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With stipulations, PSC agrees to Fourmile waiver

Elaine Blaisdell Cumberland Times-News

FROSTBURG — The Maryland Public Service Commission is recommending that Fourmile Wind Energy LLC’s request of a Certificate of Public Convenience and Necessity waiver application be granted. However, it has placed conditions on the Fourmile Ridge wind project, according to a letter to David Collins, executive PSC secretary, from PSC Office of Staff Counsel.

“In light of the limitations the commission has recognized with respect to wind energy CPCN, staff has no objection to granting the waiver. However, staff notes that the applicant has not filed a final interconnection agreement between the applicant, PJM and Potomac Edison,” said the letter.

Fourmile Wind Energy’s request for approval to construct up to 24 wind turbines in eastern Garrett County is listed on the draft administrative agenda for Wednesday’s PSC meeting.

A set of similar conditions allowed Synergics to construct the Roth Rock project but precluded it from going into operation until those conditions were met.

PSC staff is recommending that the same conditions that Synergics met when building the Roth Rock project be applied when building the Fourmile Ridge project.

Two weeks prior to putting any portion of the project in service, Fourmile Wind Energy shall file with the commission a listing of transmission system improvements re-quired by PJM as well as a listing of the requirements of the interconnecting transmission line owner and certify that interconnection requirements have been met, according to Craig Taborsky, electric generation transmission engineer, on behalf of the PSC.

“The project should not have an adverse effect on the grid providing it meets the requirements of the PJM’s impact studies and interconnection service agreement,” said Taborsky.

One of the conditions suggests that construction on the project begin within one year of approval of the waiver and that it must have at least one functioning wind turbine within two years.

An exemption from the CPCN requirement will put the Fourmile Ridge wind project on the fast track.

Construction has been slated for spring.

Taborsky also recommends that Fourmile Wind Energy grant state agencies access provided proper notice is given and any upgrades to the transmission system are required to be in service after the startup date and should be listed with a completion date.

Another recommendation is that expansion, including more turbines or higher output, will be subjected to further review by the PJM and PSC.

Synergics developed the Roth Rock project on Backbone Mountain, which began operation in 2011. That project contains 20 wind turbines at the tune of $110 million.

The Senate bill that requires wind turbines in Garrett County to comply with certain setbacks passed and is awaiting Gov. Martin O’Malley’s signature or veto. The house bill that was cross-filed with the Senate bill failed.

“The legislation will not be effective until Oct. 1, 2013, so Fourmile, if their plans are as expected, will not follow under any of the conditions of the legislation,” said Monty Pagenhardt, county administrator. “The legislation is an act of emergency measure, is necessary for the immediate preservation of the public health or safety, and shall take effect from the date it is enacted.”

Contact Elaine Blaisdell at eblaisdell@times-news.com.

Horse tests positive for rabies virus in Garrett County

Health department urging livestock owners to consider vaccinations for animals

From Staff Reports Cumberland Times-News

OAKLAND — The Garrett County Health Department is urging livestock owners to consider rabies vaccinations for their animals after a horse in the Oakland area tested positive for the rabies virus Monday.

The horse exhibited symptoms of illness April 7 and, after attempting to treat the symptoms for several days, the decision was made to euthanize the horse and test it for rabies. The Department of Health and Hygiene Rabies Laboratory in Baltimore reported a positive test Monday.

The horse’s owner developed a list of people who had possible exposure to the virus. As a result, nine people are receiving post-exposure treatment for rabies. In addition, all the cats, dogs and remaining horses on the property are being vaccinated or re-vaccinated. The animals will be observed for 45 days.

Livestock owners should contact their veterinarian for recommendations on vaccinating, as Maryland law does not require livestock to be vaccinated except for those that appear in petting zoos, fairs and similar events.

Maryland law requires all dogs, cats and ferrets older than 4 months to be vaccinated against rabies.

