Animal Owners Schedule Meeting To Discuss Humane Society Issues

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Animal Owners Schedule Meeting To Discuss Humane Society Issues


Oct. 30, 2008

A group of local residents who want to change the way animal neglect cases are investigated will hold its second public meeting on Saturday, Nov. 15, at 1 p.m. in the Garrett College Auditorium in McHenry.
"There will be ample seating room, so we urge you to come to the meeting and make a difference," said group spokesperson Kermit Yoder.

He and seven livestock owners met earlier this month with the Garrett County commissioners to express their concerns about the Humane Society and its ability to investigate alleged neglect/abuse cases and to seize animals. Members of the Humane Society, HART, and PAWS (Partners for Animal Welfare & Safety) also attended.

A state law currently places most of the authority of investigation and seizure on "an officer of a humane society." The commissioners said at the October meeting that the county could not arbitrarily change the law. They suggested that the group and Humane Society meet again and come up with "good, legitimate changes" to the law that could be presented to the General Assembly.

"This [second] meeting will give concerned citizens a chance to participate that didn't know about the first meeting," Yoder said.

He will open the November meeting, then turn it over to Nevin Umbel to moderate the rest of the event. Persons attending the meeting are asked to sign in and to note if they plan to speak.

"The Humane Society members will be given an opportunity to speak and air their feelings," Yoder said.

He also asks that HART, PAWS, and the Garrett County Animal Shelter/Control have representatives at the meeting to help answer questions from the public.

Yoder cautioned that some of the statements made at the event and the way they are conveyed may not be appropriate for underage children.

Some of the current laws that the Humane Society operates under will be discussed at the meeting, as well as possible changes to those regulations. Yoder's group has suggested at least three items that it would like included in a new law. Those are as follows:

• The Humane Society must give pet or livestock owners a chance to correct problems before they seize the animals.

• All Humane Society members must educate themselves on animal health and behavior.

• Humane Society members should be required to pass drug tests so when they make a decision to seize an animal the public can be "confident that their judgment is not impaired."

Yoder's group has also discussed the idea of starting a winter food bank for animals. Owners who may have trouble feeding their livestock until spring would receive assistance.

A hotline may also be implemented. Owners whose animals are about to be seized by the Humane Society could call the hotline if they felt they were being treated unfairly.

"Our elected officials cannot make a judgment from hearsay," Yoder said. "That's why it's important for you to be at the meeting so they can hear it firsthand. It may be too late for your situation, but you can make a difference for someone in the future."


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

GC Officials Hear Update Reports; Award Bid For Career Training Ctr.

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GC Officials Hear Update Reports; Award Bid For Career Training Ctr.


Oct. 30, 2008

The Garrett County commissioners held their regular public meeting on Tuesday. Agenda items included a report on a federal housing program, an update from the Garrett County Department of Planning and Land Development, and a bid award for the proposed Garrett County Career Technology Training Center.
Garrett County Community Action Committee president Duane Yoder gave an update report on the federal Neighborhood Stabilization Program, under which Maryland will receive $26 million. Of that funding, $20 million will be primarily distributed to rural communities with high rates of foreclosures and sub-prime lending.

Yoder said Garrett County does not have a large number of foreclosures, but other program criteria may enable it to qualify for as much as $1 million. The funding can be used for housing acquisition and rehabilitation, housing construction for ownership and rental, homeownership assistance, and infrastructure.

A draft of how the county would use the Neighborhood Stabilization grant is due at the Maryland Department of Housing and Community Development office by Dec. 5. The final draft is due in January.

Yoder noted that the funding must be used within 18 months after it is awarded.

The commissioners also heard an update report from Garrett County Department of Planning and Land Development staff members. Director John Nelson noted that public hearings will be held in the near future for two proposed county ordinances.

One outlines provisions for establishing local agricultural land preservation districts. The other ordinance would establish a local permitting process for electrical work.

Permits and Inspections Division chief Jim Torrington also reported on building permit activity in the county. He noted that the total number of permits issued for all types of construction was down nearly 16 percent for the first nine months of this year, compared to the same time frame for last year.

Also at Tuesday's meeting, the commissioners accepted Crabtree, Rohrbaugh & Associates' bid of $152,587 for architectural/engineering services. The company will design the first phase, the welding component, of the Garrett County Career Technology Training Center. The facility will be established in the old Phenix Technologies building in Accident.

A bid review committee, composed of county staff members, had recommended that the commissioners accept a $180,480 bid submitted by Hayes Large Architects because of the company's references, interest in the project, and other factors. Crabtree was the committee's second choice.

The commissioners accepted Crabtree's lower bid because of the cost-savings factor.

"For the program," Commissioner Denny Glotfelty said, "we felt this was the best way to do it."

The commissioners have allocated $500,000 for the Career Technology Training Center. The Maryland Department of Business and Economic Development has also earmarked $1 million for the project.

The commissioners will hold their next public meeting on Thursday, Nov. 13.

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

Garrett County To Receive $183K From Homeland Security Program

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Garrett County To Receive $183K From Homeland Security Program


Oct. 30, 2008

Gov. Martin O'Malley announced last Thursday that nearly $26.7 million in homeland security grant funds had been awarded to local communities in Maryland. The funds are part of U.S. Department of Homeland Security (DHS) grant programs for state and local government.
Garrett County will receive $183,077, the least amount of the state's counties and three select cities. Allegany County was awarded $326,137.

