Potential developers should proceed with percolation tests pronto

Garrett County commissioners point to grandfathering provisions

Elaine Blaisdell Cumberland Times-News

— OAKLAND — Recently passed legislation limiting septic systems for housing projects in Maryland contains grandfathering provisions, and Garrett County leaders have suggested that property owners take advantage of them.

Time is running out for potential developers, with the first step in the process a percolation test.

“If you have your application in to the Environmental Health Department by July, that would give you some grandfather rights to go ahead and create a subdivision that would be larger than seven lots, which would be considered a major subdivision,” said John Nelson, director of the Department of Planning and Land Development, during a recent commission meeting.

As soon as percolation test results are approved, property owners have 18 months until preliminary application can be made for subdivision plat approval, according Nelson.

“If property owners make application by July 1, 2012, we stand ready to do the necessary soil and percolation tests to meet the required plat approval deadlines,” said Health Officer Rodney Glotfelty in a news release.

It is important to have the application for the major subdivisions in the hands of the proper officials prior to the deadline, according to Glotfelty.

If application for the percolation test is not made by July 1, preliminary plans for a major subdivision that is utilizing an on-site sewage disposal system must be turned into the Department of Planning and Land Development by Oct. 1. These plans must be in by Oct. 1 to have exemptions for more than seven lots, according to Nelson.

Oct. 1, 2016, is the date to have subdivision preliminary plan approval from the county’s planning commission, for major subdivision utilizing an on-site sewage disposal system, according to the news release.

The Sustainable Growth and Agricultural Preservation Act of 2012 (Senate Bill 236), which was passed by the Maryland General Assembly, amends both Maryland health and land planning statutes, according to a county news release.

Nelson described the intent of SB 236, which is essentially a spetic bill.

“The intent of the bill is to minimize the number of new housing starts that will be allowed on septic systems,” said Nelson, “It really affects primarly rural counties more so than metropolitan counties where they do have infrastructure, water, sewer and those types of amenities.”

Areas currently served by public sewer are not impacted by this bill, according to Nelson. Instead, the bill will affect areas that are not currently served and planned areas.

The septic bill was based on recommendations from the governor’s Task Force on Sustainable Growth and Wastewater Disposal to minimize the amount of harmful nitrogen loads from septic systems that enter the Chesapeake Bay watershed, according to a news release. The Maryland Department of the Environment was required to come up with regulations for nitrogen offsets, according to Nelson. Currently, the septic systems leach out higher levels of nitrogen than are typically allowed on any public sewer system.

“If you are going to be creating a subdivision even a minor subdivision there will be nutrient requirements by MDE,” said Nelson. “What that means is your spetic systems are going to have to be designed as such, that they will virtually take out all nitrogen from the systems. We don’t know what those design systems are going to be it’s to premature.”

Nelson noted that the design systems are going to be more expensive and that MDE has until then end of the calendar year to come up with the regulations for the offsets of nitrogen.

Contact Elaine Blaisdell at eblaisdell@times-news.com

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Legislators review session; ‘worst year’ for Edwards

Matthew Bieniek Cumberland Times-News

— CUMBERLAND — Local legislators painted a bleak picture of the General Assembly session that ended earlier this month.

Sen. George Edwards said it was a “contentious year, the worst year since I’ve been in the legislature.” A special session is planned for May 14, Edwards said, to pass a budget instead of falling back on the so-called “doomsday budget.”

Edwards was speaking at the Allegany County Chamber of Commerce Legislative Wrap-Up Breakfast at the Holiday Inn downtown. Also attending were Delegates Wendell Beitzel, Kevin Kelly and LeRoy Myers Jr. A second special session in the summer could deal with gaming issues, he said.

“The problem is ... they picked winners and losers (in the ‘doomsday budget’),” said Edwards. The senator said he would have preferred a level funding approach. “That way you are treating everybody the same,” Edwards said. No matter what happens “we still have a very serious structural deficit,” Edwards said.

While Edwards said he thought income taxes would likely go up for some people, other taxes were nixed during the session and will stay dead for the special session.

