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Ocean City

Council inches forward to consensus on commissions

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(Feb. 15, 2013) In a seemingly cathartic close to one of its last strategic planning sessions, the City Council took steps toward a consensus about the politically charged reinstatement of the body’s sub-committees and commissions, admitting that some mistakes had been made in the past and pledging that things would be done better this time around.

“This isn’t a re-creation of the old system. We’re developing something new,” said City Manager David Recor, of whose administration the strategic planning process is the key initiative.

“This is recognizing that the council has delegated work to a committee before it comes back to the committee as a whole,” said planning facilitator and professional municipal consultant Lyle Sumek.

“It has to be the chair [of the committee], the city manager, and the department head concerned working together to inform the council.”

Such an idyllic picture of cooperation, however, has not always been painted.

The dissolution of the council’s standing committees was the first action taken by the four-member majority that came to be in 2010 after Councilman Joe Mitrecic lost his re-election bid to Councilman Brent Ashley.

Mitrecic’s ouster allowed Ashley – along with Joe Hall, Margaret Pillas, and Jim Hall – to create a four-member voting bloc that openly bucked the previous administrative norms. The oft-called “new majority” developed a relationship of mutual antagonism with Dennis Dare, then the city manager, and Mayor Rick Meehan.

In November 2010, the victors’ first act was to dissolve the council’s commission system, whereby separate sub-committees of three council members heard reports from city staff or interested parties and presented the information back to the full council for any decision necessary. All reports were subsequently presented in open session, before the entire body.

Despite the removal of the dominant faction in the 2012 polls – in which Hall and Hall lost to Dare, now running as an elected official and not a paid executive, and a returning Mitrecic – the commission system has continued to be a symbol of political discontent.

The surviving members of the 2010 majority submit that the commission system reduces transparency by developing policy in ad-hoc legislative groups, some of whom became quasi-autonomous and politically factionalized, rather than before the empowered body.

But proponents of the system’s return argue that the additional input garnered makes for richer legislative action and that by forcing every issue before the whole council, the previous majority was simply trying to expand the scope of its political control by micro-managing.

During the planning session, however, a middle ground seemed to be apparent. Both sides voiced similar discontent with the way committee and commission matters had been presented in the past.

“[Commission matters] had already been voted on in committee and I had to put my hand up because I hadn’t even heard anything about it before,” Pillas said.

“Maybe what happened in the past is that the preliminary information from committee often didn’t come the whole way up the chain,” Dare said.

As a remedy, Mitrecic simply suggested that commission proposals be given more time, rather than being brought up, discussed, and recommended before those outside the commission had a way of knowing the issue existed.

“It felt [in the past] like I was reading a report on something that was already done … it was approved by committee, and then someone just made a motion,” Mitrecic said. “Sometimes, people need time to digest things.”

Going forward, he said, “we don’t discuss it right then and there,” when new ideas or concerns are brought up.

“Sometimes staff gets into that laxity… and sometimes members of council as well,” Mitrecic said.

At Sumek’s suggestion, a list of impending items will be distributed for every committee and commission. New matters would have to be formally listed, and “would have two avenues – either it goes back to the whole council for direction, or it goes through staff or the committee chair to be put on a future agenda,” Sumek said.

 

How to be a Valentine’s Day Hero from The Hardcore Foodie

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Ok guys, everyone knows that Valentine’s Day is for the ladies and that it can become an expensive proposition (no pun intended).  With that in mind, here are some basic ideas that take the focus away from “how much you spend” and back onto your significant other where it belongs in the first place.  First of all, call your wife and tell her you have dinner covered then Get A Card!  It does not matter whether it is romantic or funny; whichever fits your personality is fine, just remember to write something heartfelt and specific. Next pick-up a nice spring mixed flower arrangement.  It does not need to be roses and anyway everyone knows that florists jack-up the price on those just for any saps who think a dozen will get them some.  You can even get some nice arrangements at the grocery store now for around $10 per bunch.  Now, while you are in the grocery store pick up a pint of raspberries or strawberries, you will see the need for them very soon.  After that go to the wine and liquor store and buy a bottle of Italian Prosecco, an inexpensive sparkling wine, and a couple of miniatures of Chambord, a raspberry liquor.  Finally, order your wife’s favorite takeout (Italian, Chinese you make the call just not pizza!)  Now go home and put the flowers in a nice vase, set the table with the good silver and china and place the card at her setting.  Get your Champagne flutes (regular wine glasses will do in a pinch) and muddle a few of the raspberries in the bottom of each glass.  Add half a miniature of the Chambord into each glass and then fill with the Prosecco when you are ready to drink.  Also remember to put the takeout food on your good china, Do Not Eat Out Of The Box!  The rest of the evening is up to you, maybe rent that chick flick she has been dying to see and watch it with her (I know it’s tough but you can cowboy up and do it). You have just made a Valentine’s Day memory for her that cost you less than $100, kept you out of a restaurant on the what is known in the business as “Amateur Night”, and will show her how much you care.  Not too shabby if you ask me.

Shark on the Harbor

Went to the Shark yesterday afternoon for a couple of beers and some apps.  Congrats to Travis and his kitchen staff, the Shrimp Dumplings and the Pork Potstickers were better than any available in Ocean City, Asian restaurant or not.  Also had the Crispy Fried Oysters, great as usual.  Keep up the good work!  For those who don’t know the Shark is the most innovative and daring restaurant in Ocean City and probably the Eastern Shore.

Burgers, Beers and a Room with a View

 

5th Street Taphouse Bar & Grille
4507 Coastal Highway
Ocean City, Md 21842
443-664-2201
www.45taphouse.com

 

A “Burger and a Beer” is the quintessential American meal.  If you add a side of good, hot French Fries and maybe start the whole thing off with some Spicy Chicken Wings; well sir, you may just have the perfect American meal.  Now, it is not hard to find a place that offers all these things but, unfortunately, it is hard to find a place that does all of them right.  To our good fortune in Ocean City the 45th St. Taphouse is that place. Plus they have one of the more breath taking views of the Assawoman Bay in town.