Baltimore City will receive the most Homeland Security funding in the state at $2.42 million, plus $11.39 million from the Baltimore Urban Area Security Initiative. Annapolis will receive $404,763, and Ocean City will get $400,531.

Baltimore County was awarded the most Homeland Security funding, $1.25 million, of the counties, followed by Prince George's, $1.34 million, Montgomery, $1.27 million, and Anne Arundel, $1.06 million.

"Even in difficult economic times, providing safety and security for the people of Maryland remains one of government’s primary functions," noted O'Malley. "The demands on our public safety community do not decline when available resources are limited. In spite of a reduction in federal funding, we remain committed to providing the resources necessary for the brave men and women who serve as first responders."

Once again this year, the governor passed through 85 percent of the available funds under the State Homeland Security Grant Program to local governments, despite a minimum legal mandate of 80 percent. The state also passed through 98.5 percent of the Baltimore Urban Area Security Initiative.

Funds are being provided to every county in Maryland, Baltimore City, Ocean City, and Annapolis. Funding amounts were determined by providing a baseline amount to each jurisdiction, with the balance of funds allocated using a formula calculating each jurisdiction’s risk level. The formula was developed by the Maryland Emergency Management Agency (MEMA) in coordination with emergency management and law enforcement personnel from local jurisdictions.

"We understand that many local jurisdictions in Maryland are facing severe budget conditions, which is why we continue to pass though more homeland security money to local governments than federal law mandates," said MEMA director Richard Muth. "I would like to thank my staff at MEMA and their colleagues at other state agencies, along with our local partners, for spending this money where it will do the most good."

Each of the local jurisdictions receiving funds – the 23 counties, plus Annapolis, Baltimore, and Ocean City – will receive an average of about 11 percent less than last year, mirroring the reduction in total funding to the state.

Funds will be used for a variety of projects, including providing protective equipment to first responders, hardening critical infrastructure, and building interoperable communications systems.

The $2.7 million in funds for the state will be used to support equipment purchases for state agencies, state-funded regional response units, and other state-wide initiatives. Local responders and emergency managers will also benefit from much of the state's portion of the federal funds, according to O'Malley's office.

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

Residents Once Again To Weigh In, With Votes, On Sunday Sales

courtesy Republican News


Oct. 30, 2008

by Megan Lahman
With Sunday sales of alcohol being on the ballot in Garrett County for the first time since 1998, the issues of morals, personal rights, and business are at the forefront.

On November 4, voters throughout the county will decide whether or not to allow restaurants and bars in their voting districts to sell alcohol with a meal. Exceptions for this vote are the voting districts of Avilton and Elbow, which have had Sunday sales for the last 10 years.

"There is no law that says you can't drink on Sundays," said Charlie Neely, senior manager of the Black Bear Tavern in McHenry, who has been in the restaurant business for 10 years.

Originally from Annapolis, Neely was quite surprised at first by the absence of alcohol sales in restaurants on Sundays. From working at other restaurants in the area, he has his fair share of stories concerning the issue. "I’ve lost business because of no Sunday sales. People would just get up and leave, all because they couldn't have a glass of wine with dinner," he said.

Currently, the Black Bear isn't open on Sundays because it wouldn’t be profitable for them to just serve food. "I’m all for Sunday sales. I feel people would stay longer in the area if they could have a beer with their food while watching the big Sunday football game or NASCAR race," said Neely.

At Uno's in Deep Creek Lake, manager Jamie Durst said that the majority of negative feedback received about the lack of Sunday sales has come from tourists, especially those who are hoping to have a beer with pizza while watching a football game. While the restaurant is opened on Sundays, the revenues made can't compare to other days, he said.

"During the summer, the restaurant along with the Honi Honi Bar generates an average of $5,000 to $6,000 a day in alcohol sales. There have been times where we’ve been just as busy on Sundays as Saturdays in terms of food sales, but the numbers for Sundays will show that we made less than Saturdays," said Durst.

As for why there are sometimes higher food sales on Sundays, Joe Brag, another manager at Uno's, said that not having the sale of alcohol doesn't detract from business. "People are going to eat regardless," he said.

In terms of the county’s economy, Jim Hinebaugh, director of the county's Department of Economic Development, said that despite no actual economic studies conducted, there is merit and value to having Sunday sales.

President of the Garrett County Chamber of Commerce Charlie Ross said that Sunday sales won't change the economy or society much.

"Most restaurants will admit that their sales come from alcohol more than food, they also know that the county already has a secure economy for tourism. At the same time, this is a matter of personal choice," said Ross, who believes that Garrett County will remain a safe, moral place for families regardless of voting results.

Bobbie Watson, a waitress at Uno’s, believes that the citizens' wishes should come before business. "I like the law, honestly. We do so much business without selling alcohol on Sundays. It's not worth selling on Sundays because it's what the local people want. Why make them upset?" she said.

Oakland native Thomas Doyle is opposed to the idea of Sunday sales. For the last few weeks in this newspaper, he has placed ads that feature claims about drunk driving and alcohol related deaths.

"This has nothing to do with religion, but with public safety and health. I want Garrett County to remain safe for families," said Doyle.

Garrett County Public Health Officer Rodney Glotfelty said that it doesn’t matter what day people drink, but how they do it.

"There are public health impacts with drinking. It may lessen the impact by having no Sunday sales in restaurants, but it won’t make a major difference. People can still drink at home. No matter what day it is, the key is not drinking to excess, and to not drive after having a drink," said Glotfelty.

