El Toro II --- Ten Years Later
By Kenneth C. Rossignol
ST. MARY’S TODAY
POINT LOOKOUT --- Ten years have passed since the sinking of the El Toro II, on December 5, 1993 and the tragic loss of three lives.
On Sunday morning, December 5, 1993, the El Toro II set out from St. Jerome’s Creek at Capt. Joe Lore’s fishing center where even today unsuspecting fishermen still board other vessels owned and operated by Capt. Lore.
Three people died after being left to float in the frigid waters of the Potomac River as a result of a bone-headed decision of the U. S. Coast Guard boat commander involved in the rescue.
The three dead from the El Toro II included 2 men from St. Mary’s County.
The Coast Guard also bore responsibility for allowing the El Toro II to operate, even though it was a poorly designed and built boat, had long outlived its useful life and even though it was in horrible condition, was passed by incompetent Coast Guard inspectors as being safe.
The planks of the craft were in miserable condition, were secured with fasteners which had become deteriorated for a variety of reasons and a fuel tank was banging on one plank as a bracket holding it off the bottom had broken. Eventually, it was these planks which sprung and allowed water to flood the engine compartment that sank the vessel.
But in spite of the rotten condition of the El Toro II, one of four charter and head boats owned by Lore which his insurance company inspector had put at "port risk" due to being in lousy shape, Capt. Joe Lore boarded their passengers for the December day in the Potomac River and Chesapeake in search of Rockfish.
The El Toro II, with it’s owner Capt. Joe Lore on board, and his son Clayton at the wheel, ignored repeated gale warnings and despite operating a creaky old vessel in need of serious repairs, the Lores headed out just at 8 am with 20 passengers in search of the prize Rockfish.
Lore had bought the El Toro II and his other 4 boats in 1987. The El Toro II was 32 years old.
The much sought after Rockfish, which were, after being banned for several years from being caught in order to boost depleted stocks, once again filling the Chesapeake Bay.
While Maryland’s Rockfish season was over, the Virginia season was getting underway and this unusual December cold-weather excitement had just about filled Capt. Lore’s boat with eager fishermen, mostly from the Washington area.
At about noon, with seas at about 6 feet and a strong wind coming down the Potomac from the west at about 40 knots, the heaving seas took their toll on the El Toro II and it began to take on water.
First the mate lifted the engine hatch and passengers could see water in the hold. A few minutes later, Capt. Joe Lore himself opened the hatch to find that water had consumed the engine compartment and the engine had cut off.
Soon water began sweeping the decks as passengers joined the mate in attempting to bail the boat, to no avail.
Passengers were told to put on the old cork lifevests and they soon began to ask Lore about when he planned to deploy the "lifeboat" which was stored on the roof of the vessel. A "mayday" was declared and Lore radioed the Coast Guard for help.
The "lifeboat", which was not a boat at all, but simply kept it’s cargo of cold bodies from floating away due to the net in the center of the large ring, soon was thrown over into the waves and the passengers began to jump into it, finding themselves in 50 degree water.
The mate, Eddie Phillips, gave his place to a passenger.
One man from Wicomico Shores left behind a grieving widow and two children, while 19-year-old Phillips, of St. George’s Island, a young fellow just out of high school who had been working as a mate on the headboat, died and left behind his brother and parents, Edgar and Betty Phillips, who were devastated at losing their son.
The third man who died was from Washington, D. C.
In addition to the initial faulty decision of the Coast Guard commander, the disaster revealed serious weaknesses in the St. Mary’s County disaster response plan.
After being left in the frigid water of the Potomac for the Coast Guard boat to arrive through high seas instead of being plucked from the water by helicopters equipped with rescue swimmers, the land triage area determined that the three men assessed to be in critical condition were to be taken to the hospital in the back of lumbering ambulances while the five helicopters on the scene flew away empty.
All three of the critically assessed patients later died.
St. Mary’s Hospital had no hypothermia care equipment even though the county has 400 miles of shoreline and boating and fishing is one of the county’s chief pastimes and industries.
The police, fire, rescue, Coast Guard and U. S. Navy couldn’t talk to each other on the same radio frequencies and the agencies never conducted any joint emergency drills. When they finally did arrange a drill, the government bureaucrats in charge set up the drill on the Patuxent River on a weekday, at convenient location and convenient time for bureaucrats but not for volunteers who work during the day.
In order for a drill to be authentic, it should have been held at the same point where the charterboat had sunk. Most boating disasters have not taken place within minutes of the dock but that’s where the drill was held.
The U. S. Coast Guard operates a station at St. Inigoes and it was from there that a cutter was dispatched to aid the El Toro II.
A barge and tugboat which was close to the sinking charterboat when the first calls for distress were radioed, offered to render assistance but was waved away by the Coast Guard cutter commander.
Maryland State Police Med-Evac helicopters flying over the people bobbing in the water around a life ring were told by the Coast Guard boat captain to wait until he got there.
Even Navy and Coast Guard helicopters which arrived on the scene, piloted by experienced pilots who were rehearsed and experienced in saving the lives of people struggling for life in the water, heeded the instructions of the Coast Guard boat captain.
The Maryland State Police helicopter pilots sat on the ground at Point Lookout State Park, while county ambulances begin to line up in a row ready to receive icy and wet patients.
The State Police helicopter pilots sipped coffee and chatted and while they questioned the wisdom of the decision to leave them stranded on land, never tried to buck the decision of a junior grade boat commander.
The St. Mary’s Sheriff’s dive team, dressed in wet suits, were the most upset at being left on land rather than taken out in choppers and dropped into the water to assist the passengers of the stricken vessel.
Finally, the Coast Guard boat arrived on the scene and then allowed the helicopters to bring people to shore while others were brought in on the Coast Guard vessel.
When the Coast Guard and Navy search and rescue helicopters loaded the limp and lifeless patients, they could have easily have transferred them to the Maryland State Police Med-Evac helicopters on the ground at Point Lookout which could have then flown the dying men to shock trauma units.
But the Ridge Volunteer Fire Department, which likely responds to fewer calls than any fire department in the region, was in charge and a decision was made, to ship out the dying people in the back of the ambulances.
Despite the fact that there are dozens of doctors who have practices in the county and live within a few minutes driving time of Point Lookout, none were summoned to scene to made intelligent decisions about the medical conditions of the passengers who had spent two hours in the freezing waters.
Television crews from the Washington area arrived at Point Lookout to cover the tumultuous event, but no doctors were called from Leonardtown.
Finally, the wet and dying were taken to Leonardtown to be treated at a hospital, which had no equipment to treat them for hypothermia. A few years later the hospital announced it had obtained hypothermia equipment.
Not only was St. Mary’s Hospital unprepared but the closest hospital, the one at the Patuxent River Naval Air Station, was even worse. There was hardly any staff on hand and just a few years later, the Navy closed the hospital. Even today, heart attack victims on the 17,000-employee facility have to wait for volunteers in the community to arrive to then carry them out to Leonardtown.
But the Navy had two Search and Rescue helicopters, the Coast Guard had one and the Maryland State Police had two of it’s fleet of Med-Evac helicopters on hand at Point Lookout.
The crews of the choppers did nothing until they were given the okay by a boat captain with virtually no experience, certainly less than any of them had.
Then, after assisting, the chopper pilots again parked millions of dollars worth of rescue aircraft on the ground and drank coffee while the injured were hauled away in ambulances to a small town hospital instead of being flown to shock trauma units equipped to care for those suffering from hypothermia.
Seemingly, the choppers were shunned because the eager volunteers from each of the area’s rescue squads all wanted to play a part in the rescue.
One passenger for each ambulance.
Instead of a wise and experienced disaster coordinator making decisions about how to conduct the rescue, it was up to a boat captain who told the tug captain and helicopters to stay away and he would soon be on the scene and be in charge.
Instead of people being lifted from the water within 30 minutes to an hour at the most, they were left in the water for 120 minutes to die.
Coast Guard proposals to require "hypothermia suits" for charterboats were ridiculed by Capt. Joe Lore not long before the disaster, as he groused that he would have no place to store the suits.
When finally making it to shore, even those judged most serious were given inferior priority evacuation.
Life-saving decisions were made by the leadership of the county’s least experienced fire and rescue companies, instead of by the most experienced.
Finally, the next spring, the Coast Guard flew in an Admiral and invited tv stations from Washington to attend a hero’s ceremony at which it honored it’s personnel for their heroic actions in the El Toro II sinking.
The Maryland State Police helicopter pilots who drank coffee while sitting on the parking lot of the boating ramp at Point Lookout while the El Toro II passengers floated in 50 degree water a couple miles away were commended for their heroism.
The Navy and Coast Guard rescue chopper pilots (SAR) were given medals even though they left the scene empty.
The Coast Guard boat commander who ordered all rescue operations to wait for him to arrive was treated as a hero by the Coast Guard hierarchy. He was given a medal.
The only true heroes among the Coast Guard crew were the rescue swimmers and crewmen.
The boat commander and the Navy and Coast Guard rescue helicopter pilots should have been held responsible for their incompetence and the Coast Guard officers who had been conducting inspections of the old wooden vessel El Toro II and failed to flunk it, should also have been held responsible. But they weren’t.
