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Delegation to hear concerns on sheriff’s office, slots, wind power

Kevin Spradlin
Cumberland Times-News

(from article)

In Garrett County, emergency services, legislation to authorize an increase in the hotel/motel tax and to establish minimum setback requirements and decommissioning standards for commercial wind turbines are key issues.

Among statewide issues, local organizations are seeking state lawmakers’ support in keeping teacher pensions state-funded and to modify the collective bargaining process that currently allows the state Department of Education, instead of an independent mediator, to serve as final authority in labor disputes between teachers’ unions and the state board.

Rocky Gap State Park is one of five locations authorized to operate slots. The eastern Allegany County facility is permitted up to 1,500 machines. To date, there has been no qualified bid submitted for the site. The Allegany County commissioners asked the delegation in November to introduce a bill that would allow third parties to purchase licenses to operate some of the machines.

The Garrett County commissioners have asked the delegation to introduce a bill that would grant them the authority to increase the hotel/motel tax. It’s an issue that local businesses and property owners object to. Joyce Bishoff, interim president of the Garrett County Chamber of Commerce, indicated that an accommodations tax increase could turn people away from visiting.

The commissioners also want the authority, as their counterparts in Allegany and Kent counties do, to have public sales of homes of residents who are 60 days or more delinquent in the payment of water and sewer bills. During a November meeting, the county’s Department of Public Utilities noted property owners were more than $280,000 in arrears.

There have been a number of requests from private individuals and agencies as well.

Linda Jones of the Garrett County side of Lonaconing is asking the delegation to continue pushing for equal payments for widows deemed “wholly dependent” and “partially self-supporting” after a death in the workplace. Jones, whose husband Dale Jones was killed in April 2007 during a mining incident along with Frostburg resident Michael Wilt, praised the passage of legislation in 2009 that increased payments, but wants a level playing field.

Frostburg resident and former state senator John Bambacus has appealed to the delegation to codify Gov. Martin O’Malley’s ban of wind turbines on state land. Bambacus said the ban currently is continued only at the whim of the state’s chief elected officer.

Bambacus also wants legislation introduced to prohibit wind turbines on mountain ridges in Garrett and Allegany counties.

In correspondence with Bambacus, Delegate Wendell Beitzel said such legislative efforts might be “futile ... due to the current frenzy to develop alternative energy sources and the governor’s opposition to anything that stands in the way of wind energy development.”

Beitzel also said that such legislation “could come back to haunt us” if it would prevent other possible uses that would “foster economic development, recreational infrastructure and tourism-related activities.”



If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

courtesy Republican News

Oct. 9, 2008

After more than two years of preparation, numerous meetings and public hearings, and hundreds of volunteer hours, Garrett County has a new comprehensive plan. The county commissioners unanimously approved and adopted the 216-page document on Tuesday.
"This has been a long time coming," said Commissioner Denny Glotfelty.

The new document however, differs somewhat from the one adopted unanimously last week by the Planning Commission, the local organization that has overseen the plan's drafting process since June 2006.

Director John Nelson, Garrett County Department of Planning and Zoning, said two paragraphs in the "Ridgelines" section of the Sensitive Areas chapter were eliminated from the Planning Commission's version.

One paragraph recognized ridgelines as "sensitive areas in need of protection." It also noted that ridges contribute to the "aesthetics, scenic quality, and overall character of the county" and help attract visitors, who are "vital to the health of the tourism sector of the local economy."

The second deleted paragraph noted that large scale use of ridgelines for wind power development "could be incompatible with the aesthetics, scenic quality, and rural character of the county."

Nelson said the commissioners also added two lines to page 15 in the Sensitive Areas chapter. The first states that "the county further acknowledges property rights of owners of land that is suitable for wind power facilities to use that property for that purpose."

The second added line notes that the commissioners "intend to seek legislation to establish setback requirements from property lines and from existing residences to wind turbines." This line was also added to the policy and implementation sections of the plan.

