Waterkeeper Motion Maintains Hudson Farm Case ‘Not Frivolous’

BERLIN — The unsuccessful plaintiffs in a civil suit against a Berlin farm family and Perdue this week filed a motion asking the court not to award the defendants a combined $3 million being sought in legal fees and other costs associated with litigating the case.

In March 2010, the New York-based Waterkeeper Alliance, along with the Assateague Coastal Trust and the Assateague Coastkeeper, filed suit in U.S. District Court against Perdue and Berlin’s Hudson Farm after sampling in ditches adjacent to the property revealed high levels of harmful fecal coliform and E. coli in concentrations that violated the Clean Water Act.

After a 10-day trial in October, U.S. District Court Judge William Nickerson ruled in favor of the defendants Perdue and Alan Hudson, opining the Waterkeeper Alliance was not successful in proving a Clean Water Act violation. Buoyed by their victory in October, Perdue and the Hudsons in January filed a motion to recover a combined $3 million in legal fees and other costs associated with successfully defending the landmark case, asserting the plaintiffs continued to push forward with the litigation even after it appeared its position was untenable.

However, the Waterkeeper Alliance this week filed its own motion asking the court to deny the defendants’ request for the recovery of legal fees, pointing out that just because it ultimately lost the case did not prove its pursuit was somehow frivolous and, therefore, subject to an award of legal fees.

“The plaintiff’s case, although ultimately unsuccessful, was grounded in admissible evidence and expert testimony and was not frivolous, unreasonable or groundless,” the motion reads. “Contrary to the defendants’ claims, the plaintiff initiated this litigation based on accurate findings of high levels of pollutants leaving the Hudson property and sought relief to stop the runoff of those pollutants.”

In its motion to recover legal fees and other costs, Perdue argued the Waterkeeper Alliance’s relentless attack on the poultry giant and the Berlin farm continued even after it became apparent the plaintiff had failed to prove a Clean Water Act violation.

“Based on their zealous determination to proceed to trial and the court’s characterization of their actions as ‘not responsible’ and that Perdue should be ‘commended, not condemned,’ we are fully justified in in asking the court to grant us reimbursement for the cost of defending ourselves,” said Perdue Farms General Counsel Herb Frerichs.

However, in its motion filed this week seeking a denial of the request for reimbursement of legal fees, the Waterkeeper Alliance argued that just because the judge did not rule in its favor did not mean the case was groundless.

“The court, however, concluded that the plaintiff failed to prove by a preponderance of the evidence that the pollutants had come from the chicken operation,” the motion reads. “The court was not persuaded by the plaintiff’s evidence and expert testimony regarding the chicken houses’ contribution of pollutants to the drainage ditches, finding that additional testing should have occurred.

The Waterkeeper Alliance’s motion to dismiss the reimbursement claim pointed out there were several points during the process when the judge could have dismissed the case and yet allowed it to proceed to trial.

“The court should reject the defendants’ fee petitions because the plaintiff’s case was not frivolous, groundless or unreasonable,” the motion to dismiss reads. “The plaintiff was unsuccessful at trial, but its case was supported by credible expert testimony and fact evidence and survived motions to dismiss, motions for summary judgment and motions for judgment. Moreover, awarding fees to the defendants would be inconsistent with the purposes of the Clean Water Act.”

One of the tenets of the Clean Water Act is to encourage private citizens and advocacy groups to challenge perceived pollution infractions. The motion filed this week argues an award of legal fees could discourage future efforts.

“This court should hold that, absent a showing that the plaintiff’s case was frivolous or unreasonable, defendants are not entitled to attorney’s fees,” the motion reads. “Applying a lesser standard would chill the good faith efforts of citizen groups to effectuate the policy goals of the Clean Water Act.”

Essentially, the motion to deny an award of legal fees suggests just because the Waterkeeper Alliance lost the case does not mean its case was groundless and unreasonable.

“The plaintiff presented evidence at trial from which the court should have concluded the poultry operation was the source of the pollutants,” the motion reads. “Trials do not always turn out the way litigants expect them to, and the fact that one party loses does not mean that the position it took was frivolous. ….”

Major Skimmer Island Restoration Project Underway

OCEAN CITY — Work began this week on the dredging of a navigation channel at the entrance to a West Ocean City marina in a plan that includes depositing the dredged material on Skimmer Island just north of the Route 50 bridge in an effort to restore critical nesting habitat for a handful of threatened species.

