Offshore Wind Passes Senate, Awaits Governor’s Signature

OCEAN CITY — A future offshore wind energy farm became closer to reality than ever from a legislative standpoint late last week when the Senate approved Gov. Martin O’Malley’s legislation by a vote of 30-15.

The State Senate approved O’Malley’s Maryland Offshore Wind Energy Act of 2013, making the governor’s signature on the legislation the final legislative piece of the puzzle after two earlier unsuccessful attempts. The House approved the bill in late February by a vote of 86-48, setting up a final vote last Friday before the entire Senate, which had been a stumbling block in each of the last two sessions. With the Senate approval, the bill is now back in the House for some minor reconciliation with that chamber’s version and will likely head to the governor’s desk for final approval.

The proposal calls for a vast wind energy farm of as many as 40 turbines off the coast of Ocean City in an area designated as a Wind Energy Area in a range from 10 miles to 30 miles offshore. The intent is to diversify the state’s clean energy portfolio by providing as many as 200 megawatts of electricity for Maryland and the mid-Atlantic region.

The future wind farm would connect to a larger main transmission line offshore that would come ashore at some point along the Maryland coast and connect to the transmission system on the mainland for distribution across the grid. While praised by many for its clean energy contributions, the proposal is also expected to create hundreds of temporary and permanent jobs.

Senator Jim Mathias (D-38) was among the state senators who voted in favor of the bill last week.

“I’m proud of that vote,” he said. “If we can get out there and harvest that wind power, this is forward-thinking legislation. The Public Service Commission will make sure this is a win for the people of this state.”

Opponents have pointed out the proposed legislation calls for a surcharge on residential and commercial electric bills for Marylanders, essentially creating a taxpayer subsidy for what will largely be a private enterprise. However, Mathias said history is ripe with examples of taxpayer-subsidized infrastructure projects.

“When you stop and look at publicly funded infrastructure, you’ll see that 50 percent of the funding for the B&O Railroad was provided by the state and look at the value of what that system has done for us,” he said. “The same goes for the highway system and the space program for that matter. There are things that came out of those that we use every day.”

Other groups changed their opinion on the proposed offshore wind farm, taking an “if you can’t beat them, join them” attitude. For example, the Coastal Association of Realtors (CAR) formally opposed the governor’s proposal, but now appear to embrace the concept, according to CAR spokesperson Joan Strang, who addressed the Ocean City Economic Development Committee (EDC) on Wednesday.

“We did oppose the offshore wind bill, largely because of the contributions required of the residential and commercial ratepayers,” she said. “But it is going to create jobs, and it will make us an exporter, and not an importer, of electric power.”

Environmental groups around the state have praised the and were pleased with the Senate vote last week. For example, Chesapeake Climate Network Executive Director Mike Tidwell shared Mathias’ view of the public investment in the private enterprise.

“This bill is to offshore wind power in the mid-Atlantic what the early railroads were to American transportation,” he said this week. “It’s a driver of innovation that will create jobs, enhance our economy, improve public health and protect the climate.”

Environment Maryland President Tommy Landers said the bill’s approval represented the state’s willingness to embrace energy alternatives.

“With today’s strong vote of 30-15, the Senate of Maryland is acknowledging the reality of global warming, the reality of the need for truly clean energy and the reality of the many benefits of offshore wind power for Maryland,” said Environment Maryland Director Tommy Landers. “These initial steps towards offshore wind power have been the most difficult, but they will turn out to be the most important.”

Meanwhile, not everyone was ready to celebrate the bill’s passage. Change Maryland Chairman Larry Hogan said this week the “feel good” green legislation only masked what is essentially another tax on tax-strapped Marylanders.

“It seems Martin O’Malley’s priority it to make electricity and motor fuels more expensive,” said Hogan. “There are no assurances that this offshore wind proposal will not devolve into crony capitalism that rewards the friends of the governor and political donors. While there may be political support for offshore wind among narrow special interest groups, 96 percent of Marylanders are opposed to higher taxes. And make no mistake, the governor’s offshore wind proposal is simply a tax by another name.”

OC Fire Chief Presents Council With Quarterly Report

OCEAN CITY – Despite the ongoing ripples of controversy that have recently made headlines, the Ocean City Fire Department (OCFD) continues to exceed national expectations, according to its chief.

This week Fire Chief Chris Larmore presented to the Mayor and City Council and public the quarterly Fire/EMS report starting with the department holding onto an exceptional response time.

For the past four years, the department has done extensive research and monitoring of response times and has maintained an average of four minutes and 30 seconds. According to Larmore, the American Heart Association recommends a sub eight-minute response time.

For the OCFD, the average in 2012 was four minutes and 33 seconds while receiving about 6,000 calls for service. Compared to 2011, the past year showed an increase in calls for service. The call volume of the OCFD is closely monitored to best enable the department to schedule and distribute personnel and equipment for anticipated needs.

Crew status is also closely monitored within the department while constantly being challenged by the economy. The department has been able to maintain its current practice of having at least one crew available for a call for service at all times. When the department is out of crews, it is handled by splitting crews, supervisors or volunteers.