The commissioners formerly rejected the Planning Commission's document and adopted their revised version.

"No offense, Troy," Commissioner Ernie Gregg told Planning Commission chair Troy Ellington.

Ellington did not appear to be offended. "We can agree to disagree," he said.

The commissioners commended Nelson, Ellington, the Planning Commission, and local residents and property owners for their contributions. Glotfelty noted that the Planning Commission is a group of volunteers who spent much time on the Comprehensive Plan.

Nelson also commended local residents and property owners for their help and comments during the drafting process.

"At virtually every public meeting that we had, we tried to utilize those comments that were submitted," Nelson said. "And the document that you see before you is the result of a lot of public input and changes to policies that are in our existing plan."

"I agree, John," Gregg said. "The process truly did work in this case. The public had the opportunity to participate, and they did."

"I don't think there is going to be any comprehensive plan in the state that has had any more public input than the one you all have done," Commissioner Fred Holliday told Ellington. "It's great. That's the way government's supposed to be. There was just that one thing (the ridgeline issue) there that we just didn't totally agree with."

Holliday indicated that a another plan would not have to drafted for quite a while, as the newly adopted one would be good for about six to 10 years.

The county's former comprehensive plan was more than 10 years old. The new document proposes goals, objectives, principles, and standards, and establishes county policy with respect to land use, transportation, community facilities, water resources, housing, mineral resources, sensitive areas, and economic development, and includes recommendations for implementing the plan. It also includes a component for the Deep Creek Lake influence area.

Glotfelty noted that now that a new plan has been adopted, it was time to move forward to the next phase of the process.

Nelson said the Planning Commission's next work assignment will be to adjust local ordinances that will implement this new plan.

Copies of the document will be available at all branches of the Ruth Enlow Library, the Garrett College library, and on the county's web site. Nelson said some copies will also be available for purchase.


If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

courtesy Republican News


Sep. 18, 2008

The Garrett County commissioners heard a departmental update report on Tuesday from Planning and Land Development staff members. Among the topics discussed were the Maryland Department of Transportation (DOT) secretary's annual visit, outdoor signage legislation, the Garrett County Comprehensive Plan draft, and building permits.
Garrett County Planning and Land Development director John Nelson told the commissioners that DOT Secretary John Porcari and State Highway Administration officials would meet with them on Friday, Oct. 3, at 10 a.m. at the courthouse. The event is open to the public.

State officials will discuss local and state projects outlined in the DOT's Consolidated Transportation Program draft for fiscal years 2009 through 2014. Local officials have also compiled a "wish list" of their own concerns, questions, and priorities that they will present at that meeting.

Topping the priorities list once again is the Rt. 219 Oakland Bypass project, although the DOT announced last week that it and numerous other capital projects across the state have been deferred in the Consolidated Transportation Program because of the national economy.

"But it can be modified at any time, in any given year, perhaps after the economy turns," Nelson said about the program.

Several other local projects have also been deferred, but which ones those are will not be known to the general public until the Oct. 3 meeting.

Also on the commissioners' list of concerns/priorities are the Rt. 219 North alignment project, improvements to the Rt. 219 corridor throughout Garrett County, continued upgrades to Rt. 42, and possible upgrades to Rt. 495 in order to alleviate traffic within the Deep Creek Lake area.

Nelson also noted that the local Planning Commission will ask state officials to improve signage/line striping along Rt. 135 at the bottom of Backbone Mountain in Bloomington to delineate the road turning movements. Motorists often have trouble, especially at night, distinguishing between the highway and a NewPage lumber yard.

In addition, Nelson reported that the Recreational Trails Committee for Garrett County is ready to develop a trails network. The Planning Commission, therefore, will encourage DOT officials to fund the Meadow Mountain Trail, which will connect Deep Creek Lake State Park to the Comfort Inn in Grantsville, and the Deep Creek Trail, which will connect Wisp Resort to the Visitors Center in McHenry.