Pastor Phillip Matthews of the Oak Grove Church of the Brethren in McHenry was unaware of the ballot measure until Doyle contacted him a month ago. Matthews' objection to Sunday sales is faith-based.

"Out of respect for the Lord, the county should strive to keep the one dry day as a dry day," said Matthews.

Along with the Oak Grove Church of the Brethren, which funded its own newspaper ad, other area churches have joined the cause against Sunday sales. Across the street from Uno's is the Deep Creek Baptist Church, which has a sign in the yard making its position known. The sign reads, "Keep Our Sundays Alcohol Free."

Black Bear Tavern patrons Pat Becker and Terri Hopler, both of Baltimore, questioned the religious influences behind the lack of Sunday sales.

"I get wine at church, so why can’t I get it when I go to Sunday brunch?" said Becker.

"We come up a couple of times a year, but we’d be here more if they would allow Sunday sales," added Hopler, whose husband is a pastor.

When asked about any resentment locals might have towards the successful tourism industry at Deep Creek Lake, Pastor Matthews said, "The most upsetting thing for locals that I’ve seen is the expectation that is placed upon them (from tourists) that they have to cater to the tourists' lifestyles."

Owner of the Long Branch Saloon and Steakhouse in Mountain Lake Park, Rebecca Williams agrees with Matthews about the feelings about Deep Creek Lake, but she disagrees with him on the issue.

"I've been in the bar and restaurant business for 30 years. There is a local resentment towards the lake, but it would be nice to see sales get approved," she said. Williams' restaurant and bar are also closed on Sundays because of not being allowed to serve alcohol.

Donna Beckman, a local patron at the saloon, said that the citizens against Sunday sales won’t buy alcohol no matter what the law is.

"I, too, am a Christian, but I believe in personal freedom," said Beckman. "If you don't like it, then don’t buy it."

Megan Lahman is a senior journalism major at the University of Maryland.

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

Public Works Ctr. Projects Finished, Near Completion

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Public Works Ctr. Projects Finished, Near Completion


Oct. 23, 2008

General Services director Gary Mullich presented an update report to the Garrett County commissioners on Tuesday on recent departmental activities. Topics discussed included Public Works Complex buildings, the county's surplus auction, and the courthouse centennial celebration.
The new $3.4 million Oakland roads garage is completed at the county's Public Works Complex, Mullich reported. Roads Department personnel have been busy moving items into their new facility, which is located off Rt. 135 near Mtn. Lake Park.

The Department of Public Utility's maintenance/warehouse at the complex is also near completion, Mullich said. Staff should be able to move equipment and supplies into their new $1.9 million facility by the end of December. DPU currently leases a storage building near Oakland.

The next phase of the Public Works Complex is the administration building, which is to have offices for DPU, the Roads Department and engineering, and the Permits and Inspections Division.

Mullich said staff members from those departments recently reviewed the floor plan for their new building with the project architects, Proffitt & Associates.

Jerry Bell, General Service's project manager, showed the plan to the commissioners. The design includes additional space for future expansion, as well as possible room for an alternate Emergency Operations Center, Mullich noted. The EOC could be funded through a federal grant.

Bell said the design for the administration building will be finished in November or December, and the project could be put up for bids in late December or January. Construction could then begin in the spring, he noted.

The commissioners reviewed the architects' invoices for the work they have completed so far. The total contract for the design phase amounts to $186,364.

County officials must now decide whether to proceed with the construction phase of the project, given the current economic situation. Commissioner Ernie Gregg said they needed to balance the cost of construction with the cost savings that would be accrued by having all the offices in that one building.

The commissioners and department heads will meet next month to review the county's budget and look at various ways to save money and cut costs in all areas of government.

Mullich also reported that county would conduct a surplus auction this Saturday, Oct. 25, at 10 a.m. at the old Oakland roads garage. The commissioners reviewed the list of available items, which includes vehicles, heavy equipment, long guns, parts, tools, office furniture, and electronics.

Some of the vehicles and guns once belonged to the sheriff's office, while others were confiscated by officers.

A more detailed list of auction items is available online at garrettcounty.org under "Purchasing" and "County Auction."

In addition, Mullich reported that the courthouse centennial celebration that took place during the Autumn Glory Festival went well. He noted that videos of the celebration and commemorative courthouse centennial plates may be available for purchase from the Garrett County Historical Society.

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

Battista Defending Comedian "Tater Salad" Ron White

courtesy Republican News


Oct. 23, 2008

Jeffrey Battista, son of Donald and Patty Battista, Deep Creek Lake, and graduate of Southern High School, is currently serving as a defense attorney for comedian Ron "Tater Salad" White, a member of the "Blue Collar Comedy" group now touring the United States.
White was scheduled Tuesday to be arraigned on the charges at the Indian River County (Fla.) Courthouse, but previously waived his right for the hearing. He was charged in September after three Vero Beach (Fla.) police officers and a drug-sniffing dog met the California-based comedian when he exited his private airplane at the Vero Beach Municipal Airport. Only he and the pilot were aboard.

Police alleged they found White with about one-eighth of an ounce of marijuana and a pipe for smoking marijuana, according to reports.

White contended the marijuana was medicinal, but he didn't have a prescription. Battista has been quoted in national reports about the case. He said that there is discussion now with the prosecutors about a plea deal to avoid going on trial on misdemeanor drug charges.

