April 2025 Ocean Pines Progress

OPA to challenge county plan to impose ‘unfair and illegal’ costs on Ocean Pines ratepayers

By TOM STAUSS Publisher

When County Commissioners Chip Bertino appeared before the Ocean Pines Association’s Board of Directors March 29, he appealed for Board support of efforts by he and fellow commissioner Jim Bunting to prevent the County Commissioners from saddling Ocean Pines ratepayers with costs not incurred by the Ocean Pines water and wastewater service area.

He received that support, rhetorically but also by actions subsequent to that meeting. Bertino said he would be reporting back to the OPA about any roll-back of the cost-sharing plan at the commissioners’ April 2 meeting, as well as any evidence of a posting of information on the county’s Website about the plan’s impact on the county’s 11 service areas, including Ocean Pines.

The commissioners had voted to post the information at its previous meeting, after voting down a proposal by

Board sends letter to county commissioners detailing objections

Bertino to send out the material via regular mail.

In brief discussion of the issue at their April 2 meeting, there was no retreat by any of Bertino and Bunting’s colleagues, and as of April 3, no information on the proposal has appeared on the county Website, according to Bertino, nor a copy of the material that would be posted provided to the commissioner. Apparently it had been drafted but not shared as of April 2.

He said there was some discussion of what service area budgets would have to be if the costs were properly allocated.

He said the cost allocation to service areas such as Glen Riddle would be burdensome, acknowledging that property owners in that very high-end subdivision might be able to afford it. But he said there was no indication that his colleagues were prepared to abandon cost-sharing, which he said means maximum pressure

k

Special Report

Extensive coverage of the attempts by Worcester County’s elected officials to force ratepayers in the Ocean Pines water/wastewater service area to pay for expenses run up over many years in other service areas. Unrefuted poor management in the county’s treasurer’s office contributed to the crisis the county is facing today.

Coverage begins as this edition’s Cover Story on this page and continues on Pages 36 through 41.

Mailloux sentencing

It was an emotional day in court for two local families when Tyler Mailloux, driver of a vehicle in July of 2022 that killed Ocean Pines teenager Gavin Knupp, was sentenced to a year and a half in jail for leaving the scene of the accident. Testimony from members of both families sheds light on the toll the death has had on them.

The closing argument by Mailloux attorney George Psoras sheds light on one possible narrative of what really happened that night. Coverage appears on Pages 34 and 35.

‘Unfair and illegal’

From Page 1

needs to be exerted on the commission majority.

During discussion at the March 29 Board meeting, Director Elaine Brady said that if Bertino reported back that there had been no forward movement by colleagues, then the Board would “fight back and fight back hard” to prevent the commissioners from imposing costs incurred in other service areas on Ocean Pines ratepayers.

The first evidence of fighting back was a letter sent to the commissioners demanding that the plan not go into effect. Brady said that the OPA would be contacting other service area that would be adversely affected by the plan so that they, too, could be mobilized in opposition.

The letter said the proposal to burden ratepayers in all 11 service areas with a $2.1 million in deficits of a few is unfair. “The Ocean Pines Service Area only contributed $116,699 to the shortfalls

“Your proposal obligates Ocean Pines Service Area ratepayers to pay 55.6% (10,000 Ocean Pines Service Area ratepayers / 18,000 countywide ratepayers) of a debt that is mostly not associated with the Ocean Pines

Water/Wastewater Service Area. It appears that your intention is to evade public attention from the issues connected to the misappropriation of enterprise funds within your finance office,” the OPA said in the letter.

The letter notes that “contrary to county financial protocols, reports are that disbursements were being made absent approval or oversight by the County Commissioners. These financial inconsistencies were discovered in February 2024 during the implementation of new budgeting procedures and not as a result of either an internal or external financial audit. No personnel have been held accountable for the financial inconsistencies within the Enterprise Funds operations.”

The OPA Board said the plan to spread the deficits across all service areas is inconsistent with the county code that defines 11 water and wastewater service areas to “be self-sustaining, meaning income should equal expenses.”

The OPA argued that Ocean Pines ratepayers have a responsibility to pay for the operations of their water and wastewater system and nothing more.

“The intentions of the FY2026

CELEBRATING

YEARS

No fanfare, history marking in transition to Touch of Italy

New contractor to reopen Yacht Club and Clubhouse Grille May 1

By TOM STAUSS Publisher

Anyone who thought that March 17, the date when the Matt Orr Companies officially ceded control of three Ocean Pines food and beverage venues to Touch of Italy, would be filled with fanfare and public declarations of an historic event came away disappointed.

Other than an Ocean Pines Association press lease announcing a change in management on that date, the occasion was unremarkable. None of the three venues - the Yacht Club, Clubhouse Grille and the Beach Club -- were open on March 17.

According to an April 3 Ocean Pines Association press release, two of the three venues, the Yacht Club and Clubhouse Grille, will be reopening May 1 under Touch of Italy management. It’s fitting, as May 1 is

the official start date of a five-year lease under which the three venues will be managed by TOI.

“All previously booked obligations in April will be honored as planned,” the press release said, a reference to weddings or similar events that had been booked by MOC.

Beginning May 1, the Yacht Club and Clubhouse Grille will reopen with a full menu and full service.

“Known for its authentic Italian cuisine and warm hospitality, Touch of Italy will offer a variety of foods and an elevated dining experience to Ocean Pines while maintaining the Yacht Club and Clubhouse Grille as premier destinations for locals and visitors alike,” the press release said.

The traditional reopening of the Beach Club is Memorial Day weekend, and that won’t change this year. The Progress has learned that vet-

We are your local DelMarVa Hunter Douglas dealer and motorization experts. We bring the showroom to you, with measuring, samples, and a detailed written quote in the comfort of your own home. Let us help you find the perfect solution to fit your style and budget! Give us a call to schedule your FREE in home design consultation.

eran manager Linda Heutner has been hired by TOI to continue operating the popular and profitable beach-front amenity in Ocean City.

After the Board of Directors awarded a five-year lease to TOI in a unanimous vote in early January, effective May 1, Matt Ortt of the Matt Ortt Companies held fast to his declaration that he would fulfill his management contract with the OPA that ran through the end of April.

That decision, had it held, would have created a management challenge for TOI if the company intended to reopen the Yacht Club on May 1.

That might not have happened, as TOI would have needed some time to get new staff fully trained and ready to meet the demand for high quality food and service.

The March 17 turn-over allowed

TOI time to fully prepare for both the soft and grand reopening of the Yacht Club, and the gradual movement toward a seven-day-a-week operation at the Golf Clubhouse.

The early hand-off to TOI did not change the basic terms of the fiveyear lease that stipulates that TOI’s first lease payment is due in May. TOI essentially has about a month of half of control over the three venues rent-free.

The early hand-off also benefits MOC financially. General Manager John Viola recently confirmed that the annual bonus earned by MOC will be based on year-to-date business at the three venues through March 16.

If the Yacht Club under MOC had operated in a negative variance to budget the last two weeks of March and April, or actually operated at a loss, it would have reduced the amount of bonus that MOC could have earned for the fiscal year ending April 30.

In a statement issued last month in response to a question by the Progress about why he had decided to terminate his OPA management early, Ortt didn’t acknowledge that

Five vendors offer election proposals

Ace Printing and Mailing well positioned to return as OPA’s election manager

By TOM STAUSS Publisher

Five election management companies, including last year’s manager MK Elections of Pittsburgh, Pa., and long-time manager Ace Printing and Mailing of Berlin, submitted proposals to run this year’s Board of Directors election.

Proposals cover printing and mailing of ballots, return acceptance and counting of ballots, and an accommodation of an observable count.

According to a breakdown of proposals obtained by the Progress, the lowest bid price of $9,576.11 was submitted by the YesElections of New York state. However, according to the spec sheet, the company did not comply with RFP requirements and did not supply references. The spec sheet said the company can produce an observable count.

The next lowest bid was submitted by Ace Printing and Mailing, which had managed OPA elections for about 20 years before losing the contract two years ago in a falling out with the Elections Committee in place at the time.

The company would seem to be a good position to secure the contract this year because it has complied with RFP requirements, can accommodate an observable count on premises, and can supply references.

Ace Printing’s bid is for $18,685, significantly less than what MK

Touch of Italy

From Page 7

financial benefit to his company.

“I‘ve thoroughly enjoyed my time spent working in Ocean Pines. This community has been nothing short of welcoming and supportive.

“Although I had every intention of finishing out my contracted term in Ocean Pines, over the last few weeks I was approached by OPA and TOI about the possibility of transitioning earlier.

“The interests of the Ocean Pines community is important to me and allowing TOI this time to transition before summer begins will ensure a seamless changeover for all,” he said.

Viola in a statement about the

turn-over to TOI commended Ortt for that decision.

“Thank you to Matt Ortt for [your] service to Ocean Pines and [your] coordination during this process. We wish his company the best in their future endeavors,” Viola said.

TOI commented as well, commending Matt Ortt for “this generous and gracious gesture of mutual respect to help Ocean Pines and Touch of Italy to have extra time to prepare for a successful launch of operations.

“We are excited to have the opportunity to serve the Ocean Pines community and continue offering great dining experiences,” Ciprietti said.

TOI conducted a job fair at the Yacht Club on March 20 as one of the many steps it is taking to gear

charged the OPA last year.

Voatz based in Massachuttes submitted at bid of $22,000. It, too, complied with RFP requirements, can accommodate observable counting, and can supply references.

The spec sheet indicates that this company has handled 140 elections worldwide, is U.S. based, has won numerous awards and can supply sample ballots.

All five companies submitting proposals are U.S.-based.

Vote-Now based in Florida submitted a bid for $24,488.16, complying with RFP requirements and able to supply references.

The spec sheet said it’s unclear whether this company can arrange for an observable vote count.

Last year’s vendor, MK Elections, has submitted the highest bid at $31,539. It complied with RFP requirements, can handle observable counting and can supply references.

The spec sheet indicates that MK requires $7,500 at a contract signing and is asking for years two and three in a contract with a 2.5 percent annual escalation.

None of the other proposals according to the spec sheet include additional years or an escalation clause. u

up for the season.

TOI is hiring full-time and seasonal servers and bartenders, hosts

and food runners, line cooks and prep cooks, dishwashers, and barbacks.

Pickleball, platform tennis club members deciding whether to opt in

Consolidated rate could impact membership totals, while an uptick in drop-in fees could offset some lost revenue

By CINDY HOFFMAN

Contributing Writer

Time will tell what the actual impact on membership will be as now that the Board of Directors has taken action to simplify the rate structure by moving to a single consolidated rate for all racquet sports in 2025.

“After looking at my membership list and talking to players, I predict a 15-18 percent non-renewal of last year’s one-sport platform players,” Karen Kaplan, former president of the Platform Tennis Club, said.

Election proposals

From Page 7

The Elections Committee will be meeting the week of April 7 to consider these proposals with the aim of making a recommendation to the Board of Directors on which compa-

The Board of Directors unanimously approved the 2025-26 Ocean Pines Association budget during the Feb. 23 monthly meeting. As part of the budget, the board moved forward with a consolidated membership covering all three racquet sports offered at the racquet club complex, even as nearly 80 players attended a meeting on the budget in early February in an effort to convince the Board to keep the per sport fee schedule in place.

Pickleball and platform tennis members will be paying about 50

ny it wants to hire to manage the election.

Previously the committee had recommended that the OPA rehire MK Elections for this year’s balloting, but the Board decided instead to request competing proposals.

percent more for a combined racquet sport membership over individual sport rates previously available. That is about $8 a month more for individuals or $14 a month more for families.

The drop-in rate saw only a modest $2 increase for Ocean Pines Association members and Ocean Pines residents, from $8 to $10. Racquet Sports Director Terry Underkoffler has said that he expects some former pickleball-only members will keep playing their favorite racquet sport by opting for the drop-in rate, offsetting some lost membership revenue.

Underkoffer has produced research that he said shows that the new consolidated rate of $295 per individual and $495 for a family costs less than other racquet centers in the area but also on the Eastern Seaboard.

The approved racquet sports budget for 2025-26 projects a modest increase in the number of members but an overall deficit in the department of about $33,000.

“We have heard from some members who are unsure if they will renew next year, while others are waiting to see how planned improvements to the facility enhance their experience,” Claire Miller, president of the Pickleball Club, said. “Some have expressed concerns about affordability, while others are evaluating the cost in terms of their frequency of play and the value they receive from their membership.”

Since Ocean Pines is not asking members to declare their major or first choice sport, it will be difficult if not impossible to drill down to specifically which sports lost members. The numbers will be holistic, Kaplan said. The only data will be how many total memberships this year versus last year.

“Some members have mentioned exploring these alternatives, but at the same time, many value the sense of community, organized play, and events that our pickleball club offers to members at the racquet center,”

Chief Robinson ‘updates’ again on cell phone status

By ROTA L. KNOTT

Contributing Writer

Ocean Pines Police Chief Tim Robinson told those assembled for a March 29 Board of Directors meeting that there is no update on the status of his investigation into improving cell phone service in the community.

Director John Latham asked during the meeting if there were

any updates on the issue, prompting Robinson to take the podium to discuss the status of his efforts to improve connectivity in Ocean Pines. Latham asked if Robinson has any timeline for recommendations.

Latham also said some community members have wondered why the police chief is looking into the issue rather than other Ocean Pines Association staff.

Robinson said he took the lead on improving cell service, potentially with the addition of another communications tower, when he realized that the quality of service in the community is an issue. He said there are issues with a lack of consistent cell phone coverage in Ocean Pines and that can present safety concerns.

11304 Manklin Creek Road, South Gate Ocean Pines (Manklin Creek & Ocean Parkway)

BREAKFAST SANDWICHES

Served on Bagel, Roll or Bread (White, Wheat or Rye Croissant or a Wrap

Egg & Cheese ..................................… $7.55

Meat, Egg & Cheese …............................ $8.95

Your choice of Bacon, Sausage, Ham, Turkey Sausage,Ham, Taylor Ham or Morning Star Vegetarian Sausage

PLATTERS & OMELETS

Two Eggs Any Way with Meat ............. $7.80

Your choice of Bacon, Sausage, Ham, Turkey Sausage,Ham, Taylor Ham or Morning Star Vegetarian Sausage

Cheese Omelet .................................. $8.75

Veggie Omelet …................................... $9.50

(green peppers, onions, tomatoes, carrots, celery)

Quiche ................................................... $6.25

BAGELS WITH ...

Bagel with Butter ...….......................... $2.90

Bagel with Cream Cheese ….............. $4.50

Bagel with Cream Cheese and Jelly ..... $4.50

Bagel with Peanut Butter and Jelly ..... $5.25

Cinnamon Crunch Bagel

With Butter $3.40 With Cream Cheese $5.00

Bagel with Nova Cream Cheese ......…... $7.55

Bagel with Sliced Nova or Lox Salmon … $11.50

LUNCH SPECIALTIES

Homemade Soup Small ........................ $4.00

Chicken Pot Pie ..................................… $6.25

Pizza Bagel ~ Plain $6.75 - Pepperoni $7.50

Bagel Dog ............................................. $6.25

LUNCH SANDWICHES

Served on Bagel, Roll, Sliced Bread, Croissant or a Wrap

Includes a Side of Macaroni Salad

Ham …………............................….…….

$9.45

Turkey ………...................................…..

Roast Beef

Genoa Salami …................................… $9.45

Italian Combo …...........................…… $10.45

(Roast Beef, Cappicola, Salami and Provolone)

Roast Beef & Turkey Combo ..............…..

$10.45

Liverwurst …...............................………

$7.95

Bologna ................................................. $7.95

Chicken Salad ...................................... $10.50

Egg Salad ….............................………… $8.45

Tuna Salad

Add to any sandwich Cheese $1.50 • Avacado $.80

FRESH PASTRIES

Scone (blueberry, cranberry or raisin) ..$4.25

Lemon/Pecan Bar …….....................…… $3.00

Muffin …….........................……………. $4.25

Brownie ….................................……….. $3.00

Crumb Cake ............................................$4.25

Cinnamon Bun ..................................….

Éclair ………..................................... $4.40

Big PB Cup/Chocolate Chip Cookie ...... $3.85

“I volunteered to be helpful,” he

said, adding that other OPA staff are also lending their expertise to the exploration of opportunities for enhanced cell service.

Currently, Robinson said the OPA is “in the talking phase” with Verizon and a potential cell tower contractor. However, he stressed that they have not yet even scheduled a visit to Ocean Pines to look at potential sites.

Milestone Communications of Reston, Va. is one of the contractors the Ocean Pines Association is communicating with regarding a cell tower. Milestone is the communications company that built towers at three sites in Wicomico County, including Parkside High School.

During a meeting last year, Robinson said one potential type of arrangement for construction of a new cell tower would be to locate it on OPA property, with the contractor paying the association a one-time fee prior to building the tower and a monthly 40 percent revenue share.

Racquet sports

From Page 8

Black and White Cookie (seasonal) .... $3.85

Mrs. Peggy’s Sugar Cookies .................. $2.50

Two-pack Cookies ......................... $2.50

Chocolate Chip, Oatmeal, Double Chocolate, Sugar, M&M Linzer Tart ..................................... $3.85

Dog Biscuits .................................. $2.50

FRESH BAKED BAGLES

Plain • Cinnamon Raisin • Sesame

Onion • French Toast • Garlic Honey Wheat • Asiago • Everything Everything Wheat • Rye Marble • Egg • Pumpernickel Poppy • Berry

Sundried Tomato • Cinnamon Crunch 1 Flagel (weekends only) .............. $1.50

Bagel ………..............................…. $1.50

Half Dozen Bagels …..........……… $8.50

Dozen Bagels …............….......… $15.50

Cinnamon Crunch Bagel ….....….. $2.00

N.Y. Kaiser Roll ……............….. 95 cents

Portuguese Roll ……........…….. 75 cents

Knot Roll ................................... 75 cents

WHIPPED CREAM CHEESES

Plain • Light • Veggie • Light Veggie

Walnut Raisin • Almond • Scallion

Scallion & Tomato • Chive • Olive

Spinach & Cheese • Nova Spread

Seasonal: Crab, Pumpkin, Strawberry

Flavored Cream Cheese 1 lb. ...... $7.90

Nova Cream Cheese 1 lb …………$10.90

11304 Manklin Creek Road, South Gate Ocean Pines (Manklin Creek Road & Ocean Parkway)

Miller said. “As we move forward, our focus remains on ensuring that the membership experience continues to offer great value.”

Miller noted that she and others are working with the racquet center management to advocate for facility enhancements, including additional pickleball courts, which would help meet the growing demand for the sport.

Four new courts on a court currently used for tennis, often under-utalized, additional lighting on pickleball courts to allow for night play and leagues, and a new shade structure on the upper courts are in the works.

On April 17, there will be a general membership meeting for pickleball players to discuss events planned for the upcoming season, including round robins, dynamic drilling sessions, shootouts, barbecues, monthly sSocials, PickleBOWL, dink tournament, and a night league.

“This meeting will also provide an opportunity for our members to ask questions and share their thoughts as we continue working to enhance the club experience,” Miller said. Whether this will translate into annual racquet sport memberships remains to be seen.

Strategic Plan committee releases survey results

Improved street lighting, Beach Club upgrades, fitness center, covenant enforcement top priorities

By ROTA KNOTT Contributing Writer

In a community-wide survey, property owners and residents cited adding street lighting, improving the Beach Club, creating a fitness center, and enforcing property covenants as top priorities for the Ocean Pines Association for the next three to five years. More than 1,000 residents of Ocean Pines responded to the survey seeking their input on everything from how satisfied they are with owning property or living in the community to their interest in new amenities.

Rob Keesling, chairman of the Strategic Planning Committee, presented the results of the survey to the Board of Directors during the Board’s March 29 monthly meeting. “What we’ve gathered here is rele-

vant data. It’s been gathered in a very efficient, focused, cost effective, virtually no cost, manner and does in fact represent the voice of the people,” he said.

The Strategic Planning Advisory Committee serves as a working and advisory group to the Board and general manager for creating a strategic plan for the association. The committee advises the Board and administration on how to “best to align the mission and vision of the OPA by anticipating future needs and assisting in the development of a strategic plan that would support and enhance the lifestyles of its owners, residents and guests.”

He said a key to anticipating the needs is to take the pulse of the people once every three to five years.

vestigates alternatives, and evaluates issues upon request from the Board or general manager. It also performs studies of community needs relating to the development, evaluation or updating of the strategic plan. It also solicits information from pertinent sources within and outside of OPA regarding best practices in developing and implementing the strategic plan.

Responding to the survey were 1,002 property owners, including 687 full-time residents, 308 parttime residents, and seven who rent out their properties year round. Of the respondents, 41 percent indicated they did not participate in a similar 2021 survey.

the most important issue in Ocean Pines. Maintenance of infrastructure came in at 97.81 percent, community appearance at 97.80 percent, annual assessment fee value 97 percent, and OPA customer service at 96.21 percent.

When asked how Ocean Pines is meeting expectations for safety, about 90 percent said it meets or is above expectations. Maintenance of infrastructure came in at 66.50 percent, with community appearance at 76.47 percent, annual assessment fee value at 81.95 percent, and OPA customer service 81.76 percent.