In a continuation of a project that began two years ago, the Maryland Coastal Bays Program, in conjunction with the Maryland Department of Natural Resources (DNR), the Ocean City Fishing Center and Hi-Tide Marine this week started to work on a project to restore and replenish the large, low-lying island north of the Route 50 bridge known popularly as Skimmer Island.

The project includes dredging the silted-in entrance to the Ocean City Fishing Center just south of the bridge and depositing the dredged material on Skimmer Island just north of the span. The project essentially serves two purposes with the first being clearing the entrance to the marina, which fills in each winter due to natural processes. The second, and perhaps most important, element is pumping the dredged material onto Skimmer Island, a sandy, crescent-shaped spit of land just to the north of the bridge, which has eroded over the years to become a fraction of its former self.

“The dredging is a cooperative venture between the marina and the DNR,” said Dr. Roman Jesien of the Maryland Coastal Bays Program. “The marina is funding the dredging to maintain their approach channel, and the DNR needs sand to maintain Skimmer Island, which has been eroding in recent years.”

The project has been undertaken in each of the last three years, but a series of harsh storms including Hurricane Sandy last October and a strong nor’easter just two weeks ago have made it more important than ever this year. For example, last year about 600 cubic yards of sand were pumped from the Fishing Center channel onto Skimmer Island, but this year, the project calls for the pumping of around 4,000 cubic yards of material, according to Jesien.

“Super Storm Sandy and the recent nor’easter caused considerable erosion to the island, which rendered it too low in elevation to accommodate nesting royal terns and black skimmers, which are state endangered species,” he said.

Skimmer Island serves as a temporary home and nesting place for several species of colonial nesting birds, most notably the Black Skimmer and the Royal Tern, both of which are considered endangered in Maryland.

Black skimmers are short, stubby black and white birds that skim the surface of the water with the lower mandible of their orange and black razor-like beaks as they search for fish near the surface. The royal terns, also black and white, are similar but have a forked tail.

Both species are bare-ground nesting birds that require a sandy area free of predators to lay eggs and raise their young. Nesting is perilous as the birds lay their eggs just above the high tide line and must hatch and raise their young before high tides and storms wash away their temporary nesting areas.

However, the two species have seen their traditional nesting areas in coastal areas of Maryland decline rapidly in recent years to the point they are in danger of disappearing from the state’s ecological landscape. For example, in 1985, as many as 300 pairs of Black Skimmers nested and reproduced in various coastal areas of Maryland, but in recent years, the figure has dropped to as few as 25 pairs with dismal or no reproductive success. Similar figures bear out for other species such as the royal terns.

Part of the problem locally is the decline of natural islands and spits of land in the coastal bays suitable for bird nesting. Most of the small islands in the bays naturally migrate from year to year as sand is washed away from some areas and deposited in others. However, a variety of natural and man-made factors have changed the equation.

For example, when Skimmer Island was surveyed in 1998, it measured 7.1 acres. In 2003, it had been reduced to 5.6 acres, and in 2007, it was down to 3.9 acres, or roughly half the size it was a decade earlier. In the most recent survey, Skimmer Island had been reduced to just 2.7 acres. Jesien said this week the annual pumping of the dredged channel material onto the island is an attempt to restore Skimmer to its former size, or at least maintain it.

“The sand placement is designed to raise the elevation of the island to maintain areas above high tides so that the birds can nest and raise their young,” he said. “The islands in the coastal bays are the only nesting sites for these birds in Maryland. Once the birds return to Skimmer Island in the spring, the island will be closed so as not to disturb them as they nest and raise their young.”

Staging work began this week with a large boom set up to pump sand from the channel on the south side of the bridge to the island on the north side. The dredging is expected to be completed by April 1 in order to protect young summer flounder and spawning horseshoe crabs that will soon enter the coastal bays, but site work might continue on the island until mid-April. Although the area is popular for clamming, the public is urged to keep off the island while the birds are nesting so that they are not disturbed during the critical time in their life cycle.

School Resource Officer Proposal Could Cost $1.6M In First Year

SNOW HILL — A trained, active School Resource Officer (SRO) is a necessity in every Worcester County Public School facility, said Worcester County Sheriff Reggie Mason this week, but it will come with a steep cost ranging from $600,000 to $1.6 million depending on the county’s preferred course of action.

“No child should feel in danger when attending our schools,” Mason told the Worcester County Commissioners Tuesday. “Our children need to be learning, not sitting there thinking about if some crazy nut might enter the school to harm them. Our job is to reassure them we will not let this happen.”