“I am very pleased to announce at no time in 2012 did the OCFD stack the call,” Larmore said. “What I mean by the term ‘stack the call’ is when a call is dispatched a unit was dispatched to that call. Again, that is a remarkable achievement when you think about all of those 6,000 calls … by and large, there was always a resource sent to every single call in 2012 when a call came in.”

The OCFD is requesting 12 new full-time employees in its upcoming budget. Larmore explained the last new hires were acquired about seven years ago, with the subsequent retirement/resignation of seven persons three years ago. A complete study was performed that identified a shortage of an additional six full-time providers prior to the reduction. This continues to be based on the large number of part‐time workers exceeding standard full‐time hours, among a list of other challenges.

“As we have over the history of the fire department, we are up to the challenge, we are going to make it, and I assure you we are going to provide the service this season,” he said

Larmore furthered, the OCFD recognizes the continued necessity to review all aspects of the department’s delivery service and is preparing an analysis of customer service.

As part of that analysis, the department has an internal “chart review” process, where patient reports are reviewed for protocol compliance and actions. This will be expanded in 2013.

The OCFD is also developing a process not only for internal review but of the final delivery of service, including a survey form sent to each patient or contact and random follow-up phone calls.

“I can count on one hand the number of complaints we have received in 2012. That was far outweighed by the positive notes and compliments and reviews we have received … anything that we can do to receive feedback on the type of service we provide, not only on response time and equipment, but more importantly customer satisfaction,” Larmore said.

In other department news, the process leading up to the reconstruction of Fire Station 4 is ongoing as the final plan is being modified and the project will go out to bid in the near future. Larmore does not expect the project to begin until after the summer but assured the relocation of personnel and equipment when that time comes will be announced.

The Ocean City Volunteer Fire Company, one of the three divisions within the OCFD, is expected to grow larger this year as the trend in the past five years reflects a constant increase. Currently, the total membership stands at 291.

“Their membership is holding its own, if anything it is improving modestly and when you look at a nationwide trend it is quite remarkable,” Larmore said.

The Fire Marshal’s Office, another OCFD division, continues monitoring the high-rise initiative that began eight years ago in getting Ocean City’s buildings up to par for fire safety. Larmore added the Fire Marshal’s Office is in charge of training for the entire department and the OCFD has received high marks on an ISO (Insurance Services Office) report regarding department training.

Next, Larmore announced recently the OCFD was approved for a $400,000 grant to replace Self-Contained Breathing Apparatus (SCBA), which is the air tanks personnel wear in hazardous conditions.

“Needless to say it is very competitive in today’s economic environment to try to get grants,” Larmore said. “It is not like it was five to 10 years ago and for Ocean City to be successful to receive a $400,000 grant is quite remarkable … we would have had to actually had to fund this over the next 200 years.”

In late September a massive fire broke out on 37th Street in the Bradley in the Bay complex, resulting in the demolition of a three-story apartment building. Larmore has assigned personnel to complete a detailed review and critique of the incident to not only determine what caused the fire but how it spread so quickly so that other buildings that have similar construction are assigned with a pre-plan.

“One of our concerns is for an incident to occur at 6 o’clock at night with that many people around and there was quite a flame spread that we were not accustomed to have a building being fully involved in that short of time,” he said. “So we do have concerns, had that happenned in the summer time we really need to be on our game to protect our citizens and our visitors.”

Larmore’s final item was to announce the completion of the new fire boat that is currently undergoing sea trials. Personnel began training four years ago to operate this piece of equipment.

“I have to say when the committee reviewed the boat in the first part of January, a committee of about 13-14 people were literally speechless. It is that much of piece of art,” he said. “They have done an incredible job for Ocean City … it will be an awesome piece of equipment for us.”

Larmore concluded by assuring the Mayor and City Council and public the OCFD service will not hinder in the upcoming year.

“I know that we provided exceptional service in 2012. I would like to assure the Mayor and City Council you have my word and commitment and I believe every member of the department that although we are human and not so much perfect we strive to be the best we can and we will make every effort not only meet but exceed your expectation for 2013,” he said.

Questions Surround Casino’s Expanded Alcohol Sales

BERLIN — There appears to be an effort in the Maryland General Assembly to allow the Casino at Ocean Downs to serve alcohol 24 hours a day, although there were more questions than answers swirling around late yesterday as almost none of the parties had a definitive answer about where the measure was headed.

With the current session now past the halfway mark, an effort is underway 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.

The Casino at Ocean Downs is seeking relief from the 2 a.m. shutdown time for liquor sales and it appears to have some legislative muscle behind it. According to sources, Senate President Mike Miller and House Speaker Michael Busch are pushing for either an amendment to the current bill addressing other issues related to alcohol sales in Worcester, or for a new piece of legislation aimed at strictly expanded hours of alcohol sales at the Berlin casino.

Caught in the middle are Worcester’s legislators, who appeared to change their tune on the proposed changes throughout the week as the issue continued to evolve. For example, Delegate Mike McDermott said earlier this week he and his colleagues had drafted language that would have affected the change, but backed off of it after a backlash from the liquor licensees, the county and the Board of License Commissioners.