Ocean Pines has included a set of core values in its strategic plan. Asked how they feel Ocean Pines is doing with regard to these core values in the area of integrity, 66.7 percent of respondents said it meets or exceeds expectations. Similarly, accountability came in at 70.04 percent, collaboration at 72.49 at percent, sustainability at 77.26 percent, respect at 76.47 percent, and transparency at 62.61 percent.

The committee gathers facts, in-

Your Source for Mouldings

While the response rate is good, Keesling said the committee recognizes there is still a large percentage of the community that they didn’t hear from on the survey.

When asked overall how satisfied they are being an Ocean Pines property owner or resident, 4.89 percent said they are extremely unsatisfied. Those who were very unsatisfied were 13.76 percent, satisfied were 32.2 percent, very satisfied were 31.61 percent, and extremely satisfied were 17.45 percent.

Another question asked, “All things considered, how likely would it be for you to recommend Ocean Pines as a place to live to a friend or colleague?” On a scale of 0-100, the average response was 84.

About 98 percent said safety is

As for the importance of the challenges and opportunities facing Ocean Pines, 96.11 percent said the OPA Board and general manager working collaboratively is important. Pedestrian and bike safety rated at 94.91 percent, Route 589 traffic and street safety at 94.61 percent, environmental and sustainability efforts at 94.02 percent, and responsiveness of OPA to their requests/ needs at 92.03 percent.

Asked to rate their level of agreement with the statement that they support a non-resident fee for the Ocean Pines boat ramp, 76.47 percent said they slightly or strongly agreed. Similarly, investing in improving existing amenities came in at 66.7 percent, supporting use

of electronic voting was at 63.31 percent, and supporting increased enforcement of property covenants was at 56.63 percent. The statement that Ocean Pines offers programs to meet their needs came in at 53.63 percent.

Asked to rate their interest in new or improved amenities, more than 88 percent said they are at least moderately interested in improved cell phone service and improved internet access. Keesling said those two items jumped to the top of the list. Improved walking and biking paths rated 78.72 percent, improved street lighting was 64.87 percent, and a fitness center was 63.12 percent.

Top recommendations regarding areas for Ocean Pines to improve on in the next three to five years were street lighting along Ocean Parkway and other areas and enhancing the Beach Club with improvements to bathroom/shower areas. Other recommendations for the next three to five years were a fitness center similar to the one in The Parke, including possible loca-

tions next to the Sports Core pool. Another recommendation from the survey respondents was consistent enforcement of property covenants in accord with OPA regulations and to consider adding “inspectors” to staff as opposed to relying on residents to report infractions.

“So what do we do from here. We’ve gathered all this data,” he said, adding the next step is to identify specific opportunities. Further, he said once the priorities are identified, the next step is to identify strategies to address those needs.

Based on the survey results, the next steps are for the group to identify opportunities to strengthen support of core values, improve street lighting, evaluate the potential for a fitness club, and bike paths. The report says the OPA should develop strategies to address opportunities, including forming targeted focus groups, benchmark similar communities, and collaborating with other committees.

Keesling said he would like to work with other advisory committees to support the work of his committee. “I’d like to engage with them more,” he said.

Josh Davis let go as OPA’s marketing and PR director

No reason given for ‘at will’ termination

Josh Davis, Ocean Pines Association’s marketing and public relations director since April of 2019, has been let go from the position.

In a statement issued to local media, he said his termination “came as a shock. By all evidence, I was successful in the position. Over the last five years, I raised departmental revenues to record levels while cutting expenses. I recently secured a major sponsorship – a first for Ocean Pines –and was working toward securing a second. My employee evaluation scores increased every year, and engagement on all platforms was through the roof.”

Under his lead, Davis said his department “made the quarterly newsletter profitable for the first time ever, started a podcast from scratch and made it profitable within months, launched a revamped website, and leveraged new technology to elevate the Association’s public presence.”

He expressed gratitude “to the team I had around me, especially Nancy MacCubbin, who he said “anchored my department. Her skill, hard work, and innovation were invaluable ... allowing me to focus on special projects.” He said he was grateful to the staff, especially Eddie Wells, Nobie Violante, Billie and Lisa, and everyone at Public Works who made that office feel like home.

“To my fellow department heads – Debbie, Terry, Steve, Tim, Michelle, Bob, and Linda – you were all amazing to work with and it was a pleasure to collaborate with each of you.”

Davis also expressed gratitude for “the chance to tell stories about the Ocean Pines community. So many wonderful, generous people volunteered

Josh Davis

their time and talent to make this place better. I loved working with the Veterans Memorial Foundation, the Maryland Coastal Bays Program, Worcester County Tourism, the Local Improvement Health Coalition, and all the caring, engaged people who make this community so special.”

He also thanked local media partners for their friendship and collaboration.

Davis said he didn’t know what’s next on his career path, “but I’m eager to find out, to say the least! If you have any job leads, please reach out anytime: 443-366-1844. Thank you.”

The termination letter that Davis said was delivered in person by General Manager John Viola April 1 provided no reason for the termination.

“This letter is informing you that your employment with the Ocean Pines Association is terminated ‘at will’ effective immediately,” it read.

Details about the final paycheck, health insurance benefits roll-over, retirement plan, and return of OPA

Board ratifies $50,000 for bocce courts Directors approve

By ROTA L. KNOTT Contributing Writer

IFrom Page 14 * Initial evaluation within 48 hours • Treatment of Neck and Back

synthetic materials to aid in longevity

nstead of trying to refurbish existing old courts, the Ocean Pines Association plans to build two new bocce ball courts at the Yacht Club. The Board of Directors during a March 29 meeting approved a $50,692 contract with the firm of Southwest Greens of Delaware Valley to build the courts.

General Manager John Viola said bocce ball leagues are already forming, with more than 100 people expressing interest. Construction of the two club-sized courts is expected to be completed by May with play to begin this summer.

Director Steve Jacobs asked about revenue projections that indicate the investment in bocce ball courts will eventually pay for itself.

Viola said the projected return on investment is six to seven years just based on projected membership revenue. Factoring in the anticipated ancillary income for food and beverages purchased at the Yacht Club by bocce ball members drops the pay back time to about two years, he said.

property concluded the letter. Viola is not responding to media inquiries about the rationale for the termination.

No announcement has been forth-

Viola said construction of the new courts was not included in this year’s budget but he said he has “money set aside for this type of stuff.”

Originally, the OPA was hoping to renovate the existing bocce ball courts at the Yacht Club using inhouse Public Works labor. As the project evolved, the association elected to solicit bids from outside contractors to do the work instead.

Jacobs noted that the OPA received cost estimates for constructing two different types of bocce ball courts, synthetic and natural surfaces. He asked which type the OPA plans to have built.

Mike Galello, a long-time Ocean Pines resident who has led the effort to bring back the bocce ball courts, said the OPA has opted form synthetic court surfaces. He said synthetic courts have a longer life. He said it will likely be ten years before the synthetic courts even need maintenance. Natural courts, on the other hand, need constant maintenance, he said.

Drainage has been a problem with the old bocce ball courts, reducing their life span. The new courts will have drainage built-in under the courts.

coming as of the end of work week April 4 about who will be taking over the position, or even if it will be filled by someone new.

Members of the Board of Direc-

tors aren’t commenting, with one director, Elaine Brady, telling the Progress that it’s an operational matter that the Board as a matter of policy won’t involve itself in.

PHYSICAL THERAPY

Orthopedic and Sports Injuries

Soft Tissue Mobilization

Neutrological Rehabilitation

Vestibular Rehabilitation

Joint Replacement Care

in Treatment of Neck and Headaches

Spring is here and so are the storms that come with it! When disaster strikes, whether it's wind, water, fire, or mold damage, our expert team is ready to respond quickly and efficiently.

Royal Plus uses advanced equipment and techniques to quickly remove water, dry out affected areas, and prevent mold growth, ensuring your property is safe and dry for the season ahead.

Board locks in cost for two years of bulkhead program materials

By ROTA L. KNOTT

Contributing Writer

To lock in pricing and avoiding higher materials costs due to inflation or tariffs, the Board of Directors awarded separate con-

and golf course bulkheads for 2027. Overall, the OPA maintains 90,000 linear feet of bulkhead community-wide, according to General Manager John Viola.

tracts to Fisher Marine, each for $675,000, for the next two years of the bulkhead replacement program.

The approval during the March 29 Board meeting guarantees the price of $450 per linear foot for bulkhead replacement for both 2025-26 and 2026-27.

Each year, 1,500 linear feet of bulkhead will be replaced, with the Clubhouse side bulkheads scheduled for 2026 and the Borderlinks

The OPA will purchase the materials required for the bulkhead replacement program for both years and store the materials at the Public Works yard until the work begins.

In remarls during the GM Report setment of the meeting, Viola said pre-purchasing materials avoids supply chain and tariff issues, stabilizing the cost.

Navigating Medicare WITH CONFIDENCE

Lakernick announces death of Jim Trummel

By ROTA L. KNOTT

FREE Lunch and Learn

Contributing Writer

The passing of a long-time resident and community volunteer was recognized by the Board of Directors during the March 29 monthly meeting. Stuart Lakernick, Ocean Pines association president, said during his monthly comments that Jim Trummel has died.

“We lost somebody in our community that was an amazing treasure,” he said in announcing Trummel’s passing.

He called for a moment of silence in his honor.

For many years, he served as chair and member of By-laws and Resolutions Advisory Committee, where he was a recognized expert on details of OPA governing documents.

“He was an absolute reference for anything dealing with our governing documents,” Lakernick said.

Also, during his remarks, Lakernick said he is excited for the arrival of spring. He said it is a time to shed winter coats, step outside, and remember what the sun looks like.

Lakernick said spring is a time to renew, refresh, and reflect on all the things that make Ocean Pines a great place.

He also thanked the Matt Ortt Companies on behalf of the entire community for their “exceptional seven years of service to Ocean Pines. He said the community wishes them the best in new endeavors.

Meanwhile, Lakernick said everyone is looking forward to Touch of Italy, the new food and beverage contractor.

“I’ll see all of you guys at the Yacht Club,” he concluded his remarks.

Camp Ocean Pines sold out already

Parks and Rec to modify cancellation policy

By ROTA L. KNOTT Contributing Writer

The youth summer camps offered by Ocean Pines’ Recreation and Parks Department sold out after just the first week of registration. Currently the OPA is maintaining a wait list in case Camp Ocean Pines slots open due to cancellations.

Debbie Donahue, department director, said during the March 29 Board of Directors meeting that the OPA has modified its camp cancellation policy after the association lost revenue when camper slots opened up and were not able to be filled last season.

She said once campers are registered for a week of camp, they are responsible for paying for it. If they cancel and the department is not able to find another child to fill the slot, they are still responsible for paying for the slot.

Donahue said participants pay in full up front for the first week of camp and must make deposits for any other weeks for which a child is enrolled.

“We are way maxed to our limit with kids and counselors,” Donahue said of camp enrollment this year. She said staff has to fit in as many children as possible, with enrollment between 140 and 150 kids each week.

The department released its new Activity Guide in March, with lots of new activities and events included.

New offerings this season are ballet, yoga, pilates, fusion fitness, tai chi, P.E.P. (people enjoying people) social club, birding class, bike rodeo, Ocean Pines Got Talent, Bark on the Beach, and Family Sandcastle Building Contest.

The Spring Flea Market was scheduled for April 5 and Breakfast with the Easter Bunny is April 12, followed by the Easter Celebration/Easter Egg Hunt on April 19.

Donahue said PEP is a return offering in partnership with the Worcester County Developmental Center. She said the program was previously offered but stopped due to the pandemic.

With the program revitalized, 30 to 40 people from WCDC come to Ocean Pines once a month for a different program, such as dinner, a dance, or music.

“It is thriving. We are getting more and more people all the time,” Donahue said. “It is amazing to watch.”

Leaf maintenance and placement

The OPA has issued 491 violations for leaf maintenance and placement in the community so far this season, and only 180 of those violations have been resolved, Linda Martin, director of business administration, said.

Martin thanked the property owners who have complied or have contacted the association’s Compliance, Permits, and Inspections office to request an extension of time to clean up their yards. She estimated that about 100 property owners have contacted the OPA for extensions. “We are not dictators; we will work with you,” she said.

The OPA’s governing documents require property owners to maintain their lots and ditches free of leaves.

The Declaration of Restrictions states “Lots shall at all times be maintained in such manner as to prevent their becoming unsightly by accumulation of debris thereon.”

OPA President Stuart Lakernick told members gathered for a March 29 meeting that “if it grows from the ground we take care of it. If it falls to ground you take care of it.”

Director Jeff Heavner said beautification of the community is only part of the issue. Leaf removal is important for drainage, he said. “We’ve got to keep these ditches clear.”

General Manager John Viola said the OPA has made a lot of drainage improvements including replacing failing pipes. He said one of the causes of failing pipes was that the ground was constantly wet due to poor drainage. He said that’s all working, so now the association needs members to help keep the ditches clear.

“You bag it. We will grab it,” he said.

Dashboard data

Martin said that as of Feb. 1, there were 310 outstanding property violations outstanding with the Compliance, Permits, and Inspections office. Another 212 violations were initiated in during the month, including 133 maintenance, trash or debris; 18 no permit, 16 signs, and 45 miscellaneous, such as parking, permit expiration, trailers, and junk vehicles.

CPI closed out 114 violations during the month, but there were still 408 remaining as of month end, including197 maintenance, trash and debris, 61 no permit, 14 signs, and 136 miscellaneous.

Public Works had 40 open work orders as of February 1 and received 61 new work orders during the month, including 3 bulkheads, 12 drainage, 11

included

1,

Golf course irrigation

General Manager John Viola said during the March 29 Board meeting that phase 1 of the golf course irrigation project on holes 1 and 9 and the driving range is complete.

Phase 2 is still in process, with contractors working on holes 2 and 3 and around the pump station. Viola said the project is on track for completion in April.

At a cost of nearly $1 million, the major irrigation improvements are being made after 50 years of use. Viola previously said he believes the replacement pipe will last at least 75 to 100 years.

Project updates

Renovation and expansion of the racquet sports building in Manklin Meadows is progressing, with plumbing work completed and inspected, concrete poured, and framing completed, Viola said during his monthly report. He anticipated that the project will be complete by May.

A new shade structure will be built at the OPA’s Dog Park in Manklin Meadows. Viola said the association received county approval for the structure, which was requested by dog park members to provide some protection from the elements.

“It’s more a rain structure they need,” Viola said.

He said the cost is yet to be determined and work on the project is expected to begin once construction at the racquet sports building is completed.

Phase II of the golf course irrigation project is well under way, with recent work focused on holes two and three and around a pump station. Expectations are that phase II will be completed this month. Shown is hole #2 after trenching. Phase I

holes

9 and the driving range.

Veterans Memorial Friends raising funds honoring WWII hometown hero George Kerchner

Ceremony placing memorial paver scheduled for June 6

The Friends of the Worcester County Veterans Memorial are raising funds to place a memorial paver honoring the late George Kerchner in a ceremony scheduled for June 6.

He was one of the first wave of homeowners in Ocean Pines and a founding member of the Ocean Pines Volunteer Fire Department, but is perhaps best remembered as a hometown hero who, as a member of the elite Army Rangers, took Pointe Du Hoc on June 6, 1944, on D-Day.

The Friends are asking for donations in his name be sent to the WCVM at P. 0. Box 1576, Berlin, Md. The dedication will be held on June at 11 a.m. at the Veteran’s Memorial. All are welcome to attend.

Kerchner came to the Ocean City area in 1970 and settled in Ocean Pines. Many remember him as one of the founding members of the OPVFD and also an active member of the Ocean City American Legion, Post 166.

He passed away on Feb. 17, 2012.

He enlisted in the U.S. Army in 1942 and was eventually shipped overseas where he joined the elite Ranger 2nd Battalion as a lieutenant. He trained for six months in England, climbing seaside cliffs in anticipation of raiding Pointe du Hoc, a well-fortified promontory jutting into the English Channel.

The mission, under the command of Lt. Col. James E. Rudder, was viewed as near suicide. In an oft-quoted line, attributed to an intelligence officer, Rudder was warned of the 100-foot ascent up Pointe du Hoc that “it can’t be done, three old women with brooms could keep the Rangers from climbing that cliff.”

On the dawn of the June 6, 1944 invasion, Lt. Kerchner entered his British-manned landing craft with other members of Company D of the 2nd Ranger Battalion.

He recalled to historian Douglas Brinkley the advice of a chaplain conducting an impromptu Mass: “When you land on that beach and get in there, I don’t want to see any-

body kneeling down and praying. If I do, I’m gonna come up and boot you in the tail. You leave the praying to me, and you do the fighting!”

By the time he got to the rocky

beach, he found himself in charge of D Company. Every senior officer had been killed or severely wounded. From several hundred yards

The late George Kerchner during World War II. u

From Page 23

away German machine-gun fire continued to rake the beach.

Kerchner and his men reached the top of Pointe du Hoc but found the 155mm guns they were to destroy had been moved.

They were able to locate the guns and destroy them. Even so, Kerchner and the 15 men under his command were surrounded and fought off German attacks for nearly three days until reinforcements arrived.

Around 100 of those 225 Rangers at Normandy on June 6 were killed or wounded.

Kerchner was later shot in the left shoulder during combat near the city of Saint-Lo.

The Allied exploits at Pointe du Hoc were featured in the 1962 Hollywood epic “The Longest Day.”

At the age of 92 Kerchner told a TV interviewer, “I didn’t think I did anything that heroic.”

He was awarded a Distinguished Service Cross for his actions. Allied commander General Omar Bradley

Board votes to replace gymnasium floor

Accepts staff proposal to go with matted poured concrete option

By ROTA L. KNOTT Contributing Writer

The water-damaged gymnasium floor at the Ocean Pines Association’s Community Center will be replaced with a matted poured concrete floor. Based on a staff recommendation, the Board of Directors voted unanimously during its March 29 monthly meeting to approve a $62,300 contract with Dynamic Sports Construction to replace the floor with the new surface.

In February, a pipe supplying water to the radiant floor heating system at the Community Center leaked and caused damage to the floor. Because of the location of the pipe break and the leak not being discovered immediately, the hardwood floor suffered extensive damage.

Debbie Donahue, recreation and parks director, said staff reviewed options for repairing or replacing the gym floor and recommended replacement with a

called the Pointe Du Hoc invason “the toughest of any task assigned on D-Day. By his determined leadership and outstanding heroism, he led his company in the successful

Berlin Liquor Store

DynaForce System matted poured concrete floor.

“There’s been some misunderstandings as to what happened,” she said.

Donahue said the water damage was caused by a faulty O-ring on a pipe external to the actual radiant heat flooring system. She said the entire Community Center uses radiant heat.

General Manager John Viola said the system was likely originally selected to provide comfort when people are involved in activities on the floor, such as yoga. She called the problem that caused the leak a “minor thing” that wasn’t detected until it had already permeated the floor, which is hardwood flooring over the radiant heat piping.

Donahue said staff investigated several flooring options and visited different facilities to see them in place. Staff recommended the matted poured concrete floor because it is shock absorbent and would be resis-

To Page 26

assault upon and captured the 155 mm enemy gun positions. He tenaciously and courageously held his position until relieved and was a constant inspiration and source of

encouragement to his troops.”

According to his published obituary, a plaque commemorates his service at the National D-Day Memorial in Bedford. Va.

Viola releases exterior rendering of mostly new Southside firehouse

Again declines to provide latest cost estimate of OPA contribution

By ROTA L. KNOTT

Contributing Writer

Showing a rendering of the proposed new Southside firehouse at the March 29 Board of Directors monthly meeting, General manager John Viola said the Ocean Pines Association and Ocean Pines Volunteer Fire Department are closing out the pre-planning phase of the project.

Gym floor

From Page 24

tant to potential future leaks. “It is to me the best option,” she said.

The flooring system will be warranted for five years and if there is ever another leak “it will just roll out and we mop it up,” Donahue

Viola said he didn’t have an estimated cost of the new firehouse, nor did he have a plan for paying the OPA’s share of whatever the cost.

A working number of $2.5 million for the new 14,610 square foot building has been reported as the OPA’s contribution

He said the project is on track, with plans reviewed on March 14 and the architect to make minor

said. The current flooring is out of warranty.

OPA President Stuart Lakernick asked for clarification that the leak was not from a failure of the radiant heat system itself, but rather a pipe that feeds the system.

Viola confirmed that, saying it did not leak within the floor. It was

1,595

changes. During the week of March 23 the OPA met with Vista Design on site plans, mechanical drawings, and permit process, and they are now working on mechanical plans.

Shovels are expected to hit the ground in October 2025 to break ground for a new south fire station, with hopes the facility will be operational by early 2027.

That presumes a succesful refer-

caused by a coupler that was spraying water inside the wall. Because of the type of flooring in the gymnasium, the water seeped underneath it and sat there during a time when nobody was in the space for a few days.

Director Steve Jacobs asked if there is a need to make any changes

endim vote of property owerers,

The OPA intends to hold a referendum on construction of the new facility this summer in conjunction with the annual Board of Directors election. Ballots are to be mailed out to all eligible voters in July.