 

The Taphouse is located in the 45th Street Shopping Center.  It has the warm inviting feel of all good bars and whether you sit at the bar or bar area, the main dining room or the outdoor deck bar you will be made welcome.  The inside is all exposed wood with wooden tables and chairs and plenty of wide screen TV’s to catch any sporting event you may want to watch.  The outdoor Tiki bar is large with a good number of stools.  The outdoor deck tables and chairs are metallic and anywhere is a great view of the Bay.

 

The servers are friendly and helpful, especially with the 36 beers on tap.  They will be glad to make suggestions to try to match your tastes with a new beer.  The service itself can be a little haphazard, especially during the busy summer months, so be prepared to wait for your meal if the dining rooms are full.  Also, like 99% of the restaurants in Ocean City, they have not mastered the art of knowing who gets what meal so be prepared for the auction when your food arrives.

 

The menu is a fairly common and straight forward one; it is the execution and the attention to detail by the kitchen that makes this Bar & Grille worth noting.  Now is a good time to explain that all the sauces at the Taphouse are made in-house and they all compliment their dishes very nicely. Some appetizers of note are the Fish and Chips, which are made from fresh, local Rockfish and crusted with the Taphouses homemade potato chips.  These are served with a spicy mango ketchup and an old bay tartar sauce.   The Crabby Balls are made with Jumbo Lump Crabmeat and have so little filler or binder that they have trouble staying together (may all our troubles be so tasty).  The Crabby Pretzels are Jumbo Lump Crab Imperial served over a Bavarian style pretzel, which is topped with cheese and placed under the broiler.  Every restaurant in Ocean City has a version of this appetizer but very few are as good.  The Chicken Wings are a section of their own and come in 5 different levels of heat and/or flavors.  As is the custom in Ocean City the wings are normally served on the “crispy” side but for those of us who prefer them still juicy they are more than happy to oblige.  The Taphouse serves nice meaty wings and the only thing to watch out for is that the heat levels are variable so when they say mild to medium or medium to hot be careful!

 

The Burgers are all served with either homemade Old Bay Chips or Fresh Fries, which can come plain or with parmesan cheese and fresh rosemary.  All three choices are yummy so go with whatever floats your boat.  My two favorite burgers are the Gnarmax which is their fresh burger patty served with fresh sliced jalapeno peppers, pepper jack cheese and house-made habanero mayonnaise.  The other burger of note is the Shark Biscuit which is two burger patties, bacon, cheddar cheese, and grilled onion topped with a fried egg and served with the habanero mayo.  An awesome creation; just make sure you request the egg to be sunny side up so that when you bite into the burger the yolk oozes out and mixes into the sandwich.

 

There are other sandwiches and entrees but I will honestly tell you I have not gotten past the Burger section of the menu.  I have dined with friends at the Taphouse and everyone has been very happy with the Guinness Stout Chili, The Best Ever BLT and the BBQ Chickenlicious sandwiches.  Also the Smoked Prime Rib dinner entrée sounds like something I will have to try someday.

 

Finally, some news of interest for the Taphouse, this season they will start serving breakfast with an emphasis on different types of Eggs Benedict.  Now, being a huge Eggs Benedict fan and having very few places in town where they are even attempted, I am looking forward to having a breakfast or two at the Taphouse.  So, make a stop at the Taphouse this summer and catch a beautiful sunset with a cold beer and a juicy burger with a date or some friends.  It is your right as a red-blooded American!

Changes to commercial striped bass fishing may benefit Lower Shore

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(Feb. 8, 2013) Ostensibly, the title of Maryland’s State Fish was bestowed upon the striped bass due to its long-term popularity with Chesapeake Bay watermen. But its status may as well be because it has garnered more policy attention than any other scaly, ectothermic creature in the Old Line State.

One of the state’s biggest policy decisions this year will likely come not from the legislature, but from within the Maryland Department of Natural Resources, which is “right in the middle of making some drastic changes to this fishery,” according to Mike Luisi of the DNR’s fisheries service.

“We’ve been working with the industry for quite some time about the 2014 fishery,” Luisi said. “There are some tough decisions that will have to be made.”

The striped bass – also known as the rockfish – has a considerable history. In 1985, concerns over low breeding stocks caused federal and state governments to close all waters to striped bass fishing. But beginning in 1990, most states began to gradually re-open the species to harvesting by both recreational and commercial fishermen under the close watch of the Atlantic States Marine Fisheries Commission, the umbrella group that involves the natural resources divisions of most East Coast states.

The ASMFC also recommended that federal waters be slowly re-opened, but the idea was nixed due to concerns over the ability of government agencies to respond fast enough to the potentially rapid depletion of the population.

In order to regulate rockfish stocks, the ASMFC allocates each state an annual poundage of striped bass for commercial catch – this past year, Maryland’s was 1.7 million pounds. The Maryland DNR then divides this allotment up by month. When rockfish are taken, watermen tag them, and the tag numbers are reported to the state by the markets that sell them.

“It’s an accountability measure so that the fish they’re landing and taking to market can be traced back to them,” Luisi said. “If, say, by mid-January we see that the quota for that month is going to be caught, we shut down fishing for the month and start again in February.”

Fishermen are issued an excess of tags – more than enough for what they’ll likely catch. They tags are turned back in at the end of the year if unused. This is known as a derby system, since the incentive is that he who catches earlier is likely to be allowed to catch more overall.

“The mentality is that you go out and get them before everyone else can,” Luisi said.

Maryland only issues 1,231 licenses for commercial striped bass fishing, but not all of these request tags every year.

Since the tags are issued ahead of time, however, the danger of overfishing still exists. The DNR has no way of verifying that fish were not caught and tagged after any given monthly shut-down by boats “sneaking out.”

