
letter from DPW Inasmuch as the LOC's will not be required, the close out process will begin two (2)
years after the letter. The reviewing Couhty agencies will then review the certifications from the
Consultant, in conjunction with their own site inspections, to determine that everything satisfies County
standards. The developer must provide all required "as built" drawings to demonstrate compliance with
County requirements and is responsible to maintain and insure integrity of the utilities and roads during
the two (2) year period prior to the close out process and during the close out process until County
agencies have determined the requirements have been satisfied."
Brenda Payne - Re: 06359UAO

From: Arnold Jablon


To: bpayne@baltimorecountymd.gov
Date: 10/11/2011 8:53 AM
Subject: Re: 06359UAO

Thanks

>>> Brenda Payne 10/11/2011 7:26:24 AM >>>


Chris:

I will take care of getting the letter of credit released back to the bank and give you a copy.

Brenda

>>> Arnold Jablon 10/10/201111:48 AM>>>


I amok

>>> "Mudd, Christopher D." <CDMudd@Venable.com> 10/10/201110:18:16 AM>>>


Brenda:

I am following-up on the conversation we had last week regarding the release of the $206,125 letter of credit securing the
above-referenced Utility Agreement for the Owings Mills Metro Center project. I have spoken with Arnold and he confirmed
that he is okay with the release of this letter of credit, consistent with the arrangement for the other agreements for this
project.

I have copied Arnold on this email so that he can confirm for you that we discussed this matter and that he is agreeable the
release of the letter of credit.

If you have any questions, please contact me.

Thank you,

Chris

Christopher D. Mudd, Esq. I Venable LLP


t 410.494.6365 If 410.821.01471 m 410.271.9105
210 W. Pennsylvania Avenue, Suite 500, Towson, MD 21204

CDMudd@Venable.com I www.Venable.com

**********************************************************************
Exhibit 6

U.S. Treasury Circular 230 Notice: Any tax advice contained in this communication
(including any attachments) was not intended or written to be used,
and cannot be used, for the purpose of (a) avoiding penalties that may be imposed under the Internal Revenue
Code or by any other applicable tax authority; or (b) promoting, marketing or
recommending to another party any tax-related matter addressed herein. We provide this
disclosure on all outbound e-mails to assure compliance with new standards of
professional practice, pursuant to which certain tax advice must satisfy requirements as to
form and substance.
************************************************************************
************************************************************************
This electronic mail transmission may contain confidential or privileged information. If
you believe you have received this message in error, please notify the sender by reply
transmission and delete the message without copying or disclosing it.
************************************************************************
KEVIN KAMENETZ ARNOLD JABLON
County Executive Deputy Admi11falrative O/ficm·
Directm;Deparfmenf of Permits.
· ApprovaM & Inspections

October 12, 2011

PNC Bank, N.A.


rd
Trade Service Operations 3 Floor
500 First Ave
Pittsburgh, PA. 15219

Re: Metro Center @ Owings Mills


Garage 1
Job Order Nos. 1,3,4,5-1-1542
· Agreement No. 06359 UA0
PDM No. IV-652

Dear Sir or Madam:

Enclosed please find PNC Bank letter of credit number 18110845 which was
retained as security under the subject agreement. As a condition of this agreemenj;. no
security is required, therefore it is now in order to terminate the letter of credit.

If you have any questions regarding this matter, please contact Brenda Payne of
this office at 410-887-3321.

~
Colleen M. Kelly
Development Manager

CMK:blp
enclosure
c: Howard Brown, Owings Mills Transit, LLC, 100 Painters Mill Rd, Ste. 900, Owings
Mills, MD. 21117
file
Exhibit 7

. · Development Processing l County Office Building


11 l West ChesapeakeAvenue1 Room 1231 Towson, Maiyland 21204 / Phone 410-887-3335 / Fax 410-887-2877
www.baltimorccountymd.gov
Baltimore County, Maryland
Department Of Permits, Approvals & Inspections
Permit Processing
111 W. Chesapeake Avenue, Room 100
Towson, MD 21204

INTER-OFFICE CORRESPONDENCE

DATE: March 2J/, 2.0l(J

FROM: Karen L.• Lewis, Permit Services Supervisor

TO: Engineering Assistants

SUBJECT: Fee Waiver-DavidB. Brown Ent.

You may or may not be aware of major development in Owings Mills by David S. Brown. In view of this
continued expansion, Arnold Jablon has instructed that all building permit fees shall be waived for projects
coming in as part of the area known as Metro Centre at Owings Mills (shown on the attached map).

~eJ'/ el~ ~,,Ooh~ 0 0 I, ~ Y\'\q.,v

Thank You,

Karen

C: Terry L..Moore
Exhibit 8
BALTIMORE COUNTY, MARYLAND
Department of Permits, Approvals & Inspections
Interoffice Correspondence

Date: June 12, 2018

To: Memo to File

Subject: Owihgs Mills Metro Cehter

As a result of the mixed-use, transit-oriehted development at the Owings


Mills Metro Center ("OMMC"), which includes principal uses operated by the
Baltimore County Government, no County fees and/or securities will qe assessed
or charged to Owings Mills Transit, LLC, developer of OMMC, or to any
successor, assignee, sub-ground lessee, or phase ground lessee, in connection
with development processing and permitting for any future buildings and/or other
improvemehts, including fees associated with the review, approval, and issuance
of plans for the project;, building and/or grading permits; environmental
agreements; and utility and right-of-way agreements, for facilities constructed
within the property boundaries and public rights-of"way as shown on the
development plan for the property, known as the "Metro Center at Owings Mills",
Exhibit 9

c: PAI, Development Management


From: Arnold Jablon
Sent: Monday, June 11, 2018 9:04 PM
To: Karceski, David H.
Cc: Julie Sanders
Subject: Re: OMMC

I was u n Canada this weekend, returning tonight. Letter is good.


Julie, please reduce this to my letterhead.

Arnold Jablon

On Jun 11, 2018, at 3:35 PM, Karceski, David H.<DKarceski@Venable.com> wrote:

As a result of the mixed-use, transit-oriented development at the Owings Mills Metro Center
11 11
( 0MMC }, which includes principal uses operated by the Baltimore County Government, no County

fees and/or securities will be assessed or charged to Owings Mills Transit, LLC, developer of OMMC, or
to any successor, assignee, sub-ground lessee, or phase ground lessee, in connection with
development processing and permitting for any future buildings and/or other improvements,
including fees associated with the review, approval, and issuance of plans for the project; building
and/or grading permits; environmental agreements; and utility and right-of-way agreements, for
facilities constructed within the property boundaries and public rights-of-way as shown on the
development plan for the property, known as the 11Metro Centre at Owings Mills".

I will call you.

Thanks
David

************************************************************************
This electronic mail transmission may contain confidential or privileged information. If
you believe you have received this message in error, please notify the sender by reply
transmission and delete the message without copying or disclosing it.
************************************************************************
Exhibit 10

1
John A. Olszweski, Jr. Michael Mallinoff - Director
Co1111ty Executive Permits, Approvals & !11spectio11s

September 4, 2019

Owings Mills Transit, LLC


Attn: Howard Brown
100 Painters Mill Road
Owings Mills, MD 21117
Re: Metro Ctr. @ Owings Mills-Hotel
Contract: 18329-RAO
Job Order: 210-204-64 76
Drawing: 2018-2293

Dear Mr. Brown:

The director of PAI, Michael Mallinoff, has reviewed the matter regarding the assessment and
payment of inspection fees and securities for this project as well the performance of any inspections
normally carried out by Baltimore County on such projects. This was the subject of a memo dated
June 12, 2018. It has been determined that the necessary fees and securities will be required as
outlined below in Section B for further processing of the agreements for this project.

1. Attached is a Final Checklist:

a. Each line item is required. (Unless otherwise noted)


b. Check each box when completed.
c. Incomplete submissions will be returned thus delaying the process.

2. When all line items are completed , submit all Agreements, approved drawings and mark ups
to: Development Management, County Office Building, 111 W . Chesapeake Ave, Rm 123.
Towson, MD 21286, attention to Darryl Putty.

3. After review and approval, you will be sent an approval notification by email to retrieve the
original documents. Thereafter, you will need to set up a pre-construction meeting with the
Department of Public Works : Construction Contracts Administration to obtain a NOTICE TO
PROCEED approval.

4. REMINDER: NO WORK COVERED BY THIS AGREEMENT MAY PROCEED WITHOUT A


WRITTEN NOTICE-TO-PROCEED FROM DPW.
Exhibit 11

5. If you have any questions best way for contact is email: dputty@baltimorecountymd.gov

Kindest Regards,

Darryl Putty, Project Manager


Development Management

rev 4/ 19/ 16
Final Checklist
Section A

□ Review the "MARK UP COPY" of the Agreement and/or plans and make the
proper revisions.

□ Verify each contractor(s) doing the work is pre-qualified with Baltimore County by
using the county website. The contractor must be qualified for the specific work
classification as denoted in Exhibit A, pg.4 of the Agreement (e.g. A1 , F2, etc).

LINK: http://www.baltimorecountymd.gov/Agencies/pu blicworks/contracts/overview. html

□ Submit 1-copy of the webpage as an exhibit. Highlight the contractors name and
work classification.

NOTE:
o 1) If your contractor(s) is not listed in this website, contact Kathy McHenry
of DPW for more information 410-887-3531.

o 2) If the contractor is approved, and not listed, submit approval


documentation from DPW with your packet.

o 3) If an asterisk " • " is next to a work classification (example: F-1*), verify


with DPW if your contractor is permitted to do this project.

□ Complete page-3 of the 'Pre-Qualified Contractor's Certificate of Insurance' form.


Only page-3 is required for the Agreements. The contract number and project
name must be on the

certificate. Use the link below


http://resources.baltimorecountymd.gov/Documents/Permits/Development/insuran
cecertcontractors. pdf

In lieu of the above, provide and Accord from the insurer. All information listed
above must be on the Accord.

□ Create 2-signed original sets of the Agreements by using Mark Up Copy:


(All lines must be TYPED other than signatures)
a. Revising page-1 and page-2;
b. Obtain required applicant and witness signatures on page-3
c. Attach page-4, Exhibit A
d. Attach page-3 of the Insurance Certificate for Prequalified Contractor or
Accord from Insurance Company.

□ Make ?-copies of the signed RA.

□ In total, submit: 2-original and 7-copies of each agreement.

Note: Each copy of the Agreement should consist of the pages 1-4 of the
Agreement, and page 3 of the contractor's insurance certification. Do not attach
any other documents.

rev 4/19/16
Section B

□ 2-copies of the "Cost estimates" approved by DPR.

□ A payment of $816. 72 for the inspection fees required to for the utility and/or right
away agreement. A pre-printed, three part miscellaneous (#185855) receipt has
been attached to this letter.

□ Return the pink copy of the VALIDATED counter cash receipt with submittal.

Payment made at: Cashiers Office, Room 151 , Historic Courthouse,


400 Washington Ave, Towson, MD. 21204.

□ Security payments in the amount of $12,690 for 18329-RAO.

a) Payment type Only: Certified Bank Check or Letter of Credit.

b) If by check, name and mailing address of remitter must be on the check.

Letter of Credit please use link below for more information


http://resources. balti morecountymd .gov/Documents/Permits/DevelopmenU
letcreditua.pdf

(All prints must be folded & have the Agreement number typed on the lower right hand
corner above the job order number)

rev 4/ 19/ 16
Section C

Corporate Checklist

**CAREFULLY READ AND FOLLOW INSTRUCTIONS BELOW**

**An attorney will be helpful to properly complete the items below**

□ A Certificate of Status from SDAT OR a copy of the relevant formation document


for the applicant Corporation, Limited Liability Company, Partnership, Limited
Partnership, Organization and/or Trusts.

(For example: for a Corporation, the Articles of Incorporation would be


required; for a Limited Liability Company, the Article of Organization would
be required, etc.)

□ A copy of the relevant corporate document governing distribution of authority


among elected officers, members, general partners, etc. for the applicant.

□ The signee on page 3 of the Agreement must be an authorized person so


identified in the requested corporate documents.

□ **Title of signee (i.e. position in the company), as indicated in the corporate


documents and the signed Agreement, must match on page 3-Agreement and
corporate documents**

□ (Check if applicable) If a letter of authorization is also submitted GRANTING the


signee authority to legally bind the company in contract, the authorizing agent (i.e.
director, president, general partner, etc.) must possess the right to designate an
authorized agent evidenced within the corporate documents. However, the person
authorizing the letter cannot be the same person receiving the authority to sign
the Agreement.

□ Highlight page & paragraph stating the person's authority. Failure to do so will
delay the process.

OR

□ In lieu of the above, we will accept a Certificate of Authority Letter signed by


attorney and notarized--stating the attorney has read all the corporate related
documents; and the signee has the authority to bind the company to this contract.

□ Return the "Mark Up Cogy" of Agreement with packet

□ Return Checklist with packet

End of Checklist

rev 4/1 9/16


-------··· . ~·
· Fro~: Cameron L Jolley <cjolley@baltimorecountymd.gov>
Sent: Monday, August 31, 2020 3:35 PM
To: John Bryan <JBryan@baltimorecountymd.gov>
Cc: Michael Mallinoff <mmallinoff@baltimorecountymd.gov>
Subject: Permit fees for hotel

John,
Was just curious about some fees. Jen was processing a low voltage electrical permit at the hotel at
10101 Grand Central Station. She looked up the building permit and saw the fee was waived. The fee
was $36,000. Our permit should be in the range of $500 to $1,000. I know the property is showing to
be owned by the MTA, however this is a hotel. A huge hotel at that, 229 rooms. We will be doing
well over 100 inspections for electrical alone there. Originally they were to get a third party to
inspect the place. (You know how I feel about third party inspections) However they found out that
the company they hired was charging $400/ hour. The builder has since let that company go and
now wants us to do the inspections. Of course, that makes sense we're not charging anything. With
our budget the way it is it seems odd that we will be sending multiple inspectors to this site several
hundred times and not getting anything from it. Typically we don't do inspections on city, state or
federal property.
Just a thought. I wasn't sure if anyone realized row this is working out

LeeJo{[ey
Chief Electrical Inspector
Baltimore County Government
(410) 887-3960
CJolley@BaltimoreCountymd.gov
111 W Chesapeake ave
Towson, Md 21204
Exhibit 12

EVERYONE COUNTS
Fro~: Michael Mallin◊ff
Sent: Friday, September 25, 2020 11 ;50 AM
To: Ka.ren L Lewis; Peggy White
Cc: Kristin King
Subject: JW: Metro Center Plumbing fees

'P!~as/i
. . J kn.ow the Pl.um bing permit fees are waived in this pr<>jett.
l~t ~rP.
.