Viola said he is working on scenarios for how the association can pay its portion of the cost of the firehouse.

The OPVFD has secured $1.7 million grants and bonds dedicated to the new firehouse, with $1.3 million of the money already sitting in the OPVFD bank account.

Additionally, the OPVFD will be able to submit to the state for reimbursement under other bonds.

Finally, the fire department has $750,000 in its bank account from fundraising and additional savings that will be contributed to the project.

to the operation of the radiant heat floor itself to prevent future problems.

Viola said it should not be a problem, but he added that he asked Public Works to investigate the potential installation of additional heating sources at the Community Center.

From Page 26

The latest exteror rendering of the Southside firehouse.

Beach Club pool adds live music

Entertainment to fill extended hours on Friday and Saturday nights

By ROTA KNOTT Contributing Writer

Director of Business Operations Linda Martin at the March 29 Board of Directors meeting announced a decision that the OPA will be adding live entertainment at the Ocean Pines Beach Club swimming pool on two nights, extending the normal closing time from 5 to 7 p.m. on Fridays and Saturdays.

The pool and Beach Club reopens for the season Memorial Day weekend and closes after Labor Day.

While the pool is operating by the Ocean Pines Association’s Aquatics Department, the adjacent Beach Club is under new managemen, Touch of Italy, with long-time manager Linda Heutner returning to run the facility for TOI.

Live entertainment poolside should drive additional business to the Beach Club snackbar during the extended hours.

Martin also said that the OPA is still working on the possibility of obtaining a liquor license for the Swim and Racquet Club, but that it may not happen.

She said legal counsel is working to confirm whether a liquor license can be obtained. She said the initial response from the county regarding licensing was that the Swim and Racquet Club isn’t a restaurant or a club so it would not qualify.

Steps have been ordered for the Yacht Club pool with a non-slip surface, she said.

Historic committee update

A room in the Ocean Pines Association’s administration building has been dedicated to the preservation and showcasing of the community’s history. “We now have a room in the admin building to be able to collect all of that stuff,” Director Elaine Brady said of historic items donated by community members.

She said the Ocean Pines 50th Anniversary Committee received many documents and pictures from individuals who helped shape the community. There was some discussion at that time of creating a way to display them, but materials had been just sitting in storage.

The OPA “had collected an awful lot of memorabilia and things from the earliest days during the 50th anniversary,” Brady said. “It was in closets and we finally decided it’s time to get it out there figure out ways to display it.”

Last year the Board of Directors established a Historical Work Group to collect, properly preserve and organize historical items, along with determining how to best display them. Brady said the group has been working hard to catalog and organize donated items and is looking for more. She

encouraged people to donate any historic items they have.

Brady said a reprint of a book on Ocean Pines history written by the late Bud Rogner has sold well and the committee is planning to do a second printing. She added in the future the group may develop a coffee table book on Ocean Pines history as well.

Good Neighbor award

An Ocean Pines couple was recognized for their outstanding volunteer efforts in the community by the Ocean Pines Association during a March 29 Board of Directors meeting.

OPA President Stuart Lackernick read aloud the citation presented to Rob and Kay Leimbach for their tireless efforts to support those in need in the community. The commendation honored their “thoughtfulness shines through in countless acts of kindness.”

He said they were recognized for everything from collecting mail and shoveling snow for neighbors, to mailing bills and offering assistance during difficult times. They were also recognized for their dedication to maintaining the beauty of the community by organizing and planting flowers in the park. The commendation mentioned Kay’s baking cookies for neighborhood children and Rob lending a hand and guidance on home and auto related matters.

The award honored the Leimbachs for their unwavering dedication, kindness, and generosity and said they “exemplify the spirt of an Ocean Pines Good Neighbor.”

The Leimbachs were not in attendance at the meeting. Director Elaine Brady accepted the award on their behalf.

Police vehicle purchase

The Board approved the capital request to purchase of a 2025 Dodge Durango with the police package for the Ocean Pines Police Department at a cost of $62,812 from Hertrich Fleet Services.

The vehicle is new equipment for the OPPD, not a replacement, and the expenditure was included in the budget.

CPI violations

The Board of Directors voted to find a series of properties in the community in continuing violation of the restrictive covenants. The properties will be forwarded to legal counsel for further action and all voting and amenities rights of the property owners were suspended.

The subject properties are 6 Canal Road, 21 Rabbit Run Lane, 2 Yeoman Court, 35 Fairway Lane, 26 Moby Dick Drive, and 38 Crest Haven Drive for one violation each, and 44 Pinehurst Road and 38 Robin Hood Trail for

OPA member again critical of beautification efforts

Ocean Pines Association member Bill Hayes, as he has done at previous meetings, questioned the OPA’s efforts to beautify the community by enforcing the governing documents at the same time that it is ignoring long-standing problems that the OPA should be addressing. He made his comments during the Public Comments segment of the monthly Board of Directors meeting March 29.

Hayes said he supports improving the aesthetics of the community and making it look better but he is also starting to wonder “which direction we’re going.”

He noted that Resolution M-04 gives the Board the authority to address property maintenance violations by entering onto a property and doing the work to address the outstanding violation and charging the cost to the owner.

While the OPA claims the ditches are “working great,” two weeks ago three inches of rain flooded the new sidewalk at River Run was under water and Beauchamp Road flooded. He said the River Run side was quickly cleared, but not on Ocean Pines’ side.

“A hundred houses sat with water at the edge of their house for three days,” he said, adding that in the area of Pinehurst Road the water was a foot deep across the road a day or two later. “Three days is too long.”

Hayes said the document the OPA sends to

CPI violations

From Page 27

three violations each.

property owners for violations cites the declaration of restrictions but it’s not the DRs that they are violating but rather rules and regulations with less standing.

“It’s our initiative as a community to pay attention to what the yards look like,” he said.

Showing a picture of his own house, he said the pictures the OPA has of property violations don’t always tell the story. He said he can’t convince Ocean Pines that there’s nothing wrong with his house because there’s too many leaves in the yard. He said the photo of his house doesn’t show the lot next door that is completely forested, is swampy, and has ditches full of debris.

“What’s the point if I can do the ditch in front of my lot but my neighbor has an empty lot and doesn’t do the ditch?” he said, adding there are many properties like that along Ocean Parkway. “When Ocean Pines points a finger at you, they’re also pointing three fingers back at themselves.”

As an example of the OPA’s negligence of its own properties, he cited Somerset Park with a shed covered in mold and full drainage ditches, and pallets stacked up behind the Community Center and covered by a blue tarp.

He said the OPA is not great in communicating, and “I think need to improve that.” He said

William Adler

Adler said he too received a citation from the OPA for a violation of having leaves along the road but there is no drainage ditch there. “I’m trying to understand why the leaves are a problem,” he said, adding that he doesn’t know how far from the road he has to remove leaves.

He said 80 percent of the ground debris is pine needles which are allowed to remain.

“Am I supposed to remove all the leaves on my property?” he said and asked where does it start or stop.

OPA Attorney Bruce Bright said the leaf removal issue does come from the declaration of restrictions. He said property owners are required to clear ditches and easements of leaves, but also clearing lots of leaves.

The requirement does not extend to pine needles, since they’re not mentioned in the documents.

Bright said the restrictions also have a provision that entitles the association to go onto a property in violation and clear the leaves if an owner doesn’t do it. The Board can authorize OPA crews or contracts to do the work and bill the property owner for the associated cost.

“It is the owners obligation not only to keep leaves out of the ditches but also to keep their property clear of leaves,” Bright said. selective enforcement is inappropriate.

The Board also approved hiring a contractor to resolve violations associated with debris on numerous other properties. Those properties are 173 Ocean Parkway, 183 Ocean Parkway, 172 Ocean Parkway, 182 Ocean Parkway, 51 Ocean Parkway, 97 Pinehurst Road, 56 Duck Cove Circle, 4 Pelican Court, 10 Wharf Court, 21 Rabbit Run Lane, 35 Birdnest Drive, 47 Falconbridge Road, 39 Falconbridge Road, 13 Tail of the Fox Drive, 35 Tail of the Fox Drive, 716 Ocean Parkway, 834 Ocean Parkway, 850 Ocean Parkway, 1086 Ocean Parkway, 38 Robin Hood Trail, 851 Ocean Parkway, and 1197 Ocean Parkway.

Director Steve Jacobs asked OPA staff to explain the steps taken to bring property owners into compliance prior to having a contractor do the necessary work.

“How much discussion has been going on to get these resolved?” he asked.

Martin said all of the property owners were sent first and second notices of the violations and none of them responded to the OPA. Under Board Resolution M-04, the Board can then authorize entry onto a property to correct the violation.

Bruce Bright, OPA legal counsel, said property owners are actually receiving more notice than the OPA has to provide under Resolution M-04. He said the contractors’ fees for completed the work necessary to address the violations are charged to the property owners by being attached to their annual dues.

Committee appointments

The Board reappointed six community members to OPA standing advisory committees during a March 29 meeting.

Patricia Benner and John Maziuk were each reappointed for a third term

To Page 30

on the Environmental and Natural Assets Advisory Committee. Frank Brown was appointed for a second term and appointed chairman of the Golf Advisory Committee. William Lahner, Bob Long, and Don McMullen were all reappointed to the Golf Advisory Committee for third terms.

Signs removed

With new electronic information signs now in place at the community’s entrances, the Ocean Pines Association is removing the old marquee signs that have dotted Ocean Parkway for decades.

Director Elaine Brady said during the March 29 Board meeting that a lot of those signs have been removed. “That was because the county never allowed those,” she said. The signs were not allowed under the county code, so the OPA had to give them up when it opted to install the new electronic signs.

Brady said the OPA is asking the community’s various clubs and organizations to stop putting out “snipe signs” along the roads. She said those temporary signs are not allowed under the community’s guidelines.

“They clutter up our roadways. They’re not allowed,” she said, adding they cannot be placed in the median or in easements along the roads. “Our community looks junked up when you start doing that.”

The only type of signs allowed by the OPA’s restrictions are those for open houses and yard sales, Brady said.

She added that those signs can be put up only for the day of the event and must be removed at the end of the day.

Brady said signs for events are not covered in the OPA’s guidelines and will likely be discussed in the future. She said she is aware that when a group holds an event there does need to be some signage including for parking.

Additionally, in an effort to beautify the community Police Chief Tim Robinson has removed more than 80 signs from along Ocean Parkway that were not needed, she said.

Yard debris drop-off schedule announced

The Ocean Pines Association’s Public Works Department will offer yard debris drop-off services every Saturday in April to assist residents with spring cleanup from 8 a.m. to 3 p.m. The yard will be closed during weekdays throughout the month.

A valid vehicle sticker is required for access to the Public Works yard. Residents may use their 2024 stickers or obtain a new sticker at no charge by visiting the Public Works office during regular business hours, Monday through Friday from 7 a.m. to 3 p.m.

Residents have several options this spring to dispose of yard waste.

Republic Services will collect up to eight bags of leaves per week on regular trash days.

If residents have more than eight bags, they can call Public Works at 410641-7425 and request a special pick-up.

Residents are reminded that leaves and yard debris must be placed in paper bags only for both drop-off and pick-up. Plastic bags are not accepted.

For more information, call Public Works at 410-641-7425 or visit oceanpines.org.

OPA quarterly report available on-line

The latest issue of the Ocean Pines Report, the Association’s quarterly newsletter, is now available online.

Physical copies should be mailed to homeowners and residents within the next few weeks.

This issue features a spotlight on Assistant Golf Pro John O’Connor, articles on Ocean Pines Public Works’ snow cleanup and volunteer initiatives to preserve local history, and operational updates from OPA department heads.

There are also guest columns from Sen. Mary Beth Carozza, Del. Wayne Hartman, Worcester County Commissioner Chip Bertino, and more.

To view the Ocean Pines Report, www.oceanpines.org/web/pages/quarterly-newsletters.

BJ’s membership offer returns to Ocean Pines

BJ’s Wholesale Club is once again partnering with the Ocean Pines Association to bring a special membership offer, effective April 1-30, to benefit the Worcester County Veterans Memorial at Ocean Pines Foundation.

With this offer, new members receive The Club Card Membership for 12-months for $20, or The Club+ Card Membership, which receives 5 cents

Public Comments

From Page 25

Adler asked when the OPA’s Public Work yard will be open to get rid of leaves.

Viola said they are considering opening the yard sooner. He also said Public Works is offering paper leaf collection bags for sale for 31 cents each.

Marlene Ott

Ott, a local real estate agent, asked how many lots Ocean Pines owns. She said at one point the association owned 200 properties.

Viola said it is currently around 20 lots. He said the lot inventory was reviewed during the past 15 years and they are not usable or saleable due to constraints.

Ott also thanked the Board for supporting the History Task Force and providing a room in the administration building for organizing and displaying memorabilia.

She encouraged anyone who may have historical items related to Ocean Pines to donate them.

off per gallon at BJ’s Gas every day and 2% back in rewards on most BJ’s purchases, PLUS Two free same-day deliveries per year (on eligible orders of $50 or more) for $40 with BJ’s Easy Renewal.

Existing members can purchase a 12-month renewal for The Club Card Membership for $50, or a 12-month renewal for The Club+ Card Membership for $100.

In addition to offering special membership discounts, BJ’s will donate $15 for each completed new Club+ Membership application, or $5 for each completed new and renewal Club Card Membership and each completed renewal Club Card+ membership application received, to the Worcester County Veterans Memorial at Ocean Pines Foundation.

To take advantage of this special offer by phone, call 800-313-8887 and use promo code 100407. Phones are open Monday through Friday, 9 a.m. to 6 p.m. EST.

BJ’s membership applications are also available at the Ocean Pines Association Administration Building at 239 Ocean Parkway and online at oceanpines.org. Applications must be returned with payment by April 30. Check and credit card payments will be accepted.

Applications may be dropped off at the administration building front desk or mailed to Ocean Pines Association, Attn: Marketing, 239 Ocean Parkway, Ocean Pines, MD 21811.

This offer is not available online, at any BJ’s location, or for any current Easy Renewal members.

February cash position at $13.5 million

President Stuart Lakernick, subbing for Treasurer Monica Rakowski who was out on an excused absence, reported on the Ocean Pines Association’s cash and investment position during a March 29 meeting.

The OPA’s cash and investment position decreased by about $800,000 from the end of January to the end of February, with about $13.5 million on hand on Feb. 28. That compares to about $14.3 million in cash as of Jan. 31.

Cash decreased $500,000 from the same time last year.

Of the cash on hand, $8.7 million was invested in CDARs, and $44,000 in interest income was recognized for the month.

The remaining $4.8 million was invested in an insured cash sweep, treasury bills, money market and other operating accounts, diversified between two local banks.

She said the committee reprinted 100 copies of an Ocean Pines history book written by the late Bud Rogner and they are selling well. She said they are available for sale at the OPA office and will be available at the Season Kick Off event on May 17.

Amy Peck

Peck pointed out that the Board packet is filled with leaf violations on properties cited by CPI. She acknowledged that for proper drainage the ditches need to be kept clean, but she said there is a question regarding leaf maintenance in yards.

The primary objective of the Architectural Review Committee guidelines is to “preserve the natural beauty of Ocean Pines,” she said, adding that the founders never intended to mimic manicured communities like Glen Riddle. “For over half century ocean Pines wooded landscape has always been a defining feature.” She said it attracts residents who appreciate its natural beauty and wildlife.

Peck said in January 2024 there was a first

reading of changes to the ARC guidelines but no red line copy in the Board meeting pack. She said there was no discussion of leaf maintenance at that meeting or at the April 2024 meeting when the revised guidelines were approved.

The declaration of restrictions trump the ARC guidelines, Peck said. To change the DR residents have to vote to do so.

But she said the revised guidelines added language stating “leaves are not considered to be acceptable groundcover.” She said the OPA is now telling property owners that if the ground isn’t visible then they have an accumulation of leaves that must be removed. She asked from where this standard came from.

Peck cited a restriction that properties must be maintained to avoid being unsightly with accumulation of unattractive growth or rubbish or debris. “When did leaves become rubbish or debris? Who has made the determination that a natural groundcover of leaves is considered unsightly?” she asked. Yet, yards covered with gravel or mulch are ok, she said.

Essay contest winners

In February, The Republican Women of Worcester County sponsored an essay contest that was opened to all 8th graders in Worcester County Public and Private Schools. The topic was the U.S. Constitution. They were asked to write a 600-800 word essay on one of the Amendments and what it means to them. The winners were: first place, Seamus Wilkinson, Most Blessed Sacrament; second place, Tyler Smith, Most Blessed Sacrament; and, third place, Brock Hidell, Worcester Prep. Standing, left to right are, RWWC President Jean Delcher, Smith, Wilkinson, Hidell and Susan Ostrowski, RWWC literary chair.

Mailloux sentenced to 18 months in jail for leaving scene of Ocean Pines teen’s 2022 death

It was an emotional day for two families in Worcester County courtroom

By CINDY HOFFMAN

Contributing writer

On March 19, 24-year-old, former West Ocean City resident Tyler Mailloux was sentenced to ten years in jail, with all but 18 months suspended after pleading guilty during a Feb. 25 motions hearing connected to the hit and run death of Ocean Pines teenager Gavin Knupp in July of 2022.

He will serve his sentence in the Worcester County Detention Center in Snow Hill.

Mailloux pled guilty to the charge of “failure to remain at the scene of an accident resulting in death, having known or should reasonably have known that the accident might result in the death of another person and death actually occurred to another.” This is a felony charge. In all, Mailloux was charged with 17 traffic charges, including four felony counts, none directly accusing him in the death of Knupp.

Circuit Court Judge Brett Wilson of Dorchester County, who had been brought in to hear the case after Worcester County judges recused themselves, imposed the sentence, along with no possibility of early parole. The sentence also included a three-year supervised probation, no contact with the Knupp family and 400 hours of community service with a non-profit organization upon release.

This was lighter than the ten-year sentence with all but three years and 227 days suspended recommended by Worcester County State’s Attorney Kris Heiser during the Feb. 25 hearing.

The sentence closes one chapter of this long and tragic story for two families, the Knupps, none of whom are currently Ocean Pines residents, and the DeAngelus family of West Ocean City, where Mailloux was living with his mother and step-father at the time of Gavin’s death. All three were employed at the Ocean Pines Yacht Club in July of 2022, DeAngelus as a partner in the Matt Ortt Companies and Mailloux as a bartender and his mother, Keirsten Frey, in a management role.

DeAngelus and MOC parted company in the context of a Justice for Gavin on-line campaign that targeted DeAngelus and MOC for complicity in Gavin’s death.

During the three-hour sentencing hearing, the judge heard from numerous loved ones of both Gavin and Mailloux, who shared their victim’s impact stories, illustrating the ripple effect this accident had on two local families, their sons, friends and the entire community. Themes of

forgiveness and inability to forgive were woven through all of the stories.

“Tyler took the heart and soul of my entire life,” said Brody Grunwald, a friend of Gavin’s, who told the judge that he tried to take his own life as a result of the accident.

“Tyler made a choice that night,” Grunwald said. He said he watched all of his friends change because of the accident. “Shame on him for continuing on with his normal life after killing my friend.”

“I hope he gets the help he needs. I will continue to pray for him,” Grunwald said.

Melissa Grunwald, Brody’s mom, told the judge that she watched her son fall deeper into depression after Gavin’s death. “Brody had survivor’s guilt.” After Brody attempted to take his own life, his mother slept on the floor in front of his bedroom door for 16 weeks.

Grunwald said she is slowly moving towards forgiveness, by forgiving the person but not the action.

Gavin’s aunt and grandmother also testified to their loss. “I will never forgive Tyler for running down Gavin and leaving him to die on the side of the road,” Teresa Beech, Gavin’s grandmother said.

“It has been unbearable to lose my own grandson. He broke all of our hearts,” Beech said.

Summer Knupp, Gavin’s sister, who was with him the night of the accident, spoke during the proceedings. Summer and Gavin were the only two people in their car the night of the accident on Gray’s Corner Road. Gavin had left the car to take a picture of a deer skull hanging from a telephone poll. On his way back to the car, Gavin was struck.

Summer was unsure where Gavin’s body was and afraid to leave the car. With the help of the 911 operator, she ventured out of the car, found Gavin’s body and tried to administer CPR until the emergency responders arrived.

She spoke of her fear of being alone since that night, grief, heartache and emotional damage she will never recover from. If Tyler had come forward the next day, she said she would have been able to forgive him.

“He took my best friend away from me,” Summer said.

Tiffany Knupp, Gavin’s mother, recalled the call she received from Summer that night. Summer was screaming that Gavin was hit by a car. When she arrived at the hospital, Summer had

blood on her face from doing CPR. “I tried to save him, but there was so much blood.”

Tiffany learned that Gavin screamed that night. “He knew what was coming.” She recalled the feeling that her soul left her body that night as she watched the events unfold like a bystander.

“Our lives are shattered. The pain is dark, unforgiving and relentless. We are no longer the same people we once were,” his mom said.

“I hear his scream every day.”

Ray Knupp, Gavin’s father, spoke of his bond with his son and of his grief. “I loved watching him grow into the man he would become.”

