(rshsdepot) Frostburg, MD

[Bernie Wagenblast <brwagenblast_@_comcast.net>]

Links to depot photos:
http://www.pecoraengineering.com/images/frostburg.jpg
http://www.trainweb.org/midrail/Photos/WMSRPhotos/wmsr2257.jpg
http://www.wmsr.com/images/12c.jpg
http://www.qsl.net/wd8rif/img/frostburg_depot.jpg
http://www.stanly.cc.nc.us/cpe/CosgroCE/maryland1.jpg

Fine print delays eatery deal at Depot
Clause stipulates that only train riders, hikers could eat at restaurant

SAM SHAWVER
Cumberland Times-News Staff Writer

FROSTBURG -- Plans to open a steak and seafood restaurant at the Frostburg
Depot were put on hold this week after county officials discovered some fine
print in a memorandum of understanding that would prevent the eating
establishment from serving anyone but train riders and future travelers on a
currently non-existent hiking trail.
"I never dreamed there would be such a clause," said County Administrator
Vance Ishler.
On Thursday he told the county commissioners that the 1998 memorandum of
understanding was established with the Maryland State Highway
Administration, Maryland Department of the Environment, Maryland Department
of Natural Resources and Maryland Historical Trust.
The document stipulates that a lease agreement for the depot facility should
contain a clause restricting any restaurant's business to Western Maryland
Scenic Railroad passengers, future hikers on the proposed Allegheny
Highlands Trail, and during special festivals or holidays.
"At the time there was concern that if the scenic railroad made a deal with
a caterer, you would have competition with other area merchants," said
County Attorney Bill Rudd.
He added that the county would clearly violate the memorandum of
understanding if it entered into a lease agreement that allowed a restaurant
to market its business to the general public with signs and other
advertisement.
Last week the county commissioners received a proposal to operate "an
American-style restaurant with a railroad theme and decor" from John M.
Martin, owner of Mountain City Cabinets in Grahamtown, and Mike Zheng who
owns the Eastern Express Chinese restaurant in Frostburg.
Martin said the depot had not been used for more than a year, but he
believed a restaurant would be successful at that location. With the
county's blessing and some repairs and upgrades to the building and existing
equipment, he hoped to have the business open by April or May.
During Thursday's meeting Rudd noted that the scenic railroad board sought
bids for a business at the depot in 1999, but there were no takers.
"We have two options," said Ishler. "We can leave the situation as it is, or
we could go back to the four state agencies and renegotiate the memorandum
of understanding. I recommend contacting the agencies to see if they're
willing to make a change.
"The county needs to find something to go in there," he added. "And we have
no other alternatives at this time."
Ishler said allowing the depot to remain empty also costs the taxpayers to
keep the facility maintained.
He said Martin and Zheng would locate their proposed restaurant elsewhere if
the depot was not available.
The commissioners agreed with Ishler's recommendation to contact the state
agencies about changing the memorandum of understanding.
The county purchased the Old Depot Restaurant from James Oberhaus in April
1998 for $598,500. State grants provided the majority of the funding, but
county officials took out a $150,000 loan from the Western Maryland Historic
Trust at 1 percent interest to help pay for their portion of the cost.
Under a lease agreement with the county that same year, the railroad pays
$1,500 annually for the depot, which covers interest on the loan. The
agreement also states that the lease rate can be increased to pay off the
principal on the loan when the railroad becomes a profitable enterprise.

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