December 2011 – Page 2 – Jay's Real Estate Blog

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.

More here.

Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!

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$1.9M Allocated For Jennings Randolph Lake Maintenance

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Dec. 22, 2011

U.S. Senator Barbara A. Mikulski announced Monday that $51.7 million for U.S. Army Corps of Engineers projects throughout Maryland has been secured in the fiscal year 2012 Energy and Water Development Appropriations Bill.

With a vote of 70–30, the bill was passed by the full Senate as part of the Consolidated Appropriations Act. The House also approved the act with a vote of 296–121.

The spending bill includes funding for the following U.S. Army Corps of Engineers projects:

• $1.9 million for the operation and maintenance of Jennings Randolph Lake in Garrett County, which provides flood control and recreation to western Maryland and water quality and water supply for Montgomery and Prince George’s counties.

• $18.3 million for the C&D Canal for annual maintenance dredging of its shipping channels, which serves as a shortcut for vessels traveling between Baltimore and points north.

• $11.8 million for the continuation of the Poplar Island environmental restoration project, which is taking clean dredged materials from the shipping lanes leading to the Port of Baltimore and using it to stabilize the shoreline, create habitat areas, and restore the wetlands of one of the Chesapeake Bay’s most valuable island ecosystems.

• $2.45 million for the Chesapeake Bay Oyster Restoration program to continue efforts to increase the oyster population in the Chesapeake Bay by restoring oyster habitat, creating new reefs, and planting disease-free oysters on the reefs.

• $700,000 million for Assateague Island in Worcester County for restoration efforts that will protect the northern end of the island and its fragile habitat.

More here.

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GC Program Saving Lives…

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Dec. 15, 2011

The list of the many positive effects of Garrett College on our county and on the students it serves is a lengthy one, considering all of the institution’s fine academic programs, the golden opportunity that the college provides for so many more local students to obtain a college education, the athletic and recreational opportunities, and the overall positive economic impact of the college on the economy of the county, including providing many jobs.

However, one of the more obscure, yet exciting, services of the college is featured on the Garrett College News Beat page in this issue of The Republican (page C-2). The focus of the story is the Garrett-Backbone College Program, which affords the opportunity for wayward youth incarcerated at the Backbone Youth Center to obtain college credit and, more importantly, an avenue for a productive life outside the correctional system.

The young people housed at the Backbone Youth Center are there because they have selected a path of juvenile delinquency. They are typically from dysfunctional – often downright destructive – home environments, from which there is often little hope of ever escaping. The prospect of becoming law-abiding, productive adults is generally slim. In fact, as the story notes, the recidivism rate of juveniles who get into trouble is from 70 to 80%.

However, since the Garrett-Backbone College Program has been in existence (since 2006), the recidivism rate of youth who have been in the program is 38%. Not only have nearly two-thirds of the participants converted to a law-abiding way of life, but a number of them have become highly successful. Several have continued in college – both at Garrett and elsewhere – obtained good jobs, and/or enlisted in the military, where they have also excelled. One alumnus of the school is now a student in the University of Maryland School of Law!

Since its beginning, some 180 young people have earned a total of over 1,000 college credit hours.

This program proves that so many of the nation’s youth who get into trouble for a variety of reasons can indeed overcome huge odds and get their lives back on a positive track if they are provided the kind of opportunity generated by programs such as these, and come into contact with adults who truly care about them.

As noted by GC professor Elizabeth Grant, this program also provides an excellent learning environment for other Garrett students who are enrolled in justice studies or various education-related classes, as the program provides some real-life practical situations and experiences.
Kudos to all involved with this outstanding program that is truly “making a difference,” and probably literally saving the lives of some of our young people who just need a second chance.

More here.

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Superintendent Waggoner Asks BOE To Consider Closing Schools

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Dec. 15, 2011

A somber tone was struck at Tuesday’s monthly Garrett County Board of Education meeting, which centered around the projected budget shortfalls faced by the school system and the possibility that those financial woes may cause some major changes. Most notably, the financial deficit may force the BOE to vote to close a number of Garrett County schools.

Before a pair of presentations were given on the subject, extra chairs were brought into the board room of the Board of Education building to accommodate the larger than usual crowd in attendance.