"He [White] has been straightforward about it," Battista said.

Battista recently filed a not-guilty plea for White on the two drug charges, both of which Battista said are first degree misdemeanor crimes punishable by up to a year in jail and a $1,000 fine. The comedian is charged with possession of less than 20 grams of marijuana and possession of drug paraphernalia.

National reports note that Battista would not say when he might enter a new plea of either guilty or no contest.

"We're trying to come to some compromise" so White doesn't have to return, Battista said. "On one hand, we want them satisfied there is sufficient punishment, yet at the same time we don't' want to single White out.

"We working on it hard," said Battista, adding he had heard his client has done USO tours and volunteer work with the military. "We have gotten a lot of calls of support from the community."

Battista earned a bachelor of science degree in accounting at West Virginia University, and then his juris doctorate in law from the University of Florida.


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

GC Patrol Cars All Receive AED Units From POA

courtesy Republican News


Oct. 23, 2008

Thanks to the Property Owners Association of Deep Creek Lake, all Garrett County sheriff's deputy patrol vehicles are now equipped with automatic electronic defibrillators (AED). The POA made a donation of $20,000 in memory of Judge Fred A. Thayer, who died in the spring of 2007 as the result of a heart attack.
The announcement of the donation was originally made last November, but because of government paperwork changes at the time, the AED units were months from becoming a reality. They have now been distributed throughout the county to all patrol vehicles, with all deputies trained to use them. The idea behind the donation is that deputies can now offer to a victim a greater chance of surviving cardiac arrest.

Reportedly only about 5 percent of people who suffer cardiac arrest survive, with victims of every age, including infants and the elderly. If victims receive CPR and AED shock within 3 minutes of collapse, the survival rate can increase up to 74 percent.

Sudden cardiac arrest is usually caused by an electrical malfunction that makes the heart quiver in a deadly rhythm called ventricular fibrillation. A lifesaving pulse of electricity is the single most effective way to restore the heart's normal rhythm, noted a spokesperson. This donation has made it possible for deputies to respond to a cardiac arrest and be equipped to handle it in the most beneficial manner possible for the survival of the victim. They can offer assistance before emergency medical crews may be able to arrive.

It has been agreed among the Garrett County commissioners that the maintenance expense associated with the AED units will be funded by the commissioners. The hope is that additional AED units will be obtained to complete the sheriff's office fleet. There will be training and retraining headed and coordinated by Dep. John Frank.

Judge Fred Thayer was a past president of the Property Owners Association and was conducting POA business the day he died. The rural vastness of Garrett County was a contributing factor in his death, said the spokesperson, as he did not receive aid timely enough to effect a life-saving outcome. The POA decided then to improve the survival chance for others in a similar situation. The project was headed by Scott Johnson, president of POA, and Lou Battistella, secretary of POA.


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

Eiswert Named Judge Of GC District Court

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Eiswert Named Judge Of GC District Court


Oct. 16, 2008

Maryland Governor Martin O’Malley announced yesterday the appointment of Leonard J. Eiswert, Pleasant Valley, as judge of the District Court for Garrett County.
“I am honored to appoint Leonard Eiswert to the District Court for Garrett County,” said Gov. O’Malley. “Mr. Eiswert has led a distinguished career in both civil and criminal law, and I am confident that he will be an outstanding addition to the bench.”

Since 1979, Eiswert has practiced law at the Oakland-based firm of Eiswert, Janes & Kepple, P.A. He has represented clients in diverse areas of the law, including estate planning, criminal defense, health law, personal injury cases, real estate matters, and business law.

Eiswert began his legal career in 1972 as a prosecutor in the Office of the State’s Attorney for Baltimore City. In 1977, he relocated to Garrett County, where he served parttime as prosecutor in the Office of the State’s Attorney for Garrett County, while also developing his private practice.

Eiswert is a past president of the Garrett County Bar Association. In addition, he has served on the Public Defender Regional Advisory Board for District 4 (which includes Garrett County), the Character Committee for the Fourth Judicial Circuit, and multiple Peer Review panels of the Attorney Grievance Commission.

He has provided pro bono legal services to the Garrett County Habitat for Humanity for over 20 years. He also has served on the board of directors of the Hospice of Garrett County, and the board of directors of the Garrett County Chamber of Commerce.

Eiswert graduated magna cum laude from the University of Baltimore School of Law. Prior to entering the law, he was a captain in the U.S. Army Reserves. He and his wife Kathy are the parents of five children.

Eiswert was appointed from among nominees selected by the Trial Courts Judicial Nominating Commission for Allegany and Garrett counties. Others nominated for the position were Ray Strubin, Linda Sherbin, and Darryl Walters.

More information on the nominating commissions established by Governor O’Malley can be found at http://www.gov.state-.md.us/executiveorders/-01.01.2008.04eo.pdf.


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

BPW Approves Local POS, Land Easement Projects

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BPW Approves Local POS, Land Easement Projects


Oct. 16, 2008

Gov. Martin O'Malley announced yesterday that the Board of Public Works has approved funding for a local Program Open Space (POS) project and the preservation of 267 acres of farm and forest land in Garrett County.
Oakland officials will receive $26,200 in POS funding to install playground equipment in the town's Rotary Park.

Five other Maryland counties – Anne Arundel, Baltimore, Montgomery, Prince George's, and Washington – also received POS funding to purchase land for new parks, make community park improvements, install landscaping, and begin various other initiatives.