“We had an amendment we had crafted that would have accomplished that,” said McDermott on Tuesday. “We sent it to the Worcester County Commissioners, the Board of License Commissioners and the licensees in Worcester County for their feedback. People were not ready for it. Obviously, there was opposition from the license holders, especially those in Ocean City.”

McDermott said he backed off the amendment after the groundswell of opposition in Worcester.

“As far as I’m concerned, this isn’t going anywhere,” he said. “I’ve talked to the business owners, the BLC and the County Commissioners and my promise to them is that before anything is presented, they will get a copy of it and a chance to weigh in on it.”

Complicating the issue is another element considered akin to throwing a bone to the liquor license holders who could be most affected by 24-hour-a-day liquor sales at the Berlin casino. According to multiple sources, a conciliatory measure for the licensees could be an earlier sunset date for the county’s Department of Liquor Control (DLC) wholesale operation. Currently, the DLC’s monopoly extends to 2016.

Now, as part of a bargaining chip with the license holders disgruntled by the proposed expansion of hours at Ocean Downs, serious consideration is being given to moving up the DLC’s wholesale operation expiration date to 2014 as a means of placating the bar and restaurant owners.

McDermott said earlier this week the issue blew up before any of the parties had formed a real opinion on the expansion and that the issue had cooled as of mid-week.

“There’s a process,” he said. “When these kinds of things are presented, I go to the jurisdictional body that it affects the most. In this case, that means the Worcester County Commissioners and the folks with the license board and I think we’re all in a good place with it now. Sometimes there is an alarm with people that there didn’t need to be. Sometimes, when somebody pulls the pin on a grenade, it’s hard to put that pin back in. Right now, it’s just a discussion and nobody needs to be alarmed.”

McDermott said he has heard from the licensees they wanted something in exchange if the casino was going to be allowed to serve alcohol during all hours of operation. That would likely be a provision to repeal the sunset clause for the DLC.

“Their feeling has been if this is inevitable at some point, they want something in return,” he said. “Their bargaining chip has been the sunset provision for the DLC.”

Meanwhile, Senator Jim Mathias said midweek all of the discussion about the changes at Ocean Downs and the possible repeal of the DLC sunset provision were happening on the House side and that he wasn’t privy to the discussions until the issue had reached a crescendo.

“It was never in my bill,” he said. “I never knew anything about it until it started to move in the House. The first thing I had to do was try to understand it, than I had to stop it. The liquor board, the industry, the county, the Ocean Pines Association all voiced opposition and deep concern.”

Mathias said Wednesday the opposition had tempered somewhat and all of the parties involved were working toward a solution.

“Now, it’s come around to at least having a discussion,” he said. “We need to have an open dialogue about this with all of the parties involved. Somehow, this got out on the playing field without any discussion. We have a gravely concerned industry, a gravely concerned county administration and a gravely concerned community. That’s what happens when things happen impetuously. They’ve taken a major step without any dialogue, and that’s how we got where we are.”

Mathias said he wasn’t necessarily opposed to changes in the operation of the casino and its hours, but not at the expense of those in opposition in the district.

“I want the casino to have the tools it needs to be successful, but at whose expense does it come,” he said.

However, late Thursday McDermott said the issues were being debated on the Senate side and not the House where the original amendment was proposed. Meanwhile, county officials said Thursday they were somewhat blindsided by the entire situation.

“It’s a really hot topic right now and it appears to be changing by the minute,” said County Commission President Bud Church. “The original legislation never stated anything about extended hours for alcohol sales, but it appears that’s what they’re seeking now. If it’s approved, it creates an uneven playing field for the rest of the liquor license holders in the county.”

Church said the commissioners remain opposed to the proposed changes for the casino, and certainly any proposed changes to the DLC, which provides a significant source of revenue to the county.

“The commissioners were polled informally and we agreed to send a message to our legislators opposing any changes,” he said

County Administrator Gerry Mason said late Thursday he has had conversations with the various parties, but felt the county was largely left on the sidelines.

“To be honest, we really haven’t been in the loop,” he said. “I do know there have been a lot of discussions swirling around on this and there are a lot of questions that are unanswered. It seems like the powers that be way up the chain are working this all out without much input from the county. We haven’t seen anything in writing, just a lot of informal conversations.”

Mason said in his understanding, the casino is not necessarily seeking approval for 24-hour alcohol sales at this point, but rather the authority to sell booze when the facility is open.

“From what I understand, it has to do with the hours of operation,” he said. “For example, if they wanted to be open until 3 a.m. or 4 a.m., they want to be able to serve alcohol as long as they are open. I’m not sure if they’re seeking permission to serve alcohol 24 hours, but again, we haven’t seen a bill or an amendment.”

Area Businesses Brace For ObamaCare’s Impact

OCEAN CITY — With the mandated Affordable Health Care Act, or ObamaCare, deadline still almost a year away, Ocean City business leaders this week got a primer on what the changes might mean to them, but because of the seasonal nature of the resort and the wildly fluctuating employee totals, the solution still appears to be as clear as mud.