Mik!;?

From: Krl~tln l<i)1g <kking@baitim<>recountymd.gov>


Sent: Friday, September 25, 202() 10:53 AM ·
To: Michael Mailitioff<mrnallinoff@baltiinorecountymd;gov>
Cc: DrewVetter <dvettiir@baltinwre~ou,ityrnd.gov>
Subject: RE: Metro Center Plumbing fees

Drew said that this administration h~s previoµsly agreed to Uphold the prior admhiistralion's arrangement
regardin~ Metro Ct3nter,,So ~ plumblrm fee waiverJtisl, · ·

From.: Mich,iei Mallinoff <rnmallinoff@baltimorecountymd.gov>


SeQt: friclay;Septernber 25 2020}J:37 AM
To: Kristin King <kking@baftimorecountvmd.gov>
Cc: Drew Vetter-;:dvetter@baltimorecountvmd,gov>
Subject:. M.etro Cen'ter'l>itirn~il)g fees

Kristin:

Any \lPdate on this? Dal(id Karceski just phoned.

Mike

Michael D. Mallinoff, Director


l'errnits;Approvals ancl Inspections
Baltimore County Government
County Office Building
1.11 West Ches~peoke Aven!le, Rooinl0S
Towson,Maryland :ti2b4
t. 410Cll87c335.3
Exhibit 13

f. 4iti-887,5708

1
/~----------:-------------~~~------------
Terry L Moore

r(om: / Michael Mallinoff


'
Sent: Friday, September 25, 2020 1:23 PM
To: Terry L Moore
Cc: Karen L Lewis;· Earl D Wrenn; Peggy White
Subject: RE: Metro Center - Mass Transit

Terry:

The administration wants all building and trades fees waived per an earlier agreement by my predecessor. This
does not of course include the metro related meter charges.

Mike

-----Original Message.-----
From: TerryL Moore <TLMoore@baltimorecountymd.gov>
Sent: Friday, September 25, 2020 1 :19 PM
To: Michael Mallinoff <mmallinoff@baltimorecountymd,gov>
'.c: Karen L Lewis <KLLewis@baltimorecountymd.gov>; Earl D Wrenn <EWrenn@baltimorecountymd.gov>;
Peggy White <pwhite@baltimorecountymd.gov>
Subject: FW: Metro Center - Mass Transit'

Michael,

Please see attachment for a copy of an e-mail that was sent to Earl Wrenn_ because he is the one processing
t he permit for the Marriott Hotel. As you know several months ago this issue came up and we confirmed with
y ou that the only fees that would be waived would be for building perm11s only. We were told to continue to
c harge for the electric and plumbing. Will you please confirm one way or the other so that we know how to
p roceed.

Gratefully,
Exhibit 14

Terry L Moore
P ermit Processing Coordinator
111 W_Cf;JesapeakeAvenue, Room JOO
T owson MD 21204
4 10-887-4478

1
Building, Electrical, and Plumbing Permits for the Project

Yellow = Fee Waived White = Fee Paid

Permit Number Date of Application Fee


Building Permits
B840300 03/21/14 $162.00
B840964 08/28/14 $400.00
B840965 03/28/14 $48.00
B844201 05/02/14 $86.00
B845890 05/19/14 $352.00
B854454 08/15/14 $75.00
B855066 08/22/14 $212.00
B857960 09/18/14 $212.00
B859619 10/07/14 Unknown A
B859699 10/07/14 $212.00
B863128 11/13/14 $50.00
B865164 12/05/14 $979.00
B869117 02/03/15 $86.00
B870619 02/24/15 $86.00
B880204 06/05/15 $181.00
B882984 06/30/15 $162.00
B884888 07/22/15 $86.00
B885054 07/24/15 $50.00
B888791 09/03/15 $21,242.00
B897649 12/03/15 $596.00
B898537 12/11/15 $75.00
B905168 02/26/16 $149.00
B913500 05/10/16 $588.00
B923370 08/04/16 $394.00
B923956 08/10/16 $200.00
B928369 07/21/17 $207.00
B930133 12/14/16 $86.00
B930285 12/16/16 $50.00
B930289 12/16/16 $50.00
B931012 01/11/17 $75.00
B932074 02/15/17 $291.00
B932911 03/13/17 $50.00
B933035 03/16/17 $86.00
B936864 06/19/17 $238.00
B936866 06/19/17 $906.00
B938269 07/21/17 $207.00
B938505 07/31/17 $86.00
B938845 08/09/17 $200.00
B939177 08/18/17 $50.00
B939369 08/24/17 $16,560.00