After the tragedy at Sandy Hook Elementary School in Connecticut in December, the Worcester County Sheriff’s Office and the Board of Education formed a security council that produced several recommendations for school safety improvements, chief of which is adding 13 trained and armed SRO’s to all public school facilities. There are 14 public schools in the county, with two sharing a building.

Putting full-time officers with uniforms and vehicles in schools would cost a little over $1.6 million the first year, according to Mason, and about $1 million the second year with costs likely to dip slightly after that. While both the Sheriff’s Office and the school board have requested the commission approve SROs, Mason said Tuesday that he understands how expensive the program would be to implement.

“I have no idea where you can find the money,” he said.

However, he remained adamant that the officers are critical should an emergency occur, especially something like an armed intruder. Waiting for a SWAT Team to arrive burns too much valuable time when a hostile intruder could increase casualties, Mason continued.

Having an officer, especially one trained to immediately rush toward gunfire and insert a presence, would drastically improve school safety.

“I feel a trained, active shooter is needed for each school,” he said.

With the county facing a $7.3 million shortfall heading into their next budget this spring, though, several commissioners underlined that as much as they desire complete school safety there are realistic limits when building a budget.

“We hear it from both ends,” said Commission President Bud Church, referring to pressure from parents asking for more security measures and other residents demanding budget austerity.

Commissioner Virgil Shockley advised looking into part-time only SROs, usually retired law enforcement officers who would go through the security program. Like their full-time counterparts, part-time SROs would be armed and trained but they would not have county vehicles and would only work during the school year.

Such a scenario could work, according to Mason. As part-time employees without vehicles, the first-year cost would “be no more than $600,000,” the sheriff estimated. Having vehicles in front of schools would be preferable, Mason added, but with budgets strapped the cheaper alternative option would still ease the fears he said he experiences every day. Police are still visiting schools during opening and closing and performing regular spot checks throughout the day, but full-time supervision is needed and should be put in place as soon as possible, Mason concluded.

The training period for SROs can be between three and four months all told, explained Sheriff’s Office Lt. Andy McGee, so the ball needs to get rolling this summer if the county wants officers in schools by the end of August. With either SRO option, Church asked if there might be some outside funding available such as state or federal grants.

“We are anticipating the federal government will offer some funding to offset the costs,” answered McGee.

McGee added that how much money, if any, that could be is a complete unknown at this point and impossible to plan around.

Mason will be returning next Tuesday during a commission budget work session to further present figures on SRO options like the part-time option Shockley detailed. It was welcome news for some parents in the audience that the commissioners are continuing to consider armed safety officers in schools. But there are still concerns about what can be done for the remainder of this school year.

“Our kids are unprotected,” asserted parent Jackie Cutlip, who has regularly attended and spoken at County Commission and Board of Education meetings since the Sandy Hook shootings this December.

Cutlip, who was joined by several other parents with children in Showell Elementary School (SES), thanked the commissioners and the sheriff for recognizing the benefit of SROs for next year. She asked though, as she has at previous meetings, why more security measures such as locked doors, card swipe systems or stricter surveillance is not in effect today.

The Board of Education has asked for funding for school safety improvements such as new entry systems for next year and has expressed unease with locking down school facilities without some of these support measures in place, as it would greatly limit access to parents or other authorized visitors.

Still, Cutlip remains unsatisfied with the current level of security and asked the commission to work with the school system to implement something for the remainder of the current school year. Several on the commission admitted that they would like to see immediate improvements prior to the budget being finalized.

“Why can’t we implement some little things right now?” asked Commissioner Merrill Lockfaw.

Commissioners Judy Boggs and Jim Bunting agreed.

“We don’t have to wait until we have deputies in every school to lock the doors,” said Bunting.

County Attorney Sonny Bloxom reminded the commission that all of those decisions are the purview of the Board of Education and while the commissioners and public are free to share their concerns with the board, they make the ultimate call on locking schools. It’s fair to state that the commission could approve less expensive safety improvements like keycard entry systems or additional security cameras ahead of the budget. Church told Board of Education members earlier this month that the commission “understands the urgency” and would like to see safety improved as soon as is realistic.

Table Games At Casino Still Under ‘Consideration’

SNOW HILL — Table games at the Casino at Ocean Downs are under “serious consideration,” according to General Manager Joe Cavilla, but there are no concrete plans in place currently.

