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Garrett County, Md., officials consider aiding financially strapped whitewater course

THE ASSOCIATED PRESS
First Posted: January 30, 2012 – 1:16 am
Last Updated: January 30, 2012 – 1:16 am

OAKLAND, Md. — Elected officials in far western Maryland are considering whether Garrett County should take an active role in helping a financially strapped, man-made whitewater course.

The Garrett County Commissioners were set to meet in a closed session Monday to discuss the problems of the nonprofit Adventure Sports Center International near McHenry. They say they’ll make a public announcement Feb. 7.

The center’s operators acknowledged earlier this month that they have defaulted on bank loans, partly due to the financial problems of the group that owns the nearby Wisp ski resort.

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Garrett, Allegany County Commissioners Ask Governor To Authorize Gas Drilling


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Jan. 12, 2012

The Garrett County and Allegany County commissioners asked Gov. Martin O’Malley last week to authorize natural gas drilling in their two counties.

“We respectfully request your thoughtful considerations to encourage the Marcellus Shale Safe Drilling Initiative Advisory Commission to expedite their review, and encourage you to direct the Maryland Department of the Environment to authorize the process of allowing for the safe extraction of natural gas in our respective counties,” the commissioners wrote to O’Malley in a letter dated Jan. 4. “Your leadership on this important matter will enable Garrett and Allegany counties, along with the state of Maryland to benefit financially both short and long term, and assist our region and nation in a meaningful step toward energy self-sufficiency.”

The commissioners added that they continue to watch with great concern the impact that the nation’s energy dependency has had in shaping domestic and foreign policies.

“As you are no doubt aware, our respective counties are uniquely positioned to provide to our state and country the prospect of contributing a substantial and viable energy source to meet our domestic needs now and into the future,” the commissioners’ letter read.

The MDE and Department of Natural Resources have prepared and released Part I of the Marcellus Shale Safe Drilling Initiative Study. The 46-page document is available for public viewing online at garrettcounty.org and mde.state.md.us.

O’Malley signed an executive order on June 6, 2011, establishing the Marcellus Shale Safe Drilling Initiative, which placed a moratorium on drilling/fracking in the state until at least August 2014. The order also called for a study to assist policy makers in determining whether and how gas production can be accomplished without unacceptable risks of adverse impacts to public health, safety, the environment, and natural resources.

The order required MDE and DNR – in consultation with an advisory commission made up of a broad array of stakeholders – to undertake the study of drilling for natural gas from the Marcellus shale in western Maryland.

The Advisory Commission members are chairman Dr. David Vanko, a geologist and current dean of the Jess and Mildred Fisher College of Science and Mathematics at Towson University; Sen. George Edwards (Allegany and Garrett counties and parts of Washington County); Del. Heather Mizeur (Montgomery County); GC Commissioner Jim Raley; Allegany County commissioner William Valentine; Oakland mayor Peggy Jamison; Shawn Bender, division manager at the Beitzel Corporation and president of the Garrett County Farm Bureau; Steven Bunker, director of conservation programs, Maryland office of the Nature Conservancy; John Fritts, president of the Savage River Watershed Association and director of development for the Federation of American Scientists; Jeffrey Kupfer, senior advisor, Chevron Government Affairs; Dominick Murray, deputy secretary of the Maryland Department of Business and Economic Development; Paul Roberts, a Garrett County resident and co-owner of Deep Creek Cellars Winery; Nick Weber, chair of the Mid-Atlantic Council of Trout Unlimited; and Harry Weiss, esquire, partner at Ballard Spahr LLP.

The Advisory Commission’s next meetings are scheduled for Friday, Jan. 27, in Annapolis and Monday, Feb. 27, in Hagerstown.

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Garrett commissioners to draft land-use policy

Shale gas, industrial wind will be addressed

From Staff Reports Cumberland Times-News

OAKLAND — The Garrett County commissioners have requested their staff to draft a land-use policy that can be shared with the planning commission, organizations and the general public.

During their weekly meeting Tuesday, commissioners read a statement on land-use management.

“The ongoing interest in the development of shale gas, industrial wind energy and even junkyards brings to light the concerns that exist for property owners,” said the statement. “The absence of any reasonable and prudent land management policy for Garrett County leaves the citizens, visitors, businesses and property owners of Garrett County vulnerable to what many view as an exploitation of our lands.”