Exhibit 15
Permit Number Date of Application Fee
B943394 01/11/18 $135.00
B943608 01/19/18 $86.00
B946309 05/04/18 $2,101.00
B946745 04/19/18 $48.00
B946855 04/23/18 $212.00
B949588 06/29/18 $354.00
B950603 08/01/18 $86.00
B950652 08/02/18 $86.00
B951188 08/16/18 $86.00
B951897 09/07/18 $537.00
B952105 09/13/18 $201.00
B952166 09/14/18 $3,000.00
B952773 10/04/18 $86.00
B953222 10/18/18 $200.00
B953844 11/13/18 $299.00
B954482 12/04/18 $91.00
B954854 12/19/18 $244.00
B955546 01/18/19 $34.00
B956008 02/06/19 $8,512.00
B956310 02/19/19 $313.00
B957667 04/01/19 $666.00
B958576 04/23/19 $240.00
B959026 05/06/19 $91.00
B960037 05/30/19 $91.00
B960283 06/05/19 $2,716.00
B960543 06/12/19 $91.00
B962323 07/31/19 $135.00
B964745 10/15/19 $200.00
B964757 10/15/19 $366.00
B964904 10/18/19 $200.00
B966688 01/02/20 $212.00
B966948 01/15/20 $91.00
B967314 01/28/20 $36,012.00
B969866 06/19/17 $91.00
B971758 07/23/20 $528.00
B971777 07/23/20 $598.00
B974150 09/08/20 Unknown A
B974156 9/8/2020 $0.00
B976914 11/18/20 $91.00
B978227 01/05/21 $1,100.00
B983222 06/04/21 $240.00
B984506 07/06/21 $294.00
B984507 07/06/21 Unknown A
B986804 09/02/21 $91.00
Electrical Permits
E810831 03/13/13 $60.00
Permit Number Date of Application Fee
E817234 05/24/13 $280.00
E837081 02/05/14 $95.00
E837083 02/05/14 $95.00
E838336 02/25/14 $100.00
E840896 03/28/14 $100.00
E841247 04/02/14 $130.00
E844165 05/01/14 $100.00
E858833 09/29/14 $35.00
E866502 12/26/14 $100.00
E867282 01/09/15 $100.00
E881314 06/16/15 $0.00
E883569 07/08/15 $135.00
E884948 07/23/15 $190.00
E887155 08/17/15 $0.00
E887156 08/17/15 $0.00
E891800 10/06/15 $675.00
E893536 10/22/15 $0.00
E921965 07/25/16 $100.00
E930037 11/14/16 $155.00
E931869 01/06/17 $0.00
E932735 01/30/17 $100.00
E934814 03/21/17 $60.00
E939972 07/07/17 $35.00
E940774 07/25/17 $0.00
E941043 07/31/17 $0.00
E941044 07/31/17 $0.00
E943599 09/28/17 $0.00
E944748 10/24/17 $70.00
E944961 10/31/17 $100.00
E945706 11/20/17 $0.00
E946352 12/07/17 $300.00
E946354 12/07/17 $100.00
E946376 12/08/17 $0.00
E947379 01/10/18 $100.00
E952257 05/09/18 $100.00
E953962 06/19/18 $735.00
E955100 07/17/18 $100.00
E957243 09/05/18 $35.00
E957900 09/20/18 $105.00
E958506 10/09/18 $220.00
E959972 11/20/18 $100.00
E961924 01/23/19 $136.00
E964300 04/02/19 $40.00
E965243 04/25/19 $138.00
E965244 04/25/19 $138.00
E965246 04/25/19 $138.00
Permit Number Date of Application Fee
E965248 04/25/19 $138.00
E965249 04/25/19 $138.00
E965250 04/25/19 $138.00
E965251 04/25/19 $138.00
E965252 04/25/19 $138.00
E965255 04/25/19 $138.00
E965256 04/25/19 $138.00
E965257 04/25/19 $138.00
E965260 04/25/19 $138.00
E965261 04/25/19 $138.00
E965262 04/25/19 $138.00
E965294 04/25/19 $138.00
E965295 04/25/19 $138.00
E965296 04/25/19 $138.00
E965297 04/25/19 $138.00
E965298 04/25/19 $138.00
E965299 04/25/19 $138.00
E965300 04/25/19 $138.00
E965301 04/25/19 $138.00
E965307 04/25/19 $138.00
E965308 04/25/19 $138.00
E965309 04/25/19 $138.00
E965310 04/25/19 $138.00
E965360 04/26/19 $138.00
E965362 04/26/19 $138.00
E965363 04/26/19 $138.00
E965367 04/26/19 $138.00
E965369 04/26/19 $138.00
E965370 04/26/19 $138.00
E965372 04/26/19 $138.00
E965374 04/26/19 $138.00
E965377 04/26/19 $138.00
E965380 04/26/19 $138.00
E965382 04/26/19 $138.00
E965383 04/26/19 $138.00
E965409 04/26/19 $138.00
E965410 04/26/19 $138.00
E965411 04/26/19 $138.00
E965412 04/26/19 $138.00
E965413 04/26/19 $138.00
E965414 04/26/19 $138.00
E965416 04/26/19 $138.00
E965422 04/26/19 $138.00
E965424 04/29/19 $138.00
E965425 04/29/19 $138.00
E965426 04/29/19 $138.00
Permit Number Date of Application Fee
E965431 04/29/19 $138.00
E965432 04/29/19 $138.00
E965434 04/29/19 $138.00
E965436 04/29/19 $138.00
E965437 04/29/19 $138.00
E965438 04/29/19 $138.00
E965439 04/29/19 $138.00
E96544 04/29/19 $138.00
E965440 04/29/19 $138.00
E965443 04/29/19 $138.00
E965445 04/29/19 $138.00
E965446 04/29/19 $138.00
E965447 04/29/19 $138.00
E965448 04/29/19 $138.00
E965449 04/29/19 $138.00
E965450 04/29/19 $138.00
E965451 04/29/19 $138.00
E965452 04/29/19 $138.00
E965453 04/29/19 $138.00
E965454 04/29/19 $138.00
E965455 04/29/19 $138.00
E965456 04/29/19 $138.00
E965458 04/29/19 $138.00
E965460 04/29/19 $138.00
E965461 04/29/19 $138.00
E965462 04/29/19 $138.00
E965464 04/29/19 $138.00
E965465 04/29/19 $138.00
E965466 04/29/19 $138.00
E965467 04/29/19 $138.00
E965468 04/29/19 $138.00
E965469 04/29/19 $138.00
E965470 04/29/19 $138.00
E965473 04/29/19 $138.00
E965475 04/29/19 $138.00
E965476 04/29/19 $138.00
E965490 04/29/19 $138.00
E965492 04/29/19 $138.00
E965493 04/29/19 $138.00
E965494 04/29/19 $138.00
E965496 04/29/19 $138.00
E965497 04/29/19 $138.00
E965498 04/29/19 $138.00
E965500 04/29/19 $138.00
E965502 04/29/19 $138.00
E965504 04/29/19 $138.00
Permit Number Date of Application Fee
E965506 04/29/19 $138.00
E965507 04/29/19 $138.00
E965508 04/29/19 $138.00
E965509 04/29/19 $138.00
E965511 04/29/19 $138.00
E965512 04/29/19 $138.00
E965513 04/29/19 $138.00
E965514 04/29/19 $138.00
E965515 04/29/19 $138.00
E965516 04/29/19 $138.00
E965517 04/29/19 $138.00
E965518 04/29/19 $138.00
E965519 04/29/19 $138.00
E965525 04/30/19 $138.00
E967474 06/19/19 $225.00
E967952 06/27/19 $40.00
E968541 07/16/19 $113.00
E969298 08/01/19 $113.00
E969453 08/06/19 $113.00
E970164 08/23/19 $113.00
E970409 08/29/19 $113.00
E974278 11/25/19 $113.00
E974298 11/25/19 $181.00
E974299 11/25/19 $113.00
E974711 12/09/19 $34.00
E975557 01/10/20 $113.00
E975574 01/10/20 $68.00
E976298 01/31/20 $40.00
E976829 02/18/20 $68.00
E979173 05/20/20 Unknown A
E983074 09/23/20 $282.00
E988140 03/17/21 $225.00
E988366 03/24/21 $113.00
E988537 03/29/21 $113.00
E989468 04/22/21 $113.00
E989691 04/28/21 $113.00
E989757 04/30/21 $102.00
E991800 06/24/21 $102.00
E992470 07/12/21 $177.00
E993003 07/23/21 $40.00
E994094 08/25/21 $80.00
E994202 08/27/21 $120.00
E995161 09/27/21 $245.00
E995162 09/27/21 $245.00
E995163 09/27/21 $245.00
E995165 09/27/21 $245.00
Permit Number Date of Application Fee
E995170 09/27/21 $245.00
E995171 09/27/21 $245.00
E995172 09/27/21 $245.00
E995173 09/27/21 $245.00
E995174 09/27/21 $245.00
E995175 09/27/21 $245.00
E995177 09/27/21 $245.00
E995179 09/27/21 $245.00
E995181 09/27/21 $245.00
E995182 09/27/21 $245.00
E995183 09/27/21 $245.00
E995183 09/27/21 $245.00
E995184 09/27/21 $245.00
E995185 09/27/21 $245.00
E995186 09/27/21 $245.00
E995190 09/27/21 $245.00
E995191 09/27/21 $245.00
E995192 09/27/21 $245.00
E995194 09/27/21 $245.00
E995196 09/27/21 $245.00
E995197 09/27/21 $245.00
E995199 09/27/21 $245.00
E995200 09/27/21 $245.00
E995201 09/27/21 $245.00
E995202 09/27/21 $245.00
E995203 09/27/21 $245.00
E995204 09/27/21 $245.00
E995205 09/27/21 $245.00
E995206 09/27/21 $245.00
E995207 09/27/21 $245.00
E995208 09/27/21 $245.00
E995208 09/27/21 $245.00
E995209 09/27/21 $245.00
E995210 09/27/21 $245.00
E995211 09/27/21 $245.00
E995212 09/27/21 $245.00
E995213 09/27/21 $245.00
E995214 09/27/21 $245.00
E995215 09/27/21 $245.00
E995216 09/27/21 $245.00
E995218 09/27/21 $245.00
E995219 09/27/21 $245.00
E995220 09/27/21 $245.00
E995221 09/27/21 $245.00
E995222 09/27/21 $245.00
E995223 09/27/21 $245.00
Permit Number Date of Application Fee
E995224 09/27/21 $245.00
E995225 09/27/21 $245.00
E995226 09/27/21 $245.00
E995227 09/27/21 $245.00
E995228 09/27/21 $245.00
E995229 09/27/21 $245.00
E995230 09/27/21 $245.00
E995231 09/27/21 $245.00
E995251 09/27/21 $245.00
E995252 09/27/21 $245.00
E995253 09/27/21 $245.00
E995254 09/27/21 $245.00
E995255 09/27/21 $245.00
E995256 09/27/21 $245.00
E995257 09/27/21 $245.00
E995259 09/27/21 $245.00
E995260 09/27/21 $245.00
E995261 09/27/21 $245.00
E995262 09/27/21 $245.00
E995264 09/27/21 $245.00
E995265 09/27/21 $245.00
E995266 09/27/21 $245.00
E995267 09/27/21 $245.00
E995268 09/27/21 $245.00
E995269 09/27/21 $245.00
E995270 09/27/21 $245.00
E995271 09/27/21 $245.00
E995272 09/27/21 $245.00
E995273 09/27/21 $245.00
E995274 09/27/21 $245.00
E995275 09/27/21 $245.00
E995276 09/27/21 $245.00
E995277 09/27/21 $245.00
E995278 09/27/21 $245.00
E995280 09/27/21 $245.00
E995281 09/27/21 $245.00
E995283 09/27/21 $245.00
E995284 09/27/21 $245.00
E995285 09/27/21 $245.00
E995286 09/27/21 $245.00
E995287 09/27/21 $245.00
E995288 09/27/21 $245.00
E995289 09/27/21 $245.00
E995290 09/27/21 $245.00
E995291 09/27/21 $245.00
E995292 09/27/21 $245.00
Permit Number Date of Application Fee
E995293 09/27/21 $245.00
E995294 09/27/21 $245.00
E995295 09/27/21 $245.00
E995295 09/27/21 $245.00
E995296 09/27/21 $245.00
E995297 09/27/21 $245.00
E995298 09/27/21 $245.00
E995299 09/27/21 $245.00
E995300 09/27/21 $245.00
E995301 09/27/21 $245.00
E995302 09/27/21 $245.00
E995303 09/27/21 $245.00
E995304 09/27/21 $245.00
E995305 09/27/21 $245.00
E995306 09/27/21 $245.00
E995307 09/27/21 $245.00
E995308 09/27/21 $245.00
E995308 09/27/21 $245.00
E995309 09/27/21 $245.00
E995310 09/27/21 $245.00
E995311 09/27/21 $245.00
E995312 09/27/21 $245.00
E995314 09/27/21 $245.00
E995315 09/27/21 $245.00
E995316 09/27/21 $245.00
E995317 09/27/21 $245.00
E995318 09/27/21 $245.00
E995319 09/27/21 $245.00
E995320 09/27/21 $245.00
E995321 09/27/21 $245.00
E995322 09/27/21 $245.00
E995323 09/27/21 $245.00
E995330 09/27/21 $245.00
E995333 09/27/21 $245.00
E995337 09/27/21 $245.00
E995338 09/27/21 $245.00
E995339 09/27/21 $245.00
E995340 09/27/21 $245.00
E995341 09/27/21 $245.00
E995343 09/27/21 $245.00
E995344 09/27/21 $245.00
E995345 09/27/21 $245.00
E995347 09/27/21 $245.00
E995348 09/27/21 $245.00
E995349 09/27/21 $245.00
E995350 09/27/21 $245.00
Permit Number Date of Application Fee
E995351 09/27/21 $245.00
E995352 09/27/21 $245.00
E995353 09/27/21 $245.00
E995354 09/27/21 $245.00
E995356 09/27/21 $245.00
E995357 09/27/21 $245.00
E995358 09/27/21 $245.00
E995359 09/27/21 $245.00
E995360 09/27/21 $245.00
E995361 09/27/21 $245.00
E995362 09/27/21 $245.00
E995363 09/27/21 $245.00
E995364 09/27/21 $245.00
E995365 09/27/21 $245.00
E995366 09/27/21 $245.00
E995367 09/27/21 $245.00
E995368 09/27/21 $245.00
E995370 09/27/21 $245.00
E995371 09/27/21 $245.00
E995372 09/27/21 $245.00
E995373 09/27/21 $245.00
E995374 09/27/21 $245.00
E995375 09/27/21 $245.00
E995376 09/27/21 $245.00
E995377 09/27/21 $245.00
E995378 09/27/21 $245.00
E995379 09/27/21 $245.00
E995380 09/27/21 $245.00
E995381 09/27/21 $245.00
E995382 09/27/21 $245.00
E995383 09/27/21 $245.00
E995384 09/27/21 $245.00
E995385 09/27/21 $245.00
E995386 09/27/21 $245.00
E995387 09/27/21 $245.00
E995388 09/27/21 $245.00
E995389 09/27/21 $245.00
E995390 09/27/21 $245.00
E995392 09/27/21 $245.00
E995395 09/27/21 $245.00
E995396 09/27/21 $245.00
E995398 09/27/21 $245.00
E995399 09/27/21 $245.00
E995401 09/27/21 $245.00
E995402 09/27/21 $245.00
E995403 09/27/21 $245.00
Permit Number Date of Application Fee
E995404 09/27/21 $245.00
E995405 09/27/21 $245.00
E995407 09/27/21 $245.00
E995408 09/27/21 $245.00
E995409 09/27/21 $245.00
E995410 09/27/21 $245.00
E995411 09/27/21 $245.00
E995412 09/27/21 $245.00
E995413 09/27/21 $245.00
E995414 09/27/21 $245.00
E995415 09/27/21 $245.00
E995416 09/27/21 $245.00
E995417 09/27/21 $245.00
E995418 09/27/21 $245.00
E995420 09/27/21 $245.00
E995421 09/27/21 $245.00
E995422 09/27/21 $245.00
E995423 09/27/21 $245.00
E995424 09/27/21 $245.00
E995425 09/27/21 $245.00
E995426 09/27/21 $245.00
E995427 09/27/21 $245.00
E995428 09/27/21 $245.00
E995429 09/27/21 $245.00
E995430 09/27/21 $245.00
E995431 09/27/21 $245.00
E995432 09/27/21 $245.00
E995433 09/27/21 $245.00
E995434 09/27/21 $245.00
E995435 09/27/21 $245.00
E995435 09/27/21 $245.00
E995436 09/27/21 $245.00
E995437 09/27/21 $245.00
E995438 09/27/21 $245.00
E995439 09/27/21 $245.00
E995440 09/27/21 $245.00
E995441 09/27/21 $245.00
E995442 09/27/21 $245.00
E995443 09/27/21 $245.00
E995444 09/27/21 $245.00
E995445 09/27/21 $245.00
E995446 09/27/21 $245.00
E995447 09/27/21 $245.00
E995449 09/27/21 $245.00
E995450 09/27/21 $245.00
E995451 09/27/21 $245.00
Permit Number Date of Application Fee
E995452 09/27/21 $245.00
Plumbing Permits
P808783 02/15/13 $4,027.00
P809133 02/21/13 $50.00
P811967 03/25/13 $50.00
P821567 07/16/13 $86.00
P827906 10/01/13 $62.00
P827913 10/01/13 $50.00
P834497 12/23/13 $107.00
P834678 12/27/13 $207.00
P840836 03/27/14 $96.00
P844274 05/02/14 $50.00
P844275 05/02/14 $38.00
P853911 08/11/14 $26.00
P858975 09/30/14 $57.00
P865562 12/11/14 $31.00
P867041 01/06/15 $162.00
P869539 02/09/15 $320.00
P883220 07/02/15 $84.00
P886052 08/04/15 $83.00
P893611 10/22/15 $302.00
P898015 12/07/15 $52.00
P917281 06/13/16 $0.00
P928676 11/03/16 $152.00
P931875 03/17/17 $62.00
P935147 07/24/17 $57.00
P936707 09/20/17 $57.00
P938490 08/16/18 $62.00
P938904 12/05/17 $355.00
P938985 12/08/17 $26.00
P939292 12/19/17 $52.00
P940864 02/21/18 $70.00
P942672 05/02/18 $72.00
P943527 05/30/18 $204.00
P943775 06/08/18 $3,919.00
P943778 06/08/18 $7,712.00
P943872 06/12/18 $510.00
P945934 08/16/18 $62.00
P946705 09/13/18 $112.00
P948482 11/21/18 $108.00
P948484 11/21/18 $93.00
P951630 03/20/19 $506.00
P951849 03/27/19 $44.00
P952178 04/09/19 $66.00
P952745 05/01/19 $193.00
P952940 05/08/19 $66.00
Permit Number Date of Application Fee
P953790 06/10/19 $205.00
P954251 06/26/19 $30.00
P958894 12/30/19 $84.00
P960407 03/04/20 $267.00
P963911 09/22/20 $13,120.62
P963970 09/25/20 $448.00
P966058 12/31/20 $97,823.89
P970687 07/12/21 $145.00
P972224 08/31/21 $72.00

Total Permit Fees Waived $278,868.51 B


Total Permit Fees Paid $41,150.00

A - These fees are marked unknown because there are no amounts listed in the permits
database for the corresponding permit numbers.

B - The actual Total Permit Fees Waived figure is higher because in some cases, the permits
database lists $0 for a waived fee instead of the actual amount of the fee that was waived.
JOI-IN A. OLSZEWSKI, JR. STACY L. RODGERS
County Executi,•e C ounty Administrative Q(/icer

September 21, 2021

Mr. David S. Brown


David S. Brown Enterprises
100 Painters Mills Road
Owings, Mills, Maryland 21117
Towson, MD 21204

RE: Owings Mills Metro Center

Dear Mr. Brown:

I am responding to your request to waive permit fees associated with the project known as "Metro Center at
Owings Mills". Enclosed is a memo dated June 12, 2018 stipulating that permit fees would be waived. Therefore,
in accordance with Section 3-1-202 (b) and 3-1-202(c) as the County Administrative Officer the permit fees for new
construction of the approved plan identified as "Metro Center at Owings Mills" dated 5/10/2005 (as indicated in
the vicinity map below) are hereby waived. Any modifications or upgrades to the existing buildings once
constructed will be subject to all permit fees.

wmtCOHlRSIUT)()ffSflON THlfOllO'tW+G:
10\#i!OAAY W,.VW:Y IY: SI.MVIV SI.WU Of M.UnAHO. llC
AUSAL TOIO(;MltfY raoM:- WT\MOll COWTY G.tS
flllD.UH TOIOGMNl'Y IV; SVWlYJUVKISOf MAAY\AHD, UC
UM~OHWIHTAl ~OCUUHG IY: lC<HOlN<l NIOflS~IJ.. IHC.
AAOfllClVMl,, IAHOSCAPI., AHOSITI PI.AHKttG."lnlCI.

Should you have any questions or require any additional information, please feel free to call Mr. Pete Gutwald, the
Director of Permits, Approvals and Inspections at 410-887-3020 or email cpgutwald@baltimorecountymd.gov.

Sincerely,
Exhibit 16

cc: Drew Vetter, Deputy County Administrator


James Benjamin, County Attorney
Pete Gutwald, Director of Permits, Approvals and Inspections

400 Washington Avenue I To wson, Maryland 2 12041Phone410-887-2450 I Fax 4 I 0-887-5781


www.baltimorecountymd.gov
From: DavidSBrown.com>
Sent: Thursday, May 25, 2017 5:12 PM
To: Arnold Jablon
Subject: RE: Personal

My pleasure.

-----Original Message-----
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Thursday, May 25, 2017 5:06 PM
To:---
SubJ~nal

Thanks, as always.

From: DavidSBrown.com]
Sent: urs ay, ay , PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Personal

Hi Arnold,

We have a garage available for you at St. Charles at Old Court. I'm out tomorrow, but will touch base with
you again on Tuesday with the details. This will be no charge to you.

Also, Howard said he'd like to meet with you for 15 or 20 minutes so I'll arrange to get the key fob delivered
to our office and he can bring it to you (assuming you have time for him next week - if not, I'll get the fob to
you anyway).

Have a great holiday weekend.

-
-----Original Message-----
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Monday, May 22, 2017 11:43 AM
To:
Exhibit 17

Subject: Re: Personal

Oh, and tell HB, we miss him here in Vegas!

