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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.”



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Wind facility would threaten endangered species

To the Editor:
Cumberland Times-News

Dear Mr. Secretary: In light of the recent federal court ruling on endangered species, I am trying to understand the department’s position on current Maryland law which exempts any industrial wind plant project from comprehensive environmental review process (PSC CPCN hearing process) if its generating capacity is limited to 70MW or less.

You will recall that the department opposed the passage of this law, requested by Synergics President Wayne Rogers after he withdrew his initial 40MW proposal targeting the Roth Rock ridge in Garrett County when faced with endangered species conditions he found objectionable.

Under SB 566, which passed the General Assembly in 2007 and was signed by Gov. O’Malley, Rogers reapplied for an exemption, again for a project along Roth Rock, this time requesting to build a 50MW plant.

Synergics has argued that the PSC cannot consider in its “exemption” determination any issue other than “grid safety and reliability.” Current law, as I understand it, precludes any comprehensive environmental review, and thus the conundrum facing the Department.

Does the department agree that it no longer has any role to play in protecting threatened and endangered species as these might be affected by the installation and operation of 70MW or smaller wind projects?

Will it continue not to challenge the current PSC interpretation that, because it believes the Maryland General Assembly’s intention was to rescind any socio-economic or environmental oversight, it cannot deny permission to a developer of a 70MW or smaller industrial wind plant — even if the wind energy project might result in harm to species listed by DNR as endangered and thus heretofore protected under the State’s Nongame and Endangered Species Conservation Act?

In the case of the Mourning Warbler at Roth Rock, for example, a massive wind project could indeed remove this state endangered species from its only reliable nesting site in the state.

Interestingly, in Synergics’ original application for its Garrett County wind plant (Case No. 9008), the department filed extensive comments which expressly asserted and explained that the Mourning Warbler, protected under Maryland’s Nongame and Endangered Species Conservation Act, would be harmed.

Under the re-filed “exemption” application (Case No. 9191), there is no filing from the Department and no mention of the endangered Mourning Warbler issue.

As you know, I filed a request for internal DNR staff documents under the state’s Public Information Act, and was told that such records were “pre-decisional” and therefore not made available to me.

It may be that by ignoring the implications of federal law for Maryland, not to mention state law, the department is at risk for failing to implement and enforce the law.

As your expert staff knows well, Golden Eagles and other species of concern are placed at risk by any massive industrial facility placed high above the ridgelines of Maryland’s mountains.

John N.Bambacus

Frostburg



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

Sarah Moses
Cumberland Times-News
OAKLAND - As zoning has been presented as the only option for preventing or limiting the construction of wind turbines in Garrett County, adopting zoning might be possible through a referendum vote in each district.

"Wind power opponents have felt we could enforce this, but we don't have the authority," Ernie Gregg, county commissioner, said during Tuesday's commission meeting.

John Nelson, director of planning and land development, explained that while the county has the authority to approve or deny projects through the building code, these decisions are based only on the safety and engineering of the structure, not height or appearance.

Nelson said that zoning regulations would allow restrictions to be placed, but that zoning that is not countywide can only be instituted by geographic region or by political district.

Jerry Plaugher of Deer Park asked why it wouldn't be possible for restrictions to be placed on the ridge tops to prevent the construction of the turbines.

Denny Glotfelty, commission chairman, said that such restrictions would also affect other industries, including communication towers, which haven't been an issue at this point in time.

Nelson added that zoning requires a comprehensive plan of the area to be zoned, and that would mean lumping together all the areas in the county with ridge tops as one group.

It had been suggested at a planning meeting last week that the commissioners approve a moratorium on development of wind turbines and that they pursue legislation to allow the county to have some form of authority over future projects. That suggestion was deemed impossible by the commissioners after consulting with the county attorney.

They said that a moratorium would require a halt on all building projects in the county and that without some form of zoning, no legislation would have any authority behind it.

The commissioners said they would be open to putting zoning up for a referendum, but only if there is a definite showing of support for the action. This would allow the zoning to be grouped by district as the Sunday alcohol sales have been.

