December 2024 Ocean Pines Progress

Board votes 6-0-1 to join litigation to stop wind farm

With one member abstaining, the Board of Directors voted during its Nov. 23 monthly meeting for the Ocean Pines Association to join in litigation aimed at preventing a windfarm from being constructed

by U.S. Wind off the coast of Ocean City.

Director Steve Jacobs was the sole Board member not to actively support the OPA’s involvement in efforts to stop the massive wind farm project.

~ Page 5

Police chief names potential cell phone tower cotractor

Milestone Communications of Reston, Va. is the contractor the Ocean Pines Association may partner with to bring a cell communications tower to the community.

Police Chief Tim Robinson, during the Nov. 23 Board of Directors monthly meeting, divulged the identity of the potential cell phone tower contractor and offered details on how the partnership could be a financial benefit to the OPA.

~ Page 12

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Ocean Pines ............... Pages 1-33 OPA Finances ............ Page 34-35 Opinion ...................... Page 36-37 Lifestyles ..................... Page 38-40 Captain’s Cove ........ Pages 42-55

December 2024

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COVER STORY

Signs point to Sodel as working group’s preferred food and beverage vendor Board authorizes Viola to begin contract negotiations

By TOM STAUSS Publisher he Board of Directors in a special meeting Nov. 25 authorized General Manager John Viola to begin negotiations for a new five-year food and beverage contract, without announcing the contractor with whom negotiations are to take place. Nonetheless, there are indications that Sodel Concepts of Rehoboth Beach, De., is the vendor with whom negotiations will take place.

The lack of a public announcement or confirmation is consistent with Viola’s handling of the controlled process that will lead to a new contract to manage the Ocean Pines Association’s three food and beverage venues, the Yacht Club, the Clubhouse Grille and Ocean

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Pines Beach Club in Ocean City. The new contract will begin at the start of the 2025-26 fiscal year on May 1 of next year.

As exclusively reported by the Progress in its November, 2024, edition, the three area food and beverage contractors who submitted proposals in response to a request for proposals were the current contractor, the Matt Ortt Companies; Sodel Concepts, John Viola owners or lessee operators of more than 35 restaurants in Ocean City and in Sussex County beach communities from Fenwick Island to Lewes, De., as well as a beachTo Page 3

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COVER STORY Food and beverage

From Page 1 front wedding venue in Rehoboth Beach; and Touch of Italy, with restaurants in Ocean City at 66th Street and in Lewes.

A source who has always been reliable in the past with inside information said he was in contact with an individual who attended a threehour-plus Nov. 21 special meeting of the Board in which Viola presented detailed information about the competing bids.

The source said it was clear to the directors that the vendor preferred by Viola and the management team is Sodel and that after hearing details of each of the proposals, the directors agreed that the Sodel proposal was stronger and of greater financial benefit to Ocean Pines than the other two.

The Progress has been unable to find any other credible source willing to confirm the source’s assertion that it’s “100 percent certain” that Sodel is the company with whom Viola, presumably with the direct involvement of legal counsel Bruce Bright and perhaps a colleague in his Ocean City law office, Mark Cropper, will negotiate a contract.

The source said it’s his understanding that Viola and the Board fear that public disclosure of Sodel as the preferred vendor will trigger opposition in the community among supporters of MOC before a contract with Sodel can be negotiated.

u

The source said that Viola and the Board believe that Facebook influencer Kelly Miller, who operates a site called Oversight of the Ocean Pines Residents Oversight Community, and the Get Involved Facebook site managed by Esther Diller, who is married to OPA President Stuart Lakernick, will lead a disruptive public campaign in support of keeping MOC as Ocean Pines’ food and beverage vendor.

Miller, whose site has some 300 followers but is open access, has already posted comments to the effect that MOC is about to be “f.......ed” by the OPA. The Get Involved site with more than 2,000 followers has made no similar comments about the pending contract negotiations, perhaps an indication that this site will wait to see how negotiations unfold and for details of a new contract to emerge before deciding whether to mount a campaign in favor of keeping MOC. The Progress has also learned that assuming that a contract with a new vendor is completed, the intention of OPA management is to host a townhall meeting in which details of a new contract will be disclosed and the successful bidder will be invited in to promote its vision for managing food and beverage venues in Ocean Pines.

It’s not clear whether this townhall will be conducted before or after a contract is signed by OPA officials. But that it’s in the planning stages tends to corroborate the Progress’ source’s contention that Sodel is the preferred vendor, as MOC’s

December 2024 Ocean Pines PROGRESS 3 vision for operating the three venues is established and probably wouldn’t need a townhall to be defined.

Some sources say that the working group that helped Viola vet the three proposals believe that all three vendors could do the job of managing the OPA’s three food and food beverage venues.

But the group coalesced in strong support of one proposal in particular, and that vendor is the one with whom Viola, assisted by OPA general counsel Bruce Bright, will begin contract negotiations.

During the Nov. 25 special meeting, Lakernick confirmed three bidders, without naming them, and said two others were interested but decided not to submit proposals.

He detailed the criteria used by Viola and his team to vet the proposals and settle on a recommended vendor.

These criteria included a judgment on how “extensive” the proposal was; the capabilities of the vendor operationally, taking into account staffing, management and an HR (human resources) component; projected profit and losses including the financial return to the OPA; and the vendor’s “vision” for operating Ocean Pines food and beverage venues.

Lakernick asserted that the Board “does not know the identity of the preferred vendor,” and said that management and the Board believe that the “best interests” of Ocean Pines are served by maintaining confidentiality during the contract u

COVER STORY

4 Ocean Pines PROGRESS December 2024 Food and beverage

From Page 3 negotiation process.

He did not offer an explanation for that belief.

The other six directors in statements during the Nov. 25 special meeting did not repeat Lakernick’s statement that they are unaware of the identity of the vendor preferred by Viola and his working group. But neither did they contradict his rationale in not identifying the chosen vendor.

All the directors praised the thoroughness and what they regarded as the fairness of the vetting process.

Director Rick Farr said he was focused on the future financial return to Ocean Pines in his assessment of the competing proposals.

Jeff Heavner said that Viola was “crystal clear” as to which proposal he preferred.

Monica Rakowski said that “someone was brought in beyond our means” to help with the bid opening and vetting.

The Progress has learned that the assistance was provided by Mark Cropper, a colleague of Bright’s in his Ocean City law firm.

Director Steve Jacobs said that not publicly identifying the preferred vendor was consistent with keeping the vetting process neutral.

At the special, closed meeting of the Board on Nov. 21, the Board for more than three hours heard Viola make his presentation on three unnamed proposals, labeled A, B and C, definitely making it clear that he and his team preferred one of them.

Joining Viola during the meeting and perhaps lending some heft to his apparent preference for one of the proposals were Bright, Controller/Director of Finance Steve Phillips, Director of Business Operations Linda Martin, and Director of Marketing and Public Relations Josh Davis. Another working group member, Public Works Director Eddie Wells, was on vacation and did not attend the briefing.

The source who said he had been in contact with someone who attended the meeting said it was evident that the Viola and his working group regarded Sodel’s proposal as “very powerful.”

The source said the directors were impressed with the thoroughness of the vetting process and

by Viola’s presentation, agreeing that he was recommending a proposal that he and his team believe is in the best interest of Ocean Pines.

Another source told the Progress that Viola was given an ovation by the directors when his presentation concluded.

The Board apparently was not ready to make a decision to authorize contract negotiations to begin with the preferred vendor at its Nov. 23 monthly meeting, and earlier in the week Davis had sent out a press release announcing the Nov. 25 special meeting, with one agenda item - a motion by Lakernick to authorize the general manager to begin negotiation of a food and beverage contract.

It passed 7-0. There was no discussion about when negotiations would begin.

Matt Ortt, the managing partner in the company that bears his name, did not return a call to

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the Progress, but a friend close to him said that after the Nov. 25 meeting, he had not been contacted by Viola notifying him whether he was the preferred vendor or if another vendor had been selected for contract negotiations.

It seems likely that Viola wanted to avoid making phone calls to the three vendors during a holiday week.

One source cautioned the Progress to be aware that authorizing contract negotiations to begin does not necessarily mean that they will be concluded in a way that is satisfactory to both parties.

It’s always possible that some unforeseen snag will derail a successful conclusion, the source said.

No information has leaked about the content of the three bids. To that extent, the veil of confidentiality that has hung over the vetting process has remained in place.

Regarding the MOC proposal, one source has said that it’s possible that MOC’s proposal is essentially a duplication of the current contract, in which MOC receives a $200,000 annual management fee, five percent of the revenues generated by weddings it books, two percent of revenues generated by events originating from within the OPA, and additional bonuses for exceeding budget targets.

Viola reportedly believes the MOC contract skews more to the benefit of MOC than the OPA. In the last fiscal year, bonus fees earned by MOC is said to have exceeded $300,000. u

OCEAN PINES Food and beverage From Page 4 It’s too soon to know what the bonus will be for the current fiscal year, 2024-25, that ends on April 30 of next year.

While the request for proposals sent out in September gave bidders the option of submitting bids in whatever format they preferred, the RFP offered one specific format that differed substantially from the current arrangement with MOC. This format was a more traditional restaurant lease arrangement, in which a management company pays rent to the landlord, in this case the OPA, and also pays a percentage of revenues to the landlord.

In language that has been attributed to Bright, the RFP also suggested that a proposal could be a hybrid of the current arrangement and the more traditional lease format.

The Progress has learned that the traditional lease and percentage of revenues arrangement is not unfamiliar to Sodel, which leases numerous restaurants in the area from the buildings’ owners.

One such lease arrangement is with Macky’s Bayside, an iconic Ocean City bayfront landmark.

December 2024 Ocean Pines PROGRESS 5

Board votes 6-0-1 to join litigation to stop wind farm

Project 11 miles off Ocean City’s beachfront unites opponents

By ROTA L. KNOTT Contributing Writer ith one member abstaining, the Board of Directors voted during its Nov. 23 monthly meeting for the Ocean Pines Association to join in litigation aimed at preventing a windfarm from being constructed by U.S. Wind off the coast of Ocean City. Director Steve Jacobs was the sole Board member not to actively support the OPA’s involvement in efforts to stop the massive wind farm project. Director Rick Farr offered the motion to join the litigation, and five fellow directors supported it.

The U.S. Wind Project would contain 114 offshore wind turbines to be sited just 10.7 miles off the coast of Ocean City, and Fenwick Island. These turbines would be visible from shore and lit at night.

Farr said Ocean Pines is joining in the litigation

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to protect the Ocean Pines Beach Club. “We have an incredible piece of property in Ocean City and that’s the Beach Club that overlooks an incredible view of the Atlantic Ocean. This would have a definite adverse effect on our view that we have currently when we are enjoying the Beach Club and enjoying the beach,” he said.

Farr said as an owner of ocean Rick Farr front property at the Beach Club, and more generally as the home of a large population base in Worcester County, OPA has a direct and material interest in this case and the issues presented u

6 Ocean Pines PROGRESS December 2024 Wind farm

From Page 5 in the case.

“The offshore wind project will adversely affect local economic conditions, local and regional environmental conditions and aquatic species, and the important Atlantic Ocean view shed. As the lawsuit alleges, all of these resulting effects have not been adequately considered by the federal agencies who have approved on a fast track this enormous offshore project, calling for the installation of 114 turbines each one extending 900 feet from the surface of the ocean. Direct participation by OPA as a named co-plaintiff in the case will reflect OPA’s strong interest and standing in the matter, and its allied position with all of the other named plaintiffs.”

Farr invited Ocean City Mayor Rick Meehan to speak to the Board, and OPA President Stuart Lakernick suspended meeting rules to allow audience members to ask questions.

Meehan said he believes the project will have a negative impact on property values in the resort town. “And our economy in this entire area and that’s something that we all need to be concerned about,” he said.

He referenced a recent turbine failure in Massachusetts where a blade broke off from the structure. He said the same type of turbines are proposed for off the coast of Ocean City. At 938 feet tall, they will be 3.5 times the height of tallest building in Ocean City and if they were built on land would be the tallest structures in the state of Maryland, he said.

“The last thing we want to do is file suit against the federal government but like I said, if we don’t stand up for ourselves nobody else is going to,” Meehan said.

Director Jeff Heavner called the proposed project a “a misinformed and untested” rush to offshore wind energy. He said there are better ways to meet green energy goals. He said the wind turbines are untested in such a harsh environment, and they contain hundreds of gallons of hydraulic oil, gear oil and the blades could shake free like they did in the Massachusetts incident.

“It’s a really harsh environment and there are going to be failures. And it is going to impact the beach. He noted there will be “a tremendous

OCEAN PINES amount of vibration: created by the turbines. That will disrupt the marine environment,” he said.

He displayed a photo illustrates what the wind turbines will look like if situated 11 miles offshore. He called the view “industrial” and said it is going to have an impact on tourism and the economy because people do not want turbines in their view from the beach.

Director John Latham called the proposal to build the offshore wind project “obscene.” He also cited the impact on the OPA’s Beach Club, but said there will be a tremendous impact on the fisheries. He said he fishes both inshore and offshore and knows fisherman at the docks. “I know there’s people that know how they make their living and it will decimate their business.”

Meehan said there is a proposal by U.S. Wind before the Board of Public Works in Annapolis to approve changes to the West Ocean City Harbor.

