NEW FOR FRIDAY: Motive Unclear In Last Night’s North OC Stabbing

OCEAN CITY — A Thurmont, Md. man has been charged with three counts of first-degree assault and other serious charges after allegedly stabbing three victims during an altercation in north Ocean City early this morning.
Around 12:25 a.m. on Friday, Oce…

NEW FOR FRIDAY: Search Still Coming Up Empty For Local Missing Woman

BERLIN — The search continued this week for an elderly Berlin woman with dementia and short-term memory loss last seen at her residence on Carefree Lane in Berlin near South Point on Memorial Day.

Shortly after midnight on Tuesday, May 28, the Worcester County Sheriff’s Office received a missing persons report on Helen Stephanie David, 77, of Berlin, from her son Ryan Putney. David lives in the South Point area and was last seen by family members shortly after 3 p.m. on Monday, May 27. According to Putney, David suffers from dementia and short-term memory loss.

Throughout last week and in the days since, an extensive search has been conducted in the South Point area and along the Route 611 corridor on the ground, by air and in the water and marshes to no avail. At the height of the search two weeks ago, local law enforcement agencies were assisted by the Civil Air Patrol and search and rescue teams from as far away as the western shore and an army of citizen volunteers combed the woods and properties around South Point by flashlight.

While the effort has been curtailed somewhat as nearly three weeks have now passed, local law enforcement agencies, with assistance from outside sources, continue to search in earnest for the missing woman.

Last Sunday, for example, the Calvert County Search and Rescue teams searched the area along South Point Rd. and the residence on Carefree Lane. The effort included search and rescue dogs and several personnel on foot to no avail.

Again on Tuesday, the Maryland State Police and Maryland Natural Resources Police (NRP) brought in their Search Management Teams and conducted a detailed grid search of the immediate area. The search will continue this weekend as Worcester County Sheriff’s Deputies will be out in force again on ATVs, boats and on foot checking for any signs of David.

David is about 5’6” tall and around 142 pound with salt-and-pepper hair of medium length. When last seen, she was wearing a blue and white blouse with flowers, light blue Capri-style pants, two pairs of white socks and possibly tan Burkenstock sandals.

Anyone with information about David’s whereabouts is urged to contact the Sheriff’s Office at 410-632-1111.

Planners Nix West OC Sidewalk Waiver Request

SNOW HILL — In an unusual stalemate when two motions were made but neither was seconded, the Worcester County Planning Commission denied a waiver request for a sidewalk in West Ocean City by default.

While such waivers have been somewhat common in the past, there was a belief amongst some on the commission that West Ocean City is overdue for sidewalks and that a precedent should be set where businesses that are supposed to construct sidewalks under the county design guidelines be required to do so.

The request to waive the sidewalk, which would extend down part of Keyser Point Road from its intersection with Route 50, was made by attorney Hugh Cropper on behalf of Comdent, Inc.

Cropper argued that waiving the need for a sidewalk was common sense as it would not be connected to anything else and would represent a burden for his client.

“It’s just not fair and he can’t afford it,” said Cropper.

Commissioner Wayne Hartman reminded Cropper that “financial hardship” was not justification for failing to meet the county’s design guidelines.

That was true, admitted Cropper, but he stood by his point that it wasn’t a fair requirement.

“If I built this thing new from scratch, I wouldn’t have to do the design guidelines,” he said.

Cropper pointed to the county’s new flagship liquor store, which was constructed this spring and was not held to the guidelines. Because his client is making a significant addition to an existing structure, the property will be held to those guidelines.

Besides not being fair, Cropper argued that requiring a sidewalk at the location was pointless.

“It connects to nowhere. I also suggest to you, if you’ve been down Keyser Point Road recently, I don’t think that I’m going to live long enough to see a sidewalk down Keyser Point Road on that side of the road,” he said.

That prediction could be hasty, according to County Development Review and Permitting Director Ed Tudor.

“I’ve had some meetings with State Highway about it and State Highway views that there is a definitive need for sidewalks in West Ocean City in general,” he said. “And we’ve had this conversation with State Highway for a long time.”

Tudor added that State Highway representatives will be meeting with the County Commissioners next week to discuss sidewalks in Worcester. That doesn’t mean that they will be popping up all over Keyser Point Road, clarified Tudor, but that West Ocean City could see some additions in the near future.

“They’re realizing that you’ve got to start somewhere, too,” he said. “You’ve got to connect up the pieces where you can.”

That was why the Planning Commission should stick to the design guidelines, asserted Hartman.