Cavilla was on hand during this week’s Local Development Council (LDC) meeting to update the group on what’s new with Ocean Downs. He said improvements are being made to parking and the race track. Additionally, Cavilla confirmed that casino revenue this year has been “flat” with what was earned last year, though a strong summer is anticipated.

“Table games are being seriously considered is the way I would put it at this point,” Cavilla told the LDC after being asked if the casino was moving in that direction. “That is a lot of construction that would have to happen at the facility to bring them in. Because of how restrictive the original license was, there weren’t a lot of extra things done to the building to bring it on line.”

When the much-discussed state legislation approving table games passed last year, Cavilla said that Ocean Downs was glad to have the option opened up but isn’t willing to go the same route as some larger casinos and remove slot machines to make room for table games like poker, black jack or roulette.

“We did not feel it was in our best interest to remove 300-400 machines because of our size to bring table games in,” he said.

Even if the casino was willing to sacrifice machines for tables, Cavilla pointed out that the facility would still lack some of the secondary infrastructure in place to support table games.

However, Cavilla revealed that his organization is still weighing making significant structural upgrades to allow the installation of table games and expects an announcement either way in the near future. After discussing table games, he also spoke about the casino’s slot revenue for the year, which is about even with last year.

“The revenue for the casino is flat with last year right now,” Cavilla said. “Last year we were able to report some decent growth but right now it’s pretty much flat.”

In December of 2012, the casino had posted roughly $46.5 million in revenue for the calendar year-to-date.  

There are a number of reasons for this stagnation, according to Cavilla, not the least of which was the opening of the Maryland Live! Casino in Anne Arundel County this fall. Though the location is well-removed from Worcester County, it still serves to draw off some business, especially from gamblers across the bay, said Cavilla. With all things considered, he added that maintaining revenue rates this year has been better than anticipated.

“Quite frankly I am pretty satisfied that we are flat,” Cavilla said.

There might be some light on the horizon as well, he continued, with Ocean Downs expecting a very healthy summer this year in terms of tourism in the county. Citing early hotel bookings as one indicator of a strong upcoming tourism season, Cavilla told the LDC that a lot of signs are pointing to a busy summer, which generally translates into healthy revenue for the casino.

While not directly related to slots, Cavilla also spoke about some improvements being made to the Ocean Downs’ facility and its harness-racing track.

“As far as the activity on the property right now, you’ll see that we’re constructing parking lots out front,” he said. “Some of the construction was delayed due to the rain, unfortunately. We’re also doing some improvements to the race track itself.”

With the addition of stabling areas, Cavilla explained that the track at Ocean Downs will be able to hold more horses for events with less hassle.

“We’ll be able to handle a significantly larger number of horses during a race meet without having to swap them in and out throughout the evening,” he said.

The racing calendar has also been expanded to 48 days for next season, an increase of four days from last summer. The schedule hasn’t been released yet, though Cavilla expects its publication soon.

After hearing Cavilla’s report, Snow Hill Mayor Charlie Dorman, who was recently added to the LDC, asked his fellow members about the distribution of casino funds to the area. Ocean Downs contributes a portion of all slot revenue to Worcester at large and several local municipalities. Dorman noted that neither Pocomoke nor his own Snow Hill receive a direct slice of that pie.

“When I look at this breakdown of the revenue you have here, I don’t see Snow Hill getting anything; I don’t see Pocomoke getting anything,” he said. “And I wonder why.”

The revenue from the slots is significant. Ocean City received over $433,000 in funds last year while both Berlin and Ocean Pines received more than $216,000. Worcester County itself received nearly $1.3 million in Fiscal Year 2012 not counting the funding given to local communities.

County Public Information Officer Kim Moses explained that when Ocean Downs was given permission to add slot machines the owner agreed to supply a portion of that revenue to the county as well as Ocean Pines, Ocean City and Berlin, the three communities that would be impacted by the slots and might have to deal with things like extra traffic or calls for police and emergency services. Though Pocomoke and Snow Hill aren’t considered directly impacted by the slots and therefore don’t receive individual funding, the money that goes to the county at large can help those towns, according to Moses.

For example, slot revenue was used to purchase additional county police vehicles as well as pay debt service on the Worcester Technical High School, which is located in Snow Hill and serves the entire county.

“That doesn’t help Snow Hill,” argued Dorman.

His community is the poorest in Worcester, the mayor continued, and would benefit greatly from direct funding. LDC Vice Chair Jim Rosenberg pointed out that the decision on how revenue is dispersed was made at the state level.