The proposal calls for construction of a pier and removal of buildings along the harbor that are used by commercial fishermen. He said those are the only buildings in the West Ocean City Harbor where commercial fishermen can offload their catch.

“It will eliminate the commercial fishing industry in Worcester County and that’s a fact,” he said. “They’re trying to offer compensation to our fishermen in lieu of allowing them to continue with their jobs.”

Director Elaine Brady said she was appalled by the misinformation being distributed about the project. “They’re going to destroy our coast.

They’re going to destroy our marine life, our fishing. Environmentally it is a horrible project in addition to the fact that financially it’s not even viable.”

OPA President Stuart Lakernick asked what the arguments are in favor of the offshore wind project.

Meehan said it’s simply that a lot of money has been invested n the project so far and “they want to make a lot of money.”

Lakernick responded that with the detrimental effect on the economy, environment and ocean, “how can you make an argument on the other side?”

Meehan said those comments and concerns have been ignored.

“Mr. President, you opened this meeting by

saying we live in a special place, and I think each and every one of us here believes we live in a special place. And what’s being proposed without being thoroughly vetted and going through the proper process, threatens this very special place,” Meehan told Lakernick.

Meehan said he has been actively working to oppose the offshore wind project for about 8 years, and since initial renderings of this project were presented by the Public Service Commission, the wind turbines proposed have doubled in size.

“At that time, I objected and asked them to reconsider and to take a better look at this project not just from a visual standpoint but how it affects this entire area. That was eight years ago.

Since that time, I made that same request more times than I can even imagine and each time it’s been ignored,” he said.

Farr asked if there are any federal representatives who are advocates for the entities that have filed litigation in the matter. “Do we have any friends, if you will, on that level?” Meehan said Congressman Andy Harris recognizes the problems the proposed offshore wind farm project presents for Ocean City and its partners.

Meehan said the project has been fast tracked by the state and federal agencies. He said if the Eastern Shore doesn’t stand up for itself, no else is going to. “We’ve been promised a voice but so far all they do is watch our lips move they don’t actually hear what’s being said and I think it’s extremely important for this area.”

The OPA Board ultimately approved the motion to participate as “a named co-Plaintiff in the lawsuit already filed by the Town of Ocean City and others in federal court (in the United States District Court for the District of Maryland) challenging as unlawful the federal government’s issuance of permits and approvals authorizing the construction of the Maryland Offshore Wind Project by energy developer U.S. Wind, Inc., with the condition that OPA, Inc.’s participation in the litigation will not generate any litigation fees or costs for OPA, Inc.” The U.S. Wind Project was approved in a joint decision issued by the Department of the Interior’s Bureau of Ocean Energy Management and U.S. Commerce Department’s National Marine Fisheries Service.

To Page 8

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8 Ocean Pines PROGRESS December 2024

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OCEAN PINES

Senator Carozza opposes Board of Public Works approval of WOC pier and bulkhead structure

Jacobs abstains in windfarm vote

cean Pines Association director Steve Jacobs parted company with his colleagues on the Board of Directors and abstained in the Nov. 23 vote that authorized the OPA to join in pending litigation opposing the proposed windfarm off the coast of Ocean City.

Jacobs told the Progress he closely followed the comments of his colleagues and that of Ocean City Mayor Rick Meahan that at times vociferously criticized the proposal and at times was impressed by the arguments they made. While he didn’t explain his abstentions during the Board meeting, he later told the Progress that going into the meeting he wasn’t sure that windmills 11 miles off the beach would mar the view or reduce property values, as some opponents have said.

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enator Mary Beth Carozza (R-District 38) at a Nov. 20 hearing in Annapolis urged

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the Maryland Board of Public Works to postpone or deny US Wind’s Tidal Wetlands License Application to build a large pier and bulkhead structure in the West Ocean City Harbor.

The Maryland Board of Public Works voted to approve Wetlands License No. 23-0813 to construct a 353 foot long by 30 foot wide concrete pier with associated timber fenders and to construct 383 linear feet of replacement steel bulkhead as part of US Wind’s Operation and Maintenance Facility (O&M) in the West Ocean City Harbor.

“It is premature to make a decision today that will permanently damage our local commercial fishing To Page 10

Windfarm From Page 6 Other plaintiffs in the case include Worcester County; the Town of Fenwick Island, Delaware; Caine Woods Community Association; Little Salisbury Civic Association; Ocean City Chamber of Commerce; Sunset Marina; Waterman’s Association of Worcester County; the White Marlin Open; Save the Right Whales Coalition; OC Marlin Club; Ocean City Development Corp.; the Harrison Group; Castle in the Sand; and the Coastal Association of Realtors, among others.

In making the motion, as background, Farr said, although ostensibly to support sound environmental policy, “the Government’s approval of this project violated some of our nation’s most venerable and effective environmental protection laws…”

The lawsuit seeks a ruling from the federal district court that the federal government has violated the federal environmental laws by issuing the permits and approvals for this project, and further seeks a holding that the agencies must comply with the laws and regulations enacted to protect our ocean environment regardless of the government’s energy goals.

December 2024 Ocean Pines PROGRESS 9

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From Page 8 industry and harm our fishing families who have lived and worked here for generations and are an important part of our Shore way of life,” said Carozza as she held up a petition in opposition to US Wind’s application during her presentation. “Many of the people who signed this petition of opposition did so during this year’s annual Harbor Day at the Docks held last month in the West Ocean City Harbor.

“I am both disappointed and frustrated with the Board of Public Works’ decision to approve US Wind’s application which would create a major negative economic impact on our commercial fishing industry.

“At the same time, I am proud of our united community effort in opposition to approving this license and building an Operations and Maintenance facility that will forever change our iconic West Ocean City Harbor,” said Senator Carozza after the vote.

Officials from the Eastern Shore Delegation including Senator Carozza and Delegates Wayne Hartman (District 38C) and Chris Adams (District 37B), Worcester County Commission President Chip Bertino, Ocean City Mayor Rick Meehan, Worcester County Watermen’s Association representative including Jeanene Gwin of Skilligalee Seafood; Protect Our Coast Delmarva founder Diane Harris; local business owners Adam Showell of Castle in the Sands Hotel and past President of the Ocean City Hotel-Motel-Restaurant Association, and G. Hale Harrison of The Harrison Group; and numerous Maryland constituents testified today in strong opposition to US Wind’s license application.

The BPW’S review of US Wind’s license application was confined to the “impacts of the proposed bulkhead replacement and pier construction in the wetlands.” But Senator Carozza highlighted that Section 16-202, Environment Article, Annotated Code of Maryland states that “The Board shall decide if issuance of the license is in the best interest of the State, taking into account the varying ecological, economic, developmental, recreational, and aesthetic values the application presents.”

December 2024 OceanPines PROGRESS 11

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12 Ocean Pines PROGRESS December 2024

OCEAN PINES

Police chief identifies potential cell phone tower contractor Says pedestrian crash investigation continues

By ROTA L. KNOTT Contributing Writer ilestone Communications of Reston, Va. is the contractor the Ocean Pines Association may partner with to bring a cell communications tower to the community. Police Chief Tim Robinson, during the Nov. 23 Board of Directors monthly meeting, divulged the identity of the potential cell phone tower contractor and offered details on how the partnership could be a financial benefit to the OPA. Robinson said if the OPA is able to reach an agreement with Milestone, the contractor will pay the association a one-time fee prior to building the tower and a monthly 40 percent revenue share.

Robinson, who has been leading the effort to attract a contractor willing to build a new tower to help ensure cell coverage in the community,

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said Milestone is the company that built towers at three sites in Wicomico County, including Parkside High School. He said he has been in communication with the school system to discuss their contracts with the tower contractor and to make sure the OPA has the opportunity to negotiate a comparable contract.

If the OPA opts to move forward with the partnership, the contractor would build the tower and pay the association for the benefit of doing so.

“They would put the tower up at their expense.

They would ensure they get all the permits and everything,” he said.

Robinson said there are several properties owned by the OPA that could be viable locations for a communications tower.

“If we decide to move forward, we do have some proposals to look at,” he said regarding potential sites. The contractor would evaluate the

properties and decide which are most viable as a tower location.

He did not mention those potential sites at the Nov. 23 meeting.

Several months ago, Worcester County President Chip Bertino divulged some possibilities, including property in front of the Ocean Pines Post office, which is owned by the association, behind the OPA administration building or on the water towers in Ocean Pines.

One location he ruled out was the county-owned Ocean Pines wastewater treatment plant, which has been looked at in prior years and is a favored location of some cell phone companies.

The police chief said the investigation into a fatal pedestrian crash on Nov. 16 in Ocean Pines is continuing. “We had a very tragic accident,” Robinson, adding, “honestly there’s not a lot that I can talk to you about here from this podium.”

He said the incident, which resulted in the death of 35-year-old Ramon Ramirez Castillo as a result of injuries suffered in the collision, was referred to Maryland State Police for accident reconstruction.

“We did bring the state police in to make sure that we do have the best investigation possible,” he said, adding MSP’s reconstruction team “is working on it and it is not going to be an overnight resolution.”

The Ocean Pines Police Department remains To Page 14

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14 Ocean Pines PROGRESS December 2024 Chief Robinson From Page 12 the lead agency on the investigation.

Once MSP completes its accident reconstruction investigation, OPPD will meet with the state’s attorney to discuss any possible next steps, Robinson said.

“It was a very tragic incident all the way around,” hr said. He noted the collision did not occur on Ocean Parkway. “The accident itself did not occur on the roadway. It did occur off the roadway on the right side,” he said.

OPPD officers responded to the crash just before 8:45 a.m. on Nov. 16 on Ocean Parkway between Briarcrest Drive and Beaconhill Road. Police say a car driven by William R. Lewis Jr., 65, of Parsonsburg, Md., left the roadway and hit Castillo on the property of 47 Ocean Parkway. The Worcester County Sheriff’s Office and MSP assisted at the scene.

It’s been reported that Castillo was working on a landscaping project on the Ocean Parkway property. There have been reports that the driver fell asleep at the while when the accident occurred.

Robinson also provided an update on the OPPD’s calls for service since the September Board meeting.

He said the OPPD handled 138 traffic incidents, of which 50 were speeding related, two unlicensed drivers, one uninsured driver, and a few incidents of improper passing.

He said there were four motor vehicle collisions and two incidents of driving under the influence. Once of the DUIs was in the middle of the day, and also involved a possession of heroin charge.

Officers also handled four stop sign violations, two leaving the scene of an accident, and one child safety seat violation, two incidents of vandalism, one domestic assault arrest, two thefts by fraud, and one incident of theft.

“These fraud cases are unfortunately a growing issue,” he said.

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Protective order denied in Mailloux case

State had wanted to shield witnesses from exposure to anticipated testimony and body-camera footage

By CINDY HOFFMAN Contributing Writer yler Mailloux, the West Ocean City young man charged in a hit and run accident that killed an Ocean Pines resident, 14-yearold Gavin Knupp more than two years ago, appeared in Worcester County Circuit Court on Thursday, Nov. 21, for an administrative hearing.

While a number of motions were expected to be discussed only one was addressed. A motion for a protective order was considered and denied by Judge Brett W. Wilson.

The rejected motion submitted by the state requested that the Court order the “shielding of information from public access and inspection” and “order the redaction of portions of the criminal proceedings from the audio/visual recording.”

The reasoning behind the motion included concerns that statements in court about the defendant and the decedent, a minor, could include private medical information and other personal information.

“Given the intimate nature of the anticipated testimony and body-camera footage, shielding and redaction of that testimony is appropriate to avoid further traumatizing witnesses who would otherwise be placed in a position to listen to audio recordings of his/her testimony should those recordings be accessed and made public,” the motion read.

The Nov. 21 hearing lasted less than five minutes. Attorneys met with the judge in chambers before the public hearing convened. A source told the Progress that the state decided not to move ahead with oral argument on the motion, setting the stage for the judge to dismiss it.

All other motions were deferred until another scheduled hearing on Dec. 5. Among the motions yet to be dealt with is a motion filed by the defendant for a change in venue.

A 13-day trial for Mailloux has been set aside for March 3-19, next year.

On the evening of July 11, 2022, Gavin Knupp was killed in a hit and run accident on Grays Corner Road near the Glen Riddle community. He was being driven by his sister Summer, that evening when she stopped the car and he exited the vehicle. When he was returning to the vehicle, he was struck by a black 2011 Mercedes-Benz C300. The driver of the vehicle left the scene of the accident.

To Page 16

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16 Ocean Pines PROGRESS December 2024

OCEAN PINES

Smaller trash cans coming Republic says no additional requests for smaller cans will be accepted

By CINDY HOFFMAN Contributing Writer epublic Services has taken steps to address the many concerns raised at a public meeting on October 18 over the new 95 gallon trash cans that were distributed to residents this fall.

Many people were not happy with the cans, which are very large and

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unwieldy for some residents to manage and just oversized for smaller households with little waste.

More than 350 people called Republic to request smaller cans. The deadline for this request was Nov. 8.

Republic has put in a special order to produce the smaller cans and no additional requests will be taken, according to a company executive.

That could cause problems down the road for Republic, as many summer residents have for their primary residences and may have been unaware of the Nov. 8 deadline.

The smaller cans are 36 gallons.

Republic hopes to get the new cans out to residents by the middle of January.