Low-cost rabies clinics are scheduled as follows:

• May 6 to 10, all from 5 to 6 p.m. — May 6, Grantsville Elementary; May 7, Gorman Volunteer Fire Department; May 8, Accident Elementary; May 9, Friendsville Elementary; May 10, Bloomington Volunteer Fire Department.

• May 11, 10 a.m. to noon — Garrett County Health Department.

The clinics are available for all dogs, cats and ferrets 3 months and older. Pets need to be restrained when brought to the clinic.

This is the first confirmed case of rabies reported in Garrett County this year. In 2012, there were six confirmed cases, four in raccoons and two in skunks.

More here.

1st quarter 2013 real estate market update

Continued stabilization characterized the overall Deep Creek Lake and Garrett County real estate market in 2012. Both total sales and dollar volume sold in the Deep Creek area increased 10% last year with most of the growth concentrated in the $250,000-$500,000 market segment. Both indicators have now increased for 3 consecutive years. The upward trend in sales can be attributed to the improving national economy, low interest rates, and the lowest prices experienced in the past several years. However, a few market segments, including the higher-end properties continued to experience corrections. Some trends we are seeing include;

  • Total Deep Creek Lake area residential sales were up 15% – 205 in 2012 versus 178 in 2011.
  • In the $250,000-$500,000 market segment dollar volume sold grew by 41% last year and sales increased 37%.
  • The average lakefront sold price decreased approximately 10% in 2012.
  • There were 6 fractional sales in 2012 versus x in 2011. Fractional properties are relatively new to the area but very popular in other resort markets. They are expected to grow in our market.
  • Eight (8) sales over $1 million in 2012 versus seventeen (17) in 2011.
  • Current total sales for the first few months of 2013 are tracking nearly the same as the first few months of 2012.

More here.

New health tax credits to be a ‘game-changer’

Matthew Bieniek Cumberland Times-News

CUMBERLAND — Thousands of people in Allegany and Garrett County will be eligible for tax credits to help them purchase health insurance as a result of the Affordable Care Act.

The program will begin open enrollment in October. The tax credits, which work like a premium subsidy, will begin in January 2014, said Ron Pollack, executive director of Families USA, during a national conference call Tuesday.

“This is a game-changer, which will allow millions of uninsured people and families to obtain health care coverage,” said Pollack.

Those eligible for the tax credit won’t need to file a tax return to get reimbursed.

Once an individual chooses a policy, the credit will be calculated against the monthly premium payment and reduce the premium payment based on a sliding scale.

“Those who need help the most will get the most help,” said Pollack.

The federal government will pay the money directly to the insurance company.

In Allegany and Garrett counties, as many as 9,810 people will be able to take advantage of the tax credit, according to a study by Families USA called “Help is at Hand.”

Statewide, about 360,000 Marylanders will be eligible for the credits, Families USA said. Details of the application process aren’t available yet.

The credits are available for people who make up to four times the federal poverty limit.

“This reaches deeply into the middle class and moderate-income families,” Pollack said.

Important to note is that with some exceptions, the program is not available to those insured through their employer and for seniors who purchase supplemental Medicare insurance.

The reason for that is that most employers subsidize their employees’ rates and the federal government does not tax employers’ contributions, which technically are a form of income.

The program is available to people who already purchase insurance on their own if they meet the income guidelines, and those who are uninsured.

Pollack admitted implementation of the plan wouldn’t be completely smooth going.

“I don’t know of any new program that doesn’t have some glitches,” Pollack said. Critics have said the federal health care reform will drive up all health costs, and cause further affordability problems even for those with insurance.

Some individuals making up to $46,000 will be eligible for at least some tax credits.

A family of four, earning between $47,100 and $94,200, would also be eligible, even though they are making between 200 to 400 percent of the federal poverty guidelines. Families USA estimates that 89 percent of Marylanders eligible for the tax credits will be employed.

In 2011, about 15 percent of Allegany County’s population under age 65 was uninsured and 22 percent of Garrett County’s population was uninsured, according to a Community Health Needs Assessment.