Fire Chief Supports Private Meetings With Employees

OCEAN CITY — As City Manager David Recor holds private talks with members of the Ocean City Fire Department (OCFD) this month, Fire Chief Chris Larmore has made it clear he is not worried about what his superior is going to hear from his personnel.

With questions continuing to abound about general operations with the OCFD and at least two internal investigations being conducted — one by the city’s labor law firm, Miles & Stockbridge, and another less formal one by Recor and Human Resources Director Wayne Evans — Larmore is endorsing the city manager’s decision to meet privately with staff members under his domain without command staff present.

“That originated from a staff meeting [back in January]. I invited Mr. Recor to that meeting. I and my command staff have nothing to hide. David made a comment at that meeting that he is very much into an open management form of government and that he reaches out to all the employees of the town of Ocean City. He said he wanted to let everybody know we are all here together as a team,” Larmore said. “What started as a simple introduction of sorts somewhere has been misconstrued that we are going to go out to the firehouses, and we are going to fix problems and hear something.”

The chief expects the meetings to be a rehashing of what Recor, Evans and members of the Mayor and Council already heard during the recent union contract negotiations as well as what was documented in a slew of recent grievances that have been filed against recent decisions made by the OCFD.

“He’s not going to hear anything he hasn’t already heard,” Larmore said. “Trust me, the few who may not be pleased have expressed their opinions loud and clear already, and we just went through [union contract] negotiations and that’s a time when a board made up of those who go into to negotiate have the audience to review schedules and concerns. That audience included Mr. Recor, Mr. Evans, the mayor and other members of the council. It’s all out there already … I have absolutely no concerns. I hope it’s meant with the intention it was originally meant. I have absolutely no objections, nor should I.”

As of last Friday, Recor had met with three “platoons” of career firefighter/paramedics to hear concerns and gauge whether they are “something that needs to be addressed at the management level” or are union matters.

Larmore said he welcomes specific areas of criticism from detractors; whether it’s his own displeased employees or their spouses who recently formed a support group that continue to meet regularly. He said he challenges the media and the disgruntled group of career firefighter/paramedics to bring specific incidents where he handled an area of concern inappropriately.

“I have the shoulders. It’s my job and I have to take it. It still comes down to one question. I want to know the one thing that someone has brought to me that was not appropriately dealt with. I want one thing and nobody can give that to you. If it was reasonable, they got it. They can’t bring anything they didn’t get. That’s a fact,” Larmore said. “I plead to you bring one thing to me that someone asked for that a layperson or an educated professional can say, ‘chief you should have taken care of this and you didn’t’. Bring it forward. I challenge you or any of them for it.”

Meanwhile, Miles & Stockbridge is expected to appear before the Mayor and Council in the near future to issue a report and make recommendations based on an internal investigation it conducted after an OCFD captain filed a complaint with the Equal Employment Opportunity Commission (EEOC). The complaint reportedly deals with the alleged harassment the female captain specifically faced after she and another lieutenant were promoted. The EEOC refused an attempt by this newspaper to review the complaint last year.

While that investigation was being led by the law firm, another review of the OCFD operations is underway with Recor and Evans meeting with the individual firefighter/paramedic crews. Once those meetings are complete, the council is expected to be briefed.

Larmore reiterated his department has nothing to hide and welcomes the internal meetings, which stem in part from career firefighter/paramedics informing city officials of a “hostile work environment”. Larmore disagrees that he fosters that sort of climate and takes umbrage with the accusations from the support group that career firefighter/paramedics are weary of going public with their concerns out of fear of retribution.

“I adamantly disagree with this concept of retaliation. In today’s world, that is the last thing any department head is going to be able to do. It’s the complete opposite. If any of my employees went down to City Hall and said the chief is picking on me, they would investigate that and I would have half of my time invested in it. I am not being retaliatory as a department head. It isn’t going to happen,” Larmore said. “That’s absolutely an excuse for a person who for whatever reason has chosen not to come forward.”

County’s Rezoning Decision Overturned In Court

BERLIN — A visiting Worcester County Circuit Court judge this week overturned last year’s controversial property rezoning decision by the Worcester County Commissioners, but an attorney for the property’s owners has confirmed the ruling on the land off Route 589 will be appealed.