> On May 22, 2017, at 8:39 AM, DavidSBrown.com> wrote:


>
> Hi Arnold,
>
> I'm waiting for a couple of people to get back to me. We have a few possible options for you, but I need to
hear back from these folks so we know what might work for you. I'll be back in touch as soon as I have more
information.
1
>
>1111
>
> -----Original Message-----
> From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
> Sent: Friday, May 19, 2017 10:28 AM
>To:-
>SubJ~
>
> a couple of weeks ago I asked HB if he still had space for me to store a car. He said he could. At
the time, it was speculative, but I have bought it and I would need the space in about 2 weeks. Can you as
HB if his offer is still available? Thanks.
> [https ://secure-web. cisco. com/1 LrACU6 HeO1Zt3J08yCUNEpIMec-8-
94E lJJvnUxV0vVXXcJTm3gBGXM2C0OLGCYVGOp4VEcvNgMM3gOgq91ZhzfxcxcitvkmYX-
9BABh13ABjo_zw8Aus1Sgky-rR-
J54CgJmAsglrkfXQEAyC89Kf4Tk33fKR0QsOL2g7uSOF20pXFpTjBdexQLjF9U40WobwKIIEK_DwzwWZSTecRTVk
hzsSYl PkJ-9p8C 175ItTWfiOCBvtDCdnu MCMlv-
bjt5GU_cSwvfsYxKOYp7G9Kmd5u0Sbl5135vxwl LZCWW8IPX9EiyqpyHyt9mmltpRLrtat5 FKagM-
SoltFakoPUuuqACHnHSUgCoQ-WKX9C5EJ-
PQzg3kEODKiSF62daDYbrvCanWkPNfDG0cnEGF0sDZZAjvXeVk0BigHL51 LYDjtRO5YK2ujDU_56TqmpjmTAnH0Q
yyoEiPhssrygjGyVwg/https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-
3A_www.baltimorecountymd.gov_sebin_n_n_county-
5Fseal.jpg%26d%3DDQIFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-
vSA_CdpgnVfiiMM%26r%3DzW_6iSP2R_NufDyR9sHLnoIGo6JtAUZ3xbhFwilA7OE%26m%3DZDIDZN7dNWDG
McXsC0FpM5DclhOZ91ITdUOdOZr6N 1s%26s%3DCeg2Xzcvj5Q9P-
5czipuz4L_nUMgKgVn6qIOIK0rqL4%26e%3D ] <https://secure-
web.cisco.com/18pqxRigo2qAykVWyQ_rt14g3pP-
XoUcnjsVjdkgojbiVPCOoJYp7eSuPZOJL5pnpuGerA09pzU 14U_b2COASyL2XkQcMGFsUOoA9GH lOQJmWotDcGh0
CK4BtRY52JE8t4dKzvA9GIMAzum-J6oMvbdw_VUypCWQWeX28_1npZoHZvRLEDVcJo02AZzTwiCFNvtypBd-
GvPnRem5ebHvFvRcXh6bEsvSxkQBMOiquNhGHVWxgJV6x2CGs7r11kBHIOtTuNVoPXm9c_4s5SH6GlymnYFZa9j
YaRGarXfRJS90rP_bzwSGZG3GIZK25DW-
1_7BO4q7SZmPl_izUVXkqi7a6ZxzdobS8c_HSSmbEpqsHSsHdPiJY_Qh96VO_igjUENqWjGSGmScK7k9irbSApmB-
gkwhYjMHcMHC0On5_X5aMhnrEwHe4aVNIMZpF6rBy9i3-
S6kmzT39HQJCY72Gg/https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-
3A_www.baltimorecountymd.gov%26d%3DDQIFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-
vSA_CdpgnVfiiMM%26r%3DzW_6i5P2R_NufDyR9sH LnoIGo6JtAUZ3xbhFwi 1A7OE%26m%3DZDIDZN7dNWDG
McXsC0FpMSDcihOZ91ITdUOdOZr6Nls%26s%3DK4MjGlrWDh2s4cghZ14B63EbiSj3FU6v-
Lov5U4Q98c%26e%3D >
>
>
>
> Connect with Baltimore County
>
>
> [https://secure-
web.cisco.com/1NAvN9vwCpunKxEtn5bjVrCVSljT_sSOJbaWSr8vwPJ59P3m4Jbnfm_1RnPMo85O1ZwJKPI4TNhy
mUisBH36K6h6elgpNFoulpcK51mVrzgF-
3pwWL80uSk5DaqpAYCVSyvzuE1GWAjNG71qQKUiPI6nVM6VN50JcanJKKsbSxX91XPCPtwZ8o_S30ddrZg-
PLcO5Fxx7hzeLTQw7YAK0yZnmO5zYq lqrmNlsAYGn8m6u9OyG4St_pEylY6Gwh_-AVyup5Y7Lljzn6-
cPRBUVUDypYUQN9K_vOYx4DSgqasjeity7eAnjdXuJohQs_x2ZPHqE-
SPX6FSQp7SOtHER_Wf2Tn legGL6MYFEJLWsbmi0X2fylpu9GNm3_Ky7F9L70epvUbAo2gG2SqOH8OJ4iA-
b9ayNn7z3kDilmodwVmSDaMgjeExzezZeVJbp3QmjrKLZ3bvSmzM86jPDsXUBag/https%3A%2F%2Furldefense.
proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A_www.baltimorecountymd.gov_sebin_p_i_socialmedia-
2
From: DavidSBrown.com >
Sent: Tuesday, May 30, 2017 4:10 PM
To: Arnold Jablon
Subject: RE: Key Fob

Looking forward to it.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sent: Tuesday, May 30, 2017 4:06 PM
To:
Subject: RE: Key Fob

That's good. See you then.

From: DavidSBrown.com]
Sent: M
To: Arnold Jablon <ajablon@ba ltimorecountymd.gov>
Subject: RE: Key Fob

Perfect. Why don't you plan to stop by our office first and then you guys can go grab a bite - say 12:30???

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sent: Tuesday, May 30, 2017 3:20 PM
To:----
Sub~ob

Thursday, any time after 12? I can come to him, we can meet for a sandwich, or he can come here whenever.

From: DavidSBrown.com]
Sent: Tuesday, May 30, 2017 3:15 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Key Fob

Hi Arnold,

I will have garage remote for your parking garage tomorrow (the garage is #17 off of Crisford Place at St. Charles at Olde
C ourt Apartments) . As I mentioned previously, Howard said he'd like to see you for 10 or 15 minutes so if you're
available tomorrow afternoon or sometime Thursday, I can have him come to you (or you are always welcome to come
h ere if that's more convenient). Please let me know what works best for you.

-
I hope you enjoyed the long weekend.

1
From: DavidSBrown.com >
Sent: Tuesday, June 6, 2017 3:21 PM
To: Arnold Jablon
Subject: RE: Electrical Question

Office number okay?

-----Original Message-----
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Tuesday, June 6, 2017 3:07 PM
To:
Subject: RE: Electrical Question

Yes, thanks.

-----Original Message-----
From: DavidSBrown.com]
Sent: Tuesday, June 06, 2017 3:06 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Electrical Question

I can definitely arrange for someone to meet you on site. Is it okay if I give the property manager your phone
number and I ask her to have the appropriate person contact you to arrange a time?

-----Original Message-----
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Tuesday, June 6, 2017 9:35 AM
To:
Subject: Re: Electrical Question

Can he meet me there, with a ladder, so I can run the extension cord? I may have missed the other outlet, I'll
check again. I hate to sound unappreciative, and I am most definitely not, but when something else opens
up ...

I can meet the maintenance person at his convenience. Thanks.

> On Jun 6, 2017, at 9:29 AM, DavidSBrown.com> wrote:


>
> Hi Arnold,
>
> According to our maintenance man, there should be an additional outlet somewhere else in the garage and
that you can run an extension cord from the ceiling without causing any problems. I guess if there's another
outlet, you won't need to go that route. Anyhow, I hope this helps and that you'll feel okay parking your car
there. Please keep me posted in case there is anything else I can do.
>
>
>
> -----Original Message-----
> From: -
1
> Sent: Tuesday, June 6, 2017 9:19 AM
> To:
> Subject: RE: Electrical Question
>
> To both
>
> -----Ori~-----
> From: - -
> Sent: Tuesday, June 06, 2017 9:18 AM
> To: ~DavidSBrown.com>
> SubJ~Question
>
> Yes to which?
>
> -----Original Message-----
> From: - -
> Sent: iu'escl'ay,'Tu'ne 6, 2017 9:13 AM
>To:
> Subject: RE: Electrical Question
>
> yes
>
> -----Original Message-----
> From:
> Sent: Tuesday, June 06, 2017 9: 11 AM
> To: ••••••@DavidSBrown.com>; DavidSBrown .com>
> Subject: RE: Electrical Question
>
> Just to clarify - are you saying there is an extra outlet in garage 17 OR that it's safe for him to use an
extension cord from the ceiling outlet to run a trickle charger for his car battery?
>
> -----or~ge-----
> From: - -
> Sent: Friday, June 2, 2017 12:28 PM
> To:
> SubJec:
>
> Sorry very busy , yes there is a outlet.
>
> -----Original Message-----
> From: - -
> Sent: Thursday, June 01, 2017 3:57 PM
> To: DavidSBrown.com>
> Cc: avidSBrown.com>
> Subject: RE: E ectrica Question
>
> The extension cord option should work, but lllllllwould know better if there's a spare outlet or just one for
the operator.

;
>
-
; """"sider the environment before printing this e-mail
2
>
> -----Original Message-----
> From: -
> S e n t : ~ ' 2017 3:52 PM
> To: DavidSBrown.com>
> Subject: Electrical Question
>
>H i -
>
> Howard is letting Arnold Jablon use one of our parking garages at St. Charles to store a car. He needs to
run a trickle charger and asked (below) if it would be safe to run an extension cord from an outlet in the
ceiling. Do you know if he would be okay to do this? Howard told him we could install an outlet for him, but if
running an extension cord would work, then that's the way we'd like to go. Please let me know.
>
> Thanks.

:■
>
> -----Original Message-----
> From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
> Sent: Thursday, June 1, 2017 2:54 PM
> To:
> Subject: Re: Final Declaratory Judgment
>
> I need the names and addresses of each of the entities violating the parking requirements.
>
> I went over to the garage. There is only one outlet, in the ceiling for the garage door opener. This is a
problem. Maybe I can run an extension cord from it? Is there an electrician who dies maintenance who can
tell me if what I'm thinking would be safe and not blow a breaker?
>
> Arnold Jablon
>
>> On Jun 1, 2017, at 2:46 PM, DavidSBrown.com> wrote:
>>
>> Hi Again,
>>
>> Howard also wanted you to have a copy of this document.
>>-
>>
>>
>> <20170601143119209.pdf>
> [https://secure-
web.cisco.com/13K0GqtMPxf91BtQfHJDv2zHLyPz9U0HO1PqllaT8WGipFnGs_VtOPJkstpCQ_QN1xyRSxCpa_c9tu
Y1mS1OPY72MX1ULDY2graBZ6s5EuqQt6yaSxZPbfhkBAwKSBSG3ibLM86GbTwlKoe6A1GRSBbQMtZRh2do88U-
PQEvEpA8pc-Hc9LrCleXJGQF0zlaWb_Z15UDDvAnkC8UVMOCU4-
jue4tlhhmB0A8sVwuj0OXLSQmYHgM15i5x06PL3CjaRVKJjBAUYnDgBPXbnh2hdPUOaTykxvELGQhCoQsNV3b-
GWNAjg8ItOI rvB0-7G_KC1z-
FMz9AqJ Kn 7kYLvSVQPM8PDyH241TDVUyN Ut2i463 P9GTGUEffuQJyYvzBLkeGSmCB46yXwNArKrQfQj6UZFlxy9Y
mSz-PL0PWj3HvU8XwJnPjXjmZGK-
PnvrDVNCCfDGdkKGhOGu7iHjzH49Lg/https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dht
tp-3A_www .baltimorecountymd.gov_sebin_n_n_county-
5Fseal .jpg%26d%3DDQIFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-
vSA_CdpgnVfiiMM%26r%3DzW_6i5P2R_NufDyR9sHLnoIGo6JtAUZ3xbhFwi1A7OE%26m%3DPu22QnQ07LqkFy
3
From: ~ D a v i d S B r o w n . c o m>
Sent: ~ 1 - 7 11 :58 AM
To: Arnold Jablon
Subject: RE: Garage #17 - Crisford Place

Wonderful! Thanks for letting me know.

1111
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Wednesday, June 7, 2017 11:54 AM
To:
Subject: RE: Garage #17 - Crisford Place

He called and I explained what I needed and he ran an xtension cord for me. Thanks.

From: DavidSBrown.com]
Sent: Wednesday, June 07, 2017 10:23 AM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: FW: Garage #17 - Crisford Place

See below - FYI.

From:
Sent: Wednesday, June 7, 2017 9:49 AM
To:
Subject: Re: Garage #17 - Crisford Place

I am off today. I forwarded this to - - t h e maintenance manager

Sent from my iPhone

On Jun 7, 2017, at 9:10 AM, DavidSBrown.com> wrote:

Good morning,_

Mr. Jablon needs one of the maintenance/service men to meet him at the garage with a ladder so he
can plug an extension cord into the ceiling outlet. Please ask the appropriate person to contact Mr.
Jablon on his cell phone to arrange a convenient time. His number is Let me know if you
have any questions.

Thank you for your help coordinating this.

-
1
From: -DavidSBrown.com>
Sent: Thursday, January 11, 2018 5:32 PM
To: Arnold Jablon
Subject: RE: TICKETS

I do know the garage at Ingram Manor isn't heated either... I am still having someone look into the status of the current
lease in case you'd still feel more comfortable having your car in a different location. I'll let you know as soon as I hear
back.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sent: Thursday, January 11, 2018 4:28 PM
To:~
Subject: RE: TICKETS

Actually, I would be, thanks. BTW, is there another garage to be had? Howard had mentioned to me .that there would
be a better place available about now. My problem is the St Charles garages are w/o any insulation at
all. FREEZING II Also, very small.

From: DavidSBrown.com]
Sent: Thursday, January 11, 2018 4:25 PM
To: Arnold Jablon <a jablon@baltimorecountymd .gov>
Subject: RE: TICKETS

Oh, sorry!! I! Well, it may still be an option if you're interested. Q

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sen~anuary 11, 2018 4:16 PM
To:--
Subject: RE: TICKETS

I was only joking!