“I just feel that if we waive it now then we’re going to be waiving it again later and I think we need to start being consistent with the requirement,” he said.

The rest of the planning commission remained divided. Hartman made a motion to deny the waiver, which did not receive a second and thus did not go to vote. Commissioner Brooks Clayville made a counter-motion to approve the waiver, saying that in a “perfect world” all businesses that fall under the design guidelines should have to build sidewalks when required. However, with so many sidewalks waived in the past and with the current requested sidewalk not connecting to anything, Clayville motioned the waiver be granted.

The motion failed to draw a second and also died before the commission could vote. With the members in a standoff, the waiver request automatically failed and the sidewalk will have to be constructed.

Salisbury Approves $262K Grant For New Skate Park

SALISBURY – After six long years, the City Council has approved a grant to begin the process for a modern skate park facility to be constructed in Salisbury.

According to Community Development Director Deborah Stam the Maryland Department of Natural Resources (DNR) has informed the city the Community Parks and Playgrounds (CP&P) grant application in the amount of $262,000 for Phase 1 of the Salisbury Skatepark has been officially approved by the State Board of Public Works.

“Finally, after six long years of hard work, determination and perseverance, we are ready to move forward with this long-awaited project,” Stam said.

Stam furthered, the Salisbury skate park will be a poured-in-place concrete structure and it will be put out to bid as a design-build contract, so that the designer and the construction contractor are working together every step of the way. The design process will include planning sessions with local skateboarders and general public to ensure the best final product.

Phase 1 of the skate park project will include the design of the project, site preparation work, construction of the first 6,000 square feet of the poured-in-place concrete, purchase and installation of some of the fencing, the Skate Park Rules/Funding Acknowledgement sign and a couple of trash cans.

On Monday evening, the City Council had a Resolution come before them to accept the CP&P grant funds. In order for Salisbury to be approved for the grant, a site for the skate park had to be selected and proposed to the DNR for approval.

“We have been working on the site for a while now and we have finally arrived at the conclusion that it will be constructed on South Park Drive,” City Administrator John Pick said.

It immediately became apparent council members were irritated over the fact the grant was approved based on South Park Drive being the selected site by administration. Members of this council and the previous version of the body advocated moving the skate park to North Park Drive.

“When you build something like this … you want to make sure it is in an area that has a certain amount of pedestrian and vehicular traffic because it is not good to be off in an isolated area, so that’s another reason why the South Park Drive is a good location because it is not overly busy, it’s not a dangerous street, but there is a decent amount of pedestrian and vehicular traffic so that there is an interaction, and it is a visible area,” Stam said.

Councilman Tim Spies stated his opposition to approving the resolution due to the grant being directly linked to South Park Drive.

“I believe it to be a terrible site, and putting the cart in front of the horse like we did with this grant, without coming to council first to investigate other sites, to even consider other sites was just backing the council into a corner,” Spies said.

Council President Jacob Day agreed the process for the city to receive the grant was flawed.

“It occurs to me that there is a logical order that would behoove us to follow in the future,” he said.

The identification and support of the council on a location prior to the acquisition of funding or the seeking of funding should come first, Day said, followed by a design.

“This does not seem like the best site to me,” Day said. “I do feel backed into a corner … with the money in hand combined with the fact that there are so many people in this community that want a skate park, regardless of where it is located … and this has my support for that reason.”

Councilwoman Shanie Shields was also in favor of moving the skate park forward but hoped the grant process proved to be another example of how administration and the council need to work together better.

“I hope in this term the administration and the council can work together without battling, and something like this that has been going on for six years should not be a battle for our young people. They are the future of the City of Salisbury,” she said.

Councilwoman Terry Cohen, who has served since 2007, looked back at all the issues that have been working against the skate park, such as protection of the environment, attempting to work with the county to get support of this regional facility, leveraging the park for the enjoyment and economic sustainability of it and the taxpayer costs of controlling behavior and use there.

“I don’t agree that we should be backed into a corner and take something because the money is there,” she said. “Our job is sometimes to do the unpopular thing and say no. Let’s get it right before we get the money.”

Day concluded by calling upon the community to participate in the design of the skate park as well as pleaded with the administration to keep the council involved.

“The acceptance of the grant is one thing, but I want to make sure the council is kept abreast of the design process. At the very least if we can come back here to see the plans once they are developed,” he said.

The council voted 3-2 to approve the resolution with Cohen and Spies in opposition.

Multi-Agency Operation Breaks Up Alleged Marijuana Pipeline

BERLIN — A joint local, county and federal drug investigation conducted over the last several months has led to the arrests of several local residents allegedly involved in the transportation of a significant amount of marijuana from California to Worcester County.

