CUMBERLAND — A bill that could help school districts facing decreases in state aid because of declining student enrollment, such as Garrett County, has won an important vote on the Senate floor that bodes well for passage in the next few days.

Sen. George Edwards is the Senate sponsor of the bill. Del. Wendell Beitzel is sponsoring the House version. The bill passed on second reading with amendments Monday and will likely come to a final vote in the next day or two. Additional sponsors have also signed on to support the Senate bill. Bills on second reading usually pass on a voice vote. Once the bill passes the Senate, it will move on to the House of Delegates.

The bill mandates the state to supplement shortfalls in the state aid formula. “For fiscal years 2015 through 2017, if a county board’s total direct education aid in the current fiscal year is less than the prior fiscal year, then the state shall provide a grant to the county board equal to 50 percent of the decrease in total direct education aid from the prior fiscal year to the current fiscal year,” according to the language of SB 534.

The state budget provides $1.7 million in aid for affected districts in fiscal 2015, according to a floor report on the bill by the Senate Budget and Taxation Committee.

“Under current law, direct education aid (as defined by the bill) in fiscal 2015 to Garrett and Kent counties will decrease by $928,200 (4.7 percent) and $262,000 (3.0 percent), respectively, a combined decrease of $1,190,200,” according to the Department of Legislative Services.

By mandating the aid for three years, legislators from affected counties will be able to avoid a yearly fight for special appropriations, as they have in the past few years.

More here.

OAKLAND — The Garrett County Planning Commission voted unanimously last week to table a discussion regarding a text amendment to the Deep Creek Watershed Zoning ordinance to include broader use of special exceptions within the watershed for recreational uses.

The discussion was tabled until a date to review the county’s comprehensive plan update is determined and until action is taken in regard to an ethics complaint that was recently filed against County Commission Chairman Robert Gatto, according to Deborah Carpenter, assistant director of the Office of Planning and Land Management.

During a Feb. 18 meeting, the county commissioners voted to send the matter of text amendments of the zoning ordinance back to the planning commission. Gatto and Commissioner Gregan Crawford voted in favor of the motion and Commissioner Jim Raley voted against it.

“Deep Creek Lake is a recreational area and given its nature is subject to competing demands,” reads a position statement made by Crawford and Gatto. “The public has expressed concern that there has not been sufficient public discussion and consideration of issues relating to recreational uses and the board is simply responding to that concern and are asking the planning commission for their input, nothing more.”

Also during that meeting, with Gatto recusing himself, Crawford made a motion to approve William Meagher’s request to add a new category of use for boat rentals including boat rides and/or boat tours as a separate service business and not offering any other services associated with a marina. Crawford’s motion died for lack of a second and therefore ended the pursuit and consideration of Meagher’s request for amendments to the zoning ordinance.

More here.

MCHENRY — The Garrett County Commission For Women will honor Nancy K. Learey and Brenda Snyder Brosnihan on April 5 as they are inducted into the Women’s Hall Of Fame. The breakfast event will begin at 9:30 a.m. at Dutch’s at Silver Tree on Glendale Road. Reservations are required.

This is the 20th anniversary of recognizing women who have made a difference to the people of Garrett County. The Commission For Women has been active in advocating for girls’ and women’s issues since its inception.

Learey has been in Garrett County for more than five decades. Originally from Philadelphia and the Eastern Shore, she attended Western Maryland College, now known as McDaniel College. She was a teacher and guidance counselor at Southern Middle School, then taught chorus at Southern High School.

As a passion, Learey has changed the way music and musicians are viewed in Garrett County. She was the founding director of the Garrett Choral Society, where she served as its director for 27 years. Learey insisted on the involvement of youth in most all of her productions. She is directly responsible for attracting nationally acclaimed artists such as Michael Horton, Jim Tong and Nancy Turrentine, who now call Garrett County home.

Brosnihan is a 1978 graduate of Southern High School. She attended Frostburg State where she studied health and physical education. She opened Brenda’s Body Shop in Oakland in 1980 and has impacted thousands of local students who have attended her classes. Brosnihan is a dedicated, equal opportunity educator who encourages movement, health and positivity without boundaries based on age, abilities or health issues.

More here.

GRANTSVILLE — A River Road businessman who successfully sued the town of Grantsville will have his property removed from the town’s annexation plan.

On Feb. 7, Garrett County Circuit Court Judge James L. Sherbin ruled in favor of Rodney Youmans, who owns and operates Meshach Browning’s Cabins on the River at 315 River Road.

“I originally agreed to annexation because Grantsville said my property would be hooked to the town’s sewer line,” Youmans told the Times-News on Wednesday.

Youmans’ attorney, Robert Kazary, Cumberland, told the court that in 2006 the town sought to annex the land upon which the Goodwill Mennonite Nursing Home sits so that municipal water could be provided, allowing an expansion of that business.

During that process, some other private properties, including Youmans, were also included in the annexation effort.

In his written opinion, Sherbin noted that two annexation plans existed, with the first one in 2008 providing an extension of sewer service to Youmans’ property.

A second plan, filed in 2011, does not include that offer, Sherbin pointed out.

More here.