The sinking of the El Toro II was responsible for changes in the way the Coast Guard inspects vessels taking passengers for hire and as a result there are virtually no wooden vessels left on the Chesapeake Bay which are used as headboats, but simply take six passengers or less.
Headboats such as the Tom Hooker in Chesapeake Beach and the custom built Bay Lady headboat at Scheibles are steel or aluminum hulled vessels and much safer.
While the likelihood of another El Toro II disaster may have diminished with increased safefty standards, many other boating collisions and accidents take place which could challenge local emergency first responders. What have local EMA providers learned about the El Toro II? Is it a conflict of interest for the Coast Guard to conduct a review of incidents in which it has also played the role of the inspector, which inspections allowed the faulty vessels to remain in the passenger hauling trade? Can Coast Guard, Navy and emergency services agencies all talk to each other on the same radio frequencies ten years after the El Toro II sinking?
Where is the El Toro II now, is it still hauling passengers and is Capt. Joe Lore following the Coast Guard safety rules on his current vessels?
Watch for answers to these questions in coming weeks.
ST. MARY'S TODAY Files Anti-Trust Complaint
Over Post Purchase of So. Md. Newspaper GroupLEXINGTON PARK --- The purchase of the 8 Southern Maryland newspapers owned by Chesapeake Publishing by the Washington Post Gazette Newspaper group, which was announced yesterday by the Star Democrat, has been the subject of an anti-trust complaint filed by the publisher of ST. MARY'S TODAY newspaper.
The Washington Post purchase will create an advertising monopoly of Southern Maryland with nearly 95 percent of all local advertising going to the Post.
In addition to the Post purchase announced yesterday, Bay Media Partners Group Vice President Ronald Walton announced yesterday the completion of a sale of WMDM/WPTX FM/AM to WSMD radio owner Roy Robertson. Robertson will now own all five radio stations in Southern Maryland.
The result of the consolidation of almost all local news media in the hands two companies will be the increase of the cost of advertising for all local businesses.
"This will result in a great financial success for Roy Robertson," said Walton of the sale of his stations to the owner of three country music stations.
Washington Post Senior Vice President Ben Bradlee confirmed to ST. MARY'S TODAY the purchase of the Chesapeake publications, and said that the new acquired local papers will be run by the Gazette news group President Chuck Lyons, who at one time was associated with the parent company of The Enterprise.
Included in the purchase by the Post from Chesapeake, are The Enterprise, The Prince Frederick Recorder, The Enquirer Gazette in Upper Marlboro and the Maryland Independent in Waldorf. There are 5 free shoppers also included in the sale.
Chesapeake Publishing came to town in 1978 and bought The Enterprise and the St. Mary's Beacon, both of which traced their roots back to just after the Civil War. Chesapeake immediately closed down the Beacon, thereby eliminating all competition. Several years later the Tide was started but did not last. With the Times Crescent closed down in Charles County, the Maryland Independent remained the only newspaper left in that growing county.
Charlie Molitor bought The Enterprise in 1958 and built it into a powerhouse for the twenty years he owned it. Prior to being owned by Molitor, The Enterprise was owned for a while by the late Circuit Court Judge Phillip H. Dorsey.
The now twice a week Enterprise which prints color photos on it's front page was once a very iffy proposition, recalls Walter Dorsey, the five-term former State's Attorney for St. Mary's County and son of the former owner.
"Our press operator would sometimes get drunk and not show up to run off the paper and in order to keep our second class mailing for legal notices we would simply change the date at the top of the paper and run off the same paper from the previous week."
Molitor had his share of problems before he hit the big time as the area prospered in the 60's and 70's, having to borrow from Steuart Petroleum and area businessmen in order to make payroll and keep the wolves at bay with federal tax liens levied against the newspaper.
The Maryland Independent has had a more recent brush with notoriety when Editor John Driscoll was arrested and convicted in Tennessee on drug charges after he was caught with a pound of marijuana on an interstate highway. He paid a fine and served jail time but the Maryland Independent never printed a word about his arrest while routinely printing the arrests of local residents on drug charges.
The paid circulation newspapers owned by Chesapeake in Southern Maryland, along with their free distribution shoppers, are all printed at a modern printing plant in Waldorf.
The purchase of the papers by The Post leaves ST. MARY'S TODAY as the only independent newspaper that serves Southern Maryland. The Calvert Independent is wholly owned by the Washington Times, which ended up with the paper after its former owner went broke, leaving the paper as payment for their printing bill.
The Calvert Independent was founded by the late Sen. Ed Hall, a Calvert County Republican, who's family sold out after his death in the 1970's.
ST. MARY'S TODAY Publisher Kenneth Rossignol has asked the U. S. Dept. of Justice to investigate the Post purchase as to whether a violation of anti-trust laws has taken place, charging that a monopoly of advertising has been accomplished in the transaction and that predatory pricing practices have been undertaken by The Post.
St. Mary's Board Urged by Zoning Chief to Adopt Draconian 20 Acre Zoning Rule;
Wipe Out Legal Lots of Record
Ford Dean Calls Elements of Plan "Communistic"By Kenneth C. Rossignol
ST. MARY'S TODAY
LEONARDTOWN --- The St. Mary’s Board of Commissioners are currently considering a proposal from their Planning and Zoning Czar Jon Grimm to enact the most draconian ordinance yet in the county’s history of zoning laws, reducing housing density to 1- 20 acre or possibly 1-25 acre restrictions as well as remove thousands of legal lots from the land records without any financial compensation to the owners.This virtual ‘Communist Manifesto’, seizing of property by regulation without compensation and downzoning, is believed to have the support of two former members of the Planning Commission on the Board, County Commissioners Shelby Guazzo (R. Chaptico) and Joe Anderson (D. Drayden).
Believed to opposed to the move only is Commissioner Dan Raley (D. Great Mills) while where Commissioners Julie Randall (D. Spring Ridge) and Tommy Mattingly (D. Leonardtown) will go on the harsh proposal are uncertain.
The revisions to the county’s land plan dubbed the "Unified Land Development Code (ULDC) came in a Dec. 19th memo from Grimm to the Board and were not made public.
Grimm told the Board that he had been harping on the subject of growth management since 1993, issuing summary reports to the Board, stating that "the 1988 plan had not been successfully implemented".
Grimm told the Board in his memo that "Forty percent of citizens who participated in the development of the Plan cited a declining quality of life that many linked to uncontrolled growth and loss of rural character."
The establishment of the claim that "Forty percent" of citizens had that view missed any underlying explanation of who these people were or how or in what context their views were provided.
Walking up to folks who have been sitting in traffic on Rt. 235 and eliciting complaints about growth would not be difficult, but were wholesale removal of property rights explained as the chief antidote, there could be another answer from those polled.
If the people who attend the public hearings, the greenpeace activists and radical environmentalists who have opposed all development of Myrtle Point Park were the "Forty percent", then it would be easy to understand as those enviro-whackos have opposed everything in St. Mary’s County over the past 30 years.
Potomac River Association officers Jack Witten and Eric Jansson opposed the widening of Rt. 235 at public hearings held during the design phase. They held up the construction of the highway while they badgered the State Highway Administration over storm water management for the highway in spite of the SHA having to follow the most stringent standards in history.
David Triantos, a new resident of the county from Prince Georges, has identified about 6 of his neighbors in Medley’s Neck who will join him at occasional meetings and he now purports to represent the hundreds of citizens of Medley’s Neck residents in demanding a devaluing of the farmland in the area. This comes on the heels of Triantos calling local tobacco farmers "drug dealers".
The PRA has funded this offshoot of the environmental group after having gained a serious negative reputation following their killing off of the Myrtle Point Park master plan for development of recreational facilities.
Clare Whitbeck, another new resident of the county, has determined that growth is bad and despite plans at Callaway for development of commercial property which have been underway for decades, she has seen the manipulation of the ULDC as the way to stop what she deems to be negative development . She is reported to be considering a run for county commissioner thus a referendum on her views are possible.
Grimm, who had 2 votes of commissioners on the last Board aligned to remove him from as Planning and Zoning Director but was kept on the job by the reluctance of former Commissioner Frances Eagan, a move she now regrets, lectured the Board on zoning politics.
"The premise that it is not politically feasible to downzone the rural areas is the single greatest compromise of the adopted plan," said Grimm, who clearly doesn’t mind if farmland becomes worthless.
"The Rural Preservation District density should not be 1:3," said Grimm. "The adopted plan, in many of its provisions provides a reasoned basis to set the RPD density at either 15 acres per dwelling unit, using the farmstead model of the current Ordinance, or 20 acres per dwelling unit using the critical areas resource protection model."
Grimm proposed a sliding scale of diluted value for farmland as a way to try to mollify farmers who will be raped of their land value.
For property owners who have been paying taxes on legal lots of record and been waiting for alternative septic systems to be approved as technology advances, Grimm has a special surprise.
"These lots, recorded before zoning or under a prior zoning provision, often do not meet today’s environmental or health and safety regulations; but they hold inherent development rights that necessitate some relaxation or variance of the current regulations," wrote Grimm in his memo to the Board.
In order to avoid "haphazard development patterns", Grimm advises the Board that they "should be eliminated through amortization, lot consolidation and / or Transfer of Development Rights programs. The Maryland Department of Planning Deputy Secretary has indicated amortization as legally defensible. This may be an extreme response to the problem. A less stringent precedent which, exists in the Critical Area Overlay district, requires consolidation and reconfiguration of contiguous commonly owned lots of record to decrease or eliminate the nonconforming status of the lots relative to their zoning district density provisions."
