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"Mini Marina" Amendments Declared "Defective"; Permit Issued "In Error"

Jun. 20, 2013

Circuit Court Judge Jim Sherbin has deemed that the Deep Creek Lake Watershed Zoning Ordinance “mini-marina” amendments are defective and that the issuance of a permit to Lakeside Creamery owner Bill Meagher was, consequently, an error. Sherbin made his declaratory judgment on Tuesday, following a lengthy civil case.

St. Moritz Properties LLC, Bill’s Marine Service Inc., and Silver Tree Marine LLC filed a case against the Garrett County Board of Zoning Appeals, GC commissioners, and Meagher last year. The plaintiffs asked the court for a ruling on the legality of the amendments and the permit issuance.

Meagher submitted a proposal in spring 2012 to the Planning Commission and county commissioners to add a new category of use in the zoning ordinance that would allow “boat rentals, including boat rides and boat tours, as a separate business and not offering any other services associated with the marina.”

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The Planning Commission approved the amendment and passed its recommendation on to the commissioners, who held a public hearing on the issue on May 31, 2012.

Information about the category contained the following sentence from the ordinance’s Table of Dimensional Requirements: “The use would require a minimum land area of 10,000 square feet in any districts where it is permitted.” One section of the ordinance states that a minimum of 10,000 square feet is required for the “sale or rental of recreational vehicles.”

The commissioners voted on the amendment on June 5, 2012. Commissioners Bob Gatto and Gregan Crawford approved the proposal. Commissioner Jim Raley voted against it, citing reservations about “unanswered uncertainties.

After the zoning administrator granted a marina permit to Meahger, the plaintiffs filed an appeal with the Deep Creek Lake Watershed Zoning Board of Appeals. The board heard the case last fall.

The plaintiffs and their lawyers questioned the legality of the amendment and permit issuance. They indicated there were several problems with the new land use and said Meagher did not meet the land-size qualifications.

By a vote of three to one, the appeals board upheld the decision to grant Meagher a permit, which allowed him to move forward with his plans to rent personal water crafts and pontoon boats to customers this year.

The plaintiffs pursued their case in Circuit Court, with various hearings held over the course of several months.

“The decision of the Garrett County Board of Zoning Appeals in this matter is reversed,” Sherbin wrote in his order this week about the permit issuance.

He also indicated that “the court need not reach the issue of compliance with the minimum [land] area requirements.”

More here.

Sheriff's refusal to enforce gun law is a victory for the people

June 13, 2013

Given what’s been going on in Washington, it’s good to see the sheriffs of three Maryland counties standing up for the rights of their citizens (“Sheriff won’t enforce gun law,” June 6).

The framers of the Constitution would be proud of these men for using the powers they were given by that document and by their constituents to protect them from tyrants in Annapolis….

…Gov. Martin O’Malley and the state legislators, especially Senate President Mike Miller and House Speaker Michael Bush, have become tyrants who have taken over Maryland. They have been able to do this despite the wishes of 21 of the 24 counties. We need our county sheriffs now more than ever to help us take back our state.

Maybe I’ll move to Garrett County. Sounds like a safe place to live. Thank you, Sheriff Corley.

John Armstrong, Lutherville

More here.

Fun things to do this weekend in Garrett County

 

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Redneck Dayz kicks off tonight at Long Branch:

Friday – June 14th, 2013 – Long Branch Saloon   The official redneck games.  Teams of four compete for prizes.                 

Saturday –  June 15, 2013 – Broadford Lake Park, Oakland, MD 21550 8:00 am to midnight. 

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Deep Creek’s Got Talent – Honi Honi Bar June 15th

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Garrett County Home Show:

2013 Garrett County Home & Garden Show June 15 & 16 2013.
Exhibit Hall at the Garrett County Fairgrounds,
Route 219, McHenry (Deep Creek Lake), Maryland

Saturday, June 15, 2013
10:00 AM – 7:00 PM

Sunday, June 16, 2013
11:00 AM – 4:00 PM

Rain or Shine • No Visitor Admission Fee • Ample Free Parking

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Spruce Forest Artisan Village Family Day June 15

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Taste of Garrett County 2013! June 17, 6 -9 PM, WISP Resort

If this is your first time hearing about this event, the Taste of Garrett County is the major fundraiser for Garrett Trails. All proceeds go toward progress on our trail construction plans such as the Meadow Mountain Trail resurfacing and construction, the continued construction of new hiking and biking trails at the Fork Run Recreation Area, and engineering for the Yough Lake Trail and bridge spanning the Yough in Friendsville.