John Nelson, director of the Department of Planning and Land Development, informed the commissioners on the process the board will undertake to review and develop a draft ordinance on countywide land use with legislative authority provided to county governmental jurisdictions under the Annotated Code of the State of Maryland, according to Monty Pagenhardt, county administrator.

The policy will take into consideration the ongoing changes to land use in the county and will discuss potential reasonable standards for what are viewed as potential harmful effects of said usages, according to the statement.

“The continuing absence of a comprehensive approach, and the insistence of the state that we have statutory authority to enact regulations to help address basic issues affecting the county, have led the county commission to share the concern of many citizens,” said the statement.

“Citizens, organizations and stakeholders have also expressed apprehension about the lack of a responsible ability to manage areas of concern regarding the potential for changing land uses on a large-scale basis throughout the county. Many feel the failure to act will only allow other institutions and entities to shape and control the future of Garrett County, which may not necessarily balance the interests of all of the stakeholders.”

Commissioners plan to have open dialogue about land use and allow for input from all citizens through open forums and public meetings. Once the draft proposal is complete, the document will be shared on the county website, at public libraries, and citizens who desire a print copy will have one made available.

During a December commission meeting, Commissioner Gregan Crawford voiced his concern about the effects of wind turbines on residents and noted that he would be willing to enter into a motion to develop zoning laws that would regulate the wind projects.

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GC Commissioners To Begin Drafting Land-Use Management Regulations


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Jan. 12, 2012

The Garrett County commissioners are moving forward with their plans to draft land-use management policies, they announced during their public meeting on Tuesday. Commission chair Jim Raley stressed the public will have opportunities to make suggestions and voice their concerns about the proposed regulations.

“I don’t want people to believe and perceive that this is a done deal, that they’re not going to get any input, because that’s not the intent,” commission chair Jim Raley noted.

He said the commissioners intend to conduct this issue just as they have conducted many issues so far. The current board members were sworn in about 13 months ago.

“I think we took on the turbine issue when we first took office,” Raley said. “We’ve taken on the Marcellus issue. We’ve had discussions about Deep Creek Lake and lake management and those things. And I think that we can have a civil – what I call dinner table discussion – amongst ourselves and the citizens if this is a direction that we want to go.”

The commissioners explained in a press release that ongoing interests in the development of shale gas, industrial wind energy, and even junkyards have “brought to light” the concerns that exist for property owners.

Raley noted at Tuesday’s meeting that Garrett is the only county in the state that does not have countywide zoning. He also noted that efforts by local lawmakers to enact certain land use regulations through the state legislature regarding wind turbines have been rejected in the past by other legislators, who point out that Garrett County has the authority to enact such policies on a local level under Article 66-B.

“The absence of any reasonable and prudent land management policy for Garrett County leaves the citizens, visitors, businesses, and property owners vulnerable to what many view as an exploitation of our lands,” the commissioners stated in their press release. The rest of their statement is as follows:

“The commissioners have requested that a land-use policy be explored and drafted by staff that can be shared with the Planning Commission, organizations and the general public. The direction will be to take into consideration the ongoing changes to land use in Garrett County and discussing potential reasonable standards for what are viewed as potential harmful effects of said usages.

“The continuing absences of a comprehensive approach, and the insistence of the state that we have statutory authority to enact regulations to help address basic issues affecting the county have led the county commission to share the concern of many citizens. Citizens, organizations, and stakeholders have also expressed apprehension about the lack of responsible ability to manage areas of concerns regarding the potential for changing land uses on a large-scale basis throughout the county.

“Many feel the failure to act will only allow other institutions and entities to shape and control the future of Garrett County, which may not necessarily balance the interests of all of the stakeholders.

“The purpose is to have an open dialogue about land use and allow for input from all citizens through open forums and public meetings,” the statement concluded. “Once the draft proposal is complete, the document will be shared on the county web site, at public libraries, and citizens who desire a print copy will have one made available.”

Director John Nelson, Garrett County Department of Planning and Land Development, indicated the drafting process would take several months.

“I feel a sense of urgency to deal with this issue,” Commissioner Gregan Crawford said, noting that more wind turbine projects are planned for Garrett County.

The county’s Permits and Inspections Division issued a meteorological tower permit last month to Synergics for a tower on St. John’s Rock at Four Mile Ridge near Avilton. “Met” towers are used in preliminary stages of turbine projects to determine the amount of wind at proposed sites.