Maryland plans to set up its own health care exchange, which will have tiers of coverage plans available.

Other states are opting to let the federal government run their programs.

Families USA “is a national nonprofit, nonpartisan organization dedicated to the achievement of high-quality, affordable health care for all Americans,” according to its website, which can be found at  http://www.familiesusa.org/.

For more information on Maryland’s health care exchange, visit: http://www.marylandhealthconnection.gov/.

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2013 Legislative Update – Real Estate in Maryland

SUMMARY OF 2013

REAL ESTATE LEGISLATION
Maryland Association of REALTORS@

AFFORDABLE HOUSING AND TAXES

HB 71  Homann/nefs Insurance  Underwriting Based on Geographic Area

Requires insurance carriers who underwrite horneowner’s policies and exclude risks based on
geographic areas to obtain the approval ofthe Insurance Commissioner for those exclusions
and to have a mitten underwriting standard describing the exclusion.

HB 88/SB 199 – Real Property  Refinance Mortgage  Priority over Junior Liens
STATUS: PASSED » Effective October 1, 2013

Authorizes homeowners to refinance a ñrst mortgage Without obtaining permission from the
lender that funded a home equity loan or second mortgage. The bill applies to current
mortgages as long as the retìnanoing occurs after the effective date.

1″HB 128/SB 1.58 H Homestead Tax Credit  Eligibility Verification and Application
STATUS: PASSED  Effective April 9, 2013

Extends by one year the time frame for property owners to apply for the Homestead Tax
Credit. Properties that have not been transferred after December 31, 2007 can now apply for
the Homestead Tax Credit by December 30, 2013 (Deo. 31St is a furlough day for state
employees) rather than December 31, 2012.

HB 235 – Property Tax – Valuation of Residential Real Property  Database
STATUS: PASSED  October 1, 2013

Requires the State Department of Assessments and Taxation (SDAT) to maintain an
accessible database on its website providing information related to a property’s square
footage, bathrooms, and the date ofthe initial assessment of new improvements.

SB 970 – Private Property Rights  Regulatory Infringement  Compensation
STATUS: NOT PASSED

Provided property owners with a cause of action if regulations promulgated by certain state
agencies diminished a property’s value. The state agencies would be liable only if those
agencies could not demonstrate that their action was necessary to comply with federal law.

PROPERTY MANAGEMENT

HB 45/SB 337  Real Property – Residential Leases – Interest on Security Deposits
STATUS: NOT PASSED

Required landlords to return security deposits with an interest rate of 1.5% or a rate equal t0
the U.S. Treasury Daily Yield Curve Rate, Whichever is higher.

HB 78/SB 160  Civil Actions  Personal Injury or Death Caused by Dog – Rebuttable
Presumption

Reversed the Court of Appeals decision on pit bulls so that landlords do not have “strict
liability” for do g bites caused by their tenants. The bill also created a rebuttable presumption
for dog owners rather than the “strict liability” imposed by the case.

HB 315 – Residential Leases  Rent Stabilization and Just Cause Evictions

Established state-Wide rent control limiting how much rents can be increased for current
tenants. The bili also would have provided a more difñcuit standard to meet when evieting
tenants.

HB ÖGB/SB 487 w Human Relations  Housing Discrimination – Source of Income
STATUS: DEFEATED
Established “source of income” as a protected class under Maryland law.

HB 754  Environment- Reduction of Lead Risk in Housing – Qualified Offer
STATUS: NOT PASSED

Created a qualiñed  under Maryland law designed to meer the concerns expressed by the
Maryland Court of Appeals in its ease Jackson v. Beckman. Damages were capped at
$100,000, a signiñeantly higher amount than the $17,000 cap under the 01d law.

HB 923  Certificate of a Qualified Expert – Lead Paint Poisoning Claims
STATUS: NOT PASSED

Required courts to dismiss a iead paint poisoning claim if the plaintiff failed to  a
certificate of a qualified expert.