The event is packed with restaurants from all around Garrett County, MD. Patrons pay $30 entry fee and then immerse themselves in special cooking demonstrations from some of the area’s best chefs, prizes and raffles, live entertainment and delicious new offerings and classic favorites from Garrett County’s most popular dining establishments! This year we are accepting credit cards at the door ($1surcharge applies). More here.

Mini marina ordinance update

From deepcreektimes.com:

The judge did not make a decision regarding the mini-marina ordinance as expected on June 1.  A public notice appeared in last week’s Republican stating that Deep Creek Marina has submitted an application to rent boats out of the Lakeside Club/Service Center location on Deep Creek Drive.  Written public comments will be accepted until Monday June 17 and can be sent to:  Deep Creek Lake Recreation Area, 898 State Park Road, Swanton, MD  21561.

Rocky Gap revenues top $700,000 in 10 days

Majority of money was from casino’s slot machine operation

Matthew Bieniek Cumberland Times-News

ROCKY GAP — Rocky Gap Casino Resort made $776,133 in revenue from slots and table games during the 10 days it was open in May, state gaming officials said.

The casino opened May 22. More than $600,000 of the revenue was from the slots side of the operation, which took in $648,365.59.

“Gross gaming revenue per unit per day was: $106.39 for slot machines and $1,161.52 for banking table games. Rocky Gap Casino Resort operates 554 slot machines and 10 banking table games,” according to a press release from the Maryland Lottery and Gaming Control Commission.

Allegany County Commission President Michael McKay said it was too early to start thinking about the potential revenue to the county. McKay said he wants to see what happens over a two- to three-year period, at least, before making any judgments.

“With the projections and the May numbers it is too soon to forecast success or have apprehension,” McKay said. “I’m optimistic and excited by the early results.” McKay said he took it as a good sign that it was hard to find parking when he stopped at Rocky Gap on business. But he offered further words of caution.

“We need to be fiscally prudent. … It’s premature to start commenting and premature for the county to start talking about spending the revenue,” McKay said. The county and the casino company have a payment in lieu of taxes agreement in place that will pay the county at least $295,000 a year.

Slot machine revenue from Rocky Gap included a contribution of $272,315.55 to the state’s education trust fund and local impact grants of $17,830.05. Lakes Entertainment earned $324,128.81, according to commission records. Total table game revenue was $127,767.50.

Rocky Gap helped save the day, or month, for state gambling revenues.

“In a year-to-year comparison — excluding Maryland Live, which opened in June 2012 and Rocky Gap Casino Resort — May 2013 casino revenue decreased from May 2012 by $1,206,766 or 8.29 percent. The addition of Maryland Live and Rocky Gap Casino Resort, however, brought a year-to-year net benefit to the state of $36,599,254. May’s figures brought total fiscal year 2013 gross revenues to $511.1 million,” according to the press release. The Maryland Live Casino is in Anne Arundel County.

Lakes Entertainment controls subsidiary Evitts Resort LLC, which owns the casino.

Lakes also held its 2013 annual shareholders meeting June 5 at Rocky Gap. Shareholders elected a five-member board of directors consisting of Lyle Berman, Timothy Cope, Neil I. Sell, Ray Moberg and Larry C. Barenbaum. Berman is the chief executive officer of the company and Cope is the chief financial officer. The information was reported, as required, to the federal Securities and Exchange Commission.

Contact Matthew Bieniek at mbieniek@times-news.com.

More here.

Bear Carving Stolen from New Germany State Park, Ultimately Recovered

6/11 ***Update: The bear is now home safely after employees with the State Highway Administration discovered it in a ditch. New Germany State Park staff extend a huge thank you to all who helped spread the word!***

When staff arrived to work at New Germany State Park on  June 6, they discovered the park’s bear statue had gone missing. The chainsaw-carved bear that once stood at the entrance welcoming visitors had apparently been stolen overnight.

The carving (pictured) was donated to the park in 2010 by a local artist named John “Sacco” Carter.  Anyone with information on the theft is asked to call the Maryland Natural Resources Police at 1-800-825-PARK or 1-410-260-8888.

More here.

Major price drop: 767 Harveys Peninsula Rd – Lakefront, Type A dock – ga7556485 – $579,000

767 HARVEYS PENINSULA RDGA7556485 – $579,000

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“BeDazzled” Lakefront Home nestled amongst the natural beauty of Deep Creek Lake. This home features 5 Bedrooms, 2 baths, spacious living areas, granite counters, fireplace, garage and large deck for entertaining. Level Lakefront with Type A Dock. Be – Dazzled! Call today to see this home. More here.

