November 2009

This is a beautiful time of the year. Those of you who drive to Baltimore every day have a particular treat. The trees along I‑97 are spectacular. On a sunny day the colors are incredible. It makes the commute worth the effort.

There has been a development in the threat of a new beach strip lawsuit. As I reported in the September Sea Breeze, we received a letter from Will Simmons, the lawyer who represented the plaintiffs in the original beach strip lawsuit. He now represents nine of the other property owners along the beach strip. The letter offered to buy the community property between their platted lots and the water, including riparian rights, for a total of $130,000 or a little over $14,000 per lot. The letter made if clear that the offer and its terms were non‑negotiable and that if we didn't sell them the land there would be another lawsuit for adverse possession. The HSIA board agreed to accept the offer but retain the riparian rights and ownership of any land currently under water (due to the 1736 Land Patent, which is now available on our web site). We felt this was a very generous offer on our part. Since they could never adversely possess the land under the water, we would basically be giving them everything that they could hope to win in court. They have refused our offer. They will not accept anything other than the land and the riparian rights. Furthermore, they will not negotiate on the selling price. They then gave us 30 days (until November 20th) to accept their offer or they will file suit. The board generally feels that there is no reason to rush a decision on whether we should accept the offer or fight to retain our property. Also, we feel that the community should have a chance to express their feeling on what action we take before we respond to the offer/threat. I will recommend to the HSIA board at our October meeting that we inform Mr. Simmons that we will make our decision at the January 28th HSIA Board Meeting. The reason for picking that date is to allow time to poll the community on whether they want us to accept the offer or fight for the community property. The plan is to have detailed information and arguments from the range of opinions on the board in both the December and January Sea Breeze. We may even have a town hall style meeting to answer questions. In the January Sea Breeze, I will propose that we have a ballot that will work much like the HSIA election ballot. Any property owner may vote on the course of action, even if they are not a member of HSIA. The board may decide to limit this to one vote per property. Voting will be by mail or at the January 14th General Meeting. Even though I am using the word "vote" to describe this process, it is really a poll. The HSIA board has the ultimate responsibility to decide on what action is taken. However, I personally believe that as long as there are a respectable number of people "voting" and the result is clear, the board will honor the community's wishes. At the January 28th board meeting, we will give Simmons our official answer. I don't see any benefit to rushing to file a new lawsuit. I hope that Mr. Simmons and his clients see that letting this community process play out is the best approach.

Speaking of voting, we have our HSIA Board of Directors election this month. Directors and officers serve for two years with the terms staggered. This year we are electing directors and in 2010 we will elect officers. There are seven director positions to fill. A ballot is included in this issue of the Sea Breeze. You can vote by mail (as long as the ballot is received before the election) or in person at the November 12th General Meeting. You can even have someone bring your completed ballot to the meeting if you can't attend. If you are voting by mail or someone is bringing your ballot, be sure to fill out all the information and sign the ballot. If you come to the election meeting, you can have your ballot validated and you can then cast your vote anonymously. We have this process in place to make sure only members of HSIA vote and that each member only gets to vote once. The goal is to get the maximum participation possible. Bios from the candidates are published in this Sea Breeze. Please be sure and vote. It is very important to you and the entire community.

I received an email alert today from the Anne Arundel County Police Department. The Southern District has seen an increase in thefts from automobiles. They asked us to remind everyone to keep their doors locked when they are away from their vehicles. The most common items stolen are GPS devices, laptops and I‑Pods. Many people are leaving their vehicles unlocked at night and this adds to the problem. Please notify the Anne Arundel County Police Department immediately if you see any suspicious activity or persons in your community by dialing 911. You do not have to have your name associated with the report.

Another email I received had to do with a program, sponsored by BGE, that helps people save money on electric bills. The program is called Peak Rewards. When you agree to allow BGE to cycle your hot water heater and/or air conditioning during high use periods, you receive a credit of over $100 per year on your electric bill. Generally, you don't notice the cycling. For more information visit www.BGESmartEnergy.com/PeakRewards or call 410‑682‑8255.

Our General Meeting is on Thursday, November 12th at 7:00pm at the Key School. This meeting will be an important one. We'll be having our election for the Board of Directors as well as approving the Special Tax budget for next year. As I mentioned in the last Sea Breeze, there are some important beach projects that may or may not be added to the budget based on your vote at the General Meeting. Since the last Sea Breeze, there have been some discussions about changing the options that are being offered. The Beach Committee has some definite ideas about the priority of projects. These issues will be hashed out at the board meeting at the end of October but, because of the Sea Breeze deadline, I can't wait until then to write it up. The important point is that there will be votes taken at the November 12th General Meeting that will decide what projects are going to be included and, therefore, what the Special Tax rate will be for next year. Please attend this meeting and be part of the decision process.

We are entering the wonderful holiday season with Thanksgiving just around the corner. This would be a good time to reach out to your neighbors. There are still some beautiful days ahead, just perfect for a walk in the neighborhood. It's also a good time to think about those both in our community and in the world around us who are in need. The economy seems to be getting better, but not for everyone. Think about how you can help people who are not as lucky as you are this season.

-Bill Shuman
 President, Hillsmere Shores Improvement Association