Poolesville Man Dies in Storm-Related Accident Open Up, Dr
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June 26, 2015 A Biweekly Newspaper June 26, 2015 • Volume XI, Number 7 Poolesville Man Dies in Storm-Related Accident Open up, Dr. Pike—this won’t hurt a bit. Pike & Valega, DDS’s customer By John Clayton appreciation event was a hit. More Elmer Frohlich of Poolesville was trical lines down on the vehicle. The events are in the Family Album on pronounced dead at the scene of a Emergency Communications Center page 2. single-vehicle collision on the evening (9-1-1) received a call for the single- of June 23. The incident occurred at vehicle collision and emergency per- about 8:30 p.m. on Darnestown Road sonnel responded. According to news (Route 28) in the vicinity of Cattail reports, Frohlich was unresponsive Road. Frohlich was the only occupant when help arrived. of the vehicle. Frohlich and his wife Nancy A preliminary investigation by are longtime residents of Poolesville detectives from the Montgomery and members of St. Peter’s Episco- County Police Department Collision pal Church. The Monocle will print a Reconstruction Unit (CRU) revealed more detailed article on his life in our that Frohlich’s 2003 Chevrolet S-10 next issue. Funeral details were not pickup truck was traveling east on available as we went to press. Darnestown Road. Storms had re- Detectives continue to investigate cently swept through the area and a this collision. Anyone who witnessed tree had fallen in the roadway in the this collision is asked to contact the Bob Mallasch of Bob’s Bikes was area of Cattail Road. The pickup truck Collision Reconstruction Unit at honored the blue bin is a clue. Read struck the downed tree and apparent- 240-773-6620. Callers may remain Elmer Henry Frohlich Tidbits on page 11. ly a power pole, which brought elec- anonymous. Police and Relatives Gather to Remember Local Hero By Jack Toomey This month marks the eighty- second anniversary of the death of Police Officer Webb Hersperger. On the anniversary of his death, several active duty officers and retired officers gathered at his gravesite at Monocacy Cemetery to honor his memory and to reflect on his life. The group was Senior Dennis Wang led the Falcons honored to have Officer Hersperger’s to a great season. See Youth Sports son, Dr. Webb Hersperger, Jr., from on page 12. Carlisle, Pennsylvania, in attendance. The following is reprinted from the June 27, 2008 issue of the Monocle with a few changes to reflect more recent information. Dr. Webb Hersperger, Jr. spoke at the vigil for On the morning of June 18, 1933, his father at Monocacy Cemetery. Police Officer Hersperger left his home on the Dr. Elijah White farm in Pool- limit, but the day promised to be a headquarters was a system of blue esville where he and his wife Virginia slow one since it was Sunday. lights mounted on telephone poles rented a small house. As he drove his As was his habit, he planned placed around the county. Whenever police motorcycle down the Rockville- to stop at the courthouse at Rock- an officer was needed, a blue light Darnestown Road, he looked forward ville and visit the magistrate to pick was lit on one of the poles, and the to a day of policing the still-rural area up any subpoenas or warrants that officer would then find a telephone from Bethesda to Rockville. He might might have been issued overnight and call headquarters to see where he Family fun, food, inflatables, and investigate a chicken theft or two or before heading down the Rockville was needed. music at the PES annual carnival. keep a lookout for drivers from Wash- Pike to the Bethesda substation. His More pictures are on page 15. ington who tended to exceed the speed only means of communication with Continued on page 17. Page 2 The Monocacy Monocle June 26, 2015 Family Album Mocha (right), owned by Stuart LaGrice, was selected as the Best in Show at thePark Bark contest. in the The Weaver family brought their matching set to the Bark in the Park Friday on the Commons event. The winning dogs at the Bark in the Park Event. Girls Scouts Charlotte Vogel and Julia Lyons placed pet bag dispensers at town parks to help keep them, shall we say, fresh? Members of the Poolesville Area Chamber of Commerce were hosted by the Madison House Autism Foundation at Madison Field Farm in Dickerson. Sam “The Man” Hardwick of Poolesville, a member of the Frederick Challenger Baseball League, went to bat against the Frederick Keys. The league is made up of young athletes with disabilities. Introduction to PAA’s youth football camp was held at Whalen Commons. Kindergarten awaits the 2015 pre-school graduating class of Little Learner Child Care: Alan Altamirano- Gomez, Lela Eyler, Addison Hagen, Charlotte Hofmann, Elizabeth Kinney, Victoria