The large cans will be collected on

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that same day.

Any resident who has extra cans they want to get rid of should either contact Republic or place the can out on trash day with a note and Republic drivers will notify their headquarters to have the can taken away, Greg Sevier, operations supervisor said.

To Page 18

Mailloux

From Page 14 Police later impounded a car with damages consistent with the crash on the property of Ralph DeAngelus, a former partner of the Matt Ortt Companies, which runs the Ocean Pines Yacht Club and other local restaurants. Seventeen charges were eventually filed against Mailloux.

An attorney hired by DeAngelus had notified the state police in Berlin that a vehicle that might have been involved in an accident the night before was parked in DeAngelus’s garage.

On Aug. 18, 2023, the case was dismissed by Judge Wilson based on the argument that the case should have been filed in District Court.

The state successfully appealed that decision and it is now back in the circuit court for a trial scheduled to begin on March 3, next year.

Residents of Ocean Pines and the surrounding area rallied in support of the Knupp family. A foundation was created to honor Gavin’s life.

Restaurants and other businesses posted “Justice for Gavin” signs.

Some activities even boycotted restaurants, including the Ocean Pines Yacht Club, due to connections between Ortt, DeAngelus and Mailloux.

Earlier this year, Gavin’s mother, Tiffany Knupp stood trial on nine charges of embezzlement and theft of funds from the foundation. She took an Alford plea, in which she conceded that the State has sufficient evidence to convict without admitting guilt.

Knupp paid $6,500 in restitution to her son’s foundation. She was sentenced to one year of unsupervised probation. The foundation board was ordered to dissolve the organization and donate the remaining funds to other appropriate charities.

December 2024 Ocean Pines PROGRESS 17

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18 Ocean Pines PROGRESS December 2024

OCEAN PINES

Credit card convenience fee motion tabled Proposal to eliminate them sent for more input from the OPA administration

By ROTA L. KNOTT Contributing Writer proposal to eliminate convenience fees the Ocean Pines Association charges members when making payments by credit card was pulled from the agenda of a Nov. 23 Board of Directors meeting because of an apparent consensus it wasn’t ready for a first reading. The proposal, a motion that was scheduled for presentation by OPA Treasurer Monica Rakowski, was tabled at the beginning of the meeting, after a whispered conversation between Rakowsi and Director Elaine Brady.

The proposal might come back for Board action after more input from the OPA administration.

The motion was to repeal an un-numbered Board Resolution dated Feb. 25, 2017, concerning the charging of convenience fees for use of an electronic payment method for paying assessments to the OPA. The current rate charged by the OPA is three percent.

In her supporting documentation, Rakowski said “rather than charging a transactional fee for each electronic payment that is made to

A

Trash cans From Page 16 The new trash collection system was put in place to address the labor shortages and safety concerns for Republic employees. The new trash

trucks will operate like the recycling trucks, with an arm that will grab the can and dump it in the truck.

As with every fall season, residents are focused on leaf removal as well.

“This has been a very heavy

OPA, the projected cost associated with making the electronic payment option available to the membership will be incorporated as an operational expense into the annual OPA budget, on which the annual assessment amount is based.”

The supporting documentation said that a simpler way for the OPA to cover and account for the cost of making the electronic payment option available to members is to incorporate such cost into the OPA budget annually as an operational expense.

On Ocean Pines Forum, site moderator Joe Reynolds queried OPA Attorney Bruce Bright about whether a provision of the Homeowners Monica Rakowski Association Act is still effective and if the OPA can legally charge a fee To Page 20 leaf collection season due to the drought,” Dominic Fulginiti, the manager of municipal sales for Republic Services said.

This has caused the trucks to get packed up early so drivers have to prioritize the trash first.

“We are sending extra resources and trucks,” Fulginiti said.

Republic is providing special leaf pick up days before the end of the year. This augments extra collection by the Ocean Pines Association.

It did three leaf pickups in November (two on the Northside and one on the Southside) and will have an additional three in December.

On the Northside, the special leaf collection day is December 14 and on the Southside, it is scheduled for December 7 and 21.

On those days only, leaves must be in brown paper bags and weigh no more than 35 pounds.

“We are composting those leaves,”

Republic’s Special leaf collection days North side: Dec. 14.

South side: Dec. 7 and 21.

Fulginiti said.

All trash should be placed in the new cans. Trash in personal cans or bags will not be collected. Residents can place leaves and other yard debris in the cans for collection on normal pick up days, or place them next to the cans.

For large items, Republic provides bulk pick up on the North Gate side the first Wednesday of every month and the South Gate side the second Wednesday of every month.

Call 443-210-3505 to schedule a bulk pickup. Call 48 hours ahead to schedule.

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20 Ocean Pines PROGRESS December 2024 Convenience fee

OCEAN PINES

From Page 18 for association members who choose to pay their assessment via credit card.

He cited HOA Act Section 11B-114 regarding electronic payments of fees: (a) “In this section, ‘electronic payment’ means payment by credit card or debit card. (b) “A homeowners association may require a person from whom payment is due to pay a reasonable electronic payment fee if the person elects to pay the homeowners association by means of electronic payment. (c) “An electronic payment fee may not exceed the amount of any fee that may be charged to the homeowners association in connection with use of the credit card or debit card. (d) “If a homeowners association elects to charge an electronic payment fee under this section, the homeowners association shall specify on or include notice with each bill and other invoices for which electronic payment is authorized that an electronic payment fee will be charged.”

Bright responded to Reynolds in the affirmative, saying “Yes, that provision in the code remains in effect. Convenience fees may be charged in accordance with that provision.

“The Board and management, after consultation with my office, believe the simpler and more administratively effective way to cover the cost of providing the electronic payment option to the members (and account for it), is by incorporating the projected aggregate cost into the operating budget, rather than through a per transaction ‘convenience’ fee/charge.”

Credit card companies have a range of transaction fees for their card, with two to three percent typical.

Reynolds suggested that the pass-through to all property owners in the assessment wasn’t a good idea.

He also questioned whether OPA management was as favorably disposed for the change in policy as Bright suggested.

“With the elimination of the convenience fee, the number of people paying via credit card is likely to explode as people can gain CC [credit card] points without paying a CC fee,” Reynolds postulated. “If 8,000 owners decide to pay via CC, then the potential operational expense is around $240,000.”

Reynolds argued that the budgeted assessment rate would increase by that same amount of $240,000.

“This makes no sense to me, but perhaps I do not fully understand the issue. Without the ability to collect a convenience fee, OPA should simply not allow assessment payments via credit cards. Essentially, it forces all associations members who pay via check/cash to pay the convenience fees of those who pay via credit card.”

He suggested the possibility of allowing property owners to pay assessments with a debit card.

Reynold’s said Rakowski’s motion would impact all association members with no advanced discussion of the issue.

He said the motion should be withdrawn until association members are informed and it should at least be the topic of a Town Hall meeting before any such motion is made.

Bright didn’t have any comment regarding the prediction that members’ use of credit cards would “explode” if the motion is approved, and the convenience fee goes away.

However, he said if an increase in credit card use is experienced, this would probably create some considerable efficiencies and acceleration in the collection and processing of assessment payments.

“Taking away the credit card payment option all together, as you suggest, is not tenable in this era, and would likely negatively impact (slow and/or reduce) assessment collections,” Bright said.

It’s possible that Reynolds’ pushback contributed to the decision to remove Rakowski’s motion from the meeting agenda, although no one mentioned the exchange between Reynolds and Bright on the forum Website.

After some clarity from the administration on its position on eliminating convenience fees, the idea could come back for Board consideration.

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Advisory Committees submit annual reports

n preparation for the 2025-26 Ocean Pines Association budget, the Ocean Pines Advisory Committees have submitted their annual reports. The reports highlight the accomplishments, challenges during the year and identify suggestions for the Board of Directors and management to consider for the next year.

“It is very important to note their accomplishments and issues encountered while operating their committees,” OPA President Stuart Lakernick said.

The reports from the committees and any charging documents are forwarded to General Manager John Viola and appropriate department heads as a part of the budget process.

The executive council of all of the committee chairs will meet in February.

Following is a summary of the requests for the next fiscal year. Not all of these requests will receive favorable consideration.

Recreation and Parks Advisory Committee

Walking and bicycling are the two most popular recreation activities in Ocean Pines with over 80 percvent citing walking and almost 50 percent indicating they bike, in the 2023 membership survey.

To address safety concerns in Ocean Pines, the committee has recommended adding zebra striped crosswalks and signage on Ocean Parkway at White Horse Park, Pintail Park, the Yacht Club, the Sports Core and Library at Cathell Road, the Racquet Sports Complex and the Swim and Racquet Club. The committee also recommends cross walks where the Robin Hood trail crosses roads.

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The requested amount for this project is $10,000.

Keeping trails cleared is also a focus of the committee, who’s members regularly walk the various trails in the community to check for issues. The committee suggested an enhanced record, tracking and reporting of work orders to provide transparency.

The committee has also recommended the development of a bicycle/pedestrian master plan for Ocean Pines focused on connecting the community to transit, local resources and regional bicycle and pedestrian networks.

The cost of the plan is $35,000, according to the committee request.

Fitness opportunities are a key focus of the committee. It has recommended developing a centralized outdoor gym, trail fitness stations and an obstacle course.

The committee reported a range from $5,000 to $100,000 for these projects.

The committee is advocating for a community fitness plan that would include phasing in each of these projects over the next three budget cycles, as time and resources allow.

The little used, unmonitored tennis courts at the Swim and Racquet Club could be repurposed, according to the committee.

It would like to see a task force of community stakeholders develop a strategic plan for this space. The requested budget for this is $25,000.

As access to these courts is not included in Ocean Pines tennis memberships, they essentially are open without charge to anyone who wants to use them.

Within the last year or so, a proposal was floated to convert them for use as pickleball courts, but interest in that idea never seemed to gain traction.

Anything’s possible if a strategic plan is developed for the space, however.

Bocce, horseshoe and shuffleboard courts in Whitehorse Park are all worn and need maintenance, projected to cost $5,000.

Other priorities include replacing the gym floor in the community center, upgrading the Bainbridge Park playground and expanding its bike trails. To refurbish the gym floor would cost $25,000. For a state of the art floor, the cost is projected to be $100,000. The request for Bainbridge Park equipment is $5,000 to $30,000.

Aquatics Advisory Committee

Ocean Pines is home to five pools including one indoor pool that is open year round. There are various prices and packages for membership and visitors to the pools.

The committee has proposed to the OP Board of Directors that there be a level of consistency in how daily pool rates are applied for residents of OP and non-residents.

The report stated it is “equally important to create new pool memberTo Page 24

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Committee reports

From Page 22 ship opportunities that accommodate both family size and visiting family and to augment these memberships with value added mechanisms and activities that encourage aquatics participation.”

The committee has proposed restructuring membership fees based on the number of people in the “household.”

Given the success of the couples’ rate that was implemented in 2023, the committee suggested that a fee schedule be created based on the size of the household rather than type of household.

The committee is requesting a guest pass mechanism for visiting family.

According to the committee, a guest pass option remains an ongoing request from many OPA members.

The committee proposed guest passes that could be purchased in advance in either a passbook or a weekly pass that would be valid during a specified time, season, or calendar year.

It would also recommend providing swim classes at Mumford’s Landing pool.

Classes were conducted at the Mumford Landing pool prior to COVID, according to Gary Miller, the chair of the Aquatics Advisory Committee.

By charging a similar fee to that of other water aerobics classes, aquatics revenue could increase.

“The popularity of this class was due primarily to the fact that the indoor pool gets very warm during the summer months and people taking the classes prefer to be outside where it is cooler,” Miller said.

The committee also requested that the Board revisit a plan to enclose a section of the outdoor patio area at the Sports Core Pool. This would allow for additional storage space that is needed to store equipment currently housed around the pool.

Depending on the size of the room addition, it could also be used for fitness classes to generate additional revenue.

The committee did not include in its report a proposal for Sunsets and Cocktails parties at the Yacht Club pool, an idea that met some resistance at the staff level after OPA General Counsel Bruce Bright said that it would not violate federal age discrimination rules.

“Poolside cocktail evenings and keeping the pool open for such events creates added operational and staff demands. There are also liability concerns relative to poolside alcohol consumption during evening hours. For those reasons, OPA is presently declining to go forward with the Cocktails and Sunsets proposal made by the Aquatics Committee,” OPA PresidentStuart Lakernick said in November.

Budget and Finance Advisory Committee

The committee suggested that the Board of Directors consider accelerating spending on the golf irrigation project if conditions warrant. It also encouraged the Board to include funding for any required aspects of the

1,595

South Fire Station building project. No specific costs were mentioned in the report associated with these two projects.

Strategic Planning Advisory Committee

The committee had no requests for the next OPA budget. It is in the process of conducting a survey of Ocean Pines residents. A report on the survey results will be presented soon to the Board and staff.

Architectural Review Committee

The committee recommended amending the Declarations of Restrictions and consider establishing fines for violations for all sections of the community. It also suggested looking into the possibility of providing on-site storage for oversized vehicles. It identified the possibility of a partnership with a local storage facility for a negotiated rate for OPA members. No costs were associated with this suggestion.