George Psoras, the attorney representing Mailloux, recounted the night of the accident and Mailloux actions over the following days, in an attempt to clarify some of the facts.

Based on camera footage accessed from Crabs to Go, a business on the corner of Racetrack Road and Gray’s Corner Road, not far from where the accident occurred, Mailloux and his girlfriend, Sarah Sherman, traveling in two separate cars, were driving the speed limit.

Psoras said that Mailloux did not see Gavin due to the glare of Summer’s headlights and those of cars on Route 50, which runs parallel to Gray’s Corner Road.

He noted that in June of the previous year, Mailloux had hit a deer and called the police to report it and was told by the officers that was not necessary. On the night Gavin was strcuk, Mailloux called Sherman and asked her if she saw the deer he struck. She said she hadn’t.

Psoras said Mailloux and Sherman continued to drive home and pulled the car into the garage to assess the damage and realized it was probably not a deer and drove Sherman’s car back to the scene, where they saw emergency equipment.

Deciding not to interact with emergency medical personnel and other first responders on the scene, including law enforcement, led to the charges which, almost three years later, resulted in Mailloux’ 18-month jail sentence.

They drove home, awoke DeAngelus, and told him what had happened. DeAngelus immediately contacted two lawyers. As he was pulling out of his subdivision with Mailloux to drive to the scene, one of the lawyers called back and told them not to drive to the scene without a lawyer present and that there was nothing they could do that night.

The next morning DeAngelus reached out to Psoras, who immediately contacted Heiser to advise her of details of the accident.

Psoras also stated that he had communicated with Cpl. Kevin Moore, head of crash investigations at the Berlin barracks of the Maryland State Police, and the family had agreed voluntarily to surrender the car at a time to be arranged.

But state police came to the home days later with a search warrant and seized the car. He also noted Mailloux reported the accident to his insurance company.

“There are no bad guys here. A tragic accident occurred,” Psoras said. “He [Mailloux] owned this from the beginning.”

He said that after the Feb. 25 hearing, when

Mailloux, for the first time, came face-to-face with the Knupp family, Mailloux told Psoras that he did not want to drag it out any longer and was ready to plead guilty. His client is not responsible for the death of Gavin but is responsible for not going back to the scene, Psoras said.

He noted that Mailloux and his family have lost a lot due to this tragic accident. DeAngelus and the Matt Orr Companies severed business ties and Mailloux could not find a job locally and had to move out of the area to find employment.

Psoras did not mention several years of on-line attacks on DeAngelus and those living in his West Ocean City home endured, including an unfounded allegation that he and his family had fled to Mexico to avoid owning up to Gavin’s death.

In asking for leniency for his client, Psoras noted that Mailloux did not have a previous record and asked for forgiveness.

Mailloux’s grandmother spoke directly to the Knupp family, saying they were in their constant prayers. “Tyler was raised to know God as his personal Lord and Savior. This was a tragic night for two families. Tyler accepts his responsibility in this accident,” she said.

“Mother to mother, my heart was shattered,” said Mailloux’s mother, Kearston Frey, “I am truly sorry for every second of your grief. Tyler is broken from this tragic accident.”

Sarah Sherman, Mailloux’s girlfriend, spoke to the judge of Mailloux’s attributes, “He is the kindest, most selfless person I know. He is always eager to help others.” She has stood by him over the past four years. “He has a sincere desire to make things right.”

She spoke of the cruel threats and the weight

of the community who vilified Mailloux. “The community has crucified him. I hope you can see his remorse. He regrets the pain he has caused. It could have happened to anyone.”

Mailloux himself spoke directly to the Knupp family.

“I cannot begin to comprehend your mental pain. I alone am responsible for my actions and I take full responsibility. Not a day goes by that I don’t think about your son.”

Judge Wilson spoke extensively before he announced his sentencing. “I cannot fix what has happened. Nothing can ease the pain of Gavin’s family and friends.”

He talked about the purpose of sentencing, including rehabilitation, deterrence of others to commit the same crime and punishment. He noted that Gavin was critically but not mortally wounded in the accident and said that it was unclear to him whether Mailloux’s intervention could have saved Gavin’s life. He called Mailloux’s actions cowardly, shameful and self-serving.

“It’s hard to imagine Gavin’s last breath and Summer’s efforts to try to save her brother’s life.” He said he needed to consider what he called the poor decisions made by Mailloux and his original legal advisors, but also the fact that he did not have a prior record.

Judge Wilson reflected on Gavin as a person, based on pictures and statements from his friends and family. “I get a sense of a warm soul. He loved life. He had people who loved him.” In all of the pictures, Gavin is wearing a necklace with a cross, a necklace that his dad, Ray Knupp now wears. “Gavin wore that for a reason. I believe that Gavin has forgiven Tyler.

“Gavin is in a place where he is not attached to pain. I encourage his friends and family to celebrate Gavin as much as he celebrated life. He was a wonderful young man,” the judge said.

In handing down his sentencing, he said that he hoped that Mailloux had learned from his mistakes and would make better decisions in the future.

Speaking on behalf of the family outside of the courthouse, the Knupp family’s attorney, Neil Dubovsky told reporters the family was extremely disappointed by the sentence handed down by Judge Wilson and some of the reasoning provided by the court in issuing the sentence.

The family was satisfied with the original plea deal when it was originally struck, which incorporated the state’s recommended sentence of three years and 237 days, Dubovsky said.

He went on to say that the family does not believe that any of the statements made by Mailloux were sincere or genuinely remorseful and were purely an attempt by someone who was trying to avoid the consequences of his action.

“Nothing will bring Gavin back and our fight is far from over, but today was a meaningful step in the right direction. And for that we are grateful,” the Knupp family said in a formal statement issued through their attorney.

Dubovsky revealed that the Knupp family will be moving forward with a civil lawsuit against Mailloux.

The statute of limitations is in July for filing such a lawsuit.

There also has been a lot of criticism of Judge Wilson posted on local media Website and Facebook pages.

Beach clean-up

A group of volunteers from the Beach Heroes-OC recently completed a post-event trash cleanup at the Ocean Pines Beach Club and surrounding areas following the St. Patrick’s Day Parade. Beach Heroes-OC organizes weekly cleanups every Tuesday morning, with locations announced monthly on their Facebook page. Ocean City provides a small dump truck to assist with trash removal, and volunteers are equipped with bags, gloves, and grabbers provided by the group. Volunteers from Ocean Pines, Ocean City, Fenwick, and other nearby areas regularly take part in the cleanups. Participants can earn t-shirts and hoodies after logging several weeks of participation, thanks to sponsorships that vary from year to year. Participation has grown significantly over the past year, increasing from just a handful of volunteers in the group’s early days to 40-plus participants on cold days and as many as 80-plus during the summer months. Beach Heroes-OC has been invited to return to Ocean Pines for an Earth Day cleanup in April. Details will be announced on their Facebook page.

Commissioners reject Bertino proposal for external audit of treasure’s office

Once again, Ocean Pines representatives are frustrated in their efforts to promote transparency and accountability in the county’s financial operations

By ROTA KNOTT

Contributing Writer

Most of the Worcester County Commissioners are refusing to have an external audit of the treasurer’s office to determine if employees are following policy and have appropriate internal financial controls in place after massive deficits in the water and wastewater service areas were discovered.

Ocean Pines Commissioner Chip

Cover story

From Page 3

budget for Water/Wastewater Enterprise Funds raise considerable concern among the Ocean Pines Service Area ratepayers. The Ocean Pines Association Board of Directors requests that Ocean Pines be held harmless from the debts of all other Water/Wastewater Service Areas,” the OPA said.

In remarks at the March 29 Board meeting, Brady said that if the commissioners continue on the path they’re on and adopt the plan, which she called unfair and illegal in that it violates a language in the county code that each service area is responsible for costs incurred within the service areas, then legal action against the county would be considered.

“We would hope that wouldn’t be necessary,” she said. A public hearing on service area budgets is scheduled for May 5, and the commissioners normally would adopt service area budgets in June.

The second indication of a fighting spirit was the calling of a special meeting for April 4 in which the directors were to meet in closed session to decide next steps.

Board members at the March 29 meeting pledged to oppose a proposed Worcester County plan that would require all 18,000 ratepayers across 11 service areas to repay mil-

Bertino made a motion during an April 1 meeting to engage an external auditor to evaluate the county treasurer’s office after the staff failed to provide a written overview of deficits in the water and wastewater enterprise funds.

Only Commissioner Jim Bunting, the other representative of Ocean Pines on the county’s governing body, supported Bertino’s motion for an external audit. The other five voted in opposition.

Bertino made his motion for an

lions in water and wastewater debt, despite Ocean Pines contributing only a small fraction of the deficit.

Bertino said community homeowners should not be held accountable for mistakes they didn’t make. The proposal could raise quarterly bills in Ocean Pines by $32 per ratepayer.

OPA Vice President Rick Farr criticized the lack of accountability for the county errors that led to more than $9 million in debt.

“Nobody was fired or terminated for this huge accounting error that Commissioner Bertino has pointed out, and yet we may be responsible for paying it back,” Farr said.

Director Jeff Heavner thanked Commissioners Bertino and Bunting for their unwavering support and said the OPA Board has a duty to protect homeowners.

He also invoked a familiar pop-culture reference from the X-Files, a popular television show dating back to the 1990s.

“The truth is out there,” he said. “It seems that a majority of the other commissioners have been less than truthful on this subject … [and] nobody’s been held accountable for this mismanagement.”

Heavner said that the proposal may violate county code, but he then made it clear he thinks it does.

“This is contrary to county code and seems to be against the law,” Heavner said. “The county commis-

external audit after the county administration failed to provide documentation regarding the deficits in the enterprise funds.

At a March 18 meeting, the commissioners unanimously approved a motion, also made by Bertino, to provide to the commissioners and post on the county’s website information about proposed rate increases and deficits in the enterprise funds.

When that information wasn’t provided to the commissioners

sioners have an opportunity to be more truthful.

“I find it ironic that a majority … have a real disdain for Ocean Pines – yet they love our wallets and pocketbooks, not only to pay for a county screw-up, but to visit their retail businesses,” he continued.

Heavner then posed a pointed question.

“Do you want to shoulder the millions in shortfalls and debts from other service areas, which we would be paying, like Chip said, 56 percent for? You don’t have to answer. I’ll answer for you: Hell no,” Heavner said. ‘We need your support’

Brady urged homeowners to stay focused on the bigger picture.

“Don’t get into the weeds. What we need is your support,” she said. “Send emails to the commissioners. We’ve got to fight this thing.

“We are not going to put up with it. It’s the unfairness of this, and it has happened over and over again,” Brady added.

She said it’s unfortunate that the other five commissioners could still strongarm Ocean Pines ratepayers with a simple majority vote.

“We have to let them know that that’s not okay. They have to do what’s fair to all of us in this county – not just to their ratepayers,” she said.

Brady said OPA would continue working to spread awareness and protect homeowners. She added

at their April 1 meeting, Bertino wanted to know why. “Where’s that document?” he asked. “It was supposed to be here before the commissioners at this meeting. Why wasn’t it?”

Candace Savage, the county’s assistant administrative officer, said her office received it around 4:30 p.m. on the day before the commissioners’ meeting and hasn’t had a chance to review it.

Bertino asked who assembled the report, and Savage said it was the treasurer’s office.

He pointed out that the staff from the treasurer’s office was in the room when the commissioners approved the motion to provide the requested information by the April 1 meeting, and yet they didn’t.

“We are trying to cloud an issue that seems pretty straightforward,” Bertino said. “This is how we got in this predicament to begin with. We u

that Board members are already taking steps behind the scenes in case the other County Commissioners do not change course.

“We’re gonna fight back and fight back hard,” she said.

Director John Latham echoed concerns about setting a dangerous precedent.

“The whole thing is problematic,” he said. “And what I see is that any decision made here in the near future becomes a precedent going forward.”

Latham added that the Board is committed to doing everything possible to support the community.

OPA President Stuart Lakernick agreed, warning that any new financial obligation is unlikely to disappear.

Bertino agreed, adding, “when it comes to money and government, government doesn’t let go.”

Bertino closed by noting that he and Bunting have represented the community for more than a decade and remain committed to protecting its best interests.

“This is an issue where we need your help. So, will you help us?” he said.

Bertino and Bunting will host a town hall on Wednesday, April 23, at 6 p.m. at the Ocean Pines Library. A public hearing scheduled for Tuesday, May 6, at 6 p.m. in Snow Hill.

Service area budgets are normally adopted in June.

now have a 16-page document that none of the commissioners have had a chance to read although it was supposed to be in our hands today.”

He said the situation yet again calls into question what the treasurer’s office is actually doing. He said he has talked with members of the community over the past two weeks who are concerned about the county’s finances.

“Therefore I ask that an external audit be done on our finance department to ensure and to determine whether or not the procedures of the county code are being followed by the finance department,” Bertino said, adding it will also show whether accounts are adequately and accurately funded.

Bunting, too, said people have asked him why an audit has not been done to find out what’s been going on in the treasurer’s office.

Commissioner Eric Fiori asked if Bertino’s motion was for an audit of the enterprise funds or the entire finance department.

“Given the fact that we’re seeing problems with the enterprise funds, I think it’s only fair to have a concern about the entire finance department,” Bertino responded. Given $9.2 million in deficits in the water and wastewater services area, he said there should be a review of the entire operation.

“It just has the optics of something’s being hidden, trying to be hidden,” he asserted.

Fiori said Bertino should ask the finance department, members of whom were in the audience at the meeting, why the information wasn’t ready on time.

Phil Thompson, county treasurer, said his staff was busy with other fiscal activities like the county’s budget.

He said the goal was to get the materials out during the first week April so there was plenty of time for people to review it prior to the May 6 public hearing on the enterprise fund budgets.

But, Bertino said the commissioners made it clear what information they wanted and when “and we’ve been ignored. And it’s not here.” He said the staff was to have the materials for the commissioners on April 1.

“Regardless of what was on the table, I suspect that a motion by the commissioners for a request for information would take precedence and time would be provided to ensure that it got in our hands when

Commissioners vote to hold public hearing on utility enterprise fund budgets

Bertino, Bunting rebuffed in effort to send explanatory letter to ratepayers, but motion to post information to county Website passes

By ROTA L. KNOTT Contributing Writer

Over objections from the two Ocean Pines representatives about a lack of information being shared with the public, the Worcester County Commissioners on March 18 voted to hold a public hearing on a proposed consolidated water and wastewater enterprise fund budgets for Fiscal Year 2026.

If approved by the commissioners after a public hearing in May, the proposed budgets would spread a total of $2.1 million in debt accrued by the 11 service areas evenly across the ratepayers of all service areas regardless of the amount owed by each individual district.

After Bertino criticized his colleagues for not providing information to affected ratepayers, the commissioners agreed at the close of their March 18 meeting to post information about the proposed enterprise funds budgets and the associated deficits and debt on the county’s Website for the public to view.

Earlier in the meeting, the commissioners had voted 4-3 not to send out an explanatory letter to affected ratepayers in the service areas, as had been proposed by Bertino, Ocean Pines District 5 representative.

“This government did a lousy job overseeing the financial operations of our service areas and the people who are being held accountable are the rate

we asked for it,” he told Thompson.

Fiori said in the 11 years Bertino has been a commissioner, he never before questioned the operation of the treasurer’s office but now he wants an audit He alleged that previous commissioners, including Bertino, knew there were problems and “kicked this down many years.”

However, Bertino said all of the sitting commissioners became aware of the deficits and challenges in the enterprise funds in September of 2024.

When Fiori tried to question Bertino about his attendance at monthly water and wastewater advisory committee meetings, Bertino retorted “I am not a witness in a trial, Commissioner Fiori. We have staff that are supposed to be doing this.”

Commissioner Joe Mitrecic asked Thompson if the enterprise funds

payers, not the people who created the situation to begin with,” Bertino said during discussion of the issue. He said the issue of the accumulated debt has many different variables of “gross negligence” by the county.

“Every ratepayer deserves to have the information to know what their share of that burden is,” Bertino said.

He offered a motion, given a second by Commissioner Jim Bunting, representative of District 6 that includes a portion of Ocean Pines, to share information with ratepayers in all service areas via the mail.

“We need to send a notice out to all ratepayers,” he said, adding that should include the per household rate increase and the percentages over the current year, what the increase is going toward dollar for dollar, explanation of the $2.1 million deficit being covered in FY26 as well as the $9 million that the service areas will have to start repaying next year.

He said the information should also include why that debt is owed.

“We have a responsibility to make clear to the public that this is not their fault at all,” Bertino said.

Only Commissioner Caryn Abbott from the Pocomoke district supported Bertino and Bunting in voting for the motion.

are included in the county’s annual audit.

Thompson said yes, but added that the actual co-mingling of money in a single shared account for the enterprise funds goes back over 20 years.

He said it was the recommendation of the then administration and the county attorney, and that system has been in place ever since.

Mitrecic said information about the enterprise funds can be found in the county’s annual audit and he didn’t support spending money on a special audit.

He acknowledged that the commissioners should have been paying more attention over the years.

“I take as much responsibility for this situation as everybody else,” Mitrecic said. “I’m not going to blame our employees. I’m not going

to throw them under the bus.”

Mitrecic lamented the retirement of John Ross, long-time county deputy director of public works who oversaw the water and wastewater operations. He said Ross “was on top of the wastewater department” and the county hasn’t had the same oversight since he left.

Commissioner President Ted Elder said the treasurer’s office is busy with many other duties including developing the county budget and handling tax bills, and another audit would interfere with their work. “I don’t see where we need to put that burden on these hardworking employees down there,” he said.

Commissioner Caryn Abbott and Diana Purnell didn’t offer any comment on the motion but voted in opposition when Bertino called for a vote.

Public hearing

From Page 37

Commissioners Ted Elder, Joe Mitreric, Eric Fiori, and Diana Purnell all opposed it.

Later in the meeting during commissioner comments, Fiori said the idea of putting information online would be a good way for people interested in the issue could “dig into a little bit farther” into the matter.

Mitrecic said the public hearing will be advertised in the newspaper and if people are interested in the issue they can come to the public hearing. If they are interested in the topic “they should be here whether it’s sent out in a letter or not.”

He supported Fiori’s idea of putting an insert with information on the issue in ratepayers’ upcoming bills with a link to the county’s Website to find more information online.

Bertino said that if there is agreement to put information on the Website, that was fine with him, although he suggested that the posted information might be incomplete and not provide all ratepayers an opportunity to access it.

But, he said, if it includes everything he asked to be distributed to ratepayers, then the county should do it.

Still, he said, a first class mailing to ratepayers would be preferable, but a majority of commissioners had already disagreed with him.

As a fallback, Bertino’s motion called for documentation to be placed on the county Website within a week or two of the March 18 meeting. Bunting gave a second and the commissioners unanimously voted to do so.

It was not immediately clear who would be assembling the information.

Quinn Dittrich, enterprise fund controller, appeared before the commissioners with a request to schedule a public hearing on the enterprise fund budgets for the 2025-26 fiscal year for May 6. He said the budget must be adopted by the commissioners by June 17. The new fiscal year begins July 1.

“There are considerable rate increases that are included in this presentation, correct?” Bertino asked Dittrich. “We are looking at absorbing about a $2 million deficit this year.”

Dittrich concurred and said if the rates across the service areas were kept at the same level as this year there would be a $2.1 million deficit.

For 2025-26, he said the county simply estimated expenses for all service areas and then applied the expenses to the ratepayers as a whole regardless of their service area.

Bertino said that means the service areas are sharing equally the burden of the deficits that occurred system wide for all 11 service areas.

“But each of these services areas contributed a different amount to that deficit,” he said.

As an example, he said the Ocean Pines service area is projected to contribute about $116,699 to the total $2.1 million anticipated deficit for 202526, but the ratepayers in the Ocean Pines area are being asked to foot more than their of share of the deficit.

“I don’t think it’s going to come as any surprise that I find it absolutely egregious that the Ocean

Pines service district is being asked to foot the bill and cover the cost of deficits that accrued not just this year, but moving forward …” he said.

Bertino then asked about a $9 million transfer authorized by the commissioners from the general fund to cover the deficits that had accumulated in the enterprise funds.

Of that $9 million, $2.7 million was provided as a grant to the Glen Riddle service area, which serves a major subdivision on Route 50 across from Home Depot and Walmart, with the remainder loaned to various service areas to cover deficits. “What about the $9 million how is that going to be handled in future years? If this is the model that’s going to be followed, then Ocean Pines is going to end up paying even more next year and that hasn’t even been addressed.”

Dittrich said the 2025-26 budget doesn’t include any repayment of the $9 million loan because that will not begin until FY27.

Bertino said the proposal takes the easy route to addressing the deficits and plans to just divide it by the number of ratepayers across all the service areas.

The way this is being presented individual users are not even going to see how it’s going to impact them personally, and the people of Ocean Pines are being required to foot the bill for other service areas, he said.

He said he understands that if each enterprise funds deficit is only charged to the ratepayers of those individual services area that some of the rates would increase.

“Well, their rates would go up,” he said, adding that “every service area, including Ocean Pines, should pay their fair share, whatever that is.”