As such, the ASMFC is now asking states to only issue the exact number of tags needed to catch the state quota.

“In order to reduce the likelihood of taking more fish than is healthy, they’re asking us to reduce the number of tags based on the total quota,” Luisi said.

“Maryland was one of the only coastal states, regarding striped bass, that issued an unlimited number of tags,” said Gibby Dean of the Chesapeake Bay Commercial Fisherman’s Association, one of the industry groups the DNR is consulting with on the issue. “But the ASMFC said this year that Maryland could only issue so many tags, based on the [ASMFC’s] biometric system.”

“We would take the total pounds of fish we’re given and divide that by the average weight per fish, and that’s how many tags we’d give out,” Luisi explained, “so that there’d only be enough tags to catch the right number of fish.”

Doing so, however, presents a serious difficulty. With a finite number of physical tags, the tags would have to be taken away from some fishermen mid-season if it looked like they were catching less while others had already gone through their tags.

“It would be difficult, under a derby system, to maintain and allot a certain number of tags to the individuals that wish to participate,” Luisi said. “That’s a logistical nightmare, to try something like that.”

“This new tagging … is going to require us to completely adjust and shift the management of this fishery.”

Instead of the derby-style tag system, Luisi said that the likely alternative will be to design a per-permit fish quota, in which each active permit holder will receive a share of the annual catch limit. Shares could be bought, sold, and exchanged between permit holders.

“Each person in the fishery would have some sort of share ownership,” Luisi said. “This would be a different way of doing business for these guys.”

A similar apportioning system is already in place for one segment of the striped bass fishery – trawler vessels, many of which operate out of the Lower Eastern Shore. Hook-and-line operations, as well as winter gillnet ships, are in the derby.

“There are a lot of advantages to not having to operate in the derby mentality,” Luisi said. “They don’t have to fear that somebody else is going to catch the fish before they do.”

This is particularly relevant to the lower part of the bay and the oceanic fishery, given the migratory pattern of striped bass. Rockfish migrate north-south with the seasons, typically swimming through open ocean but stopping in bays and river estuaries along the way, particularly in the spring when they lay their eggs in fresh water. Young fish usually stay in these estuary areas until they reach adulthood, when they begin migrating through sea waters to find their own breeding grounds.

With fish migrating out of freshwater in the upper part of the bay, they are often caught in the more northern fisheries before they have a chance to swim out.

“Those guys [on the lower shore] can find it difficult to compete,” Luisi said. “They essentially have to sit there and wait and hope that the fish come down their way before the monthly quota gets caught.”

“From Dorchester county south, more people are in favor of an individual quota system,” Dean said. “Not all, but the majority. The way the regulations are set up now, and the migration of the fish, a lot of times the quotas are culled up before the lower bay fisherman can catch them.”

“This way, they can have their quota in hand and catch them whenever they want.”

The flip side, however, is that fishermen who are used to taking as much as they can, based on their skill and dedication, will likely see the change as a restriction of their haul, in deference to those who can buy up more quota.

“The guys that are used to just going out and engaging in the derby see the quota system as a reduction,” Luisi said. “In order to get the quota, they’ll have to come up with capital.”

Although the industry is still divided as to the best solution, Dean projected that it was highly unlikely that some sort of quota system would not be implemented.

Exactly how that quota would be apportioned throughout the 1,231 permits is still up in the air, Luisi said. It would be tempting to give a larger share to those who have caught more in the past – but given that quota could be traded, the state would essentially be granting leverage.

“Ultimately, the state is going to have to make the decision on the initial allocation of a quota, and the assigning of pounds to that permit will change the value of the permit,” Luisi said.

BOOMING BUSINESS at Plaza Tapatia

A few weeks without their favorite eatery left loyal customers anxious. Now open in Pines, new Plaza Tapatia has seen steady flow of fans

 

(Feb. 8, 2013) As Armando Saldana walked out of the kitchen and through the bar area filled with patrons Tuesday evening, he stood in the doorway and peered into the dining room of the new Plaza Tapatia restaurant, where each table was occupied by diners, and he smiled.

“I feel very happy,” said Saldana, owner of the restaurant that opened its doors on Jan. 24 in the Pennington Commons, across from the South Gate. Since the grand-opening celebration on Jan. 30 – featuring a deejay and a mariachi band — customers have packed the restaurant every day.

Saldana has seen many familiar faces, as a number of the customers who dined at the West Ocean City restaurant on Route 50 have now come to Ocean Pines. First-time guests are also visiting the new restaurant.

“Every day we’re busy,” Saldana said. “People love it. Everybody is happy and excited.”

One satisfied customer Tuesday evening was Frank Exley of Ocean Pines. Eating the nacho supreme with beef, he said, “This is the best I’ve had in Ocean City and I’ve been here 17 years.”

“With his food, he’ll do fine here,” he added.

Exley also boasted about the $1.99 Corona bottle hap-py hour special as he took a sip.

Ocean Pines was Saldana’s ideal location initially to open a Mexican restaurant. Unfortunately, he could not find a prime spot in the com-

munity. He opened the first Plaza Tapatia in West Ocean City in 1997.

Since then, nine more have sprung up. There are two restaurants in Salisbury, and one in Easton, Cambridge, Pocomoke, Chestertown and Elkton. In Delaware, there is a Plaza Tapatia in Seaford and one in Bear.

Saldana said he plans to open another restaurant in Saint Michaels in a month or so.

In October, Saldana closed the West Ocean City eatery to relocate to Ocean Pines because the community has more year-round residents. He has already seen an increase in lunch business compared to the previous location.

At approximately 5,000 square feet, the new space is about twice as large as the previous building.

There is seating for 120 in the dining room and more than a dozen at the bar, while the old restaurant fit about 72 guests.

All of the kitchen equipment is new. Saldana is not only the owner, but he can cook and tend bar — he trained his employees — and he is a carpenter, as well. He built all of the tables and booths in the new restaurant. He constructed the bars at some of the other Plaza Tapatia restaurants.