By-laws and Resolutions Advisory Committee

The committee recommended the cost of a virtual meeting platform continue to be included in the budget to allow for hybrid meetings. It also requested additional legal review funding for the by-laws and resolutions updates and support from administration staff for updating and editing documents. Currently, a number of committee members use their own software, which could change with changes in members of the committee. No costs were associated with these requests.

Communications Advisory Committee

The Board requested that organizing for the annual Kick-off event be conducted under the Communications Committee. Therefore the committee has requested $6,000 to support the event, which it said would be offset again by sponsorships and exhibit fees.

It also requested $1,500 to conduct a new sign contest or other promotional support for the 2025 Board elections.

The committee supported the replacement of dated Ocean Pines directional and venue signage with a professionally designed, standardized look consistent with the community’s brand identity. It did not provide a cost for this effort. It also encouraged the Board to host the council of advisory committee chairs more than once a year to facilitate greater coordination and mutual support.

Marine Activities Advisory Committee

The committee has been focused on the health of OPA waterways. One project it has engaged with is oyster gardening in the Pines. The committee currently cares for an oyster cage at the Yacht Club. In its report, the committee stated it is considering a charging document to the Board to fund a u

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OCEAN PINES

Ocean Pines adds new trail connecting Pintail Park and Mumford’s Landing

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Resident’s suggestion provides new way for hikers to avoid busy Ocean Parkway 100 CallYouPrice: (000)your benefits by 39%. could be reducing n response to a resident’s sugges- Kathy, has traversed trails worldAfter Ferrusi’s proposal, Senior / AAA Rating: Aaa (XXX/XXX) tion, Ocean Pines Association has wide, including notable treks like Public Works Director Eddie Wells I am here to help make that decision easier for you. completed a new trail running the Everest Base Camp in Nepal reviewed the area and agreed it was Other: Please contact(Obligor) me at 410-208-1704 for a

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from Pintail Park to the Mumford’s Landing entrance near the Yacht Club.

Ralph Ferrusi, a Bay Colony resident and avid hiker with extensive trail-building experience, initially proposed the project.

Ferrusi, along with his wife

and Kilimanjaro’s Marangu route.

In an email to the Association, Ferrusi suggested creating a rustic, meandering path through the open woods near Pintail Park that would allow pedestrians to avoid the busy Ocean Parkway while accessing Mumford’s Landing.

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100 Call Price: (000) Berlin, MD 21811 Berlin, Aaa /MD AAA 21811 Rating: (XXX/XXX) Following the trail’s completion, (Address) Other:410-208-1704 (Obligor) 410-208-1704 Viola asked Wells to connect with (City, ST 00000) Carrie.Dupuie@RaymondJames.com Ferrusi for feedback. In response, (000-000-0000) I (Toll-Free: Carrie Dupuie, AAMS 800-000-0000) Raymond James(Financial Financial Services Inc.,Name) Member FINRA/SIPC Advisor Ferrusi expressed his delight with (Approved Title) James Financial Services Advisors, Inc. Investments advisory services offered Raymond Fax:through (000-000-0000) the new path in an email to Wells.

(Address) (E-mail (City, STAddress) 00000) “A superb job; a great route that (000-000-0000) I (Toll-Free: 800-000-0000) (Website) Fax: (000-000-0000) flows through the existing woods, (E-mail Address) (Website) drawing you along,” Ferrusi said. “I can see it becoming a very popular Ocean Pines walking trail.”

Subject to availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is generally exempt from federal taxation and may also be free of state and local taxes for investors residing in the state and/or locality where The Association added the new the bonds were issued. However, bonds may be subject to federal alternative tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gains tax treatment. Rattrail to its online trail guide, enings by Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to *As of00/00/00.

06/07/2018 buy, sell or hold the security and may be subject to review, revision, suspension, reduction or * As of hancing recreational opportunities withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of principal and interest. No representation is made to any insurer’s ability to meet its Subject to availability and price change.

Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is g financial commitments. Ratings and insurance do not remove risk since they do not guarantee for residents and visitors from alike.

For federal taxation and may alsothebemarket free ofvalue stateof and local taxes for investors residing in the state and/or locality where the bonds were is the bond. bonds may be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gain more information, visit www.oceanSecurities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. Ratings by Moody’s/Standard & Poor’s.

A credit rating of a security is not a recommendation to buy, sell or hold the security and may be su 2015 Raymond James Financial Services, Inc., member FINRA/SIPC 15-MFI-0113 ICD BS 8/15 pines.org/web/pages/trails.revision, suspension, reduction or (c)withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of prin Financial Advisor

From Page 24

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public notice sign to educate the public about the value of the oyster project to local waterways and encourage others to participate. This would follow the committee’s plan to add another oyster cage at the Yacht Club in Spring 2025.

The committee would like the Board to encourage canal residents to raise oysters to improve water quality and to educate residents on the impact of lawn fertilizers and other additives on waterways and the dumping of lawn cuttings into the canals. No cost was associated with the suggestions.

No reports have been posted for the Environment and Natural Assets and Golf advisory committees. The Elections Committee report and recommendations were covered in the Progress in its October, 2024, edition.

410-208-1704

Carrie.Dupuie@RaymondJames.com

06/07/2018 **As As ofof 00/00/00.

Subject to availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is generally exempt from federal taxation and may also be free of state and local taxes for investors residing in the state and/or locality where the bonds were issued. However, bonds may be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gains tax treatment.

Ratings by Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to buy, sell or hold the security and may be subject to review, revision, suspension, reduction or withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of principal and interest. No representation is made as to any insurer’s ability to meet its financial commitments. Ratings and insurance do not remove market risk since they do not guarantee the market value of the bond.

Securities offered through Raymond James Financial Services, Inc., member FINRA/SIPC.

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26 Ocean Pines PROGRESS December 2024

OCEAN PINES

Jacobs proposes changes to search committee resolution Second reading could be scheduled for December meeting

By ROTA L. KNOTT Contributing Writer proposal to amend Resolution M-09, Candidate Search Process for OPA Board Elections, to make it more consistent with the Ocean Pines Association’s Bylaws and the candidate vetting process was introduced for a first reading during the Nov. 23 Board of Director’s meeting.

Director Steve Jacobs offered a motion to amend Resolution M-09, saying the proposal is to revise the current resolution regarding the Search Committee and ensure that the correct candidate application form is appended to the resolution.

As background, he said the OPA by-laws provide for the president’s appointment of a Search Committee, subject to confirmation by the Board.

However, there is a provision that the lack of a Search Committee has no effect on the validity of the election.

In recent years, no search committee has been appointed, with little apparent effect on the number of candidates running for the available seats on the Board, As amended, the resolution would give the Board the authority to appoint a Search Committee.

In addition, the application form for candidates to run for the Board has also been changed and should be an attachment to the resolution, he said.

Jacobs noted that during the last several years a Search Committee has not been appointed. At various times, including prior to the last extensive review and modification of the by-laws, there had been discussion regarding the need for a Search Committee. Amending by-laws is difficult,

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requiring a majority of those voting in a referendum.

The proposed resolution corrects deadlines between the current resolution and requirements found in other governing documents.

Jacobs said the proposed amendment removes redundant or incorrect provisions, aligns responsibilities in this resolution with what is found in the by-laws relating to the role of the association secretary and adds to this resolution the correct application form for all Board candidates. There are some formatting modifications and minor technical and conforming corrections as well, he said.

Jacobs said there is an inconsistency between the Board resolutions and the by-laws.

“This is an attempt, in part, to address that and also to correct other problems,” he said.

None of his colleagues commented on the merits of the amendment, so it’s fate is uncertain.

The Board will consider the proposed amendments to Resolution M-09 on second reading at a future meeting, perhaps as soon as December.

Board sends violations to legal

The Board of Directors voted unanimously during its Nov. 23 meeting to suspend the voting rights and amenity use of owners of several properties in Ocean Pines and to refer them for legal action. The properties with outstanding violations are 255 Windjammer Road, 736 Ocean Parkway, 26 Tail of the Fox Drive, 66 Nottingham Lane, 44 Footbridge Trail, 91 Nottingham Lane, and 819 Ocean Parkway.

Linda Martin, director of business administration, said first and second notices of the violations were sent to the owners of all of those properties and no one requested a hearing before the Board. She said the violations continue to exist on the properties.

At the meeting, Martin pulled three properties from the list to be sent to legal counsel. The three properties were removed from the list at the last minute were 9 Chestnut Way, 33 Greenwood Lane, and 7 Sassafras Lane.

Martin said the violation had been resolved on one of the properties and the owners of the other two properties requested an extension of time.

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The Board of Directors made two appointments to an Ocean Pines Association advisory committee during a Nov. 23 meeting.

Jack Collins and William Hufnell were both appointed to the Budget and Finance Advisory Committee.

OPA begins leaf collection service

T

he Ocean Pines Association began its annual bagged leaf collection service on Nov. 25. It will continue through Friday, Jan. 3, to assist residents with fall yard cleanup. Collections will occur on days opposite Republic Services’ regular scheduled trash pickup, with no leaf collection on holidays.

Residents are reminded that leaves must be placed in paper bags only; plastic bags are not accepted. For convenience, Ocean Pines offers 30-gallon paper bags for purchase at the Public Works Building on 1 Firehouse Lane. Bundles of five bags are priced at $10, plus tax.

The Ocean Pines Public Works yard will offer extended hours during the collection period, open Monday through Saturday from 8 a.m. to 3 p.m., except on holidays. The yard will be closed on specific holiday dates, including Dec. 24-25 for Christmas, and Dec. 31-Jan. 1 for New Year’s.

Residents dropping off debris at the yard must ensure it is either loose or in paper bags, as plastic bags are not accepted. However, residents may empty plastic bags on-site. A vehicle sticker is required for access to the Public Works yard for leaf and yard debris disposal. Stickers can be obtained free of charge at the Public Works Building.

OCEAN PINES

Committee recommends consistency in Ocean Parkway directional signage

December 2024 Ocean Pines PROGRESS 27

Asks OPA operations to develop new designs more in keeping with Ocean Pines’ residential character

By ROTA L. KNOTT Contributing Writer he Communications Advisory Committee is recommending development of a new design concept and implementation of updated directional signs for the Ocean Pines Association’s facilities and amenities.

Director Elaine Brady, committee liaison, during the Nov. 23 Board of Directors meeting, presented a proposal to have OPA operations develop concept designs for new signage.

As background, Brady said while there are requirements regarding signs for property owners, there are currently no consistent brand standard requirements for Ocean Pines community signage, leaving a disjointed look throughout the community.

She said the current directional signage for amenities and facilities have become worn and dated.

As they are scheduled for replacement, the Communications Advisory Committee would like to have the OPA operations team provide design options for the committee to review and make recommendations for Board approval.

The goal is to have directional signage that is cohesive and consistent with the community’s natural aesthetic and brand identity.

Brady said the area along Ocean Parkway “has been a clutter of signs over the years.”

She said the OPA needs to come into compliance with Worcester County sign regulations but also improve the aesthetics along its roadways.

“We will also doing it for beautification,” she said.

“All of that distracting signage on the parkway, it is a safety issue,” she said, adding it can be distracting.

She said the OPA is working to secure Worcester County approvals for a few additional informational electronic signs at the entrances to Ocean Pines.

Currently, Brady said the OPA’s directional signage for its amenities and facilities are large metal signs.

She said they are not appropriate in residential communities.

She said the committee is suggesting signage that is more in keep-

T

ing with the residential character of Ocean Pines.

Her proposal was to direct the OPA administrative team to develop design plans to replace those directional signs so “we have a cohesive

look throughout the community.”

Brady said her proposal before the Board at the Nov. 23 meeting was simply a charging document to have a staff team begin work on developing consistent signage for

future Communications Advisory Committee and Board consideration.

It did not require official Board action at the meeting.

Once approved designs are in place and specific signs are proposed for replacement, then it becomes a budgetary matter requiring Board action.

No director raised any objection to the committee’s proposal.

Nor did General Manager John Viola.

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28 Ocean Pines PROGRESS December 2024

Viola explains doubling of cost of veterans’ memorial gazebo Redesign, better materials contribute to $200,000 bottom line

By ROTA L. KNOTT Contributing Writer redesign from a simple gazebo to a fullscale pavilion doubled the cost of a new structure at the Worcester County Veterans’ Memorial at Ocean Pines. General Manager John Viola told the Board of Directors during the Nov. 23 monthly meeting that the budget for the pavilion grew from $100,000 to $200,000 after the devision was made to build an “enhanced structure.”

The Veterans Memorial pavilion was completed on time and a dedication ceremony was held prior to the Veterans Day event on Nov. 11. “The team got everything done. We got it on time and we have a beautiful pavilion,” Viola said.

He noted the preliminary estimate for the project, which was approved by the Board on Dec. 13, 2023, was $100,000 for a gazebo kit. The design was later enhanced and an updated estimate for the project at $150,000 was presented in February 2024. However, Viola said by the time all of the contractors estimates and pricing for items like brick work, the final total budgeted cost reached $200,000.

“But it was an enhanced structure. Totally different from the first one,” he said in justification of the doubled project cost. He said items not included in the original estimate were added brick work for $42,000, door and frames for $3,000, architectural design for $20,000, and increases in contractors fee of $20,000, lumber increase by $10,000, and a roofing increase of $10,000.

A

Fourth fairway bridge repair

OCEAN PINES ued irrigation work while the contractors are on site.