“One thing I don’t think you have to worry about is a gas tax increase,” Edwards said. Edwards said mass transit programs should be funded as they are in several other states by a local mass transit tax. “We need to have that conversation,” Edwards said, rather than raise the gas tax.

“You will pay 30 more dollars when you flush your john,” Edwards said, referring to the increase in the Chesapeake Bay restoration fee increase. Edwards was successful in exempting those living in Garrett County west of the Continental Divide, since their streams do not flow into the bay.

The Agricultural Land Preservation Act, which effectively limits septic systems for large subdivisions will heavily affect rural Maryland, Edwards said. The effect will be a decrease in the value of farmland throughout the state, he said.

In the last three years “the governor has raided every fund you can possibly, think of,” said Beitzel, who introduced legislation to put a lock box on the bay fund. The legislation failed.

“We haven’t drilled one well in Maryland, but we had 22 bills on natural gas,” Beitzel said. Beitzel said the one bill that did pass dealing with natural gas drilling in Marcellus Shale created a presumption of fault by a gas company for problems within 2,500 feet of a well.

“This is a very difficult thing for the companies to deal with,” Beitzel said.

Education funding was also a disappointment for Beitzel. Garrett County had the biggest loss of education funding of any county in the state, he said, and that has led to decisions to close schools in the county.

Myers said one of his biggest concerns is the state business climate.

“We are becoming even more of a business-unfriendly state,” he said. The population of the state is increasing, Myers said, but not the number of taxpayers.

“Attracting new business to Maryland is just not happening,” Myers said.

Myers said the special session will cost taxpayers $50,000 a day, “which is wrong.”

“I wonder if as a state we really know where we are going,” Myers said.

Kelly believes allowing table gaming in the state, which would require a statewide vote, could benefit Rocky Gap. The General Assembly spent a great deal of time on same-sex marriage, which all the local delegation members oppose. Kelly said he believes voters will nullify the state’s same-sex marriage law if it goes to the expected referendum in November.

Kelly said he believed the May special session would last two to three days.

Beitzel said he felt the administration was “getting even” with rural Maryland. Edwards said the general view in Annapolis is that it’s cheaper to live out here, but Edwards said he wasn’t sure that was the case. “The fees add up,” Edwards said.

Maryland is the richest state in the nation, but Allegany County only has a median income of $38,000 and therefore a gas tax increase or $30 fee increase “means a lot more to someone here than out there,” he added. Edwards cited the median income of Howard County as $102,000.

Contact Matthew Bieniek at mbieniek@times-news.com.

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Local lawmakers’ bills set for committee hearings in Annapolis

Matthew Bieniek Cumberland Times-News


CUMBERLAND — Several pieces of local legislation are set for committee hearings this week at the General Assembly in Annapolis. Senate Bills 333, 470, 586 and 587 are scheduled for hearings over the next few days. House Bill 512 is scheduled for a hearing before the House Environmental Matters Committee today.
House Bill 512 allows the Garrett County Sanitary District to charge a late fee for unpaid water and sewer bills.
Currently, no late fee may be assessed, Delegate Wendell Beitzel said. The only option for late bills has been to turn off the water. In Garrett County, though, many homes are on public sewer but not public water.
While a lien can be placed against the property, it is usually a lengthy process to get a payment. It also would allow the district to require payment of those fees before reconnecting water service. The rate of the late fees would be set by Garrett County commissioners, Beitzel said.
Senate Bill 333, set for hearing today before the Budget and Taxation Committee, would give Garrett County commissioners flexibility on setting the county’s hotel tax rate. It was filed by Sen. George Edwards. House Bill 224 is a companion bill filed by Beitzel. If the bill passes, commissioners could raise the maximum hotel rental tax rate to 6 percent, up from the current 5 percent maximum.
In fiscal 2009, those taxes raised $1,426,900 for the county. Garrett County commissioners asked Beitzel to introduce the bill. Those funds are used for tourist promotions and other county projects, Beitzel said. The bill does not raise the tax, but would give commissioners that option, Beitzel said.
Senate Bill 470, filed by Edwards, would change the way pensions are calculated for Allegany County Orphan’s Court Judges. It will be heard by the Budget and Taxation Committee.
The Senate Education, Health and Environmental Affairs Committee on Friday will consider Senate Bill 587, which Edwards has filed. Beitzel has filed companion House Bill 222 in the House.
The bills would give the Garrett County Board of License Commissioners discretion in handling offenses relating to nudity or sexual displays that occur at a licensed establishment.
Board members, who asked Beitzel and Edwards to file the bills, are the authority for issuing or suspending liquor licences in the county.
Current law requires the revocation of the license without regard to the circumstances.
If the bill passes, the board could decide on less severe penalties than revocation if it believes the circumstances warrant a lesser penalty. Beitzel said the issue is rare in Garrett County.
Senate Bill 586 is scheduled today at 1 p.m. in front of the Budget and Taxation Committee. A full story about the bill appeared in Tuesday’s Times-News. The bill is designed to cap K-12 education cuts by more than 5 percent in Maryland counties. It is sponsored by Edwards.
Typically, after a committee hearing, the bill is referred to a subcommittee to develop a recommendation to the full committee. The process can take several weeks depending on the complexity of the bill.
Contact Matthew Bieniek at mbieniek@times-news.com.