In pushing the elimination of legal lots which taxes have been paid on their value as lots, Grimm’s fairy tale about TDR’s being a partial substitute of value will leave many people cold.
One way in which some property owners are given an astounding consideration by inclusion of their farms in town centers in Mechanicsville, Charlotte Hall and New Market will help pay back several large Democratic Party power brokers.
Grimm’s plan also calls for the wholesale elimination of commercial zoning on existing parcels west of the Leonardtown development district, south of the Mechanicsville town center and on scattered sites along Rt. 5 and Rt. 235.
Assuring no competition for Guazzo’s husband who runs a country medical clinic, Grimm’s plan will eliminate "Rural Medicine" uses entirely.
With most communist and socialist plans for other people’s property coming in direct opposition to the free market laws of supply and demand is another interesting part of Grimm’s plan. Grimm calls for adding densities of 10-15 units to the acre in targeted areas, meaning more townhouses.
Townhouses have been banned in Charles County and are blamed for deterioration of property values and are already saturated in St. Mary’s County.
This complete and total seizure of property through "sunseting and consolidating lots of record" comes without any plan for the county government to merely buy the lots at the going market rate, therefore compensating the victims of their land grab.
Even former Commissioner Ford Dean, a noted proponent of zoning laws, found this current ULDC plan unacceptable in it’s current form and offered 17 pages of corrections, comments, and complaints along with an alternative plan.
The Plan dilutes the power of the Board of Appeals and gives the commissioners the power to remove them.
Dean advised the Board in his letter that "the county commissioners should not second guess the action of the Board of Appeals. Thats what courts are for if a party is aggrieved by a decision of the Board of Appeals."
Dean objected to the elimination of previously approved site plans and PUD’s.
"To require their conformance with the new ULDC standards in effect eliminates any grandfathered status!" wrote Dean.
Dean actually called the plan "communistic" for conferring Historic Preservation status on property owners without first notifying them of the proposal to include their properties and impose restrictions on them which would seriously affect and limit their enjoyment and use of their properties.
"The consent of the property owner should be a requirement," said Dean, who said that property owners should be notified of the consideration of their property by registered mail.
Dean also pointed out that he was an original member of the group which formulated the Air Installations Compatible Use Zone (AICUZ) and that before any changes are made their should be review and comment by the Navy.
Under the new plan, no new auto dealership would be allowed to be built which included service facilities with the new car sales facility, an error Dean pointed out to the Board.
He also pointed out severe limitations on Home Occupation designations, banning anyone from visiting a home occupation permittee without a prior appointment and also banning advertising the address of the permittee, which would effectively ban yellow page ads or business cards.
Even the Saturday morning garage and yard sales so commonplace around the county would be pinched by a requirement to provide off-street parking, or even to sell a boat or a car.
"There are too many uses and unfounded restriction of uses; standards which are too specific, restrictive and unreasonable!" said Dean. "In fact, the question needs to be asked: should county government be dictating to the degree that these two chapters do? (referring to chapters 51 and 52). "It is noted that throughout Chapter 52, there are no stated standards, merely the word ‘reserved’. One cannot comment on what will be ultimately proposed in place of reserved."
"If Chapter 71 is not amended to contain more reasonable ‘environmental constraints’ the rights of individual owners to build on many existing lots will be lost," said Dean.
Dean also pointed out that the new code would prohibit residents from disposing of wood stove ashes, raking leaves and trimming trees and depositing them on their own property.
Really.
Dean castigated the TDR plan as being without value and proposed his own Dwelling Unit Density Increase Unit plan.
First Lawsuit Filed in Hepatitis A Outbreak
Attorney says health officials should make vaccine
available to anyone who ate at restaurants.By Kenneth C. Rossignol
ST. MARY'S TODAY
SOLOMON'S ISLAND --- The first of what could eventually become dozens of lawsuits was filed this past week on behalf of a tourist who came to this small island resort on the Chesapeake Bay and got caught up in the first round of a Hepatitis A outbreak which swept through 3 Calvert and St. Mary's County restaurants before health officials got a handle on the situation.Lori Troyanoski, a resident of Sellersville, Pennsylvania, has filed a lawsuit against Catamarans Restaurant on Solomon's Island, after she was infected with hepatitis-A during the August 2000 outbreak in Calvert and St. Mary’s Counties in Maryland. The spread of the hepatitis-A virus has been linked to an employee of that restaurant as well as the Roost in Lexington Park and North Ridge in California, Md. Ms. Troyanoski is one of the 27 confirmed victims infected with the virus during this outbreak.
Ms. Troyanoski was vacationing in Maryland with her husband and two young children when they ate at the Catamarans Restaurant on July 27, 2000, according to her attorneys. A written statement released after the filing of the lawsuit, states that on August 22, Ms. Troyanoski fell ill, exhibiting classic symptoms of a viral hepatitis infection: fatigue, jaundiced appearance, and fever. Soon after, she was diagnosed with an acute hepatitis-A infection, and hospitalized for several days for treatment of severe dehydration. The other members of her family were spared an infection, but received the immuno globulin treatment once Ms. Troyanoski’s diagnosis was confirmed.
Baltimore attorney David Shapiro told ST. MARY'S TODAY that he feels very strongly that it is likely that the number of cases in this hepatitis outbreak will exceed 60 persons infected. Shapiro also expressed alarm at the failure of health officials to take stronger measures in reaction to the outbreak.
"The health department should be offering immuno globulin treatment to all those who ate in the local restaurants as a preventative measure," said Shapiro. Shapiro won a class action lawsuit against Outback Steakhouse in Waldorf after an outbreak traced to that restaurant infected 53 persons.
Hepatitis A is linked to the failure of kitchen employees to wash their hands after taking a bowel movement. Restaurant patrons should avoid eating any uncooked food, such as salads, to avoid being infected. Cooking kills the bacteria left on food by unclean employees.
Business at the restaurants at which the outbreak was traced has been severely diminished, even though local health officers give the establishments a clean bill of health. All employees have been inoculated and interviewed and there is no reason from a health standpoint not to eat at the three stricken restaurants, say health officials. Many other local restaurants not afflicted by the outbreak have also seen a sharp decline in their business while owners are quizzing prospective employees on where they have worked and calling the health department for information on how to safeguard their establishments.
Health officials have offered shots to other establishment's employees at a cost of $17 per person.
Ms. Troyanoski is represented by the Seattle, Washington law firm, Marler Clark, whose attorneys are nationally known for their successful representation of victims of foodborne illness, and co-counsel, Benson Klein, with the highly regarded Gaithersburg, Maryland law firm of Ward & Klein. Last summer, Marler Clark obtained a $1.06 million settlement on behalf of 29 persons who were infected with hepatitis-A as a result of eating contaminated food at two Seattle, Washington Subway Sandwich and Salad franchises.
The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the U. S. every year, and at least 5% of these cases are related to foodborne transmission. In 1999 alone, over 10,000 people were hospitalized as a result of hepatitis A infections, and 83 people died. The illness is characterized by sudden onset of fever, malaise, nausea, anorexia and abdominal pain, followed by jaundice. and these symptom can linger for several weeks. The incubation period for hepatitis-A varies from 10 to 50 days.
Hepatitis-A spreads from the feces of infected people, and can produce disease when individuals consume contaminated water or foods. Contamination of foods by infected workers in food processing plants and restaurants is increasingly common. Cold cuts, fruits, fruit juices, milk, milk products, vegetables, salads, shellfish, and iced drinks are also implicated in outbreaks. Water, shellfish, and salads are also common sources.
For more information about hepatitis,
visit www.about-hepatitis.comBackground: Marler Clark has extensive experience representing victims of food-borne illness. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box. In May 1998, Marler Clark settled the Odwalla Juice E. coli outbreak for the five families whose children were severely injured after consuming contaminated apple juice. Ward & Klein was co-counsel on the claim of a Maryland family. Marler Clark is currently lead counsel in actions stemming from E. coli, Salmonella, Shigella, and hepatitis outbreaks in Washington, California, Ohio, Oregon, Missouri, Arizona and Wisconsin. Marler Clark has also litigated on behalf of individuals against KFC, McDonalds, Hardees, Wendy’s, Subway, Sizzler, Carl's Jr. and Costco.
Hepatitis Outbreak Now Up to 15 Cases and Confirmed In 3 RestaurantsClick here for more information on Hepatitis.
A new outbreak of hepatitis A, with 15 confirmed cases and tracked back to the Roost in Lexington Park, North Ridge in Calfifornia and Catmarans in Solomon's has both the Calvert and St. Mary's Health Depts. working hard to find each food service worker involved in the spreading of the dangerous infectious disease. More cases may soon be added to the tally as health officials say that they are likely to confirm two more cases and 4 cases are pending.
The outbreak is the worst in the area since 1998 when 53 cases were tracked down to the Outback Steakhouse in Waldorf. A warning to military personnel in the Washington region was given to ST. MARY'S TODAY and triggered the first public disclosure of the dangerous problem and revealed that the Health Dept. had intentionally tried to keep the outbreak secret instead of warning the public, which is the action taken by the Health Dept. in this year's outbreak.
