Ethics complaint filed against commission chairman
Elaine Blaisdell
OAKLAND — Carol Jacobs, president of Aquatic Center Inc. in McHenry, has filed an ethics complaint with the Garrett County Ethics Commission regarding a potential conflict of interest involving Garrett County Commission Chairman Robert Gatto.
In July, the Garrett County Planning Commission recommended that county commissioners endorse William Meagher’s request to amend the Deep Creek Watershed Zoning Ordinance to add a new category of use for boat rentals not offering any services associated with a marina. The recommendation included certain modifications. Gatto recused himself from a county commission public hearing held in September based on the fact that his company, Gatto Electric, completed electrical work for Meagher, owner of Lakeside Creamery.
Gatto departed the public hearing and didn’t return until after the presentation and all public comments on the zoning amendments were heard, according to Jacobs.
During a county commission meeting Tuesday, Gatto also recused himself from a vote regarding Meagher’s request to make several amendments to the zoning ordinance to add a new category of use for boat rental including boat rides and/or boat tours as a separate service business and not offering any other services associated with a marina. Commissioner Gregan Crawford made a motion to approve Meagher’s request but it died for lack of a second, according to Monty Pagenhardt, county administrator.
“There is no pending proposal for any change to any ordinance,” said Pagenhardt.
However, the county commission did vote to approve the planning commission’s recommendation that several amendments be made to the Table of Dimensional Requirements for Principal Uses in the Deep Creek Watershed Zoning Ordinance, according to Pagenhardt.
Jacobs alleges that Gatto shouldn’t have recommended or voted to separate the amendments because they contain definitive language to further Meagher’s interests by allowing recreational uses in a shopping center, which were not allowed before.
The ethics complaint, which was filed online, was sent to Pagenhardt, who declined comment on the complaint. Pagenhardt will send a certified copy of the complaint via registered mail to the ethics commission and to Gatto.
The ethics commission is comprised of Thomas Janes, Wayne Wilt and Jack Riley, who was appointed by the county commissioners Tuesday.
Gatto will have 15 days to respond to the complaint and once the response is received a hearing will be held with the ethics commission to determine if there is cause to proceed further. Failure to respond to the notification of the ethics complaint form will have an unfavorable effect and could result in a default hearing with no input from the nonresponding party, according to the county’s website.
Gatto returned to the meeting Tuesday after recusing himself and voted along with the commissioners to send the matter back to the planning commission for consideration and review of context for potential use as a special exemption. Gatto and Crawford voted in favor of the motion and Jim Raley voted against it.
Jacobs also alleges that Gatto should not have participated in that vote.