Mitrecic, who represents the Ocean City district that has no county water and wastewater service areas, said he finds the situation “ironic.” He said whenever he has brought up concerns about Ocean City taxpayers “paying the freight, it’s dismissed as them being part of Worcester County.”

Bertino said Ocean City residents have no responsibility to pay back he $9 million loan, which came from the county’s general fund to cover the deficits in the service areas. The repayment is from the rate payers in those service areas, he said.

Weston Young, county administrator, pointed out that if the commissioners were to forgive the full loan to the service areas, then the cost would be absorbed by all taxpayers in the county.

“I sure as hell hope not” was Bertino’s response.

Mitrecic said if some of the service areas with enterprise funds that are in the red were to have to carry those deficits, no one could afford to live in those service areas.

He said those communities would be decimated.

Elder concurred and said there is no way that anybody could afford it.

“The money has to come from somewhere,” he said. “What we’re trying to do is the early stages of consolidating every one in the county.”

Bunting said the 2025-26 budget has nothing to do with the consolidation of service areas.

He said a committee studying the problems in the enterprise funds had a deadline to present

draft budget materials and the proposed budget that spreads the deficit across all ratepayers is the result.

No alternative has been developed or presented to the commissioners.

He encouraged ratepayers to attend the public hearing and make comments on the proposal.

As for the other $9 million that was loaned to the enterprise funds, Bunting said that “we have to be very careful.

“That possibly may be absorbed by everybody [in the county]. And not be part of the enterprise fund because it was, in my opinion, brought on by mistakes by the county.”

It wasn’t altogether clear whether Bunting would be receptive to some or all of the $9 million being funded through the county’s general fund, but he didn’t reject the idea completely.

As Bertino did.

Fiori called the situation a “very complicated problem with tons of moving pieces.”

He added that the service area budgets as proposed show what is required for the enterprise funds to break even.

“It is what it is,” and for some service areas, Glen Riddle in particular, there would be a lot of financial pain inflicted on its ratepayers.

After voting down Bertino’s motion to send information to ratepayers of all service areas about the enterprise fund deficits and the proposed plan to spread the cost across all ratepayers, the commissioners then agreed unanimously to move the proposed budget forward to public hearing on May 6.

Bertino said his request to mail a letter to all ratepayers in the county was an attempt to be transparent so people know why their rates are increasing.

“A majority of this body decided the public doesn’t need to know that,” he said, before his colleagues accepted his proposal to post the information to the county Website.

He said the county government failed the ratepayers in the service areas.

“This body who decided it was better that they be kept in the dark,” Bertino complained.

Mitrecic said no one is being kept in the dark but it would be a waste of money to send out notices to all ratepayers.

He said the notice of public hearing will be published online and in local newspapers so if people are interested, they can find information through those resources. They can go to the library if they need to use a computer, he said.

“Trying to put out an explanation of how we got to this point would take literally the encyclopedia Britannica salesman at your door,” because there are so many variables, Fiori said.

Posting information to the county Website was where the commissioners settled, with Bertino still wondering how effective that approach would be and how accurate and detailed the information would turn out to be.

As of the commissioners’ meeting on April 1, he still didn’t know, and he criticized staff for not assembling the material in time for review at that meeting. It turns out the material has been drafted but not yet reviewed. [See separate story in this Special Report for details.]

Most commissioners disinterested in holding accountable those responsible for $9 million deficit, Bertino alleges

But they do seem eager to pass the cost on to Ocean Pines ratepayers,commssioner contends

By ROTA L. KNOTT Contributing Writer

Most Worcester County commissioners are not interested in holding accountable the county employees who created a more than $9 million deficit in the water and wastewater enterprise funds, according to Commissioner Chip Bertino. County staff reportedly made large “paper” transfers of funds over many year to cover shortages in some service area budgets, resulting in massive debt across the enterprise funds.

Bertino said money was taken from profitable districts such as Ocean Pines and used to fill funding gaps in other districts. “That should not have happened.”

Bertino met with the Ocean Pines Association’s Board of Directors at a March 20 special meeting to discuss the issue and ask for the OPA’s help in mobilizing residents to oppose a proposed Fiscal Year 2025-26 enterprise fund budget that distributes another $2.1 million in deficits to ratepayers across all service areas, whether they incurred any of the losses or not.

Bertino said when the alleged mismanagement of the enterprise funds came to light, he and Commissioner Jim Bunting moved quickly to “shine the brightest light possible” on the problem and hold accountable the people that were held the responsible. But, he said, the county’s policies and procedures were not being followed for longer than either of them has been a commissioner. Transfers of funding are supposed to be brought to the commissioners in real time, not after they have been made, but that wasn’t happening for the enterprise funds.

“I have a one big question with this gross financial mismanagement that took place in the treasurer’s office - who got fired?” Ocean Pines Director Jeff Heavner asked Bertino.

Apparently, no one. “The majority of Commissioners right now are unwilling to move forward with holding people accountable,” Bertino said.

Bunting said as soon as the commissioners learned about the financial issues in the enterprise funds, they revoked the responsible person’s authority to make any funding transfers.

He reiterated Bertino’s comment that most commissioners are not interested in holding anyone accountable for the past disregard of policy.

When asked by OPA Board members if the county had either an inside or an outside audit conducted, the commissioners said no.

Director Monica Rakowski wondered what else may have been going on in the county finance department. “We know of this one thing…” but not if there may be other problems in the finance department, she said.

“I just cannot see how at least an internal audit wouldn’t be required. That would be one point I’d want to get out in the public. Our county just did this, we’re getting stuck with it and who knows what else is going on,” Rakowski said.

Bertino said the current county administration has been scrutinizing everything happening in the finance department since these problems became known and he has confidence in them.

Worcester County operates 11 water and wastewater service areas, including the Ocean Pines service area, as individual enterprise funds. As enterprise funds each service area is required by law to be self-sustaining, with income covering expenses. The county finance department oversees the enterprise funds.

Section 5-310 of the Public Works Article of the Code of Public Local Laws of Worcester County states that “the county commissioners shall each year, by resolution, approve and adopt a budget for each service area which shall specify estimated expenses of the service area or sub-area and the assessment, user charge and accessibility rates, as well as any other authorized fees and charges, necessary to balance estimated expenditures.”

The code also provides for the commissioners to approve and adopt supplemental budgets and assessments and charges in accordance with section of the code, as may be necessary to meet emergency or unexpected conditions and expenses, including partial year budgets and levies. The expenses of the service area may also include a portion of any consolidated administrative, financial, engineering and maintenance expenses which are allocated to the service area on a proportionate basis.

Bertino said the crisis in the enterprise funds was discovered in February 2024 by the county budget officer and deputy chief administrative officer as they were implementing new budgeting procedures in the finance department. As part of that work, they became aware of financial inconsistencies within the enterprise fund operations. Between February and September 2024, county staff delved into the matter and realized the enterprise funds would soon run out of money. They made the commissioners aware of that in September 2024.

“They learned that contrary to county financial protocols, the financial department was not bringing to anyone’s attention the accumulated deficits and that budget transfers were being made on paper from reserves that did not exist in individual areas,” he told the Ocean Pines Association’s Board of Directors during the March 20 special meeting.

To avoid a financial crisis in the enterprise funds, the commissioners approved a transfer of $9,061,187 from the county’s general fund to the enterprise funds to cover the deficit. Of that $9 million, $2.7 million was designated as a grant to the Glen Riddle service area, serving the community of the same name on Route 50 across the highway from Home Depot and Walmart.

The remainder was loaned to struggling services areas, with $242,000 to Edgewater Acres, $790,000 to the Landings, $1.73 million to Mystic Harbor; $200,000 to Newark, ans another $3.339 million to Glen Riddle. Repayment of the loan, with about five percent interest, is expected to begin in fiscal year 2027 and take ten years.

“Of the $9 million transfer to stabilize the enterprise funds, for accrued operations and maintenance shortfalls of individual service areas, the Ocean Pines service area was not a part. In short, Ocean Pines service area did not contribute at all to the accrued losses and shortcomings,” Bertino said, adding, “let’s take a moment for that to sink in.”

At a March 29 OPA Board meeting, Bertino distributed a document summarizing the situation. In it he said that “over many years when there was a shortage in one individual fund, financial transfers were made – without commissioner approval – from another individual fund. Eventually, there was no money to transfer. In short, money transfers were made on paper between fund accounts that had no money in them.”

Those shortages occurred because of increased operating costs, capital improvements and artificially low user rates. To cover the shortages, staff in the finance department made transfers without notifying the county administrator or com-

Chip Bertino

missioners, contrary to county financial policy.

In February, Commissioner Eric Fiori, whose district contains several service areas affected by financial shortfalls, offered a motion to create a water and wastewater discussion group to develop options for addressing the problem. He proposed the group to include county staff and three commissioners, himself, Commissioner President Ted Elder, and Ocean City Commissioner Joe Mitrecic.

Despite Ocean Pines being the largest service area with about 10,000 users of the 18, 000 countywide, neither Bertino nor Bunting were initially offered seats on the discussion group. Following Bertino’s objection and Bunting talking with Mitrecic, Mitrecic recognized that his all-Ocean City district is not within any of the service areas and yielded his position to Bertino.

Bertino in turn offered it to Bunting, who has decades of experience and knowledge of water and wastewater services. He said Bunting has “a heck of a lot more experience that anybody else up here.”

When Elder said during a March 18 commissioner meeting that Bertino was offered a seat on the committee and declined it, Bertino clarified that he thought Bunting was a better fit. “I recognized that my skillset paled in comparison to what Commissioner Bunting could bring to the committee,” he said, adding “please don’t insinuate that I didn’t want to take the responsibility.”

Elder acknowledged that the commissioners didn’t do their job to ensure the enterprise funds were operating correctly “We’re partially responsible right up here because we didn’t dig down deep enough,” he said, adding he wishes he had looked into the status of the enterprise funds a decade ago when he was first elected a commissioner. Still, he said, “the train was already running down the tracks toward a dead end” at that point.

Fiori said pointing fingers is difficult. “We were left with a pretty major problem,” he said.

At the March 18 meeting, county staff presented the commissioners with a proposed 2025-25 Fiscal Uear enterprise fund budget that contains a $2.188 million deficit across the service areas. Of that total deficit, the Ocean Pines service area’s contribution is just $116,699. The county’s proposed plan to cover the entire deficit is to spread the cost evenly across ratepayers in all service area regardless of debt contribution.

“Ocean Pines ratepayers will pay about ten times more in quarterly debt service than they contributed. Further, if the proposed plan is approved, it could be used as a model to require Ocean Pines ratepayers to help repay the $6.1 million loan beginning in FY 2027 even though the district contributed nothing to the debt,” Bertino said in his written materials.

Bertino said that equates to about $32 per ratepayer per quarter on top of any other rate adjustments that are necessary within a service area. “This plan violates current county code,” he said. He noted that this is only a proposal and it could change or be substituted by another plan

Commissioners OK Rt. 589 utility study

Local representatives express concerns about future development that could connect to the Ocean Pines wastewater treatment plant

By ROTA L. KNOTT Contributing Writer

Outvoted by a majority of their peers, Worcester County Commissioners Chip Bertino and Jim Bunting tried to postpone conducting a water and wastewater utility evaluation of properties along Route 589 until the public has an opportunity to weigh in on proposed new development in the corridor.

During a March 18 meeting, the commissioners considered a staff request to approve a contract with George, Miles, and Buhr for evaluating and providing plan recommendations for the extension of water and sewer utilities from the Ocean Pines Service Area to parcels located along Route 589 south of Pennington Commons.

Bertino made a motion to table consideration of the regional study until the county reviews a handful of upcoming requests for changes in use of properties fronting on Route 589, including a commercial project across from the Ocean Downs casino and a nearby 180-unit multi-family development. The motion failed to pass with just Bertino and Bunting in favor. After voting down Bertino’s motion to table consideration of the study, the commissioners voted 5-2, with Bertino and Bunting opposed to move forward with it.

“It just seems to be premature to move forward with this at this time,” Bertino said, adding the county hasn’t yet heard from the public on the potential new development along the corridor. The impact of that proposed development on the 589 corridor “is going to be extensive,” he said.

Bertino said he isn’t opposed to doing the study, just the timing. “I think there’s value to it,” he said of the proposed utility study. However, he said gathering input from the public on the proposed developments on Route 589 will help determine whether it is truly necessary.

“I agree with Commissioner Bertino. It’s too early,” Bunting said.

Dallas Baker, county public works director, said the county has seen an increased interest in development along Route 589 from the existing Pennington Commons development south to the Route 50 intersection. At this time, it is anticipated that water and sewer services to this area would come from the Ocean Pines Service Area and the study would help determine how to best provide service.

The total cost of the utility evaluation and plan is $23,700, with funding coming from an over-expenditure of the OPSA’s budget. Reimbursement for expenses related to the study will be assessed to future developers that tie into the proposed improvements, Baker said.

Public Works has requested GMB to evaluate and recommend infrastructure needs on a regional basis to serve the area in question. “As individual developments are approved in the future, the sewer and water infrastructure installed should account for future service needs in order for the county to effectively serve this area. Having an approved water and sewer extension plan in place for this area will ensure that Public Works can adequately serve those approved to connect,” Baker said in a memo.

“The idea of this is to be proactive in this situation,” said Commissioner Eric Fiori, citing development pending on Route 589. If those properties make it through the permitting process before the county has a plan for regional water and wastewater service, the developers may not build the types of infrastructure ultimately needed, he said.

Conducting the study will help determine the type and size of infrastructure needed along the corridor to serve pending and future development, Fiori said.

Baker concurred and said, as Route 589 has developed, small pump stations have been added at several locations along the corridor. That is what he wants to avoid in the future.

Jennifer Keener, county development review and permitting director, said she has two requests for rezonings of properties on Route 589 pending in her office.

One is a minor amendment to a property across from the casino that’s already zoned for u

at the discretion of the commissioners. However, this is the only plan put forward for a scheduled May 6 public hearing.

Bertino and Bunting will hold a Town Hall

meeting on April 23 at 6 p.m. at the Ocean Pines library to provide information to the public prior to the May 6 hearing, scheduled to begin at 6 p.m. in Snow Hill.

Utility study

From Page 40

commercial use to try to get more density. The other is a nearby 20-acre site -- actually it’s two separate parcels -- that a developer is requesting be rezoned from commercial to high density residential to allow for 180 multi-family units.

“So often we are reactive instead of proactive. To put this off is again going to put us behind again the eight ball in the future moving forward,” Commissioner Joe Mitrecic said after hearing from county staff on the matter.

Bob Mitchell, director of environmental programs, said an earlier utility study didn’t focus on the Route 589 corridor. Since that study was completed, several properties have been rezoned, including the Atlantic General Hospital complex and land across from the casino.

“We have a lot of development and pending development in the corridor that needs sufficient infrastructure,” he said.

He said a plan is needed so as the properties develop they are not calling on the county to help with infrastructure.

Fiori said the county has not historically been good stewards of water and wastewater planning. He argued that it is shortsighted for the commissioners not to consider the utility study.

Bertino said it is his responsibility to the people who live nearby and who use that corridor to ensure their input is heard.

“I am not asking that this not be done. I have a question about the timing,” he said.

Additionally, he said the county has been calling on the state for years to reevaluate the corridor and expand it. ‘That hasn’t happened. There’s no funding for it to happen.”

Baker said the study will develop a plan that will assume the “worst case” scenario for development along Route 589 with highest density possible used for infrastructure planning purposes.

But Bertino said that would set expectations that the county will allow the most intensive use of the properties included in the study.

Bunting agreed that worst case scenario planning would be used as an argument for rezonings because the county has planned for it based on the utility study. “When they come in for a rezoning they’ll be able to say this study has said that its fine,” he said.

Commissioner President Ted Elder argued that the study would be part of helping to make the decision on requests for rezonings along the corridor. “This sounds like a question of which came first, the chicken or the egg.”

Baker said the study will not comment on whether the development is allowable at a certain location but rather just how to serve it.

He said if the study will focus on the logical places to put wastewater lift stations and other infrastructure based on zoning and land use classifications. He said the county was to try to condense the large infrastructure into two or three locations instead of a dozen along Route 589.

Bunting questioned Mitchell, asking “but what you would do would be based on the worst-case scenario?”

Mitchell responded that there are still many properties from Gum Point Road north to Ocean Pines that could be developed and there is no plan in place for how infrastructure should be provided along the corridor.

As an example, he cited a property across from the casino that is planned for commercial development. He said that developer is proposing to

Jennifer Keener, county development review and permitting director, said she has two requests for rezonings of properties on Route 589 pending in her office.

install a grinder pump for a pump station system of disposal – to a pump station they don’t even own. “We can’t have those kinds of things within our system,” he said.

North of Gum Point Road along Route 589, Mitchell said there are a number of properties on septic systems that with intensifying use of the properties will need to be connected to the county’s Ocean Pines wastewater system for disposal. “That in itself needs to be looked at,” he said.

Pocomoke Commissioner Caryn Abbott asked Bertino if it would be detrimental to do the study now. “Would this not be good information to have ahead of time?” she asked.

Bertino responded that the parameters of the survey could be enhanced based on feedback from the public hearings held on upcoming rezoning requests.

As a result the study could be more robust or less robust than what staff is proposing based on the public comments.

Kiwanis bingo night

On Thursday March 19, the Kiwanis Club of Greater Ocean Pines - Ocean Cit held a Bingo Night at the Ocean Downs Casino. Pictured are some of the players before the first bingo game started.

OPA records $95,000 operating fund variance in February

Ne t positive for the year reaches $827,000

By TOM STAUSS Publisher

The Ocean Pines Association recorded a positive operating fund variance of $95,325 in February, boosting its year‐to‐date performance to a net positive of $826,552. According to a report issued by Controller/Director of Finance Steve Phillips, February’s results reflected revenues over budget by $26,076 and expenses under budget by $69,249.

For the year through February, revenues are over budget by $390,852 while expenses are under budget by $435,700. The OPA continues to head toward another excellent year financially, even if the positive operating fund variance remains below the $1 million mark.

At the February Board of Directors meeting, General Manager John Viola predicted a year‐end operating fund positive variance of about $850,000.

At the March 29 Board meeting, Viola revised the estimate to $950,000.

As the OPA moves into the final two months of the fiscal year, all amenities are performing well. With only two exceptions, tennis and platform tennis, every amenity posted a positive result in February compared to budget, and all except pickleball and the Yacht Club are operating ahead of budget for the year through February.

Golf remains the association’s most profitable amenity. Year-todate through February, golf generated net earnings of $539,843, which is $200,314 above budget.

In February, the golf operation recorded a deficit of $56,058, an improvement of $8,625 over budget. Compared to last year’s year-to-date net of $435,687, this marks a yearover-year improvement of $104,156.

Beach parking continues to be a strong performer, with year-to-date net revenue reaching $532,743, ahead of budget by $14,603. For February, beach parking netted $11,454, just shy of its target by $83. This represents an improvement of $14,163 over last year’s year-to-date figure of $518,580.

The marinas delivered a year-to-

date net result of $261,355, exceeding budget by $50,066. However, February’s performance showed a loss of $4,436, missing budget by $815. Compared to $205,639 from last year through the same period, marinas improved by $55,716 yearover-year.

The Beach Club continues its role as a cash generator. Its year-to-date net revenue reached $254,266, coming in $73,595 ahead of budget. In February, the Beach Club recorded a loss of $4,656, under budget by $229. Compared to last year’s $220,149 through February, this is an improvement of $34,117.

The Yacht Club has underperformed relative to other amenities. Year-to-date, it has generated only $20,526, falling short of its budget target by $181,389. In February, the Yacht Club lost $50,636, though this loss was $8,797 less than budgeted. Compared with last year’s year-todate net of $214,280, this represents a decline of $193,754 year-over-year.

Aquatics has slipped behind last year’s year-to-date performance, but it was still in the black by $25,163 through February.

For the month, aquatics had a

deficit of $30,511, but that was ahead of budget by $2,573.

A year ago through February, aquatics had netted $69,261. That’s a year-over-year decline of $44,098.

Though not a high revenue earner for the OPA, the Clubhouse Grille consistently operates in the black. Through February, it had netted $88,451, ahead of budget by $18,282. For the month, it lost $9,640, under budget by $1,701.

Through February of last year, the Clubhouse Grille had produced earnings of $99,230. The year-overyear decrease in net was $10,779.

Racquet sports remain a profit center for the OPA, at least for the 2024-25 fiscal year.

Year-to-date through February, pickleball netted $73,060, which is $4,613 under budget. For February, it posted a loss of $3,332, missing its target by $1,296. Compared to $57,995 last year through February, this is an improvement of $15,065.

In February, platform tennis recorded a loss of $1,828, falling short of budget by $278. Year-to-date, it’s in the red by $1,043, but that’s ahead of budget by $14,016. Compared to last year’s loss through

February of $26,006, there’s been a net year-over-year improvement of $19,050.

In February, tennis recorded a $3,812 deficit, ahead of budget by $161. Year-to-date it produced a $20,988 deficit, but that was ahead of budget by $12,494. The year-overyear improvement through February was $5,008.

For the year so far, racquet sports are $51,019 net positive.