HB 263/SB 144 – Property Tax Credit  Historically and Architecturally Valuable
Property

STATUS: PASSED – Effective June 1, 2013, applicable to tax years after June 30, 2013
Authorizes local governments to increase ñorn 10 to 25 percent the tax credit for the
restoration or preservation of a historic or architecturally valuable property.

*HB 378 – Maryland Agricultural Land Preservation Fund  Easement Restriction
Reimbursement

STATUS: PASSED – Effective July 1, 2013

Authorizes the Maryland Agricultural Land Preservation Fund (MALPF) Board of Trustees
and the Comptroller to reimburse certain property owners for lots those owners subject to
MALPF easement restrictions. Applies in situations when a lot owner pays to release a lot
from easement restrictions but then places the lot back under the easement.

HB 621/SB 627  Maryland Energy Administration  Regulated Sustainable Energ
Contract Program

STATUS: PASSED  July 1, 2013

Authorizes contractors to enter into an agreement with consumers to pay for energy
improvements. The contracts are subject to specific payment requirements and may, in some
instances, be recorded in the land records. Requires the approval ofthe mortgage holder to
agree to the terms of the sustainable energy contract.

695  Homeowner’s Insurance  Anti-Concurrent Causation Clause  Prohibited
STATUS: PASSED – Effective for all policies issued, delivered or renewed on or after
October 1, 2013

Requires an insurer to provide a clear notice to a consumer regarding an anti-concurrent
coverage (ACC) clause in policies. An ACC clause provides that if loss is caused by both
covered and non-covered events, the loss claim Will not be paid.

HB 965 – Homestead Tax Credit  Eligibility  Definition of Legal Interest
STATUS: NOT PASSED

Allowed a settler, grantor or beneficiary of a property held in trust who is residing in the
property at no cost to claim the homestead tax credit.

HB 1208  Bay Restoration Fee  Exemption m Oli-Site Sewage Disposal System Using
Best Available Technology

Exempted property owners from the Bay Restoration fee if the owners had to install Best
Available Technology (BAT) septic systems.

REAL ESTATE BROKERAGE AND CONTRACTS

HB 40  Residential Property Sales  Disclosure of Utility Consumption

Specified that sellers display or make available to buyers information regarding monthly costs
for electric, gas, and home heating oil.

I-IB 291/813 383  Real Property  Maryland Mortgage Relief Services Act

STATUS: PASSED  Effective July 1, 2013

Provides state government with authority to enforce violations of federal regulations
controlling the activities of mortgage assistance relief service providers. Also gives Maryland
consumers a private right of action. The current federal regulations require clear disclosures
to consumers and specific rules on how and when payments may be collected.

HB S40/SB 189 – Residential Real Property Sales  Property Tax Disclaimer

Required a notice in the Seller Disclosure and Disclaimer form stating that the buyer’s
property tax bill may be significantly different than the seller’s current bill and that the buyer
should contact local government to estimate the future tax bill.

HB ’TSS/SB 375 – Commercial Law  Maryland Credit Services Businesses Act  Scope
STATUS: PASSED  Effective Date October 1, 2013

Clariiies that licensed real estate associate brokers and salespersons are not required to obtain
a credit services license in order to provide real estate brokerage services. Only real estate
brokers had been exempted from the original law thus potentially exposing agents to
regulation when assisting a home owner who is at risk of foreclosure.

HB 917  Real Property  Property Used for Methamphetamine Production
Disclosures and Quarantine

Established a process for remediating properties that had been contaminated by a
methamphetamine laboratory. The bill would have established a quarantine period for the
property as Well a disclosure requirement before the property could be resold.

HB 1008  Real Property – Foreclosure  Mortgage Foreclosure Property Values
Protection Act of 2013

Required a purchaser of foreclosure property to record the deed Within 60 days ofthe
ratification of sale or require Certain information regarding the purchaser of the property to be
recorded in the Íand records.