"Through these acquisitions and projects, we are protecting valuable wildlife habitat and preserving the natural beauty of some of our state's most engaging landscapes, and we are enhancing our parks and recreational facilities in communities throughout Maryland," O'Malley said.

The Board of Public Works also approved $776,908 for conservation easements for 267 acres of agricultural and forest land in Garrett County through Maryland's Rural Legacy Program. Beef cattle, hay, and corn are harvested on this farm.

The property is located in the Accident area and will help protect water quality through riparian buffers of streams that drain into Bear Creek and its tributaries, which are natural trout streams regularly stocked by the Maryland Department of Natural Resources, according to the DNR.

Since 1997, more than 58,595 acres of forest and farm land throughout the state have been preserved through the nationally acclaimed program to protect the rural character of the state's communities from sprawl development, according to the DNR.

The three-member Board of Public Works, chaired by O'Malley, is also composed of Treasurer Nancy Kopp and Comptroller Peter Franchot. The BPW is authorized by the General Assembly to approve major construction and consultant contracts, equipment purchases, property transactions, and other procurement actions.




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

Western Maryland Tells State More Spraying For Gypsy Moths Needed

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Western Maryland Tells State More Spraying For Gypsy Moths Needed


Oct. 9, 2008


by Elizabeth M. Piazza

Capital News Service

FREDERICK - Concerned with the economic and environmental impacts of gypsy moth infestation, officials from Garrett, Allegany, and Frederick counties argued Wednesday that Western Maryland needs to be a top priority for the aerial spraying used to kill the invasive pests.

Members of a gypsy moth task force and other state officials met in Frederick to discuss the statewide infestation problem and make recommendations on effective means of suppression.

Gypsy moths are the most destructive forest pests in Maryland, according to the Maryland Department of Agriculture. They eat the leaves on hardwood trees, causing defoliation.

Repeated defoliation stresses the trees and they eventually die from other natural invaders. Since 1980, gypsy moths have affected more than 1 million acres in Maryland.

Gypsy moth infestation is a statewide issue but largely affects the areas of Western Maryland because of the nature and higher density of the forests.

The task force was created to unite environmentalists and government leaders throughout Maryland to address the problem.

Members of the task force from across Maryland argued over how the program prioritizes sites for treatment, which is done by aerial spraying.

Potential treatment sites are wooded areas where at least 50 percent of the trees are oak and there is at least 50 percent canopy coverage. Additionally, a site must be at least 25 acres, on which there are at least 250 gypsy moth egg masses per acre.

If an area meets those criteria, then its priority is assessed by value.

"Value is on a tree-by-tree basis," said Thomas E. Lupp, regional entomologist for the Maryland Department of Agriculture. "Trees growing in urban or any area associated with a residence have a higher value than those not in a residential area."

Lupp, who is not a member of the task force, was brought in as a technical expert.

The criteria leads to rural Maryland being shortchanged, some argued.

"Those areas that aren't priorities are the areas in Garrett County," said Frederick Holliday, Garrett County commissioner. There are approximately 90,000 acres of wooded, state-owned land in Garrett County without residences.

Wendell R. Beitzel, a Republican delegate representing Garrett and Allegany counties, questioned the environmental benefit of saving trees in residential areas at the expense of huge forests.

"I think we need to redirect some of the priorities," Beitzel said.

State officials are trying to get the most bang for their buck. Last year, 100,000 acres were identified and sprayed throughout Maryland.

"You have people from all around the state and you have limited resources, so you develop criteria," said Earl F. Hance, deputy secretary for the Maryland Department of Agriculture. "Everyone has a different priority, what we're trying to do is create a balance."

Even if there was unlimited funding, finding manpower is difficult. Work is seasonal and there is training and technical knowledge involved. There is currently one forester for every 20,000 acres in Maryland as compared to other states that have four times as many.

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

GC Residents Question Humane Society's Method Of Operation

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GC Residents Question Humane Society's Method Of Operation


Oct. 9, 2008

Some local farmers are questioning the authority of the Garrett County Humane Society and the manner in which its members seize animals and investigate alleged abuse cases. Kermit Yoder of Accident, seven livestock owners, county officials, and members of the Humane Society, HART for Animals, and PAWS (Partners for Animal Welfare & Safety) met with the county commissioners on Tuesday to discuss the issue.
"My fear now is [with] how the Humane Society conducts its business, somebody is going to get injured; the signs are there," Yoder said. "All you have to do is open your eyes and see them. I've heard horror stories about someone close to getting shot."

He added that he has been told that the Humane Society coerces people into giving up their animals.

"It's either a threat or a $1,000 fine, or they'll take your animal," Yoder said.

An ambiguously written state law currently places most of the authority of investigating cases of abuse and neglect on "an officer of a humane society." Local Humane Society members asked the commissioners last month to draft legislation to enable the county's Animal Control to take over at least some of that responsibility.

Humane Society president Lisa Baker noted at the September meeting that investigation work is sometimes scary, "but someone had to do it."

Yoder invited persons who felt they were "victims" and "treated unfairly" by the Humane Society to join him at this week's meeting to tell "the other side of the story." He also called for changes in the law. He read a list of items that people wanted included in the possible legislation. Those are as follows:

• There should be a second-chance law. Yoder said owners should have a chance to correct problems before the Humane Society seizes an animal. If they are not corrected within a certain amount of time, then the animal could be taken, he noted.