Reserve funds: The OPA’s reserve fund balance through the end of February was $7.187 million, down from $7.681 million in January. The replacement reserve as of Feb. 28 was funded in the amount of $5,150,390, with bulkheads/ waterways at $592,596, roads at $1,162,124, drainage at $189,308, and new capital at $92,528.

Balance sheet: As of Feb. 28, the OPA had $40,234,569 in assets, compared to $38,920,768 at the same time in 2023.

Membership: OPA amenity memberships remained at 107 percent of budget by the end of February, no change from prior months. Total memberships sold through February were 4,193, compared to 4,065 a year prior,

Membership dues collected through February were $1,309,727, ahead of budget by $87,379.

All membership categories were ahead of budget with the exception of tennis at 95 percent through the end of February,

Net Operating by Department - February 2025

Source: Ocean Pines Association Finance Department

Board letter to the county hits home

Ocean Pines Association members should be extremely pleased with the way the Board of Directors is handling the proposed ripoff of Ocean Pines Water and Wastewater service area ratepayers. The unfairness and illegaility of what so far is the only plan on the table awaiting county action is accurately and powerfully described in a letter to the county commissioners that appears below.

As this letter can’t be improved upon, it’s being reproduced in its entirely.

The alternative to what’s been proposed thus far should be obvious if county officials want to adhere to the letter and spirit of the county code. A budget for the Glen Riddle Service Area needs to be drafted that allocates all the costs associated with it, and then whatever these costs are needs to be collected from Glen Riddle property owners, no matter the sticker shock.

Glen Riddle is one of the toniest and expensive subdivisions in the county; its property owners are likely to be able to afford even a four-figure surcharge if that’s what’s needed. According to information provided by county commissioner Chip Bertino, the county has calculated that a quarterly utility bill in Glen Riddle would increase from $288 to $505 to cover service area expenses next year, a 75 per cent rate hike.

So be it. No doubt homeowners in that subdivision would be able to handle a $122 increase. A night out at Ruth’s Chris steakhouse can easily reach and exceed that.

Socialized cost-sharing with the financially well off is a reprehensible option that the com-

The plan brought forward to resolve the Enterprise Funds debt is inconsistent with the county code that defines 11 Water/Sastewater service areas within Worcester County to be self-sustaining ...

missioners need to abandon forthwith.

It’s contrary to code and unfair. ~ Tom Stauss

Here’s the letter that the Board is sending to the commissioners:

This letter is in response to the FY2026 budget draft that was put forward for the Water/Wastewater Enterprise Funds during your Commissioners’ meeting on Tuesday, March 18 . We find your proposal to burden all 11 Water/Wastewater Service Area ratepayers with ~#2,188,000 in shortfalls accumulated over many years to be unfair. The Ocean Pines Service Area only contributed ~$116,699 to the shortfalls.

The approval of the budget put forward for the upcoming fiscal year would penalize rate payers in the Ocean Pines Service Area in the amount of ~$2,021,301. ($2,188,000 in total debts - $116,699 in actual Ocean Pines Service Area shortfalls) and would set a precedent for further financial hardship of the residents of Ocean Pines.

Your proposal obligates Ocean Pines Service Area ratepayers to pay 55.6% (10,000 Ocean Pines Service Area ratepayers/ 18,000 countywide ratepayers) of a debt that is mostly not associated with the Ocean Pines Water/Wastewater Service Area. It appears that your intention is to

evade public attention from the issues connected to the misappropriation of enterprise funds within your finance office:

• Contrary to county financial protocols, reports are that disbursements were being made absent of approval or oversight by the County Commissioners.

• These financial inconsistencies were discovered in February 2024 during the implementation of new budgeting procedures and not as a result of either an internal or external financial audit.

• No personnel have been held accountable for the financial inconsistencies within the Enterprise Funds operations.

• The plan brought forward to resolve the Enterprise Funds debt is inconsistent with the county code that defines 11 Water/Wastewater service areas within Worcester County to be self-sustaining, meaning income should equal expenses.

Ocean Pines ratepayers have a responsibility to pay for the operations of our system that provided us with clean water and effluent processing and nothing more.

The intentions of the FY2026 budget for Water/Wastewater Enterprise Funds raise considerable concern among the Ocean Pines Service Area rate payers.

The Ocean Pines Association Board of Directors request that Ocean Pines be held harmless from the debts of all other Water/Wastewater Service Areas.

Ocean Pines Association directors

Mailloux sentencing judge’s feeble justifications

The obvious take-away from the sentencing hearing for Tyler Mailloux in the accidental death of Ocean Pines teenager Gavin Knupp in July of 2022 is how utterly gut-wrenching it remains. There may be no pain on earth greater than a parent outliving a child.

Judging by rude epitets directed at members of Mailloux family in the courtroom by Knupp family members, and on-line invective directed at the judge for what the family regards as too light a sentence, this is a wound that is not healed. Forgiveness is not a sentiment that the family seems capable of summoning at present. Hatred prevails.

But if a summation of what happened that fateful night almost three years ago by Mailloux attorney George Psoras in a closing statement to the Court is even close to accurate, the Knupp family needs to understand that the year and six months imposed on Mailloux by the judge is the most that could have been achieved.

Indeed, Psoras’s closing statement was so detailed and persuasive that it’s impossible not to conclude that it had been delivered in a trial rather than a sentencing hearing, Mailloux might well have been acquitted of the felony charge he pled guilty to -- leaving the scene of an accident in which he knew or should have known that someone had been struck, leading to death.

If not acquittal, then at least a hung jury would have been a distinct possibility.

An article in this edition of the Progress reports in detail on the Psoras closing argument. It was a powerful refutation of the judge’s comments that Mailloux’ actions that night were cowardly and that he had been given poor legal advice,

No to service area bail-out

This letter to the Worcester County Commissioners was made available to the Ocean Pines Progress for publication.

Thank you for your efforts on the behalf of Worcester County residents.

I am proud to be a long term, voting, taxpaying resident whose address for the past 33 years has been 855 Ocean Parkway in the Ocean

LIFE IN THE PINES

An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community

By TOM STAUSS/Publisher

The judge in this case simply added another layer of tragedy to a situation where everyone has lost.

told not to return to the scene of the accident on Gray’s Corner Road without the presence of an attorney.

One key point: In the immediate aftermath of his vehicle striking Gavin, when stopping to lend assistance might (but might not) have saved Gavin’s life, Psoras said Mailloux was unaware that his vehicle had struck Gavin. Is that claim credible? It is.

It was the time of night when no reasonable person would have expected a pedestrian to be walking on the side of the road. A vehicle was parked roadside with headlights on, reducing visbility. Mailloux had hit a deer while driving in that same area within a year of Gavin’s death and he thought he had done so again.

He called his girlfriend who was following him in another vehicle and asked her if she had seen anything, and she said she had not.

Cowardly? Hardly. At one of the key inflection points that night, Mailloux was unaware that someone had been struck and killed.

Accoding to Psoras, Tyler and his girlfriend drove on to his home in West Ocean City, where upon pulling into the garage he noticed that a rearview mirror was missing.

Realizing at that point that perhaps it was no deer he had hit, he and his friend drove back to the scene of the accident and saw the

blinking lights of first responder vehicles.

Another inflection point. He could have driven right up to the scene to report his likey involvment in whatever had occurred there. Clearly he was conflicted, couldn’t decide what to do, so, according to Psoras, he drove back home to West Ocean City and woke up his dad, Ralph DeAngelus, for advice.

Cowardly? Not at all. The judge may think so, or pretend to, but this was a decision that seems understandable for a 21-year-old. He was genuinely unsure what he should do. The indecision if rendered convincingly to a jury might have produced enough reasonable doubt about Mailloux’ guilt to a fair-minded, objective Worcester County juror.

DeAngelus on the spot decided that he and Mailloux should drive back to the scene, but meanwhile he had been attempting to get up with attorneys for advice. One called back and told DeAngelus as he was driving out of his subdivision that he should not return to the scene without the presence of an attorney. Given the hour, that was not going to happen that night.

The judge seemed to think this was poor legal advice, but it seems anything but. At that point more than an hour had passed since the

LETTER

Pines subdivision. I have raised my family and conducted a relatively successful business here.

Last Wednesday I had the opportunity to watch your Commissioner meeting.

I was astonished to hear about the irregular $9.2 million dollar loan advanced to some of the 11 separate sanitation districts initially without proper authorization.

Apparently this was to help stabilize losses generated by a few of these districts.

accident occurred. One hires an attorney to navigate a difficult challenge; it’s the smart move.

According to Psoras, DeAngelus accepted the attorney’s advice that night and did not drive to the scene. The next morning he was able to get in touch with Psoras, who contacted State’s Attorney Kris Heiser to report on the previous night’s events. Psoras also contacted the state police crash investigator to arrange for the vehicle to be delivered to the state police barracks in Berlin.

The actions of a professional who acted in the best interests of his client.

It should be noted that the police report did not accuse Mailloux of manslaughter, drunk driving or any other crime other than traffic offenses, including four felonies, one to which he pled guilty as a way of ending a three-year ordeal, according to Psoras.

Cause of death was pedestrian error, as made clear in the police report. Mailloux was not directly implicated in Gavin’s death.

While one can appreciate that the judge in the case no doubt felt compelled to deliver a jail sentence, the narrative offered by Psoras in his closing argument was far more compelling than the judge’s feeble justifications.

Mailloux finds himself parked in Snow Hill jail as a way of attenuating a family’s pain in losing a beloved child.

It hasn’t achieved that at all. Bitterness persists. The Knupp family has yet to heal. Very sad.

It’s a lost year and a half unlikely to achieve anything of value or consequence.

The judge in this case simply added another layer of tragedy to a situation where everyone has lost.

If I was hearing correctly, there are some Commissioners who believe this loan should be paid back equally by all 11 districts no matter how much they were responsible for the deficit.

The notable exception is the Riddle Farm sanitation district. The Riddle Farm sanitary district may very well be the worst offender and yet $2.7 million of the $9.2 million has been gifted to the Riddle Farm sanitation district as a grant that does not need to be repaid to the

County taxpayers.

Why?

Commissioners, with all due respect, my understanding is current county law separates each sanitary district which is held accountable and stands on their own.

Ocean Pines sanitary district did not contribute one cent to the $9.2 million deficit and shouldn’t be expected to help pay off debts generated by other sanitary districts.

Martin D. Clarke

Ocean Pines

Ocean Pines residents and visitors can take a unique and stress-free ride to upcoming concerts in Ocean City with Liquid Tiki’s water taxi service.

The service will be available for three major events: Boardwalk Rock on May 16-17, Oceans Calling on Sept. 26-28, and Country Calling on Oct. 4-5. The boat will depart from the Ocean Pines Yacht Club and drop off passengers at Old Town Marina in Ocean City, just a few blocks

from the concert entrance.

Shuttle departure times from the Yacht Club are scheduled for 9 a.m., 10:30 a.m., noon, and 1:30 p.m.

The one-way fare is $40 per person and includes a complimentary festival-themed shot, such as an espresso martini shot, or a green tea shot.

Liquid Tiki offers more than just transportation. Passengers can relax on board with a full bar, a high-quality sound system playing music from featured bands, and

scenic views of the bay. Later departures will also allow guests to enjoy seating at the boat’s tiki bar.

“This is a fantastic way to start a concert day – avoiding traffic and parking headaches while soaking in the waterfront atmosphere with a tropical drink in hand,” said Ron Croker of Liquid Tiki.

To reserve a spot, visit www. ocliquidlimo.com, select “Tiki,” and choose a date and time. For more information, call 410-430-2120.

The Ocean Pines Farmers and Artisans Market will return to in-season hours of 8 a.m. to 1 p.m., starting April 5.

The market typically features more than 100 merchants during peak season, offering a wide variety of fresh produce, baked goods, local artists and artisans, and community groups.

Market-goers can enjoy a range of seasonal events and activities at the White Horse Park Marketplace.

Special events this year: April 19: Easter Magic, featuring Easter baked goods, early spring produce, and flowers; May 10: Blooms and bouquets, a Mother’s Day-themed market with flowers, décor, and garden items; May 24: Memorial Day weekend, offering ingredients for holiday meals, including fresh produce, meats, and baked goods; June 21.

Berries and Wine Festival, featuring berries, wine, and other specialty items; July 5: July Fourth weekend, includes live music, food trucks, and artisan goods; July 12: Tomato Festival, focused on tomato-themed products and activities.

Aug. 2: National Farmers Market Week, a celebration of the market’s vendors and community; Aug.t 30: Labor Day weekend, items for end-of-summer gatherings; Sept. 20: Books & Authors Jamboree, featuring local authors and book-related activities; Oct. 18: Harvest & Flannel Market, fall-themed with family activitie; Oct. 25: Halloween Market, items with Halloween-inspired elements. Costumes encouraged.

Nov. 22 and 25: Thanksgiving Festival, items for Thanksgiving celebrations, with a special pre-holiday market on Nov. 25 from 9 a.m. to 12 p.m.; Dec. 6, 13, 20: Hometown Holiday Marketplace, featuring holiday items, decorations, and seasonal goods.

The market is open every Saturday at White Horse Park in Ocean Pines.

Pine’eer Craft Club names April ‘Crafter of the Month’

The Pine’eer Craft Club has announced Lois Schultz as its April Crafter of the Month.

Schultz and her husband moved to Ocean Pines 12 years ago from the Philadelphia area, and she joined the Craft Club soon after. She is currently the co-treasurer of the Pine’eer Artisan Gift Shop.

Schultz grew up in Finksburg, Maryland, where her passion for crafting began in third grade when her grandmother taught her to embroider. That early introduction to the creative world sparked a lifelong love of crafting that continues today.

Schultz enjoys creating a wide variety of items, including jewelry, mermaid crowns, and whimsical fairies made from silk flowers. “After I saw a YouTube video about making flower fairies, I gave it a try,” Schultz said. “They have become a big hit in the Gift Shop! I enjoy making special orders of the Bride and Groom Fairies to match the real bride and groom”

Schultz’s fairies – ranging from witches and mermaids to Disney princesses – allow her to express her imagination and creativity. The tiny, handcrafted masterpieces have become one of the most popular items at the shop. According to shop managers, customers frequently check the spinning rack for the latest fairy creations.

Schultz is also known for her unique “beerings,” earrings crafted from recycled aluminum cans. These distinctive pieces join the many one-of-akind, handcrafted gifts available at the Pine’eer Artisan Gift Shop.

The shop, located in White Horse Park in Ocean Pines, is open yearround on Saturdays from 8 a.m. to 3 p.m. and Sundays from 10 a.m. to 3 p.m.

The Pine’eer Craft Club welcomes new crafters, and its meetings are open to the public. Meetings are held on the third Thursday of each month. Artisans interested in selling their creations at the shop can contact shop managers Debbie Jiwa or Barbara Herzog, or email opcraftclub@aol.com for more information.

TFarmer market performer debuts on American Idol

he Ocean Pines Farmers & Artisans Market has long been a launching pad for local talent, but few stories are as inspiring as that of singer-songwriter Cal Toner. A familiar face to marketgoers, Toner – who performs under the name Callum – is set to appear on season 23 of American Idol when it returns to ABC and Hulu on March 9.

Toner first performed at the Ocean Pines market in the summer

of 2021 and continued to take the Market Stage over the years, honing her craft in front of an enthusiastic local audience. Now, she’s taking her talents to a national platform, with the support of the community behind her.

“We have had a front seat to watching Cal grow into the rising performer she is today,” Farmers & Artisans Market Manager David Bean said. “Our market has a lot of pride and support for her as she

embarks on this extraordinary journey.”

Toner expressed her gratitude for the Ocean Pines community, crediting the market as one of her first performance venues. “My first gigs were at the Market Stage! Thank you all for giving me a chance,” she said.

In addition to her upcoming television debut, Toner recently released a new EP, “The Present Past,” on Feb. 28. The EP is avail-

able on major streaming platforms, including Apple Music and Spotify.

The market continues to be a hub for fresh produce, handcrafted goods, and live entertainment, showcasing a variety of local and regional talent.

The market operates year-round at White Horse Park in Ocean Pines. Off-season hours are Saturdays from 9 a.m. to noon through March 29, with in-season hours shifting to 8 a.m. to 1 p.m. beginning in April.

Ravens Roost seeks sponsors, players for golf tournament

Ocean City Ravens Roost #44 will host its 28th Annual Scholarship Golf Tournament on Friday, May 30, at the Ocean Pines Golf Club.

All proceeds from the tournament will benefit the Ravens Roost #44 scholarship fund.

This year, the nonprofit will award six $2,000 scholarships to graduating students from Indian River High School, Stephen Decatur High School, and Worcester Preparatory School. With this year’s

awards, the organization will have distributed a total of $270,900 in scholarships to local students.

Tournament organizers are seeking players, sponsors, and donations to support the event.

Several sponsorship opportunities are available, including: $2,000 scholarship sponsor, a co-named scholarship awarded to a high school of the sponsor’s choice; signature sponsor, $2,000 with team entries, $1,400 without team entries, includes two team entries, four tee

signs, and recognition on the tournament banner; major sponsor, $1,000 with team entry, $700 without team entry, includes one team entry, two tee signs, and recognition on the tournament banner; tee sponsor, $125, includes a tee sign on the course.

Participants can register for the tournament at a cost of $135 per golfer or $540 per team. The event will include a continental breakfast, lunch, a putting contest with a $500 prize, and a cash raffle with a $250

prize.

Merchandise, gift cards, and other items are also needed for the silent auction held after tournament play. Monetary donations to the scholarship fund are also welcome.

To download tournament forms, visit www.ocravensroost44.com.

For more information or to become a sponsor, contact a scholarship golf committee member: Don McMullen, 443-388-2941, Anita Satterfield, 443-743-6359; Gary Miller, 443-618-9972; or Marc Grimes, 302222-0159.

April crafter of the month Lois Schultz

Local organizations promote healthy habitats for birds and pollinators

Suggestions for making backyards nurturing and beautiful

By CINDY HOFFMAN

Contributing Writer

Spring has sprung in Ocean Pines, and many residents are out in their yards preparing for the growing season. While making our yards beautiful, we can also make them a healthy habitat for birds, bees and other beneficial insects that call Ocean Pines home.

While cleanup in the yard can be an ongoing process, it’s best to leave fallen leaves in the garden for the winter and rake them out in late spring, around mid-to-late April or early May, depending on the weather. This helps to protect overwintering pollinators, according to Debbi Dean, community engagement coordinator for the Assateague Coastal Trust (ACT).

“Many if not most of the pollinators that use our native gardens deposit the next generation in the leaf and stem litter, including standing stems of many of the plants,” Beth Sheppard, agricultural outreach specialist for the Lower Shore Land Trust (LSLT), said.

“Many butterflies, moths, and beneficial insects, like bees and fireflies, overwinter in leaf litter. Native bees, like bumblebees and miner bees, burrow into soil under leaves for winter protection. Firefly larvae develop in moist leaf litter, feeding on slugs and small insects. Without it, firefly populations decline. Ladybugs hibernate in leaves, emerging in spring to eat garden pests like aphids. The egg cases, called ootheca, of praying mantis attach to dried plant stems, staying safe through winter. Raking too early can disturb or kill them before they emerge,” Dean said.

“Typically, these insects would emerge over the spring and early summer and be right in the habitat they need to live,” Sheppard said.

Once daytime temperatures stay consistently above 50 degrees, most overwintering insects will have emerged.

“Leaf litter is great mulch, so it is

not necessary to remove it at all. I tend to weed my pollinator gardens in April, but I try to leave most of the leaves, stems, and seed heads of the native plants to incorporate themselves into the soil over time. The seeds and insects are all food for birds and other critters that live in or use the garden,” Sheppard said.

Dean recommended keeping a layer of leaves in garden beds to act as natural mulch. Leaves can even be shredded and reused by running them through a lawn mower for flower beds or compost.

Helping the next generation of beneficial insects also helps the local bird population. Our backyards were once forests and fields. But “since 1970 over a quarter of all individual birds, not species, but actual birds, have disappeared. That is about 3 billion birds alone not to mention frogs, insects, salamanders, etc. Even a little bit of well-managed habitat can go a long way in replacing some of what has been lost,” Sheppard said.

To attract birds, Maureen Kennedy of My Backyard, a local bird store in South Ocean Pines in the Manklin Station Shopping Center, recommends a bird bath. Birds need a dependable supply of fresh, clean water for drinking and bathing. Putting a birdbath in the yard may attract birds that don’t eat seeds and wouldn’t otherwise come to feeders.

“All songbirds eat black oiled sunflower seeds,” Kennedy said. Bluebirds love mealworms and ground feeders like red millet and milo. For those wanting to attract woodpeckers, Kennedy recommends peanuts and suet. She provides a variety of bird feeders, all of these seeds, and more at her store.

Hummingbirds will be arriving

Gardeners can attract birds like this house finch with bird feeders, fresh water and native plants.

Beth Sheppard (left) puts out plants in preparation for the Lower Shore Land Trust Plant Sale.

soon. While hummers enjoy nectar from native plants, there are a variety of feeders available. But Kennedy cautions that these feeders need to be properly maintained. Providing four parts water to one part sugar is the right balance for feeding hummers, and cleaning the feeder and changing the sugar water every couple of days will keep bacteria from growing in the water, which can be deadly for these petite birds.