HB 1048  Real Property  Sale of Property – Lead-Contaminated Dust Test Required
STATUS: DEFEATEI)

Required a seller of pre«l97 8 properîy to conduct a lead dust test ofthe property at. least 7 days prior
to settlement. ’The bill would have given the purchaser the right to waive the clust test.

HB ISGS/SB 642 – Residential Property – Prohibition on Nonjudicial Evictions
STATUS: PASSED  Effective June 1, 2013

Prohíbits nonjudicial evictions in foreclosures and rentals (including mobile home parks)
except when the property is abandoned.

HB £554  Real Property  Disclosure Requirements – Death by Other than Natural
Causes

Required home sellers to inform buyers about whether a death or felony occurred on a
property, effectively repealing most of Maryland’s stigmatized property law.

HB M13/SB 969  Public Safety  Fire Protection and Prevention  Residential Smoke
Alarms _

STATUS: PASSED – Effective July 1, 2013

Requires homeowners to disclose Whether the smoke detectors are over ten years old and
whether they use a ten-year  battery as required under Maryland law by 2018. The
notice will be added to the current Seller Property Condition Disclosure Form. The
legislation also requires homeowners to update smoke detectors to newer sealed battery
systems if the smoke detectors are battery operated and are over 10 years old or malfunction
when tested. Smoke detectors that are hard-wired are also required to be updated every 10
years or when those systems malfunction. Finally, the legislation requires that at least one
smoke detector be located on every Hoor of a residence by 2018. ‘

COMMON OWNERSHIP COMMUNITIES

HB 286/SB 161 – Real Property  Maryland Mortgage Assistance Relief Services Act
STATUS: Effective October 1, 2013

Limits certain foreclosure rights of Homeowner Associations (HOAS) and the Council of Unit
Owners for Condominiums (Condos). An HOA or Condo may not foreclose on a property if
the lien is comprised only of rines and/or attorney fees to collect those ñnes. HOAS and
Condos may only foreclose on alien comprised of delinquent assessments and/or attorney
fees to collect those assessments.

HB 576/SB 794 – Real Property – Regulation of Common Ownership Community
Managers

Required licensing of common ownership community managers. Common ownership
communities are condominiums and homeowner associations. The bill also would have
provided some exemptions from licensing for real estate licensees and other categories.

LAND-USE. PROPERTY RIGHTS, AND THE ENVIRONMENT

HB 706  Natural Resources Forest Preservation Act of 2013

STATUS: PASSED  Effective October 1, 2013

Establishes a 40% goal for forest canopy in Maryland but does not mandate a compliance
timetable. The bill also directs the Department of Natural Resources to create a forest
resource inventory, and to provide technical assistance and guidance to local governments.
The bill provides some limited exemptions from the act for activities related to stream
restorations and projects in high growth areas with significant impervious surfaces.

HB 769/513 750 – Public Safety  Maryland Building Performance Standards  Local
Wind Design and Wind-Born Debris Standards

STATUS: PASSED H Effective October 1, 2013

Prohibits local governments from enacting changes to the Maryland Building Performance
Standards (MBPS) that weaken Wind design and Wind-borne debris standards.

HB 796ISB 427  Income Tax Credit  Agricultural Land  Diminution in Value of Real
Property

Established a tax credit to compensate property owners for the reduced Value of property due
to the restrictions ofthe Sustainable Growth Act and Nutrient Management Plans.

HB SOG/SB 524  Wetlands and Riparian Rights – Licenses and Permits for Nonwater»
Dependent Projects 0n State or Private Wetlands

STATUS: PASSED – Effective July 1, 2013

Establishes a permit and fee for nonwater~dependent projects located on piers over private and
state wetlands. The permit allows limited commercial activity on piers in conjunction with an
established business. The fee is based on a percentage ofthe business’s current property tax
bill.

SB 28  Real Property  Blighted Property – Nuisance Abatement

Required owners of blighted property to  up the properties or face a tine equal to a tripling
of the annual property taxes. An owner could avoid the  by selling the property.