The through washing of hands after having a bowel movement is the way to prevent communication of the disease and the failure to do so is likely the way that the 15 known persons became ill after eating at the Roost and Catamarans.
Health officials say that 5 persons ate only at the Roost and other restaurants but not at Catamarans, that 5 ate only at Catamarans and other restaurants but not at the Roost, 3 ate at both restaurants and 2 ate at neither place ( one person was from Baltimore and one was a close contact to a known case).
The latest eating establishment to be found to have a case of Hepatitis traced to it is the North Ridge at the Best Western Inn on Rt. 235 in Calfifornia. Health officials say that a cook at the eatery has been confirmed to have a case of hepatitis and patrons of North Ridge may have been exposed and should be alert for symptoms of hepatitus A for the next 8 weeks.
The results of the outbreak on the Roost have been severe with employees of the establishment seeking jobs elsewhere after business at the once busy 50-year-old landmark roadhouse has fallen off to a trickle.
There is no way to put a pretty face on the problem. In restaurants, the most likely way for the disease to be passed from infected employees is the failure of employees to wash hands after having a bowel movement.
Restaurant management should regard the washing of employee's hands the same way they do access to the store's safe and inspect, reinspect and document all trips by employees to restrooms and ensure that they wash their hands once again under supervision of management. The failure to act aggressively on this problem could be the downfall of the business.
Eating in restaurants can be safe if patrons avoid all uncooked food such as salads as cooking of food destroys almost all bacteria.
Symptoms are: Yellow skin and eyes, brown tea-colored urine, diarrhea, fever, loss of appetite, stomach pain. The health officials first began their probe into the 6 confirmed cases on Aug. 17th and finally released the names of the restaurants in which the disease was associated last Thursday, following a careful investigation. Shots for employees of the restaurants were undertaken and anyone with any of the symptoms should seek medical help immediately as there is long-term damage to the liver as a result of contracting hepatitis.
Contact the St. Mary's County Health Dept. at 301-475-4318 and the Calvert County Health Dept. at 410-535-5400 for help if you believe you may have contacted hepatitus A.
Lacer Backed Down On Attempt To Can EDC Director
After Failing To Win Support Of Board
St. Mary's County Administrator Al Lacer wanted to can Economic Development Director
Martin Fairclough, at yesterday's meeting, but no action was announced after a late
afternoon meeting. Lacer, hopping mad at interference by Commissioner Joe Anderson, failed
in his bid to gain three votes on the Board to sack the EDC director. Anderson has been
meddling in the day-to-day operations of county government, blocking effective
administration of Lacer. Not that Lacer knows too much about the post he was
appointed to early this year with only his work as an attorney to put on his resume, never
serving in public administration, but hired to replace Mort Smedley, whom is still being
paid his $100,000 annual salary by the commissioners. Lacer makes $123,000 annually.
The dispute centers around Fairclough's
request to attend a EDC conference dealing with hi-tech industry and defense contracting
firms, both of which are a growth industry for St. Mary's and Pax River. The cost of
attending the conference being held in England would have been paid for by grants with
only a small part covered by the county, but Lacer canceled the request, much to the
consternation of Anderson. Lacer wants the Board to back him up in firing Fairclough
but the Board has become weary over all of the grand exodus of their senior staff and is
not likely to grant Lacer's wish, leading to speculation that he will himself quit,
leaving the Board with a record of 3 administrators in less than two years. Others
say that Lacer will not leave such a lucrative job, but reports continue that Lacer was
negotiating with a DC law firm. Will Lacer win out or will he split?
Only The Shadow knows for sure!
Exclusive Report:
Overtime Overdrive for St. Mary's
Deputies
Some Voorhaar cronies nailing
taxpayers for
as much as $17,000 in overtime in one year
By Kenneth C. Rossignol
ST. MARY’S TODAY
LEONARDTOWN --- Over the past several months as St. Mary’s Board of Commissioners President Julie Randall attempted to justify a large increase in local taxes, the pressure was on Sheriff Richard Voorhaar to have his deputies come forward at public meetings and ask for more pay.
Of the more than 100 deputies working in the county, only a few came out to the hearings but one in particular who did so, Deputy Daniel Alioto, a 5-year officer who has been on the fast track to success, quickly rising to choice duty assignment in the department’s detective bureau, came through for the Sheriff and for the commissioners who wanted an excuse to raise taxes.
Dep. Alioto brought his wife and children out to the hearings and wrote letters to the papers, arguing for more pay. Another deputy who sounded off in favor of more money, Cpl. Gerald Johnson, is an official of the local Fraternal Order of Police lodge in Great Mills, a group which has long been known as a place for deputies and wannabe cops that suck up to them, to go get soused before they drive home, confident in the knowledge that if stopped they will never get arrested for DWI due to the special standards of law in existence in St. Mary’s County.
These two deputies, along with a half dozen others, have special reasons to want higher pay. They can maintain their standard of living to which they have become accustomed without having to look busy in order to rack up overtime.
Alioto and Johnson are home-run champions of the overtime game. With only two weeks remaining in the current fiscal year which ends July 1st, Alioto, according to county payroll records, has racked up $37,928 in regular pay, used $1,117.50 in comp time, and received $14,405 in overtime pay. He never had time to put in for sick leave, but his adjusted pay with all leave taken into account is $56,248.02 for the past year. Not bad for a deputy who has been on the department for five years.
Cpl. Gerald Johnson nailed down $15,577 in overtime. Woe is me, said Gerry during the budget hearings and the campaign to raise taxes on the average citizen. Johnson’s pay: $63,994. Woe is us, say the citizens.
Gerry Johnson, the FOP honcho, was prominent in Voorhaar’s campaign in 1998. Connect the dots.
Lt. John Horne, the commander of the criminal investigation division and Alioto’s boss, made less money than Danny and Gerry. Horne got $55,295. A prima donna who can’t work with anyone, say police sources, Horne is still considered a top notch investigator by other officers in other agencies.
In contrast, Cpl. Oliver Stewart, who has been on the department for about 20 years, is a road patrol supervisor and was a top-rated alcohol enforcement coordinator before falling out of political favor with Sheriff Voorhaar, made $57,662.01.
Alioto has been a political consort of the Sheriff, Stewart tried to remain neutral in the last election, not taking sides between Don Purdy, Voorhaar’s 1998 Democrat opponent, while he pedaled a few campaign buttons in his side business of making buttons.
A deputy who works road patrol and was a detective prior to Alioto being assigned there, was hired several years before Alioto makes a lot less money. Deputy Eric Sweeney pulled in $45,453 with only $980 in overtime.
Cpl. Mike Gardiner, a supervisor and standout performer for the department over the years, made $54,982, including $3,633 in overtime. Nearly $3,000 less than Alioto. But then Gardiner isn’t the son of the vice-president of the Seafarer’s Union and able to give great deals to Voorhaar for use of the union hotel at Piney Point for Christmas parties and other functions. Also, Voorhaar has nailed down some pretty good financial donations to his campaigns from the dues of union members, not that the hard-working union members had any say in funding the Republican Sheriff’s two campaigns for election. That decision was made by Deputy Alioto’s dad and his cronies. Job security comes in many forms.
Only two deputies got more overtime than Alioto, Deputy Andrew Holton and Phil Joseph.
But it appears Holton earned his as the officer assigned to go to all of the community meetings connected with keeping the grant money coming from the state and federal governments, COPS, Hot Spots, etc. Holton was hired back on the department as part of a settlement of a federal civil rights suit in 1993, stemming from his illegal dismissal prior to that time and Voorhaar doesn’t have too many other black deputies to send out to meet the community, so when one has an image builder, albeit, one of the few black deputies, one needs to send him out a lot, thus he built up $17,814 in overtime. One would think that fair hiring practices would give Voorhaar more than just one deputy to use for his race and give a better deal to the taxpayers.
Dep. Joseph ought be really racking up loads of drug arrests as narco detective as he nailed down $17,905 in overtime, driving his total compensation up to $66,737. Not bad pay for a county deputy down here in this sleepy peninsula where the crime rate is dropping each year, according to the Sheriff. We’ll have to wait for those drug arrests to come through. Will any of them be white drug dealers? Will Mr. Big finally be arrested? Only The Shadow knows for sure!
Another rising star for the department who was out on the streets learning the ropes of how to make easy stats by busting ignorant and greedy black street dealers, Dep. Russell Trow, was assigned to narcotics and quickly went into overtime overdrive. Trow has received $11,369 in overtime making this 3-year rookie a big player in salary sweepstakes at $47,695 as his base regular pay was only $28,966. Count how many large white drug dealers ever get caught. You only need one hand.
In contrast, Dep. Lawrence Vallandingham, an 11-year veteran, made $47,588, with only $1,393 at time and one half pay.
Another rookie who went into narco to turn local black street dealers into department stats before they are then plea bargained away, drained of any data on their competitors so they too can be turned into useless stats, made big money. Dep. Edward Evans, only 3 years out of the academy, nailed down $46,314, with 33,003 in regular pay, $8,402.48 in overtime, 81 hours of comp time totaling $1,443 and only having time to be sick for 8 1/2 hours at $154.28. Not a bad job for a kid his age to make this kind of money. The biggest risk to his career comes from the politicians in the Sheriff’s Department, not from the drug dealers.