The roughly 30-acre parcel near Ocean Pines is owned by Jack Burbage through Burbage-Melson Inc. It currently exists in an A-1 agricultural zone. In August of 2012, after months of hearings and discussion, the County Commission voted to change the property’s zoning from A-1 to C-2 commercial. Burbage requested the re-zoning with the expectation that the property would host a new medical campus, though there was no official commitment, and commercial zoning would allow a wide range of uses.

At the time, Burbage’s attorney, Hugh Cropper, had successfully argued that the installation of slot machines and further expansion of nearby Ocean Downs racetrack represented a major change to the neighborhood that would justify altering the property from agricultural to commercial zoning. A group of petitioners protested the decision, however, and on Monday Judge Raymond Beck overturned the re-zoning after an open court hearing.

Petitioners included county residents Jeanne Lynch, Carole Schauer, Paul Bredehorst, Walter Stansell Jr, and Pamela Stansell. Besides Burbage-Melson Inc, Silver Fox LLC was also listed as a respondent and was likewise represented by Cropper.

“The commissioners had re-zoned the property on the grounds that there had been a substantial change in the neighborhood since the last comprehensive re-zoning in that area in November of 2009, and our position was there wasn’t any evidence of a substantial change in the character of the neighborhood since 2009,” said Raymond Smethurst, attorney for the petitioners.

Smethurst and Cropper agreed that their conflicted arguments both centered on the Casino at Ocean Downs and whether the addition of slots as well as other expansions altered the neighborhood in a way not anticipated in the county’s current comprehensive plan.

“The primary issue in the case was whether there has been a substantial change in the neighborhood … I think there’s no question that’s a change in the character of the neighborhood,” Cropper said Wednesday.

Smethurst and the petitioners he represented believe that’s not accurate. While he acknowledged that the casino wasn’t built until after the commission did their most recent comprehensive re-zoning in 2009, Smethurst argued that slots were already a “known factor” by that point.

“The casino was built after 2009 but it was something that was known about before the County Commissioners did their comprehensive re-zoning in 2009,” he said. “The casino was a known factor at the time they made their comprehensive re-zoning in 2009.”

Cropper had a different opinion, saying, “I totally disagree with that.”

The comprehensive plan doesn’t consider all of the possible expansions to Ocean Downs, Cropper continued, which besides slots could include in the near future amenities like a bowling alley and movie theatre and possibly table games.

“It had nothing to do with the intensification of the use, how big it would be,” he said. “Now the laws changed where they’re going to allow table games.”

Having attended the November 2009 comprehensive re-zoning, Cropper added that, in his opinion, the commissioners were not operating with the casino as a “known factor” as Smethurst argued.

“I was at the hearing and I can tell you for a fact the County Commissioners did not contemplate the casino coming when they made this zoning decision,” he said.

The court sided with the petitioners however, ruling against Burbage-Melson Inc, Silver Fox LLC and Worcester County, which was a co-respondent in the hearing since the County Commission had previously approved the re-zoning. Attorney Sonny Bloxom was unavailable for comment this week.

The commissioners had not been unanimous on the approval last August, though, with the vote split at 4-3. As one of the officials that voted against the re-zoning, Commissioner Virgil Shockley saw the ruling this week as affirmation of a prediction he made more than six months ago that “a judge will take 20 minutes and laugh” the case out of court.

By all accounts, the hearing lasted about two hours and it’s doubtful there was much comedy involved. Still, Shockley chalked it up as a victory and took a jab at the four commissioners who had voted in favor of re-zoning.

“It’s good to know that we had a judge that upheld the rules for re-zoning,” said Shockley. “You just can’t make up your own rules even if you’re an elected official.”

While a judge may have overturned the re-zoning now, Cropper confirmed that his clients will be filing an appeal to the decision in the near future.

‘Lucky Summer’ Campaign Planned For Ocean City

OCEAN CITY – This summer in Ocean City will be the “Lucky Summer of ’13” as the town will continue to focus its message on deals, discounts and free events.

The town’s advertising agency, MGH, reveled last Friday during a Tourism Commission meeting this summer’s marketing campaign will be called “Lucky Summer of ’13”.

Last summer the Ocean City advertised the “Summer of Thanks” that highlighted the value in vacationing in Ocean City.

“One of Ocean City’s great assets and is a huge value to our visitors are all the deals, discounts and free family friendly events that we are looking to expand and grow on year after year,” MGH Account Manager Alison Fiorelli said. “We want to make sure that our potential visitors know that they are really in luck when they are coming to Ocean City. We offer them great deals while they are planning their vacation but then once they get here we are offering free things for them to enjoy with their family and great deals on entertainment and night life, things that will make their entire stay and vacation affordable.”