Plaugher said he couldn't see that happening.

"Zoning, it's something that really rankles people," Plaugher said. "Zoning regulations start out very simple, but give them 20 years."

Contact Sarah Moses at smoses@times-news.com.

GC Commissioners Oppose Placing Wind Turbines On State Property

Feb. 7, 2008
The Board of Garrett County Commissioners issued an official statement on Tuesday opposing the placement of wind turbines on state land in the county. The vote was unanimous.

Pennsylvania-based U.S. Wind Force recently asked Gov. Martin O'Malley for leases on about 400 acres in the Savage River and Potomac state forests. The private company wants to construct about 100 40-story tall wind turbines.

Commissioner Ernie Gregg said the board's vote was based on the public's strong outpouring of opposition to the proposal.

"Personally, I feel it's an inappropriate use of public lands," he added.

The county commissioners had deferred any official comment on the issue until the Department of Natural Resources conducted two public hearings, which were held last week in McHenry and Annapolis.

About 500 people attended the local event, and more than 200 were at the Annapolis hearing. The vast majority of those who spoke at both hearings were opposed to using public lands for private energy projects.

"I still support wind power, on the whole," said Commissioner Fred Holliday. "Nothing has changed my opinion on that."

But, he noted, public lands were for recreational use. He added that he supports management of state forests and did not feel that current logging practices would have the same effect as turbines.

Commissioner Denny Glotfelty said it was important to preserve public lands for the enjoyment of future generations.

"As for private property, there is no zoning [county-wide in Garrett County], and it's the private property owners' decision," he said about the construction of wind turbines.

Director John Nelson, Department of Planning and Land Development, indicated that the county may pursue legislation to regulate and license the use of wind energy in the county. But, he quickly added, the regulations could not be applied to state lands.

The commissioners informed O'Malley about their position in a letter on Tuesday. A copy was also sent to DNR Secretary John R. Griffin.

"We are aware that your administration has a strong interest in looking at alternatives to augment [and] increase the Maryland electric production," the commissioners wrote. "We believe that wind generation is a significant supplement to not only the state of Maryland's energy independence but also nationwide.

"Having said this, we are writing to voice our opposition to constructing wind turbines on state of Maryland property in Garrett and Allegany counties. The board of county commissioners has supported and will continue to support the construction of wind generation turbines by Clipper Windpower and Synergics Energy."

Those two companies have proposed projects for private lands in Garrett County.

"By far, the majority of public opinion received by this office and conveyed at both public hearings is in opposition to the construction of wind generation turbines on state land," the commissioners continued in their letter to the governor. "This opinion is shared by those parties who support wind energy on private property."

County administrator Monty Pagenhardt said the commissioners "took some heat" for not announcing their position on the state forest project earlier. The county attorney and other staff members had advised them to wait until after the hearings, Pagenhardt noted.

"I feel it was appropriate," said Director James Hinebaugh, Garrett County Department of Economic Development, about the commissioners' decision to defer their announcement. "They let the public process run its course. They allowed the proponents to have their day in court, so to speak."

In doing so, Hinebaugh added, the commissioners did not give into public pressure or attack the governor and state.

Glotfelty stressed the im-portance of keeping an open relationship with the governor and DNR secretary.

"We have to work with them," he said.

Gregg said it is standard protocol to wait until after a public hearing is held before rendering an opinion on an issue. If the commissioners had presented an opinion before the hearings, Gregg said, they would have been accused of making up their minds before members of the public had a chance to present their views.

The DNR will accept comments about placing turbines on state land until March 3 at dnr.state.md.us.sustainability/wpm.

Secretary Griffin will review the public hearing and online comments and make a recommendation to O'Malley and the Maryland Board of Public Works, which is comprised of the governor, treasurer Nancy Kopp, and comptroller Peter Franchot.

"It's up to those three whether it goes or not," Holliday said about the turbine project.