SB SOO/SB 973  Environment – Oil-Site Sewage Disposal Systems – Nitrogen Removal
Technology – Prohibition

Clarified that the Maryland Department of Environment (MDE) cannot require new and
existing homes outside ofthe critical areas to use Best Available Technology (BAT) Septic
Systems.

HB 924 – Environment _ Reduction of Lead Risk in Housing  Applicability and
Registration Requirements ‘

Clarified that property owners With units built between 1950 -1978 must pay the $30
registration fee under the Reduction of Lead Risk in Housing Act but are not required to
participate in the program. Legislation passed last year requires these properties to pay the
fee and meet program requirements.

HB 947  Environment- Lead-Based Paint Damages  Manufacturers of Lead Pigment
STATUS: DEFEATED

Created a “market-share” liability standard for lead paint pigment manufacturers. While this
legislation theoretically gave landlords the right to participate in suits against lead paint
manufacturers, it did not protect landlords from counter suits by the manufacturers.

HB 1067 – Environment  Reduction of Lead Risk in Housing H Blood Lead Level
STATUS: DEFEATED

Lowered the trigger level for Mary1and’s lead paint law fiom 10 micrograms per deciliter to
only 5i

HB N90/SB 849 – Public Utilities  Consumer Relations  Tenant Payment 0f Landlord
Utility Bills

STATUS: PASSED – Effective January 1, 2014

Gives tenants, except those receiving service from an electric cooperative, the ability to create
a service account in their own name when faced with termination of service because the
landlord failed to pay the bill. The bill applies only to tenants receiving Service through a
single meter to a single dwelling unit. If the tenant establishes an account, the tenant may not
be billed for utility service by the landlord.

HB 1222  Real Property  Landlord Defenses in Nuisance Actions

Provided a legal defense for landlords faced with a nuisance action if the tenant was the sole
cause of the nuisance action and the landlord had been making efforts to remove the tenant.

HB 1279/SB 902  Statewide Building Codes  Maryland Accessibility Code

STATUS: PASSED – Effective October 1, 2013 l

Gives tenants a private right of action against a building owner if the building does not meet
accessibility requirements. The bill does not change a tenant’s current right to sue under the
Americans with Disabilities Act or Section 504 ofthe Federal Rehabilitation Act of 1973.
Before initiating a law suit, a tenant must give a building owner 30 days to propose a
compliance plan.

HB ISGS/SB 642  Residential Property – Prohibition on Nonj udicial Evictions
STATUS: PASSED – Effective June 1, 2013

Prohibits nonjudicial evictions in foreclosures and rentals (including mobile home parks),
except when the property is abandoned.

HB M13/SB 969 – Public Safety  Fire Protection and Prevention  Residential Smoke
Alarms

STATUS: PASSED  Effective July 1, 2013

Requires landlords of one and two-dwelling units to upgrade battery smoke detectors to new,
ten-year battery, sealed units at change of occupancy or when those systems are ten years old
or malfunction. For buildings with more than two units, the legislation states that itis the
responsibility ofthe occupant to test the smoke alarms and notify the landlord, and that it is
the responsibility of the landlord to replace or repair the smoke alarm.

COMMERCIAL

HB 161  County Property Taxes – Classes of Property – Special Rates and Limits
STATUS: NOT PASSED

Authorized county governments and Baltimore City to impose different property tax rates for
any class of property. The rate for commercial property would have been limited to 1.25
percent ofthe residential rate.

HB 372/813 202 – Recordation and Transfer Taxes  Transfer of Property Between
Related Entities  Exemption

STATUS: PASSED  Effective for instruments recorded after July 1, 2013
Exempts from transfer and recordation tax a transfer of real property between related
businesses and corporations such as parent companies and Wholly-owned subsidiaries.