Kennedy recommends cleaning the feeder with hot water and maybe just a drop of bleach. Other bird feeders should be cleaned every month with equal parts white vinegar and water. Using detergent can leave behind a residue which is not good for birds.

Birdhouses are another way to attract birds. Gardeners can build or buy blue bird boxes to help conserve bluebird populations by providing safe and suitable nesting sites, as natural cavities in trees are becoming scarce due to habitat loss and fragmentation. Chickadees, titmice and wrens also all enjoy birdhouses.

These need to be maintained as well. “Clean out birdhouses after the babies have fledged with vinegar and water. Birds are territorial, so they might not use all of the birdhouses you place in your yard,” Kennedy said.

Beyond providing houses, feeders and water features, the backyard gardener can opt for planting native plants to attract local birds and beneficial insects.

The Lower Shore Land Trust and Assateague Coastal Trust hold native plant sales each spring. Gardeners can start placing orders now by visiting their websites at www. lowershorelandtrust.org and www. actforbays.org.

“You can attract a lot more bird species to your yard than you think, especially if you introduce native plants with seeds and berries, a clean water source, well maintained bird feeders, and bird nesting boxes. Start small and go as big as you want to see what you can get to adopt your yard as home,” Sheppard said.

“Providing habitat for birds and pollinators in our backyards is crucial for maintaining biodiversity, supporting ecosystems, essential for pollution, and even benefiting our gardens. Bees, butterflies, and hummingbirds help pollinate fruits, vegetables, and flowers, ensuring a healthy and productive garden. Without them, many plants wouldn’t be able to reproduce,” Dean said.

Native plant sales:

Assateague Coastal Trust: Pre-order now at www.actforbays.org Pick up on May 3 at the ACT’s new office at 10031 Old Ocean City Blvd, Berlin.

Lower Shore Land Trust: Pre-order now at www.lowershorelandtrust.org. Pick up on May 2 and 3 at the LSLT office at 100 River Street, Snow Hill.

Birding Class: sign up at www.oceanpines.org or call 410-641-7052.

“Backyard gardeners on the Eastern Shore can provide crucial habitat for a variety of bird species that rely on native plants for food, shelter, and nesting.”

Dean recommends a garden of diverse native plants to attract a diverse array of birds. Ruby-throated hummingbirds love nectar-rich native flowers like wild columbine, cardinal flower, and bee balm. The American goldfinch rely on native seed-bearing plants like purple coneflower and black-eyed Susans, and the Eastern bluebird like nesting boxes and open areas with berry-producing shrubs like winterberry and serviceberry. The Northern cardinal thrives in yards with dense shrubs like elderberry, providing food and cover.

And don’t forget those cute little Carolina chickadee and tufted titmouse, who love the native hollies for food and nesting.

“By creating bird-friendly habitats, Eastern Shore backyard gardeners can help support these species all while enjoying a backyard full of life and entertainment,” Dean said.

Gardeners can also attract butterflies by planting a diversity of native plants, Sheppard said. The monarch butterfly requires a species of milkweed, the zebra swallowtail requires the paw paw or spicebush tree, eastern tailed blues require a

and birds also absorb carbon dioxide and improve the air quality. With all these important science facts, there is also the aesthetic prize! A yard filled with birdsong, butterflies, and buzzing bees is a peaceful retreat that enhances well-being and connects us with nature.”

It can be hard to find native plants at local big box stores, so ordering from LSLT and ACT is a great way to find native plants that will grow well in our region and attract local wildlife. Each website provides pictures and descriptions of the plants, growing conditions, and what species the plant will benefit.

To allow nature lovers to see local gardens featuring native plants, the LSLT hosts an annual Pollinator Garden Tour, this year scheduled for Saturday, June 7, with a rain date of June 8. This year’s theme is small gardens and will feature gardens in Berlin.

plant in the pea family like vetch.

“Some of the best native, top nectar plants to support butterflies are milkweed, purple coneflower, heartleaf meadow, cardinal flower, black eyed susan, bee balm, phlox, asters, and Joe-Pye weed, which are all available in our native plant sale,” Dean said.

“Most of these species are easy to grow, provide nectar for migrating and are magnets to these beautiful butterflies and bees. Another important factor to consider when designing your garden is to consider what a good host plant would be for caterpillars to support butterfly larvae which ensure future generations of butterflies. Some of these plants to consider would be milkweed, parsley, fennel, and dill,” Dean said.

“Creating a space with different species of plants, different colors of flowers, different shapes of flowers, with different blooming times is the best way to attract butterflies and all pollinators to your space,” Sheppard said.

“It is also a way to support our local ecosystems, as native plants provide food and shelter for wildlife which creates a balanced ecosystem helping counter habitat loss while contributing to a healthier planet along with combating climate change,” Dean said.

“Plants that attract pollinators

“We chose to have all the gardens in one town to demonstrate the impact everyone can have, regardless of acreage. We are also going to highlight the value of trees and will be including a few of Berlin’s oldest trees in the walking tour. Many of the garden sights have trees that will be recognized,” Sheppard said.

In addition, Taylor House Museum in Berlin will be the welcome center location this year with a Children’s plein air workshop. Plein air is painting inspired by direct contact with nature. Over nine artists are currently scheduled to paint in each of the private gardens on the tour.

“This year we are including a town community garden and a working co-op vegetable garden operated by Splendid Earth,” Sheppard said.

ACT is providing an opportunity to learn more about bees and other pollinators through its Sip and Science series on April 17 from 5:30-7:30 p.m. at Forgotten 50 distillery and restaurant in Berlin. On April 27, ACT’s Pollinator Festival is scheduled for Assateague State Park.

The organization will also host a Mother’s Day bird walk on May 10 at Golden Quarter Farm on Assateague Road.

For those interested in learning more about birding, American Bird Association’s Wayne Klockner and several other Eastern Shore birding experts will be hosting a class scheduled for Wednesdays, from April 2 to May 7, at the Ocean Pines Community Center. Field trips will also be organized for those interested.

Maureen Kennedy provides customers with feeders, bird houses and more at My Backyard, a shop in the Manklin Station Shopping Center in South Ocean Pines.

COVE

CURRENTS

Cove Board considers eliminating annual dredging program

Could avoid cost of buying a new dredge boat and dealing with spoil disposal; it would also eliminate annual waterfront assessments and waterfront reserve

By TOM STAUSS Publisher

Although no decision will be made until after a town hall meeting explaining alternative ways to address Captain’s Cove canal dredging challenges, one new approach emerged during the Board of Directors March 24 meeting: The Cove property owners association could decide to get out of the practice of dredging canals adjoining individual residential lots altogether.

It would be a bold move, as Captain’s Cove Golf and Yacht Club has

been dredging canals for decades, with funding provided by a waterfront reserve replenished annually by a waterfront assessment paid by rcanal-front property owners.

If the Board votes to no longer dredge the canals, other than those that directly adjoin association property, such as the Marina Club boat launch canal, the waterfront assessment and the waterfront reserve would be eliminated.

The possible elimination of the association canal dredging program, one of several options detailed by

Phillips proposes committee to look into dredging options

She’s hopeful that canal-front owners will step up to advise the Board on ‘this complex situation’

Senior General Manager Colby Phillips has proposed the creation of a committee to look into options for Captain’s Cove dredging program, including a new proposal discussed at the March 24 Board of Directors meeting to abandon the program and designating responsibility for spot dredging canals to individual canal-front owners.

“About dredging [options discussed at the March 24 Board meeting], I have reached out to several homeowners who are active in the community and may be interested in forming a committee to explore solutions to this complex situation,’ Philips said in a March 28 email to the Cove Currents. “ Forming a committee provides additional support from the Property Management Team, and the committee reports directly to the Board the committee’s findings.”

She said she was “hopeful that the group of waterfront homeowners I contacted will decide to move forward with this, and we can schedule a meeting once the board approves the committee. One member even possesses the necessary expertise and is ideally suited to chair or cochair.”

association President Mark Majerus during the March 24 Board meeting, would not mean the end of canal dredging. The proposal would shift responsibility for dredging to canal-front owners, who would hire local dredge contractors to dredge what Majerus called the “back yards” of canal-front properties.

He noted that canal front property extends to the middle of the canal that adjoins the lot.

He said the association would conduct an annual high-resolution digital survey of the Cove’s canal system to determine the condition of canals and would require canal-front owners to maintain their “backyards” in much the way the association enforces other rules and regulations in the Cove. Canal-front owners would not be required to dredge every year and some owners might never be required to do so, depending on the condition of their canals behind their homes.

Majerus said the option he detailed is already deployed in nearby Corbin Hall, where canal owners hire private contractors for spot dredging, with the spoils pumped to dump trucks parked on an owner’s’ property. The spoils are then hauled away, no longer the owner’s problem.

Advantages to the Cove association for such a program is that could eliminate costs associated with owning and maintaining a dredge boat and also would solve the vexing issue of where to store dredge spoil. The Cove’s disposal site on Treasure Island is nearing capacity. Should the association continue its dredging program, it will become necessary to remove stored spoil from Treasurer Island to create new storage capacity, Majerus has said.

Although dredging was planned for this year, and indeed had begun in a canal near Cockle Point, it ground to a halt when the booster dredge pump needed to send spoil through a pipe system to Treasure Island broke.

When another site closer to Treasure Island was selected as an alternative, there, too, a problem arose.

A problem with a bearing in the dredge boat’s primary propeller pump halted dredging at the second site, in the vicinity of Dockside Court and Bayside Drive, ending this year’s dredging program with no dredging taking place. Last year’s program also didn’t happen, as the association struggled to make repairs on its aging dredge boat in time for a program to begin.

The boat did indeed get repaired, with the association’s insurance company paying for it after months of negotiation, but too late for any dredging to occur last year.

If the option to get out of the dredging business is adopted, as is a distinct possibility, then there won’t be any association dredging next year, either, at least in privately-owned canal property.

Majerus spent considerable time discussing options leading up to the alternative that he and alternate director Tim Hearn, based on their comments, seem to favor.

The proposal met resistance from Director Dave Felt, who said assigning responsibility for canal dredging to canal-front owners could be an unacceptable burden placed on them, costing them “tens of thousands of dollars.”

Hearn said that cost estimate was not “remotely” close to what they would actually pay if their canals need dredging, reminding Felt that many of the 270 canal-front owners would pay nothing because their canals don’t need dredging.

Felt said the Board should receive community input on the proposal before voting on the proposal, and the Board agreed to schedule a town hall meeting where all the options

County to begin providing 24-7 medical personnel at Greenbackville firehouse

Fulfillment of a long-term goal of Senior General Manager Colby Phillips

By TOM STAUSS Publisher

In a late-breaking announce-

ment just as the April edition of the Cove Currents was going to press, Senior General Manager Colby Phillips sent an email disclosing the fulfillment of an objective of hers for more than four years: 24 hours per day, seven days a week emergency medical technician staffing at the Greenbackville Fire Department.

Phillips said she had just received notice from Accomack County Department of Public Safety Director Charles Pruitt that his department would be adding additional fire medics at the Greebackville facility beginning on Sunday, April 13.

“With the additional staffing there will be two fire medics [in Greenbackville) 24 hours, 7 days a week,” Pruitt wrote.

“This is awesome news,” Phillips said. “I couldn’t be more pleased that the county has been able to fulfill its promise to Captain’s Cove. This will cut down response time to several minutes from almost 20, when emergency personnel have not been available in Greenbackville.”

For some time now, the Greenbackville firehouse was staffed with emergency personnel on a 24-7 basis a couple of days per month.

At times, the facility had no staffing available, which meant that emergency calls in Captain’s Cove had to be responded to by emergency personnel based in Oak Hall or other fire departments.

The distance added considerably to response time.

The issue has been that the county was unable to staff up even as it was sending recruits for classes on a regular basis. These classes take months, and some recruits don’t make it through the training. In addition, the county regularly loses its personnel to better paying jobs elsewhere in the region.

Without providing any detail in his announcement to Phillips, Pruitt has overcome those constant challenges to staff Greenbackville as Phillips had sought from when she

arrived in Captain’s Cove more than four years ago.

She worked with former Accomack County Supervisor Ron Wolff

on that objective when he was in office, at times seemingly coming close to 24-7 service only to fall short.

More recently it seemed as if the

objective was more elusive than ever.

In lieu of 24-7 service in Greenbackville, Phillips has moved toward having the Property Management Team trained in emergency procedures designed to keep residents who may have suffered a heart attack alive pending arrival of medical personnel.

“This can to be a life-saver in the crucial minutes before professional help arrives,” she said. But clearly having medics only minutes away adds to the quality of emergency service in Captain’s Cove.

Dredging

From Page 50 would be vetted.

Majerus said that he and Director of Roads and Maintenance Jimmy Giddings have researched the cost of a new dredge boat to replace the Cove’s aging vessel. The cost of a new dredge boat is $450,000, five percent less for a used boat.

Another option would be to go third party, no longer needing a dredge boat. Majerus said the association has contacted local contractor Fisher Marine to get cost estimates but had not heard back in time for the meeting.

He said a third party option would allow a choice for either mechanical dredging or hydraulic dredging, which uses high-pressure water jets or suction to loosen and transport sediment from underwater environments.

It’s the method used over the years in the Cove’s dredging program.

An outside contractor might also do mechanical dredging, in which

heavy machinery is used to scoop up and transport the material.

The outside contractor hydraulic option starts at $45 per cubic yard of spoil that is removed, but the vendor contacted for cost information said another $22 per cubic foot is charged to cover mobilization. Majerus said add-on fees raise the actual cost to $76 per cubic yard, and would end up with an expense to canal-front owners of $163,000, which he said translates into a $450 per year waterfront assessment.

Both mechanical and hydraulic dredging need a place to park removed spoil, with Majerus noting that Treasure Island is filling up and would need its accumulated spoils removed to create storage capacity should in-house dredging continue.

Should the association opt for third party, it’s the contractor’s responsibility for removing spoil.

After details options one and two, Majerus launched into a discussion of the third option, which he seemed to favor, of the association abandoning its dredging program. He said

the association would conduct an annual high resolution digital survey of the canals and would provide the results to canal-front owners, who would then be responsible for dredging their portion of the canal to the center line if the survey indicates it’s necessary.

If an owner declines to hire a contractor to do the dredging, Majerus said the association would enforce its maintenance rules as it does for any other violation, which includes fines and hiring a contractor to perform the needed work and billing the homeowner for the cost.

Hearn then introduced another reason to support the proposal of eliminating the dredging program. He said the association receives anywhere from a dozen to 50 complaints a year about the program, some contending that there are cheaper ways to perform dredging than how the association does it now.

Hearn suggested that such complaints would disappear if the association no longer provides the service.

Felt said abandoning the pro-

gram would still result in the issue of where to dispose of spoil, but Majerus said that would be the contractor’s issue to contend with.

Hearn noted that of the 270 canal-front owners, many would not face any dredging costs.

Felt said that the issue could be sent to the association’s waterfront committee for review, then asked whether a “one-off” dredging of the Cockle Point area could be done next year, but neither Majerus nor Hearn seemed particularly receptive to this idea.

No other director asked questions about the proposal or offered an opinion.

In the end, the directors were in agreement that community input was needed before a decision will be made by the Board.

That community input will include a townhall meeting, to be scheduled soon.

Senior General Manager Colby Phillips is also working to form a committee of affected residents to look at the options and recommend one for the Board to consider.

Court rulings favor CCGYC in Troon Golf litigation

Fairfax County court consolidates dueling lawsuits and contracts and cedes jurisdiction to Accomack County Circuit Court

By TOM STAUSS Publisher

There were some positive legal developments in the protracted Troon Golf case in March, with the Fairfax County Circuit Court issuing two rulings that favored Captain’s Cove Golf and Yacht Club, Director Dave Felt announced at the March 25 Board of Directors meeting.

The court was considering motions offered by CCGYC lawyers in the countersuit filed against the association after the association had sued the management company for cash disparities when the

company managed Captain’s Cove for the first six month of the 202223 fiscal year.

The company had failed to produce monthly financial statements during its brief tenure, which prompted the association to terminate the management contract with a Troon subsidiary, returning the association to in-house management.

Felt said one positive development for the association was the decision by the Fairfax County court to cede jurisdiction of the countersuit to Accomack County Circuit Court, effectively merging

what had been two separate cases in two courtrooms into a single proceeding.

In addition, Felt said, two contracts that had been at issue in the case -- one was the management contract with the Troon subsidiary and the other a contract governing Cove amenities -- were effectively merged into one for purposes of consideration in Accomack County Circuit Court.

CCGYC had sued Troon for breaching terms of the management contract and to collect allegedly missing funds while Troon had sued the association

for breaching an amenities agreement.

With those two rulings favoring the association, Felt said he hoped that Troon executives and lawyers would decide to enter into serious settlement talks.

But he really has no particular insight into their thinking at this stage of the litigation.

“I don’t want to overstate it [the possibility of a settlement],” he added.

Association President Mark Majerus said that while he too hoped it would not be necessary to go to court, “it will be an Accomack County judge” who hears the case, “which we think will be helpful” in a successful conclusion to the suit if it goes that far.

The dispute with Troon Golf dates back to 2022, the year that the association filed suit against Troon for breach of contract.

One significant development occurred in a closed session on

Troon litigation

From Page 53

Oct. 10, 2022, when the association Board of Directors reviewed three proposals for a forensic audit of Captain’s Cove finances for the first six months of the 2022 fiscal year, in which the Cove’s former management company, Troon Golf, did not

produce monthly financial reports.

The board emerged briefly after the closed session to announce that the national accounting firm CohnReznick had been hired to conduct the audit of financial results during those six months.

Then association President Tim Hearn had said that up to $1 million was unaccounted for during those

six months, and that he was hopeful a forensic deep dive into financial statements for those six months will produce clarity about those unaccounted for dollars.

He later said that CohnReznick would construct financial statements for those six months, which then can be combined with statements done in-house for April

through September that will provide a complete picture of Cove finances for the year.

During the Members Forum segment of the Oct. 10, 2022, Board of Directors meeting, Hearn said the auditor to be hired would be independent of the Cove association and would have no fiduciary role in Cove financial affairs.

CohnReznick will be paid anywhere from $200 to $600 per hour depending on who’s performing certain tasks, Hearn said.

The fees were included as part of a $75,000 proposed expense item for the Troon litigation in the 2022-23 budget.

Hearn said the auditors would conduct the audit on the premises of Troon Golf offices in Reston, Va.

Documents to be examined include general ledges, bank reconciliations, balance sheets and income statements.

With the understanding that Troon would be fully cooperative during the audit, Hearn said that it wouldn’t be necessary to obtain bank statements directly from the bank used by Troon during the period when it managed Cove finances. It took awhile to complete audit.

At the June 19, 2023, meeting of the Board, Hearn said that the forensic audit was 95 percent complete.

While he said results of the audit weren’t particularly encouraging, cash disparities that Cove officials thought might approach or even exceed $1 million settled in at roughly $660,000, Hearn said.

He said that the audit’s identification of that much “missing” cash is a vindication of sorts, that the Cove association had good reason to terminate its operating agreement with Troon and to launch litigation and an audit of financial records.

Since the completion of the audit, Troon had shown little interest in entering settlement talks, instead pursuing its countersuit in Fairfax County.

There’s been no activity in Accomack County Circuit Court on the case since its filing, as lawyers decided to deal with the countersuit in Fairfax.

Now that the venue has shifted to Accomack County, that’s where the action will be, unless Felt’s hope for settlement talks begin in earnest.

As sometimes happens, settlement talks can occur as a case proceeds in court. Judges have also been known to encourage settlement discussions.

3142 Amidship Dr. • $379,888

Sussex Model Elevation “B” w/2’ side & rear extension offered by Gemcraft Homes, Move-In Ready. One of Gemcraft Homes newest and most popular house plan designs. The Sussex boasts single level living at its best! Featuring 3 bedrooms and 2 full baths, 1917 sq ft., 2 car garage. Home offers an open concept floor plan with an airy great room that adjoins the dining area and kitchen. Features include:granite countertops, 42” cabinets, 9’ Ceilings, SS Appliances & Fireplace. The owner’s suite includes an abundance of space with walk-in closets and private bath.

Dry Dock Ct. • $349,888

Topaz C Model offered by Gemcraft Homes New Construction - Move-in Ready. Two-Story Single Family home featuring 4BR/2.5 BA, 1,911 sq ft., 2 Car garage. Main level offers an expansive open floor plan great room, kitchen and breakfast nook perfect for entertaining. Choice room on first level would make a great office space/reading room. Second level includes a large owners suite with walk-in closet, 3 additional BR’s, hall bath and laundry area.

CCGYC, declarant file response to suit challenging election

Defendants ask Circuit Court to dismiss complaint to be heard April 16

By TOM STAUSS Publisher

Captain’s Cove Golf and Yacht Club and five sitting members of the CCGYC Board of Directors last month filed a response to the legal filing of three candidates in the 2024 Board election who are challenging the announced victory of candidates Michael Glick, James Silfee, Roger Holland, Tim Hearn and John Costello. They all have been serving since the announcement of election results at the annual meeting of the association this past November.