First, a moth problem; now a myth problem

To the Editor:

In the early morning hours of Feb. 1, many Garrett County residents returned from the DNR meeting held in Annapolis feeling very proud that a vast majority of those commenting on the question: Is the installation of industrial wind turbines on state land a proper use of Maryland public lands? answered a resounding "NO."

About 200 attended the meeting held at the Arundel Center Thursday evening and 63 made public statements. Of those who spoke 56 opposed turbines on state land (namely on Backbone Mountain and Meadow Mountain ridges) while seven spoke in favor. There were 15 in opposition who did not reside in Garrett County.

Frank Maisano hired by the US Windforce argued that turbines, a source of clean energy, would increase tourism as people would be drawn to the area to view the 40 story high turbines. This caused somewhat of a derisive reaction from the audience who seemed opposed to that type of tourism. It was also stated that the visual blight would be no worse than that of the Wisp Ski Resort which lights up the Deep Creek Lake slopes.

Mike Tidwell of Chesapeake Climate Action Network spoke in favor because he believes that wind energy will be part of the solution to slow down global warming and would supply clean energy to Allegany and Garrett County.

The overwhelming majority however departed from these views with arguments ranging from aesthetics to wildlife, from wildlife diversity to energy effectiveness. The most stated reasons were that wind turbines while destroying the economic advantages Garrett County enjoys from tourism and various outdoor sports activities, including hunting, would deliver a disappointing amount of energy, as the wind blows inconsistently in this area and delivers only 30 percent efficiency levels.

Paul Fletcher stated humorously that in Garrett County "We had a moth problem; now we have a myth problem."

Moreover, the energy will be funneled out of state and will not supply Allegany or Garrett County with energy or remediate Maryland's forthcoming energy needs that will kick in by 2011 according to the Energy Administration.

Another negative stated by opponents was the destruction of forests that absorb carbon and provide habitat for a diversity of species of plants and animals. The fragmentation of public forests extending uninterrupted along the Appalachian ridges would adversely impact all of plant and wildlife even that existing around and not directly on the ridges and would be irreversible.

Statistics were quoted from European countries using wind energy about the decrease in property values of land owners living near the turbines. Mentioned also was the direct impact that huge turbines would have on New Germany State Park which is located next to Meadow Mountain. Turbine blades, a football field long, would spin over heads of the 30,000 annual visitors who come to that park to seek an oasis of natural tranquility.

Many creative solutions were proposed for meeting Maryland's future energy needs that would not involve the clear cutting of public lands. From both meetings in Annapolis and earlier in Garrett County, it is obvious that many groups and individuals stand opposed to the use of public lands for industrialized wind turbine plants.

Kathy Tunney
Grantsville

GC Planning Commission Asks For Legislation, Moratorium On Turbines

Feb. 7, 2008
By unanimous vote, the Garrett County Planning Commission has decided to remove wording of county support for wind power from its comprehensive plan draft. In an 6-2 vote, the group also recommends that legislation be introduced that would give the county authority to regulate wind turbine.

Additionally, the commission members want the county commissioners to place a moratorium on wind turbine development in Garrett County.

Those decisions took place yesterday during the Planning Commission's regular monthly meeting at the courthouse. About 25 people attended the event, with several voicing concerns about how the proposed plan deals with wind turbines.

Some of the those same residents discussed the issue last week with the Garrett County commissioners, questioning why a paragraph about wind power needed to be included in the plan. They noted that the wording conflicted with the local Heritage Plan, which designates the entire county as a heritage resource.

The original paragraph in the comprehensive plan refers to a turbine project that has been proposed along the southern end of Backbone Mountain.

"While the county acknowledges the potential negative impacts of wind power facilities, it also recognizes the benefits, especially those related to clean, sustainable power generation, and the socioeconomic and fiscal benefits to the county," the paragraph reads. "On balance, the county supports wind pow-er at appropriate locations, provided any site-specific negative impacts can be mitigated."

The Planning Commission wants to remove that last line.