SHA To Resurface Rt. 219, Add Turn Lane In Oakland

Jun. 6, 2013

 

The Maryland State Highway Administration (SHA) will begin a resurfacing project on U.S. Rt. 219 (Third Street) in Oakland on Monday, June 10. The work is expected to take about two weeks, weather permitting.

SHA will resurface Rt. 219 between Oak and East Orchid streets. In addition, work crews will restripe the roadway to add a southbound left-turn lane on the highway between East Pennington and East Center streets.

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This change, added to the project in response to citizen requests, will improve traffic flow by creating a separate lane for traffic making left turns into McDonald’s and Sheetz and onto East Center Street, noted Anthony Crawford, District 6 engineer.

“As crews start work out on the road, we ask for drivers to use extra caution and allow some additional travel time to get through the work zone,” he said. “This is a relatively short-term project, so it is all the more important to remain alert since every day there will be changes.”

Working hours for the project are tentatively set for 6 p.m. to 6 a.m. During those hours, a flagging operation will be in place to alternate the traffic direction on Rt. 219/Third Street, and parking will be prohibited along the roadway.

“Motorists should anticipate delays and use extra caution in the work zone,” Crawford stressed. “When the work is complete, the daily average of more than 11,000 motorists who use this section of U.S. 219 will travel on a smoother, safer pavement surface with fresh, bright lines.”

The work is being performed by Keystone Lime Company Inc. of Springs, Pa., under SHA’s $4 million areawide paving contract in Garrett County.

Anyone with questions about traffic operations along Rt. 219 or other state numbered routes in Garrett County may call SHA’s District 6 office at 301-729-8400 or toll free at 800-760-7138.

More here.

Commissioners Approve $73.1 Million Operating Budget For Fiscal Year 2014

Jun. 6, 2013

The Garrett County commissioners on Tuesday unanimously approved a $73.1 million operating budget for fiscal year 2014. This figure does not include capital expenditures and debt service. Pdf file here.

The FY ’13 operating budget was $72.5 million, excluding capital expenses.

“Both operating and capital budgets for fiscal year 2014 show that Garrett County chooses to operate within its means, just as a household or business would have to do in order to remain solvent,” Commissioner Gregan Crawford said.

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He added that the county is still able to meet its fiscal responsibilities and continues to deliver an acceptable level of services, which is prudent during this time of budgetary cuts.

The commissioners also voted unanimously to keep the real property tax rate at $.99 per $100 of assessed value for all areas of the county except Mountain Lake Park. Because of a tax differential agreement with the county, that town’s rate will be $.927. Both rates include a special fire tax levy of $.034 and a Garrett County Landfill bond tax of $.02.

Property tax revenue for FY ’14 is projected at $43.4 million. Because of a small increase in assessable property values, this is $114,714 more than the county garnered in FY ’13. In their budget document message, the commissioners called this increase “insignificant.”

“The three budgets that we’ve been directly involved in as the board of county commissioners have been quite a challenge,” said Commissioner Jim Raley. “In essence, all the new revenues to the county over the three years have been distributed primarily to backfill the loss of state revenues to the Board of Education and, this year, to the Health Department, both of whom provide vital services to our population.”

He said the county needed to grow its economy and population, work to retain its young people, and find ways to increase its revenue stream.

“It’s easy to say, ‘Just raise taxes and that will fix the problem,'” Raley said. “But when does it end – that vicious cycle of government reaching into the pockets of citizens who are just making it or businesses that are struggling to keep their doors open.”

Though it seems small, he indicated, a two or three cent tax increase greatly affects their bottom lines, resulting in homes being repossessed and businesses closing.

In addition to property taxes, the county’s other revenue sources include grants, various permit fees, and income taxes. The county’s Financial Services office projects that about $11.1 million will be garnered from income taxes in FY ’14, which is an increase of $1 million compared to FY ’13.

More here.

Savage River rafting

This photo was taken by Lisa Broadwater, manager of the Grantsville office of The Republican, during a scheduled release of water on the Savage River Saturday. This release, and two more scheduled for July and September, were arranged via a collaborative effort by the Upper Potomac River Commission, NewPage Corporation, G&S Coal, Precision Rafting, Savage River State Forest staff, Garrett College, and Adventure Sports Center International.