Chris Carroll, vice president of Atlantic-Smith-Cropper and Deeley Insurance, this week presented a primer of sorts on the ins and outs of the Affordable Care Act (ACA) to members of the Ocean City Economic Development Committee (EDC). The ACA, referred to by many as ObamaCare, is complicated and reads like an inches-thick tome on tax law, but in its simplest terms, the act requires all Americans to obtain healthcare insurance from one of a variety of sources by January 2014.

Some will be able to find affordable health insurance on their own, while others will be covered by an expanded Medicaid program based on earnings in relation to the poverty level. Most, however, will be covered by mandated plans offered through their employers.

It’s complicated, but essentially, large employers, or those with 50 more full-time employees or the equivalent, will be faced with the decision to offer affordable health insurance to their staffs, called the “play” option, or be faced with significant financial penalties in lieu of offering insurance, or the so-called “pay” option.

“Large employers will have to decide to ‘pay or play,’” Carroll told the EDC this week. “They can offer a plan that’s affordable to their full-time employees, or opt to pay the penalty. In either case, there will be considerable added expense for large employers.”

For large employers opting to pay instead of play, the cost will be substantial. For example, the penalty for not offering an affordable health insurance plan comes in at $2,000 per employee per year, or about $166.66 per employee per month. With either option representing a significant added expense, Carroll this week urged resort business leaders to start preparing for the inevitable.

“January 2014 seems like such a long way off, but we’re here now,” he said. “What do we do now as far as planning? Large employers with 50 or more employees will be asked to pay their share, whether by providing insurance or paying a penalty.”

Most resort area businesses see their payrolls balloon during the summer season and drop back down during the off-season months. Many subsidize their core full-time staffs with part-timers during the hectic summer season, but even those could be combined to account for more full-timers.

Carroll explained the definition of a full-time employee is somewhat complicated in terms of what it means for the ACA. In its simplest terms, a full-time employee is one who works 130 hours per month. In terms of the ACA definition, two part-time employees who work a combined 60 hours per month will be considered one full-time employee.

There are creative ways of getting around the large employer designation, but almost none of them are attractive. Most obviously, employers can carefully manage the productive hours of their employees, which most successful business owners and managers do anyway. Otherwise, they could limit the hours per shift, or cut out shifts altogether and make do with less, or limit the hours of operation. Most of the latter appear to run counter to running a successful seasonal business and could result in a diminished quality of service or product.

“Are there ways of avoiding being a large employer?” said Carroll. “There is really not much of a way to get around it short of being open less or getting by with fewer employees.”

While some area businesses certainly have staffs well over the 50-employee threshold for large employers, many are mom-and-pop operations with far fewer employees than 50. Nonetheless, Carroll said on Wednesday the smaller business owners should be just as much in tune with the federal and state mandates as their large employer brethren.

“Small employers will be absolutely affected by this,” he said. “They won’t be required to share in the expense, but will need to be carefully planning to avoid crossing over that threshold to a large employer.”

In a typical Ocean City seasonal business, employers bulk up their staffs well beyond the 50-employee limit for classification as a large employer, but often only for 90 days to 120 days. After that, many drop down well below the small employer threshold, or even close for the season altogether. It’s a seasonal situation that complicates the requirements of the ACA.

“If you’re a large employer for three or four months and every month the rest of the year you’re a small employer, you’ll probably be eligible for a season employer exception,” said Carroll. “The caveat is, if you’re a large employer in May and a large employer in September, you’re probably going to be considered a large employer.”

Court Hears Dram Shop Appeal; Third-Party Liability Case Heard

BERLIN — The Maryland Court of Appeals heard testimony this week in a potentially landmark case that could ultimately hold restaurants and bars in the state liable for the actions of their intoxicated patrons.

The state’s highest court on Tuesday heard an appeal in the latest attempt to add Maryland to the growing number of states in the country with “dram shop” laws that hold accountable establishments that serve alcohol for the actions of their intoxicated patrons, the possible implications of which could be felt in all corners of the state including Ocean City and Worcester County. Forty-two states along with the District of Columbia have dram shop laws on the books that allow bars, restaurants and liquor stores to be held liable in civil cases for the actions of their customers.

Maryland, along with neighboring Delaware and Virginia, are among the small minority of states that don’t recognize dram shop liability, but the Court of Appeals hearing on Tuesday and the ultimate opinion by the state’s highest court could have far-reaching implications.

Maryland has remained steadfast in the notion there should be no third-party liability for the actions of drunk drivers and the harm they cause.

The case heard by the Court of Appeals involved a civil suit filed by a Montgomery County family against a Gaithersburg restaurant seeking compensatory damages from the establishment following an accident in 2008 that claimed the life of a 10-year-old girl. In 2008, Michael Eaton left the Dogfish Ale House in Gaithersburg after paying a check that included 17 beers and three shots.