To contrast Evan’s good fortune to be handpicked to be a drug cop, take a deputy of similar vintage, Dep. Todd Fanning. His total pay is $34,688, including $$1,526 in overtime. Dep. James F. Fowler, a steady performer in road patrol police work had his total pay for the year at $45,794, including $3,848 in overtime. Fowler has been on the department for about 6 years and works shift work.
One of the most ineffective commanders of the drug unit, and there is serious competition for that honor with Steve Doolan and Lyle Long having previously held that command, is Sgt. Kenny Cusic. Cusic, best known for being promoted for making a lazy Susan for the radio room and condemning his K-9 dog as useless, only to see the county give the dog away and have it win awards in Pennsylvania police work, has been narco commander for a couple of years. His reign as narco chief is marked by ...well...nothing. But he managed to have picked up $7,291 in overtime this past year, making his total pay $61,331.
Deputy Steve Doolan, who until a couple years ago was stewing behind the duty officer’s desk as a shift sergeant, was made captain when Jamie Raley decided to get out while the getting was good, is a home-run king too. He has garnered a heck of a suntan as he goes from golf course, to fishing hole to hunting place, now in a luxury 4-wheel drive Ford Expedition, a vehicle citizens have to spend around $40,000 to acquire. Doolan’s home-runs are hit in the sick leave department as he maxed out in pay and the commissioners haven’t funded Voorhaar’s request to raise Doolan’s pay to $74,000. Doolan used 127 hours of sick leave to the tune of $3,588 in extra pay. That is three weeks of sick leave. Be sure to wish Steve to get well next time you see him on his favorite bar stool at the FOP or out on one of the local golf courses where he really sweats sheriff’s department business with Sgt. Mike Merican.
A road patrol deputy who has suddenly hit the big time is Deputy James M. Gray, now a detective, and he has received $10,999 in overtime, his base pay was $35,190 and his total of all pay including leave for all but the last two weeks of the current fiscal year is $52,124.
The internal affairs investigator, actually now one of two sergeants with that designation, Sgt. Mike Merican, who hunts and fishes with his Western Maryland pal Doolan, managed to put in $4,103 in overtime as he hunted down who among the deputies was lying about being sick when they were really playing golf. His total pay was $57,065.
A new deputy, Chris Morley, has a base pay of 24,680 for what appears to be less than a full year on the job. But according to county records, he is some kind of valuable to the Sheriff’s Dept. as he was paid $12,534 in overtime, totaling $44,813 for this year. It is comforting to think that such a new officer is another Sherlock Holmes.
Dep. Steven Myers, the alcohol enforcement deputy, who was actually robbed at gunpoint in Waldorf during drug buy and became the laughing stock of police throughout the region, showed up to argue for higher pay at the public hearings. He made $8,462 in overtime with total pay of $52,526.
Dep. William Raddatz received $8,207 in overtime, not bad for a rookie, who pushed his pay in only 2 years to $43,588.
Dep. Dung T. Ross, an 11-year veteran, received $912 in overtime and $46,657 in total compensation while new deputy Richard Russell got $10,773 in overtime and $46,542 in total pay.
Detective Julian Schwab, who was the lead detective on the Mouse Trap murder but left the week after the murder on a pre-arranged vacation trip for two weeks allowing the case to grow cold, was able to garner $9,304 in overtime with a total of $55,625.
Detective John Shoemaker finally got his politics right and married a cousin of Sen. Roy Dyson and backed Voorhaar in the last election. Old John got $7,696 in overtime with a total pay of $58,421, including using 108 hours ($2,615) in sick leave. His wife was active in asking for more pay for deputies. It’s nice to see a family stick together.
A soccer buddy of Sheriff Voorhaar, Deputy Chris Medved, cashiered $8,281 in overtime, $2,087 in sick leave and total pay was $53,369, striking yet another blow to the game played in this year’s budget about underpaid law enforcement officers.
Lt. Robert Hall, the commander of the road patrol division and a 20-year veteran made $59,719 in the same time period. But commanders cannot receive overtime but unlike Doolan, Hall didn’t rack up sick leave in an enormous quantity. He used 34 hours, less than a week’s worth, over the past year, leaving Doolan the all-star among top staff with three weeks sick leave used in one year.
Sgt. Lyle Long, the former drug-buster star of ten years ago turned ineffective drug commander, turned homicide detective and hunting buddy of State’s Attorney Richard Fritz, was able to hit pay-dirt in overtime as well. Long pulled in $66,162 in total pay with $10,418 in overtime.
About a week ago, Doolan, Alioto and Horne starred in a Washington Post article, bemoaning the fact that the Sheriff’s Dept. doesn’t have enough detectives to share all this overtime largess.
A retired detective was asked to guess what figure Alioto made in overtime, compared to when there were less detectives closing more cases than currently is the situation. That detective guessed Alioto’s overtime at about $6,000. When told that it was more than double that figure, he said that only 3 years ago, that was more overtime than the entire detective squad would accumulate.
The Washington Post reporter was anxious to help out the guys on the department and did a nice job of it. After all, ST. MARY’S TODAY had made a request for the salary and overtime records a month ago and they couldn’t stall any longer, thus calling up a reporter who had been shunned to do a nice public relations turn for them would help create sympathy for them in the community.
Woe is us, said the political cops with cushy jobs.
But now, the citizens of St. Mary’s County know the rest of the story.
As arguments were made to increase the base pay for deputies, it appears that all the department has to do to convince folks to sign up with them is to shell out lots of quarters for this week’s paper and hand them out at recruiting booths, showing that it doesn’t really matter what the starting pay is, in as little as 2 to 3 years, a deputy who gets his politics right will get his money right too.
Regular hours: $1,886,753
Overtime (not including shift differential but just overtime) $581,170
(30.8 percent more of the regular hours was paid in overtime, which could have funded about 6 more deputies who could have put in full workweeks. But the current commissioners changed the way overtime is paid. If a deputy works 9 hours in a day, the extra 1 hour is paid as overtime, regardless of whether that deputy works 40 hours that week, works only two days and then takes annual leave, or whatever. Only Commissioner Dan Raley voted to keep overtime pay coming at the end of the 80 hour two-week pay period as had been the practice.)
Most deputies also work part-time security, where they are allowed to use their county-provided take-home police cars, use county provided gas, and sit in the cars around various private properties with an average pay of $20 per hour. This income is on top of that they make as deputies.
Before Raising Taxes, Board
Hiked Spending In Most Every WayBy Kenneth C. Rossignol
ST. MARY’S TODAY
LEONARDTOWN --- The St. Mary’s Board of Commissioners took a lot of heat from those upset with their decision to make dramatic increases in both property and income taxes this past week at their public forum following their regular meeting.
A review of the operating expenses summary for the new fiscal year budget, which will be funded by a 24 cent hike in the property tax and returning the piggy-back income tax to it’s maximum level, shows that the citizens who are angry have good reason to be. The Board increased spending for most every one of their departments and gave away tax money to an ever-increasing list of charities and non-profit organizations.
All of the following entities are non-St. Mary’s County Government entities.
Of the non-profits, $10,000 was given to the Historic St. Mary’s City Foundation, even though St. Mary’s City has been faring well with the legislature lately. The foundation, which supports the college and commission, is involved now in raising money to fund the reconstruction of the first brick Roman Catholic chapel in the original 13 colonies.
The county’s historical society was granted $200 more than they sought by the big spenders on the Board, giving them $12,700.
The local hospice was given $15,000 by the St. Mary’s County Commissioners, showing that death and taxes can have a good working relationship as they combine to be the ultimate consequences of life.
Commissioner President Julie Randall found out that the Jude House, a half-way house for substance abuse addicts located in Charles County, was a favorite cause of Senate President Mike Miller and anxious to improve her Annapolis connections, reached into the county treasury for $10,000 to give that private facility.
Showing that they are concerned about how many people cannot read and write in St. Mary’s County, regardless of how many millions more has been spent on public education over the past few decades, the Board still coughed up $12,000 on top of the money provided to the school system, but gave it to the Literacy Council, which last time we checked was a group of volunteers who teach the illerate how to read. Maybe they need some books not available at the library’s special table of used books which sell for twenty-five cents.
The Mental Health Authority of St. Mary’s County shows that they aren’t crazy, they are going to go for the gold while the door is open to the county’s vault and they grabbed $54,945.
The Naval Air Test and Evaluation Museum has siphoned off the pockets of taxpayers both in the county and statewide, paying several million for the purchase of the property located immediately adjacent to the new north gate of the Patuxent River Naval Air Station in order to move out of the existing museum quarters near the main gate. The commissioners, anxious to show that they are supportive of the navy, popped the cork out of the piggy-bank and pulled out $30,000.
Former County Administrator John Kachmar had proposed citing a new museum at the entrance to the base but he had hoped officials could have set up a tax incentive financing district (TIFF) in Lexington Park to pay for the museum and other public infrastructure improvements, such as a new library. As it is, the funds will come solely from taxpayers at the local and state level.
The Navy Alliance, which has done a valiant job of promoting the base and lobbying for expanding units from bases closed elsewhere, garned $20,000 from the Board for the new fiscal year which begins July 1st.
Weighing in for the first time in years is the St. Joseph’s Receation Center which is a private facility and requested a $150,000 donation from the Board, using tax money. They didn’t get it, in a fit of tight-fisted mood of frugality on the part of the Board. Blacks don’t vote like they used to.