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Committees Slate Hearings For Local Lawmakers' Bills

Feb. 16, 2012

Hearings have been scheduled in Annapolis for several bills introduced by Del. Wendell Beitzel and Sen. George Edwards.

The House Environmental Matters Committee will review Beitzel's HB 732 and HB 744 on Wednesday, Feb. 29, at 1 p.m. Both bills deal with natural gas and oil issues. HB 731 would require that the leases contain certain uniform language. It would also provide for the recordation of those leases.

HB 744 would require leasing agents, known as "landmen," be registered with the Department of Labor, Licensing, and Regulation in order to do business in the state of Maryland.

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Edwards' version of HB 744, SB 770, will be heard by the Senate Education, Health, and Environmental Affairs Committee on Tuesday, March 6, at 1 p.m. Edwards' SB 471 – Natural Gas and Oil Leases Recordation Requirement will be heard by the Senate Judicial Proceedings Committee on Wednesday, March 14, at 1 p.m.

The Senate Budget and Taxation Committee will hold a hearing for Edwards' SB 333 – Garrett County – Hotel Rental Tax Rate on Wednesday, Feb. 22, at 1 p.m. This proposed legislation would give the Garrett County commissioners authority to set the hotel rental tax rate limit at 6 percent. According to current state codes, the county may not set a hotel rental tax rate that exceeds 5 percent. The current rate is 5 percent.

The Senate Education, Health, and Environmental Affairs Committee will hold a hearing for Edwards' SB 472 – Environment – Dormant Mineral Interests – Termination by Court Order Requirements, and SB 588 – Bow Hunting – Possession of Handguns for Protection on Tuesday, Feb. 28, at 1 p.m.

SB 472 would require a court order that terminates a dormant mineral interest to identify specified information and would require the court clerk that issued the order to record it in the land records.

SB 588 would prohibit the Department of Natural Resources from restricting licensed bow hunters who are at least 21 years old from carrying a handgun for personal protection.

Edwards' SB 772 – Vehicle Laws – Registration Plates for Motorcycles – Individuals with Disabilities will be reviewed by the Senate Judicial Proceedings Committee on Wednesday, Feb. 29, at 1 p.m. This bill would allow someone to possess a specified number of special registration plates for individuals with disabilities for specified motorcycles, in addition to the special registration plate and parking placards authorized under provisions of law.

The Senate Budget and Taxation Committee will review Edwards' SB 469 – Family Security Trust Fund – Interest Earnings on Wednesday, March 7, at 1 p.m. This proposed legislation, in part, would prohibit the transfer of interest from the Family Security Trust Fund to the state's general fund.

The Senate Budget and Taxation Committee will review Edwards' SB 466 – Allegany and Garrett Counties – Slot Machines for Nonprofit Organizations, and SB 467 – Income Tax Credit – Teachers at Maryland School for the Blind and the Maryland School for the Deaf at 1 p.m. on Tuesday, March 13.

SB 466 would add Allegany and Garrett to the list of counties in which specified nonprofit fraternal, religious, and war veterans' organizations may own and operate not more than five slot machines under specified circumstances.