The first informative talk was given by Larry Mc-Kenzie, director of finance, who presented tentative estimates on Maryland’s state aid wealth formula and its effects on school budgets. McKenzie explained that according to the formula, Garrett County was on track to become the fifth wealthiest county in Maryland, and therefore receive increasingly less funding from Annapolis.

This trend was attributed to reductions in local student population, as well as to increases in real estate value, presumably properties in the Deep Creek Lake area and those connected with utilities. Estimates for immediate budget losses were thought to be somewhere between $1.5 and $3 million.

Following McKenzie’s presentation, Sue Waggoner, interim superintendent of schools, addressed the board with proposals for balancing the budget. These proposals were to be taken under advisement by the board, and will be considered over the coming months.

Through the first year of Waggoner’s five-year proposal, the board was asked to first consider eliminating the high school driver’s education program. This action would reportedly net a saving of $200,000 per year. Coupled with this measure was a proposal to also consider the elimination of the full-time school-enrichment positions, allowing those duties to fall to the primary teaching staff and perhaps to part-time employees. The removal of these positions would reportedly reduce the budget deficit by around $165,000 per year.

Waggoner also asked the board to consider reconfiguring the current grade structure of schools, moving fifth graders to middle schools. This new configuration would have pre-K through fourth graders attend elementary schools and fifth through eighth graders attend middle schools. High schools would see no change.

Having middle school begin at the fifth grade level, Waggoner explained, was a somewhat common practice in the neighboring states of Virginia and West Virginia and would also allow for a smoother transition into the redistricting of students brought about by school closings.

The first school that the board was asked to consider for closure was Dennett Road Elementary, as its location would allow those currently enrolled there to be relocated to Broad Ford, Yough Glades, and Crellin. Dennett Road was also targeted because of its need for extensive renovations in the near future – renovations which could not be completed given the school system’s current financial situation.

This maneuver would also allow for the removal of 16½ teacher, principal, and custodial positions throughout the school system.

Two other facilities – Kitzmiller and Friendsville elementaries – were also presented to the board as candidates for closure. If this were to occur, Kitzmiller students would presumably be redistricted to Yough Glades, while Friendsville students would be sent to Accident and Grantsville. Waggoner estimated a savings of around $279,000 per year if Kitzmiller were closed, while closing Friendsville would reportedly save around $674,000.

Beyond the closing of schools, reductions in spending on transportation, maintenance, and staff were proposed in order to balance the budget. Waggoner felt that the transportation budget could be reduced by around $128,000.

More here.

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Commissioners Review Building Permitting, Assistance Prog., Economic Dev. Issues

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Dec. 15, 2011

The Garrett County commissioners reviewed a wide variety of issues during their public session last Tuesday at the courthouse in Oakland. Topics discussed included building permits, the Energy Assistance Program, a building purchase, and a bid award for standing timber.

Permits and inspections chief Jim Torrington reported that building permits were down in the county by more than 24 percent for the first 11 months of this year, compared to the same time period in 2010. Permits issued between January and the end of November 2011 were 368, compared to 486 in 2010, 459 in 2009, 513 in 2008, and 638 in 2007.

Torrington noted there were 16 modular home permits issued in the county last year, compared to only five this year. He attributed the decrease to a new code requiring that modular homes be equipped with fire suppression systems.

“It definitely has had an impact on the modular home industry in the county,” Torrington said about the regulation.

That industry, as well as the home construction one, will also be affected by new energy standards recently adopted by the Maryland Codes Administration. One specific regulation requires that new homes undergo a blower-door test. Energy auditors use the test to determine a home’s airtightness, which affects energy consumption.

The new requirement for modular homes goes into effect in the state on Jan. 1, 2012. For new home construction, counties have until July 1, 2012, to adopt the code. Torrington noted that since the requirement pertains to an energy code; it cannot be amended by the county. He indicated he wants to hold a meeting with local contractors sometime in the spring to educate them on the new energy code requirements.

Also last Tuesday, Community Action president Duane Yoder updated the commissioners on the Energy Assistance Program. He indicated that numerous local residents are in need of assistance to heat their homes this winter but because of issues at the federal level, funding has been tied up.