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GC Commissioners Deny Junkyard License To Oakland Businessman


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Dec. 8, 2011

The Garrett County commissioners voted unanimously on Tuesday not to grant a junkyard license to Oakland area businessman Don Nine. Following their decision, the commissioners held a brief discussion about land-use restrictions and zoning.

“I believe the public has resoundingly articulated their concerns, interests, and apprehensions against the issuance of this junkyard license,” Commission chair Gregan Crawford said. “I support their concerns.”

Nine operates Don’s Classie Car Company at 506 Hutton Road, where used vehicles are brought to the 4.5-acre property, salvaged for parts or repaired, and resold.

A public hearing on the application was held in November in which Nine outlined his plans for the license. He indicated he would not operate a junkyard per se, only a storage/recycling lot. Old cars would be stored in a 150-foot by 300-foot screened-in area at the back of the property. Restored vehicles would then be available for purchase on a lot in front of the property, and car shells would be transported from the site to a junkyard.

Nine noted that he had already installed a 7-foot high fence around the proposed storage area and was willing to erect more screening.

Many of Nine’s neighbors objected to granting the license, voicing their concerns about the unsightliness of the property, possible negative impacts on the environment, and the potential for declining property values.

One of Nine’s neighbors pointed out that at one point in 2007 more than 30 “junk” cars were on the Nine property, which prompted several people to petition the county to look into the violation.

The county junkyard ordinance states that no more than five vehicles slated to be junked or dismantled may be located on a property, unless the owner has a license.

The ordinance also states that a junkyard cannot be within 500 feet of any residence, retail business, church, or other institution, unless screening effectively prevents the junkyard from detracting from the value of those places.

It was noted at the hearing that at least one business is within 500 yards of the Nine property, and there are home owners who, despite fencing, can see the proposed junkyard/storage site from their elevated properties.

Licensing and enforcement inspector Mark Weber acknowledged at the hearing that the county has received complaints about the Nine property over the last three or four years and that Nine has brought it into compliance intermittently during that time.

Weber stressed, however, that Nine was working with his office to bring his property into compliance in order to get a license and become “legitimate.”

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Renewable energy in Constellation deal questioned

Posted: Nov 17, 2011 11:26 AM EST
Updated: Nov 17, 2011 11:48 AM EST
By ALEX DOMINGUEZ
Associated Press Writer
BALTIMORE (AP) – Promises to build more renewable energy sites in Maryland as part of the proposed sale of Constellation Energy to Chicago’s Exelon Corp. are drawing opposition in western Maryland.

The chairman of the Garrett County Board of Commissioners wrote Exelon President and CEO Christopher Crane this month saying industrial wind-power generation has been a contentious issue in the county.

The board “does not support further industrialization of ridge tops until a prudent and reasonable public policy has been created and enacted that will provide protections to those who will be adversely impacted,” Chairman Gregan Crawford said in the letter.

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County Commissioners Allocate $50,000 To "I Can Swim" Program

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Oct. 20, 2011

The Garrett County commissioners have allocated $50,000 for “I Can Swim.” In cooperation with the Board of Education, Garrett College developed the program with the goal of providing swimming and water safety training to every kindergarten student in the county.

Commissioner Jim Raley proposed the allocation during the commissioners’ public meeting on Tuesday afternoon.

“To me, as a nonswimmer, I know how important the program is,'” Raley said.

He said he had thought about the allocation for some time, but Gene Helbig’s letter to the editor in last week’s Republican “brought to light” the importance of I Can Swim.

Helbig, who lost his grandson Jack to a water accident, begged readers to donate to the program. Helbig and his wife Cathy recently presented a $1,000 check to I Can Swim. Their donation will enable 10 students to take swimming lessons.

Raley also noted that college officials were not afraid to implement the program, despite the lack of secured funding.

“What they did was forge ahead and said, ‘We’re going to do this,” Raley said.

Commissioner Bob Gatto, also an nonswimmer, approved Raley’s proposal.

“I can see the whole county benefiting from the I Can Swim program,” Gatto said. “I support the motion.”

Commissioner Gregan Crawford also approved the allocation.

The county’s donation will come from the unassigned fund balance in the fiscal year 2012 budget. Raley noted that recent developments, such as the sale of a county-owned facility in the Southern Industrial Park, make the allocation possible.

“We know that’s its an important enough program that the money is going to be well spent,” Raley said.