SB 467 would, in part, alter a credit against the state income tax for up to $1,500 of tuition costs of specified teachers to include teachers at the Maryland School for the Blind and the Maryland School for the Deaf.

Edwards' SB 468 – Real Property – Acquisition by State Highway Administration – Unpaid Assessments will be reviewed by the Senate Judicial Proceedings Committee on Wednesday, March 14, at 1 p.m. This bill would expand the application of specified provisions of law relating to the acquisition by the State Highway Administration of real property that is subject to an unpaid assessment.

Anyone who would like to know more about these bills can access the information and the hearing schedule on the Maryland General Assembly's web site at http://mlis.state.md.us.

Persons may also contact Beitzel's office at 1-800-492-7122, ext. 3435, or Edwards' office at 1-800-492-7122, ext. 3565.

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GC Lawmakers Will Not Submit Union Bargaining Bills

Feb. 9, 2012

Sen. George Edwards and Del. Wendell Beitzel will not pursue a legislative request by the Board of Garrett County Commissioners that would mandate collective bargaining for Garrett County Roads Department employees currently represented by the American Federation of State, County, and Municipal Employees, Council 67, Local 1834.

By a vote of 2 to 1, the commissioners asked the local lawmakers during a meeting on Dec. 20, 2011, to submit bills in the current Maryland General Assembly session that would allow for collective bargaining.

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The county has informally recognized the union and conducted collective bargaining on a voluntary basis since the 1970s. Commissioners Jim Raley and Bob Gatto indicated during the December meeting that mandated collective bargaining would offer the roads workers some protection and job security, regardless of who held county or state offices.

Commissioner Gregan Crawford opposed the collective bargaining issue.

Raley acknowledged during the December meeting that a local resolution would need to be written that talked about some of the "nitty gritty" details between the union and the county, including such issues as membership requirements and strikes.

Edwards and Beitzel informed the commissioners in a letter dated Jan. 30 that they would not introduce the proposed legislation.

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Fracking might be years off, but the bills pile up

Legislature to weigh measures regarding controversial practice
by Margie Hyslop, Staff Writer

The General Assembly has key decisions to make this year on the controversial practice of fracking, years before it is likely to begin tapping gas from shale in the state.

Del. Heather R. Mizeur (D-Dist. 20) of Silver Spring said she is in the process of filing several bills that would affect the hydraulic fracturing of rock to mine natural gas, including a proposal that would place a 2 percent tax on the transfer of oil and gas leases and sales of mineral rights.

Her measures would require oil and gas companies to disclose detailed information about their operations in Maryland on a public website, said Mizeur, who is among 14 members of a state advisory commission.

Although western Maryland contains just 1 percent of the massive Marcellus Shale formation and mining of the gas likely is several years away, the issue is hot throughout the region, as fracking takes place in neighboring states such as Pennsylvania and West Virginia.

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Beitzel, Edwards Introduce Bills Of Local Importance

Feb. 9, 2012

Del. Wendell R. Beitzel (R–Dist. 1A) announced this week that he has filed several bills in the Maryland General Assembly that directly affect Garrett and Allegany counties.

House Bill 660, a bill that would cap the losses of state funding for education incurred by local governments, has been assigned to the House Ways and Means Committee.

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Beitzel said this bill is important in light of the 11.8 percent proposed cut included in Gov. Martin O'Malley's FY 2013 budget for Garrett County schools. A similar bill, Senate Bill 586, was filed by Sen. George C. Edwards (R–Dist. 1).

"The children of Garrett County deserve quality education," Beitzel said. "These cuts proposed by the governor severely hamper the BOE's ability to adequately fund K–12 education in the county, which is evidenced by recent proposals to close three more public schools. Senator Edwards and I will fight, as we did last year, to continue quality education for western Maryland's children."

Beitzel also filed bills regarding the leases of natural gas and oil. HB 403 would require the inclusion of an intake sheet for natural gas and oil leases when the leases are recorded by the clerk of the court. Edwards has filed similar legislation, SB 773.

The delegate explained that current law does not require the inclusion of an intake sheet, and stipulates that a clerk can accept a lease without such a sheet.