St. Mary’s Caring, Inc., was given $10,000 just to show that the Board cares too. This group is the official name of the Lexington Park soup kitchen, formerly known as Mary’s Song. They have already amassed $20,000 which they keep stored neatly in the bank. The volunteers in this group used to raise money with charity bake-off auctions but they learned the secret of looking good at the expense of the taxpayers and letting liberals get that warm fuzzy feeling without having to do any work.
Perhaps to show that they wouldn’t fund every lame cockeyed effort to rob the taxpayers the Board denied a request for $10,000 for the St. Mary’s River Concert Series and there were some taxpayer funds which did not get sent down the ....river. Then they changed their minds and sent the money after shafting the citizens with massive tax hikes.
Even though St. Mary’s College of Maryland has won rave reviews in national publications in past years, although those reviews have become a bit more scant under President Maggie O’Brien, the Board of Commissioners saw fit to dip into the pockets of the taxpayers and ante up $6,000 for the College scholarship fund.
St. Mary’s County is a partner with Charles and Calvert in operating the College of Southern Maryland but evidently the Board feels that when students from around the state or around the nation want to attend the pricey little liberal arts college nestled on the banks of the St. Mary’s River, that they need tax money to help them with their tuition costs.
The Sotterley Foundation was given $50,000 by the Board, bringing the public monies handed over to that private group to the largest levels yet. Owned for decades by robber baron J. P. Morgan’s granddaughter, the property was divided up several times when the late wealthy woman decided she wanted to sell off land while she had the means to fund the maintenance of the old plantation, she left it needing a new roof at the time of her death several years ago.
The last Board funded restoration of the old slave quarters and poured money into the tourist destination, ironically using the tax money of black citizens to memorialize slavery which existed in St. Mary’s County up until 137 years ago. The plantation was formerly owned by the family of Circuit Court Judge John Hanson Briscoe, a former Speaker of the Maryland House of Delegates, and today the judge presides over the foundation’s board of directors.
In addition to funding the College of Southern Maryland, providing scholarship money for St. Mary’s College, paying for night school for high school dropouts (GED), the Board also forked over $50,000 for the Southern Maryland Higher Education Center.
This institution is located next to the county’s airport and lanquished with empty classes and came perilously close to closing in it’s first two years. Blamed for the shaky start, former Calvert School Superintendent Eugene Karol was ousted as the Center’s director, a post he held after being head of public schools in Calvert. He is currently a candidate for election to the Calvert school board.
Designed to provide a place for out-of-town educational institutions to offer post graduate degree work for the county’s hi-tech workforce, the Center has enjoyed great success in the past year since Johns Hopkins began offering courses at the site.
Southern Maryland Interagency Consortium for Children and Families. Quite a moniker for a group likely composed of welfare agency bureaucrats who likely meet over donuts and coffee and conjure up ways to get grants to give themselves larger salaries. The Board gave this group $7,400.
Three Oaks Center is the name of the Lexington Park men’s homeless shelter. About five years ago when this shelter got underway, the center’s board of directors promised the then commissioner board that they would be satisfied with the free county land donated to the shelter and with the $150,000 of tax money which was garnered from the State and would no longer come back and hit up the taxpayers for more loot. Last year the Board saw fit to give the shelter $35,000 to fund the salary of the Democratic Party functionary, a former Democrat commissioner candidate and planning commission member, nephew of a former longtime commissioner and son-in-law of a former Democratic Central Committee member, who was hired as the director of the private shelter. This year, the Commissioners have increased funding to the group to $50,000.
Tri-County Alternatives for Youth picked up $26,250; Tri-County Community Action recieved $17,751; Tri-County Council’s annual dividend was $94,200; (Tri-County Council is funded by equal sums from Charles and Calvert Counties and a matching sum from the State of Maryland, it was formed after slot machines were outlawed in 1966 to expand the region’s economy) and Tri-County Youth Services Bureau was funded with $116,479.
Walden-Sierra picked up $195,038 in county tax funds but when they wanted to buy a new vehicle in past years after a van was wrecked, they did so without bothering with competitive bids being processed.
The trusty old watermen managed to grab a seat at the table with all the Peter, Paul and Mary groups of social welfare organizations and stuck out their hands to the county treasury, displaying a lot of nerve for a bunch of guys who rarely report their proper incomes, and snatched $33,000. They had requested $123,500.
The Wicomico Scenic River Commission has robbed the taxpayers of $1,000, likely to go to pay for the stupid signs which have been popping up, proclaiming "Wicomico Scenic River", and are posted along various roadways.
The Women’s Center picked up $72,409, an 8.5 % increase.
St. Mary’s Costs To Dump Will JumpPRINCE FREDERICK --- Waste Management wheeler and dealer Bill Mattingly, a native of son of Chaptico, dressed up in his best suit last week and went over to visit the Calvert Commissioners to ask for a $5 hike in the per-ton fee charged for dumping in the Calvert Landfill Transfer Station.
The fee has been set at $39 since 1996 with Calvert County getting paid $1.50 per ton from the fee with the balance going to Waste Management.
Mattingly told the Calvert Board that his firm needed to raise the rates.
"We have had to increase our tonnage and our labor," said Mattingly, who noted that since St. Mary’s County closed it’s landfill in January 1998 and its rubble fill in January of this year, the firm has to haul over to the Appeal facility in Calvert, thereby using more time for drivers and fuel for trucks, as well as increasing the equipment the firm uses for sorting the trash and loading the large trucks which in turn then transport it all to a mega-landfill in King George, Virginia.
Mattingly encouraged the Board to pass the hike which will increase trash fees for St. Mary’s residents who pay his firm to haul the trash, in fact, his firm has bought up most all of their competitors in the area giving them a virtual monopoly.
"You are the lowest game in town compared to prices charged throughout the area," said Mattingly, who sought to be anointed a Democratic candidate for St. Mary’s county commissioner in the 1998 election.
Fees range from $44 per ton in Montgomery, $49 per ton in Prince Georges, $57 per ton in Calvert to $65 per ton in Anne Arundel, according to figures provided the Calvert Commissioners at their meeting.
"We incur all the costs, we build the facility and provide the equipment," said Mattingly of the Calvert transfer station. "The loaders and the excavators."
Commissioner Pat Buehler (D. St. Leonard) questioned Mattingly’s figures which noted that inflation and tipping fees had not gone up and therefore were not items which would push for an increase.
"Why would it cost any more to operate now?" said Buehler.
"Our costs are higher, hauling costs, fuel, we are this point operating in the red, that is why we are here," said Mattingly.
"What happens when fuel prices go down?" queried Buehler.
"Nothing," said Mattingly.
"In the grocery business, when the wholesale costs goes down for an item the retail price drops too," said Buehler.
Sitting quietly in the back of the commissioners chambers, St. Mary’s County Public Works Director George Erichsen told the Calvert Board that the fee was set at $35 per ton in St. Mary’s prior to being shut down after it filled up.
Former St. Mary’s Commissioner Larry Jarboe told ST. MARY’S TODAY after the meeting that had the St. Mary’s Board kept their fee at $40 per ton, more trash would have been hauled to Calvert, where it in turn gets trucked out of state and the St. Mary’s landfill could have been closed to rubble for commercial haulers, keeping the landfill open to citizens and small haulers for years to come and avoiding the expensive capping charges which run into the millions of dollars.
After being assured that the lower rate paid by Calvert County to dump their greenboxes, located at drop off garbage centers, will not be increased, the Board decided to opt for a full public hearing before raising the rates.
Why Pat Buehler
Chucked Job He Cherished
By Kenneth C. Rossignol
ST. MARY’S TODAY
PRINCE FREDERICK --- It may be really easy to understand why Pat Buehler is chucking his post as Calvert County Commissioner after serving for ten years.
His reason may have to do more with how decisions are reached in the comfortable commissioner’s meeting chambers than with the conflict of interest which he cites as having provoked his decision.
The three-term Democrat, who has lined the walls of his office in his country store with photos of U.S. Presidents, Members of Congress, Mayors of Baltimore and Maryland Governors whom he has met in his 30 years of active participation in politics, is walking away from a life he loves.
Buehler won’t say it but the looks on his face and his attempts to inject wisdom and common sense into discussion among his fellow Board members at the June 13th meeting ran the gamut from discomfort, displeasure to outright pain.
Out-voted, out-talked, even out-landished, Buehler just gave up after being on the losing end of such mundane items as funding a welcome center staffer in North Beach to approving the massive budget which runs the county during the next fiscal year.
Taken individually, the Calvert Board is composed of some real nice folks, deeply concerned about providing the good government that they sincerely wish to accomplish for their fellow citizens. But collectively, the GOP-dominated Board is a cross between the Gong Show and Bedtime for Bonzo.
Roberts Rules of Order were blatantly violated by the President, who is ironically charged with keeping order.
"I am going to make a motion as long as we are not operating under Robert’s Rules of Order," declared President Linda Kelley in violation of Roberts Rules which prohibit the chair of the meeting from making motions. "I wish to revisit the issue of the Sheriff’s Executive Assistant to support funding of that position, all it needs is the funding."