Nelson also reported that the Sign Task Force recently met. This ad hoc committee was formed by the commissioners to access the need for outdoor advertising sign regulations and possible legislation.

At their Aug. 19 meeting, task force members passed a motion to recommend that the commissioners first seek legislation that would merely give them the authority to regulate outdoor signs.

"The task force believes this simple authority would provide the county with the flexibility to develop an appropriate level of control within a local ordinance and that the specific text of the ordinance would not be contained within state law, thereby allowing greater flexibility for change to the standards in the future," task force chair Tony Doerr wrote in a letter to the commissioners.

The task force members offered their services to define and develop the specific content of any future county regulations, Nelson noted.

The director also reported that the Planning Commission will most likely adopt its final draft of the Garrett County Comprehensive Plan at its next meeting. The draft will then be given to the commissioners for their review.

Nelson noted, however, that there is a discrepancy between what the Planning Commission wants in Chapter 7 (Sensitive Areas) and what the commissioners would like to see.

The director indicated he would bring the Planning Commission's final draft, plus a revised page or two of Chapter 7 that reflects the commissioners' viewpoints, to the commissioners' meeting on Oct. 7.

Permits and Inspections chief Jim Torrington reported on permitting activity. He presented the commissioners with a spreadsheet, comparing data from January through August 2008 with the same time frame in 2007, 2006, 2005, and 2004.

Overall, Torrington said, building permits were down nearly 20 percent this year compared to the first eight months of 2007. Housing starts for that same period were down 27 percent.

Torrington noted, however, that commercial/institutional permits were up 30 percent compared to last year. Fifty-two permits were issued in 2008, while 40 were approved the previous year.

He pointed out that this year's commercial projects are primarily small scale, involving renovation work. The total builder declared value of the 52 initiatives is more than $10.4 million. However, the two largest projects – the Oakland Lowe's store and Mountain State Brewing Company along Sang Run Road – account for $6 million of that figure.

The commissioners will not hold a public meeting next week. Their next scheduled meeting date is Tuesday, Sept. 30.


If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

courtesy Republican News


Aug. 21, 2008

The Garrett County commissioners announced yesterday that they have abandoned plans to construct a new $19.4 million public safety center on the current site of the Garrett County Roads Department along U.S. Rt. 219 in Oakland.
"This decision by the Board of County Commissioners was finalized after serious thought and deliberation," said chairman Denny Glotfelty. "The board had to look at the long-term financial outlook of Garrett County government in conjunction with unknown state cutbacks. Operating the county within affordability limits for our citizens, while improving the quality of all public services, will remain our number one priority."

The proposed public safety center had previously been planned as the site to locate a new detention center and administrative offices for the sheriff's office.

Planning is under way to evaluate possible renovations of the county's current detention center and public safety/emergency management offices.

Glotfelty noted that the population of inmates at the jail has not increased according to projection figures from a few years ago.

“We believe that there is sufficient space in the current location to adequately address the detention center needs,” he said, adding that some of the underground parking area could be utilized.

Appraisals on the current roads department site have been prepared, and the course of action to sell the property will be undertaken, according to county administrator Monty Pagenhardt. The property is currently appraised at $3.7 million.

“That number will likely increase,” Glotfelty said, “because of the commercial development that is under way right now along Rt. 219 in Oakland. With the Lowe’s under construction now, and several other projects anticipated, the county roads property can only increase in value.”

The commissioners have also deferred final approval of the bid award for the Community Athletic and Recreation Center so that additional state and private funding can be explored. A final decision on this facility, which has been determined by the board to be a priority within projected financial affordability, will be made after the request for additional funding from the state has been reviewed and definitive funding has been approved, Pagenhardt said.

The commissioners met this week with Senator George Edwards and Garrett College officials to discuss the rec center project, which is to be built on the McHenry campus.

Pagenhardt added that the commissioners asked Senator Edwards to pursue potential additional funding for such a project when the 2009 General Assembly begins in January.