Members of the Worcester County Criminal Enforcement Team, along with the Ocean City Narcotics Unit, the Worcester County State’s Attorney’s Office and the federal Drug Enforcement Administration (DEA), this week concluded a six-month marijuana distribution investigation with a significant pot bust.

During the course of the investigation, a suspect identified as Michael Gates, 24, of Bishopville, was monitored as he traveled back and forth from the Redding, Ca. area to Worcester County. Gates is believed to have been facilitating the transportation and shipments of numerous packages of high-grade marijuana from California to Maryland.

During the month of May, the Worcester County Criminal Enforcement Team executed multiple search and seizure warrants at various residences and a storage facility in the county that Gates used to facilitate his alleged operation. At the conclusion of the investigation, a total of 7.5 pounds of marijuana was seized along with roughly $30,000 in cash.

Gates was arrested and charged with possession and possession with intent to distribute marijuana. He was taken before a District Court Commissioner and was ordered to be held on a $45,000 bond.

 Also arrested was David J. Gates, 28, of Bishopville, who charged with possession and possession with intent to distribute marijuana. David Gates was ordered to be held on a $35,000 bond.

In addition, Michael T. Herr, 23, of Berlin, was arrested and charged with possession and possession with intent to distribute marijuana and was ordered to be held on a $5,000 bond. Michael T. Herr, 53, of Berlin, faces the same charges and has been issued a criminal summons.

Motorcyclist Crashes Into Truck Trying To Flee Ocean City Police

OCEAN CITY — A Delaware man was seriously injured on Saturday night after attempting to flee Ocean City Police on a motorcycle before crashing into the back of a tow truck in the area of 32nd Street.

Around 8:40 p.m. on Saturday, Ocean City Police observed a motorcycle traveling south on Coastal Highway at an extremely high rate of speed in the area of 32nd Street. OCPD officer began pursuit and attempted to stop the motorcycle, operated by Robert George Roth II, 21, of Frederica, Del., in the area of 30th Street.

Roth initially stopped, but just as the officers were exiting their police vehicle and approaching the motorcycle, he fled again and made a U-turn and headed north on Coastal Highway in the bus lane at a high rate of speed. Roth traveled two blocks before colliding with a tow truck that was attempting to turn east onto 32nd Street from the bus lane.

Roth suffered several severe injuries and was treated at the scene by Ocean City EMS before being transported to nearby Jolly Roger Amusement Park, where Maryland State Police helicopter Trooper 4 was waiting to fly him to PRMC. Roth’s medical condition had not been updated, but sources indicate he had several broken bones and a serious laceration to his face.

The collision occurred at around 8:40 p.m. on Saturday during the height of weekend traffic on Coastal Highway and hundreds of onlookers crowded the streets in the area.

Roth has been charged with traveling at a speed greater than reasonable, failure to control speed to avoid a collision, reckless driving, fleeing and eluding, unsafe lane change, driving while suspended, and driving an unregistered vehicle.

Attorney Fee Increase Okayed

OCEAN CITY – An ongoing issue received a hesitant go-ahead this week as the City Council approved additional funding for city attorney fees.

The ordinance on the table in its final reading stated, “The City of Salisbury’s projection indicates an increase of $26,000 is needed in the FY13 appropriations for the City Attorney in order to meet the projected requirements for legal fees for the remainder of FY 2013.”

City Attorney Mark Tilghman explained he is concerned because for the first time this year the city will begin collecting personal property tax, which amounts to over 300 cases and only 10 percent of those cases have been initiated. Tilghman furthered the tax returns are sent out monthly with an expiration date.

“I do not want to go to work on that, and then find we have lost revenue we should have captured,” he said. “I would not anticipate that would take a huge number of hours … but that is something that was not considered in any of these estimates, it was all based on prior issues and this is a totally new issue.”

According to Internal Services Director Keith Cordrey, cases can be identified and prioritized by their expiration dates.

“From my perspective, that is important because we don’t want to cost the city money while we are trying to save the city money …,” Council President Jake Day said.

Councilwoman Laura Mitchell had a number of issues with the projected amount of attorney fees, such as duplication in services, the amount of “back and forth” between the attorney’s office with staff and council members and the delay in billing from the attorney’s office, which is needed to come up with a projection be appropriated in the future.

 “A budget amendment takes four votes and I don’t want to vote for this at all,” she said. “I am very upset I am in this situation but if I don’t we have no legal services for the city and everything stops …”

Councilwoman Shanie Shields opposed the move, saying, “As members of the council we are supposed to do our due diligence to watch how we spend the legal fees. We need to stay on top of it.”