HB 881 – Corporations and Associations  Limited Liability Companies  Company
Representative

Required Limited Liability Corporations (LLCs) to pay a fee and file paperwork designating a
company representative. The company representative Wo uld have been in addition to the
resident agent that LLCs already designate, but, unlike the resident agent, the company
representative would have had to be an actual person.

HB 1209ÍSB 436 F- Recordation Taxes  Exemptions

STATUS: PASSED  Effective July 1, 2013

Revises legislation passed last year that imposed recordation taxes on Indemnity Deeds of
Trust (IDOTS). Specifically, the bill increases the trigger for the recordation tax from $1
million to $3 million; clarifies that a series of loans falling below the trigger amounts can be
aggregated to determine the trigger level; and claríñes that the refinancing of an IDOT is not
taxable.

MISCELLANEOUS

HB 1156/813 819, HB 1182  Maryland Contributory Negligence Act

Established by statute that the defense of contributory negligence is Valid under Maryland
law. The Maryland Court of Appeals is currently considering a case that could overturn the
contributory negligence rule.

SB 829 – Transportation Trust Fund  Financing  Use of Funds

STATUS: PASSED  Effective when approved by Maryland Voters in the 2014 Election
Proposes an amendment to the Maryland Constitution prohibiting the use ofthe transportation
trust fund for other purposes. The amendment requires the Governor to declare a fiscal
emergency in order to divert money from the Transportation Trust Fund, and requires the
diversion to be approved by a three-ñiths vote ofthe House and Senate.

*f Indicates a bill that has been signed by the Governor. All other bills listed have been
passed by the Maryland General Assembly and await the Governor’s signature to take
effect.

“Defeated” indicates bills opposed by MAR. “Not Passed” indicates bills that either
MAR did not oppose or bills that MAR opposed but which did not receive a vote.

Oakland's One-Day Civil War Uproar To Be Commemorated

Apr. 4, 2013

 

While the Civil War of 1861-1865 played out chiefly in areas beyond Garrett County, there was at least one incident in the town of Oakland and nearby area during that conflict that was indeed significant. This was the Jones-Imboden Raid, an effort on the part of the Confederacy, in part to destroy the Union supply lines supported by the B&O Railroad (the president of which, at the time, happened to be John Garrett, for whom the county is named). As part of this campaign, the town was raided by the Confederate Cavalry on April 26, 1863, and for several hours was under control of the Confederates. The soldiers did successfully burn the B&O bridge just a mile west of town, although it was rebuilt in a matter of days by the railroad workers. To commemorate the 150th anniversary of this notable event, the Garrett County Historical Society, the town, and several organizations and individuals are hosting Oakland Civil War Days from April 25 to 28. A number of events will take place throughout the weekend, all to be highlighted in the next three issues of The Republican newspaper. Two special dinners are slated, with historians/authors to be featured speakers. See information of these dinners in today’s issue. More stories and photos will be published as the four-day commemorative event nears.

More here.

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Del. Beitzel, Sen. Edwards Secure $1 Million For ASCI Improvements

Apr. 11, 2013

The 2013 Maryland General Assembly adjourned Monday evening in Annapolis. During the 90-day session, Del. Wendell Beitzel and Sen. George Beitzel saw several of their bills make it to governor’s desk for signing into law, while a few pieces of proposed legislation died in committee chambers.

One of the local lawmakers’ more notable achievements was securing a total of $1 million for the Adventure Sports Center International (ASCI) in McHenry. Beitzel explained that he worked with the capital budget subcommittee to include $500,000 in the state’s capital budget on the House side, and Edwards was able to secure an additional $500,000 in the budget on the Senate side.

republican_logo

The funding will be used for improvements at the whitewater course, including upgrading telecommunications, building new facilities, and upgrading existing infrastructure to prepare for the International Canoe Federation’s Deep Creek 2014 Canoe Slalom World Championships.

“These whitewater course improvements will benefit the facility for many years to attract new visitors to our region of the state,” Beitzel said in his weekly newsletter to constituents.

