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Deep Creek Lake builder says lawsuit affecting businesses

Mortimer hopes to soon reopen Santa Fe Grille

Elaine BlaisdellCumberland Times-News

MCHENRY — An ongoing lawsuit with a building materials and services supplier company has affected operations of the Santa Fe Grille and the Dairy Queen Chill and Grill in Oakland, according to owner Greg Mortimer.

“All my businesses have been tremendously affected. That said, I would never have made it this far without the support of those I have done business with all these years, the homeowners and the tremendous community of Deep Creek Lake and Oakland,” said Mortimer.

Deep Creek Brewing Co. LLC, also known as the trade name Santa Fe Grille, was forfeited by the Maryland Department of Labor, Licensing and Regulation on Oct. 1, according to the Maryland Department of Assessments & Taxation.

The Santa Fe Grille, which closed Jan. 7, will hopefully reopen in two weeks, according to Mortimer.

The lawsuit with the building supplier began in April 2011 when the company sued Mortimer in the Allegheny County (Pa.) Court of Common Pleas for $60,000 in unpaid labor and supplies. Mortimer withheld partial payment due to claims that the company performed shoddy work, which led to leaky roofs at Cedar Creek and Timberlake Village, both located at Deep Creek Lake. Cedar Creek was condemned in 2010 and Mortimer withheld payment to the company for that project.

The company designed, engineered and built roof trusses in 2008 for four villas in Cedar Creek and for three buildings (six villas) at Timberlake.

“They (roof trusses) were engineered wrong, causing excessive ice-damming and interior leaking at both Cedar Creek and Timberlake,” said Mortimer.

The supplier was responsible for the entire shell of the buildings, including the foundation, framing, windows, siding and roofs, according to Mortimer. The company was also responsible for supervision, labor and all materials.

Mortimer filed a countersuit against the company for $16 million in U.S. District Court for the Western District of Pennsylvania claiming that the work done in 2008 ruined his real estate business.

“These construction defects have prevented M&M from selling the constructed properties greatly tarnished Mortimer Builder’s reputation and also pose safety and health problems for homeowners living in these defective units,” said Mortimer.

The units can’t be sold until repairs have been made and no work has been completed on the units since the conflict began, according to Bill Weissgerber Jr., associate broker and owner of Railey Realty, who is the listing agent for the units.

“This issue needs to be resolved so that the affected unit owners can have their units repaired once and for all,” said Weissgerber.

Weissgerber has worked with Mortimer for more than 15 years and said that prior construction projects by Mortimer were generally free from major issues.

“He (Mortimer) and his partner have been working hard over the past three years with the primary goal of getting the damaged units repaired and complete construction on remaining units that are partially finished,” said Weissgerber. “It’s a shame that the legal system allows things like this to drag out.”

M&M Development, LLC, which Mortimer owned along with William Meagher, purchased property in Garrett County for Timberlake and Cedar Creek. Prior to 2008, Mortimer Building performed all the construction work at his projects. Mortimer began building in 1997 and has built more than 150 homes and three commercial buildings. Prior to the lawsuit, his last two houses sold for $3.5 million and $1.6 million.

Mortimer is not currently developing and is still engaged in an ongoing lawsuit with the company.

In 2010, the company offered to buy Cedar Creek for $750,000 with a $350,000 line of credit for Mortimer Builders to fix and finish the damaged units, according to Mortimer. The deal was rejected by M&M because it would have left a $350,000 deficiency note, said Mortimer.

“I am determined to secure a settlement that repairs the damage to the homeowners, community and my businesses,” Mortimer said.

In 2012, Branch Banking and Trust (BB&T) filed a third-party complaint against the company claiming defective work, engineering and negligence. BB&T later withdrew the complaint, according to Mortimer.

Contact Elaine Blaisdell at eblaisdell@times-news.com.

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Bill would aid school districts with declining student numbers

Legislation requested by Allegany, Garrett boards of education

Matthew BieniekCumberland Times-News

CUMBERLAND — Bills aimed to help school districts in areas with declining student populations, like Garrett County, are being considered by the General Assembly.

The importance of the bills is that they would automatically provide funding rather than forcing local representatives to fight for special appropriations every year, said Del. Wendell Beitzel. In the past few years, districts with declining populations have been hit hard by the state’s school funding formula, contributing to school closures in Garrett County.

Beitzel has introduced House Bill 814 and Sen. George Edwards has introduced companion Senate Bill 534. A bill to help with the issue was requested by members of the Allegany and Garrett County boards of education at a December meeting with legislators before the General Assembly session began.

“The bill would not help Allegany County at this point, but would help Kent County, among others,” Beitzel said, assessing the statewide nature of the proposed legislation. Garrett County has lost about 18.5 percent of its budget in the last four years due in part to a loss of student enrollment, officials said.

For the last five years Garrett County will have the largest decrease in student enrollment, in terms of a percentage loss, across the state, Larry McKenzie, director of finance for the Garrett school system, said recently. Since 2009, the Garrett board has lost $4.5 million and is anticipating losing $1.5 million this year.

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New state discipline guidelines could have big financial impact on Garrett County schools

From Staff Reports

Cumberland Times-News

OAKLAND — New student discipline regulations recently adopted by the Maryland State Board of Education may have a $200,000 to $250,000 impact on the Garrett County school system, according to Jim Morris, supervisor of Research, Evaluation and Information.