Council President Jacob Day understood Mitchells concerns, saying, “To me this is an extraordinary tightening of the belt and we have to make sure we are not in this position again,” Day said.

The council voted 4-1, with Shields opposed, to amend the current year’s budget to appropriate additional funds for the city attorney.

Sides Await Ruling On Resort Noise Law Injunction

OCEAN CITY — Parties on both sides of a civil suit, filed in April challenging the town of Ocean City’s enforcement of the 30-foot rule in its noise ordinance affecting Boardwalk street performers, are anxiously awaiting a judge’s decision this week following a hearing on a proposed preliminary injunction in federal court on Monday.

On April 10, the American Civil Liberties Union (ACLU) filed suit in federal court on behalf of violinist William Hassay, Jr. against the Mayor and Council and then-acting-Police Chief Michael Colbert. The ACLU alleges the enforcement of the town’s 30-foot noise ordinance on the Boardwalk infringes on Hassay’s and other performers’ fundamental right under the First Amendment to engage in freedom of speech and expression in a public forum.

While the suit ultimately seeks a reversal of the town’s changes to its noise ordinance on the Boardwalk, the legal process could take several months to unfold. In the meantime, Hassay’s attorneys are seeking a preliminary injunction, which, if approved, would force the town to suspend the enforcement of the 30-foot rule on the Boardwalk until the case is resolved.

A hearing on the preliminary injunction was held in federal court on Monday, but after hours of testimony from both sides, Judge Ellen Hollander has not yet issued a ruling on the temporary halt on the enforcement of the 30-foot noise rule on the Boardwalk, maintaining the status quo for the time being.

“The judge heard evidence and oral arguments from witnesses on both sides and that took all day,” ACLU attorney Debbie Jeon said. “The judge did not issue an immediate ruling, but we’re hoping she will make a decision as quickly as possible.”

Jeon said despite not making a ruling on the preliminary injunction, Hollander appeared to be sympathetic to Hassay’s alleged plight and seemed inclined to endorse the temporary halt to enforcement of the 30-foot rule.

“The judge expressed a lot of concerns about the ordinance,” she said. “If the judge is going to grant in injunction, we would hope it would be sooner rather than later as the summer season is now entering the second week of June.”

The judge heard testimony from both sides during the course of the day-long hearing on Monday. In its opposition to the preliminary injunction in the form of a motion filed last week in advance of the hearing on Monday, Ocean City attorneys asserted granting a halt to enforcement of the 30-foot rule would in essence imply Hassay has a winnable case, which the town believes the ACLU has not yet proven.

“In order to receive a preliminary injunction, a plaintiff must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor and that an injunction is in the public interest,” the motion reads. “Because Hassay cannot show a likelihood of success as to any of his claims, the town should not be enjoined from enforcing its noise ordinance and Hassay’s motion for preliminary injunction should be denied.”

The town’s motion further points out Ocean City’s amended noise ordinance does not discriminate based on content, but merely the volume of noise.

“The contention that music is restricted more heavily than other forms of speech including yelling, shouting, hooting, whistling and singing, and the noise ordinance is therefore content-based is unpersuasive,” the motion reads. “The noise ordinance does not restrict or prohibit any noise on the basis of its content, but only sets a uniform volume restriction relating to the time, place and manner of Boardwalk noise. It is the volume of noise that is restricted, not the message expressed therein.”

Jeon said other street performers testified in favor of the preliminary injunction on Monday. Also testifying on behalf of Hassay was an acoustical engineer, who took tests on the Boardwalk this spring and told the judge the enforcement of the 30-foot rule was tantamount to shutting down Hassay and other musicians.

“The acoustical engineer testified it is not possible for Mr. Hassay or any musician for that matter to comply with the noise ordinance,” said Jeon. “Mr. Hassay does not use an amplifier and his violin cannot be turned down or turned up. It doesn’t have a dimmer switch. He can either play or he can’t.”

Another street performer, Milton Dean, who came before the Ocean City Mayor and Council in May to speak in favor of the 30-foot rule, testified in favor of the town’s noise ordinance on Monday, saying the rule was enforceable without infringing on the rights of the buskers. However, Dean’s testimony was disputed by noted street performer Mark Chase, a spray paint artist who won a similar case against Ocean City last year. According to Chase, Dean said the 30-foot rule was enforceable, yet he measured the distance from which Dean’s music could be heard from at least 100 feet.

Jeon said a decision is likely within the next week.