McGuire, Tanae Torry and Madeline Weaver. PBA’s summer camp wrapped up at Poolesville Baptist Church. June 26, 2015 The Monocacy Monocle Page 3 Local News situation where one resident decid- ed to take it upon himself to engage the town in what turned out to be a Circuit Court frivolous and ultimately expensive (to our hard-working tax-paying Rules in Favor community) legal engagement for no apparent reason. Of Poolesville “While I’m gratified and thank- By Rande Davis ful the court found his case to have On June 18, 2015, Judge Gary no merit or standing whatsoever, E. Bair of the Montgomery County I think it’s a shame we had to use Circuit Court ruled in favor of the town resources to defend our Mary- Maryland Department of the Environ- land Department of the Environ- ment (MDE) in a legal petition brought ment-approved wastewater treat- against it by Poolesville resident ment discharge permit, which was Conrad P. Potemra. MDE was repre- also co-defended by the MDE in this sented by Assistant Attorney General action. Paul N. De Santis and Jack A. Gullo, “While we always appreciate Jr., Esq. on behalf of the Town of resident input, in my opinion, this har- Poolesville. kens back to the bad old days when a Potemra maintained that MDE’s select few private citizens with per- decision to reissue a Discharge Permit sonal motives felt they had the right to for the town’s wastewater plant on disrupt and circumvent the hard work May 5, 2014 was in violation of fed- of town staff and the professionals we eral law because it did not contain a rely on to provide solid infrastructure requirement for a thirty-day aver- support to the town. age removal efficiency rate of eighty- “In the end, I’m thankful our five percent of Biochemical Oxygen town attorney and the attorneys for Demand (BOD5). the MDE were able to prove that our The attorney for MDE asked the infrastructure policies and directions court’s dismissal of the case because, are sound and safe for our residents. one, Mr. Potemra lacked legal stand- Time to move forward.” ing in objecting to the reissuance of Potemra responded to Brown’s the permit; two, the legal doctrine of comments as follows: “I would res judicata (a matter that has already have to admit that I am very disap- been adjudicated by a competent pointed on many fronts with the out- court and may not be pursued further come of the Judicial Review. First, by the same parties) applies to Mr. it should be made clear that my Potemra; and that, three, MDE does actions were against MDE, the issuer have the authority to impose more of the permit and NOT against the stringent restrictions than federal law Town of Poolesville. I never could requires. figure out why they got involved. The court ruled that Potemra’s I felt all the heavy lifting was done claim of legal standing failed to show by MDE. any “concrete injury” that would The disappointment continues as establish standing. the Clean Water Act clearly requires The court further stated that the a measurement of 85% removal of petition was denied since “the peti- pollutants as measured BEFORE the tioner’s current claim is substantially treatment process begins to ensure that identical to his May 12, 2004 case; rainwater and ground water are NOT therefore, he is barred under the doc- diluting the output stream to meet trine of res judicata.” Judge Bair went permit requirements. Even worse, it on to note that “even if the Petitioner turns out that Maryland is one of the had standing and was not barred by very few states in the entire United the doctrine of res judicata, there is States that does not comply with the substantial evidence to support the of 85% removal requirement, a Federal MDE’s factual findings and there was mandate. no error of law” by the state. Bair Further concerns were that most observed that “MDE met all state of the efforts by MDE were focused and federal water quality standards on various legal maneuverings to and exceeded federal standards, the avoid the basic issue of compliance Permit issue was not in violation of with the Clean Water Act. The Town federal or state law.” Federal law of Poolesville Waste Water Treat- allows states to impose more strin- ment Plant has come a long way gent standards than is required by since I first got involved in 1987 due federal law. to Consent orders and long stand- Jim Brown, president of the town ing discussions with MDE officials commission, responded to the court’s as we worked to resolve the myriad ruling: “This was an unfortunate of issues.” Page 4 The Monocacy Monocle June 26, 2015 Sons and Daughters of Confederates Commentary want to honor the military service of their ancestors, but this always seems to involve some revisionist history- A Tipping Point scrubbing about state’s rights and all that.