letter to the editor – Jay's Real Estate Blog

Land use ordinance infringes on property rights

Cumberland Times-News

Dear Sirs:

I am a business owner and a Garrett County land owner. My quarry is located off Avilton-Lonaconing Road. My family has been in this business for generations providing all types of stones for schools, churches, playgrounds, home as well as gravel for road construction.

I have attended various meetings at the courthouse, and I must say that I failed to understand any sound reasoning behind the massive regulations that you have proposed.

The issue relating to windmills is on two pages; what about the other 83 pages of regulations? Who asked for these regulations and curbs on our property rights?

This is a fact that Garrett County is a poor county. It is no richer than when my dad was running our family quarry.

No new major construction is happening; no manufacturers are moving into our area, the county has no major development works planned. The only possibility is wind development and maybe gas drilling. The setback that you have proposed will kill any wind development in Garrett County just like it did in Allegany County.

The two operating wind projects on Backbone Mountain are paying about $1.9 million in personal property taxes in addition to $700,000 in real property taxes for year 2012. This revenue stream will continue for the next 30 years.

Additional wind development projects are proposed in Garrett County that could bring over $3 million a year in addition tax revenues per year. These wind projects will bring much needed construction jobs and the developers will be pumping millions into the local economy.

No wonder, in Pennsylvania and West Virginia, counties and boroughs are encouraging wind development.

In the previous commissioners’ meeting, I asked the question: Is there anything wrong with the operating wind mills that require you to ask for these setbacks? I did not get the answer from the commissioners.

We all heard the Clipper representative saying that most of Backbone mountain wind turbines would have been eliminated with your proposed setbacks.

Like the Backbone experience, why can’t we have the wind developers follow the prudent wind industry practices and work with neighboring property owners and follow the state safety and noises regulations?

From properties it is turbine height plus 10 feet, which is about 500 feet. From occupied structure it is about 1,000 feet. Why can we let the wind companies follow it as they did for the Backbone projects?

The remaining 83 pages of the land use ordinance draft is all an infringement on my property rights. I have a right to develop my property as I choose.

If windmills can be considered on my lands, I will embrace it besides providing gravel, stones and services for these projects. I fully support for construction work and jobs for our county residents. My neighbors will benefit too from the economic activities in the area and with additional taxes the county can continue functioning without eliminating of services and closing of schools.

I vote for total rejection and elimination of the proposed Land Use Management Ordinance — county wide zoning.

Jeremy Preston

Lonaconing

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Citizens already have shown opposition to this proposal

To the Editor: Cumberland Times-News

Please accept this correspondence in formal opposition to the draft of Zoning Ordinance: Garrett County Land Management Ordinance that has been proposed and shared for public comment.

After last year’s in-depth discussions concerning amending the comprehensive plan and after the overwhelming majority of public commentary, at that time, being opposed to this measure, we are deeply concerned that this issue has resurfaced.

In our opinion, the proposed zoning draft will have a negative impact on Garrett County. County-wide zoning is an issue that has been discussed and defeated many times in the past.

Our residents’ relative freedom in land use is a virtue that should be embraced and expanded upon. Zoning laws dictate how owners may and may not use their property. Zoning seeks to virtually control every aspect of a property’s use.

It is justifiable that zoning be criticized. Restrictions of zoning impose infringement upon and violate property owners’ rights to develop, use and maintain their land in the way they see fit. It easily strips property owner’s rights to unencumbered use of their land.

Zoning in this form is counterproductive to economic benefit and hinders development in our free economy.

This zoning draft is not limited to construction and development. It controls the smallest details and nuances of an owner’s use of his or her property. Where zoning is imposed, a property owner’s neighbors can have a greater say over a property than the owner! Zoning has a direct impact on everyone.

In limiting development opportunities, property owners are denied the right to lease their land for economic benefit. Thus, if zoning restrictions are enacted, property owners should rightfully be provided the compensation lost.

Maryland encompasses strict environmental controls and promotes green energy. The draft zoning ordinance seeks to undermine our state’s policies. Garrett County must be realistic about the volume of fiscal challenges ahead.

Our county has already realized economic benefit from the wind farm projects. With that said, it would not be fiscally or environmentally responsible for Garrett County to limit or stifle future development prospects.

