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Schools’ chief recommends denial of charter application

Riverside Academy would increase financial burden on school system

Elaine Blaisdell Cumberland Times-News

OAKLAND — Garrett County Superintendent of Schools Janet Wilson is recommending that the Board of Education deny an application for a proposed charter school in Kitzmiller. Six committees reviewed the application submitted by Kitzmiller Charter School Initiative Inc. and, for the most part, the analysis of the application yielded unfavorable recommendations, ac-cording to Wilson’s recommendation.

“I concur with the analysis and subsequent recommendations made by members of the six review committees,” Wilson wrote in her recommendation “Although my recommendation to deny the charter school application could stand alone, the addendum to this recommendation also ad-dresses the fiscal implications of granting the charter application during a period of declining student enrollment and unprecedented financial hardships for the Garrett County Public Schools.”

Wilson noted that granting the application for Riverside Academy would increase the financial burden on the school system as a whole and would result in the need of further school closings, student redistricting, reductions in force of staff and the continued inability to meet negotiated employee pay scales.

“What is clear and compelling is that there will be a significant impact to all Garrett County public schools and all students should Riverside Academy become a reality,” wrote Wilson.

Under Maryland law, a county board of education must fund a public charter school with an amount “that is commensurate with the amount disbursed to other public schools in the local jurisdiction,” according to the state Department of Education.

The doors to Dennett Road and Kitzmiller Elementary closed permanently in May of last year and Bloomington Elementary closed in 2011.

“These closures represent 20 percent of the 15 schools that served Garrett County in fiscal 2011,” Wilson wrote. “These closures, as well as corresponding reductions in force and other significant reductions or eliminations of programs, while painstakingly difficult for the elected Board of Education, were necessary to ensure the ability of the Board to continue to meet its obligations of providing a free quality education program to all children of Garrett County.”

The closing of Dennett Road and Kitzmiller elementary schools saved about $1 million and $279,000, respectively, helping to close a shortfall of $2 million.

The school board will vote on Wilson’s recommendation during a special meeting on Thursday at 7 p.m. at Southern Middle School.

To read the recommendation in it’s entirety, visit the BOE website at www.ga.k12. md.us.

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

Legislation would pave way for expansion of Garrett hospital

Groundbreaking on $23.5M project expected in spring

Matthew Bieniek Cumberland Times-News

OAKLAND — If bills introduced by Garrett County legislators become law, financing for expansion of Garrett County Memorial Hospital will be available at a lower interest rate than that obtainable by the hospital going it alone.

The legislation, sponsored by Sen. George Edwards and Delegate Wendell Beitzel, will allow county commissioners to borrow up to $15 million on behalf of the hospital by issuing bonds.

The county won’t be paying on the bonds though, said County Administrator Monty Pagenhardt.

The bank will pay bondholders directly.

“The hospital will pay back the entire amount,” Pagenhardt said.

The county will act as a conduit for the funding, allowing the loan to be “bank qualified” and backed by the full faith and credit of Garrett County, resulting in a lower interest rate.

“The county would be arranging for the financing of those bonds and, through the county, they could get the bonds at a much cheaper rate,” said Beitzel.

The hospital project includes a new four-story addition to the existing hospital with a focus on improvements to in-patient units and an additional 42,000 square feet of major renovations.

The total cost of the project is $23.5 million and includes a $15 million request from the county and $8.5 million in cash contributions and fundraising, hospital officials have said.

Groundbreaking is expected in the spring.

Garrett County requires the approval of the General Assembly to borrow large sums.

The money being borrowed for the hospital does not affect a separate bond authorization available to the county, said Pagenhardt.

Hearings on the bills are scheduled before the Senate Budget and Taxation Committee on Feb. 13 at 1 p.m. and before the House Appropriations committee on Feb. 12 at 1 p.m.

The hospital also continues to pay off two other bonds, one from 2004 in the amount of $1.4 million and one from 2007 in the amount of $3 million, Pagenhardt said. Those bonds also funded hospital improvements.

Contact Matthew Bieniek at mbieniek@times-news.com. Staff Writer Elaine Blaisdell also contributed to this story.

Garrett commissioners adopt watershed ordinance

Elaine Blaisdell Cumberland Times-News

OAKLAND —  Garrett County commissioners voted unanimously Tuesday to approve a  Department of Planning and Land Development recommendation to rectify a conflict in the Deep Creek Watershed Zoning ordinance.