The authentic Mexican establishment features more than 140 dishes. Saldana said customers have tried everything, but the most popular is No. 106 Fajitas for Two. His favorites are the chicken fajita and pork chops (chuletas rojas).

“It’s good food at an affordable price,” he said.

Happy hour is Monday through Thursday, 4-7, p.m., featuring $1.75 domestic 12-ounce drafts (32 ounces for $3), $1.99 Corona and Tecate bottles and 12-ounce margaritas on the rocks for $2.25 and $2.50 frozen lime margaritas. Lunch and dinner specials also offered.

The Manklin Creek Road restaurant opens at 11 a.m., Monday through Friday, and at noon Saturday and Sunday.

A mariachi band will perform about once a month, Saldana said. The next performance is scheduled for Feb. 27, from 6-9 p.m.

 

Plaza Tapatia owner Armando Saldana stands in the crowded dining room of his new restaurant Tuesday night, in the Pennington Commons, across from the Ocean Pines South Gate.

Technology, insurance costs drive tight Worcester school budget

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(Feb. 8, 2013) Preliminary budget data from the Worcester County school system indicates that the county will likely be holding the line on education funding, although the system continues to see a number of new costs, as well as savings, from the drive to implement new technology in schools.

Based on the latest estimates of current expenditures, the county schools’ Chief Financial Officer, Vince Tolbert, told the Board of Education this week that he expects the budget for the 2014 fiscal year, which begins this July, to be $1,150,315 higher than FY13.

For the current fiscal year, the schools are presently allotted $92,167,401. This includes, however, a mid-year appropriation of $300,000 granted by the county after the state declined to renew its funding for Worcester’s after-school programs.

“What we’re trying to do is align our actual expenditures from last year with what we’re asking for this year,” Tolbert said.

Although quasi-independent from the rest of the county government, Worcester’s school system receives about 80 percent of its revenue from appropriations by the Worcester County Commissioners, who have final authority over its budget.

Under Maryland law, however, county governments must contribute the same amount of money per-student to their schools each year to cover teaching costs and in-classroom expenditures. This policy is known as the “Maintenance of Effort” formula, and counties face steep cuts in state funding if they go below the established MOE level. With a marginal increase in enrollment, the county is expected to give a minimum of $23,186 more this year, according to Tolbert.

However, the MOE formula does not figure in operational costs outside of the classroom. Although most of these costs are stable, one – the price of employee health insurance – has always been a major worry for school finance. In the coming year, Tolbert expects these costs to rise $574,000, consisting of the majority of his projected cost increase for FY14.

Further, the single line item that takes up nearly half of the schools’ operating costs – teacher salaries, roughly $39 million – is not yet set in stone, given that contract negotiations with the Worcester County Teachers’ Association are still ongoing.

The remainder of the current projected increase for next year’s expenditures comes from technology costs, including the installation of broadband service, upgrading “cloud” server computing for teaching and testing, and implementing new finance and payroll software.

Although they come with up-front costs, technology also has back-end savings, which Tolbert projected to be $153,895 in reduced costs for textbooks and classroom consumables.

“Whereas we were buying more textbooks and materials, teachers can now go on the cloud and download that,” Tolbert said.

Although broadband service is most important, at least initially, to transmit state standardized testing data, Superintendent of Schools Dr. Jerry Wilson noted that “the more we expand the use of technology, the more we’ll see the use of that broadband.”

Board member Donnie Shockley asked why no more money was being put towards the installation of “SMART Board” technology – essentially a computer-linked, interactive whiteboard – in the district’s classrooms, a technology initiative that Worcester’s schools began some years ago.

While the boards are now universal in elementary schools, and are also in some renovated rooms in secondary schools, Assistant Superintendent for Instruction Dr. John Gaddis said he would prefer to hold out.

“By the time we’ll do that [have the boards in every room], there’ll be a new technology,” Gaddis said. “You’ll be moving to a system where you’ll have devices in students hands, instead of something they look at in the front of the room, and I’d rather take the money towards that.”

The schools are also planning to ask the county for $100,000 each for two capital improvement initiatives.

One would potentially involve structural changes made on behalf of school safety, such as the installation of buzzer doors or other security measures. Further recommendations in this regard, compiled from audits performed by school committees and local law enforcement agencies, are likely to be presented to the board later this month.

The other would a feasibility study for the expected renovation or reconstruction of Showell Elementary School, which has been identified as the next target for major capital improvement.

“It’s essentially a physical of the school,” said district facilities head Joe Price. “It’ll allow us to determine whether it would be worth it to renovate or build anew.”

Pocomoke High School recently completed major renovations, and the same will be done to Snow Hill High School later this year. County and state funding recently became available for the $41 million project after several years of delay.

Ocean City Council agrees on new public comments system for meetings

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(Feb. 8, 2013) In discussing last week how to organize and possibly streamline the public comments portion of their meetings, City Council members came to a consensus that were it not for the few, the many might be heard.

The problem with the seeming disorganization of public commentary, it was agreed, was limited in scope but great in magnitude. Of citizens who spoke, 95 percent were constructive; it was the other five percent who were a problem.

“A lot of people don’t come to the meetings and don’t contribute because they don’t’ want to be lumped in with those ‘five percenters’,” said Council Secretary Mary Knight at last Friday’s strategic planning discussion.

As required by law, council has customarily allowed any member of the public to speak freely at the close of regular Monday night sessions, with a five-minute time limit. On Tuesdays, when the council holds its work session for informational discussion and purchasing matters, the rules are less clear. Citizens often request to speak during meetings on specific work items – sometimes this is allowed, sometimes not.

It is also unclear if the five-minute limit carries over for those who speak numerous times, a common occurrence among frequent attendees. Many speakers also present questions that may be answered by city staff, often leaving great confusion as to who can talk to whom, and when, and for how long.