After a discussion the president’s motion died on a 3-2 vote when the two Democrats, Buehler and Barbara Stinnett were joined by Republican John Douglas Parran in killing the unnecessary administrative post sought by Republican Sheriff Vonzell Ward, the mystery man who once claimed in a speech that he had a wife and child and later admitted that he had made them up.
Twice before the issue of funding a new administrator post for Sheriff Ward had been defeated by the Board but Kelley and Hale wanted to drive home the point one more time that they want to give Ward anything he wanted. The county’s Fraternal Order of Police opposed the job being funded and a $3 million lawsuit has been filed against Ward by Sgt. Rich McDowell after he was allegedly punished by Ward for lobbying against legislative approval of the funding after the Commissioners turned it down.
As the day wore on, budget processes were violated at the last second as the final vote on the budget was about to be conducted, and the commissioner responsible skewering the budget protocol introduced an item which he admitted was a matter of "pandering" and even laughed when it was suggested that he was the "Chief Phil-panderer of Calvert County".
And the commissioners gobbled down a platter of sandwiches while they considered all the issues of the county’s garbage --- solid waste --- and a proposal to raise fees for the customers of the transfer station.
They defied all logic when they spent a half hour debating spending $31,000 on a staffer at the welcome center in North Beach, which they know won’t actually greet tourists, while ending their meeting with a reference to sending a meek letter to Mayor Mark Frazer insisting that he remove the pole tax on Calvert County residents that the blue-collar little town which is being manipulated by racist elites who are gentrifying the waterfront areas and is currently charging the mainly black clientele of the town’s superb fishing pier.
Next on the agenda is a proposal to close the pier at 10 pm, marking a final victory over the working class and retired folks who enjoy the low-cost sport of trying to catch one of God’s finfish treasures of the Chesapeake.
Night fishing may soon be another Maryland memory lost to fancy dans who are changing Calvert County from Solomon’s Island to North Beach. A change which isn’t always for the better.
All the Calvert Commissioner’s Board would have had to do was to tie a string to the staff position funds and the pole tax could have been yanked right away.
But like many Republicans, only lip service was given by Commissioners Kelley, John Douglas Parran and David Hale, who all said after the meeting that they would like to see the pole tax removed completely.
But while beating their chests about giving the pole tax the heave ho for Calvert residents and taking no action in telling Frazer that the per-fishing pole tax gives the county a black eye, they are still able to maintain their popularity with the redneck and racist elements of their constituency.
Oddly enough, the money the Calvert Board approved for the welcome center will be used to pay a staffer to welcome visitors on the pier who arrive with fishing poles and extract the money from the visitors before they are allowed to go out on the pier which was built with funds contributed by all Marylanders.
And as prevailing court opinions have held, once a facility is paid for by taxpayers, it is open to the public, all the public, not just the public from Calvert County.
Kelley pointed out to ST. MARY’S TODAY that the North Beach town fathers were given permission from the Department of Natural Resources to collect the pole tax.
That a bureaucrat would make a decision that hurts the working man and woman of Maryland is hardly a surprise, especially after some imbecile in the department recently decided to close the Hallowing Point boat launching ramp for repairs for the entire season, the entire fishing and boating season.
Only the intervention of Sen. Roy Dyson has resulted in the department changing their plans and posting a sign which proclaims that they will be through with the ramp parking lot repairs by August 1st, closing the facility for merely the months of May, June and July when the mental midgets could have done the work in the winter months instead.
It is delicious for Republican Kelley to be able to point to the Democrat Administration of Gov. Parris Glendening and blame them for allowing a pole tax in Maryland.
The Republican-controlled Calvert Board has their letter to point to, demanding that Calvert citizens get free access to the pier after the Democrat mayor and his council of rhubarbs have acted to punish minorities who come to the pier from D.C. and P.G.
As for the welcome center in North Beach, Kelley said she was opposed to the location of the center and noted that the Town didn’t bother to consult with the county about the location before building it, while knowing that the Board would be hard pressed to deny funds for staffing it, after the county has given money to the centers in Solomon’s and Chaneyville.
Recent news coverage on WUSA Channel 9 of the pole tax came after ST. MARY’S TODAY contacted ace reporter Dave Statter with the story of the pending tax, as this newspaper covers breaking news for the station in Southern Maryland.
WUSA’s report on the pole tax showed Frazer’s explanation for the pole tax and also interviews with many fishing folks who made it clear that they not only do not feel welcome but attribute the pole tax to being racially motivated.
It will take a lot more than $31,000 to counter the black eye that North Beach got as news of the $2.50 per-pole tax which welcomes certain visitors with fishing poles was broadcast that day.
Thus the Calvert Commissioners not only had the option to force Frazer to open up the pier free-of-charge to all of the public, not just Calvert residents, but to create a positive image of the county to all visitors. But they didn’t.
Missed opportunities weren’t the only problem for the Calvert Board at their meeting. Breaking the Open Meetings law soon was added to their list of accomplishments.
When this reporter pointed out to two Commissioners that they appeared to be breaking the Maryland Open Meetings Act by taking a break for a secret executive session, the objection was dismissed by a sweep of the hand by President Linda Kelley (R. Owings).
County Administrator Joe Allum said that the Board merely wished to consult with their attorney about the options they faced in deciding whether to use impact fee money for a middle school in light of the fact that the General Assembly failed to pass an excise tax which they had hoped for to replace the impact fee and before they took action to fund the school with the impact fee money.
When this reporter pointed out to Kelley and Allum that this was an issue of the most public nature, taxation and allocation of public resources, they both insisted that the Board has a right to seek legal counsel on their action and that no action would be taken in the back room but that they would come back out in the open and make their decision.
Allum admitted that the legal options which would be presented to the Board would be freely discussed with this reporter afterwards but when pressed just to include the public into the discussion, Kelley retreated into the habit of secret meetings, not seeming to understand herself why they were doing it, but convinced that under the guise of "seeking advise of counsel" that they can close the door to the public at any time.
There have been some rulings on this point of the law which clearly shows that they cannot do as they did and cannot hide public business and the discussion of public business behind talking to their lawyer, but a weak media and compliant politics in Calvert County fosters such behavior.
While the Board made good on their promise and returned to the meeting room where Kelley referred to their "brief executive session to consult with our attorney over our staff proposal to move the $6 million from the impact fee", they took their vote which shifts funds collected in north county to a south county school, pointing out that students would be shifting south to the school.
But the public missed out on their secret advise over the options available to them.
Another issue which the charming but dunderheaded elected officials decided was that of providing a restroom at a park in Dunkirk.
The Board got hung up on purchasing a traffic message board in earlier business, deciding the issue on which company had agreed to "demonstrate" their product to the county. But the Board never asked if a "demonstration" had been provided to staff for the $63,000 Biological Restroom.
Commissioner Pat Buehler asked if the pricey outhouse would have a hole inside which would enable one to look down into a porcelain commode or a port-a-potty.
Giggling ensued with discussion over whether the seats would be cushioned but it was never disclosed if this majestic tomb of the methane would be a two-holer or just one-at-a-time for this funding which is double that of the staff position as North Beach Pole Tax Collector.
However cranky, crafty or crazy the commissioners may seem, they are on the other hand warm, sincere and genuine articles and some of the best free entertainment around.
Newly appointed to the Board, Democrat Bobby Swann will join the lonely Barbara Stinnett as they try to provide common sense to government operations.
But the Board shows a certain bent for entertainment.
Now, perhaps the GOP majority will enact a $2.50 tax on pens carried by reporters in order to enter the room, hold the discussion of the new tax in secret and spend $63,000 for a sergeant-at-arms to toss pesky reporters out of the window.
No one need wonder why Pat Buehler wanted to get out.
Buehler Votes Against Budget, Warns of Looming Tax Hikes to Finance GOP Anti-Growth AgendaPRINCE FREDERICK --- Calvert Commissioner Patrick Buehler (D. St. Leonard) voted against adoption of the Calvert fiscal year 2001 budget last week issuing a dire warning to the public that the cost of the anti-growth initiatives set forth in the agricultural preservation plan will set large future property and income taxes soaring in order to satisfy anti-growth sentiment among the newer residents of the county..
"This is my last budget and I have said before that I do not support the agricultural preservation program in this budget the way you have designed it, you have set us on a course of major tax increases and I oppose it," said Buehler.
"This is a budget buster, there will be a major tax increase for the next Board," said Buehler, "I understand that it’s for schools, but we have been given information that there are alternatives."
Republican Commissioner President Linda Kelley (Owings) shot back at Buehler that by lowering growth in the county by downzoning undeveloped land that the county may have avoided the necessity of building two additional high schools.
"We were told we would have to raise taxes and it hasn’t come true," said Kelley. "If you are saying that it will be the next Board that has to raise taxes then you confirm what I thought, that our efforts would prevent this Board from having to do so."
The fiscal year budget of $128,626,297 was passed by a four to one vote, with Republicans Kelly, David Hale (Owings), John Douglas Parran (St. Leonard) and Democrat Barbara Stinnett (Owings) favoring while Buehler opposed.
The new budget does not require a tax increase. The constant yield will require the tax rate to go up to balance the assessment of property by the Board.
Stinnett noted that by approving the budget, that all of the Board members are now on record for supporting the controversial Kellam Field proposal. Stinnett and Kelley had opposed the final draft of the project to rebuild the ball fields at Kellam Field in Chesapeake Beach after a nearly year-long debate with Chesapeake Beach Mayor Gerald Donovan over where and how the facility should be changed. Hale, Buehler and Parran supported Donovan’s position in the final vote.