According to court records, Eaton then got in his vehicle and drove south on Route 270, reaching speeds approaching 100 mph, before crashing into the rear of vehicle carrying a Montgomery County family, killing the 10-year-old girl. Eaton eventually pleaded guilty to manslaughter by motor vehicle and is serving a 10-year sentence in jail, but the victim’s family then turned its attention to the establishment Eaton had just left prior to the fatal collision, seeking compensatory damages.

Under current Maryland law, liquor-serving establishments cannot be held responsible for the actions of their patrons, but the case heard by the Court of Appeals could change that. There have been numerous attempts in the past to add Maryland to the growing list of states with dram shop laws, but an affirmative opinion in the case by the state’s high court could change that.

The current case was originally heard in the Montgomery County Circuit Court and Judge Eric Johnson originally ruled in 2011 the case would go to trial. In 2012, however, Johnson reversed his earlier ruling and dismissed the case, opining the Court of Appeals was the proper venue for an opportunity to change the state law.

On Tuesday, the plaintiffs’ attorneys argued Maryland was lagging behind the times with its lack of dram shop liability and urged the high court to approve the appeal and send the case back to the Montgomery County Circuit Court for trial.

“Only Maryland and four other states continue to bar innocent victims of drunk drivers from recovering damages from the dram shops that profit by plying patrons with alcohol and then blithely sending them onto the highways,” the plaintiff’s attorneys wrote in court documents.

Wicomico Continues Work On Tier Map

SALISBURY – The Wicomico County Council is taking steps to submit a tier map to the state following several weeks of public outreach and a public hearing regarding the ongoing “septic bill”.

The Sustainable Growth and Agricultural Preservation Act of 2012, also referred to as the “septic bill,” requires counties to make a number of changes to their subdivision codes, including the adoption of a four tier system for categorizing the development of land in the county and the determination of the type of sewer system that will serve the subdivisions in the tiers.

Tiers II and III would allow major subdivisions to be built on septic systems in either a limited capacity or after a public hearing and approval of the Planning Commission, respectively. Tiers I and IV would not allow any major subdivisions to be built on septic systems.

Each county is responsible for designating its own tiers. Once the jurisdictions have created a map, the next step is to forward it on to the Maryland Department of the Environment for review and comments. Once the final tiers have been confirmed, the county would then adopt the map.

The County Council got over the first hurdle that states within the Tier IV area residential subdivisions are not permitted without an exemption from the state.

Defined by county law, residential minor subdivisions can be served by on-site sewage disposal systems. At that time, the council approved a definition of a “Tier IV minor subdivision,” which will allow up to seven lots.

Moving forward, the County Council has established a public participation program to notify rural property owners about the potential impacts associated with the changes.

Property owners in the A1 Agricultural-Rural Zoning District that fit certain criteria, such as those who do not fall under the wetlands district and those who own over two acres, should have received a postcard stating, “The Bill may limit the number of residential septic systems that may be located on your property. In addition, this legislation may impact the future use and value of your property. The Council is accepting and considering requests to be removed from the area proposed for limiting septic systems…”

“Over the past few weeks the county has done extensive public outreach to encourage citizens to become involved in the tier map discussion the county is currently having in regards to trying to implement Sustainable Growth and Preservation Act of 2012,” Chief Long-range and Transportation Planning Keith Hall said last week.

Over 3,100 postcards have been mailed out, the department has received hundreds of phone calls asking for more information and a public hearing held on Feb. 20 was well attended.

Currently, the A1 zoning district is being considered for Tier IV, which represents about 75 percent of the land in Wicomico County. As of Friday, March 1, the planning department has received approximately 97 property owners requesting to opt out, which totals 267 properties and 14,500 acres of land. The A1 district is about 185,000 square acres.

On the other hand, the department has received about five requests to remain in Tier IV totaling about 300 acres.

Councilman Bob Culver felt with the progress made it is time for the county to move forward in submitting a tier map to the state for review.

“I am still feeling like we should send the tier map in that we have to show what we already have preserved in farmland and wetlands … as it stands now until we send this map in we cannot have any subdivisions brought to us over seven lots,” Culver said.

Hall concurred the Planning and Zoning Commission will not be able to approve the request for subdivisions, except for those that have already been preliminary approved prior to October of 2012 and are grandfathered until October of 2016.

Culver suggested to the council to submit the tier map that was presented over a month ago that included farm preservation and wet lands in Tier IV at least as a starting point.

“We are going to continue to try to add to those pieces if we can but this way we can leave the opportunity open to have major subdivisions … I don’t want to take away anybody’s rights but until we get something to the state we can’t do anything in the way of a subdivision,” he said.

Hall added the tier map can be amended administratively as property owners choose to opt in or out, but once the map becomes part of the Comprehensive Plan changes will become more difficult.

“Frankly I would prefer to see your office continue to identify more properties to go into Tier III,” Councilman John Hall said. “I would like to see more that are willing to opt in.”

Council President Matt Holloway asked Keith Hall to attend the council’s next meeting equipped with the first map presented that has farm preservation and wetlands representing Tier IV, a second map representing the properties that have responded to opt in or out, and third map converging the two.

The council came to an agreement that would be the best direction to go in coming to a decision on what to submit to the state.