It could lead to a decsion to keep them on site and to proceed with Phase II of the project, which is irrigation system replacement on another two or three holes on the golf course.

Racquet sports building

The Ocean Pines Association is preparing to start work on renovations at the Racquet Center.

A bridge on the 4th fairway at the Ocean Pines “We’ve talked about this for a long time,” Viola Golf Club is in dire need of replacement, Viola said. said. While the OPA is still waiting on a proposal The renovation will focus on upgrading the fafrom a contractor, an initial cost estimate for the cility’s restrooms and pro shop. Viola said staff work is $40,000. He said he hopes to have the acis finalizing initial project drawings and the next tual cost and bids for presentation to the Board at step is architectural design. its December meeting.

He said the project is next up in the queue for The project involves replacing the current the OPA now that the new pavilion at the vetfencing on the sides of the bridge with railings. erans’ memorial is complete.

He anticipated that Viola anticipated that the project will get under work will begin this winter and be completed by way in January and should be completed in one u Memorial Day. week. He said there will be minimal disruption to the golf course while the bridge repair work takes place.

Golf course irrigation

At a Phase I cost of $934,000, a major irrigation line on the Ocean Pines Golf Course is being replaced after 50 years of use. Viola said he believes the replacement pipe will last at least 75 to 100 years.

He said work on the irrigation project started in September and is scheduled for completion by February or March 2025. Repairs at the pumping station off the ninth green will begin within the next few weeks.

Phase I included work on the driving range and holes one and two.

While the project is on track and on budget, Viola said he wants to talk with the Board at the December meeting about “next steps” for contin-

After materials arrived, work began quickly to replace old irrigation equipment that in some cases is more than 50 years old.

OCEAN PINES

December 2024 Ocean Pines PROGRESS 29

The new gazebo at the Worceser County Veterans Memorial Park in Ocean Pines was completed in time for a Nov. 9 dedication ceremony.

Holiday decorations

In an effort to reflect all the different holidays celebrated by community members, the OPA will be displaying a variety of holiday decorations starting in November, Viola said.

He said extra lights will be added throughout Ocean Pines and the OPA electronic signage will include holiday messaging. Additional decorations will be added for Hannukah and Kwanzaa.

He said public works construct the structures for the new decorations.

Holiday events

Ocean Pines is presenting several holiday events this year for residents to enjoy, according to Linda Martin, director of business administration.

Light up the Pines outdoor decorating program kicks off in December and residents and businesses can register now to participate. To register email name, address, and phone number to info@ oceanpines.org or call 410-641-7717 ext. 3014.

On Nov. 30 the OPA will hold a Tree Lighting Ceremony at 6:30 p.m. in White Horse Park.

Breakfast with Satan will be held on Dec. 7 from 8 to 11 a.m. at the Community Center. On Dec. 10, the Vienna Boys Choir will perform at 7 p.m. at the OC Performing Arts Center. Residents can Swim with Santa on Dec. 21 from 5 to 8 p.m. at the Sports Core Pool.

Dashboard data

As of Nov. 1, there were 307 outstanding property violations outstanding with the Compliance, Permits, and Inspections office. Another 116 violations were initiated in during the month, including 29 maintenance, trash or debris; 25 no permit, 8 signs, and 54 miscellaneous, such as parking, stop work orders, trailers, and junk vehicles.

CPI closed out 230 violations during the month, but there were still 193 remaining as of month

OPA, Veterans Memorial Foundation open new gazebo

O

cean Pines Association and Worcester County Veterans Memorial Foundation members on Saturday, Nov. 9, officially opened and dedicated the new gazebo at the Worcester County Veterans Memorial in Ocean Pines.

Veterans Memorial Foundation President Marie Gilmore said the gazebo was a collaborative effort that included the Veterans Memorial Foundation and OPA boards, OPA General Manager John Viola, OPA Public Works, and Whayland Construction.

“What you see today is the fruition of several years of wishing and a year’s planning and building,” she said.

Gilmore said the Veterans Memorial Foundation wanted an “outdoor classroom” to assist with education programs that include annual field trips by every fifth-grade class in Worcester County.

“Each year, more than 650 fifth-grade students from all of the public and private schools in our county come to this special place to learn about veterans, our flag, and our history,” she said.

“This gazebo allows us to expand upon our programs, enhancing the experience of the students.

“We are grateful to the Ocean Pines Board of Directors, and Ocean Pines General Manager John Viola, who so willingly joined us in our mission,” Gilmore continued. “The entire community of Ocean Pines has now gained a beautiful spot to enjoy time with friends and family, while visiting this memorial site.”

Gilmore said she envisions both public and private events taking place under the gazebo, as the community continues to embrace and enjoy the Veterans Memorial grounds.

“We hope you will visit it often. This belongs to all of us now,” she said.

Gilmore said Viola was instrumental in the gazebo’s opening, and he led the effort to get the project done in time for the opening on Veterans Day. “We have something very special here [in Ocean Pines] and this certainly is a part of it,” Viola said. “I have termed this a legacy structure which enhances this iconic area.”

Viola said he was excited about the concept from the start.

“I’m glad we met all expectations. Thank you for everybody” who was involved in the project, Viola said.

Following the dedication, the Memorial Foundation hosted a Veterans Day ceremony with several hundred community members in attendance.

A flag retirement ceremony originally scheduled on Saturday, Nov. 16 was postponed because of a countywide burn ban. Gilmore said the event will be rescheduled.

end, including 64 maintenance, trash and debris, 47 no permit, 8 signs, and 74 miscellaneous. Of

those remaining 193 violations, 71 have been referred to legal counsel.

30 Ocean Pines PROGRESS December 2024

Residents suggest speed bumps to reduce pedestrian fatalities OPA member Scott Shellenberger recalls death of wife in 2023 on Ocean Parkway

By ROTA L. KNOTT Contributing Writer fter a Salisbury man was hit and killed by a vehicle in Ocean Pines in November, several residents are encouraging the Board of Directors to consider installing speed bumps along high traffic and high speed roads in the community.

During the Public Comments segment of a Nov. 23 Board meeting, residents Tim McMullen and Patti Stevens called for speed bumps to slow traffic and help improve safety in Ocean Pines.

McMullen was the first speaker during Public Comments to say he is a big advocate of speed bumps. He said they were installed at the racquet center where he works because there was going to be an accident.

“Now it’s much safer,” he said.

He cited a dangerous area on Nottingham Lane before Footbridge Trail in the neighborhood where he live sand said “there will be a tragedy” at that location.

He said traffic routinely travels 40 miles per hour on a curve in that area McMullen said he thinks there should be speed bumps on Ocean Parkway.

“If that means somebody slows down from 40 to 25, we could be saving the life of a young child,” he said.

Another resident spoke during Public Comments to emphasize the need for road improvements to make Ocean Pines safer for pedestrians and bikers.

“We have a safe community when you’re in your home, but where you’re on the road or in the neighborhood you’re not safe. It’s not safe and it’s not getting better,” Patti Stevens, chairman of an Ocean Pines pedestrian and bike safety and access workgroup formed last year and chair of the Worcester County Bike and Pedestrian Coalition, said.

She called on the Board and Ocean Pines Association administration to commit resources to improve road safety.

“We need to do something more with the engineering of the main throughfare of our road,” Stevens told the Board.

She has previously suggested widening the shoulders and narrowing driving lanes on Ocean Parkway, a strategy that she argued has been successful around the country.

She suggested the Board engage professionals to evaluate the road, make it a priority, and commit resources this year.

“We don’t want memorials for deaths on our

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roads,” Stevens said.

On Nov. 16, 35-year-old Ramon Ramirez Castillo of Salisbury died after being hit by a vehicle on a property off Ocean Parkway, between Briarcrest Drive and Beaconhill Road.

According to police, the vehicle traveled off the right side of the roadway and struck Ramirez.

The police investigation is ongoing.

Aside from the victim’s family and the neighbors directly impacted by the recent tragedy, Stevens said there is probably no one more distressed about the fatal collision than her.

Stevens said she has been working for almost four years as a volunteer in the community to try to make Ocean Pines a safer place to walk and bike.

She noted that the bike and pedestrian community doesn’t call these incidents accidents because most of them are preventable through education, engineering and enforcement.

She said she was distressed by comments she read online saying that nobody’s doing anything to improve the safety of the roadways.

“Because I know that’s not true. I know that lots has been done,” Stevens said.

She pointed out that there have been communications to promote education, use of speed signs and enforcement by the Ocean Pines Police Department, and installation of crosswalks.

“The main thoroughfare in our community is Ocean Parkway,” Stevens said, adding that online commentators questioned why people would walk on that road.

She said that’s the way Ocean Pines was designed as a summer community. “It’s not a summer community anymore. It’s a year-round robust community.”

If there’s anyone as distressed about pedestrian safety in Ocean Pines as Patti Stevens, it’s OPA member Scott Shellenberger, whose wife, Pam, was killed in a pedestrian collision on Ocean Parkway in 2023.

During Public Comments at the Nov. 23 Board meeting, he told the directors he was very disappointed that no one from Ocean Pines had ever reached out to him after his wife’s death.

“The girl that killed Pam was texting and she was speeding. Nothing you can do about that.

People are gonna choose to do the wrong things.

That’s life. That’s the way it is,” he said, adding that “you can’t idiot-proof things.”

Shellenberger said he still walks around the community.

“I see a lot of things that are wrong, he said, adding that King Richard Road traffic has wors-

OCEAN PINES ened since the extension of that street to serve the new Triple Crown Estates section in south Ocean Pines.

“It’s inevitable it’s going to happen here,” he said of fatal collisions.

He said Ocean Pines is promoted as a residential community but the road infrastructure is not residential.

“People just fly,” he said of drivers on the roads.

Shellenberger also advocated for speed bumps saying that is something physical that can be done to help improve safety.

He said maybe if there had been a speed bump in the area where his wife was hit, she would still be alive.

OPA President Stuart Lakernick offered belated condolences to Shellenberger.

He said Police Chief Tim Robinson was in the room and “he has heard you. Trust me.”

It remains to be seen whether the police chief will recommend adding speed bumps to sections of Ocean Parkway and side streets that are known to be locations of high speed traffic.

If he were to do so, the Board of Directors might find it difficult not to get on board with the proposal, whatever the cost of implementation.

Shellenberger said the Board should consider anything that could prevent such tragedies that changed his life forever.

“It’s never ending. I heard that thud, and I see her flying through the air all the time,” he said of the day his wife was killed. “It’s just a hard thing to live with.”

Resident Lynn Shannon spoke during Public Comments regarding traffic and the North Gate.

She asked the Board to consider installing signage to encourage motorists to “take up the slack.”

She said drivers are leaving car lengths between other vehicles and that makes it hard for people to get through the traffic light at that location in a timely manner.

She also asked the Board about maintenance of a cemetery in her back yard. She said she was asked by some of the people in the development to help maintain that cemetery, a landmark on Admiral Avenue that dates back to the 1800s.

“I’m too freaked out to go back there, and it’s kind of overgrown,” she said, adding there is soft ground and “I don’t want to end up in there.” She implored the OPA for help getting rid of vines and weeds in the cemetery.

General Manager John Viola said the OPA can help clean up the cemetery and staff will reach out to her.

There is a volunteer group that also has been involved in trying to keep the cemetery in good condition.

Resident Carol Frazier expressed concern to the Board about the condition of the edges of pavement along her road. She said the edges are “in really bad shape” and the crumbled sections of pavement “come in almost a foot.” She said drivers are in danger of damaging their vehicle on those ragged road edges.

Viola also said staff will evaluate the area of the road where Frazier lives. She didn’t identify the street.

OCEAN PINES

Marine activities committee, Coastal Trust join forces to test canal water quality Early indications are that ‘it’s looking pretty good and pretty consistent,’ panel member says

By ROTA L. KNOTT Contributing Writer he Marine Activities Advisory Committee is working with the Assateague Coastal Trust to implement a Community Water Quality Monitoring Pilot Project to test for certain nutrients in canals and other locations within Ocean Pines.

“This water quality testing project came out of a lot of residents asking what are you doing about water quality? Is the water quality good in our canals?” Sue Challis, a member of MAAC and water quality tester, said. She said during the Nov. 23 Board of Directors meeting that the preliminary data shows “That it’s looking pretty good and pretty consistent.”

Testing is being conducted at the White Horse Park boat ramp area, the shallowest lower end of Manklin Creek, a residential canal area close to the Ocean Pines Golf Course, near the Ocean Pines Yacht Club and Mumford’s Landing and Bainbridge Park pond.

“Everything that comes into Ocean Pines eventually ends up in your coastal bay,” Taylor Swanson, ACT executive director and Asstateague Coastkeeper, told the Board. “Your ability as a community to address what’s happening in your canals has a profound impact on the coastal bays at large.”

This past summer, MAAC received funding from the OPA Board to purchase water testing kits. The volunteer testers from the MAAC met in late July 2024 with Swanson to decide where to begin testing within Ocean Pines and to receive training on how to use the testing kits.

Challis said the project uses volunteers to test the water at different locations for various nutrients, like dissolved oxygen, nitrates, phosphates, and pH, that are indicators of basic water quality.

