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.”
More here.
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Judge Reverses Conviction In Dep. Livengood Murder
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Dec. 8, 2011
A Washington County Circuit Court judge recently reversed the 1980 murder conviction of a Fairmont, W.Va., man in the shooting death of Garrett County sheriff’s deputy David Livengood.
Judge Daniel Moylan ruled that the judge at Roberto Oskar Rezek’s trial gave improper jury instructions. Rezek was granted a new trial. A date has not yet been scheduled.
Judge Fred C. Wright III presided over Rezek’s Washington County jury trial over 30 years ago. Rezek was sentenced to life plus 15 years for first degree murder, robbery, grand larceny, and breaking and entering.
Moylan ruled that Wright’s instructions on the law to the jury should have been binding and not advisory. Moylan cited two Maryland Court of Appeals decisions in which it was ruled “the court’s instructions are binding on the jury.”
Moylan noted in his ruling that Wright told the jury, “Anything I say to you about the law . . . is merely advisory and you are in no way bound by them. You may feel free to reject my advice on the law and arrive at your own independent conclusions as to what the law is.”
Rezek and his codefendant, Richard Tichnell, had requested a change of venue from Garrett County. Tichnell was convicted of murder by a Wicomico County jury and received the death penalty, which was later commuted to a life sentence. He died in prison in 2006.
More here.
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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.
More here.
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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.
Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
Funding Allocated For Gypsy Moth Control Projects
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Jan. 12, 2012
The Garrett County commissioners on Tuesday unanimously approved allocating funds to participate in two Maryland Department of Agriculture gypsy moth aerial suppression projects this spring. Spraying will take place in mid to late May, after trees have leafed out and the newly hatched caterpillars can feed on them.
“The very rough total estimated cost to the county for both projects and surveys is at least $37,480,” wrote Robert Tatman, MDA Forest Pest Management Program, in a letter to the commissioners last month.
The goal of the program is to identify developing pest infestations in order to respond appropriately before significant damage occurs.
Tatman noted in the letter that MDA has identified several areas of gypsy moth populations that may cause tree defoliation in Garrett County, and asked if the commissioners would be interested in participating in the two projects.
“One is our traditional Cooperative Gypsy Moth Suppression project, which would include federal grant monies,” Tatman wrote. “This would be all areas that averaged over 250 gypsy moth egg masses per acre.”
The county will cost share 25 percent, if the MDA can get a federal grant. If not, the cost share will be 50 percent.
Tatman noted that the county will cost share only on nonstate owned lands, or approximately 415 acres for a 25 percent estimated cost share of $5,680. This does not include the cost of egg mass surveys, which would be a minimum of $8,250.
“The estimated total cost to the county for this traditional program is $13,930,” Tatman said.
The second project will not be part of the traditional Cooperative Gypsy Moth Suppression project and does not qualify for federal money.
More here.
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Nearly 7,000 Have Toured New Museum
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Jan. 12, 2012
According to numbers provided by the Garrett County Historical Society, nearly 7,000 persons – representing seven countries besides the United States – have visited the society’s new Transportation Museum in Oakland since its opening in late August of last year.
Bob Boal, society president, said that he is pleased with the level of interest in the new facility, which was made possible in large part via a grant from the Howard and Audrey Naylor Family Trust.
“In just over four months, there have been 6,889 visitors to the new museum,” he said, adding that the society’s other museum, also in Oakland, averages between 6,000 and 7,000 visitors per year.
There were 65 visitors in the final days of August following the official opening of the new museum, 1,302 visitors in September, 4,069 in October (the majority during the Autumn Glory Festival), 775 in November, and 678 in December. The lower numbers in November and December are partially the result of fewer hours of operation during the winter months.
“While most of the our visitors, as expected, are Americans, we have also had guests from Canada, England, Germany, France, Bulgaria, Brazil, and Australia,” Boal said.
More here.