From: DavidSBrown.com]
Sent: Thursday, January 11, 2018 3:40 PM
T o: Arnold Jablon <a jablo n@baltimorecountymd.gov>
Subject: RE: TICKETS

He said it's a possibility. It will depend a bit on how many of his family members go up for the games. I will keep you
posted as we get a little closer.

-
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
S eThursda
To:
n a, [ :
January 11, 2018 9:54 AM

S ubJec: : S
1
Ah, can I stay in his spare bedroom? Closet?

From: DavidSBrown.com]
Sent: Thursday, January 11, 2018 9:25 AM
To: Arnold Jablon <a jablon@baltimorecountymd.gov>
Subject: RE : TICKETS

Yes t hey do! I turn 50 this year and have no idea how I got here so fast. It's actually kind of frightening. ©
I spoke to Howard this morning and we're going to go ahead and purchase the tickets. Since the tournament is in NY
(and he has an apartment up there), he said he would enjoy going to some of the games and maybe invite some of his
grandkids to come up. He said if you' d like to go to any of the games with him, you are welcome to attend as his
guest. Let us know if you have any interest.

In the meantime, I hope you have a great day.

-
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
S e n ~ January 10, 2018 8: 11 PM
To:- -
Subject: RE: TICKETS

They go by so fast! Thanks, I hope yo u are as well. Tell HB happy new years for me.

From: DavidSBrown.com]
Sent: Wednesday, January 10, 2018 8:07 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Re: TICKETS

Wow! I'm sorry to hear that. Thank you for letting me know. Was going to touch base with you on Friday.

Hope you're having a good New Year so far.

-
Sent via the Samsung Galaxy S8, an AT&T 4G LT E smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
Date: 1/10/18 5:57 PM (G_MT-05:00)
To: DavidSBrown.com>
Subj ect: TICKETS

- I can't find enough people to go to NY. I'm going to have to


pass this year. Thanks, as always.

2
From: ~DavidSBrown.com>
Sent: ~82:27PM
To: Arnold Jablon
Subject: RE: Good News

You are quite welcome!

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sent: Friday, January 12, 2018 2:20 PM
To:
Subject: RE: Good News

Great, thanks as always.

From: @DavidSBrown.com]
Sent: Friday, January 12, 2018 2:17 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Good News

Hi Arnold,

I just found out that the garage at Ingram Manor will be fully vacated by the end of this month. Once we get the door
opener back, I'll make arrangements to get it to you so you can take a look at the space. Assuming you like it better than
where you are now, it's yours.

Have a great weekend!

David S. Brown Enterprises Ltd.


100 Painters Mill Rd.
Penthouse
Owings Mill, MD 21117

Ii DAVID .S!BROWW
E N ,f Ii A p n !e I 11 , ~ T ,I >'

CONNECT WITH BALTIMORE COUNTY

I) I: ~ [~ ! ~ Im
www.baltimorecountymd.gov

1
From: Arnold Jablon
Sent: Thursday, February 8, 2018 12:04 PM
To:
Subject: RE: Ingram Manor Garage

Great, thanks.

From: DavidSBrown.com]
Sent: Thursday, February 08, 2018 12:02 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Ingram Manor Garage

You can keep your car at St. Charles as long as you like. We have roughly 10 vacant garages over there now so there is
no one waiting for your space to open up. I'll let you know when I hear back about the electrical outlet(s).


From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Thursday, February 8, 2018 11:46 AM
To:--
S u b ~ a m Manor Garage

Great, thanks. How long can I keep the car where it is? My concern is I won't be able to get over there to move it right
away.

From: DavidSBrown.com]
Sent: Thursday, February 08, 2018 11:16 AM
To: Arnold Jablon <ajablon@ba ltimorecountymd .gov>
Subject: Ingram Manor Garage

Hi Arnold,

At long last, the garage at Ingram Manor has been vacated and I am in possession of the door opener. I sent an email to
the head of our residential maintenance department to confirm that there is an electrical outlet for your trickle charger
and hope to confirm that before the end of the day today. Would you like to stop by our office to swap remotes or
would you like me to have our driver come to you? Whatever is most convenient is fine with us.

Hope all is well on your end.

-
1
From: @DavidSBrown.com >
Sent: • y, • •
y , 018 4:24 PM
To: Arnold Jablon
Subject: RE: Garage

Got it! Thank you for confirming your address.

Have a good night.

-
-----Original Message-----
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Thursday, February 8, 2018 3:59 PM
To:
Subject: RE: Garage

Monday, definitely ok, no rush here. County Office Bldg, 111 W. Chesapeake Ave., director's office.

-----Original Message-----
From: •••••••••~DavidSBrown.com]
Sent: Thursday, February 08, 2018 3:57 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Garage

Absolutely! Please refresh my memory about which building/suite you're in. Will Monday be okay? His
schedule is pretty jammed up tomorrow.

-----Original Message-----
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Thursday, February 8, 2018 3:42 PM
To:-
Subject: RE: Garage

Can you have your driver drop the door opener off here?

-----Original Message-----
From: DavidSBrown.com]
Sent: T urs ay, Fe ruary 08, 2018 3: 19 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: FW: Garage

There are electrical outlets. Good news!

-----Original Message-----
From:
Sent: Thursday, February 8, 2018 1:52 PM
1
To:
Cc:
Subject: FW: Garage

Hi ■ see below

From:
Sent: ary 08, 2018 1:50 PM
To: @DavidSBrown.com>; DavidSBrown .com>
Subject: Garage

There are 2 outlets.1 at the door.1 for the door opener.k

Sent from my iPhone

[https://secure-web.cisco.com/1ualS_PibvYEPprtQQPxRCMvtOYegBrt9-
fYoCllw6dA1pG74I3FioFCyinSFIK7E1Ka7ZDRKN3qHFSvwnEfmKq97dNpLMG9LQXQrSNIOJBLpQfpVPS6K2Xga7kE
LTy75eSM9n97pEzz6Yq 1f6w6OiTGU491Y-JYMs0Gy-gsXHTmeWAAHDJ-
ciQisp1XMxu 12P8nI.UhFOIBKEVsWrGiOUzfDlp4ZDu4v3KTmPMumSbbDIWQEKWIK4UI_zQB_lhN4pR8DVnXZ1Cg
_RovN3iObxBf6uB4iT_fFjVolsoQVoNm4DRgh9BHiZAStTdVqGrBDUDSKr5I_PQislX8rOsQKSSyVsHFqZ-
f78RPvn9ai_fbHcrrWeQJFa2CQtz6d7DJGHIYg3r3E0X2rvGrwIQXIZAuujFXYJfWSxcfpUyvwAwd-
ilhHDb_2TVCEdOI68aJOiREu01WwRNMR1vwTkwt2i0A/https%3A%2F%2Furldefense.proofpoint.com%2Fv2%
2Furl%3Fu%3Dhttp-3A_www.baltimorecountymd.gov_sebin_n_n_county-
5Fseal.jpg%26d%3DDwIFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-
vSA_CdpgnVfiiMM%26r%3DzW_6i5P2R_NufDyR9sHLnoIGo6JtAUZ3xbhFwi1A7OE%26m%3DQ5sRpKkQNe3u 1
2SqhXIRYhW9zTmltqSDtKysn5eyCTg%26s%3D-
4RRgf_S4vqFBiaeuxdixa60yw9ACnA3_H E6teBDNb4%26e%3D%5D<https://secure-
web.cisco.com/1Y69KhSJo8dzkUWc_xWzhd74hrElmxKCBHElyV1FbRvJH4sPtdaRdLITQZGTjaYHVN6WkAaN1pj
_wlnO0KLFa3F-
Fa7MCWNZe8kVd2pNWsyWo5Jzluwg31AXEy4CkjFjvQvJaDAru8AikB0Qa5f7Qv8BvQctFE32aPUP-
QpxsguX6dih_zNIPB0VSjRyuF6e7102r0kUaO5Y85XXyTO93EEUfrOoe_mu8igNvaA2rFPMuuQksRrddllvrtacu7sXo
e61SGNmj68FLTrw23ALYBE-qKTtQ57eb9qqj8I2qfFnEJJCg-MGLQ8sRVruOPmBOZFicl--
ke55fGpna8vu9x9niYgobGNVkcDI8EaYnp5SyY6O_B04c-GoRHk4ucwY-
YS0CWKs0Qbln6TEziH4gKZCPbf4y2sfQ_SzM8ExzHKTXTGwmcnlo5rUQJmbNmOeGjF9THHUg3rvPSsa3v5VSg/ht
tps%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-
3A_www.baltimorecountymd.gov%26d%3DDwIFAg%26c%3DeuGZStcaTDllvimEN8b7jXrwqOf-
v5A_CdpgnVfiiMM%26r%3DzW_6i5P2R_NufDyR9sHLnoIGo6JtAUZ3xbhFwi 1A7OE%26m%3DQ5sRpKkQNe3u1
2SqhXIRYhW9zTmLtqSDtKysn5eyCTg%26s%3D-4stlitZ7Pq8JZnV21had_Ikaaoa7C49aGXau-K2-qQ%26e%3D>

Connect with Baltimore County

[https://secure-
web.cisco.com/1SvfM2YsrFUJD96f1Qth9BHUrN8TySD0VYSjwus3Frm 1KgpERsHQMGpgGtlEaj_NK_zoPCin07EAFj
JxvTXxlr8KsIJE9mDR3XT4n3gGvZVgupIYR975xo0SEvxltyT7xF1eGZK76E1GTPwdxhE8NVEJZomr48YOW_Cs_sc
hOLtzEMKvRKixjhH1jxo6aiKPK0KHgLIXivw6S0AJHF-
lbGTqcUT0GqQeK1 Wla5fIHdbniMrnqSlrClfA8wHcAUHGseUh21JAvrRICX93biujeXnVEhNZd7waRQoZBaBimpkz-
Jsh-4s7ctWSV-gzvZ9XFqkl H-PEPbnJsFic7 5FQGrI41 pwhpPFn 74hJdoQoPX1 gGR9--
rVyWtRPQOODPjD7wldaWznPlcBeNk0Z38LLmwgDiIIAcnRDRTWAhTdoaXakNY1 uGIQOrhyAG3-
1r4bcBfsNpt4Tm6H45AoqdjNqfOA/https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-
2
From: ~ D a v i d S B r o w n.com>
Sent: ~ 0 1 8 1 2 : 1 4 PM
To: Arnold Jablon
Subject: RE: Remote

Thank you, Arnold!

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


S e n ~ r u a r y 12, 2018 12: 12 PM
To:----
Subject: RE: Remote

Not a problem, really, no rush at all.

From: DavidSBrown.com)
Sent: Monday, February 12, 2018 12:06 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Remote

Hi Arnold,

Unfortunately our driver's schedule got all jammed up today so I wanted to know if it's okay for him to bring the garage
remote to you tomorrow? It would likely be before lunchtime if that works for you.

Sorry for the delay.

Davi S. Brown Enterprises Ltd.


100 Painters Mill Rd.
Penthouse
Owings Mill, MD 21117

_I~ DAVID .S.l3ROWN


J H r 1; 11 P n ! a 1; a. ~ 1 I>,

CONNECT WITH BALTl MORE COUNTY

I) t: ri!I [~ !
www.baltimorecountvmd.gov
~ ml
1
From: @DavidSBrown.com>
Sent: Monday, February 19, 2018 12:43 PM
To: Arnold Jablon
Subject: RE: Big Ten Tournaments

Yes, of course I Take as much time as you need. No rush on our end either.

As for the tickets, we still have time for that too.

-
From: Arnold Jablon [mailto:ajab/on@baltimorecountymd.gov]
Sent: Monday, February 19, 2018 12:39 PM
To:
Subject: RE: Big Ten Tournaments

Let me check at home. I'll let you know for sure by Wednesday.

I went over to the garage on Park Heights over the weekend. Not sure what I want to do, stay at St Charles or move
over! Park Heights is just so big, too big for one car, and even more drafty. You indicated there was no rush, so can I
have until the end of the week to decide?

From: @DavidSBrown.com]
Sent: Monday, February 19, 2018 12:25 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Big Ten Tournaments

Hi Arnold,

We received our tickets for the upcoming tournaments in NY (Feb. 28 - March 4).

As of today, Howard still doesn't know if he's going to attend any of the sessions. We have a couple of employees who
will be attending Friday's games and Saturday's, but I really don't have any other commitments for them. Howard
actually needs to be back in Baltimore for an event the evening of March 3 so even if he went to any games, he would
not be attending Saturday or Sunday. Howard asked me to touch base to see if you're still interested in going up to
NY? I could give you at least two tickets to each of the seven sessions. Please let me know your thoughts on this and I
will plan accordingly. At this point, I just don't want to see the tickets getting wasted. But I don't want to ask too many
people until I checked with you.

Thank you.

-----■-
David S. Brown Enterprises Ltd.
100 Painters Mill Rd.
Penthouse
1
From: Arnold Jablon
Sent: rch 28, 2018 4:42 PM
To:
Subject: RE: Garage at Ingram Manor

Thanks you. Let you know Monday.

From: DavidSBrown.com]
Sent: Wednesday, March 28, 2018 4:39 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Garage at Ingram Manor

Terrific! Hope it's up to snuff!

-
Also, have a very good Passover.

From: Arnold Jablon [ mailto:ajablon@baltimorecountymd.gov]


Sent: Wednesday, March 28, 2018 4:32 PM
T o:
Subject: RE: Garage at Ingram Manor

Thank you so much. I will go out this weekend .

From: DavidSBrown.com]
Sent: Wednesday, March 28, 2018 2:34 PM
To: Arnold Jablon <a jablon@baltimorecountymd.gov>
Subject: Garage at Ingram Manor

Hi Arnold,

I hope all is well with you.

I wanted to let you know that we fixed up the garage at Ingram. We added plywood and insulation. When your
schedule permits, please go take a look at it and see how it works for you now.

David S. Brown Enterprises Ltd.


100 Painters Mill Rd.
Penthouse
Owings Mill, MD 21117

1
DavidSBrown.com>
Tuesday, April 3, 2018 12:13 AM
Arnold Jablon
Subject: Re: Garage

The garage is yours as long as you need it. No worries.