We appreciate the opportunity to submit written comments. The majority of your constituents are not receptive to any further governmental intrusion.

Robert Spangler

Frostburg Road

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Garrett educators work hard for schools, communities

— As president of the Garrett County Education Association, representing more than 400 dedicated education employees here in Garrett County, I feel the need to address some concerns about the role of GCEA that have surfaced recently in with respect to fiscal crisis facing our school system. There are two basic misconceptions that need to be put to rest.

The first is that GCEA has in some way been a stumbling block or impediment in confronting the crisis our schools and communities are facing. Nothing could be further from the truth.

GCEA members stood side by side with members of the community in calling on the state General Assembly to pass Sen. Edwards’ and Delegate Beitzel’s loss limitation provision that would have prevented a massive cut in state education funding.

Our members testified in Annapolis twice for that measure, made hundreds of phone calls and sent hundreds of emails to support our delegation’s efforts to limit the state cuts to education funding.

GCEA members and their colleagues from across the state have partnered with other concerned community organizations and applied enough pressure to convince the governor to call a special session of the General Assembly where that loss limitation measure can be reconsidered. Our members take this action on top of what they already do for our students every day.

The second misconception is that employees of the Board of Education received any real raise in recent history. Those employees have received one step in the past four years and no cost of living adjustments and will receive neither again this year.

Our educators have forgone raises that were promised them for what will now be three of the last four years. As a result of the proposed layoffs, our members could see an increased workload with no increase in compensation.

When the two percent increase in pension contributions from last year is factored in, our members have in fact seen a reduction in their overall compensation.

The members and leadership of GCEA are realistic about the severe fiscal situation our county is in. Contrary to what has been portrayed by some, however, our members have made deep and very painful sacrifices. Our members have done their part for our students, schools and communities and will continue to do so.

We would ask that you join GCEA in acting to protect our schools by calling on our General Assembly to include the loss limitation measure for Garrett County in their budget proceedings in the upcoming special session so that we do not have to face the closure of our schools and layoffs of our dedicated education staff.

You can learn more by going to www.marylandeducators.org.

Kim Sanders, president

Garrett County Education Association

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Do like citizens do and live within your means

— Would we be better, not to read the newspaper each morning, would the storm pass?

Seems like every time you pickup the newspaper, the headlines read: “ Taxes to be raised on income, or property taxes to increase, or, gas taxes to increase, and on and on it goes.”

Will there never be no end to madness from our elected officials? They’ve reached the bottom of the well, and all they are going to find is dust. People all over are taxed out.

Sure politicians and millionaires can go for additional taxes, but what about the little people. People retired on fixed income. We have to eat and live too. Every time I go to the market, the prices have gone up from last week, and the week before. I say enough is enough! It’s time our elected officials learn to live within their means as we little people have to do.

Stop wasteful spending, and supporting programs that don’t feed the people. Today’s headlines for Garrett County was property taxes to be increased $70 on the property owners now paying $1,000 per year.

The county commissioners find themselves a little short to meet budget. Well, so do I from year to year, as my income keeps shrinking. Put it back on the shelf if you don’t have the means to pay for it. That’s how most Americans live, within their income.

That new Whitewater Sports Complex that was just purchased put a big dent in their proposed budget for the year. We don’t need more toys to play with. We need jobs for the residents to be able to pay bills, and put food on the table, not to mention to pay for health care for the elderly.

Bringing industry in the area, and creating new jobs will raise enough taxes to meet state budget. Also a flat tax across the board will produce enough tax money for all government to operate in the black. Why should the middle class bear all the burden to pay the bills? The working man has a hard time keeping money in his pocket with paying such high gasoline prices to commute to work each day.

Come on, politicians, give the people a break and do the job you were elected to do, on the promises you made when running for office. Bring our country back under control.

Stop wasteful spending and raising taxes all the time, and look for ways to build the economy elsewhere beside out of our pockets.

Bring industry back to the people, where they can earn a comfortable living, and the revenue in taxes paid would generate enough for funding projects needed in the state and the federal government.

