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Month: May 2013
Garrett County judge will render decision on mini-marina June 1
Sherbin must review exhibits in regard to ice cream parlor permit
Elaine Blaisdell Cumberland Times-News
OAKLAND — Judge Jim Sherbin will review exhibits given to him regarding the mini-marina at Lakeside Creamery Monday and make a decision on the matter by June 1.
A hearing on the declaratory judgment regarding amendments to the Deep Creek Watershed Zoning ordinance and the issuing of a permit to business owner Bill Meagher for the mini-marina and an administrative appeal of the Board of Zoning Appeals decision to grant Meagher the permit were held in Garrett County Circuit Court.
Meagher’s property did not meet the minimum total lot or land area per use of 10,000 square feet in the ordinance and instead a permit was based on a minimum land area of 6,000 square feet, according to Greg Skidmore of Skidmore, Alderson and Duncan of Oakland, who is representing local marinas. Skidmore requested that Meagher repeat the zoning process.
“Zoning should be transparent, open, fair and shouldn’t be questioned after the fact,” said Skidmore. “Meagher is the reason the zoning amendment was initiated,” he added.
On June 5, 2012, the Board of County Commissioners voted to make amendments to the ordinance to allow Meagher to have a marina that doesn’t offer the services associated with it. The amendments to the ordinance contained a notation that the minimum land are remain the same as currently specified at 10,000 square feet, according to a hearing memorandum provided by Skidmore.
Skidmore also noted that the property was .9 acres and didn’t meet the one acre minimum total lot or land area per use in the ordinance. County Attorney Gorman Getty III indicated there is a misunderstanding about the square footage required for the permit. A 1993 amendment to the ordinance established a 6,000 square foot requirement for retail and service business situated in shopping centers or neighborhood convenience centers.
Meagher’s property is classified multiple use and he has the potential to have six businesses because of the nature of the zoning classification, according to Getty. Skidmore also noted that the permit was issued by the Board of Zoning Appeals on June 11 before the findings of fact were issued.
“The June 28, 2012, findings of fact even ignored that the permit had already been issued to the Meagher/Lakeside by the administrator on June 11, 2012, based on a minimum land area of 6,000 square feet,” states the hearing memorandum. “Such a disclosure was clearly required by the ordinance and Maryland law so as to make the amendment process fair and reasonable.”
The county commissioners are required to make a findings of fact before enacting any amendment to the ordinance. The director of the board of zoning appeals indicated that the findings of fact were not fully written, signed and published until after the permit was issued, according to Skidmore.
The director also citied ambiguous language in the ordinance relating to the findings of fact. In order to clear up ambiguous language in the ordinance, the commissioners voted in January to rectify a conflict in ordinance so that it was consistent with Land Use Article 66B.
Skidmore also noted that the findings of fact didn’t satisfy the change/mistake requirement of the ordinance, which requires that if no mistakes were made in the zoning ordinance that an amendment be made only if the character of the neighborhood was changed to an extent which justifies the amendatory action.
Getty argued that the zoning amendment wasn’t made to address specific piece of property but all property and that there couldn’t be a change and mistake. Findings of fact were made and the change and mistake doesn’t apply, said Getty.
Meagher planned to offer 12 personal watercrafts and four pontoon boats as rentals as well as offer guided tours. He would use existing local marinas for related services.
Contact Elaine Blaisdell at eblaisdell@times-news.com.
Canoe Kayak Slalom trials are one of many big events coming to Deep Creek Lake
By Don Markus, The Baltimore Sun2:15 p.m. EDT, May 11, 2013
Once thought to be a somewhat out-of-the-way spot for winter ski trips and summer getaways from the scorching heat, Deep Creek Lake and the adjacent Wisp Resort could become “the No. 1 — bar none — adventure sports destination spot in the world” if Todd Copley has anything to do with it.
Toward that goal, Copley’s Deep Creek 2014 LLC will be helping run next weekend’s USA Canoe Kayak Slalom Team Trials there, as well as the sport’s world championships in 2014, marking the first time the championships will be held in Maryland since Garrett County hosted on the Savage River in 1989.
There are other adventure sports competitions scheduled for the area throughout the coming year.
The USA Canoe Kayak Team Trials will be held Friday through Sunday, with a still to be determined number of finishers qualifying for spots on the 2013 World Cup team for the men’s Canoe 1 and 2, men’s Kayak 1 and 2 and the women’s Canoe 1 and 2. (The number designates how many competitors are in the canoe or kayak.)