“Apparently, there have been over the years a course of hundreds of text amendments that have been made to the Deep Creek zoning ordinance,” said Commissioner Jim Raley during a public meeting held Tuesday. “I don’t want to see us be inconsistent with state law. I don’t want to see us doing things that are procedurally incorrect.”

The purpose of the amendments is to change two sections to make the ordinance consistent with Land Use Article 66B.

“I also want to make it perfectly clear that I want a full review, to the extent possible, of any text amendment that comes before us,” said Raley. “Obviously, I know there still has to be a public hearing.”

Raley asked the planning commission to review his comments and see if procedurally something could be put into place place to add a small hurdle to a text amendment.

“I don’t want to see the text amendment becoming a substitute for something more comprehensive,” said Raley. “… it can be easier to go with a text amendment change than it would be with a full zoning amendment. I do see some future text amendments on the horizon that I think can be very substantive.”

Both Chairman Robert Gatto and Commissioner Gregan Crawford echoed Raley’s sentiments.

“This doesn’t mean we are going to rubber-stamp every text change that comes through,” said Crawford.

The commission also voted, with Crawford abstaining, to adopt the Deep Creek Lake Shoreline Stabilization Projects Incentive Program. Crawford said the decision should have been tabled until the results of Phase II of the Deep Creek Lake sediment study are known.

“Without knowing the results … we’re looking at what we could do up front,” said Raley.

The program is similar to the sprinkler incentive that was adopted by the commission several months ago. The program will provide a $1,600 incentive payment for construction of a structure for shoreline stabilization, according to John Nelson, director of Planning and Land Development. The incentive will be paid with carryover funds from last year.

“I think the intent of the Board of Commissioners wasn’t necessarily to try to come up with incentive to cover the cost of the permit fee but actually the cost of that construction,” said Nelson.

“The incentive requires full construction and requires that the structure pass inspections by the Maryland Department of the Environment and the Maryland Department of Natural Resources,” said Raley.

The program is for the current fiscal year and, thus far, eight to 10 applications have been made for shoreline stabilization projects, according to Nelson. The program will encourage people to stabilize the shoreline to protect it from further erosion and sedimentation that is caused by the surface of the lake, said Nelson.

The commission also voted to give $500 to the Northern High School agriculture department to grow grass for the shoreline project and to allow Southern High School to be included, if interested.

Commissioners expected to decide on Deep Creek watershed zoning amendments

Plans for proposed wind project to be reviewed

Elaine Blaisdell Cumberland Times-News

OAKLAND — The Garrett County commissioners will decide today whether or not to move forward with a planning commission’s recommendation to amend the Deep Creek Watershed Zoning Ordinance. During the recent circuit court hearing on Bill Meagher’s mini-marina, it was noted that there was a conflict in the ordinance and that some changes needed to be made.

“This conflict between the ordinance and the state statute was discovered during the current litigation involving the zoning text amendment for the boat rental service business approved earlier this year,” wrote John Nelson, director of Planning and Land Development, in a December letter to the commissioners. “The Planning Commission has concluded that the discrepancy should be rectified.”

The commissioners voted at the Jan. 8 meeting to hold the public comment period open and delay the decision until today.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC are suing the Garrett County Board of Zoning Appeals, county commissioners, Lakeside Commercial Properties LLC and William Meagher, owner of the Lakeside Creamery, in regard to previous amendments in the ordinance.

“Had the findings of fact been performed correctly and in a timely fashion, then the county would not be facing a lawsuit today,” wrote Carol Jacobs, president of Aquatic Center Inc. in a letter to the commissioners. “The findings of fact are required in every county in Maryland. If findings of fact had been performed prior to making a decision, in the mini-marina case, then the outcome might have been different.”

One of the proposed changes to the amendments would require the commissioners to make findings of fact that include present and future transportation patterns on the highway in the area where the purpose and effect of the proposed amendment is to change the zoning classification.

“The transportation pattern and the carrying capacity of the lake should have been studied,” wrote Jacobs.  “The transportation pattern and accidents on Garrett Highway should have been evaluated. Public safety is now at risk.”