Mayor Rick Meehan estimated that, while 95 percent of the public has a targeted piece of commentary, the other five percent have a tendency to argue for argument’s sake, and have been trained to do so by the relative lack of direction in meetings.

“We’ve conditioned them to want information on every item,” Meehan said.

While encouraging the council to not stifle any public participation, planning consultant Lyle Sumek said he has seen many municipal bodies struggle to keep their meetings on point. The council should be discussing policy as a means, not the factual details of specific ends, he said.

“There comes a point where you’ve gotten below government, into management or even into service delivery … which is not what you’re here to do,” Sumek said. “It needs to be you deliberating, not them interjecting.”

To this end, it was suggested that all meetings – both regular and work sessions – have public comment time at the beginning. Those wishing to speak would sign up beforehand, and be called up in order by the council president. While Monday regular sessions would allow citizens to speak on any topic, Tuesday work sessions would be restricted to input on specific agenda item decisions.

“I think they’ll actually have more input this way,” said Councilman Joe Mitrecic. “Rather than already having a motion and a second and knowing what direction we [the council] want to go in before they even get to speak.”

This will ensure that public comments are intended to help council with its decision making, rather than the public seeking information for their own edification.

“It’s not a dialogue, it’s not an interrogation, and it’s not the public’s time to interview city staff,” said City Manager David Recor.

“It’s incumbent upon us to study the issue and respond to those people [who have such questions] before the meeting as well,” said Councilman Dennis Dare.

Council members Brent Ashley and Margaret Pillas were more reluctant to re-structure public commentary, for fear of restricting it.

“I’ve been on the wrong end of a lot of them, but I like the open public comments,” Ashley said. However, he noted that he was definitely in favor of guaranteeing citizens right to speak at work sessions, which seemed to be the consensus within council.

Sumek and Recor also suggested that council implement “consent items” on its agendas, in which purchases, bid openings, and other actions which are not matters of policy can be approved en masse. Council could still always move to strike a specific item from the list if there was a pertinent issue regarding it.

CITY TO INVESTIGATE PAY STRUCTURE, PENSION REVERSAL

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(Feb. 8, 2013) With union contract negotiations under way, it appears likely that Ocean City will again be doing a comparative study and revision of its salary structure, as well as potentially making another major overhaul to its pension system.

At last week’s strategic planning session, it was noted to the City Council that the town has two pay studies on its horizon. A comparative, interdepartmental study of employee compensation was an action item for the near future, while another study, which looks specifically at the town’s public safety employees compared to those of similar jurisdictions, is currently being done in preparation for union contract talks.

Ocean City is home to two public employees’ unions: the International Association of Fire Fighters, whose collective bargaining rights were granted by the city in 2007, and the Fraternal Order of Police, whose bargaining rights were approved by the voters via referendum in 2002.

In negotiating with the FOP over officers’ salaries, the city has typically assessed itself by compiling salary data from other Maryland agencies that it believes to be comparable to the Ocean City Police Department. Agreement over what the FOP, the OCPD, and the city as a whole believe to be comparable agencies has set the tone for collective bargaining hence.

“I’ve been in on every negotiation from day one, back to our first contract in 2004-2005 … and at that time we came up with 10 comparables to use,” said Sgt. Art Grady, FOP treasurer and negotiations chair. “We got to the point where it was these 10 and it wasn’t really an issue after that.”

Mayor Rick Meehan recalled that the list includes the city’s regional competitors, such as Salisbury, as well as some larger agencies that reflect the work volume the OCPD sees in the summer, such as Maryland State Police and the Baltimore County Police Department.

“Some of the agencies are really top-notch agencies in the state,” Grady said. “I think they [the city] see the benefit of having some of those in mind.”

However, the comparative salary basis has had some questionable effects on the rest of the city, which Councilman and former City Manager Dennis Dare recalled at the planning session.

Following the first contract the city forged with the FOP, a citywide salary study was done, encompassing all employees in all departments, by consultants from the Charles Hendricks Group. That study revealed that because of the overtime policies established in the FOP’s contract, the average sergeant in the OCPD would be making 22 percent of his or her annual net pay in overtime hours.

To compensate for this, the city then bumped the pay of lieutenants by 22 percent, and captains another 7 percent over that, so that sergeants would not be making more than their superiors simply by merit of union membership.

“Then we had lieutenants working special events, making more than the department heads in charge of the sewage treatment plant, which was probably a more important utility to the town than the event,” Dare said.

The result of the Hendricks study was a pay raise for most all city employees. Those at the management level saw big increases of between 15 and 20 percent, corresponding to the police salary structure.

“It all [the citywide salary structure] went back to how much police officers in Rockville made and it was just an upside-down pyramid,” Dare said.

For this reason, Dare cautioned his colleagues against moving forward too far without doing an across-the-board salary study to establish a hard baseline.

“I’m not going to make the same mistake twice and I feel we’re going down that road,” Dare said.

Such a study is an upcoming administrative goal, said City Manager David Recor, “but we didn’t see that getting completed prior to a decision having to be made on the union contracts.”

“We have done some preliminary studies to validate some of our positions in the negotiations,” city Human Resources Director Wayne Evans assured the council.

But even after the establishment of a standard circa 2005, Grady said that the comparative data was again challenged in 2010, when a new majority was voted into City Council and subsequently tried to buck the FOP by changing the comparative data structure.

“They had requested one of our captains – who isn’t even part of the bargaining unit – to do a pay comparison study,” Grady said. “The just gave him 15 agencies to look at. Not one of those agencies was what we agreed upon at the table.”

The then-majority inferred that the union was inflating its standards, but the FOP maintains that such a reconfiguration of the comparative data would cause its ranks to stagnate.

“If you just do a comparison with a bunch of other resort communities … you’re just going to water things down to the lowest common denominator,” Grady said.