Sent via the Samsung Galaxy S8, an AT&T 4G LTE smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
. Date: 4/3/18 12:08 AM GMT-05:00)
To: DavidSBrown.com>

- I went over Sunday. All is good, I will move over there, but is there a timeframe? I'm having trouble w/ my 914 Porsche,
which is parked at St Charles, and I may have to get it towed over to my mechanic. I am very grateful for this.
[https://secure-
web.cisco.com/ I G Hsklptn74adut5emy vjYHTE7FRzX4wPDJ MyTQekl4nBYk1iVLb I kFphi3xGryLB0ij m7 EccTTKia02JGSM Yj DC
O4rg h62PazMabJmDguZw7xxk3cPv8hg KBy I Pjhj63K-6mCe0kHhkcaRkSdaMJmjjWJyev09aDjHIJHI fP9A I aOt-fQwbn3BnQ-
U2z3-
c Wp9i6s2gJSL5UFw6F AUTZwCOD7 I SnTZjkDHPpw3 RiA82AGF ANkBgwRUUrZJRBrTJflXG egy7gGYcOFF4u2w HV480NkG
i0sigaWwpS dbzEAQCqLrsgdcPw594 Rd5 VIS8LhtAMeemHhYU A2mJ3 ntJA0g3GhoGC4 jxJBPj6ikLhAjP3 Bs4 BY gNkYh Lzns JGS
-wuINC4fewKBA2Wcd9191V-
33Onflrdma0oP914xz6fgSKHLbS INygwsmlkVEJn0x0uKCayuG 9DkgzYHA/https%3A%2F%2Furldefense.proofuoint.com%2 Fv2
%2Furl%3Fu%3Dhttp-3A www.baltimorecountymd.gov sebin n n county-
5Fseal.jpg%26d%3 DDw!GaO%26c%3 DeuGZstcaTDllvimEN8b7jXrwgOf-
v5 A CdpgnVfiiMM%26r%3DzW 6i5P2R NufDyR9sHLnoIGo6JtAUZ3xbhFwilA7OE%26m%3Dsmg2KkEcX4Oi6YtNKuwOzk3
Rg4wp-ydw5Z0SitSyfrc%26s%3D2doFemLKyn3DLAix2yiOwggEoUolzy-
mz6F30JLlgas%26e%3D%5D%3Chttps%3A%2F%2Furldefense.proofuoint.com%2Fv2%2Furl%3Fu%3Dhttp-
3A www.baltimorecountymd.gov%26d%3DDwIGa0%26c%3DeuGZstcaTDllvimEN8b7jXrwgOf-
v5A CdpgnVfiiMM%261%3DzW 6i5P2R NufDyR9sHLnolGo6JtAUZ3xbhFwi I A7OE%26m%3Dsmg2KkEcX4Oi6YtNKuwOzk3
Rg4 wp-ydw5Z0SitSyfrc%26s%3 DH9nRzZuZ05 ICyP6K-Z9dzYJ6OsRLOKYhXE0JVXOxy2A%26e%3 D>

Connect with Baltimore County

[https://secure-web.cisco.com/ I u8ugb4KD2oy I-Ed0xP9Fyzh3 I y8rWyr VsHiwgC I ZaHW2kTK4NPT2Xv-


m6usdZF4glsA3a0yExPZjC-Wx6FXeinAb7P7y5p6xHgRoDs4Nb56EBRAQ35ZTeHUg7EA9bm INjU Kny8iggn3 Pu8DY-
FE6S88rZGieJPrWX2FhDr I 6vO-jkA6RHcnmD I Sz Fc45NyO13-
dCO8tyiWReW8Rk5g8JKPldg4d7XKgxtU5 PsbodHZhajTiv2E4 EPgsMtlMdcyrxcKlxEyho I a gen WIJ7gsNleVY3 la9VThRkrf3 w9DE
ZibXxP 0jlrBbdUtOgZTUy-
YSznchKpSKVAdPluMsyVBYGXu54ahrCWgOa0cSO71MsrluGvPUsy l pHSnN332aA YzWI51Sgsx4SDdMAaTnVIBnmudj5UJ9Z-
7rv9OoTCczsje8gpxtT6bld0TG2whhLMXp6X 2i88axWHbh28QbQ/https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%
3Fu%3Dhttp-3A www.baltimorecountymd.gov sebin p i socialmedia-
5Ffb.jpg%26d%3DDwIGaO%26c%3DeuGZstcaTDllvimEN8b7jXrwgOf-
v5A CdpgnVfiiMM%26r%3DzW 6i5P2R NufDyR9sHLnoIGo6JtAUZ3xbhFwilA7OE%26m%3Dsmg2KkEcX4Oi6YtNKuwOzk3
Rg4wp-

1
From: Arnold Jablon
Sent: . , 2018 2:43 PM
To:
Subject: RE: Garage Swap

So do I! Thanks, I'll keep you in the loop.

From: DavidSBrown.com]
Sent: Monday, April 09, 2018 2:34 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Garage Swap

No, not at all. She was just following up with me. Hope everything is okay with your car.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd .gov]


Se I 9, 2018 2:33 PM
To
Su J ge Swap

I haven't moved yet. I think I need to get it towed over to my mechanic and I' m awaiting good weather. Is there a
deadline?

DavidSBrown.com]
on ay, pn M
To: Arnold Jablon <a jablon@baltimorecountymd.gov>
Subject: Garage Swap

Hi Arnold,

I'm just checking in to see if you've moved your car over to Ingram Manor? The property manager at St. Charles was
inquiring about the status of the ga·rage at St. Charles. Please let me know when you have a chance.

Thank you.

David S. Brown Enterprises Ltd.


100 Painters Mill Rd.
Penthouse

I l DAVID RBRO\VN
Ii H f E il I' n I 3 I; 4, ~ f I> ,

1
From: Arnold Jablon
Sent: Friday, January 15, 2016 4:20 PM
To: DavidSBrown.com)
Subject: tickets

Hi, - It's that time of basketball year again! Yes, I do want the Big 10 tourney tickets, all 6. Thanks.
Exhibit 18

1
From: Arnold Jablon
Sent: . I • • I • 19, 2016 1:40 PM
To:
Subject: RE: b-ball Big 10 tickets

And I thought I was the only one ...thanks.

From: DavidSBrown.com]
Sent: Tuesday, January 19, 2016 1:24 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: b-ball Big 10 tickets

Hey, my friend. I'm out of the office due to a spat with Howard (imagine that...), but I've got you covered. No
worries. The haven't even sent the paperwork yet, but when they do, it's all for you .. no worries at all.

Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
Date: 1/19/2016 12:14 PM (GMT-05:00)
To: DavidSBrown.com>
Subject: b-ball Big IO tickets

It's that time again! Yes, I will take all 6. Thanks.

~U / ~-b~mo!tJ~~.q~
~{~~. CONNECT WITH BALTIMORE COUNTY
~ -~f l
(m

1
From: Arnold Jablon
Sent: - r y 16, 201610:08 PM
To:
Subject: Re: Big 10

I'm asking because the tourney is in 3 weeks!

Hope you feel better! I know the feeling.

On Feb 16, 2016, at 6:17 PM, DavidSBrown.com> wrote:

I've been out of the office with a bad cold, but will definitely let you know as soon as I get the
application for the tickets. Will keep you posted. Have a good night.

Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
Date: 2/16/2016 5:49 PM (GMT-05:00)
To: - -@DavidSBrown.com>
Subject: Big I 0

CONNECT WITH BALTIMORE COUNTY

IJ GJ ~ ti5l ~ Im
www.baltimorecountvmd.gov

1
From: Arnold Jablon
Sent: i l i i i i i i i u a r y 24, 2016 12:22 PM
To:
Subject: RE: Bad News...

I don't know what to say. We already made the reservations for the hotel, air, and car. Ill get back to you.

@DavidSBrown.com J
Sent: We nes ay, Fe ruary 24, 2016 11:34 AM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Bad News ...

Hi Arnold,

We never received the application for the Big 10 Tournament so I called the ticket office yesterday to find out what was
going on. According to their records, they mailed the package to us, but the stars didn't align and it was never received
here. The guy I spoke to told me that we can still get six tickets, however, three seats would be in one section and three
would be in another. The really unfortunate news is that these tickets would be for the games that Maryland is NOT
playing in (I even said "what's the point?"). The way I understand it, a lot can change between now and March 9 (as far
as where MD ranks), but there is no guarantee these tickets would guarantee seeing Maryland play at all. I am
extremely upset by this and let the ticket office know in so many words, but there is nothing more they can do other
than apologize profusely. I told them that I doubted we would want the tickets they have available, but wanted to
double check with you. I am so sorry this happened and wish there was something more I could do. Please let me
know.

Thank you.

1
From: Arnold Jablon
Sent: = = a r c h 2, 2016 4:38 PM
To:
Subject: ~ about the "Big Party"

Thanks. The Big 10 is in no way as good as the ACC isl I! This is what they did last year as well. Thanks for all of your
help. It is only because of you that I will do whatever Howard wants!!!! I! And you can tell him! 11

From: DavidSBrown.com]
Sent: Wednesday, March 02, 2016 3:58 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Information about the "Big Party"

Please see the attached for additional information about the party.

1
From: Arnold Jablon
Sent:
To:
iiiii{ 2016 1:34 PM

Subject: RE: Tickets on Their Way!

Thank you!! We did, missed Howard tho!

From: @DavidSBrown.com]
Sent: Friday, March 04, 2016 12:50 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Tickets on Their Way!

Hi Arnold,

I received the tickets to the party today so I'll be sending everything over to you on Monday. I hope you had a good
time at the game last night and hope you have a great weekend.

1
From: Arnold Jablon
Sent: Monda March 7, 2016 4:08 PM
To:
Subject: RE: any news?

Will have send check tonight.

From: @DavidSBrown.com]
Sent: Monday, March 07, 2016 4:08 PM
To: Arnold Jablon <ajablon@ba ltimorecountymd.gov>
Subject: RE: any news?

To Howard, please. They were charged to his Am Ex.

Have a GREAT time!!!

-
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Se
To
ch 7, 2016 4:01 PM

Got them! To whom do I make the check? Howard or David S. Brown?

From: DavidSBrown.com]
Sent: Wednesday, March 02, 2016 3:57 PM
To: Arnold Jablon <ajablon@baltimorecountymd .gov>
Subject: RE: any news?

Yes, I have your tickets and am waiting for tickets to: "What the Big Ten sent us are tickets for a Saturday night
"WELCOME TO THE BIG PARTY" at The Grand Hall at Historic Union Station (see attached). I can send you tickets for
this event" (this was the response I received when I asked for VIP tickets). I gather from my contact that these are not
the same as the VIP tickets we have received in the past, but this is what they received so I told her I wanted them. They
were supposed to be sent out yesterday. I would imagine I'll have them tomorrow or Friday at the latest. I'll have our
courier deliver them to your office. Please let me know if you need anything else.

-
From: Arnold Jablon [ mailto:ajablon@baltimorecountymd.gov]
S en~March 2, 2016 3:52 PM
To: - - -
SubJect: any news?

1
From: Arnold Jablon
Sent: -01612:44PM
To:
Subject: Re: Indy

See u tomorrow

Arnold Jablon

On Mar 10, 2016, at 12:36 PM, Venable.com> wrote:

Yes. Assuming it's on time should have just enough time to check into the hotel and head to the
games.

210 W. Pennsylvania Avenue, Suite 500, Towson, MD 21204

Venable.com I www.Venable.com

-----Original Message-----
From: Arnold Jablon [ajablon@baltimorecountymd.gov]
S e n = 2 0 1 6 12:27 PM Eastern Standard Time
To:----
Subject: Re: Indy

I'll meet u. Southwest?

Arnold Jablon

On Mar 10, 2016, at 12:20 PM, Venable.com> wrote:

We are SW Flight# 4562 arriving at 9:55 am tomorrow

I Venable LLP
210 W. Pennsylvania Avenue, Suite 500, Towson, MD 21204

I www.Venable.com
-----Original Message-----
From: Arnold Jablon [ajablon@baltimorecountymd.gov]
1
Sent: Thursday, March 10, 2016 11 :45 AM Eastern Standard Time
To:
Subject: Re: Indy

What time do u arrive?

Arnold Jablon

> On Mar 10, 2016, at 10:50 AM, Venable.com> wrote:


>
> As long as it's raining 3's tomorrow at 9:00 p.m. we'll be happy!
>
>
>
> D 2 1204
>
I www.Venable.com
> -----Original Message-----
> From: Arnold Jablon [ma ilto:ajablon@baltimorecountymd.gov]
> Sent: Thursday, March 10, 20 16 10:49 AM
> To: Venable.com>; ~
> SubJec : n y
>
> It's raining and will all weekend. In 60's.
>
[http://www.baltimorecountymd.gov/sebin/n/n/county seal. jpg]<http://www.baltimorecountymd.g
ov>
>
>
>
> Connect with Baltimore County
>
>
>
[http://www.baltimorecountymd.gov/seb in/p/ i/socialmed ia fb.jpg)<https://www.facebook.com/Ba
ltimorecounty> "[http://www.baltimorecountymd.gov/sebin/r/j/socialmedia twitter.jpgl
<https://twitter.com/BaltCoGov> [http://www.baltimorecountymd.gov/sebin/b/f/socialmed ia B
C NOW.jpgl
<http://www.baltimorecountymd.gov/News/BaltimoreCountyNow> [http://www.baltimorecounty
md.gov/sebin/r/z/socialmedia youtube. jpgl
<https://www.youtube.com/ user/Ba !timoreCounty> [http://www. baltimorecountymd. gov/sebin/
z/z/socialmedia camera. jpgl
<https://www. tlickr.com/ photos/baltimorecounty> [http://www. baltimorecountymd.gov/sebin/d
/o/soc ialmedia linkedin.jpg] <https://www.linkedin.com/company/balt imore-county-government>
>
> www.baltimorecountymd.gov<http://www.baltimorecountymd.gov>
>
> ************************************************************************
> This e lectron ic mail transmission may contain confidential or privileged information. If
> you believe you have received this message in error, please notify the sender by reply
> transmission and de lete the message without copying or disclosing it.
> ************************************************************************
>

******************************************************************
******
2
From: Arnold Jablon
Sent: Thursday, March 10, 2016 4:06 PM
To:
Subject: --edToday

We're here! B ball heaven! Thanks again.