Changes in how Calvert Cliffs Nuclear Power Plant will be taxes in future years along with a lack of commercial real estate tax base has many citizens fearing large property tax hikes in future years to make up expected shortfalls.
The previous Board of Commissioners in Calvert had focused on diverting growth to town centers and adding sewer and public water along with incentives as a way to meet dual goals of preserving farmland, which was successful and expanding the commercial tax base.
Buehler and former Commissioner Hagner Mister campaigned on that strategy in the last election but while Buehler won, Mister became a lightning rod for those who did not want public sewer available in Dunkirk and lost the election. The Republicans, along with Democrat Barbara Stinnett, had campaigned hard on anti-growth platforms.
Mister had lost his temper at a particularly raucous public hearing on sewer in Dunkirk and told people who were speaking out of turn to sit down and shut up, drawing the ire of the crowd and prevented him from winning a third term as commissioner. Mister was appointed Deputy Secretary of Agriculture by Maryland Governor Parris Glendening after the election.
Democrats are organizing and attempting to regain control over the county commission in 2002. Parran quit the GOP for about 9 months after complaining that Commissioner President Kelley was taking him for granted and pushing him around. After lobbying from Republicans and a more relaxed style from Kelley, Parran rejoined the Republican Party and returned the GOP to control over the Board.
Democrat Bobby Swann (Solomon’s) is expected to be appointed by Glendening after he and farmer Buddy Hance were selected by the Democratic Central Committee to replace Buehler who is stepping down.
Honchos Get The Gold Mine,
County Employees Get The Shaft
New Salary and Classification Study Will Allow Top Pay of $154,000 for Lacer; Huge Increases for Dept. Heads
LEONARDTOWN --- They had a chance to pick the consultants, to stack the deck, to try to provide some sort of respectable cloak to envelope their decision reached long ago to raise taxes this year and their effort will wind up making some few county department heads very well-off while actually reducing the pay of the backbone of the county employee workforce.The Singer Study, as it is known, is a review of the pay and salaries of St. Mary’s government employees in comparison to four other county governments, the State of Maryland, three school systems, St. Mary’s Hospital, SMECO, NAVAIR and two private companies.
The bottom line is that the study reccomends pay increases which will launch departments into the stratosphere with salaries well over $100,000 and a top pay for County Administrator Al Lacer of $154,000. All the while, the rank and file of county employees will be shafted.
The department heads presently work under contract and typically have two-year contracts. Lacer was given a four-year contract by the Board.
While some pay levels were low, 51 percent were high compared with comparable jobs in the same market.
The study found that health benefits for county employees were the most generous around, pointing out that absolutely no one provides 90 percent payment on health insurance.
"St. Mary’s County health plans ranks among the richest of all participants in choice of plans, covered benefits, co-pays and cost," said the study, underlining the value of the health plan by calling it "unprecedented". "Assuming most elect health benefit coverage, St. Mary’s County Goverment’s generous plan on average saves employees approximately $2,000 to $4,000 annually."
"St. Mary’s County Government employer contribution of 90 percent is unusual in both private and public sector," reported the consultants. "Substantially higher than the market."
The study claims that their reccomended changes to the classifications and pay levels will have increased earnings potential in the proposed new salary ranges.
Singer’s study claims that 60 of 396 employees are below minimum of the proposed pay grades while 18 are above the maximum.
The study cost $100,000 and was contracted for in January and concluded in March. Only Commissioner Dan Raley opposed the study, prefering instead to simply give the cost of hiring the consultants as a pay raise to county workers.
The study says that it will cost $103,755 to implement the reccomendations with an average increase of $1,729 per employee. But watch out for that word "average".
What it really means it that most workers will get the shaft while top managers will get the gold mine.
The plan proposed that the county lump all paid time off together in a special leave plan, "include sick, vacation and personal days to eliminate costly carry over and curtail sick leave abuse".
The results also say that the commissioners should publicize the ability of employees who elect to not use the county health coverage to receive cash back in lieu of the insurance.
Educational requirements of the agencies, governments and businesses which were compared to St. Mary’s County were stringent, requireing bachelors and masters degrees while there are few such requirements in order to work for St. Mary’s.
Now for the executive pay levels which will soon be the law of the land leaving nothing but pleasant living for the top bureaucrats.
EI will be a minimum pay of $60,710, midpoint of $80,440 and top pay of $106,240.
EII will be a minimum pay of $72,850, midpoint $$96,530 and maximum $127,490.
EIII will be minimum of $80,140, midpoint of $106,180, and $140,280.
EIV will be $88,150, midpoint $116,800, max of $154,280.
That last level is the future pay of County Administrator Al Lacer, who currently gets by on $120,000, a pay level almost even with the Governor of Maryland.
.The next tier of management, the deputy directors, who currently make in the area of $52,229, such as the deputy director of Planning and Zoning, will be given salary ranges to a minimum of $49,650, midpoint of $67,030 and maximum of $84,410.
Twenty clerks, mechanics and other employees of the alcohol beverage board, central services and circuit court who currently make $27,352 will have new minimum pay levels of $23,420.
In the county’s jail, the current pay levels will be reduced for the basic grades of correctional officer, by as much as $1,300. Not a good move with the vacancies going unfilled for years, even at the current pay.
The commander, of course, will jump in pay from a top rate of $61,360 to $75,400
Raley Fears Effects of Chicken Dung Being
Spread on Farmland on Local Waterways
RIDGE --- St. Mary’s Commissioner Dan Raley (D. Great Mills) said on Sunday that he is concerned about how much Eastern Shore chicken manure is being trucked into St. Mary’s County and spread on local farms and any resulting effect the manure may have on causing outbreaks of the Pfiesteria which virtually shut down the Chesapeake Bay seafood industry two years ago after an outbreak.
"They are bringing it in here now and putting it on fields which border on shallow creeks," said Raley. "I am worried what effect this will have on our fishing industry and local watermen."
Chicken crap has been used to fertilize fields on Harry James Road and Wynn Road, bringing a pungent smell to the area reminiscent of old Morris Dixon’s hog farm in Park Hall when each spring the hog manure spreading could not only gag neighbors for a couple of miles, but endanger lives as motorists tried to quickly roll up their windows and switch on their air conditioning.
One of the suspected causes of the Pfiesteria outbreak in which fish were killed and began developing open wounds was the heavy concentration of chicken manure produced by the hundreds of chicken farms which populate the Delmarva peninsula.
Moving the chicken manure out for use as fertilizer in other areas of the state and reducing the density of the runoff from store chicken dung is one way of reducing the possibility of the return of the dilemma which had environmentalists once again attacking farmers as being the evil operators who endanger the Bay, all the while ignoring the dangerous pollution caused by the sewage treatment plants dumped daily from the metropolitan areas which are laden with delegates in the General Assembly.
With more restrictions than ever on farmers and waterfront property owners, more danger to Bay waters takes place every day from ship traffic which carries millions of gallons of the same fuel which devastated the Patuxent River in April when a PEPCO pipeline broke.
Sen. Roy Dyson (D. St. Mary’s, Calvert) has recently asked Sen. Clarence Blount to open a Senate Committee hearing into the cause of the pipeline break and hearings will get underway next year.
Raley said on Sunday that he will be going straight to Annapolis to "deal with the State government if their solution to Eastern Shore problems with chicken waste bespoils our waters".
"The smell is bad enough," said Raley, "but it better not harm our fishing and crabbing."
LEONARDTOWN --- St. Mary’s Commissioners have hired Elaine Kramer, the director of finance for the St. Mary’s Board of Education to be the county’s new director of finance at a record-setting salary of $102,000.
Board Hires Kramer Away From School System
Besides the exorbitant salary negotiated for Kramer by the Board, the most disappointing aspect of the commissioner’s action is that they reportedly once again broke the county’s Open Meetings Act by taking the action behind closed doors. Sources report that the Board made their decision in secret executive session and returned to the public session of their meeting, voted to adopt the undescribed action of hiring Kramer without mentioning her name or what the action was, in direct violation of the law.
This action was taken with the full knowledge and consent of Alfred Lacer, the $120,000 per year County Administrator, who as an attorney is still technically responsible for legal advise to the Board. The Board made similar violations of the law when the first took office, as did the Board before them, making one wonder when they will ever get around to reading and following the law. Pending a legal review of the tapes of the meeting on Tuesday, ST. MARY’S TODAY may take legal action to cite the Board with this violation.
Kramer leaves the chief financial officer position at the school board after acquiring great skill at manipulating the county commissioners for more money each year for the schools, garnering over $9 million in additional funding only in the last two years and getting every penny they asked for under the previous Republican Board.
By being a top advisor to School Superintendent Dr. Pat Richardson, Kramer’s departure, along with the surprise announcement that Great Mills High School principal Roy Reynolds will be resigning to take a post in Oregon, the two vacancies in key positions will be an additional hardship for the already embattled superintendent.
Richardson survived a hostile crowd of parents concerned about school redistricting; bus drivers demanding more pay; and teachers and parents arguing for even smaller classroom sizes as pennies have been pinched only for recent revelations of nearly $400,000 being spent to remodel the Superintendent’s office.