The championships are expected to generated $20 million for the local economy.

The lawmakers were also able to secure a $15 million bond bill for renovation/expansion work at Garrett County Memorial Hospital. Gov. Martin O’Malley signed Edwards’ SB 369 on Tuesday, which enables the Garrett County commissioners to borrow money on behalf of hospital officials for the $23.5 million project.

About $7.5 million of its cost will come from hospital operations and cash reserves, and $1 million will come from donations. The hospital will be solely responsible for paying off the bond’s debt service, which will be at a rate of 5.25 percent over a 20-year period.

The governor is also expected to sign HB 504/SB 370 – Garrett County Commissioners – Industrial Wind Energy Conversion Systems. This legislation authorizes the commissioners to enact ordinances pertaining to setbacks and the decommissioning of wind turbines.

“As you may know, Garrett County is the only county without countywide zoning,” Beitzel said in his newsletter. “I am pleased to announce that after six consecutive years of introducing this bill, it finally made its way out of the House and Senate, and is currently sitting on the governor’s desk awaiting [his] signature.”

HB 828/SB 766 – Oil and Gas Land Professionals – Registration was also approved by the House and Senate and awaits the governor’s signature.

“This is the second year that I have sponsored this significant legislation,” Beitzel said. “This bill requires that a person seeking to obtain any oil or gas leases from a property owner must provide proof to the property owner that the person is registered as a land professional in the state of Maryland.”

Under the pending law, a person may not operate as a land professional in the state unless he/she is registered with and Department of Labor, Licensing, and Regulation and is issued a certificate by the department.

Beitzel said a “land professional” is defined as a person, acting on their own behalf or on behalf of a prospective lessee or buyer, who negotiates with a property owner for the acquisition of mineral rights in oil or gas. He added that “mineral rights in oil or gas” means property rights, including an oil or gas lease, that allow the holder of the rights to enter into or under the property of another person for the extraction of crude oil, natural gas, or the constituents of crude oil or natural gas.

Also approved during this year’s General Assembly were bills that Edwards and Beitzel introduced on behalf of the Garrett County Liquor Control Board. One piece of legislation clarifies Sunday alcohol sales regulations that are already in place in the county. Another bill allows establishment of a beer festival license and the off-premise sales of special commemorative bottles or special event bottles of alcohol on a licensed Class C premise.

Some of the local lawmakers’ bills did not receive favorable reports from House and Senate committees, most notably HB 451/SB 310 – Garrett County – Coal Combustion Byproducts – Storage. The Garrett County commissioners requested the legislation. They asked that the state amend COMAR to allow the county to stockpile coal combustion byproducts, which are used locally as a road abrasive in the winter. The county has stored bottom ash at its three roads garages for numerous years, but the Maryland Department of the Environment cited the county last year for not having the piles covered, as required by COMAR.

MDE told county officials they must either cover the piles with a tarp or construct buildings to house the abrasives. Local officials, in turn, pointed out that the tarps would have to be one acre in size and buildings would be greatly cost prohibitive.

Edwards’ SB 204 – Bowhunting – Possession of Handguns for Protection received an unfavorable report from the Senate Education, Health, and Environmental Affairs Committee.

Also not winning approval were SB 298, which would have allowed the speed limit on I-68 to be increased up to 70 mph; and SB 286, which would have changed the definition of a “school vehicle.”

Water Line Work Resumes Along Glendale Road

Apr. 4, 2013

Installation of the water line along Glendale Road resumed on Monday. The work was stalled because of inclement weather.

The roadway will be closed to through traffic from 7 a.m. to 5 p.m., and only school buses and emergency vehicles will be allowed to enter the work zone and cross Glendale Bridge.

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All other traffic will be redirected to detours. Access will be permitted to residences and businesses located in the work zone, but delays may be experienced.

Daily updates will be posted on the Department of Public Utilities web site at www.co.garrett.md.us/public-utilities. Questions may be directed to 301-334-6983.