CUMBERLAND — Bills that would allow voters to decide whether to expand Sunday on- and off-premises alcohol sales in Garrett County are being considered by the General Assembly.

The House Economic Matters Committee considered the on-premises sale bill on Monday. That committee will decide whether to recommend the bill move forward to the whole House. The off-premises bill was heard by the same committee Feb. 17. Together the bills would allow voters to OK sales at taverns and restaurants as well as package stores.

The bill was submitted at the request of the Garrett County Liquor Control Board. Some election districts already have Sunday sales and other merchants want to be able to do the same. Del. Wendell Beitzel introduced the bills. The sales would be allowed from 1 p.m. to 10 p.m. on Sundays.

The Garrett County Chamber of Commerce also supports Sunday sales for alcoholic beverages, chamber officials said during a public meeting in December.

More here.

CUMBERLAND — Trial has been set for May 5 for two Garrett County developers who were indicted last month by a federal grand jury on charges related to a $3.7 million bank fraud conspiracy.

A court spokesman advised of the date of the trial in U.S. District Court in Baltimore for Samuel R. VanSickle, 49, of Accident, and Louis W. Strosnider III, 47, of Oakland, following their recent initial court appearances.

VanSickle and Strosnider both have entered pleas of not guilty to the charges contained in a six-count indictment that alleges from Dec. 21, 2001, through June 30, 2004, they devised a scheme to fraudulently obtain money and property from financial institutions.

Specifically, VanSickle purchased two properties and allegedly concealed the ownership and control of the properties using false names and identities; inflated the value of the properties through fraudulent loans and mortgages; and entered into sales contracts with Strosnider at inflated prices with fictitious down payments. Strosnider then obtained bank loans with fraudulent collateral to finance sales of the properties.

Entities controlled by VanSickle sold the properties to Strosnider, with the purchase prices actually being paid to VanSickle in the name of companies he controlled, according to the indictment.

The indictment seeks forfeiture of $3,751,000 and 40 properties held in VanSickle’s name or in the names of nominees in Maryland, West Virginia and Pennsylvania.

The defendants face a maximum sentence of 30 years in prison for the conspiracy and for each of the five counts of bank fraud.

More here.

OAKLAND — During a meeting on Tuesday, the Garrett County Commission voted to approve the Garrett County Planning Commission’s recommendation that amendments be made to the Table of Dimensional Requirements for Principal Uses of the Deep Creek Watershed Zoning Ordinance.

Commission chairman Robert Gatto made the motion to approve the planning commission’s recommendation and it was approved. An amendment was made to the table to add a commercial district under the column of Zoning District under the same row and block as town center district, according to Monty Pagenhardt, county administrator. An amendment was also made to the table to alter the types of uses that would qualify for reduced land areas within a shopping center; to properly align the column headings and minimum land area standards; and to strike certain provisions for other zoning districts and land areas.

That section will read as follows: “Retail use, service businesses and commercial recreational uses that are situated in shopping centers having a minimum land area of 1 acre. Only those retail, service and commercial recreational uses specified under this article as requiring a minimum land area of 10,000 sq. ft. in the TC (town center) and C (commercial) zoning districts, are subject to the reduced minimum land area per use afforded by this section.”

In July, the planning commission voted to recommend 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 with certain modifications. The modifications include restricting boat rental use to the town center zoning district and that the use should only be permitted on lakefront properties with a minimum 200 feet measured at the Penelec line, irrespective of whether the lot is grandfathered in under the zoning ordinance, according to Pagenhardt.

Per Meagher’s request, boat rental usage would be permitted in the commercial and town center zoning districts; would be permitted by special exception in the town residential, commercial resort 1 and 2 zoning districts; and not permitted in any other zoning district. Boat rentals or sales would require a minimum land area of 10,000 square feet in any zoning district where permitted, except where the zoning ordinance requires 6,000 square feet per use and shopping centers.

However, during the meeting Tuesday, with Gatto recusing himself, Commissioner Gregan Crawford made a motion to approve Meagher’s request including adding a new category of use for boat rentals including boat rides and/or boat tours as a separate service business and not offering any other services associated with a marina. Crawford’s motion died for lack of a second and therefore ended the pursuit and consideration of Meagher’s request for amendments to the zoning ordinance, according to Pagenhardt.

After final review of text amendments to the zoning ordinance, the commissioners discussed recreational uses of Deep Creek Lake and discussed the nature of zoning within the lake’s watershed. Commissioners raised the concept of special exceptions, according to Pagenhardt. Crawford then entered a motion to send the matter of text amendments 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 Commissioner Jim Raley voted against it.

“Deep Creek Lake is a recreational area and given its nature is subject to competing demands,” says a position statement made by Crawford and Gatto. “The public has expressed concern that there has not been sufficient public discussion and consideration of issues relating to recreational uses and the board is simply responding to that concern and are asking the planning commission for their input, nothing more.”

The planning commission will now be charged with deciding whether to approve, disapprove or take no action and table the special exception.

“The special exception action approved by the board is now solely at the jurisdiction of the planning commission as to whether or not this commission would include such a use and whether or not they would take the subject under advisement,” says the statement.

More here.

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 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.

More here.