“At this point, we are just beginning to determine how our local jurisdiction will respond in order to comply with these new regulations and several questions remain to be answered and clarified,” said Morris. “Certainly GCPS (Garrett County Public Schools) will have to revise the discipline and associated policies to be compliant with the state board’s new discipline regulations.”

The regulations require local school systems to adopt policies that reduce all suspensions and expulsions of students; eliminate any disproportionate or discrepant expulsions or suspensions of students; and meet additional reporting and timeline requirements. Expulsions would only be permitted when a student poses an imminent threat of serious harm to other students or staff, according to Morris.

Extended suspension (longer than 10 days) would be permitted when a student has engaged in chronic or extreme disruptive behavior. The aforementioned discipline responses along with both short- and long-term suspensions will require that the school system provides both comparable educational services and behavioral support services as well as counseling during the period of the expulsion and/or suspension.

Currently 22 of 24 school systems within the state have alternative education sites that could provide these services but Garrett County doesn’t have one, according to Morris. The school system will likely be required to create alternative placement sites for students who require an alternative education program outside of their school.

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Gun-rights advocates rally at Maryland capitol, vowing continued fight against tough new law

By , Published: February 4 E-mail the writer

Several hundred gun-rights supporters rallied in a defiant spirit outside the Maryland State House on Tuesday, with some making fiery calls to repeal last year’s tough new gun-control law.

“We’re not out here watering the liberty tree yet, but it’s parched,” Del. Michael D. Smigiel, Sr. (R-Cecil) told the crowd, referring to Thomas Jefferson’s remark that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Smigiel also led the crowd through a recitation of the Second Amendment and celebrated vows by some sheriffs around the country, including Garrett County’s, not to enforce gun laws they see as unconstitutional.

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Public hearing on wind farm in Deep Creek watershed delayed

From Staff Reports

Cumberland Times-News

DEEP CREEK LAKE — The public hearing scheduled for Wednesday for Messenger Limited Partnership’s request to the Garrett County Planning Commission to amend the Deep Creek watershed zoning ordinance to allow a wind farm in the rural resource zoning district has been rescheduled.

During a meeting Jan. 8, the planning commission voted unanimously to postpone the public hearing and rescheduleit for March 5 to allow the applicant more time to assemble information concerning the sound, wildlife impact and the appearance of the proposed wind turbines, according to minutes from the meeting. Planning commissioner Jeff Messenger recused himself from the vote as a landowner involved in the proposed project.

The commission also requested aesthetic views from different perspectives around the area and also raised questions about Maryland Public Service Commission requirements for an application for the wind turbines. During a commission meeting in December, Eric Robison, a member of the Deep Creek Lake Watershed Planning Steering Committee, questioned if Ogin (previously FloDesign) had applied to the PSC for a wind turbine certification for generating power. Lars Dorr, director of business development with Ogin Energy in Waltham, Mass., indicated he wasn’t aware of that requirement.

During the Jan. 8 meeting, Messenger stated that he will ensure that Ogin has the information to answer any questions that may arise at the public hearing. It is up to the developer to assume the risk of being able to comply with any state or federal regulations regarding wind turbines, according to Messenger.

Commission chairman Troy Ellington indicated that the Property Owners’ Association and other groups might have questions and concerns about the proposed turbines and the amendment to the zoning ordinance. The POA plans on attending the public hearing and presenting a paper opposing the proposed amendment, according to president Bob Hoffman.

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Garrett County sheriff names Jamie Friend as Deputy of the Year

Jay’s note: Jamie Friend is one of my best friends and he is a true hero! Incredible person, awesome father/husband and just a salt of the earth guy. And he’s a Marine 🙂

From Staff Reports

Associated Press

OAKLAND — Garrett County Sheriff Rob Corley has announced that Deputy First Class Jamie Friend has been named as his 2013 Deputy of the Year.

Each year, the Elks Lodge hosts a celebration to recognize various community members, students, law enforcement and fire and emergency medical service professionals who exceed their daily duties.

Corley selected Friend, a seven-year veteran of the department, as his honoree representative to the Elks Lodge based on Friend’s outstanding work ethic and commitment to public safety.

The sheriff also announced the promotion of various deputies, in-cluding Capt. Chris Helbig (patrol); Lt. Daniel Duggan (judicial); Lt. Clark Warnick (school resource); Sgt. Aaron Wilson (patrol); Sgt. Erik Geroski (patrol); Cpl. Dave McLaughlin (judicial); and Cpl. Dave Teet (investigations).

Also during 2013, numerous deputies were awarded by the Maryland Highway Safety Office for their outstanding work in traffic enforcement. Deputies First Class Colt Ruby and Adam Rounds were awarded the Smooth Operator Award in October for their dedication to traffic enforcement.

Friend and Deputies First Class Curtis O’Neal and Brad Palmer were awarded the DUI Enforcement Award in October for their efforts in drunken driving arrests.

Friend was also awarded the Purple Star and Medal of Valor from the National Sheriff’s Association. Rounds and Deputy First Class Nat Bittinger were also recognized by the NSA, each with a Medal of Valor award. All three deputies were recognized by the NSA for their bravery after Friend was stabbed during an incident at a local housing complex in November. Rounds and Bittinger were on the scene and assisted with the call.

Corley also said that Bittinger and Deputies Dustin Lewis and  Bryan Ridder graduated from the police academy in July. Lewis previously was a dispatcher at the Garrett County 911 center and Ridder and Bittinger were correctional officers in the Garrett County Detention Center prior to be-coming deputies.

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