The plaintiffs are Virginia Weslowski, Catherine Malstrom and Patricia Borrelli, who are seeking a review by Accomack County Circuit Court of the election. The review is scheduled to be heard April 16.

The defendants filed a demurrer defense, which essentially is an argument to dismiss the case in its entirety, with prejudice, contending that even if the facts in the complaint are true, there’s no legal basis for the claim.

In their response, the defendants acknowledge that Virginia Code § 13 .1-861 permits a court to hear and decide issues related to a contested election in order “to determine the persons elected or order a new election or grant such other relief as may be equitable.”

During its review of the issues, a court “may require the production of any information and may by order restrain any person from exercising the powers of a director if such relief is equitable,” the defendants response says. “In addition to clarifying the results of the Association’s 2024 election, the plaintiffs request injunctions on conduct in future elections and ask to be given the power of ‘independent oversight’, which is not granted to it by the Association’s governing documents,” according to CCGYC lawyers. “This relief is not proper.”

In addition to seeking relief that is not authorized by Va. Code § 13 .1-861, plaintiffs’ “complaint is riddled with deficiencies warranting dismissal,” the defendants assert. “For example, the Plaintiffs lack standing to assert violations of the

2012 Settlement Agreement, the Plaintiffs have asserted moot causes of action, the Plaintiffs have improperly named the Directors, and the Plaintiffs have presented meritless arguments on contract interpretation.

“Moreover, the Plaintiffs claims are barred by the doctrines of res judicata and/or claim splitting and the statute of limitations. Accordingly, the demurrer and plea in bar should be sustained and the Complaint dismissed with prejudice.”

Res judicata,” Latin for “a matter judged,” is a legal doctrine that prevents re-litigating a claim that has already been decided on the merits in a prior lawsuit between the same parties.

Claim splitting is dividing a claim and filing two lawsuits instead of one.

A “plea in bar” is a defense that seeks to completely and permanently defeat plaintiffs’ case, either by denying the facts or alleging a reason why the case should not proceed.

The defendants acknowledge relevant facts, citing the Nov. 9 announcement of election results in which five open positions on the association’s Board of Directors occurred. The Cove’s declarant/developer, CCG Note, exercised its 3-1 voting rights, giving them 3,603 votes claimed by the plaintiffs. CCG Note put all its votes toward the five individual defendants announced as winners in the election.

Of the current association Board members, the defendants acknowledge that Glick, Silfee, and Holland are alleged to be members of CCG Note.

The defendants then itemize four separate grounds for dismissal of the case.

The first contention is that the plaintiffs “have not alleged a cause of action upon which relief can be granted.”

According to the defendants, “the complaint raises two categories of ‘issues’ that are before the Court. The first relates to alleged violations of the 2012 settlement agreement. But the Plaintiffs are not parties to the 2012 Settlement Agreement [and]therefore lack standing to

bring any cause of action based on a violation of the terms therein.”

The second category of issues relates to what “plaintiffs deem a lack of independent oversight because the association’s staff gave members conflicting information and plaintiffs were initially denied access to the association’s member list for voting purposes.”

The defendants contend that “nowhere in the complaint are there any allegations which call into question the results of the election based upon either of these actions. Moreover, the Plaintiffs admit that they were [later]provided access to the member list, which moots any potential claim for a violation of the Virginia code.”

Accordingly, the demurrer should be sustained and the complaint dismissed in its entirety, the defendants argue.

The second significant argument of the defendants is that the five directors cited in the complaints are not proper parties to be named in the case.

“Plaintiffs have failed to set forth allegations upon which any claim for relief could be granted as a matter of law against the Directors. The complaint solely alleges conduct by the Association and CCG Note, without any reference to actions by the directors,” the response says.

“For example, plaintiffs allege violations of the 2012 Settlement Agreement, but do not allege how the five directors engaged in any action to cause such violations. Plaintiffs also challenge the actions of the Association regarding its election policies and procedures, specifically the alleged lack of independent oversight,” the response continues.

“However, the allegations do not suggest that the Directors were involved in any of the conduct attributed to the Association. Simply being a contested member of the board does not subject an individual to liability and give cause to name them in the complaint. Moreover, nothing within the request for relief would require the directors be before this Court for such relief to be granted.”

The defendants conclude that the five directors “should not be parties

to this suit, and the Court should grant the demurrer and dismiss the directors [as defendants]] with prejudice.”

The third significant argument in the response is that the plaintiffs failed to adequately address language in the 2012 settlement agreement.

“Assuming plaintiffs have standing to assert a cause of action under the agreement (they do not), the alleged violations are nonetheless inadequately plead. Plaintiffs alleged that the 2012 Settlement Agreement was violated by more than three CCG Note controlled or affiliated candidates being elected to the Board of Directors and by CCG Note exercising a 3-1 voting rights.

“The terms of the agreement are unambiguous and should be given their plain and ordinary meaning. When a contract’s terms are clear and unambiguous, courts will not consider extrinsic evidence to modify or interpret them. And, because the agreement is part of the complaint, the Court must ignore plaintiffs’ legal conclusions and factual assertions which are contradicted by the plain and unambiguous language of the agreement,” the defendants assert.

The response quotes paragraph 10 of the agreement in full, the relevant portion saying that “so long as the Association is not in default of this Agreement and so long as the Association is not operating at a deficit at the end of its fiscal year as reflected in its annual audit, the three to one voting rights will not be exercised.”

The defendants argue that the court must read the language at issue as a whole. “Because the Plaintiffs have acknowledged that only three CCG Note Members are currently serving on the Association Board of Directors, there is no violation of the agreement.”

The defendants then ask the court to decide what may be the crux of this legal action, where any director who receive support or votes from CCG Note is a controlled or affiliated board member. The plaintiffs’ filing argues in the affirmative; the defendants suggest otherwise.

The plaintiffs present “an overly broad reading of the definition. Simply voting for a candidate does not equate to control. Rather, the definition of ‘control’ which the Plaintiffs seek to impose requires a power to direct. CCG Note has no power to

Board delays vote on short-term rental rules

By TOM STAUSS Publisher

It seemed as though the Board of Directors were preparing during the March 24 meeting to vote for a revised set of rules governing short-term rentals in Captain’s Cove. Instead, the directors voted to table the proposed changes to give Director Dave Felt time to review them and reconcile what he said he might be some conflicts in the text. He apologized to his colleagues

Cove election

From Page 56

direct persons who are not subject to it. In other words, CCG Note may have the power to direct its own members, but it has no authority over persons who are not members of CCG Note or who are not otherwise contractually bound to CCG Note,” according to the defendants.

Since the plaintiffs admit only three directors are also members of CCG Note, “there has been no violation of the three member provision,” the defendants argue.

They then proceed to contend that even if CCG Note had not exercised its 3-1 voting power, the election results would have been the same.

The voting results, as alleged by plaintiffs in Paragraph 7 of the complaint. “reveal that the candidate slate including the three plaintiffs “all received less than 1201 votes,” reflecting the number of lats owned by CCG Note.

“Because the votes cast by CCG Note at a 1-1 ratio would still result in their slate winning, any argument that CCG Note improperly used its 3-1 voting power would have no impact on the outcome and is accordingly moot,” the defendants contend.

The fourth and final significant argument by the defendants is the plaintiffs request for relief is improper, particularly the request for an court injunction banning a candidate affiliated with CCG Note from running for the Board if there are already three CCG Note members on the Board.

“This is not proper. The Court may not grant an injunction for actions that are not ongoing, especial-

Director Dave Felt asks for more time to review ‘final’ draft that may be amended before approval as a consent agenda item

for not being ready to discuss possible changes in what had been billed as the “final” version of the revised rules, telling them that he had just become aware of them.

He proposed a motion to table consideration of the draft to allow him to identify possible conflicts and to offer new language that he said could be voted on as a consent agenda item via email prior to the next Board meeting in May.

Alternate Director Tim Hearn

ly absent any evidence that the occurrence will happen in the future. ... injunctive relief must contain allegations from which a future violation could be apprehended with reasonable probability.

“Therefore, it is improper for Plaintiffs to request the aforementioned relief, given that the relief requested places unjustifiable constraints on speculative future actions,” according to the defendants.

They go on to argue that the request for injunctive relief affecting future elections is impermissibly vague, as it relates to plaintiffs’ request for future independent oversight of association Board elections.

The defendants contend that such a request is “insufficiently defined and [does not provide clear, actionable terms that the Association could reasonably follow to comply with the terms of the injunction. Therefore, the Court should refrain from granting such relief.”

The defendants conclude their argument by adopting grounds in their demurrer arguments in their grounds for a plea in bar, or a request for a complete dismissal of the plaintiff’s case.

“The Defendants respectfully pray that this Honorable Court enter an order sustaining the demurrers and pleas in bar, dismissing the Complaint with prejudice, and for such other and further relief as the Court deems just and proper,” language that could support a request for legal fees from the plaintiffs should the defendants prevail in court.

Filing the response for the defendants were lawyers Alllison C. Duffy and Emily L. Hurley from O’Hagan Meyer law firm of Alexandria, Va.

suggested that the latest version of rules was the result of numerous work group meetings beginning more than a year ago and that the entire process had been transparent. He noted that only 38 homes in Captain’s Cove have self-identified as short-term rentals, having filled out a form and paying a $50 registration fee to the association.

He said a lot of work and time had gone into a project affecting a relatively small number of homes.

The motion to table passed 5-2, with directors Mark Majerus and Pat Pelino in opposition.

The revised rules do not substantially change the rules already in place governing short-term rentals.

They include an enforcement process, in which a first violation will result in a verbal warning by the Property Management Team. For a second violation, written notice of the violation will be provided to

the transient guest, with a copy sent to the member or authorized representative responsible managing the property. For a third violation, the alleged violator will be banned from all association property, including roads, amenities, and all common areas. Law enforcement may be contacted to enforce the trespass order if necessary.

Repeat violations issued to the same short-term rental property over the course of the registration period could result in the removal of the property from the program and fines as allowed by association by-laws, rules and Declaration.

The revisions require registration of the home in the program with the homeowner or representative filling out a form for the calendar year. The member must supply a copy of a county business license.

The maximum occupancy allowed is two persons per bedrooms.

Lot sale program off to strong start

Realtor Rob Smith of Monument Sotheby’s to unveil interactive Website promoting association-owned properties that are available for purchase

General Manager Justin Wilder provided an upbeat assessment of the recently approved lot sale program awarded to local Realtor Rob Smith of Monument Sotheby’s, announcing during the Board of Directors March 24 meeting that five lots have already

been sold in the program.

That’s much sooner than had been anticipated, Wilder said, adding that the number of sales exceeded the number sold in the three months prior to the program launch.

Wilder said that Smith would be launching an interactive Website

showing the location of available lots and their features within a week or so of the March 24 meeting which means that it might have already gone active before this edition of the Cove Currents went to press.

Wilder also promoted the association’s lot give-away program, in

which owners of property who no longer want to be owners list their property as available for donation to a willing party.

He said that in the last week or so he had received four emails from property owners in Sections one through 14 who wanted to dispose of their lots. All four had paid up annual dues, he said.

Security activity

Director of Security John Fox reported on his department’s activities since the previous month’s report.

He said there been 19 new violations of community rules, with 17 corrected before additional action was needed,

Another 18 violations from previous months were scheduled for a Property Management Team hearing, with all but two resolved before the March 25 hearing. Of those, 16 were related to unauthorized shortterm rentals, with the other two general in nature, Fox said.

Legal report

Cove association President Mark Majerus briefly summarized legal issues that the association is currently dealing with.

The consolidated Birckhead Reece/Leslie law suits have been appealed, with a hearing before the Court of Appeals likely in the 18 months or so, he said. If the plaintiffs file for an appeal bond, it could delay attempts by the association to collect the $151,000 in legal fees assessed by a local judge against the plaintiffs until after the Court of Appeals rules.

The challenge to the 2024 Board of Directors election by three candidates who were not announced as winners at the November annual meeting will be heard in Accomack County Circuit Court on April 16.

The association’s legal action against Brian Ward for a height exception violation should be settled out-of-court.

Member forum

Three association members spoke for their alloted three minutes in the member forum segment of the March 24 Board.

Cove association ahead of budget by almost $1 million through February

Monthly financials show a modest negative variance to budget of $14,000; Majerus points to shortfalls in Marina Club guest visits and an increase in those who haven’t paid their annual dues

By TOM STAUSS Publisher

After racking up a substantial positive variance to budget in January, Captain’s Cove Golf and Yacht Club financial results for the month of February came back down to earth, but year-to-date the Cove is still producing net income relative to budget that is approaching a million dollars to the good.

For the year so far, a financial report released in time for the March 24 Board of Directors meeting and posted on the association Website showed net income of $915,309, compared to the budgeted $210,929, for a positive variance of $704,380.

That result reflects total income through February of $3.08 million and total expenses of $2.103 million. For the month, the association recorded net income of $189,022, on income of $607,314 and expenses of $418,293.

That compared to the budgeted $202,711, or a modest negative variance to budget of $13,689.

A quick perusal of the income statement contains evidence of line items that match the budgeted amount almost to the dollar, suggesting very accurate budgeting by the Property Management Team.

In February, the bad debt expense was not particularly noteworthy, unlike in January, when there was a negative bad debt expense of $844,362, the result of a one-off lot foreclosure activity, according to Cove association President Mark Majerus. It was unrelated to the issue of some property owners declining to pay their annual lot dues.

Nothing like that happened in February, with bad debt expense coming in close to budget. The actual number was a negative number of $4,683, compared to the budgeted negative $8,075.

The year-to-date bad debt expense is more out of alignment with what’s been budgeted to date, but it’s probably just a matter of timing under accrual accounting. The variance to budget for bad debt through February is $718,629, reflecting actual expense of a negative $159,014 and the budgeted $559,625. It could easily come in close to budget at year’s end. Bad debt for the year is budgeted at $1.258 million.

It perhaps remains the association’s most difficult financial challenge, outside the ability of the PMT to control, although aggressive collection efforts can mitigate the effects.

During the March 24 Board meeting, Controller Sara Shifflett provided details on the posted financial report, much of it positive.

Association President Mark Majerus pointed out some worrisome trends, including the number of guests at the Marina Club down about 30 percent and the number of delinquent property exceeding the number budgeted.

If the trend holds with the April billing, the association could be facing a revenue shortfall of about $150,000 in that line item for the year, he said, adding that if that happens he would suggest that the Property Management Team make budget cuts or fund-raise for additional revenue.

Shifflett said that February income was up four percent in February, mostly resulting from lot sales coming in higher than budgeted.

Expenses were about 11 percent over budget, resulting from preventative maintenance costs higher than expected, golf course chemical invoices coming in earlier than expected, and professional fees including auditor fees arriving in the same month.

The association’s cash on hand balance has improved year-over-year, she said. It was $718,145 in February of last year and $908,607 now, a $190,000 improvement.

As for the 30 percent reduction in the number of guests at the Marina Club, Majerus wondered whether there might be a member boycott in play, a scenario that Director Dave Felt later in the meeting said he didn’t think was happening. He suggested that the shortfall could be reflecting a more competitive environment, with more restaurants in Chincoteague open year round.

Majerus suggested that the use of the building might need to be revamped. The shortfall will need to be addressed both in the current fiscal year and the 2025-26 budget, he said.

He then went into detail about the vexing bad debt/accounts receivable issue. He said the current year’s budget had been built around 531 lots in the Cove whose owners were not paying annual dues. But for the October billing, “we had a much larger number” of non-payers, in the range of 200 more than budgeted, which has since decreased to about 80 lots, he said. That has re-

Captain’s Cove Golf and Yacht Club - February 2025 financial results

Member forum

From Page 61

Larry Berger objected to some meeting minutes that he said inaccurately reflected a Board vote on a land swap. He said the actual vote was four abstentions and three ayes, which is less than a majority and therefore the motion to approve the swap should have failed. He suggested an immediate vote to fix the inaccuracy, but no Board action followed his suggestion. No director responded to Berger,

as is customary during the member forum.

Frequent Board critic Tom Barton said that the message sent to members during Board meetings is confusing, and that when voices aren’t heard, trust in the Board erodes. He cited the March edition of the Cove Currents, which included a headline that said Senior General Manager Colby Phillips had sparred with Barton at a meeting over the merits of rebuilding the Town Center building. Phillips favors it; Barton opposes it. He said the article

reflected a put-down of his opinion on a issue in which there is no definitive right or wrong.

He then offered a tutorial on headline writing, suggesting one in which Director John Costello says there’s no way to get an exact number of homes that are occupied yearround in Captain’s Cove.

Antoinette Majerus offered a defense of the Property Management Team’s handling of the short-term rental issue, in which a task force of PMT members and association members met for more than a year

revising rules governing the program. She said that local Realtor and former association General Manager Lance Stitcher in a recent Facebook post had been critical of the PMT involvement in the process, alleging that its PMT members “clearly don’t know how to develop and enforce” rules.

She was a task force member that recently completed its task of revising the rules. She said for the 42 homes in the Cove that have been identified as available for a shortterm rental, the PMT went “above and beyond” to draft a new set of rules, attending all the meetings in which the issue was discussed. She added that Stitcher had not attended all the task force meetings.

ECC member appointed

Majerus announced the appointment of Harry Dudlek to fill the vacancy on the Environmental Control Committee.

Dudlek is a master electrician with more than 30 years of employment by the University of Delaware, with experience in building code enforcement. He also has served on committees similar in function to the ECC.

February finances

From Page 61

sulted in a $75,000 shortfall, which could increase to $150,000 if the April billing yields similar results, Majerus said.

He mentioned cutting pool hours, cutting back on live entertainment at the Marina Club, or revisiting usage policies at the Marina Club as possible ways to trim expenses.

“Most expenses aren’t discretionary,” he said, citing legal fees associated with countering lawsuits, audit fees, and ongoing legal expenses associated with the Troon case.

After Director Dave Felt mentioned that the lot sale program could produce revenue faster than originally anticipated, Majerus said that the budget already assumes significant lot sales.

Alternate Director Tim Hearn, citing the many “moving parts” in association finances, said that pending foreclosure sales could produce revenue offsetting deficits elsewhere. Since 20 or so properties on the foreclosure list of 60 properties usually result in non-payers settling past due accounts to avoid a foreclosure sale, Hearn said an aggressive schedule of foreclosures could yield unbudgeted revenues.

COVE CHRONICLES

Cove comes alive with the warmth of spring

By JULIA KNOPF Contributing Writer

Spring in Captain’s Cove is truly a magical season, filled with vibrant activities and community spirit following the long, snowy winter. As the days grow warmer and flowers bloom, springtime excitement comes alive, and there’s no shortage of events and opportunities to enjoy the great outdoors.

One of the season’s highlights is the annual Easter Pool Egg Dive, this year held on April 5. Though this activity occurs indoors, families jumped into springtime fun! Families gathered at the Marina Club indoor pool for a fun-filled event where kids dive in to collect eggs.

The pool was sectioned off so the younger bunnies could stay in the shallow, collecting floating eggs, while our more experienced swimmers dove deep. It was a fantastic way to kick off the Easter festivities and welcome the arrival of spring.

Following the excitement of the Egg Dive, residents marked their calendars for the Easter Eggstravaganza Event on April 12 from noon to 2 p.m.

This beloved community gathering features egg hunts, games, bounce houses, and various other activities that provide a fun-filled day for children and families. It’s a perfect opportunity for neighbors to unite and celebrate community and family.

In addition to these special events, Captain’s Cove hosts Stride and Ride Days on the second and fourth Wednesdays of the month. These days, the golf course closes early, approximately two hours before sunset, allowing members to walk or ride their bikes on the scenic path that meanders around the course.

It’s an excellent chance to embrace the fresh air, enjoy nature, and connect with fellow residents while getting active.

On April 26, there’s even more to look forward to with two exciting events!

A beginner’s Pickleball Clinic, hosted by Vicky Keefer in honor of National Pickleball Month, begins at 9 a.m. and invites newcomers to learn the basics and join in the fun. To register, sign up at the Marina Reception desk.

The clinic costs $5 and will in-

clude two pickleballs to take home.

Simultaneously, Janette Crum will lead a Spring Body Bootcamp at the Cove Commons from 9-10:30 a.m.

This event will help participants kickstart their fitness goals as the season changes. No registration is required for the free bootcamp.

The youngest members of Captain’s Cove can already be seen enjoying the new playground. The structure was installed late in the fall, and the warmer days see more children experiencing the joy of new equipment.

An official ribbon cutting will be held on June 7, but the kids are not waiting to swing in for some outdoor fun.

As spring unfolds in Captain’s Cove, the community comes alive with laughter, activity, and a renewed sense of connection.

Every member is invited to find ways to celebrate this vibrant season, from the joy of children playing outside to adults participating in engaging fitness events. Embrace the warmth, gather with friends, and join in the festivities that make spring in Captain’s Cove so special!

Julia Knopf is Captain’s Cove Golf and Yacht Club’s community relations director.

Scenes from lsst year’s egg dive and Eggstravaganza, two events that bring Captain’s Cove families together.