It’s time for the politicians to start working together, and stop the feuding in government. Look out for the “Doomsday Budget,” special session called to set a budget for Maryland. Another storm is on the horizon. Hopefully not the “Perfect Storm.”

I’m sure we all have our own ideas as to how to make this a better state to live in, but who’s listening? Buckle up, citizens of Maryland, and America, the ride is going to get rougher!

Norm Fitzgerald

Bloomington

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More information needed before decision can be made

To the Editor: Cumberland Times-News

— I must agree that the prospect of raising taxes in Garrett County is of major concern to many citizens (“No more property tax hikes in Garrett County,” April 25 Times-News).

Furthermore, I agree that the proposed closure of Dennett Road and Kitzmiller schools is of particular concern to those whose children are affected by those closures. What I must disagree with is that wind turbines in Garrett County will pave the road to prosperity.

It seems obvious to me that Robert Spangler would have you believe that he is greatly concerned about the aforementioned issues as well as those citizens who are opposed to the wind turbines.

What he fails to tell you is that he does not live near those locations where wind turbines are proposed to be placed.

Therefore, he will not have to contend with the environmental impact issues involving wildlife, reduced homeowner property values, or personal intrusions such as vista, flicker or noise.

Moreover he fails to say that he owns a large chunk of land along Four Mile Ridge where many wind turbines are proposed to be placed.

He stresses the positive monetary impact such turbines will have on the county and its citizens through increased tax revenue and jobs. What he fails to tell you is the positive monetary impact these turbines will have on him through the leasing of “his” land to Synergics.

He criticizes the Garrett County commissioners for being “brain washed by few (sic) nay-sayers” since they are “proposing unreasonable setbacks and height restrictions for the wind mills.”

It seems to me that the commissioners are getting it right by proceeding with caution so that they can get it right the first time around.

The primary purpose of this letter is to get the whole story out on the table so that everyone can make an informed decision without being influenced by what appears to be a smoke screen.

Richard Wiggin

Frostburg

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It’s time for the commissioners to address education and jobs

To the Editor: Cumberland Times-News

— To the Honorable Commissioners:

You are to be commended for your efforts in dealing with issues affecting our county such as ASCI, CARC and zoning, to name a few. Now it’s time to address what really matters, educating our children and employing our citizens.

It’s become painfully obvious that elected officials such as Gov. Martin O’Malley and Sen. Michael Miller are more concerned with bipartisan politics and pet projects (i.e. off shore wind farms and Prince Georges county casinos), than with our needs.

In our time of crisis, they adjourned, with no consideration for Garrett County. Isn’t it curious that our county generates substantial tax revenues, much of which comes from nonresident sources, yet those funds are inequitably allocated elsewhere in the state? How is it justified that the teachers and administrators in our county are paid substantially less than those in other counties?

How is it justified that it’s Garrett County that must close its schools?

The children of Garrett County are just as important, and the teachers of Garrett County are just as talented and committed as those in other counties.

Until the elected officials down state rectify this crime, in a fair and objective manner, this is the only issue the commissioners need to address. We need our county leaders to lead, and elected officials to act.

Because of the fiscal responsibility of current and prior commissioners, the county has virtually no debt and enjoys a surplus of funds. It is important to be in this position for a “rainy day.”

Commissioners … it’s raining!

Don’t let the closing of schools and destruction of communities happen on your watch. Don’t let loss of jobs, hopes, and dreams be your legacy.

Prove that you genuinely have concern for the people of Garrett County that those in Annapolis clearly don’t.

You have the power and means to get this county through this crisis until times improve. Short-term inaction will surely result in long-term harm to our children and teachers.

Time is running out.

Katelyn O’Brien

Swanton

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No more property tax hikes in Garrett County

Cumberland Times-News

— It was with dismay that I read that Garrett County commissioners are discussing raising property taxes to handle the budget shortfall projected for next year.

In these dire times when the economy is bad and prices are rising, residents of Garrett County are already stretched thin and cannot afford a property tax increase.

Also, there is a proposed closure of Dennett Road and Kitzmiller elementary schools because of the short fall in the school budget which is disheartening for the Garrett County residents.

The two operating wind projects on Backbone Mountain are paying about $1.7 million per year in taxes to the coffers of Garrett County for the over 20 years. Additional wind development projects are proposed in Garrett County that could bring $2 to $3 million a year in addition tax revenues for the next 20 plus years.