This summer Ocean City will once again offer a sweepstakes for one lucky family to win an all-expense-paid vacation with other minor prizes given away throughout the summer season.

The “Lucky of Summer of ’13” message will be advertised on TV using a combination of previously recorded and advertised Rodney the Lifeguard commercials where Rodney appears to save people from their everyday life and escape to Ocean City. The difference will be the commercials will end with a different tag that will say, “Go to ococean.com and click on Lucky Summer of ’13 for special deals and discounts.”

“So without having to do new creative we are going to use the spots that we have, so we are going to save that money to put towards more weeks on air,” MGH President Andy Malis said.

MGH Director of Social Ryan Goff took over the presentation to reveal the new initiatives taking place for Ocean City in social media. Besides Ocean City’s existing pages on Facebook and Twitter, new this year will be a Instagram profile.

Instagram is a photo-based social network where users can directly upload and share a photo from their mobile device. Instagram has 90 million active users, 40 million photos uploaded per day, 8,500 likes on photos and 1,000 comments on photos uploaded per second.

Ocean City’s own profile on Instagram will be created and an Instagram feed will be pulled into Ocean City’s Facebook page where photos will be filtered and placed for all to see by a user hashtagging #ocmd to their photo.

“To reward people for participating in the program and using that hashtag, we will select a Instagram photo of the week, and the person that is given that title will receive a Lucky Summer of ’13 T-shirt,” Goff said. “To encourage further usage of the hashtag and the Instgram platform, we would like to create what we are considering Instagram hot spots throughout the town. So in various places, whether it is the boardwalk or businesses, we encourage people to take a photo because it is an Instagram hotspot and upload it right to the Instagram account using the hashtag for a chance to appear on our Facebook page and a chance to win a t-shirt.”

In addition to implementing an Instagram profile, a new program will appear on Ocean City’s Facebook page called Deals of the Week, where exclusive offers and promotions will be shared for Ocean City fans.

The Tourism Commission was enthusiastic over this summer’s new marketing campaign and additions and was in consensus to forward a favorable recommendation for the full Mayor and City Council to approve.

On Monday evening, Malis presented the campaign, and the council voted unanimously to accept it.

Awareness Key With Potential Grant Program

SNOW HILL — A joint application has been filed with Worcester County and the Anne Arundel Economic Development Corporation (AAEDC) seeking to access potentially millions of dollars in small and minority owned business account grant funds.

According to Worcester County Economic Development Director Bill Badger, the application has a high probability for success. If funds are received, however, Badger stressed that it will be up to the county to get the word out to businesses owners who could benefit.

Seeking $4.1 million, the joint application is written to provide Worcester with $500,000 per year for up to five years, a potential total of $2.5 million for the county. The money would come from a state fund that is being paid into by every casino in Maryland.

“We were prepared to make sure that any funds that were available we could get back here to Worcester County,” said Badger.

That state fund represents a strong grant source, he added, with the current pot somewhere in the $7 to $8 million range. Badger received permission to file the application jointly with the AAEDC as Worcester’s partner last month from the County Commissioners. He told the Local Development Council (LDC) this week that he is confident that the application will yield funding.

“Our application is officially in. I can tell you it’s a very strong application,” said Badger. “We’re optimistic. I think we’ll know something in the April timeframe.”

Partnering with AAEDC was unexpected, according to Badger, but is Worcester’s best chance to submit an impressive application.

“I wanted to make sure we were in a lead position if we were going to seek funding, versus being blended into an application representing all of the Eastern Shore counties,” Badger said.

Badger, who worked for the AAEDC prior to coming to Worcester, told the LDC that the organization approached him with a joint application. Because of the significant staffing and resources that Worcester lacks, Badger felt it was a win-win situation for both sides to enter into a partnership. The County Commissioners agreed.

If approved, the actual funding for the first year would available by July 1. Should Worcester receive a portion, Badger said the key will be letting eligible businesses know that new opportunities will be available.

“Part of the challenge is getting the word out within our community that it’s out there … I don’t think it’s really been out in the public eye too much,” he said.

Any money that Worcester receives will be structured as low-interest business loans that will be available for small and minority owned businesses. Badger noted that in Maryland, a business owned by a woman qualifies as minority owned. Because the overall state pool functions as a revolving business loan fund, he added that with careful management money should be available every year and only continue to grow as more casinos come online in the state.