2013 USA Canoe/Kayak Whitewater Slalom Team Trials and Deep Creek Open
Friday to next Sunday, May 17-19: 2013 USA Canoe/Kayak Whitewater Slalom Team Trials and Deep Creek Open, Adventure Sports Center International, Deep Creek Lake, Garrett County. Admission: free. Community open house, Saturday, 11 a.m.-2 p.m., provides an opportunity for businesses, civic organizations and the general public to learn more about the preparation for the 2014 world championships. Children’s Adventure Series and Kids Day at The Races, Sunday, 11 a.m.-2 p.m. Information: deepcreek2014.com.
Education to take lion’s share of Garrett budget
Despite being fully funded, board predicts a bleak forecast for next few years
Elaine Blaisdell Cumberland Times-News The Cumberland Times-News Thu May 09, 2013, 11:46 PM EDT
OAKLAND — The largest appropriation in Garrett County’s proposed fiscal 2014 budget is $32.3 million for public education, or 41 percent of the total Operating and Capital Budget for fiscal year 2014, according to Monty Pagenhardt, county administrator.
The county is proposing to allot $26.2 million to the board of education for fiscal 2014. The remainder of the public education funding goes to Garrett College, the Ruth Enlow Library and the Garrett County Scholarship Program.
“The board of education was informed in May of 2012 of this funding level,” said Pagenhardt. “The BOE budget for 2014 is fully funded.” The board was alloted $26 million for fiscal 2013.
Despite being fully funded for fiscal 2014, the board is predicting a bleak financial forecast for the next couple of years, according to a letter from the board to citizens.
Superintendent Janet Wilson, Pagenhardt and respective staff will attempt to develop cooperative points of interest regarding the budget and set up a meeting at a later date.
“County government has for some time reviewed current budgets along with five impending years, and this practice has proven to be a wise judgment, which is evident when comparing actual/final budgets to initial budget estimates,” said Pagenhardt in response to the board’s letter.
“County government and the Board of County Commissioners have made public education a priority for many years. Now, more than ever, open dialog and cooperation, to include the participation of the county administrator, superintendent of schools, and senior staff from both our organizations, is imperative.”
The real property tax rate for fiscal 2014 will be the same as 2013 at $0.9900, according to Pagenhardt.
During the public informational meeting Wednesday, the public questioned Adventure Sports Center International funding and asked questions that were under the authority of the elected board of education, according to Pagenhardt. Four elected board members were in attendance but didn’t speak or provide commentary, said Pagenhardt. Wilson was not in attendance.
The expenditure for ASCI debt repayment for fiscal 2014 is $100,000 to be paid out of hotel rental tax. In March of last year, the county took ownership of ASCI, paying $600,000 to secure the assignment of ASCI debts from Susquehanna Bank.
The fiscal 2014 budget is recommending $1.7 million for Deep Creek 2014 capital improvements to ASCI. The ASCI capital improvements are completely funded by grants.
Total budget for fiscal 2014 is $78.3 million, which is $4.4 million less than the fiscal 2013 budget of $82.7 million. Capital projects and outlay make up $2.6 million of the $4.4 million, according to Pagenhardt.
The fiscal 2014 budget includes $2.2 million from the unreserved/undesignated fund balance (reserves restricted for planned capital expenditures).
“No reserves are used for operating expenses,” said Pagenhardt.
Pagenhardt doesn’t expect changes to the fiscal 2014 budget for now.
“There will be amendments to fiscal year 2013 budget when we have actual revenue or expenditures,” said Pagenhardt. “Final adjustments to the fiscal year budget come with the audit.”
The county commissioners will approve the budget during the June 4 public meeting.
The budget, in its entirety, can be viewed at www.garrettcounty.org.
Contact Elaine Blaisdell at eblaisdell@times-news.com.
May 17-18: Maryland in the War of 1812: A Living History Event at the Garrett County Fairgrounds, Md.
May 17-18: Maryland in the War of 1812: A Living History Event at the Garrett County Fairgrounds, Md. Learn about “The Star-Spangled Banner” and hear ballads and sea chanties, with presentations from historians such as Chris George, Vince Vaise, Mike Dixon and David Hildebrand. 301-387-4386.
Garrett gypsy moth outbreak to lead to more spraying
Treated land will quadruple from 2,500 acres to 11,896
OAKLAND — This year, the amount of acreage in Garrett County to be treated for gypsy moths has more than quadrupled because there are beginnings of outbreaks, according to Bob Tatman, program manager of Maryland Department Agriculture Forest Pest Management.