"Upon passage of this legislation, the intake sheet can be used to better index these natural gas and oil leases," Beitzel said.

Other measures dealing with natural gas and oil include HB 732/ SB 773, which would require natural gas and oil leases to contain certain uniform language. Each also provides for the recordation of leases.

In addition, HB 744/SB 770 would require leasing agents, known as "landmen," be registered with the Department of Labor, Licensing, and Regulation in order to do business in the state of Maryland. Similar measures were presented to the Texas legislature, Beitzel noted.

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Local legislation offered on slots, alcohol licenses

One bill would allow up to five slot machines for area nonprofits

Matthew Bieniek Cumberland Times-News


CUMBERLAND — Several bills relating to Garrett and Allegany counties have recently been filed by Sen. George Edwards and Delegate Wendell Beitzel. One of the more far-reaching bills, Senate Bill 466, filed by Edwards, would allow nonprofit organizations in both counties to have up to five slot machines.
Edwards filed the bill after requests from veterans groups during public delegation meetings before the General Assembly session opened last month.
At that meeting, John M. Martin, a member of the Veterans of Foreign Wars post in Oldtown, was among those supporting the idea.
“We would like to be on a level playing field with the other organizations in the state of Maryland,” Martin said. The machines are already allowed in some counties on the Eastern Shore, he said. “It would be another source of income for the county,” he said. The added funds would help the VFW and the rest would be distributed to the many charities the VFW supports, he said.
Senate Bill 205 tweaks the already existing “Correctional Officers Bill of Rights” with language already used for Cecil County and St. Mary’s County officers.
Essentially, the bill allows local authorities to transfer or reassign officers as long as the transfer is not punitive and is in the best interests of managing the facility, according to the Department of Legislative Services.
Beitzel has filed several bills relating to Garrett County.
House Bill 222 would give the Garrett County Board of License Commissioners discretion in handling offenses relating to nudity or sexual displays that occur at a licensed establishment.
The board, who asked Beitzel to file the bill, is the authority for issuing or suspending liquor licences in the county.
Current law requires the revocation of the license without regard to the circumstances.
If the bill passes, the board could decide on less severe penalties than revocation if the circumstances warranted a lesser penalty. Beitzel said the issue is rare in Garrett County.
House Bill 224 would give Garrett County commissioners the ability to raise the maximum hotel rental tax rate to six percent, up from the current five percent maximum. Edwards has filed a companion bill — Senate Bill 333.
In fiscal year 2009, those taxes raised $1,426,900 for the county. Garrett County commissioners asked Beitzel to introduce the bill. Those funds are used for tourist promotions and other county projects, Beitzel said. The delegate emphasized that the bill does not raise the tax, but does give commissioners the option.
House Bill 512 allows the Garrett County Sanitary District to charge a late fee for unpaid water and sewer bills.
Currently, no late fee may be assessed, Beitzel said. The only option for late bills has been to turn off the water, but in the county, many homes are on public sewer but not public water.
While a lien can be placed against the property, it is usually a lengthy process to get a payment. It also would allow the district to require payment of those fees before reconnecting water service. The rate of the late fees would be set by Garrett County commissioners.
Contact Matthew Bieniek at mbieniek@times-news.com

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Local Lawmakers' Bills Scheduled For Committee Review

Feb. 2, 2012

General Assembly committee hearings are under way in Annapolis for legislation proposed by state lawmakers. Bills introduced by Del. Wendell Beitzel and Sen. George Edwards will be reviewed during the next several weeks.

The House Appropriations Committee will hold a public hearing for Beitzel's HB 121: "Dedicated Funds – Prohibition of Transfer – Chesapeake and Atlantic Coastal Bays 2010 Trust Fund and Bay Restoration Fund" on Tuesday, Feb. 7, at 1 p.m. in Room 120, House Office Building.

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This bill would amend the Maryland State Constitution to prohibit the transfer of funds from the two major sources of revenue for bay cleanup efforts in the state.

"The Chesapeake By is a state treasure that needs to be protected, and the citizens of the state are paying to 'save the bay,'" Beitzel said. "Therefore, the dedicated funds entrusted to the state need to be restricted for their intended purpose."