If the application is successful and the funding made available, Badger promised the LDC that his office will try to be as open to requests for loans from businesses as possible.

“It’s pretty flexible, and I want it to be flexible because I want to make sure if there’s an opportunity to work with us that we’re not so rigid in our criteria that we don’t look at it,” he said.

Jim Rosenberg, vice chair of the LDC, told Badger the program has potential as a booster shot for struggling businesses and that there is “so much need for the money.”

Concessions Proposed In Casino Liquor Squabble

BERLIN — One week after a dust-up over potential legislation allowing the Casino at Ocean Downs to serve alcohol 24 hours a day and a subsequent proposal to move up the sunset provision for the county Department of Liquor Control’s (DLC) wholesale operation, it appears the parties involved are closer to a solution amenable to everyone.

Last week, feathers were ruffled when it was learned an amendment could be added to a bill in the General Assembly addressing other issues related to Worcester County’s liquor laws that would have allowed the Casino at Ocean Downs to serve alcohol 24 hours a day. Four of the five approved casinos in Maryland have the state authority to serve alcohol during all of their hours of operation including, for example, the Maryland Live Casino in Anne Arundel County, which is open 24 hours a day.

Last week, it became apparent the Casino at Ocean Downs was trying to gain the same authority. With the current session now past the halfway mark, an effort was undertaken to allow the Casino at Ocean Downs to offer alcoholic beverages during its hours of open operation, presumably 24 hours if the facility expands to those hours in the future. Already the Ocean Downs casino is open 24 hours a day on the weekends, but must cut off alcohol sales at 2 a.m. just as all other establishments in Worcester County now do.

The proposed change rankled the liquor license holders in Worcester, most of which are concentrated in Ocean City, because of the perception it would create an unlevel playing field for bars and restaurants that would still be held to the firm 2 a.m. closing time while the casino just miles away could continue to serve all night, or at the least a couple hours beyond the current 2 a.m. cutoff time.

As a result, the license holders pushed for a concession on their behalf in the form of an earlier disconnect date from the county’s DLC wholesale operation. As part of the legislation that dissolved the old LCB and created the county-run DLC, the licensees were required to continue to purchase wholesale liquor from the county until July 1, 2016, at which time they would be able to purchase their spirits on the open wholesale market. In a conciliatory move pitched last week, the sunset date would be moved to July 1, 2014, allowing licensees to test the private sector wholesale market two years earlier than initially expected.

Throughout the back-and-forth conversations last week, the county was the party that appeared to have the most to lose and the least to gain. However, it now appears a solution is on the table that could be agreeable to all parties involved. Senator Jim Mathias (D-38) reported the discussions are ongoing and an amendable solution could be near.

“It looks like things are moving forward, but it’s a work in progress,” he said. “Mr. Rickman agreed to compromise on some things and the county is looking at language in an amendment that might let the licensees opt out of the DLC earlier.”

After a few days of finger pointing and innuendo last week, it now appears the parties are working on a final amendment, according to Mathias.

“All of the parties are talking and everybody appears willing to make some concessions,” he said. “Everybody is at the table. It appears progress is being made to a sensible conclusion. I’m cautiously optimistic about the whole thing.”

Delegate Mike McDermott (R-38B), on whose House Bill the amendment would be attached, said the proposed language includes a little something for each party involved. For example, the casino would be allowed to keep selling alcohol until 4 a.m. when they choose to, although the casino would be the only licensee to be allowed to do that. However, for years, local bars and restaurants have been able to serve beyond 2 a.m. on certain occasions, such as New Year’s Eve, for example.

For the licensees, the concession could be an earlier sunset date on the DLC wholesale monopoly. Currently, the licensees purchase exclusively through the DLC although that arrangement is set to expire in 2016. If the amendment goes through as written, that sunset date could be moved up to July 1, 2014. 
“That’s going to expire in the near future anyway, but if this goes through, it would put them basically on a one-year countdown clock,” said McDermott. “That’s a concession for the licensees, who felt they were put at a competitive disadvantage if the casino was allowed to serve later.”

Worcester’s advantage in the whole tit-for-tat process would be a relaxing of the rules on from whom and where the county could purchase its wholesale liquor.

After much saber-rattling and teeth gnashing last week, it now appears there is a solution afoot, according to McDermott.

“For a lot of reasons, things got a little off course last week, but fortunately, it looks like we were able to get things back on track,” he said. “I hope everybody sees this as a good outcome because I think there is something in this for everybody.”