• The Humane Society should be educated about animal health. "There is a big disagreement on what animal health is," Yoder said. "Apparently, the Humane Society is not educated in this line, because of the way they've taken animals. Some animals have been taken from one place and put into a worse place."

• Humane Society members should be required to pass drug tests. That way, Yoder said, people will know that a member's judgment is not impaired when he or she seizes an animal.

A member of the Amish community also suggested that animal owners be allowed to receive a second opinion from their veterinarian before the Humane Society can take an animal, as the organization appears to not have to answer to any other agency.

"I'm willing to wait until the county commissioners have a chance to work something out and get some laws changed," Yoder said. "If not, there will be another public meeting on a Saturday so that more farmers and animal caretakers can be here."

He said the current law should be more widely known and suggested that it be published so that residents could review it. He also asked that the Humane Society publish something stating its opinion of how animals should be fed and taken care of, as people have different opinions about that issue.

The Humane Society's Dee Dee Clatterbuck acknowledged that that law is very technical. "But when it comes to feeding a horse, it's not rocket science," she said. "If it's thin, it's not getting enough food, or it's some medical problem."

Commissioner Denny Glotfelty disagreed. "That's not always the truth," he said. "I've had horses all my life, and I've had some that are just like people; they're [naturally] thin. There are always problems that arise in any animal."

The commissioner asked what the protocols were for seizing and inspecting animals

Baker said the Humane Society does give an owner a chance to correct problems. "If the owner cooperates, we don't seize an animal," she said.

Baker said her group has a form stating the number of days an owner has to correct a situation. That number, however, depends on the severity of the problem.

"We follow the law," Baker said. "We get a call [about possible neglect]. We go on every call. We talk to the owners. Sometimes we talk to the neighbors. We look at the situation."

She said 90 percent of owners cooperate.

"The other 10 percent don't care, don't want us on their property, don't want to do it, and tell us to leave," Baker said. "Then if we have to go back, if the animal's bad, then we will take a vet, and then we use the vet's expertise in order to tell us that, 'Yes, this animal's really, really bad," and then we take it."

Baker said she could not count on one hand the number of animals the Humane Society has seized in its 25-year history.

"If we're asked to leave a property, we leave a property," Baker said.

She added that the Humane Society has a paper that it leaves with owners. "It says that we were there, why we were there, with the contact phone number on it, with the law on it," Baker said. "And people usually call us, and we discuss it and it's taken care of."

Glotfelty said both sides of the issue needed to use common sense. He suggested that the Humane Society and animal owners get together and review the current law and make suggestions together for revisions.

Commissioner Fred Holliday said the county could not just arbitrarily change the state law.

"But if you come in with good, legitimate changes that most can agree on and make recommendations," Holliday told Yoder, "then, if we feel it's warranted, we could ask our legislators to introduce legislation. It has to be approved by the 'big house' east of here."

Commissioner Ernie Gregg noted, however, that because it is a state law, there are no guarantees that the General Assembly will use any of the local suggestions.

Glotfelty said until the current law is changed, it has to be followed, whatever it says.

"That's what Maryland gave us," he said. "Right, wrong, or indifferent."


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

Md. Transportation, Highway Review 6-Year Plan

courtesy Republican News

Oct. 9, 2008

The Oakland bypass and virtually every other major new capital project in the state are "victims" of the economic downturn, Maryland Department of Transportation (DOT) deputy secretary Beverley Swaim-Staley told local officials and residents on Friday in the Garrett County commissioners' meeting room.
She and other DOT and State Highway Administration (SHA) officials have been reviewing their six-year Consolidated Transportation Program with residents across the state.

Swaim-Staley said $1.1 billion worth of projects have been deferred for five years because of a "dramatic" decrease in transportation revenue. Because of the high cost of gasoline, she noted, Maryland residents are driving fewer miles and buying fewer cars. As a result, the state has lost more than $750 million in fuel taxes, car sale taxes, and title/registration fees.

"We certainly hope when economic conditions improve we will have opportunities to move these deferred projects forward," the deputy secretary said. "But right now, we don't have that luxury."

She noted that Maryland is in better financial shape than other states and will be able to keep its System Preservation Program. As a result, road resurfacing and bridge maintenance projects will continue. Swaim-Staley added, however, that fuel, asphalt, and construction costs have greatly increased.

"We're spending more money on system preservation, but we're not getting as much for the dollar as we did a year ago," she said.

SHA administrator Neil Pedersen stressed the importance of highway safety and the need for local bridge preservation.

"As we've seen in some of our neighboring states, when you start to get behind, it takes an awful lot of money to catch up on system preservation," he said about bridge repairs.

He noted that only half of the bridges in Maryland are under the state's jurisdiction. Most of the rest belong to counties and municipalities. Pedersen said there is a special "pot" of federal money now available for local bridges.

"I'm going to be encouraging every county that we're visiting to take a look at their local bridge program," he said.

Pedersen also reviewed the status of the Oakland bypass. He said the engineering portion of the $42 million project was in its final stage.

The acquisition phase is 25 percent completed, but a portion of the right of way funding and all of the construction money have been deferred indefinitely. Additionally, the project is under-funded by $40 million, according to Pedersen.

"We will continue to work with both the town of Oakland and Garrett County in terms of right of way issues, ensuring that the right of way continues to be preserved," he said about the proposed bypass.

Members of Garrett Countians for Smart Growth were not displeased with the project's deferment.