Anyone wishing to testify on HB 121 must sign the witness register by 12:50 p.m. on the day of the hearing. Those who have written testimony are asked to submit 40 copies to the Appropriations Committee staff for distribution by 11 a.m. Persons interested in submitting testimony may contact Beitzel's office at 800-492-7122, ext. 3435, for assistance.

The delegate noted that Gov. Martin O'Malley's SB 240 would increase the "flush tax" from $30 to $60 for septic system users.

For those who are connected to municipal sewage treatment facilities, the fees will be based on the amount of water used. A $.90 fee is proposed to be placed for each 1,000 gallons for the first 2,000 gallons. Then an additional $1.25 would be charged for each 1,000 gallons thereafter. Under this scenario, Beitzel said, a family of four with an average daily water usage of 70 gallons per person (8,400 gallons/month) could see quadruple the flush tax fee from an original $30 per year to $180 per year.

Betizel noted that during the 2011 General Assembly session, O'Malley's budget transferred $290 million from the Bay Restoration Fund and the Chesapeake & Atlantic Coastal Bays 2010 Trust Fund into the state's general fund. The funds are to be replenished with general obligation bonds, which require additional interest costs and limit the amount of bond funds available for other state capital projects.

"If these funds were never raided, there would be no immediate need for a [flush fee] increase," Beitzel said.

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Local lawmakers send bills onward

Panhandlers, Caylee’s Law on agenda in Annapolis

Matthew Bieniek Cumberland Times-News

CUMBERLAND — Local legislators are filing proposed laws either as sponsors or co-sponsors in the opening weeks of the General Assembly.

A bill to control panhandling in Allegany County is one of the bills filed by Delegate Kevin Kelly.

Kelly introduced the legislation at the behest of Allegany County Sheriff Craig Robertson, who has been concerned about a spike in panhandling in the area. Robertson was responding to complaints from the public. The existing law makes it tough for the sheriff and his deputies to do anything about the problem of people asking for money.

Kelly said he filed the panhandling legislation Friday.

The main concentration of the panhandlers has been in the LaVale area between Country Club Mall and Braddock Square. The panhandlers also seem to be active on nearby National Highway. The sheriff and his deputies have heard concerns from a large number of citizens, he said.

“It’s a safety issue when it comes to the roadway,” the sheriff said.

Kelly’s bill would amend a state law already on the books, to apply to Allegany County. That law bans solicitation along public roadways.

Delegate Leroy Myers said Washington County has faced a similar problem in the past.

Sen. George Edwards has filed a bill that applies to correctional officers in Garrett County entitled the “Correctional Officers Bill of Rights.” The text of the bill, Senate Bill 205, isn’t yet available.

Edwards is also co-sponsoring a “Caylee’s Law” bill in the Senate. Senate Bill 139 would make it a crime for failure to report the disappearance of a minor. Kelly is sponsoring a similar, independent bill in the House.

The proposed laws developed after Casey Anthony’s acquittal in Florida earlier this year, regarding charges that she murdered her 2-year-old daughter, Caylee.

Anthony did not report her daughter missing to police, who were finally alerted to the missing child by Casey Anthony’s mother 30 days after the child was last seen.

The laws are designed to allow prosecutors to bring felony charges against parents who do not quickly report missing children, with most of the proposals requiring law enforcement notification by 24 or 48 hours after a child goes missing, or a shorter time frame to report the death of a child.

Among other bills Edwards is co-sponsoring is one allowing veteran’s organizations a license for no more than five instant ticket lottery machines under specified circumstances.

Myers is co-sponsoring House Bill 82, which would make it the policy of the state to “restrict and deter the use of unauthorized alien workers in the performance of public contracts and grants in the State; specifying criteria for mandatory registration in a federal E-verify program for specified contractors and grantees; prohibiting noncompliant persons or entities from performing specified contracts,” a summary of the law indicates.

Myers is also co-sponsoring HB 113, which would require specific proof of identification by voters. If they did not have proof of identification, they would be required to submit a provisional ballot.

Delegate Wendell Beitzel is also co-sponsoring HB 82 on the E-verify program. He’s also supporting HB 91, a right-to-work law and HB 102 to proclaim a German-American Heritage month. Beitzel has also filed a bill for a Constitutional Amendment that will be the subject of an upcoming Times-News story.