Aquatic Center Inc., Bills Marine Service Inc., Deep Creek Lake Enterprises Inc., Silver Tree Marine LLC and St. Moritz Properties LLC filed a petition for a judicial review of the county’s decision to amend text in the Deep Creek Watershed Zoning Ordinance for boat rentals. The mini-marina doesn’t offer any of the services associated with a marina. During a hearing in December in circuit court, Judge Jim Sherbin dismissed the judicial review. Also during the hearing a declaratory judgment and an administrative agency appeal were consolidated and a hearing was set for March 29.

Also on the agenda for today’s meeting, the Department of Planning and Land Development will hold a county review of concept and site development plan of the proposed Fourmile Ridge wind project in eastern Garrett County near Frostburg. Synergics has submitted both a concept plan and site development plan.

Both plans are part of the county’s stormwater management ordinance process, which requires three phases of submission.

On Jan. 14, Synergics Wind Energy LLC and Fourmile Wind Energy LLC filed a request for a waiver of a Certificate of Public Convenience and Necessity requirements for a tap line to serve the project, according to a Maryland Public Service Commission filing. Synergics is requesting the waiver be granted by April 1 to allow construction to begin immediately on the line.

Also on the agenda the Department of Public Utilities will provide a review of the western conveyance water and wastewater; approval of the Garrett County Hazard Mitigation Plan; and adoption of the Deep Creek Lake Shoreline Stabilization Projects Incentive Program policy.

The meeting will take place at 11 a.m. in Room 207 in the Courthouse.

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

Garrett County plans new facility at business park

Commissioners sign off on block grant application

Elaine Blaisdell Cumberland Times-News

OAKLAND — The Garrett County commissioners ap-proved the signing of documents regarding an application for a Keysers Ridge Business Park creation project during a public hearing earlier this week.

The application through the Maryland Department of Housing and Community Development Block Grant program will provide $625,000 for new construction for job creation at the park, according to Frank Shap, acting director of the Department of Economic Development.

“The CDBG funds are available for the restricted use of job creation,” said Shap. “The $3 million project requires matching funds that will assist in the construction of a new 10,000-square-foot facility for a business to locate at Keysers Ridge park.”

The park has 224 available acres, according to the Economic Development website.

The CDBG program is a federally sponsored program designed to assist units of general local government with activities directed toward neighborhood and housing revitalization, economic development and improved community facilities and services.

Maryland’s program is administered by the Department of Housing and Community Development, in close cooperation with the Department of Business and Economic Development.

Also during the commission meeting, the board announced the appointment of Michael Koch, co-owner and board president of FireFly Farms, as the director of the Department of Economic Development. Koch replaces Jim Hinebaugh, who retired in September.

“We made a decision to move forward and form a committee in search of a replacement,” said commission chairman Robert Gatto. “It was a good process; we had an excellent committee. We had a good turnout of applicants. Many applicants were qualified and they (the committee) had a tough time making a decision.”

Koch thanked the commissioners; Monty Pagenhardt, county administrator; the economic development team and Hinebaugh for their work.

“I’m very pleased and honored to be joining the economic development team,” said Koch. “I want to commit to you all that I will use all my talents, energies, creativity as well as my business and personal network to these ends: Grow the size, diversity and health of the Garrett County economy.”

Koch said that he and the economic development team will have a threefold focus, which will include working to grow county business; working with the Chamber of Commerce to grow existing businesses and to attract new businesses; and working to develop new and enhanced county infrastructure and to increase county tourism.

“We’ll work to ensure that Garrett County secures its place as a regionally and nationally renowned destination,” said Koch. “We’ll be as transparent as the lawyers allow us to be with our community and do everything we can to encourage engagement and collaboration.”

Koch also plans on targeting specific business sectors that are aligned with the county’s assets and interests and leveraging the work of the ongoing county branding study.

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

Wisp Resort Completes Sale

At the end of December, EPR Properties finalized their purchase of the Wisp Ski Resort. EPR Properties is a real estate investment trust (REIT) that owns several other ski areas. EPR has partnered with Everbright Pacific, an affiliate of Pacific Group, to run and manage the entire resort.

Wisp General Manager Tim Prather and his team will remain in their current positions which will provide successful and experienced management to the resort going forward. Pacific Group will bring its operations and development experience from ski and golf resorts in New England, Canada, and throughout the West to help Wisp as it expands its on-mountain services and associated amenities.

Several improvements are planned to the resort over the next several years with most of the concentration being focused at the mountain’s base.

An unrelated real estate company purchased most of the other undeveloped land atop Marsh Mountain including the Lodestone Golf Course and some of the existing subdivisions.