Each location was chosen to try and tell a slightly different story of what levels of nutrients look like in these areas. While ACT tests bacteria levels in the waters around Ocean Pines and across to locations in Ocean City from April to Labor Day, the water quality testing by MAAC volunteers tests for levels of several nutrients in the water, which tell how well the canals and other areas support plant and animal growth.

The tests include for dissolved oxygen, nitrates, Phosphate and pH. Waters with consistently high dissolved oxygen levels are most likely healthy and stable, capable of supporting a diversity of aquatic organizations. Excessive nutrients like nitrate increase plant growth and decay and can decrease the amount of oxygen in the water. The pH can be affected primarily by industrial waste

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and agricultural runoff. High levels of phosphate can lead to overgrowth of plants, increased bacterial activity and decreased dissolved oxygen levels.

Sawnson said the five testing locations were strategically chosen across Ocean Pines to give a snapshot of what is happening in the water, particularly nitrogen and phosphorus levels. He said they will use the data to try to identify where there are significant sources of those nutrients.

Testing was conducted on alternate Wednesdays, August through October 2024. Results were recorded on an information sheet created by ACT, and results were entered into an online database following each day’s testing. The results are then compared to Ranking Test Results of each nutrient to determine whether readings are poor, average, or excellent.

The testers also checked for turbidity or clarity of the water at each testing location. Cloudy water can be caused by algae blooms, or bottom sediment turned up by boating activity.

Testing has stopped for the season but will resume in April 2025, at the same time ACT resumes its bacteria testing operations. In the Ocean Pines area, algae blooms regularly appear in March. The water should also be a much different temperature than during the 2024 testing, which should provide a more complete picture of water quality across the testing locations.

Challis said the MAAC volunteers will be able to pick up testing again in the spring and do 16 weeks of testing. “So we’ll have a whole year’s worth of data.” That will allow them to look at

December 2024 Ocean Pines PROGRESS 31 water quality at different temperatures. Temperature affects the amount of dissolved oxygen in the water, the rate of photosynthesis by aquatic plants, and the sensitivity of organisms to toxic waste, parasites and diseases.

The group hopes this pilot project may result in more awareness of how to maintain and improve water quality in the community, and also may spawn some local grant interest to expand the testing locations and the number of volunteer testers in the years to come.

The goals of the water quality monitoring project are to combine data collected by volunteers with ACT data collected for testing and monitoring of bacteria in various waterways in and around Ocean Pines to get a clearer picture of what affects water quality at various times of the year. When one year’s data is collected by September 2025 the group will report results to the community at large.

That will help determine what actions can be taken by individuals and businesses to mitigate water quality issues.

Swanson said the first step in understanding and improving water quality is to know what are the inputs coming into the water in Ocean Pines Then the group can work on solutions to address any problems and show how what citizens do on land and what they do in the landscape influences the quality of the water.

“We can have clean water, clear water, beautiful water you can fish in that you could swim in right here in the canals,” Swanson said. “You already have wonderful water but it could be better.”

Swanson said he was delighted to hear that collection program. Across the bays leaf litter getting into the He said it will be important that the water quality monitoring program in Ocean Pines continue for some time so that the group can begin to identify and evaluate trends throughout the years. “You can never know when you’re going to have a certain spike from an anomaly and we don’t want to be presenting data to you that’s not statistically significant,” he said.

Kiwanis officers

The Ocean Pines-Ocean City Kiwanis Club recently installed officers for the new Kiwanis Club year, beginning Oct. 1 of this year and continuing through Sept. 30 of next year. Pictured are Past President Bob Wolfing, New President Tom Southwell, President-Elect Sarah Walker and Vice President Jim Maratea.

32 Ocean Pines PROGRESS December 2024

Ocean Pines resident spearheads effort to enact state bottle bill Deposit return system proposed in legislation to be introduced in January

By CINDY HOFFMAN Contributing Writer indy Dillon, an Ocean Pines resident, is concerned about waste. As the leader of the Zero Waste campaign on the Eastern Shore for the Maryland Sierra Club, she is organizing around the Maryland Bottle Bill, officially named the Beverage Container Recycling Refund and Litter Reduction Program, that will be considered this year in the Maryland General Assembly session, which starts in January.

The bill is a deposit return system. Beverage container deposit programs have been proven to be highly effective for recovering used beverage containers and reducing litter.

Essentially, the bill adds a small deposit to the purchase price of beverage containers that is refunded to consumers when the containers are returned for recycling.

When empty beverage containers can be redeemed for cash, consumers are more likely to return them for recycling.

Many people who regularly place their recycling out for pick up in

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Ocean Pines might think this bill is not necessary, but Dillon begs to differ.

“With a deposit system, there will be a monetary incentive to return the containers. The ten states that already have a deposit program have between a 50 percent and 90 percent recycling rate, compared to Maryland’s 25 percent,” she said.

According to the Sierra Club, the recycling rate for deposit beverage containers is two to three times higher than for containers that cannot be exchanged for cash.

States with similar programs include California, Connecticut, Hawaii, Iowa, Maine, Massachusetts, Michigan, New York, Oregon and Vermont.

Right now, about 5.5 billion beverage containers are sold in Maryland annually, according to the Container Recycling Institute. More than 4 billion containers a year, 2.6 billion of which are plastic, are left in the environment, in landfills, on road-sides, in waterways, or incinerated.

“Our goal is to achieve 90%,” Dillon said. “Another benefit is that

taxpayers and the local government will realize savings, because beverage producers will be financing the costs of collection, processing and recycling beverage containers that are currently disposed of in landfills, littered, or recycled.”

The program would rely on reverse vending machines and other new technologies for convenient container redemption to achieve at least a 90% redemption rate.

This would be good news for glass recycling here on the Eastern Shore.

Currently, there is no market for glass bottles, so Worcester County crushes the glass and uses it to help with drainage in its Newark landfill.

“Part of the difficulty with recycling glass is that with curbside pickup, it often gets contaminated.

And it is harder to sort, for instance by color, when collected this way.

With such technology as reverse vending machines, the glass can be more easily sorted, will not be contaminated, and a higher quality food grade material will be available for recycling into new beverage containers,” Dillon said.

“That should make recycled glass

OCEAN PINES more marketable. In addition, in time the Maryland Bottle Bill will launch the transition to refillable and reusable beverage container systems.”

By reducing the production of new cans and bottles from virgin materials, the additional recycling from this program would eliminate 231,707 metric tons of CO2 equivalent annually.

That’s the equivalent of removing the emissions of 50,371 cars a year, according to the Sierra Club’s Maryland Chapter.

By passing this bill, we could greatly reduce the amount of litter in beverage containers in the water ways, Dillon said.

“Those of us who are fortunate enough to live on Maryland’s beautiful Eastern Shore are tired of seeing it strewn with litter. We see it on our beaches, along our waterways, and on the sides of our roadways. As demonstrated in the ten states that already have a return deposit system, Maryland’s Bottle Bill will go a long way to correcting that problem.

“But this is also about protecting the health of humans and wildlife.

By decreasing litter, we will also be decreasing the plastic pollution that has such profound negative effects on both wildlife and humans.

We need our elected state officials to pass this bill for the health of the Eastern Shore and for the good of all of Maryland.”

OPVFD president offers holiday safety tips

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cean Pines Volunteer Fire Department President Joe Enste presented a series of holiday safety reminders and updates on ongoing department initiatives during a monthly meeting with the Ocean Pines Association Board of Directors on Nov. 23.

Enste emphasized the importance of cooking safety during the Thanksgiving holiday, noting that cooking is the leading cause of home fires during the season.

“Make sure you stay in the kitchen while frying, grilling, or broiling.

If you have any kitchen appliance on, remain nearby to react quickly if something goes wrong,” he said.

He also urged residents to keep flammable items like kitchen towels, potholders, and groceries away from stovetops.

“Accidentally turning on a burner could lead to melted plastic or burning food on the stove,” Enste said.

For those using turkey fryers, he stressed the need for extra caution.

“Make sure the fryer is far away from your house or anything combustible. And if you’re using a frozen turkey, ensure it is fully thawed.

Putting a frozen turkey into hot oil can cause a dangerous boil-over and potentially start a fire,” he said.

The fire department plans to release safety videos on turkey fryer use through its social media channels this week.

Looking ahead to Christmas, Enste highlighted the risks associated with live Christmas trees.

“Keep your tree watered, not just before Christmas, but as long as it’s in your home. A dried-out tree can ignite in seconds,” he said.

He also advised keeping trees at least three feet away from heat sources, such as fireplaces or space heaters, and using only UL-rated lights on live trees and wreaths.

“Avoid purchasing lights that may not meet U.S. safety standards, such as those sold on discount sites,” Enste warned.

Enste also provided updates on OPVFD fundraising efforts.

The annual truck raffle, featuring a 2024 Ford F-150, will conclude on Dec. 21 following the department’s Santa Ride through the community.

Tickets are $100, and the raffle includes all taxes and fees associated with the prize.

The department’s holiday Train Garden opened at the North Station on Nov. 23 at 6 p.m. and will run every Friday, Saturday, and Sunday through the New Year. [See article in the Lifestyles section of this month’s edition of the Progress for details.]

The display has doubled in size and is free to the public.

Additionally, the weekly Queen of Hearts raffle continues, with the jackpot now exceeding $53,500.

Tickets are $5, and drawings are livestreamed on the OPVFD Facebook page each Tuesday at 5:30 p.m.

For more information about OPVFD events and initiatives, visit opvfd. com or call 410-641-8272.

OCEAN PINES

December 2024 Ocean Pines PROGRESS 33

OPA partners with Garden Club for pollinator garden project

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he Ocean Pines Garden Club (OPGC) and Ocean Pines Association (OPA) are collaborating to create pollinator garden beds on Ocean Parkway medians, marking a major community initiative to support local wildlife and beautify the area.

Initiated in the summer of 2024 under the leadership of General Manager John Viola, the project took shape thanks to strong partnerships with the Ocean Pines Public Works Department, University of Maryland Extension, Assateague Coastal Bays, Lower Shore Land Trust, and Bluebird Farms.

The effort began with a call to action for native plants that could withstand Ocean Pines’ challenging

climate without regular watering.

Native plants were selected not only for their resilience to the region’s heat, humidity, and drought but also for their ability to attract pollinators critical to local ecosystems.

An enthusiastic response from community members included recommendations from University of Maryland Extension Agent Ginny Rosencranz, who advised planting “plugs” this fall for better establishment and growth.

Through the coordinated efforts of Senior Public Works Director Eddie Wells and the Public Works team, the initial garden sites were cleared, prepared, and marked with signs.

A selection team of OPGC mem-

bers identified three locations for these gardens at North Gate, South Gate, and across from Pintail Park.

The sites were chosen for maximum visibility and potential ecological benefit.

Planting plans, developed in collaboration with Master Gardener Sandy Gaffigan and Bluebird Farms’ Nancie Corbett, were crafted to provide vibrant displays across three seasons.

Each garden bed will feature an edging of grape hyacinths for a striking spring border, surrounded by groupings of switchgrass and little bluestem grass at the center.

These grasses will be accompanied by native perennials, including beardtongue, blue false indigo, and

Bradbury beebalm in the spring; butterfly weed, black-eyed Susan, purple coneflower, and threadleaf coreopsis in summer; and smooth aster, sweet goldenrod, and blue mistflower to complete the display in the fall.

The OPGC will begin planting hyacinths and grasses this fall, with plug installations planned for March.

Signage at each site encourages residents to “please BEE patient” as the garden beds establish.

Barring any major weather setbacks, the gardens should start blooming by May 2025.

This initiative offers multiple community benefits: reduced mowing needs, new pollen sources for local pollinators, and an aesthetically pleasing experience for Ocean Pines residents and visitors.

The project exemplifies the community’s commitment to environmental stewardship and partnership.

Ravens Roost swim team raising funds during penguin swim

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he OC Ravens Roost #44 “Penguin Swim Team” is once again raising money for Atlantic General Hospital as part of their 31st annual Penguin Swim which takes place at the Princess Royal Hotel on New Years Day. Last year the team raised over $9,400 and the total raised by the Team in the past 16 years is $160,000. The goal this year is $10,000.

This will be Ocean Pines residents Gary and Maggie Miller’s 17th year participating in this annual event.

To support either or both of them, visit "www.aghpenguinswim.org", click on the name of the penguin you want to donate to and then fill out the requested info.

In addition to the individual Team Members asking for donations from family and friends, the team will also hold a big raffle and the winning tickets are pulled at the Penguin Swim on New Years Day. Prizes this year include $1,000 in gift certificates to local restaurants, an Amethyst Bracelet valued at $1,050, a catered in-home seafood dinner from the Shrimp Boat and a basket of cheer.

Tickets are $10/each, three for $25 & five for $40.

The AGH Penguin Swim helps

Red Shoe Book Club

On Nov. 12, the Republican Women of Worcester County held their bi-monthly Red Shoe Book Club meeting at the Ocean Pines Library. The selected book was very timely, because it was “Hillbilly Elegy” by U.S. Vice President Elect J.D. Vance. Ten RWWC members participated. The group is organized by RWWC Literary chair, Susan Ostrowski, who is seated on the left.

the hospital support a wide variety of programs and services. Last year, the hospital provided community

benefits worth over $10 million.

These benefits included health screenings, community education,

immunizations, seminars and meetings, support groups and financial assistance.