OCFD Investigation Complete; City Council To Hear Findings Soon; Dead Cat Incident Not Part Of Inquiry

OCEAN CITY — The Mayor and Council will soon hear the results of an internal inquiry involving the Ocean City Fire Department (OCFD), but the allegation of a dead cat being placed outside the fire chief’s house after a stormy promotion process last year is not part of that probe.

Ocean City Fire Chief Chris Larmore confirmed to The Dispatch on Tuesday he discovered a dead cat outside his front door back on Nov. 30, 2012. Larmore stopped short of providing more details, such as whether it was his pet or if he thinks a member of the OCFD was behind the incident. When asked if law enforcement was notified of the incident, he said he could not comment further as a result of an ongoing probe.

“It occurred. It’s part of an ongoing investigation that as of this afternoon [Tuesday] I am prohibited from speaking about because it’s tied to a much larger investigation,” Larmore said.

An official report on the alleged incident could not be obtained through local law enforcement agencies, including the Ocean City Police Department, the Worcester County Sheriff’s Office, Worcester County Bureau of Investigation and the Maryland State Police.

“You may not have spoken to the right people. Past that, I cannot comment … I hope to someday be able to share a whole lot about what happened on Nov. 30 but right now I cannot,” said Larmore.

Due to there being no official police report filed at the time, City Manager David Recor said the alleged cat incident “was not the focus of the town-initiated inquiry with Miles and Stockbridge [the city’s labor law firm].”

Recor said Thursday he expects Miles & Stockbridge’s report and recommendations to be presented to the council in an executive session on either March 26 or April 9.

“We made an inquiry based on the allegations that were made, and they will be giving the council an update at an upcoming closed session. The inquiry is complete,” Recor said last week. “That’s about as much as I can say generally without going into specifics.”

The investigation of the OCFD was launched after a complaint was filed with the U.S. Equal Employment Opportunity Commission (EEOC) against the Town of Ocean City over a disturbing set of incidents that reportedly took place after a controversial promotion process last year.

In the late fall of 2012, Larmore promoted two lieutenants to captain — Trevor Steedman and Kathleen Hartley, who is known to many as “Kat”. Last week Larmore referred to the four-month promotion process as “detailed and fair,” despite claims to the contrary in a grievance filed over the matter. That grievance alleged malfeasance in the process but was rejected by Larmore as well as Recor. A Freedom of Information Act request by this newspaper to obtain all grievances filed involving the OCFD in recent months was rejected last month because they were a matter of “personnel records”.

It was well documented within the OCFD last fall there was one going to be one individual promoted to captain, and Steedman was reportedly a lock for that post due to his credentials and experience with the OCFD. Larmore advocated for a second promotion and received permission from Recor as well as a majority of the Mayor and Council, although it was not an easy road and involved a compromise that Hartley would be deemed the “acting captain” until a current captain followed through on his perceived intentions to retire soon.

Larmore said last week the second promotion was a result of necessary succession planning because a majority of the OCFD command staff is nearing retirement age. He said he was able to make the dual promotion without any impact on the current fiscal year budget.

“I felt at the end of that process there were two people well suited and qualified in terms of succession planning to lead this department,” he said last week.

The EEOC complaint deals with the fallout associated with that promotion. The EEOC has confirmed receipt of the complaint, but officials will not discuss the specifics of what is included. That EEOC filing led the city to bring in Miles & Stockbridge to conduct an internal inquiry into the matter as well as other general workplace allegations.

The probe sought to determine whether specific acts of harassment and discrimination were waged against Hartley before and after she was promoted. Amid inferences the promotion was linked to a private relationship between Hartley and the chief, the work environment reportedly became so strained that Hartley was permitted to work from home for an unidentified amount of time.

It was during this alleged commotion within the OCFD that the chief discovered a dead cat had been deposited at his home in north Ocean City. Larmore has been gagged from speaking about the incident as a result of an ongoing investigation, he reported Tuesday. Recor said it’s not part of the labor law firm’s investigation and it’s unclear today if the town’s human resources department is involved in the matter. What is clear is no criminal police report exists involving a dead cat around the date of Nov. 30, 2012.

According to the Ocean City Police Department call logs, there is no incident between the dates of Nov. 20 and Dec. 2 that fit the type of call for service consistent with the discovery of foul play involving a cat. Specifically, OCPD Public Information Officer Mike Levy said the department has had no involvement in “the dead cat issue.”

“There was never a complaint on this matter. We can’t confirm it or deny it. There was nothing to investigate,” Levy said. “As far as we are concerned, there is nothing to it. It’s not related to anything police-wise. We have no police information and our Animal Control people never received any official complaint about it.”

Worcester County Sheriff’s Office Sheriff Reggie Mason said he has “no knowledge of” an incident of that nature, but he said his team is rarely deployed in Ocean City unless it’s to provide support during large special events.

Worcester County Bureau of Investigations Supervisor Detective Sergeant Mike Lupiwok said his agency is not involved in the matter either.

“We didn’t investigate anything about a cat around that time, according to our records,” Lupiwok said.