If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

Jul. 3, 2008
Community Action Committee president Duane Yoder asked the county commissioners last week to transfer county-owned land to his agency for a workforce/affordable housing project.

The initiative is being planned in conjunction with the proposed McHenry Business and Technology Park, slated for the county's White Face Farm property near the airport. Yoder noted that the housing site would be a prime location for business park employees to live.

"We are asking for a contribution of approximately 50 acres," he said. "This is based on discussions with Economic Development (Garrett County) in terms of how much land they will need for the business park."

The original housing project has been scaled back because of the needs of the park and Federal Aviation Administration, Yoder said.

Community Action's vice president for development, Cherie Ross, presented the commissioners with a preliminary rendering of the site plan created by architect Doug Devlin.

Between 250 and 300 units would be constructed for people of various income levels. The actual number of units, however, would depend on the county's planned residential development stipulations (PRD) and the amount of "green spaces" that can be incorporated into the project.

"We're looking at and exploring various housing types," Devlin said. "We think modular is going to be a major player in terms of being able to provide affordable housing."

The units would be a mix of single-family and multi-family homes, duplexes, and, perhaps, "miniature" cottages, ranging from 450 to 1,000 square feet. Some of the residents would own their homes, while others would be renters.

The idea is to create a place with a traditional, neighborhood or village-type of feel. Devlin said, however, that a market study was needed to calibrate the best mix of housing types for the project.

Yoder also noted that the study was needed to see where the business park employees would fit into the housing arrangement.

The president added that one of the main features of the housing project is a parcel on the west side of the proposed site. That area is too steep to be developed, he said.

"We would ask that [parcel] also be added to the contribution by the county for the purpose of allowing us to use it to meet the PRD formula and requirements," Yoder said.

But ultimately, he said, the parcel would be put into some type of conservation district and never developed.

"Although, we would use it for recreational purposes, trails, and so on," Yoder said.

Other nearby green spaces that could be used in conjunction with the housing project are two ball fields that were established through Program Open Space. The POS sites, undeveloped parcel, business park, and other places in McHenry could all be connected with public walking trails, Devlin noted.

Yoder said the primarily targets for the homes would be the workforce and for-sale housing markets. Some of those dwellings would be sold/rented through a subsidy program, while others would be available at the market rate.

"Without those subsides, I don't think we can do it," he said about providing affordable housing for local workers. "With them, I think we can."

Under the subsidy program, homeowners and renters would have to meet certain income guidelines.

"I think we all agree that we want to promote home ownership, and, ideally, we'd like to do that through the market," said Director Jim Hinebaugh, Economic Development.

But, he noted, while local wages have increased somewhat in recent years, they have not kept up with inflation and increased housing costs. As a result, many cannot afford a home at market prices.

"I think Duane's proposal is one way to get there," Hinebaugh said about helping workers obtain affordable housing.

Yoder presented the commissioners with a workforce housing proposal, outlining ways to assure that the subsides go to the target population and that they are not misused. The proposal includes creating a land trust to provide sustainable affordable housing for the future and provisions for home sales.

If a home is sold under an appraised market, Yoder explained, a certain percentage of the appreciated value would go toward the land trust, based on the number of years of ownership.

He also told the commissioners that Community Action wants to encourage developers to be a part of the housing project. Yoder indicated that his agency did not have the time that is necessary to finish the initiative in short period of time. To speed up the project, developers could buy three or four lots and construct the homes following Community Action guidelines.

Yoder noted that Economic Development needed to know the basic boundary lines of the housing project so that it could move forward with the business park.

The commissioners discussed the issue further this week and approved the transfer of about 50 acres to Community Action for its project.

"The county is also considering transferring an additional 50-70 acres of property that has less/little development potential into a conservation easement," Hinebaugh said yesterday. "This would potentially increase the density and number of residential units in the Community Action residential development."

County administrator Monty Pagenhardt noted yesterday that the county will now benefit from real property tax revenue on the developed land that it most likely would not have received had the transfer not been approved.