Besides, these wind projects will bring much needed construction jobs and the developers will be pumping millions into the local economy. You can ask the Oakland area hotels and motels, gas stations, restaurants, fast foods and ice cream shops on Route 219 besides the concrete and stone suppliers, and construction equipment rentals.

These businesses can tell you what it was like during the Backbone mountain wind project construction in 2009 to 2011. We need to thank the previous commissioners that they had the foresight of supporting the development and construction of these two wind projects.

Instead of embracing wind development, the new Garrett County Commissioners are being brain washed by few nay-sayers in the name of aesthetics and are proposing unreasonable setbacks and height restrictions for the wind mills in the name of “Land Management Ordinance” and “Sensitive Areas Ordinance” which in actually amounts to county-wide zoning.

Everyone knows that, except for Deep Creak Lake and few other areas, any kind of zoning in the county will be vehemently opposed by majority of Garrett County property owners. All we have to do is to look towards our neighboring Allegany County, which adopted exactly the same ridiculous setbacks and height restrictions couple of years ago practically killing all wind development.

Now Allegany County is facing a budget shortfall of $3 million and facing cutbacks in services to the residents. Newly elected officials in Allegany County are realizing the loss and have recently negotiated a deal with the Somerset wind project across the border in Pennsylvania giving them transmission access which will bring in $14.5 million to the county and to the property owners over the next 10 years.

After the recent outcome of the Maryland General Assembly, where both Senate and House bills, seeking authority by Garrett County to enforce these setbacks and height restrictions for wind energy projects, failed in Annapolis.

Common sense begs to ask the questions: How can the legislature be expected to approve such bills that basically goes against the state law requiring 20 percent energy from renewable resources by year 2020?

I wonder if the county’s business experts ever bother to conduct any economic analysis to figure out the potential revenue losses by proposing these restrictions to kill potential wind development.

I believe in renewable energy. While the experts are studying the natural gas fracturing option for groundwater contamination from pumping chemicals in the ground, let us move forward with wind development in Garrett County.

Wind energy has none of the harmful emissions, is a clean and safe source of energy and wind turbines are generally quiet in operations.

For this reason, the American Lung Association uses windmills in their advertisement for clean energy. Wind development will help us avoid school closings, avoid reduced services and budget shortfalls. Let’s be smart and pro-business and support clean energy.

Robert Spangler

Frostburg

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They’re treating symptoms — not problems

After attending the Garrett County commissioners meeting to discuss possible school closings and aiding or taking over the Adventure Sports Center International, (ASCI) I am afraid we may be asking the wrong questions.

School closings are not in and of themselves the real problem at hand. They are a symptom of a larger problem; lack of enrollment and a dwindling local population in Garrett County.

Treating only the school closings would be like taking Advil for a headache when in fact you have a brain tumor.

The big question is why are people born and raised in Garrett County leaving? Why are more families not making the county their primary residence?

Improvements are being made, though I assume lack of jobs that offer a real salary is one problem. High property taxes present another.

Cost of living is nearly on par with the nicer areas of large cities or other recreational destinations. Complete lack of anything that caters only to locals and doesn’t have a large price tag attached could be another part of the equation.

When I was a student at Garrett College in 2002 the GEIC incubation center for small business had just opened. I, along with 15 others was part of an internship with a software firm from Frederick.

We were paid minimum wage and offered health insurance with promises of good salaried jobs right at home in Garrett County when we graduated and potential for some of our education to be paid for.

One year later they dumped all of us with the exception of two and made good on none of their promises. What was dressed up and masqueraded as opportunity for locals was nothing more than cheap labor for a small software firm full of bloated promises that ended up being lies.

We need real economic growth and opportunity for all Garrett County citizens; $7.50 per hour, no health insurance and often sub-par working conditions don’t cut it and certainly does not encourage local people to stick around.

Closing schools will just make the area less and less attractive for potential new residents. The college is overpopulated with students from out of the area and this has created a tough learning environment for local children.

In, “Field of Dreams” Kevin Costner’s character learned, “If you build it they will come.” Perhaps our elected representatives and private business people need to realize if you offer real opportunity people will come.