Arnold Jablon

On Mar 10, 2016, at 4:02 PM DavidSBrown.com > wrote:

Thank you!

1
From: Arnold Jablon
Sent: - - b e r 13, 2016 10:25 AM
To:
Subject: Re: Big Ten Tournament

As always, thanks. Tell HB I said hello!

On Dec 13, 2016, at 9:43 AM, DavidSBrown.com> wrote:

I'm on it!!! I'll send them over to you as soon as I receive them.

Enjoy the holiday season.

-
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Selllember 12, 2016 4:56 PM
To:
SubJec : : 1g en Tournament

Yes, absolutely. In fact, I was going to email you this week. Thanks. Hopefully, we won't have the same
problem as last year.

DavidSBrown.com]
ay, Decem er 12, 2016 4:00 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Big Ten Tournament

Hi Arnold,

We received the Big Ten application today ($1,525.00 for 6 passes). I just wanted to check to see if you
want them again this year? Please let me know when you have a chance.

-
I hope all is well with you.

CONNECT WITH BALTl MORE COUNTY

I<~WRDOOO.jpg>I I<~WRDOOO.jpg>I<~WRDOOO.jpg>I<~WRDOOO.jpg>I<~WRDOOO.jpg>I<~WRD000.jpg;
www.baltimorecountymd.gov

I
1
From: Arnold Jablon
Sent: Wednesday, February 1, 2017 10:06 PM
To:
Subject: Re: Big 10 Tournament

In fact, I talked w/everyone and we're all in agreement.

We prefer the lower level! If you can, ask again if Md will have a hospitality area, perhaps this year because it's at
Verizon Center, there will be something. Thanks.

On Feb 1, 2017, at 7:16 PM, DavidSBrown.com> wrote:

No problem. I'll be checking email while I'm away and don't mind making a qltick call to lock
them in if you want them. Hope all is well with you.

Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
Dat · MT-05:00)
To: DavidSBrown.com>
Subject: RE: Big 10 Tournament

Thanks, I will get back to you quickly, my response will be waiting for you.

From: DavidSBrown.com ]
Sent: Wednesday, February 01, 2017 4:56 PM
To: Arnold Jablon <ajablon@baltimorecountvmd.gov>
Subject: Big 10 Tournament

Hi Arnold,

I just received a call from the ticket office to see if we would be interested in upgrading the seats from
the upper level to the lower level. For the tickets as they are, we paid $i,525. The upgrade is an
additiona l $150 per ticket ($900) for a total of $2,425. Please let me know if you are interested in the
upgrade as soon as you are able. I am going to be out the office tomorrow through Monday (back
Tuesday). I asked the guy if we had to make a decision right away or if it could wait until I get back
Tuesday and he said that would be fine. He's putting a hold on the tickets until he hears back from me.

Thank you!

1
From: Arnold Jablon
Sent: 11111111111117,2017 9:53 AM
To:
Subject: Re: Tour/Meeting and Men's Basketball game

That's ok. The big 10 these past 2 years had an event on saturday night sponsored by all the teams, for which
we needed an event pass.

Hold on to the tickets, I will pick them up tomorrow morning at your office about 9:30. Is that ok?

On Mar 7, 2017, at 9:35 AM, DavidSBrown.com> wrote:

Hi Arnold,

This is the latest I received from Kevin's office. It isn't looking very promising that there will be anything
"special" that we will be able to get you access to other than possibly the pregame event she mentions.

In the meantime, I'm going to arrange for our driver to deliver your game tickets either this afternoon or
tomorrow. Please let me know if you have any questions or if there is anything else I can do to help.

-
Hi-

I'm struggling to find out anything about additional access to some events. I have learned that the
ACC use to have hospitality tents and such which the B 1G does not offer. I did also learn that the
president's office use to host some sort of event that Tina(?) was here but have no plans on doing
so. I did also hear that UMD isn't really doing much this year since the tournament is in town and
most folks are from nearby.

I do know we are hosting a pregame event at Penn Social (bar) right before the game. Once I
have the final details of all the events going on I'll be sure to send you that! Hope this helps a
little.... sorry!


umd.edu

1
From: ----@DavidSBrown.com>
Sent: ~ 13, 2017 5:06 PM
To: Arnold Jablon
Subject: RE: Big Ten Tournament

Sounds good; I'll hold off on the order until I hear back from you.

Have a good night.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sen~December 13, 2017 4:54 PM
To:--
Subject: RE: Big Ten Tournament

Thanks, I do want to go, and I'll let you know this week how many tickets.

From: DavidSBrown .com]


Sent: We nes ay, December 13, 2017 3:30 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Big Ten Tournament

Hi Arnold and Happy Chanukah.

I hope you are doing well.

It's that time of year again. I just received the application for the tickets in today's mail. You probably already know
this, but the games will be played at Madison Square Garden in NY, Feb. 28 - March 4. The price for six tickets is $3,625
(which includes a $25 processing fee). Before I order them, I wanted to touch base to confirm that you want
them. Please let me know when you have a chance.

Thank you!

Davi S. Brown Enterprises Lt


100 Painters Mill Rd.
Penthouse
Owings Mill, MD 21117

J~ DAVID S.BRO)VN
~NTfiRPA!tliS, U ,c;>,
From: @DavidSBrown.com >
Sent: I I •' • • • I• 2017 12:12 PM
,i,
To: Arnold Jablon
Subject: RE: Big Ten Tournament

Will do and same to you!!!

From: Arnold Jablon [mailto:ajablon@baltimorecountymd .gov]


Sen■iii:
.
Thursda December 14, 2017 12:01 PM
To:
Sub . . n Tournament

Great, thanks. Happy holidays and a healthy, happy NY. Tell HB, I wish him the same.

From: DavidSBrown.com]
Sent: Thursday, December 14, 2017 11:55 AM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Big Ten Tournament

You have plenty of time. The cut off isn't until January 19.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sen~ecember 14, 2017 11:49 AM
To:-
SubJect: RE: Big Ten Tournament

When is the latest I can confirm the number of tickets needed?

From: DavidSBrown.com]
Sent: Wednesday, December 13, 2017 3:30 PM
To: Arnold Jablon <a jablon@baltimorecountymd.gov>
Subject: Big Ten Tournament

Hi Arnold and Happy Chanukah.

I hope you are doing well.

It's that time of year again. I just received the application for the tickets in today's mail. You probably already know
this, but the games will be played at Madison Square Garden in NY, Feb. 28 - March 4. The price for six tickets is $3,625
(which includes a $25 processing fe e). Before I order them, I wanted to touch base to confirm that you want
th em. Please let me know when you have a chance.

Thank you!

1
David S. Brown Enterprises Ltd.
100 Painters Mill Rd.
Penthouse
Owings Mill, MD 21117

I~ DAVID s! BROvVN
E N, Ii n ·r n I II e a . ~-T o.

CONNECT WITH BALTIMORE COUNTY

I) G1 mfl [~! ~ lffl


www.baltimorecountvmd.gov

2
From:
Sent:
To:
llllllliliary
Arnold Jablon
11, 2018 4:28 PM

Subject: RE: TICKETS

Actually, I would be, thanks. BTW, is there another garage to be had? Howard had mentioned to me that there would
be a better place available about now. My problem is the St Charles garages are w/o any insulation at
all. FREEZING !I Also, very small.

From: DavidSBrown.com]
Sent: Thursday, Janua ry 11, 2018 4:25 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: TICKETS

Oh, sorry!!!! Well, it may still be an option if you're interested. Q

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


S e ~ n u a r y 11, 2018 4:16 PM
To:--
Subject: RE: TICKETS

I was only joking!

F rom: DavidSBrown.com]
Sent: Thursday, January 11, 2018 3:40 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: TICKETS

He said it's a possibility. It will depend a bit on how many of his family members go up for the games. I will keep you

-
p osted as we get a little closer.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


S e ~ u a r y 11, 2018 9:54 AM
To:-
Subject: RE: TICKETS

Ah, can I stay in his spare bedroom? Closet?

From: DavidSBrown.com]
Sent: Thursday, January 11, 2018 9:25 AM
To: Arnold Jablon <aja blon@baltimorecountymd.gov>
Subject: RE: TICKETS

1
Yes they do! I turn 50 this year and have no idea how I got here so fast. It's actually kind of frightening. Q

I spoke to Howard this morning and we're going to go ahead and purchase the tickets. Since the tournament is in NY
(and he has an apartment up there), he said he would enjoy going to some of the games and maybe invite some of his
grandkids to come up. He said if you'd like to go to any of the games with him, you are welcome to attend as his
guest. Let us know if you have any interest.

In the meantime, I hope you have a great day.

-From: Arnold Jablon [ mailto:ajablon@baltimorecountymd.gov]


S e n ~ January 10, 2018 8: 11 PM
To:- -
Subject: RE: TICKETS

They go by so fast! Thanks, I hope you are as well. Tell HB happy new years for me.

From: DavidSBrown.com]
Sent: Wednesday, January 10, 2018 8:07 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Re: TICKETS

Wow! I'm sorry to hear that. Thank you for letting me know. Was going to touch base with you on Friday.

Hope you're having a good New Year so far.

-
Sent via the Samsung Galaxy S8, an AT&T 4G LTE smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
Dat · T-05:00)
To: DavidSBrown.com>
Subject: TICKETS

- I can't find enough people to go to NY. I'm going to have to


pass this year. Thanks, as always.
~ :c:~
~I;. CONNECT WITH BALTIMORE COUNTY
~ -~ •,(

~ -~-•
~ ~!''-~ ! ~ . , 1J m!rd. t5! ~ 1m
www.balltmorecountvm d.gov

2
Monday, February 26, 2018 3:02 PM

RE: Big Ten Tournaments

Thank you!

From: @DavidSBrown.com]
Sent: Monday, February 26, 2018 2:59 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Big Ten Tournaments

Thanks for getting back to me. I'm sorry the stars didn't align for this year's tournament, but hopefully next year they
will.

Have a good rest of the week.

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sent: Monday, February 26, 2018 2:55 PM
To:
Subject: RE: Big Ten Tournaments

My fault, I apologize. Go ahead and give t hem elsewhere . I can't use them during the week, and I still can't commit to
the weekend, so I have to pass. Thank you so much.

From: DavidSBrown.com]
Sent: Monday, February 26, 2018 12:09 PM
To: Arnold Jablon <ajablon @baltimorecountymd.gov>
Subject: RE: Big Ten Tournaments

Hi Arnold,

I'm sorry to be a pest, but I do have a few inquiries now for tickets (mainly the weekend games). Please let me know if
you will be able to use any of the tickets. Unfortunately, it looks like most (if not all) of the weeknight tickets are going
to be wasted, but the weekend games I (think) I can get rid of. I just don't want to confirm anything with anyone else
until I know about you.

Thank you,

-
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Thursday, February 22, 2018 2:46 PM

1
To:-
S u b ~ e n Tournaments

Thanks.

From: DavidSBrown.com]
Sent: Thursday, February 22, 2018 2:42 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Big Ten Tournaments

No problem at all. No one is vying for them and I'm not even sure if Howard is going to attend any of the sessions. One
of our guys will be using a few tickets Friday/Saturday, but that's it so far.

Also, I do check email and VM on Fridays- I just don't advertise it to everyone. I do it for my own peace of mind. Don't
like coming back to surprises or disasters on Mondays. ©

From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]


Sent: Thursday, February 22, 2018 2:39 PM
To:-
Subject: RE: Big Ten Tournaments

Ah, I still don't know. Can I tell you for sure on Monday?

From: @DavidSBrown.com)
Sent: Thursday, February 22, 2018 2:36 PM
To: Arnold Jablon <ajablon @ba ltimorecountymd.gov>
Subject: RE: Big Ten Tournaments

Hi Arnold,

Just checking in to see if you decided anything about the games next week/weekend? I'm no longer working on Fridays
so I figured I better follow up with you today.

-
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
Sent: Monda
To:
Fe ruary 19, 2018 1:02 PM

en Tournaments

Thanks as always.

From: DavidSBrown.com]
Sent: Monday, February 19, 2018 12:43 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: RE: Big Ten Tournaments

Yes, of course I Take as much time as you need. No rush on our end either.

As for the tickets, we still have time for that too.

■ 2
From: Arnold Jablon [mailto:ajablon@baltimorecountymd.gov]
S e n - u a r y 19, 2018 12:39 PM
To:
SubJec : : 19 en Tournaments

Let me check at home. I'll let you know for su re by Wednesday.

I went over to the garage on Park Heights over the weekend. Not sure what I want to do, stay at St Charles or move
over I Park Heights is just so big, too big for one car, and even more drafty. You indicated there was no rush, so can I
have until the end of the week to decide?

From: DavidSBrown.com]
Sent: on ay, e ruary , :25 PM
To: Arnold Jablon <ajablon@baltimorecountymd.gov>
Subject: Big Ten Tournaments

Hi Arnold,

We received our tickets for the upcoming tournaments in NY (Feb. 28 - March 4).

As of today, Howard still doesn't know if he's going to attend any of the sessions. We have a couple of employees who
will be attending Friday's games and Saturday's, but I really don't have any other commitments for them. Howard
actually needs to be back in Baltimore for an event the evening of March 3 so even if he went to any games, he would
not be attending Saturday or Sunday. Howard asked me to touch base to see if you're still interested in going up to
NY? I could give you at least two tickets to each of the seven sessions. Please let me know your thoughts on this and I
will plan accordingly. At this point, I just don't want to see the tickets getting wasted. But I don't want to ask too many
people until I checked with you .

Thank you.