This news is good for all real estate owners in the Deep Creek Lake and Wisp area as questions of the resort’s future are now answered in a most positive way. As the area’s leading real estate company we can assist with all your real estate needs.

More here.

Garrett marinas case heads back to court

Deep Creek Lake businesses file appeal

Elaine Blaisdell Cumberland Times-News

OAKLAND — The mini-marinas case will go back to Garrett County Circuit Court with a hearing scheduled for March 29. Two cases, a declaratory judgment and an administrative agency appeal were consolidated during a hearing Dec. 10.

Also during the recent hearing, a judicial review of the Garrett County Board of Commissioners decision to amend text in the Deep Creek Watershed Zoning Ordinance was dismissed.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC are suing the defendants of the Garrett County Board of Zoning Appeals, the commissioners, Lakeside Commercial Properties LLC and William Meagher, owner of the Lakeside Creamery. The declaratory judgment will terminate the controversy between the businesses, according to the complaint document for declaratory judgment.

Each of the businesses owns and operates a marina in accordance with the ordinance, which requires a minimum lot of two acres for both a marina and a boat launch, according to the document. The minimum land area requirements in the ordinance are 10,000 square feet, but Meagher’s property is only 9,204 square feet, according to the document.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC have also filed an interpretive appeal in opposition of the Board of Zoning Appeals’ decision in June to grant Meagher’s request for a boat rental permit.

The appeal states that, “the granting of the permit affects spot zoning and thereby denies equal protection and due process to other owners of property in the neighborhood.” The appeal also states that “granting of the permit will result in damage to the fair-market value of the other properties in the neighborhood.”

During the December hearing, the motion to dismiss the judicial review was based on the fact that the text amendment was not considered spot zoning, applying to just one small area of land. It was instead determined to be comprehensive zoning, applying to all land.

“The change in the text ordinance applies to every parcel at the lake, not just one parcel,” County Attorney Gorman Getty III said during the December hearing. “This is not spot zoning.”

Meagher planned to offer 12 personal water crafts and four pontoon boats as rentals as well as offer guided tours. He would use local marinas for services.

“We didn’t want to do sales. We didn’t want to do repairs. We didn’t want to do a lot of the things that the marina does,” said Mea-gher during the public hearing. “The only thing we wanted to do was a boat rental business.”

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

Adventure Sports Center expected to break even

Elaine Blaisdell Cumberland Times-News

OAKLAND — Garrett County’s Adventure Sports Center International will break even for the year, according to Scott Weeks, county assistant director of financial services, and the county was able to save some money.

As of Dec. 31, Weeks is projecting a revenue of about $772,000 and expenses of $745,000 with a net income of roughly $28,000. For 2011, ASCI was at a net loss of about $151,000 — revenue was about $784,000 and expenses were $935,000.

The county was able to see the increase in net income because of reductions, according to Weeks.

“We had a decrease in our salary and fringes of $105,000,” said Weeks during the county commission meeting Tuesday. “We reduced some of the staffing there. We have been able to stabilize the operations and see a positive cash flow in the organization.”

The utilities cost for ASCI decreased by $40,000, of which $25,000 was for electric. Legal and professionals services as well as repair and maintenance were decreased by $19,000, according to Weeks.

The county agreed to purchase ASCI’s debt for $600,000 in March; the debt was $3.2 million and had about $180,00 in accrued interest, according to Weeks. All of ASCI’s payables flow through the county and they operate under the county’s internal control structure now, said Weeks.

“We got all that for $600,000,” said Weeks. “Before we purchased their debt, they were ready to come back to us and say, ‘We need $50,000.’ As of today, ASCI will owe the taxpayers $692,000.”

The commissioners agreed to pay $100,000 toward the ASCI debt with the money garnered from an increase in the hotel tax rate. At a meeting in May, commissioners voted to increase the hotel tax rate from 5 percent to 6 percent effective July 1. That increase generated roughly $300,000, according to Weeks.

“We are making progress on getting paid back,” said Weeks. “We have positive cash flow.”

An accounting change had to be made because ASCI was on a calendar year and the county operates on a fiscal year from July through June 30.

“So we made an accounting change and switched them (ASCI) over to a June 30 fiscal year,” said Weeks. “When I give a comparison, I have a June 30 audited figure that auditors are finalizing this week. The last thing I have for ASCI is December 31, 2011, audited financials. What I’m doing today, I took January and am projecting out where we are going to finish in December.”