“This year we are getting into an outbreak, the population is expanding very rapidly,” said Tatman. “In the past, there was a fungus that kept the population down.”
The fungus isn’t keeping the gypsy moth population down this year and the population could either crash or continue to expand, said Tatman.
This year, 11,896 acres will be sprayed for gypsy moths in Garrett County with treatment to start most likely around May 20, depending on weather, according to Tatman.
Last year, about 2,500 acres in Garrett County were sprayed for gypsy moths and it was the only county in the state sprayed. That spraying began on May 16.
“Last year was the earliest we have ever sprayed in Garrett County,” said Tatman, who added that, typically, gypsy moth spraying takes place around Memorial Day weekend. “Because of the weather, it’s a different world in Garrett County.”
Also, more counties in Maryland, as well as other states, are being added to the list for gypsy moth suppression.
This year, spraying for gypsy moths will take place in Worcester and St. Mary’s counties in Maryland as well as counties in West Virginia, Pennsylvania and Ohio, according to Tatman.
Funding for the spraying comes from a federal, state and county cost-share cooperative.
The federal cost-share is going to be less this year and Tatman expects that the cost for the county will increase.
In addition to fewer federal funds, an increase in the number of acres to be sprayed will cause the cost for the county to increase. For fiscal 2014, the county is recommending $37,00 for gypsy moth suppression.
For fiscal 2013, $37,000 was approved for gypsy moth suppression and it was later amended to $184,325.
The gypsy moth is the most destructive pest of forest and shade trees in Maryland, according to MDA. Large gypsy moth outbreaks have affected hundreds of thousands of acres statewide over the years.
MDA conducts an Integrated Pest Management program to minimize unnecessary losses through monitoring, assessment, information and education, and pest control actions, according to the news release.
In high-infestation areas where die back or mortality cannot be tolerated, MDA will conduct aerial insecticide treatments to protect and preserve the forest and shade trees.
For more information on spraying activities, follow MDA on Twitter @MDGypsyMoth or visit http://mda.maryland.gov/plants-pests/Pages/gypsy_moth_spray_schedule.aspx.
Contact Elaine Blaisdell at eblaisdell@times-news.com.
Accreditation process under way for Garrett health department
From Staff Reports Cumberland Times-News The Cumberland Times-News Wed May 08, 2013, 10:56 PM EDT
OAKLAND — The Garrtt County Board of Commissioners voted unanimously Tuesday to support the accreditation of the health department through the Public Health Accreditation Board, according to Monty Pagenhardt, county administrator.
The goal of the accreditation process is to have all local health departments and the Maryland Department of Health and Mental Hygiene accredited, according to Rodney Glotfelty, health officer with the Garrett County Health Department. Accreditation looks at leadership, strategic planning, community engagement, customer focus, work force development, evaluation and quality improvement.
Also during the meeting, the commission voted to approve an application for $400,000 for the Home Repair Program. A public hearing was held prior to the vote to receive comments on the application of funds from the Department of Housing and Community Development Community Development Block Grant Program.
The commission then discussed economic development and a confidential business interest in an executive session.
The next commission meeting will be held May 21 at 4 p.m. in Room 207 in the courthouse.
Garrett board of education warns of bleak times ahead
Garrett board of education warns of bleak times ahead
Between 2009 and 2014, state aid dropped $4.5 million
From Staff Reports Cumberland Times-News The Cumberland Times-News Tue May 07, 2013, 11:15 PM EDT
CUMBERLAND — OAKLAND — The Garrett County Board of Education posted an open letter to citizens on its website to alert them that the financial forecast for the next couple of years looks bleak.
The board adopted Superintendent Janet Wilson’s fiscal 2014 budget during a special meeting April 18. During that meeting, projections relating to the anticipated fiscal 2015 revenue and 2016 revenue shortfalls were shared.
Garrett County Public Schools receives more than 90 percent of its revenue from state and local sources.
State revenues have continued to decline in recent years as a result of the county’s increasing wealth and the school system’s declining enrollment.
Between fiscal years 2009 and 2014, revenues from state aid have declined by more than $4.5 million, while corresponding aid from county government has increased by $2.2 million.
Last year, Dennett Road and Kitzmiller elementary schools closed permanently because of a $2 million shortfall, and other programs were cut.