Davi S. Brown Enterprises Lt


100 Painters Mill Rd.
Penthouse
Owings Mill, MD 21117

I~ DAVID RBROWN
E ti J f: RP R 111 ES. L JI),

CONNECT WITH BALTIMORE COUNTY

E ~ rLi i~! ~
www.ballimorecountymd.gov
on

3
From: Arnold Jablon
Sent: - - m b e r 1, 2018 7:40 PM
To:
Subject: Re: Tickets

Thanks as always.

Sent from my iPad

On Dec 1, 2018, at 6:41 PM, DavidSBrown.com> wrote:

I'm the only one who really needs to know! :) But I will definitely let Howard know on Monday.
Hope all is well.

Sent via the Samsung Galaxy S8, an AT&T 4G LTE smartphone

-------- Original message --------


From: Arnold Jablon <ajablon@baltimorecountymd.gov>
Date: 12/1/18 4:06 PM (GMT-05:00)
To: DavidSBrown.com>
Subject: Tickets

Hope all is well. Just a note to let Howard know I do want those 6 tickets to the Big Ten tourney. Thanks.

Sent from my iPad


[https://secure-
web.cisco.com/1 PkcagLThHaMV2I52NWOMLdxOdV I 5yjkS HO0eLGB5WejfVTLyUclOfA WheKhTyMiGAUM
mIJbtSjSMxdHhF I yUTSLUihHgDJZ-hEJ ORgd7mbZwfH LiQ-rT2f-
4 Tc9crWdR5kAnLMzN DG Yk8b VNiVVQ6 IU AdVcZau3ORpLU0h5 1bLeUHpPxQEXJgp6Bcg6U0pb2Ga ShISyP
H8o-
ELOEJHbK089p4Xj28Qvly2b2mxWx8KhjNc6o5 1GH3ucT I GwZDfGDUdjBg IVLK4 UwfhaGmokfwmp6A3 f wE
G l gekUQ-ByzsB4w4YOYPKhoip22aKE5GvF lptC0W y Vy3 nWjDiPMffxkzyAR WXslaih-
Hk9gbxeyNZbh0TSRgCMfuzSLArdoyXmgfsustsW8GGTiOtZM277OGfMA4ny4mJ3yxuOT8gmU-
cCW9 IuB9g BJG i7P3 0 seAKjAZutNDgx0zLLtw/https%3 A %2F%2Furldefense.proofpoint.com%2Fv2%2 Furl%3 F .
u%3Dhttp-3A www.baltimorecountymd.gov sebin n n county-
5 Fseal. jpg%26d%3 D Dwl FAg%26c%3 DeuGZstcaTDI lvimEN8b7jXrwgOf-
v5A Cdpgn VfiiMM%26r°/43DzW 6i5P2R NufDyR9sHLnoIGo6JtAUZ3xbhFwi IA 7OE%26m%3Dx Igg97VbzM
5BD-UxYtvEUBoXh47jYvnQYJ8YBBITnM%26s%3DFKakzHYzQfQsV6GgC-
ow4hTzbPB23cWsJeEaOcZJ Tg%26e%3D%5D%3Chttps%3A%2F%2Furldefense.proofpoint.com%2 Fv2%2Furl
%3 Fu%3 Dhttp-
3 A www.baltimorecountymd.gov%26d%3DDwIFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwgOf-
v5A Cdpgn VfiiMM%26r%3DzW 6 i5 P2R NufDyR9sHLnoIGo6JtAUZ3xbhFwi I A7OE%26m%3Dx Jgg97VbzM
5BD-
UxYtvEUBoXh47jYvnQYJ8YBB ITnM%26s%3Du4LP8QyyNvwUgFH78M9953OQkOzsFTUuBWe3a0VA0uA%

1
JOHN A. OLSZEWSKI, JR. STACY L. RODGERS
Co11111y Executive Co1111ty Ad111i11istrative Officer

January 18, 2022

Ms. Kelly Madigan


Inspector General
Office of the Inspector General
Baltimore County Government
400 Washington Avenue
Towson, Maryland 21204
RE: IG External Repo1t 20-013 - Owings Mills Metro
Center Fee Waivers
Dear Ms. Madigan:

Thank you for your recent report regarding the Owings Mills Metro Center Project and concerns
regarding fees and securities that have been waived. We have carefully reviewed the report. We note that
many of the issues outlined in the report occurred prior to the start of the present Administration.
Therefore, we are unable to address those specific items. However, we are able to speak to actions that
have occurred with the project since December, 2018 to the present. Please accept this communication as
the Administration's response to your findings and our actions regarding this matter.

II. The Agreement and Fees and Related Amendments


As your report reflects, the Owings Mills Metro Center Project was initiated over fifteen years ago. You
also advised that this project is "ve,y complex," with an Agreement consisting of 81 pages, numerous
exhibits and two amendments initiated in June 27, 2011 and March 18, 2014. We agree that the project
and the Agreement are very complex. We have reviewed the relevant language of the Agreement
provided in your report, contained on pages 3 through 7 . While the Agreement references fees, it did not
specify the nature, type or amount of fees nor any reference to the waiving of fees one way or the other.
Additionally, in reviewing other County agreements of a similar nature, we cannot find reference to the
"waiving of fees" one way or another.

Your letter notes in several places that the prior Administration had an agreement with the developer for
the wavier offees. Pages 11 and 12 of the report cite a March 24, 2014 email stating that "all building
permit fees shall be waived for projects coming in as part of the area known as Metro Centre at Owings
Mills" . Furthermore, page 12 of the report references a June 12, 2018 internal memo which states that "As
a result of the mixed-use, transit-oriented development at the Owings Mills Metro Center ("OMMC"),
which includes principal uses operated by the Baltimore County Government, no County fees and/or
securitieswill be assessed or charged to Owings Mills Transit, LLC, developer ofOMMC ... "

The letter goes on to note that the current Administration agreed to honor the above mentioned agreement
between the developer and the County for the waiver of fees in connection with the development of
OMMC. Such an action is cons istent with this Administration's practice - we have sought to honor
agreements made by prior Administrations.

400 Washington Avenue I Towson, Maryland 212041Phone 410-887-2450 I Fax 410-887-5781


ww,v. baltimorecountymd.gov
Response to IG External Report 20-013
January 18, 2022

Providing fee waivers in connection with large development projects has not been a practice of the
current Administration. We inherited this agreement, which had been in place for several years prior to
our Administration taking office. As such, it was appropriate for the agreement to remain in place.

Your letter describes how only the CAO can authorize fee waivers. It is important to note that when our
Administration became aware of this requirement, we quickly took action to appropriately and legally
execute the fee waiver agreement under the CAO's legal authority. This was completed via the September
21, 2021 letter to the developer (See Attachment!).

It is also important to note that the September 21, 2021 letter places a definitive ending point on the fee
waiver agreement. The letter states that the fee waivers only apply to "new construction of the approved
plan identified as "Metro Center at Owings Mills" dated 5/10/2005," and that "any modifications or
upgrades to the existing buildings once constructed will be subject to the permit fees." While our
Administration will honor the Agreement we inherited, we will not waive fees into perpetuity at this site.

I further note that our letter pertains only to "fees." The September 21, 2021 letter does not address
security certificates or waiving of certificates. It is the Administration's intent to adhere to the County
Code with respect to securities on any future phases of the development.

III. Applicable Sections of the County Code:


In reviewing the provisions of the County Code subject to this Agreement we would like to address
section 3-1-202 Fees -Authority to Establish and its application. Your report indicates that the "CAO
failed to notify the County Council ofthe waiving ofthe fees for the project." After further consultation
with the County Office of Law, we believe that this is a misinterpretation of this section of the Code.
There would be an obligation to report a fee change to the Council if the fee amount was established in
the Code pursuant to section 3-1-202 (d). However in this particular matter, there is no particular fee
amount established in the Code. Therefore, the CAO is not required to report either a change or a waiver
with respect to this project (See Attachment 2).

As reflected in my September 21, 2021 letter to the developer, the applicable Code provisions were cited
and followed based upon this interpretations The Office of Law is happy to discuss these provisions with
you further.

We also want to provide some additional background and discussion of section 32-4-313 - Reduction of
Secul"ity. As reflected above, we cannot speak for the prior Administration's decision-making regarding
the release of the securities ce1tificate (letter of credit) in 2011.

I am advised by staff that multiple securities certificates can be issued on various phases of a project. As
noted in the definition of security on page 5 of your report, contractors may apply for reduction in
security certificates for phases of projects that have been completed. Per County Code, all requests for
reductions are required to be reviewed and approved by the County Office of Law and the Office of
Budget and Finance - a process this Administration will follow.

2
Response to IG External Report 20-013
January 18, 2022

VII. Possible Benefits Provided to "Former Employee" by the Developer


In that the person referenced in your report is no longer a County employee, we believe the County's
Ethics Commission would be the most appropriate venue to address the concerns you raise in this section
of your report.

In conclusion, with respect to your question on page 17 regarding the refunding of fees collected by the
County - the County does not intend to refund any fees collected from the project.

Thank you for the opportunity to respond. Please let me know if you have questions or need further
information.

Sincerely,

ic~ l:,.,~
C0t:~~S(d~~inistrative Officer

Attachments

cc: John A. Olszewski, Jr. County Executive


Julian E. Jones, Jr., Chairman, Baltimore County Council
Patrick H. Murray, Chief of Staff
James R. Benjamin, Jr., County Attorney
C. Pete Gutwald, Director, Permits, Approvals and Inspections
David V. Lykens, Director, Environmental Protection and Sustainability

3
Attachment 1

JOHN A. OLSZEWSKI, JR. STACY L. RODGERS


Co1111/y l,,\ec11/il'e Co11111y Adm/11/slmlil'e Q{ficer

September 21, 2021

Mr. David s. Brown


David S. Brown Enterprises
100 Painters Mills Road
Owings, Mills, Maryland 21117
Towson, MD 21204

RE: Owings Mills Metro Center

Dear Mr. Brown:

I am responding to your request to waive permit fees associated with the project known as "Metro Center at
Owings Mills". Enclosed Is a memo dated June 12, 2018 stipulating that permit fees would be waived. Therefore,
in accordance with Section 3-1-202 (b) and 3-1-202(c) as the County Administrative Officer the permit fees for new
construction of the approved plan Identified as "Metro Center at Owings MIiis" dated 5/10/2005 (as Indicated In
the v icinity map below) are hereby waived. Any modifications or upgrades to the existing buildings once
constructed will be subject to all permit fees.

"'111 (OHUJIUOOH, flOM OU fOl\CW.WG.:


touNOA.\Y SUA1Ytr1 •~vtY umcuo, 11.Un»tt\ llC
AWA\ totOGWtrt' flO"= wnvou CWITT' G,rS:
nuo AV'i tON>G.WtrY IY: IVlVl't ll\Vt<U OI JI.U't\AJtO. ll(
llii"MOHVIHJAl H.O<US,ffd IY1 l(OSOl>KI H.OflUJONAU., ff<.
.o.ot11nva..u.. woswr. AAO 101 ttAk'J\"f(G! am.

Should you have any questions or require any additional Information, please feel free to call Mr. Pete Gutwald, the
Director of Permits, Approvals and Inspections at 410-887-3020 or email cpgutwald@baltlmorecountymd.gov.

Sincerely,

cc: Drew Vetter, Deputy County Administrator


James Benjamin, County Attorney
Pete Gutwald, Director of Permits, Approvals and Inspections

400 Wnshinglon Avenue I Towson, Maryland 21204 I Phone 410-887-2450 I Fox 410-887-5781
www.bal1itnorcco11nly111d.gov
Attachment 2

JOHN A. OLSZEWSKI, JR. JAMES R. BENJAMIN, JR., Co1111tyA1tomey


Co1111ty Executive Office of Law

January 14, 2022

VIA E-MAIL
Stacy L. Rodgers
County Administrative Officer
Baltimore County Government
4 00 Washington A venue
M ezzanine Level
T owson, Maryland 2 1204

Re: Legal Opinion re: Baltimore County Code, Section 3-J-202(d)

D ear Ms. Rodgers:

You have asked the Office of Law ("OOL") to opine on the application of subsection ( d)
o f Baltimore County Code ("Code") Section 3-1-202, to the County Administrative Officer
( CAO)'s granting of waivers for development fees when the fee amount is not established under
the Code. It is OOL's opinion that Section 3- l -202(d) does not apply to the granti ng of waivers
for development fees when the fee is not established in the Code. In fact, this would be applicable
to any fee that is not established in the Code. As such, the CAO is not required to report such
waivers to the County Council.

Section 3- I-202(d) of the Code states as follows:

"(d) Same - Procedureforfee amounts established by the Code.

(I) Notwithstanding any other law, before chang ing a fee amount established in the
Code, the County Administrative Officer shall submit to the County Council the
proposed change in the amount of the fee and the reason for the change." (emphasis
added).

Since fee amounts are not established in the Code for development projects, it is OOL's
o pinion that Section 3- I-202(d) does not impose the reporting requirement on the CAO that would
o therwise be required for a change if the fee amounts were established in the Code. Further, read
in conjunction with subsections (b) and (c) of Section 3-1-202 of the Code, since the fee amounts
are not established in the Code, the CAO has the full authority to determine and establish the
amount of a fee and to change the amount of any fee as the CAO considers appropriate, without
approval of the Council.

Subsection (b) and (c) of Section 3- 1-202 state:

"(b) Establishment offees. If a fee is authorized by the Code, but the amount of the fee
is not established by the Code, the County Administrative Officer may determine and
establish the amount of a fee.

Historic Courthouse 1400 Washington Avenue I Towson, Maryland 2 1204 1Phone410-887-4420 I Fax 410-296-093 1
\Yww.baltimorecountymd.gov
Stacy L. Rodgers
County Administrative Officer
January 14, 2022

(c) Changing fees - Authority in general. Subject to subsection (cl) of this section, the
County Administrative Officer may change the amount of any fee as the County
Administrative Officer cmisiders appropriate."

Accordingly, there is no requirement for the CAO to submit or to report fee waivers for develop ment
projects to the Council. Subsection (d) of Section 3-1-202 simply does not control in this situation.

Sincerely yours,

James R. Benjamin, Jr.


County Attorney

cc: Susan B. Dubin, Deputy County Attorney


Romaine N. Williams, Assistant County Attorney

You might also like