In 2009, ASCI requested a $300,000 line of credit from the commissioners because it was unable to make cash flow, according to Weeks.

“They took out $50,000 in June of 2009,” said Weeks. “Then in February 26, 2010, they took out another $100,000. It was an interest-free loan and they were paying it back over a 10-year period.”

ASCI did make a $50,000 payment back to the county and in January 2012 asked the commissioners for another $50,000.

This year, ASCI served 10,436 rafters and last year served 10,431, according to Michael Logsdon, acting director of ASCI. ASCI employed 93 people in 2012, most of whom were guide staff comprised of high school and college students.

Since 2007, ASCI has employed 600 seasonal employees and served more than 66,7000 guests.

“Staffing is a concern because that’s a big expense item,” said Logsdon. “We have been really trying to make sure that we are staffed properly and not overly staffed or underly staffed.”

Total payroll was $300,000 for calendar year 2012, according to Weeks.

ASCI and Garrett College staff are working to formulate a three-year strategic plan from 2013 to 2015. The plan will address critical areas such as education, ASCI facilities, business growth, strategic alliances, community service, business sustainability  and conservation of resources, according to Logsdon.

“We have to enhance what we do up here; it’s sort of been a one-trick pony,” said Logsdon, who noted that  plans include hydrodynamic learning stations and a giant swing.

People are mostly coming into the area for other reasons, according to Logsdon.

“They probably didn’t come here just to take a two-hour rafting trip,” said Logsdon. “We are trying to figure out where they are coming from and we want to diversify the product line so they have something to do at ASCI besides ride the raft.”

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

Judge dismisses Garrett marina complaint

Elaine Blaisdell Cumberland Times-News

OAKLAND — An attempt to have a Garrett County marina decision overturned was dismissed Monday by Circuit Court Judge Jim Sherbin.

Sherbin granted a request by County Attorney Gorman Getty III to dismiss the action. St. Moitz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC had sought a judicial review of the county’s decision to amend text in the Deep Creek Watershed Zoning Ordinance.

The ammendment to the zoning ordinance allows Bill Meagher, owner of the Lakeside Creamery, to create a mini-marina for boat rentals, according to attorney Greg Skidmore of  Skidmore, Alderson and Duncan of Oakland, who represented the marinas.

The decision whether or not to grant the motion to dismiss came down to whether or not the text amendment was considered spot zoning, applying to just one small area of land  or comprehensive zoning, applying all land.

Both Sherbin and Getty agreed that the amendment pertained to comprehensive zoning.

“The change in the text ordinance applies to every parcel at the lake, not just one parcel,” said Getty. “This is not spot zoning.”

The commissioners followed the correct procedures in making the text amendment to the ordinance, by providing a study, holding a public hearing, soliciting public comment and by obtaining a recommendation from the planning commission, according to Sherbin.

“It would be different if the commissioners made this decision during a private meeting,” said Sherbin.

Skidmore argued that the amendment to the ordinance pertained to spot zoning and in particular Meagher’s property.

Meagher petitioned the Deep Creek Watershed Board of Zoning Appeals for a variance to the ordinance and then, about a month later, before a conclusion could be reached, withdrew his petition, according to Skidmore.

Meagher then took his request to the commissioners and a public hearing was held and the public comment period was extended.

During a June 5 meeting, upon the suggestion of the planning commission, county commissioners approved the text amendment to the ordinance to add a new category for boat rentals as a separate service that would not offer any of the other services associated with a marina.

Commissioners Gregan Crawford and Robert Gatto voted in favor of the amendment, with chairman Jim Raley opposing it.

During a May public hearing, Raley said he had concerns about Meagher’s decision not to offer services on-site.

Sherbin also granted Skidmore’s request to consolidate two separate appeals pertaining to the mini-marina.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC  have also filed a interpretive appeal in opposition of the zoning administration’s decision in June to grant Meagher’s request for a boat rental permit.

Meagher planned to offer 12 personal water crafts and four pontoon boats as rentals as well as offer guided tours. He would use local marinas for services.

“We didn’t want to do sales. We didn’t want to do repairs. We didn’t want to do a lot of the things that the marina does,” said Meagher during the public hearing. “The only thing we wanted to do was a boat rental business.”

The aforementioned businesses filed the petition because they felt like they have been “specially and adversely affected” by the commissioners’ decision, according to the petition.

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