OPA FINANCES

34 Ocean Pines PROGRESS December 2024

OPA operating fund earns $62,000 in September For the year so far, the positive variance approaches $550,000

By TOM STAUSS Publisher he Ocean Pines Association came close to replicating its September financial performance in October, according to the October financial report issued by Controller/Director of Finance Steve Phillips the third week of November.

The OPA had recorded a $49,605 operating positive variance to budget in September, but that climbed by more than $12,000 to $62,270 in October, a quite respectable result for a month when temperatures turn cooler.

That result in turn pushed the OPA’s financial performance for the fiscal year past the $500,000 mark,at the half way mark for the fiscal year. The OPA’s positive operating fund variance through October was $546,759.

October’s bottom line resulted from revenues under budget by $38,630 more than offset by expenses under budget by $100,900.

For the first half of the fiscal year, revenues were over budget by $325,802 with expenses under budget by $220,957.

The OPA continues to be heading towards another excellent year financially, even if the positive operating fund variance falls short of $1 million.

For the year through October, all amenities except for one racquet sport, tennis, were in the black, and all but tennis and the Yacht Club were ahead of budget.

For October, four amenities were in the black and six recorded operating deficits.

The amenities that generated surpluses were pickleball, golf operations, the Clubhouse Grille, and beach parking.

Recording deficits, sometimes by nominal amounts, were tennis, platform tennis, aquatics, the Beach Club, the Yacht Club and marinas.

One measure of financial success is how well an amenity is performing year-over-year.

All but two OPA amenity operations are doing better than they were through October of 2023.

Those include all three racquet sports (tennis, pickleball, and plat-

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form tennis), golf, the Clubhouse Grille, the Beach Club, beach parking and marinas.

Amenities that are not doing as well as they did through September of last year include aquatics and the Yacht Club.

Aquatics is only $10,765 behind where it was through October of last year, less than half of the differential recorded through September.

The Yacht Club has earned $169,591 less than in did through October of last year.

As it has been for all of this year, golf continues to be the OPA’s most profitable amenity year to date, with $769,890 in net earnings through October and ahead of budget by $175,555.

For October, golf netted $73,923, ahead of budget by $33,744.

Dry weather contributed to that result.

A year ago through October, golf had net earnings of $654,799. The year-over-year improvement was $115,091.

Beach parking is the second highest net producer for the OPA so far this fiscal year.

Through October, this cash cow had netted $487,961, ahead of budget by $15,197.

For the month of October, when it isn’t operational, beach parking netted $7,392, missing budget by $4,145.

A year ago through the end of October, beach parking had netted $474,510, The year-over-year improvement was $13,451.

The Yacht Club is the third highest net producer so far this fiscal year, though its year-over-year performance has significantly slipped.

Through the end of October, this venue brought in net revenue of $280,729, missing its budget target by $85,332.

For October, the Yacht Club was in the red by $44,629, missing its budget target by $59,904.

Through October of last year, the Yacht Club had netted $450,320,

compared to the $280,729 generated through October of this year. That’s a year-over-year decline of $169,591.

Marinas are close behind the Yacht Club as a revenue generator so far this year.

Through October this department earned $275,968, ahead of budget by $43,310.

During October, when marinas are not operational, they lost $2,342, but that was ahead of budget by $7,712.

Marinas are well ahead of 2023 through October. A year ago, marinas had earned $224,365 for the OPA. The year-over-year improvement was $51,603, reflecting better weather this summer over last.

The Beach Club food and beverage operation continued its tradition as a cash generator for the OPA with only three months or so of operations. It generated $273,911 in net revenue through October, better than budget by $76,965.

For October, the Beach Club was in the red by $5,542, ahead of budget by $184.

A year ago, the Beach Club had netted $238,713 through October.

That’s a year-over-year improvement in this amenity of $35,198.

Aquatics remains a revenue genu

OCEAN PINES ASSOCIATION NET OPERATING BY DEPARTMENT OCTOBER 2024

Net Operating by Department - October 2024 MONTH ACTUAL

MONTH BUDGET

$ VARIANCE

YTD ACTUAL

YTD BUDGET

$ VARIANCE

YTD LAST YEAR

YTD BUDGET LAST YEAR

GENERAL ADMIN MANAGER'S OFFICE FINANCE PUBLIC RELATIONS

6,185 (27,095) (61,966) (36,095)

2,545 (29,644) (71,026) (33,584)

3,640 2,549 9,060 (2,511)

5,971,251 (176,778) (416,835) (106,937)

5,958,960 (192,016) (469,210) (136,628)

12,291 15,239 52,375 29,691

5,812,687 (176,547) (403,716) (128,470)

5,775,080 (186,497) (441,573) (144,701)

COMPLIANCE / PERMITS GENERAL MAINT PUBLIC WORKS

(1,468) (43,443) (122,609)

(12,457) (59,002) (153,112)

10,989 15,559 30,503

(51,775) (356,799) (620,540)

(69,123) (351,210) (794,210)

17,348 (5,589) 173,670

(36,024) (401,093) (689,068)

(3,542) (355,744) (860,749)

FIRE / EMS POLICE

(84,279) (152,375)

(84,279) (160,264)

0 7,889

(505,673) (417,977)

(505,673) (472,775)

0 54,798

(504,459) (304,128)

(504,459) (443,939)

RECREATION / PARKS TENNIS PICKLEBALL PLATFORM TENNIS

(34,034) (2,646) 1,104 (1,613)

(26,941) (3,500) 12,195 (3,179)

(7,093) 854 (11,091) 1,566

(233,009) (971) 84,798 6,112

(203,720) (49) 90,670 (4,581)

(29,289) (922) (5,872) 10,693

(189,088) (14,154) 75,676 (1,405)

(209,072) 5,712 67,905 3,344

AQUATICS

(30,488)

(41,860)

11,371

190,201

162,150

28,051

200,966

176,804

GOLF OPS + MAINT CLUBHOUSE GRILLE

73,923 15,201

40,179 3,808

33,744 11,393

769,890 117,800

594,335 87,203

175,555 30,597

654,799 115,497

545,326 86,971

BEACH CLUB BEACH PARKING

(5,542) 7,392

(5,726) 11,537

184 (4,145)

273,911 487,961

196,946 472,763

76,965 15,197

238,713 474,510

177,741 424,502

YACHT CLUB MARINAS

(44,629) (2,342)

15,275 (10,054)

(59,904) 7,712

280,729 275,968

428,078 232,658

(147,349) 43,310

450,320 224,365

438,028 270,737

(546,819)

(609,089)

62,270

5,571,329

5,024,570

546,759

5,399,381

4,821,872

NET OPERATING

Source: Ocean Pines Association Finance Department

11/20/2024

OPA FINANCES

December 2024 Ocean Pines PROGRESS 35

ahead of budget by $11,393.

Through October of last year, From Page 33 the Clubhouse Grille had produced erator for the OPA so far this year, earnings of $115,497.

The year-over-year increase in with net earnings of $190,201 and a positive variance to budget through net was $2,303.

Racquet sports in the aggregate October of $28,051.

During October, however, Aquat- continues to be a profit center for ics lost $30,488, but that was ahead the OPA, led by pickleball.

Pickleball earnings through Octoof budget by $11,371.

Aquatics has slipped behind last ber were $84,798, under budget by year’s year-to-date performance. A $5,872.

For October, pickleball netted year ago through October, Aquatics had netted $200,966. That’s a year- $1,104, but that under budget by over-year decline of $10,765, a rel- $11,091.

Year-over-year has seen an inative nominal amount that can be crease for pickleball of $9,122. made up in the coming months.

Earnings through October of last Though not a high revenue earner for the OPA, the Clubhouse Grille year were $75,676.

Platform tennis is in the black consistently operates in the black.

Through October, it had net- through October, with a net of ted $117,800, ahead of budget by $6,112, ahead of budget by $10,693.

For the month, this amenity lost $30,597.

For the month, it earned $15,201, $1,613, but that was ahead of bud-

October results

get by $1,566.

Year-over-year through October, platform tennis has improved significantly, with a year-over-year increase of $7,517.

Tennis, the amenity that generates the least for the OPA in net revenue, slipped into the red for the year in October, losing $971. Tennis missed its budget by $922. The numbers are more or less break-even for the year so far.

For the month, tennis lost $2,646, ahead of budget by $854.

Year-over-year, tennis is much improved. A year ago through October, this amenity was in the red by $14,154.

The year-over-year improvement was $13,183.

Reserve funds: The OPA’s reserve fund balance through the end of October was $8.24 million, down from $8.593 million in September,

SUMMARY OPA RESERVERESERVE SUMMARY - October 2024 PERIOD ENDED 10/31/2024 Period ending Oct. 31, 2024 - Unaudited UNAUDITED REPLACEMENT

BULKHEADS WATERWAYS

ROADS

DRAINAGE

NEW CAPITAL

TOTAL

BALANCE APRIL 30, 2024

5,530,993

320,096

760,265

390,561

103,226

7,105,141

TRANSFERS FROM OPERATING FUND: CONTRIBUTIONS FROM ASSESSMENTS TRANSFER OF GRANTS/DONATIONS

1,575,152 -

1,053,850 -

-

31,405

-

2,629,002 31,405

281,641

45,275

47,598

16,315

4,806

395,635

350,000

100,000

(17,445)

(259,468)

-

(400,679) (1,971,844)

1,140,418

278,813

108,032

8,238,661

INTEREST INCOME (EXPENSE) RESTRICTED CONTRIBUTIONS: TRANSFER OF CASINO FUNDS TRANSFERS TO OPERATING FUND: OPERATING EXPENSES CAPITAL ADDITIONS

(1,694,931)

BALANCE OCTOBER 31, 2024

5,692,856

(400,679)

1,018,542

450,000

Source: Ocean Pines Association Finance Department

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$8.877 million in August, $9.15 million in July, $9.39 million in June and $9.795 million in May. This decline is standard as transfers from these funds occur to pay for various capital improvements.

The replacement reserve was funded in the amount of $5,692,856, bulkheads/waterway $1,018,542, roads $1,140,418, drainage $278,813 and new capital $108,032.

Balance sheet: As of Oct. 31, the OPA had $43.678 million in assets, compared to $43.005 million at the same time in 2023.

Membership: OPA amenities in totality have reached 107 percent of budget by the end of October, one percent better than the end of September.

Total memberships sold through Sept. 30 were 4,172, compared to 4,029 at the end of October last year.

Membership dues collected through Oct. 31 were $1,305,303, ahead of budget by $82,955.

All membership categories were ahead of budget with one exception, with tennis at 93 percent through the end of October, three percent better than at the end of September.

October cash position at $17 million

T

he Ocean Pines Association’s cash and investment position decreased almost $1 million from the end of September to the end of October, with about $17 million on hand on Oct. 30. That compares to $17.9 million in cash as of Sept. 30.

According to a report by OPA Treasurer Monica Rakowski at the Nov. 23 Board of Directors meeting, cash decreased $400,000 from the same time last year. Cash decreased $900,000 from Sept. 30 of this year.

Of the cash on hand, $11.7 million was invested in CDARs, and $62,000 in interest income was recognized for the month.

The remaining $5.3 million was invested in an insured cash sweep, treasury bills, money market and other operating accounts, diversified between two local banks.

36 Ocean Pines PROGRESS December 2024

OPINION

COMMENTARY

Windfarm decision reflects Board at its best

T

he six votes in favor of the Ocean Pines Association joining in litigation to stop the execrable windfarm atrocity off the coast of Ocean City -- one director abstained -- is an excellent example of a Board of Directors performing at a very high level of competence and good judgment.

Every OPA member should appreciate the Board’s decision. Joining litigation initiated by the Town of Ocean City and backed by the Worcester County Commissioners doesn’t actually require the OPA to share in the cost, but asking the OPA for some skin in the game should have resulted in an affirmative vote by the Board. Since no one is asking, it would be entirely appropriate for the Board to chip in at a least token contribution to the litigation effort -- let’s say $10,000.

We can afford it.

OPA Vice-President Rick Farr and Ocean City Mayor Rick Meehan in making the case during the November Board meeting for the OPA joining in the litigation achieved high levels of rhetorical excellence. Their words are recorded elsewhere in this edition for posterity.

The Progress received a call from former OPA Director Martin “Marty” Clarke early in November about the litigation, asking for our opinion about whether the Board would be willing to participate.

There was only one way to find out -- ask and lobby for it. Clarke clearly was successful in lighting a fire under Farr, and it didn’t take much to persuade his colleagues, with one outlier.

Probably not much persuasion was required because it’s so self-evident that the proposed windfarm 11 miles offshore from Ocean City is a horrible idea.

State Senator Mary Beth Carroza has been waging a so-far unsuccessful effort with the Eastern Shore delegation to stop the project from happening, laying out the potent rationales for opposition.

The cohesive participation by elected officials in Worcester County has been heartening.

What has been disheartening has been the stubborn resistance by those in state government, from the governor on down and including all the members of the Board of Public Works, to the arguments of opponents.

Earlier in November the Board of Public Works voted to approve the ruination of West Ocean City harbor to convert what is a quaint fishing and tourist mecca into a staging area for the proposed windfarm.

The conversion of the harbor into an industrial eyesore that eliminates buildings where seafood is offloaded for sale to local restaurants is the kind of trade-off that all but the most myopic politician should want to avoid like the plague.