A duty officer at the Maryland State Police said no report was filed with his agency on or around that date.

While reiterating he cannot divulge specifics, Larmore did address those who believe it’s simply a rumor or at worst a fabrication.

“I believe I have established enough credibility within the town in the last seven years that there are very few people who would go up against that credibility,” Larmore said. “It’s one of those things — the people who really believe in you need no explanation and those who don’t will never believe you anyway.”
Larmore believes doubts over the cat incident taking place are rooted in the recent disgruntled minority within the career Fire/EMS division that has vocalized concerns through a support group of 15 wives of career firefighter/paramedics.

“It’s not about a cat being a feline or a cat being a female, it’s about a very small group of people that I would hope would develop a much better attitude. What about the other 95% of the people who are happy? I would hope you and others report on them as well … In the public eye, it’s very much interesting but it doesn’t take away from the fact that we have a group that feels they were treated unfairly or that there is a hostile work environment … if that’s still their big concern, then they need to deal with that concern,” Larmore said. “This is called smoke and mirrors, let’s go find something else to stir everybody up about.”

Recor held the first of a series of employee-only meetings with the career division this week to hear their concerns over the workplace environment at the town fire houses.

“I want them to share their ideas, suggestions and concerns without fear of any kind of repercussions, and I want to listen. As city manager, I will be able to discern what is a bargaining unit issue and what is something that needs to be addressed at the management level,” Recor said last week.

Berlin Council Supports Brewery’s Special Event Plans

BERLIN — Burley Oak Brewery is looking to to partner with town businesses to provide four different weekend festivals aimed at attracting craft beer devotees to Berlin.

“The craft beer demographic is one that we like to have in town because they like to spend money,” said Burley owner Bryan Brushmiller. “We’ve seen it work well for us. So we decided to do four events that would bring this demographic to town.”

The festivals would be staggered quarterly, taking place once every two or three months. All would involve outside space and live entertainment.

“These four events will be a beer release, a festival, all basically depending on what time of year it is to bring people to Berlin,” Brushmiller told the Mayor and Council on Monday.

Specifically, two of the four events would be limited bottle release parties where special batches of Burley Oak brews would be bottled and only available to those who attend the festival. The other two would be more general “Maryland music and Maryland beer” celebrations, according to Brushmiller.

Though clearly marketed toward the craft brew crowd, Brushmiller explained that he has an ambitious goal with the quarterly festivals aimed at promoting Berlin and all of its businesses.

“I would love to see it become a huge economic driver for the town,” he said.

Any interested restaurants or eateries in town will have the option to participate in the fests where they would be able to set up food stations. It’s a win-win, according to Brushmiller, since restaurants will be able to make money while he will be able to offer visitors a wide variety of food to go with Burley’s beer. Because the festivals are all scheduled for Saturdays, Brushmiller expects plenty of guests to make a weekend of the trip, arriving in Berlin on Friday and staying through Sunday.

To facilitate this, he has reached out to the hotel community in town, with Waystead Inn and Atlantic Hotel agreeing to offer a 10-percent discount during festival nights. But it’s not just the typical hotel and restaurant sector that Brushmiller hopes to bring on board with the upcoming Burley fests.

“Everybody is welcome to participate. We’d really like it if we showcased everybody,” he said. “Of course, we’d also like people to go in town after the event and before the event.”

All vendors in Berlin would be welcome and even those who decide not to participate should benefit from the expected influx of people to the town, noted Brushmiller. To not step on the town’s toes, the three dates for the fests in 2013, April 20, June 29 and Sept. 28, are scheduled away from any existing events. The fourth event is expected to take place in January 2014 and wasn’t approved by the council with this year’s list, though Brushmiller has said he hopes the events will become multi-year.

The council was generally supportive of Brushmiller’s attempts to bring business to town throughout the year, though there were some space worries. Parking is tricky, admitted Brushmiller, especially since much of his lot will be set aside for music, vendors and an outside crowd. However, he has already contacted a number of nearby businesses that will be closed on Saturdays and have agreed to loan Burley parking lot space.

Berlin Police Chief Arnold Downing explained to the council that his department will not know if there are parking issues until people actually arrive. However, he promised that the police won’t let anything get out of hand.

“Again, we can’t predict how many people are going to be there but where people will park is where we’re going to be,” he said. “If we see any issues, we’ll go ahead and be able to take care of them right away.”

Councilmember Paula Lynch was troubled by approving three dates for 2013 simultaneously and asked that it be done on a case-by-case basis. A lump approval, responded Brushmiller, is much simpler especially since Burley Oak still has to meet with the Board of License Commissioners (BLC) next month for final approval for outside events.

Just because three events are approved now, said town attorney Dave Gaskill, doesn’t mean the council can’t drop their support if the first event is problematic.

The council voted 4-1, with Lynch opposed, to approval the three festival dates in 2013, with final approval dependent on the BLC.

Snow Hill High Scores National Award

BERLIN — For a fifth year, Snow Hill High School (SHHS) has been received an award from the US News and World Report, most recently bringing in the silver award.