"We feel the postponement is a good thing," said the group's spokesperson, Dr. Dona Alvarez. "We have 900 signatures on a petition to stop [the bypass]. We feel there have been significant local changes since the 1999 study."

Also speaking against the project were former state delegate DeCorsey Bolden and Mountain Lake Park mayor Leo Martin.

Total Biz Fulfillment owner Gary Ruddle, however, approved of the project.

"An Oakland bypass . . . would relieve Oakland of awkward, large trucks through a fairly congested town," he said.

Ruddell noted that as his business grows, so will truck traffic to and from his new southern warehouse, located along Rt. 135 near Mtn. Lake Park. In the future, he estimates, there will be as many as 200 truck trips per business day involving that facility.

Ruddell also spoke in favor of improving Rt. 495 and Rt. 135 so those highways could safely accommodate more truck traffic.

Another deferment is the Rt. 219 North corridor improvement study, a joint effort between Maryland an Pennsylvania. The local portion of this study involves the reconstruction/relocation of Rt. 219 from I-68 to the Pennsylvania state line.

"We're moving along fairly well in terms of identifying and doing civil engineering in several alternative alignments in each state," Pedersen said. An environmental impact statement concerning those alignments has also been written.

He added, however, that Pennsylvania is having even more transportation funding problems than Maryland. As a result, the Pennsylvania Department of Transportation has put project planning activities temporarily on hold.

"We will continue to coordinate with PennDot in helping them get the study completed so that an alignment can be selected," Pedersen said.

SHA District 6 engineer Bob Fisher reviewed local resurfacing and bridge preservation projects that are under way. Those include Streetscape projects in Mtn. Lake Park, Loch Lynn, and Oakland.

As in previous years, Director John Nelson, Garrett County Department of Planning and Land Development, presented a "wish list" of projects and concerns of local officials to the DOT and SHA.

"We know that some years are lean, but we continue to be optimistic that things will turn around," Nelson said. "With that in mind, we continue to list the Oakland bypass as our number one priority."

Also on the list was the Rt. 219 North project, crosswalk signage issues at Deep Creek Lake, an assessment of the need/obstacles to upgrading Rt. 495, and continued upgrades of Rt. 42.

Mayor Martin noted that his town should be able to have more input with compiling the wish list, as Mtn. Lake Park is the most populated municipality in the county.

"We don't agree with this list," Martin said. "Mtn. Lake Park has gone on record at least twice against the bypass because of the effect it will have on our town. And it's a very negative effect."


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

Commissioners Sign Comp Plan That Excludes Ridgeline Issues

courtesy Republican News

Oct. 9, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

GC Commissioners Allocate $39,383 To Cover Meals On Wheels Shortfall

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GC Commissioners Allocate $39,383 To Cover Meals On Wheels Shortfall


Oct. 2, 2008

The Garrett County commissioners on Tuesday appropriated more than $39,000 to cover a Meals on Wheels budget shortfall. Without the funding, Community Action's Area Agency on Aging would have needed to reduce its home-delivered meal service from five days a week to four.
"This made my day and many more to come," said Pam Nelson, Community Action's vice president of Community Services and Family Development, when she heard about the allocation. "It is a very good feeling to know that we can continue to feed those most in need: our elderly who often live alone and cannot buy food to cook for themselves."

On average, 150 local elderly residents are served by Meals on Wheels, according to AAA.

Denny Glotfelty, chair of the Board of Garrett County Commissioners, said he and his colleagues felt a great sense of relief that the program would not have to be cut.

"We've been concerned about the Meals on Wheels program since the news first came out that cuts were in the making," Glotfelty said. "We just couldn't allow some of our fellow Garrett Countians to go hungry."

During a meeting with the commissioners in July, Nelson and AAA director Adina Brode said they expected a shortfall of more than $36,000 for the home-delivered meal program because of cost increases in gas, food, meal packaging, and the minimum wage, as well as the lack of increase in state and federal funding.

As a result, several cost-saving measures would have to be made beginning in October, including reducing the home-delivered meal service days.

At the July meeting, the commissioners said they hated to see cuts to Meals on Wheels, as many seniors depend on the service not only for food but social interaction with the meal deliverer as well.

The AAA officials said they had looked at various ways to try to maintain the five-day service level, but given the current funding situation, it did not look possible.

This week, the commissioners agreed to appropriate $39,383 from the Garrett County Health Department's carryover to maintain the five-day service level.

"This is a one-time appropriation for fiscal year 2009," said county administrator Monty Pagenhardt. "These funds were made available from the supplemental carryover of fiscal year 2008 funds ($185,715) from the Health Department to the county."

Of the appropriated funding, $9,936 will be used to cover delivery costs, $6,000 for personnel, and $23,447 for food, according to Community Action president Duane Yoder.


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

SHA Officials To Discuss Six-Year Plan Tomorrow

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SHA Officials To Discuss Six-Year Plan Tomorrow


Oct. 2, 2008

The Maryland Department of Transportation and State Highway Administration's annual meeting with local officials will be held at 10 a.m. tomorrow, Friday, Oct. 3, in the Garrett County commissioners' meeting room at the courthouse in Oakland. The event is open to the public.
Maryland Transportation Secretary John D. Porcari, State Highway Administrator Neil Pedersen, and other department officials will discuss the DOT's six year (FY 2009–2014) Consolidated Transportation Program (CTP) draft.