What will almost certainly be the crux of the union negotiation this year, however, is the desire expressed by both the FOP and the IAFF to move back to a defined-benefit pension system. In early 2011, the then-majority of council moved to close the city’s public safety pension trust fund to new hires, and implemented a 401(a), individual contribution retirement plan.

Since then, the OCPD has hired 22 officers under the new plan. But the FOP has maintained that the lack of a proper pension makes officers less committed to staying with the department long-term, presenting a poor return on training investment for the agency. The then-minority of the City Council, as well as Meehan, agreed, and were staunchly opposed to the change.

Because retirement benefits are part of their contract, Grady said the FOP could’ve fought the change as a violation of the agreement, but chose not to.

“We could’ve fought it, but we also looked to the future, and it sounded like, if things in November got changed, we knew we were looking forward to negotiations happening right after the elections,” Grady said. “We knew it was a matter of time [before a political change], and what the minority at the time down there thought of it [the pension change] was pretty clear.”

The FOP, as well as the IAFF, backed a slate of candidates in last years’ election that returned the post-2010 minority back to majority power.

“They had given us their word that they were at least going to go back and revisit this with open eyes, and potentially get rid of the new [defined contribution] system,” Grady said.

He praised that faction of council for its open communication, even when requesting concessions, such as the pay freeze that has been in place since 2009.

“We have a really good dialogue with them,” Grady said. “That’s how the conversation kind of got started, they came to us and said, ‘The city is in a tough spot here, and we need some help.’”

Grady said the union would not be looking for extra compensation for the last four years of hardship.

“We’re not asking for blood in this,” Grady said. “We’re not asking for a huge windfall or a back pay raise. I think they [the city] see that and appreciate it.”

Phil Hudson Photos from the past swell

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A few images from photographer Phil Hudson from this past swell:

Newest addition to Maryland’s surf scene – Ron Jon’s

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As many may have heard, Ocean City has a new addition to its family of surf shops.  Ocean City is quickly becoming one of the best known surf destinations on the east coast and with Ron Jon Surf Shop eying Ocean City it turns that opinion into a fact!

RON JON SURF SHOP TO OPEN NEW

LOCATION IN OCEAN CITY, MARYLAND

 

            COCOA BEACH, Fla. —  (January 15, 2013) — Ron Jon Surf Shop will open its 11th location in Ocean City, Maryland in May 2013.  The 6,500 square-foot location will be situated in a new shopping and dining area two blocks from the beach in Ocean City at the 67th Street Town Center.

Ron Jon Surf Shop currently operates stores throughout Florida and in other locations along the eastern seaboard including two in Myrtle Beach and its original location in Ship Bottom, N.J.

According to Debbie Harvey, president and COO of Ron Jon Surf Shop, the company selected Ocean City for its new location because the area is a popular summer destination with great surf and visitors who are familiar with the Ron Jon Surf Shop brand.

“We are thrilled to expand our brand to the Ocean City area,” Harvey said.  “The area has long been a popular destination for East Coast residents seeking a beach getaway and we feel that a Ron Jon store will be well received by visitors.”

About Ron Jon Surf Shop

Ron Jon Surf Shop was founded in 1959 by surfing enthusiast Ron DiMenna.  Two years later, he opened a tiny oceanside shop in Long Beach Island, N.J.  The lifestyle-apparel and board-sports-equipment retailer has since opened stores in Cocoa Beach, Ft. Lauderdale, Orlando, Ft. Myers, Key West, Panama City Beach, Clearwater Beach, Fla., as well as in Myrtle Beach, S.C.  The flagship store in Cocoa Beach is the world’s largest surf shop.  It operates 24 hours a day, 365 days a year.

School safety audits complete, recommendations expected soon

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(Feb. 1, 2013) Safety and security in the county’s schools continues to be a high priority, as Worcester’s school district reports that independent reviews of each school, by both internal committees and local law enforcement agencies, have been completed and will likely see a recommendation for improvements this month.

“It was a concerted effort by our schools and law enforcement,” said Worcester County Schools Director of Public Relations and Special Programs Barb Witherow. “A composite list of recommendations, at some point, is going to be submitted to the Board of Education.”

After a review and compilation of the studies by Superintendent of Schools Dr. Jerry Wilson, an analysis and suggested action will likely be given during the Feb. 19 board meeting, Witherow said.

“Our goal was to develop safety priorities that could be classified under three categories: personnel, capital improvements, and best practices,” Witherow said.

Immediately following the mass shooting at Connecticut’s Sandy Hook Elementary School that left 26 staff and students dead, Worcester began re-enforcing its own safety protocols. Those include requiring that all doors except the front entrance be locked following students’ morning arrival and that all visitors to the school must check in and wear an identification badge.

“Those procedures have definitely been tightened,” Witherow said.

An increased police presence at schools, particularly during the morning hours when students arrive at school and in the afternoon when they leave, has also been observed since the Sandy Hook killings. Witherow said that this is likely to continue indefinitely.

“[Local law enforcement] have always patrolled our schools. They have had a heightened presence recently and they are definitely going to continue to do that,” she said.

In a recent essay discussing safety in the county’s schools, Wilson also noted that Worcester would be considering further measures, such as the use of School Resource Officers – whether these be police or private security – as well as physical capital improvements, such as the installation of buzz-in security doors on schools’ front entrances.

These will likely be addressed, Witherow said, in conjunction with the studies done by local law enforcement as well as the schools’ own safety committees.

Students have also continued to practice “lockdown drills” in schools. Although the exact details of these exercises will not be revealed in order to maintain their effectiveness in a violent confrontation, Witherow said that they “do refer to the highest level of security, such as an intruder.”

“We are continuing to forge forward,” Witherow said. “I think our parents and our community can have confidence that the measures in our future recommendations have the backing of law enforcement.”