Since 2007, SHHS has been recognized by US News and World Report for academic achievement, winning a bronze classification for the 2006-2007 school year and silver every year since, except for 2008-2009 when the agency didn’t issue awards to any schools.

Recognition is based on a variety of criteria, explained SHHS Principal Tom Davis, and calculated on a slight delay.

“This year’s ranking was based on the 2010 school year,” said Davis. “That’s the way it’s always been. There’s always been a lag in the data that they use.”

Besides receiving the silver award this year, SHHS was also ranked number 53 out of 232 among Maryland high schools based on the data used by US News and World Report.

The information that is examined includes things like the student-to-teacher ratio, performance on state assessments, specific performance of students in the Free and Reduced Meal (FARMS) program and overall college readiness.

“They do have benchmarks that you have to reach,” said Davis.

For example, US News and World Report wouldn’t consider a school for recognition unless it achieved at least a 16.3 score for college readiness. SHHS achieved a 17.5. While Davis admitted that he doesn’t know how the agency reaches an exact number, he does know that students’ Advanced Placement (AP) proficiency is a big factor.

According to Davis, SHHS takes a strong approach to AP classes, conducting AP interest meetings for students considering the courses while also offering AP workshops for those already taking the classes. Those workshops give participants the chance to take mock AP exams before the genuine article to practice their strategies.

“It kind of gives the kids an opportunity to sit in a testing environment, take the test, and then score the test in the afternoon to find out where their strengths and their weaknesses lie with regard to the curriculum that’s been covered,” Davis said.

Davis was also adamant that any student who wants to take AP courses will be able to do so even if the school has to bend over backwards to make it happen. Any student that takes a course will take the exam, which offers college credit but costs students almost $90 out of pocket.

“If I have students that have financial hardships and cannot pay for the cost of the test, that’s not going to be an obstacle,” Davis said. “I will find the funds somewhere within the school to help the student cover the cost of the test.”

SHHS has also been using technology to facilitate students with an AP interest. The school currently uses the video chat program Skype to allow a student who is taking AP Calculus BC, which isn’t taught at SHHS, to listen in on the course as it is taught at Stephen Decatur High School across the county.

Beyond AP, the silver award means that SHHS is also excelling in things like normal state assessments.

“For us to get to this point, obviously we’re maintaining high standards and high expectations for students to score well on the state proficiency tests,” he said.

US News and World Report also factored in the school’s student-to-teacher ratio, which comes in at 10-to-1, below the state average, as well as looking at Algebra and English proficiency amongst students.

Speed Camera Funds Put To Use

SALISBURY – Revenue from speeders is being used to enhance property dedicated to the Salisbury Police Department (SPD) as well as purchasing new equipment for seven new patrol vehicles.

The SPD wants to appropriate funds received from the speed camera program for construction of a fence at the city’s police range.

Internal Services Director Keith Cordrey explained to date all the speed camera funds have gone into the general fund. The funds have to be spent towards public safety.

City Administrator John Pick added in FY12, which was the first year of the program, there were no funds budgeted from the speed camera program. The funds were received throughout the course of the year and were simply put into the general fund. When the FY13 budget was adopted, speed camera funds were estimated and included to bring in $184,000.

“We know how much was received and we have been tracking how much we have been spending through these budget amendments,” Pick said.

The ordinance on the table explained the police range is owned by the City of Salisbury and utilized by the police department for firearms training and qualifications currently have unrestricted access. Any unauthorized person can be on the property during live weapons firing with the potential for injury, creating serious liability issues.

The construction of this fence and posting of the property will restrict people from gaining access, thereby protecting the public and the city from lawsuits. The fencing will also define the boundaries of the city’s property and protect the buildings and equipment from theft or damage.

The SPD has insufficient funds in the Buildings & Maintenance Account to pay the vendor, Anderson Fence Company, Inc., in the amount of $32,480. There are speed camera funds in excess of this amount, collected in FY12, that has not been appropriated and remain available for appropriation for the purpose of public safety.

“The fence is a liability issue that has been going on for some time and we appreciate the administration for bringing forward the amendment to use these funds to eliminate that liability for the city and provide extra protection for our police department and our citizens,” Council President Terry Cohen said.

The City Council voted unanimously to approve the budget amendment to transfer funds put in surplus from the speed camera program to the police departments Building & Maintenance Account to construct a fence at the range.

The next ordinance on the table awaiting final approval involves a request made by Major David Meienschein in the beginning of February for approval for SPD to transfer $47,000 to the Police Services-Vehicle Maintenance account from funds received from the speed camera program placed in surplus. This transfer is for the purchase of equipment to outfit seven new patrol vehicles for the police department.

This equipment consists of seven Panasonic Toughbook CF mobile data computers, seven emergency equipment console/computer mount packages and Seven Slick Ticket II scanner/printer units.

According to the ordinance, seven new police patrol vehicles were approved in FY13 and have been purchased with delivery in the near future. The purchase and installation of computers and related equipment is needed for these patrol vehicles.

The City Council voted unanimously to approve the budget amendment to transfer funds from the speed camera program to the police department’s Vehicle Maintenance Account to purchase the equipment.