He stressed, however, that the funding would be for the first year only, to support the program in its initial stage and solicit more donors and sponsors.

I Can Swim classes began last week at the Garrett College Community Aquatic & Recreation Complex. The grand opening for Phase I of the complex will be held this Saturday, Oct. 22, from 10 a.m. to 5 p.m. The commissioners will present a ceremonial check for $50,000 to Garrett College president Richard MacLennan during the event.

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County Commissioners Approve McHenry Water System Policies

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Oct. 20, 2011

The Garrett County commissioners on Tuesday unanimously approved new fees and policies for the McHenry Water System District. Included in the document are hook-up time frames and payment schedules for hundreds of property owners who are required to connect to the public system.

“[We’ve] crafted, I think, the most equitable, blanket policy possible for the McHenry Water System,” said commission chair Gregan Crawford. “I’m sure there are people who will certainly take issue with that, but we’re still under a state mandated code. . . . Regardless of the history of who did what portion and when, what extension was done by whom, who paid for what, or what the intentions were, this is our system and we own it, and the responsibility lies with us.”

The previous board of county commissioners held a public hearing on Dec. 7, 2010, on expanding the district to numerous areas around Deep Creek Lake, including Marsh Hill Road, the McHenry Business and Technology Park area, and Sweet Rewards Development.

No written or verbal commentary about the proposal was received at that hearing, and the district boundary changes were approved. The current commissioners held a similar hearing on the issue at Garrett College on March 19. That event also drew little public response.

Shortly thereafter, however, the commissioners received numerous objections to the mandatory connection policy and hookup costs. State law mandates that businesses and homeowners connect to a public system if the lines come within a certain distance of their properties.

During the last seven months, Crawford noted, the commissioners conducted three Saturday morning hearings at Garrett College on the issue, receiving five hours of public comments from those events, plus numerous phone calls, letters, e-mails, and courthouse visits at other times.

As a result of those hearings and comments, Crawford noted, the county came up with policies that reduced and standardized the fees, improved the public hearing notification system regarding water and sewer projects, and amended amortization schedules and connection time requirements.

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GC Commissioners Vote Against Hiring Western Lobbyist

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Oct. 20, 2011

The Garrett County commissioners this week informed officials in Allegany, Frederick, Washington, and Carroll counties that they will not participate in a plan to hire a lobbyist to represent western Maryland interests in the 2012 General Assembly session.

Allegany County commissioner Michael McKay suggested the plan during a Maryland Association of Counties (MACo) meeting a few months ago. The cost of the endeavor was estimated at $5,000 per county.

Garrett County administrator Monty Pagenhardt said it was unclear to the local officials if a lobbyist would pursue several issues or just one.

“There are too many uncertainties,” he said about the plan.

He noted that the five western counties might not have the same level of interest or all be in agreement on such issues as Marcellus shale drilling.

Local commission chairman Gregan Crawford announced his opposition to the idea last week, and the commissioners voted unanimously not to participate in the plan.

“They simply thought there were too many unanswered questions and concerns about hiring a lobbyist,” Pagenhardt said.

He noted that Crawford, is on the MACo board of directors and the MACo Legislative Committee.

“He is very involved in all legislative matters, and Garrett County is represented very well by his efforts,” Pag-enhardt said.

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Garrett County Commissioners Request Deferment Of PlanMaryland Adoption

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Oct. 6, 2011

The Board of Garrett County Commissioners during its public meeting on Tuesday unanimously executed a resolution requesting deferment of the adoption of PlanMaryland. The document will be forwarded to the governor and Maryland Department of Planning personnel.

State officials project Maryland’s population will increase by 1 million during the next 20 years. Proposed by Gov. Martin O’Malley, the initiative examines that issue and, according to plan opponents, gives the state more control over local land-use issues.

“The growth issues that Garrett County will face over the next few years are different than those that are faced in the urban and suburban areas of the state of Maryland and nation,” the commissioners stated in a press release. “The board believes that land management should be left to local jurisdictions, as it is local jurisdictions that best understand their local growth challenges and needs. The proposed plan, as it applies to Garrett County, has the potential to stifle and suppress growth opportunities instead of incentivizing them.”

The commissioners added they did not want the county to become an impoverished ward of the state.

“Garrett County has resources that will allow the county to contribute in our own unique way,” the officials stated. “Embracing and acknowledging diversity gives our state and ultimately county and municipal governments strength and resiliency.”

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