Convention center ballroom officially opens

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(Feb. 1, 2013) Ironically, the “big reveal” of last week’s ribbon cutting at the Ocean City convention center was not, in fact, the new $9 million ballroom itself, but an attraction that has been available for free in the resort for centuries: a big, wide view of the bay.

As the blackout curtains were raised on the facility’s west-facing bank of windows around 4:30 p.m., several audible gasps could be heard from those in attendance as a panoramic view of the sunset over the Assawoman Bay, perfectly framed by the ballroom’s glass façade, came into view.

“I felt like we should play the 1812 Overture, but Fager’s seems to have that locked up,” said Con-

vention Center Director Larry Noccolino. Playing Tchaikovsky’s epic orchestration at sunset has been a tradition at Fager’s Island restaurant ever since it became the first major attraction to stake itself on the bay-front in 1975.

Given the gravitas involved, composer Richard Strauss’s “Also sprach Zarathustra” (its fanfare was the theme of “2001: A Space Odyssey”) may have been more apropos.

“Forty years ago, everyone told John Fager he was crazy,” said Mayor Rick Meehan, “but here we are. We’ve already had people in the facility, and the response has been tremendous. They’re actually seeing what they’re here to see, which is Ocean City.”

For decades, common wisdom was that major attractions had to be located on the ocean side of the resort in order to garner consistent business, which was the assumption when the city’s convention center was overhauled, expanded and renamed the Roland E. Powell Convention Center in 1996. But as the scope of the facility has grown, the move has been made to take advantage of its location, an asset previously considered to be negligible.

“I believe Dennis [Dare, former City Manager] said that the only way you could see through to the water was if both doors for the freight elevator were open at the same time,” Meehan said.

But whereas the western part of the center’s ground floor was the previously said freight area, it has now been converted into a windowed walkway for displays and exhibitions, dubbed the Trimper Dockside Exhibit Hall. The loading dock has now been relocated to the building’s south side.

The ballroom, located directly above the exhibit area, was created by enclosing the outdoor deck behind the second-story convention hall, creating one enlarged space.

But this arrangement will see further construction again in the fall, as the second part of the convention center’s renovation begins. Of even larger scope than the ballroom project is the upcoming construction of a theater space, a one-two punch of capital improvements that the city only recently got full support for from the state.

In July, it was announced that the Maryland Stadium Authority had re-committed to its partnership with the city in the convention center, where it leases half of the facility’s operations. When the current lease expires in 2014, the state will sign another that obligates it to continue its 50 percent share of the facility’s running expenses through 2034. Additionally, the Maryland General Assembly passed legislation allowing the city to borrow against its own 0.5 percent food tax to fund capital improvements in advance.

Further, the state will also be contributing $5.7 million of the estimated $14 million cost of the theater project, which will consist of a two-level performing arts atrium with roughly 1,200 seats. The theater will be oriented north-south, with the stage itself on the southern border of what is now the convention center’s central hall ‘C.’ The theater’s balcony seating, vaulted ceiling and fly gallery – the space above the stage itself used for lifting props – will use what is now the rear portion of the second-story convention hall, to whose front portion the ballroom was recently added.

“So now we build another wall [at the back of the ballroom], knock out the floor and put in a 1,200-seat auditorium,” Meehan said.

The ballroom project took more than a year, having begun in August 2011. Noccolino said the theater project is expected to take 14-16 months, beginning next fall and ending in the early winter of 2014. Architectural work on both parts has been done by Becker Morgan, and construction by Whiting & Turner.

Minimum wage hike could hit resort restaurants hardest

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(Feb. 1, 2013) For resort-area businesses – and the tourism industry throughout the state – the upcoming legislative session in Annapolis may be less about getting what you want, and more about not getting what you don’t want.

A proposal currently circulating through the Maryland General Assembly seeks to raise the state’s minimum wage from the current $7.25 per hour to $10 per hour by 2015. According to the bill’s backers, the increase will be gradually phased in, but the end result will be to raise the standard of living for the roughly 320,000 people in the state who live off an hourly minimum wage.

Such an infusion of disposable income would presume to be healthy for tourism and the recreation industry as a whole. But another element of the proposal could as well be extremely onerous, in particular, to the resort restaurant industry.

The bill would also seek to raise the percentage of pay for tipped workers from 50 to 70 percent. Under Maryland law, which is similar to that in most other U.S. states, workers who receive tips do not have to be paid a full share of the minimum wage. Currently, they must receive at least half, or $3.63 per hour.

For many seasonal employees in the Ocean City area, however, this is an almost negligible income given the volume of tips received at bars and eateries during the summer months.

But if the minimum wage is raised to $10, and the minimum portion for tipped workers to 70 percent, this almost doubles the rate to $7 per hour.

“It could certainly have a devastating effect on small businesses,” said Ocean City Hotel, Motel, and Restaurant Association Executive Director Susan Jones. “There have been so many extra regulations and fees in past years.”

According to many business owners, the wage hike could actually have the opposite of its intended effect, at least for seasonal restaurants. Additional pay would be given to those who do not rely on it, such as seasonal wait staff, most of whom are students who do not live off their summer earnings per se. Conversely, this burden would force employers to either cut staff or cut pay to non-tipped employees, such as kitchen or management staff, more of whom are long-term employees who may rely on that income for their families.

“It could cause restaurants to limit staff or to cut jobs,” Jones said. “A lot of our places already do pay more than minimum wage [to non-tipped staff].”

Next week, the Maryland Tourism Council and the Maryland Association of Destination Marketing Organizations will hold their annual “Tourism Day” of lobbying Annapolis. With a significant contingent from Ocean City in attendance, Jones said the minimum wage issue is likely to come up.

“Traditionally, our focus for Tourism Day has been state funding for tourism initiatives,” said MTC President David Reel. “I don’t know yet if that issue [the wage increase] will be on our agenda specifically when we go down … but it’s certainly on our radar screen.”

Similar legislation was filed in 2011, Reel noted, but the bill did not make it out of committee hearings, due to its divisiveness and relatively low political priority.