The program provides help with heating costs to low- and moderate-income households. It serves about 3,000 households in Garrett County each year.

“The program affects about a quarter of the households in Garrett County,” Yoder said. “And, to date, we’ve not been given permission to release any of the money.”

He explained that the federal government has not yet decided on a final budget for the program this year. As a result, Maryland does not know how much money it is going to get for the program, and, therefore, is not granting Community Action the authority to release any of the money that has already allocated to the agency.

“So, we’re sitting on money that has already been deposited in our account,” Yoder said about the $1 million that has been earmarked for energy assistance.

In the last few weeks, he noted, residents who are already certified for the program are calling his office, stating they are out of fuel. He said Community Action was working with Social Services and the faith-based community to help with the real dire emergencies.

“Is there anything we can do to help?” Commissioner Jim Raley asked.

Yoder suggested the commissioners contact the governor about the issue, which has become a life-threatening one for some households. He noted that the decision on the funding releases has been moved from Maryland Department of Human Resources to the Governor’s Office.

“A minimum benefit release would at least give us the ability to get through this until they decide what they are going to do,” Yoder said.

Further complicating the issue, he noted, is that federal officials are proposing cutting the program by 40 percent. Last year, beneficiaries received an average of $540. That could be cut to $224 this year, creating energy assistance needs again for local families in February and March.

Following the meeting, the commissioners, Yoder, and county administrator Monty Pagenhardt conducted a conference call with Governor’s Office officials about the funding issue.

More here.

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County Residents Reminded To Buy Refuse Site Permit

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Dec. 15, 2011

The Garrett County Department of Solid Waste and Recycling reminds residents that they could be left “holding the bag” on Monday, Jan. 2, unless they have purchased a 2012 Residential Refuse Site Permit. The new permits went on sale on Oct. 1 and will be valid through Dec. 31, 2012.

Residents may purchase their 2012 permit in person at the landfill or the Garrett County tax office.

Permits are also available online to anyone who has previously held a permit or the application can be submitted by mail.

“Purchasing online is the fastest way to renew, and there is no additional charge for using your credit card online,” said department manager Dave Baker.

Applications are not mailed out, but are available at all collection sites, online, the Grantsville library, the Garrett County tax office, and at the landfill.

“Residents are encouraged to avoid the New Year rush and renew today,” Baker said.

More here.

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Fracking Commission Wants To Make It Easier For Landowners To File Suit

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Dec. 15, 2011

by Greg Masters

Capital News Service

ANNAPOLIS – A commission tasked with advising Maryland on possible shale gas production supports a change in the law that would make it easier for landowners to bring claims against drillers regarding water contamination and other damages near hydraulic fracturing, or “fracking,” sites.

The new law, which commission chair and Towson University professor David Vanko said has “pretty broad support” from the commission, would shift the burden of proof to energy companies by creating a “rebuttable presumption” that drilling activity causes certain kinds of damages occurring close in time and in proximity to natural gas operations.

“I think (asymmetry of resources) always has been an issue in litigation, particularly where an aggrieved party, Joe Homeowner, is suing a Fortune 500 company,” said Harry Weiss, a lawyer in the Philadelphia-based law firm Ballard Spahr and a member of the advisory commission. Weiss said Pennsylvania already has a similar presumption statute for damages that occur near natural gas operations.

This and other changes to the state’s liability structure, as well as potential revenue sources from gas drilling, will be included in a set of recommendations due Dec. 31 – the first milestone in a three-year study that Gov. Martin O’Malley required by executive order in May.

More here.

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Advocacy Group Seeks Legislation To Expand Energy-Leasing Protection

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Dec. 15, 2011

A local organization that has advocated for making more information available to land-owners who wish to lease their property for energy development announced this week it would ask western Maryland’s Annapolis delegation to sponsor a “Fair Energy-Leasing Act” in the upcoming session of the Maryland General Assembly.

CitizenShale acting director Natalie Atherton said the organization would present its suggested legislation this Saturday to Sen. George Edwards and Del. Wendell Beitzel at the delegation’s annual pre-legislative public meeting, which is slated to begin at 10 a.m. in Garrett College’s Room 205. The legislators traditionally use the opportunity to discuss proposals for new legislation, and the public is always encouraged to attend.