At their meeting last week, the county commissioners told the residents that the passage was needed because wind energy is a potential issue that needed to addressed. The commissioners were in Annapolis on Wednesday and were not able to attend the Planning Commission meeting.

The commissioners, however, issued the following statement this morning:

"The Board of County Commissioners has considered the public comments and recommendations of the Garrett County Planning Commission, specifically in relationship to the regulation of and a potential moratorium on windmills in the county. The Board of County Commissioners appreciates the role of the Planning Commission in addressing important planning functions and appreciates the advice that it receives from that commission.

"The Planning Commission has recommended the imposition of a moratorium on the location of windmills in Garrett County. A moratorium, under current county regulations, would require a moratorium on all building construction not simply the one area, wind power. The moratorium on all construction and the issuance of all building permits is, in the opinion of the Board of County Commissioners, not an appropriate remedy in these circumstances.

"The regulation of land use is a product of the power of the Board of County Commissioners to adopt and implement zoning regulations as a power delegated to the county by the state under the provisions of Article 66B of the Annotated Code of Maryland. Garrett County has accepted the delegation of power and regulates land use through the Deep Creek Watershed Zoning Ordinance in those areas within the watershed of Deep Creek Lake. Outside of that watershed and that zoning district, the county has not adopted comprehensive land use regulations through zoning.

"Land use in the state of Maryland has generally been administered on a local level. The Planning Commission fills one of the vital roles in the process of land use regulation. The im-plementation of or recommendation for additional legislation, as the Planning Commission has recommended, is a matter that requires greater study before requesting action by the legislature. As the Planning Commission understands, the regulation of land use under authority of Article 66B necessarily requires a comprehensive approach to all land use, not simply a single form of use such as wind power. It may be appropriate for the Planning Commission to consider the issue of comprehensive land use (countywide zoning) as a part of their role in local land regulations."

Sen. Edwards States His Opposition To Wind Turbines On Public Lands

Jan. 24, 2008

Sen. George Edwards has now joined Del. Wendell Beitzel in voicing opposition to industrial wind turbines being placed on public lands. Edwards wrote a letter last week informing Gov. Martin O'Malley of his position on the issue.

"I know you have a strong interest in looking at ways to increase our electricity production, as do I," Edwards wrote. "As I told you, I am writing to state my opposition to putting windmills on state land in Garrett and Allegany counties."

Pennsylvania-based U.S. Wind Force recently asked O'Malley for leases in Potomac and Savage River state forests to clear an estimated 400 acres and to construct up to 100 40-story tall wind turbines. Since that information became public last month, many local residents and groups have stated their opposition to the project.

"This is not a partisan issue," Edwards wrote in his letter to O'Malley. "I have taken time to look at the issue and speak to numerous individuals and groups. These groups include sportsmen's clubs, union leaders, environmentalists, and the like. By far the majority of these people oppose the construction of windmills on state lands (even those who support windmills)."

Edwards acknowledged that energy is one of the most important issues facing the entire nation and that work must be done as quickly as possibly to achieve energy independence. But, he wrote, as the Maryland Energy Administration's Strategic Electricity Plan points out, there is no "silver bullet" that will enable Maryland to solve this problem overnight.

"That is why we will need to use all of the energy resources we have, in addition to conservation, to get to that goal," Edwards wrote.

But the senator went on to state, "There can never be enough windmills built in Maryland to even come close to meeting the increased demand in electricity needs by 2025. Nevertheless, based on all of the information I have gathered and evaluated, I respectfully request that you not allow windmills on state land in Garrett and Allegany counties."

The Department of Natural Resources will hold two public forums for Marylanders to express their views on wind turbines being placed on public land. The meetings are scheduled for Wednesday, Jan. 30, from 6:30 until 9 p.m. in the Garrett College auditorium, McHenry, and Thursday, Jan. 31, from 6:30 until 9 p.m. in the Arundel Center, Room 161, 44 Calvert Street, Annapolis.

Written comments are also accepted online at www.dnr.state.md.us/sustainability/wpm.