Porcari announced last month, however, that his department has been forced to cut back on transportation projects by $1.1 billion over the next six fiscal years because of the national economy. Numerous projects throughout the state, including the Oakland bypass, have been deferred until economic conditions improve.

DOT officials are expected to announce tomorrow what other local projects have been put on hold.

Local officials have compiled a list of priorities, concerns, and questions that they will present at the meeting. Those include the Oakland bypass, the Rt. 219 North alignment project, improvements to the Rt. 219 corridor, continued upgrades to Rt. 42, possible upgrades to Rt. 495, signage/line striping improvements on Rt. 135 at the bottom of Backbone Mountain in Bloomington, and funding for the Meadow Mountain and the Deep Creek recreational trails.

Each fall the DOT presents its draft of the six-year capital program to every county and Baltimore city for review and comment. It then prepares a final report to present to the General Assembly in January.




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

MDA Officials Present Update Report On Gypsy Moth Suppression Program

courtesy Republican News


Oct. 2, 2008

Representatives from the Maryland Department of Agriculture and University of Maryland Cooperative Extension Service gave an update report to the Garrett County commissioners on this year's gypsy moth suppression program. More than 43,000 acres were sprayed in Garrett County in late May and early June through the MDA and a local cost-share program.
County and state officials indicated that the gypsy moth infestation problem appears to be improving somewhat.

"It's nice to have good news," said Biff Thompson, MDA agriculture inspector.

He gave a PowerPoint presentation on the results of the MDA's program. Statewide, about 99,000 acres were sprayed with insecticide, either dimilin or Bt. A full one-third of those acres were in Garrett County alone.

"Compared to the rest of the state, Garrett County got treated pretty well," Thompson said.

Of the 32,000 acres sprayed locally in the MDA program, about 26,000 acres were state owned and about 6,000 were privately owned. The spray blocks were primarily in the northeastern part of the county, between Big Savage Mountain and Meadow Mountain, along Backbone Mountain, and at Deep Creek Lake.

Thompson said the local operation went well. He noted there were only two spray blocks, about 1,800 acres, that sustained leaf defoliation this year from gypsy moth caterpillars.

"We're not sure why, maybe because of weather conditions," he said.

About .7 percent of the local spray blocks had defoliation. Statewide, that percentage was 2.8, for a 97 percent success rate.

"We're very lucky with our defoliation figures," Thompson said.

He indicated that surrounding states were not as fortunate. Their figures have increased rather than decreased. For example, Pennsylvania had 800,000 acres defoliated last year, compared to more than 1 million this year. West Virginia had 78,000 acres defoliated last year and 82,000 this year.

In contrast, Maryland had 68,000 acres last year, compared to 19,000 this year. The inspector said if the state had relied solely on a virus and fungus, natural enemies of gypsy moth caterpillars, rather than sprayed, there would have been a severe defoliation problem this year.

Thompson noted that about 6,000 acres of designated wildlands were treated in Maryland this year.

"In the past, we have not sprayed wildlands because of pressure put on the DNR," Thompson said.

There are about 44,000 acres of wildlands in Maryland, of which 11,000 are in Garrett County.

Local Extension educator Willie Lantz reported on the Garrett County cost-share program, which worked in conjunction with the MDA's.

Lantz said 168 private land owners had contracts with his office this spring, with more than 11,400 acres being sprayed. The land owners paid 60 percent of the cost, with the county contributing 40 percent. Land owners paid a total of $265,777; the Garrett County commissioners contributed $150,000; and the Deep Creek Property Owners Association added $22,500 to fund the spray operation.

In addition to negotiating the contracts for the local program, the GC Extension Office also completed egg mass surveys on more than 20,000 acres of forest land, creating GIS maps, and collected payments.

Lantz added that his office sent out surveys to the 2008 cost-share participants, asking them to evaluate the effectiveness of the operation, survey their property for potential problems in 2009, and indicate their satisfaction with this year's spray program.

The result of that survey is not yet known, Lantz said, as only 75 of the 168 participants have returned the forms so far.

Thompson recommended that the commissioners continue to fund egg mass surveys on private lands.

"It's not that much money; it's sort of like an insurance policy," he said. The inspector noted that the MDA only surveys state land and could miss potential problems on private properties.

"I would think that we would continue doing that, as long as it's affordable," said Commissioner Fred Holliday, noting current economic conditions.

The commissioner added, however, that he did not want the county to return to the bad shape it was in two or three years ago with the gypsy moth infestation problem.

"What's the prediction on the next parasite outbreak?" Commissioner Ernie Gregg asked, meaning the emerald ash borer.

Thompson said no adult emerald ash borers had been found in recently set traps in Garrett County and surrounding areas. Officially, he said, there are no borers in Garrett County, but some people disagree.

The emerald ash borer came from China at least four years ago via a boat in the Great Lakes area. It has already been found in Fayette County, Pa., northern Virginia, West Virginia, and Prince George's County.

"It's coming our way from three different directions," the inspector said.

The insect only attacks ash trees, but its impact is devastating. It will move quickly through an area and kill all the ash. Thompson noted that there are several areas of Garrett County that have significant numbers of ash trees.

He indicated that officials are working on ways to try to control the insect, but currently, there are no cost-effective ways to do so.

Commissioner Denny Glotfelty asked if people should start timbering ash.

"I've told people, 'If you have ash and it's a good size and you're doing a timber job, make sure you take all your ash,'" Thompson said.


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