Contact Matthew Bieniek at mbieniek@times-news.com

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GC Commissioners Present Legislative Requests To Sen. Edwards, Del. Beitzel

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Dec. 22, 2011

The Garrett County commissioners presented their 2012 list of legislative requests to Sen. George Edwards and Del. Wendell Beitzel on Tuesday. About 75 residents attended the meeting, which was held at the courthouse in Oakland.

Issues that the county would like the local lawmakers to consider for possible legislation include collective bargaining rights for Local 1834, a new hotel rental tax limit, late fees for unpaid public utilities bills, animal control, and a bill of rights for local correctional officers.

By a majority consensus, the commissioners asked Edwards and Beitzel to draft a bill that would give them legislative authority to mandate collective bargaining for Garrett County Roads Department workers, who are currently represented by the American Federation of State, County, and Municipal Employees, Council 67, Local 1834.

"You've created history by approving collective bargaining," union representative Jim Bestpitch told the commissioners.

The county has informally recognized the union since the 1970s. Numerous road workers were on hand to hear the commissioners' request.

Beitzel asked the commissioners why they felt the legislation was needed.

"We've conducted collective bargaining with the roads workers for years, and it's been on a voluntary basis," Commission chair Jim Raley said. "When you look at the state of the country and you look at some of the issues that have happened in other places, I think that the gentlemen and ladies in this room just probably want some form of protection that says no matter who the board of commissioners is, no matter who the county administrator is, no matter who the delegate and senator are, they will have the right to continue to bargain."

Commissioner Bob Gatto also favored the collective bargaining issue, while Commissioner Gregan Crawford opposed the idea.

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Lawmakers: Session a rough few months for Western Maryland

Kristin Harty Barkley
Cumberland Times-News The Cumberland Times-News Wed Apr 27, 2011, 11:26 PM EDT

FROSTBURG — The District 1 Delegation to the Maryland General Assembly met with area business leaders Wednesday morning to reflect on the 428th session, which ended April 11.

By all accounts, it was a rough few months for Western Maryland.

“This year was almost like an assault on rural Maryland,” said Delegate Wendell Beitzel, noting that education funding was drastically reduced for Allegany and Garrett counties.

“You’d think perhaps the governor was trying to get even with the rural areas of the state because he didn’t get many votes in this area.”

About 45 people gathered at the Lyric Theater Wednesday for the Allegany County Chamber of Commerce’s annual Legislative Wrap-Up Breakfast.

With Beitzel, Delegates Kevin Kelly and LeRoy Myers, and Sen. George Edwards discussed some of the most difficult battles.

• The governor proposed the elimination of key funding sources for both Garrett and Allegany counties, including a 25-percent annual reimbusement for Deep Creek Lake dock fees, and a similar reimbursement for timber sales.

“We held the line on those two,” Beitzel said, adding that the local delegation also successfully defended the Maryland-Mined Coal Tax Credit.

“This is an annual thing we’ve had to battle, and we had to fight it hard this year,” Beitzel said.

• Efforts by Beitzel and Sen. George Edwards to encourage forward movement on drilling in the Marcellus shale were rebuffed by the administration, which wants to further study environmental impacts.

“We got an opinion from the attorney general that says the Department of the Environment has all the power they need to draft any rule or regulation they feel appropriate to put in place for Marcellus drilling,” said Edwards, who encouraged local residents to write the governor’s office to give their “two cents worth” on the issue — regardless of where they stand.

“So it’s a question, I guess, do you trust MDE to come up with what you might feel is appropriate? We feel they can. I just use coal mining as an example. We have some of the strictest mining laws in the country now. ... We believe we’ll have some of the strictest, if not the strictest, drilling rules in the country.”

Edwards and Beitzel said that Marcellus shale drilling could provide an unprecedented boost to the local economy and should be pursued, though safely and wisely. The issue has sparked heated debate in the community.

“None of us want to see anyone come in and mess up our area,” Beitzel said. “But we need energy. And this is one area of Maryland where we have energy resources.”