“Leases are both individual landowners’ and our county’s first line of protection against poor industrial practices that might harm our land, our water, or our economy,” said Atherton.

CitizenShale’s proposed legislation would require licenses for leasing agents and “land men” who represent the many out-of-state energy corporations that have, since 2006, negotiated leases in Garrett and Allegany counties. The bulk of the leasing activity has been for shale gas extraction, which has not yet occurred in Maryland, but Atherton noted that other forms of industrial energy development, such as wind-power, raise many of the same land-use and consumer protection issues.

All such leases, as well as the outright purchase of mineral rights, are the foundation of energy development in Maryland – including shale gas extraction, should it occur.

Edwards and Beitzel have in the past sponsored bills dealing with gas leasing. The issue has also caught the attention in the last year of Maryland Attorney General Douglas Gansler, whose office has issued two “public information notices” to assist lessors, most recently in October.http://www.blogger.com/img/blank.gif

The organization’s proposal follows a public meeting it sponsored last Thursday at which a Garrett County Board of Realtors initiative for a state gas lease registry was introduced. Roughly 60 people attended the event at Garrett College, where a PowerPoint presentation prepared by the board was shown.

In November, the realtor board petitioned a governor-appointed commission studying shale gas development for a lease registry that would require all holders of leases to register them with the state. The lease registry would provide a way for buyers and sellers of real estate to easily learn details on mineral leases held on land adjacent to or near properties offered for sale.

More here.

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Local Lawmakers Scheduled Annual Prelegislative Mtg.

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Dec. 8, 2011

Sen. George Edwards and Del. Wendell Beitzel will hold their annual prelegislative forum on Saturday, Dec. 17, at 10 a.m. in the Garrett College Continuing Education Building, Rooms 205-207.

The local lawmakers encourage citizens to attend the event and make comments, ask questions, or offer suggestions for the upcoming General Assembly session in Annapolis.

Edwards and Beitzel will be available to discuss any questions pertaining to state issues or legislative matters.

More here.

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November 2011 Real Estate Market Update – Residential

29 properties sold in November 2011. Sales were up considerably from November 2010 (22 sales), but couldn’t hold pace with last month’s 36 home sales.

Let’s take a look at the rest of the stats:

There are 58 homes under contract right now (69 last month).

The average list vs. ORIGINAL sales price was 81.51% – (last month 83.89%).

The ADJUSTED list vs sale price was 90.56 (last month 90.35%).

The current # of active/for sale listings in MRIS (minus timeshares) is 712, down from last months 728. We have a 24.55 month supply of homes available (minus timeshares) based solely on the November sales numbers. (Last month was a 20.2 month supply).

Random observations:

•2 ‘newer’ homes sold in October (5 years old or less)

•It appears that 18 or so of these sales were vacation homes

•19 homes sold under $300,000 (last month was 19)

•19 homes sold under $400,000 (last month 25)

•3 homes sold over $ 1 million (0 last month)

•1 home sold for higher than full price or at full price (last month was 2)

•One house sold for 79.16% of asking price – 196 Main St

•The oldest home that sold was 112 yrs old (8736 George Washington Hwy)

•The average age of the homes that sold was 37 years (35 last month)

•4 condo/townhouse properties sold (7 last month)

Here are the statistical breakdowns:

Average Sale Price: $399,020 (last month $309,621)

Average Days on Market: 191/208 (last month 174/224) (days on market with current broker/total days on market)

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Month: December 2011

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

$1.9M Allocated For Jennings Randolph Lake Maintenance

GC Program Saving Lives…

Superintendent Waggoner Asks BOE To Consider Closing Schools

Commissioners Review Building Permitting, Assistance Prog., Economic Dev. Issues

County Residents Reminded To Buy Refuse Site Permit

Fracking Commission Wants To Make It Easier For Landowners To File Suit

Advocacy Group Seeks Legislation To Expand Energy-Leasing Protection

Local Lawmakers Scheduled Annual Prelegislative Mtg.

November 2011 Real Estate Market Update – Residential

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