“We try to focus on legislation that is moving or about to move,” Reel said. “If a bill has been introduced and considered in committee, then we probably need to jump in.”

Progress on other hot-topic legislation, such as gun control and the elimination of the death penalty, is likely to take precedence over lower-profile issues.

“I think the sponsors of the bill will have to evaluate, based on the reaction from various constituencies, whether or not to actually press forward in committee,” Reel said.

 

City to tighten enforcement of accrued leave

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(Feb. 1, 2013) The town of Ocean City is tightening the reins on its leave accrual policies, though how widespread or financially damaging any previous laxities may have been is still unclear.

A memo dated Jan. 17 from city Human Resources Director Wayne Evans to the city government’s managers and department heads instructs them to take note of existing city policies “to ensure proper payment of accrued leave upon separation of employment.”

Passages from the city’s employee handbook, cited by Evans, note that any time off that an employee may build up over his or her career is to be “paid out” immediately upon leaving the city’s ranks. This includes unused paid vacation, unused paid personal leave, paid holidays that were worked, and compensatory time accrued for additional work done.

When employees leave their jobs, the equivalent of this time in hourly earnings is to be paid to the departing employee. But, according to a number of people in the city’s employ, accrued leave has been being used to take what amounted to an extended vacation at the end of one’s employment, thereby staying on the city’s payroll despite having no intention of physically returning to work.

“The objective of the policy is to avoid having people who have separated from employment with the Town to remain ‘on the books,’” city Communications Manager Jessica Waters wrote in an e-mail. “In other words, employees are still entitled to their leave time, however; they will no longer be permitted to take it after their separation date per the policy.”

Such procedure, Waters said, has always existed but was not always strictly enforced.

Former Ocean City Police Department Chief Bernadette DiPino, for instance, is now serving as police chief in Sarasota, Fla. But despite leaving Maryland in December, DiPino will remain on Ocean City’s payroll until April, due to a 24-year law enforcement career with the city in which she rarely took time off.

“I do know there have been employees that this policy has not applied to,” Waters further said. “This memo was to remind people that this is the policy … and the direction that this is going to be handled from here on out.”

One of the potential ramifications of allowing employees to stay on the books by using leave time is that they would continue to receive benefits despite not actually working. These benefits could involve insurance coverage as well as financial perks, such as the retirement incentives the city offered in 2009 or the $1,000 bonus is granted employees last year.

“These policies do not contemplate the use of accrued leave to extend employment and/or benefits coverage beyond the last day worked, or to take leave in lieu of working a notice,” the memo stated.

 

Franchise auction results approved despite previous controversy

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(Feb. 1, 2013) The Ocean City Council this week approved the December auction of beach equipment franchise rights, which saw an additional $1,200 of revenue for the city over the previous sale, despite previous controversy over the dominance of one vendor.

Ocean City has a revolving system by which it takes bids for the rights of private operators to rent umbrellas, chairs and other equipment on public beaches. The city’s coastline is divided into parcels, consisting of one block’s worth of beach in the mid and south areas and several blocks on the less busy north end.

Each zone is auctioned every third year, with contracts lasting for three years with the option to renew at a 10 percent increase. The December 2012 auction saw four of 18 north-end parcels renewed, and the other 14 auctioned.

The concession system has been highly rewarding for the city’s coffers over past decades, but bids for any given stretch of beach have declined since 2008, as the slow economy has reduced concessionaires’ profit margins. Subsequently, the city increased the maximum number of parcels one franchisee could hold at a given time

The previous cap had been 33 percent, to prevent a certain level of beach monopolization by one vendor. But that share was upped to 50 percent in order to encourage an economy of scale and keep the franchises attractive to larger investors. This has resulted in a slow recovery of bid revenues, with the 2012 income $1,200 higher in total than the year before.

However, several concessionaires had come before the City Council in November to complain that the person who has taken advantage of the cap increase – Patrick McLaughlin – was only able to do so through extra-legal means.

In October of this year, McLaughlin was sentenced to 10 months in prison for failing to file tax returns and employment tax withholdings. McLaughlin operates 85 N Sunny, the resort’s largest beach equipment rental, which had won rights to nearly 50 percent of the beach. In this last auction, he gained four additional parcels.

McLaughlin apparently dodged $20,000 in Social Security and Medicare withholding for 85 N Sunny. His total IRS tab for all of his businesses, though, was $296,701.46.

The city, however, has been accommodating, despite McLaughlin’s franchise competitors lobbying against him.

“All returns have been filed and all tax has been paid,” McLaughlin wrote in an email last month. “I am in current compliance with my federal and state tax obligations and I have worked and continue to work with qualified professionals to ensure that I remain in compliance going forward.”

“I have kept the city advised of my situation and I am very grateful that the city has supported my efforts to remain a viable and contributing member and employer of the Ocean City business community.”

City Clerk Kelly Allmond noted that beach franchisees and the Beach Mediation Board, which rules on any disputes regarding the concession system, had met with the Ocean City Beach Patrol prior to the auction.

OCBP Captain Butch Arbin had asked, Allmond said, that rules governing the hours when franchisees can bring trucks onto the beach for their rental wares be more closely observed.

“Bill [Bandorick, mediation board chairman] recommends that we put stricter or tougher wording in there about driving on the beach. We’ve had a little bit of a problem with that this past year,” Allmond said.

She also noted that some vendors have requested an extension of their hours to 6 p.m., although the OCBP goes off-duty at 5 p.m. Mayor Rick Meehan said he didn’t see any reason that vendors couldn’t stay open as long as they wish, as long as they’re still open for all the hours that the city requires.

“I think it just set the hours they’re supposed to operate; it doesn’t mean they can’t stay open long than that,” Meehan said. “A lot of people stay on the beach after five. It’s like a retail operation in a shopping center – there are hours you have to stay open per the lease, but you can open early or stay later if you want.”