If you stop allowing local citizens to feel like second class, more people will come and more people will stay.

Jeremy Gosnell

Oakland

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Dennett Road is the best place for special needs children

To the Editor: Cumberland Times-News

I have three children in my home who attend Dennett Road Elementary School. One is a son in fourth grade who has done amazing there and received a wonderful education.
He is very involved in extra sports and they use the gym for practice often. He has excelled in math and science and loves the special evening workshops. I would love him to finish his last year in this school.
I also have a granddaughter in first grade, who spends most of her day in a special education classroom. She isn’t vocal and has cerebral palsy for which she uses a walker.
I have a disability advocate who has given me advice. I know I could request her to receive services at our home school (Crellin) and the board of education would have to provide it.
After her coming to Dennett Road, I believe the BOE has a great setup there for her and decided this was best for her education.
Dennett Road has two separate special education rooms, huge bathrooms, separate changing area, sensory room and all therapy in one place. To change something so well structured is a terrible injustice to kids who need structure the most.
My third child, a granddaughter, is in kindergarten. She isn’t vocal and has cerebral palsy. She is in special education only for one hour for speech and sign language. The rest of her day is regular classrooms.
She has done wonderful and deserves to be in the regular class, where she best fits in. Next year the BOE predictions say 30 kids in each first grade class at Yough Glades. I toured the school and desks for 30 kids would make it so tight she would be tripping over things, not handicap accessible at all.
Bathrooms are a big concern. As with most children with CP they are longer to toilet train. One tiny bathroom in the old Head Start class with no private area to change and clean them would be very embarrassing to them. They deserve to be treated with dignity and respect.
I am against closing Dennett Road School. I hope you will find a different solution and help not just the special need children but all the children in Garrett County. May God guide you in your decision.
Shari Ashby
Oakland

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Closing Dennett Road bad for special education students

To the Editor: Cumberland Times-News

I am disappointed that no mention has ever been made of the special education population at Dennett Road Elementary School.

I do not know if everyone knows that Dennett Road is the special education center for the entire southern end of Garrett County.

At Dennett Road, there are two large classrooms, a kitchen area to teach life skills, safe Time Out area, a private changing area for children who require this type of assistance, sensory room, handicapped equipped playgrounds, and ample handicapped equipped bathroom stalls and facilities separated into “Girls’” and “Boys’” bathrooms to serve the large number of students taught at this school.

The consolidation plan calls for these students to be shoved into two cramped classrooms at Yough Glades with NO private changing area, NO sensory room, NO safe time out area, NO kitchen skills and safety teaching area, NO handicapped equipped playground, and ONE toilet and sink (NOT Handicapped Equipped) to be shared by BOTH boys and girls.

I am sure that the staff of Yough Glades have good intentions and are highly qualified teachers, but their school is poorly designed, and will not allow for the inclusion of these students in the regular education setting, as they are included at Dennett Road.

This large special education population deserves better than to be shoved into a corner of leftover space in a building that doesn’t provide enough room for a walker to fit in a bathroom or in classrooms.

I recall one mother saying, at the Garrett County Board of Education meeting at Southern High School, “Just because my daughter is non-verbal, does not mean that she will not feel humiliated being changed in front of other students/adults. It does not mean that she will not feel hurt because she is not able to be included in activities because her walker doesn’t fit into the areas that the other students can access.”

I have dealt with similar situations during my wife’s life-ending illness. She was in a wheelchair for approximately ten years. Not having access to stores, restrooms, parks, etc. that non-handicapped people could access was humiliating and depressing.

Is this the message we really want to send to the special education students and their families? I think not. Send the right message. Make the only right decision. Keep Dennett Road Elementary School open.

Darrell DeWitt

Oakland

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Category: letter to the editor

Land use ordinance infringes on property rights

Citizens already have shown opposition to this proposal

Garrett educators work hard for schools, communities

Do like citizens do and live within your means

More information needed before decision can be made

It’s time for the commissioners to address education and jobs

No more property tax hikes in Garrett County

They’re treating symptoms — not problems

Dennett Road is the best place for special needs children

Closing Dennett Road bad for special education students

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