• A 3 percent increase in the sales tax on alcohol is expected to have negative effects on area businesses. Starting July 1, the sales tax will increase from 6 to 9 percent.

“This tax actually impacts the rural parts of the state considerably,” Edwards said. “Because we had a lot of people coming into our part of the state to buy alcoholic beverages. Now they’re not going to because we’re not going to be as competitive as we were.”

The session was not without good news for Western Maryland, however. Legislators overwhelmingly passed a bill aimed to bring a slots operator to Rocky Gap Lodge & Golf Resort, which is deeply in debt.

“We had 120 other legislators come to the rescue of Rocky Gap,” Myers said. “That took our efforts, working with our colleagues, to get a product at Rocky Gap that was something that would attract a bidder.”

And the local delegation worked to defeat a bill that would have forced the renaming of Negro, Polish, and Savage mountains.

“We took a defensive posture, we made great presentations, and we stuffed those bills this year,” said Kelly, who called called the name-change effort “political correctness run amock.”

“I don’t think they’ll be coming back.”

Contact Kristin Harty Barkley at kbarkley@times-news.com

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Beitzel Introduces Turbine, Property Marker Legislation

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Jan. 27, 2011

Del. Wendell Beitzel introduced two more bills for the Maryland General Assembly's consideration last week in Annapolis. A previously introduced piece of proposed legislation, dubbed the "Buy American" bill, will go under committee review next week.

House Bill 112: "Garrett County – County Commissioners –Commercial Wind Turbines" would give the commissioners the authority to enact ordinances in Garrett County regarding setbacks and decommissioning of wind turbines.

"This is a measure that both Senator Edwards and I have pursued during past sessions," Beitzel said. "Slowly but surely, I believe that many are beginning to see the need for such commonsense legislation. As turbines continue to be placed on Garrett County's mountainsides, I believe it is imperative to ensure that those who live, work, and play under these imposing structures are protected."

Beitzel's House Bill 113: "Real Property – Interference With Property Markers – Penalty Increase" would increase fines for vandalizing property markers.

"The interference with property markers has been a problem in Garrett County, especially within the Deep Creek Lake area," Beitzel said. "Monuments marking property lines have been destroyed or moved over the years. As a result, surveying groups have gone to great expense to replace and/or relocate these markers."

Current law states that interfering with property markers is a misdemeanor subject to a fine up to $500.

"The bill that Senator Edwards and I are proposing will increase the penalty to up to $2,500. This increase in the maximum penalty reflects the considerable costs incurred to replace and relocate these markers."

Read the full article here.

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Legislation To Help GC Doctors Fails House, Senate Committees

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Legislation To Help GC Doctors Fails House, Senate Committees


Mar. 11, 2010

Legislation offered by both Del. Wendell R. Beitzel and Sen. George C. Edwards failed to receive approval of the House Judiciary Committee and the Senate Judicial Proceedings Committees this week. The legislation proposed to include Garrett County doctors performing obstetrical services under the classification of state employee over the next five years.
"This legislation did not increase state spending," said Beitzel. "All it sought to do was provide much needed medical liability insurance assistance for family doctors who provide obstetrical service for the women and children of Garrett County."

The family practitioners were receiving a subsidy as a result of a 2007 legislation presented by Beitzel and Edwards that was subsequently signed into law by Gov. O'Malley. The legislation provided more than $750,000 over three year, but had a sunset provision that ended the subsidy on Dec. 31, 2009.

Money for the physicians' medical malpractice insurance subsidy was provided from the Rate Stabilization Fund. Subsequent efforts to continue the subsidy by legislation introduced by both Beitzel and Edwards failed in 2009 after receiving considerable opposition by the O'Malley administration, which earlier had diverted the proceeds from the Rate Stabilization Fund for other uses.

"Garrett County is unique," Beitzel told the House Judiciary Committee. "There is no other county in the state that is in the same position that we are in. Because the next best hospital is at least 45 minutes to an hour away, this is a women's health issue."

Garrett County is Maryland's sole jurisdiction without a practicing obstetrician. The county relies on the high quality obstetrical care provided by four family practitioners and has some of the state's best birth outcome indicators, Beitzel noted.

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