The decision was made to close the schools despite receiving $500,000 from the county commissioners.
Bloomington Elementary was closed in 2011.
“Last-minute funding offered by the Board of County Commissioners came with no promises of future funding which would have required the advisory group process, and the emotional turmoil that goes with the process, to be repeated the following year,” said the letter.
If reliable and sustainable streams of revenue cannot be identified and committed in a timely manner for fiscal 15 and beyond, the school system is required by state code to begin the advisory process to determine if school closures, consolidation and redistricting are necessary, according to the letter.
“This time, every school (all eight in the county) will be involved in the process requiring that the advisory meetings begin this summer,” said the letter.
The school board will obtain a facility study and the results will be given to the advisory committees.
The study will be conducted on Accident, Broad Ford, Crellin, Friendsville, Grants-ville, Route 40, Swan Meadow and Yough Glades Elementary schools.
The results of the study will help to ensure that the best decisions regarding any school closures, consolidation and redistricting are made for 2015 and for the future of the county schools. Decisions regarding closures, consolidation and redistricting for fiscal 2015 must be made by April 1, 2014.
In fiscal year 2015, the board anticipates that the state aid revenues will decline by an additional $1 million.
The board invited commissioners to discuss the future of the Garrett County Public School System on April 24, but the commissioners couldn’t attend because the meeting precludes the final approval of the county’s fiscal 2014 budget, which will be adopted at the June 4 public meeting.
“Public education is certainly a priority for the county and the identification of long-term financial planning has been and will continue to be a high priority,” said Monty Pagenhardt, county administrator. “Just as the public school system is experiencing a reduction of funding, all other county government core areas of public interest must be cognizant of the current economic times.”
The board has no revenue-generating authority and is squarely dependent on the commissioners’ commitment to providing an adequate operating budget, according to the letter.
The county is proposing to allot $26.2 million to public school system for fiscal 2014, according to Pagenhardt. The largest portion of the county’s fiscal 2013 budget allotted $26,023,714 to the board.
Without additional aid from the commissioners, the approximate fiscal 2015 budget gap for the board would be $1.7 million, according to the letter.
Projections indicate that in fiscal 2016, the school system faces an additional $450,000 deficit.
“The local share of the current county government’s budget does not represent an adequate amount to operate our school system and has not been adequate for some time,” states the letter.
The commissioners will conduct an informational budget meeting today at 7 p.m. at Garrett College auditorium.
“It is our hope that the fiscal 2014 budget discussion will include a promise of revenue that will secure the future of the school system in fiscal 2015,” said the letter. “Without guaranteed streams of funding and with the additional requirements of reform focusing on massive change at the classroom level, there will be consequences.”
The board needs a committed amount of revenue for 2015 and beyond in order to avert the need for school closure, consolidation and redistricting advisory meetings and to plan for instructional programs necessary for current reforms, according to the letter.
Wilson, Pagenhardt and respective staff will get together to develop cooperative points of interest regarding the budget and set up a meeting at a later date.
The letter can be read in its entirety at http://www. ga.k12.md.us/. The county budget can be viewed at www.garrettcounty.org.
Last day for Garrett County students June 12
From Staff Reports Cumberland Times-News The Cumberland Times-News Thu May 02, 2013, 10:30 PM EDT
OAKLAND — The Garrett County Board of Education approved changes to the end of the 2012-2013 school calendar during Tuesday’s meeting. The final day for students will be June 12. The staff will participate in professional development sessions June 10 and 11 in the afternoon, after student departure.
The board unanimously approved the recommendation of Keith Harvey, director of human resources, according to a news release. According to the teacher contractual language, if student days are waived then teacher days must be waived, too. This resulted in some inequities for other employee groups because this language was not in their contracts.
The board granted a three-day waiver for students and employees.
The final three days, June 10, 11 and 12, will change from a two-hour early dismissal to a three-hour early dismissal for students. This adjustment, per conversation with middle and high school principals, will not affect the time needed for final exams, according to the news release.
The afternoon of June 12 will be a record-keeping time for staff as contractually agreed. June 13 will be a professional day and the final day for staff with a seven-hour, 36-minute work day.
To make the waiver equitable for all employee groups, it was proportionally calculated to the number of days each group works, according to the news release. There will be three waiver days for 10-month employees, four waiver days for 11-month employees and five waiver days for 12-month employees.
In March, the Garrett County Board of Education made a request to the Maryland State Board of Education to waive five student days, and that request was granted.