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No Major Injuries Reported
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Maryland State Police responded to this Garrett County school bus accident that occurred on Rt. 219 just north of Rt. 42 in McHenry. Investigation revealed that Bryan Louis Lenhart, 60, Accident, was operating the 2005 Blue bus south, when for unknown reasons, he lost control of the vehicle, struck a guardrail, and came to rest on an embankment. Lenhart and one student were transported by Northern Rescue Squad to Garrett County Memorial Hospital, where they were treated for minor injuries and later released. No charges were filed against Lenhart. Commercial Motor Vehicle Enforcement Division are pictured assisting at the afternoon scene. Photo by Lisa Broadwater.
Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
Governor O'Malley Considers Tax Hikes As General Assembly Opens
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Jan. 12, 2012
by Dave Nyczepir
Capital News Service
ANNAPOLIS – Maryland’s 430th General Assembly session convened Wednesday, promising more than a few tough votes in the coming weeks as Gov. Martin O’Malley’s agenda may call for raising the state’s sales or gas taxes.
A tax increase would generate the revenue needed to fund many of O’Malley’s job creation initiatives and help address the $1 billion budget deficit the legislature faces in its $14 billion operating budget.
Controversial same-sex marriage and wind-farming bills are also on the General Assembly’s agenda this session.
O’Malley is toying with the idea of raising the state sales tax by 1 cent to 7 cents, but will consult with General Assembly leaders before deciding, said the governor during an interview with WEAA 88.9 Wednesday morning. Also on the table is the much talked about 15-cent increase to the gas tax.
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Nope, Not Here - Republican News Online
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Jan. 12, 2012
While snow is most certainly in the forecast for the next several days, it is doubtful that the fall will be quite like it is in Alaska right now. Longtime Garrett County resident Chuck Bowman, who moved to Alaska in 2010, posted this remarkable photo on Facebook this week. This is a mountain pass leading to Valdez, which is the oil-exporting terminal on the south coast of Alaska, adjacent to Anchorage. That area has received nearly 20 feet so far this season, with snow falling continually for 24 days, breaking records there. Garrett County is far behind, with not much more than two feet as of yet. More should come this weekend, with forecasters calling for a few inches tonight and perhaps a few more tomorrow. And who knows what the rest of the season will bring. Sometimes February is the most dramatic month of all. And sometimes it’s not.
Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
Friendsville Responds To Proposed School Closings; Forms Committee
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Jan. 12, 2012
In response to a proposal by the Garrett County Board of Education to close Friendsville Elementary School, an emergency meeting was held by the mayor, town council, and a group of Friendsville’s concerned citizens. The meeting took place in December, prior to the school system’s Christmas break, with the expressed purpose of informing local parents of the board’s plans to balance its budget.
“I feel that this would have such a negative impact on the students and community of Friendsville as a whole,” stated Spencer Schlosnagle, mayor of Friendsville.
“Our children are our future – and the future of Friendsville – and we cannot let this school closing happen.”
According to the board, the closing of Friendsville Elementary is being based on the decline in student enrollment over the past few years. The Friendsville Advisory Committee has been formed to research the feasibility of the school closings and their impact on the students and the community as a whole.
Friendsville Elementary is one of three schools in line to suffer the consequences of funding cutbacks felt throughout Garrett County – setbacks shared by communities across the state of Maryland.
Faculty members were notified on Dec. 13 of the proposed closing of Friendsville, Dennett Road, and Kitzmiller schools. If the proposal to close these schools becomes a reality, they would be scheduled to close at the end of the current school year. This action is part of a five-year savings plan that couples the school closings with program and staff cuts, such as the elimination of the driver’s education program, and also with the realignment of grade levels (fifth graders would be moved from elementary schools to middle schools).
The total anticipated savings from closing these schools is thought to be over $2 million. The action would eliminate the costs associated with utilities and the upkeep of the facilities, but also remove teaching, custodial, and secretary positions.
More here.
Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