It makes one pine for the gubernatorial tenures of Larry Hogan or the iconic William Donald Schaefer, neither of whom would have countenanced the destruction of a local fishing industry

for a project that will bring very little if any benefit to the state of Maryland.

Current Gov. Wes Moore is in some ways an agreeable character who some tout as a future savior of a Democratic party in tatters after the recent election, but his votes in favor of the windfarm and the West Ocean City harbor industrialization forfeits any expectation that his national ambitions, assuming he has them, will earn him votes on the Eastern Shore and Worcester County in particular.

No doubt he doesn’t care.

Disgusting and inexcusable. A million-dollar smile doesn’t compensate for deplorable judgment.

With the project well on its way to receiving the various needed permits to proceed, it will take the intervention of the incoming Trump administration to derail it.

In much the way the Biden administration rescinded permits for the proposed Keystone oil pipeline four years ago within days of Biden’s inauguration as president, the Trump adminis-

LETTER School board election

The Worcester County Board of Education District 5 race demonstrated our community’s dedication and commitment to education. Elena McComas, reelected with 54 percent of the vote, demonstrated her strong connection to the community and her track record of leadership on the board. Her campaign highlighted her experience, her understanding of state and federal mandates, and her ability to articulate the board’s role effectively.

Dorothy Shelton-Leslie’s campaign, while falling short, cannot be overlooked. She received 45 percent of the vote. Her message resonated with voters and brought issues like school safety, library materials, and gender identity policies into the spotlight. These are not easy challenges, but they reflect genuine community concerns that demand careful and open discussion.

This election also showed the tension between Worcester County’s predominantly conservative values and Maryland’s broader state policies. Balancing these dynamics is a difficult task for the school board, but transparency and proactive communication are crucial.

Congratulations to both candidates for running campaigns that brought important issues to the forefront. As the board moves forward, addressing these concerns constructively and openly will be vital to maintaining trust from the community.

John Huber Ocean Pines John Huber was a candidate for the district 5 school board seat in the primary election earlier this year.

tration needs to do the same to the proposed off-shore windfarm.

Billed as an eco-friendly alternative to fossil fuels, off-shore windfarms have proven to be anything but. The death of whales and other ocean wildlife has been incontrovertibly linked to these eyesores. And it’s very expensive energy to boot.

How anyone who pretends to be pro-environment and pro-wildlife could continue to support offshore windfarms is mind-boggling.

Yes, the litigation under way needs to proceed, but those with the right partisan credentials need to contact the relevant players in Trump 2.0 to throw up roadblocks to what the state of Maryland seems hellbent on pursuing.

Certainly Eastern Shore Congressman Andy Harris has the cred to make the case, as does the entire Eastern Shore delegation to the General Assembly.

If it isn’t obvious by all the electoral maps of the recent election on national television, the Eastern Shore is bright red in its political leanings, and that should get the attention of the relevant players in the new administration.

No doubt the Moore administration will be sputtering mad if a lobbying effort by local and Eastern Shore politicians succeed in tanking the windfarm.

Trump administration intervention will simply be just desserts for a bunch of Western Shore politicians who have shown no remorse for shoving a project down the throats of locals who don’t want it. -- Tom Stauss

The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. 127 Nottingham Lane, Ocean Pines, Md 21811

PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com 443-359-7527 ADVERTISING SALES Frank Bottone frankbottone@gmail.com 410-430-3660 CONTRIBUTING WRITERS Rota L. Knott 443-880-3953 Cindy Hoffman 202-489-5587

OPINION

December 2024 Ocean Pines PROGRESS 37

Change in the offing for Ocean Pines food and beverage?

K

elly Miller on his Oversight of the Ocean Pines ROC (Residents Oversight Community) Facebook page offers a heartfelt endorsement of retaining the Matt Ortt Companies as Ocean Pines’ food and beverage vendor.

He’s obviously picked up on the vibes that suggest that General Manager John Viola has embarked on a tightly controlled process that could result in a new vendor taking over management of the Ocean Pines Association’s three food and beverage venues.

The likely new management firm is Sodel Concepts based in Rehoboth Beach, owner of 12 restaurants and a wedding venue in Sussex County, with venues from Fenwick Island to Bethany Beach, Rehoboth Beach to Lewes.

The company leases and manages many more restaurants in the area, including some in Ocean City, among them the iconic Mack’a Bayside.

Seafood seems to be Sodel’s specialty, but the company also operates Italian and Mexican venues. The company’s Website shows menus that seem reasonably priced, if in some cases a little pricier than what is on the menu at the Ocean Pines Yacht Club.

But for those used to dining out on occasion, the prices don’t seem to invite sticker shock.

Here’s what Kelly Miller had to say about the possible change in food and beverage vendors.

“Seven years ago I moved [to Ocean Pines] from Baltimore County. I didn’t know a soul. Didn’t know the politics here in the Pines and quite frankly didn’t [care].

“I owned my house, loved my kids and my dogs and life was good. All of a sudden the Ocean Pines Board and politics reared their ugly head and I was looking at [former OPA director and president Larry] Perrone, [Amy] Peck and the roller derby queen and the ill effects of these turds.

“The Board was a diaper waste and turned into the behavior police.

Things changed and we got a good management team ... a great Board and amenities that are fantastic.

“I gotta tell you ... I’m not at all pleased with the potential shake-up here in the Pines with the [Matt] Ortt company. Matt Ortt turned these amenities around. He’s been here as long as I have been here.

“It’s been a good run. What he en-

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

dured over these past two years with mob rule, shaking up his employees, his personal life and his family and still hanging in there to put out a great product and professional business model is outstanding.

“For this community to consider replacing his company is gonna be a shit storm. We aren’t gonna go quietly and we aren’t gonna support your proposed change.”

Kelly Miller’s opinion should not be rejected out of hand, though it does seem somewhat premature.

There’s no signed and approved ratified contract with Sodel. Anything can happen during contract negotiations. If Viola and the Board in the end choose Sodel, they are certainly astute enough to know they’re going to have to share the reasons why, and that will include financial details of the Sodel proposal that will show conclusively, to fair-minded individuals, that it projects a more positive return to the OPA than the competing proposals.

Still, Kelly Miller will no doubt register his opinion whenever those details emerge, and he’s entitled to them.

His Facebook Page was on the front lines defending Matt Ortt during the worst of the Gavin Knupp hysteria that seemed intent on destroying the Matt Ortt name.

He pushed back powerfully on the campaign by the anti-MOC mob that tried to persuade the OPA to sever its relationship with the Matt Ortt Companies.

He was on the side of angels at the height of the hysteria more than two years ago. His continued loyalty to MOC is worthy of respect. Unquestionably MOC did turn around a history of failed management of the Yacht Club and the golf course’s food and beverage operation. The company deserves the thanks and gratitude of the Ocean Pines community.

As Miller says, it’s been a good run. Indeed it has. But after seven years of managing Ocean Pines food and beverage venues, Matt Ortt himself should be asking: Is it time for a change? Is there anything else that can be done to bring an outstanding product to Yacht Club pa-

trons, or has he reached a point of a well-timed denouement for his years of toil in Ocean Pines?

A source close to Matt Ortt has told the Progress that Matt has sensed that relations with General Manager John Viola have not been as cordial as they once were. The source suggested that Matt have a sit-down with Viola to work out any differences that might have emerged in the relationship. Did that occur?

By all accounts it did not. As the source indicated, that was on Matt.

It was certainly in his best interest to get to the bottom of any festering issues, especially since the five-year contract to manage the OPA venues is set to expire on April 30 of next year.

The Progress has also learned that another friend advised Ortt to propose an adjustment to his current management contract in ways that might have helped persuade Viola that a contract extension was in the best interests of the OPA. Did that occur? Details of the proposals submitted to the OPA in response to a request for proposals have not been released, but it would not be too surprising if MOC submitted a proposal that did not deviate materially from the current contract. That, too, was Ortt’s decision to make, with consequences that are his to bear.

The Nov. 21 closed meeting in which Viola, OPA attorney Bruce Bright and others presented details of three management proposals by all accounts was handled professionally and respectfully. Proposals were labeled A, B and C, with directors reportedly not told which vendor should be attached to each letter.

The Board is comprised of a competent, intelligent group of OPA members who no doubt could figure out the players, even though Viola wouldn’t confirm the three vendors as reported in the November edition of the Progress. He didn’t deny it either, which suggests the accuracy of the report that identified MOC, Sodel Concepts, and Touch of Italy as the three companies that bid on the OPA contract.

Here’s another fact that Miller might consider: After Viola’s more than three-hour presentation, Board

members applauded his presentation, which carried with it a clear recommendation in favor of one of the proposals. At a special meeting of the Board on Nov. 25, the directors voted to authorize Viola to initiate contract negotiations with the vendor recommended by him and the working group that vetted the proposals.

Viola and the Board continue to keep the name confidential.

The current Board contains many of the same directors that Miller labeled as great during the Knupp hysteria of two years ago. They’re no less great because they are giving respectful consideration to the recommendation of the general manager, which by all indications is Sodel Concepts.

Of course negotiations with Sodel to finalize a contract doesn’t with absolute certainty mean the Rehoboth Beach Company will be the new management company. But assuming that Sodel doesn’t try materially to renegotiate the content of the proposal it submitted, odds are there will be a successful conclusion to the contract negotiations.

The Progress has also learned that once a contract is finalized, and perhaps before it’s approved by a vote of the Board of Directors, the successful vendor will be brought in for a townhall meeting to present its vision for the food and beverage business in Ocean Pines. That’s an excellent decision by those who have been shepherding this delicate process from start to finish.

Perhaps Kelly Miller will decide it’s better to keep his powder dry until such time as a new vendor has presented plans for Ocean Pines, and financial and other key details contained in a new agreement are publicly released, as they must be, sooner or later. If the Sodel proposal is much more in the financial interest of the OPA than the current contract, then it should be apparent.

Only then will the wisdom of Viola and his working group, and the Board in accepting their recommendation, become clear for all to see.

That won’t diminish what has MOC has done for Ocean Pines during its seven-year tenure. It won’t diminish the gratitude that all OPA members should feel for the financial turn-around at the Yacht Club and Clubhouse Grille that the company produced. As Miller said, it was a very good run, indeed.

38 Ocean Pines PROGRESS December 2024

Third annual train garden at Northside firehouse Doubles in size thanks to support from local businesses

By CINDY HOFFMAN Contributing Writer ho doesn’t love a train garden during the holiday season, and Ocean Pines Volunteer Fire Department’s (OPVFD) is one of the best.

Joe Enste, the president of the OPVFD, and his dad, Don, have a long tradition with train gardens.

Joe remembers visiting the local fire station in Baltimore to see the train garden each year when he was young.

The Enstes, along with their friend Mark Libertini, have brought that tradition to Ocean Pines with their third annual train garden at the North Station Firehouse.

Both Don and Libertini had train sets at their homes while their kids grew up. Joe remembers visiting Libertini’s basement, where he had a big train display set up year round.

Now both families have brought together their train displays, as well as donations from other friends to the fire station.

“When we were little, we did not have a lot of stuff. But we looked forward to setting up the train under the tree every year,” Don Enste said.

Don remembers when he was young, his dad’s engine died. He did lawn work all summer to purchase a new engine for Christmas, at a cost of about $9. That and some other older sets from when he was young are now part of the train garden.

The train garden is bigger and better than ever this year thanks to support from local businesses. Serpone’s Pizzeria is presenting this year’s train garden as the lead sponsor. Cindy Porenski of Berkshire Hathaway and Dandy Don’s Bike Rentals are featured sponsors. Scavenger hunt sponsors include A Bagel and…, Deeley Insurance Group, My Backyard, McGee Fence Company, Preston Automotive Group and Popce’s Homemade Ice Cream.

Volunteers also stepped in to help Don and Libertini create the display, including Dave Van Gasbeck, Marshall Shord, Rick Stine and Dan Shandholtz.

Craig Thomas of Seaside Hobbies continues to keep the trains running smoothly.

W

Joe and Don Enste are part of a dedicated team of train lovers that set up the Ocean Pines Volunteer Fire Department’s annual train garden display at the North Station.

LIFESTYLES All the businesses that are supporting the train garden will be featured in the display and will be part of the answers in our scavenger hunt, Joe Enste said.

Anyone, young and old alike, can participate in the scavenger hunt.

Participants are challenged to find all the answers hidden in the display. Once completed, guests can drop their answers in the box for a chance to win. In January, the Fire Department will select one lucky winner with the correct answers to receive a special prize.

The train garden has multiple sized trains in various villages, ice skating rinks, new home construction, gas stations, hotels, a monorail and more. Matchbox cars are parked in driveways. Look for the local businesses who have sponsored this year’s train garden in the display.

While guests cannot touch the trains on display, Joe Enste’s son, Tripp, seven years old, came up with an idea for kids who want to play with some trains when they come to the display. Tripp created a kids area called Tripp’s Train Tracks.

“He set up a table with a bunch of different types of trains, tracks, cars and Legos to put together, so the kids can make their own train display,” Enste said.

While the train garden is free for all, donations are greatly appreciated. Last year, the Fire Department raised approximately $2500 from u

Serpone’s Pizzeria is the lead sponsor of this year’s train garden at the North Station Firehouse. Serpones and other sponsor businesses are all featured in the train garden.

LIFESTYLES

December 2024 Ocean Pines PROGRESS 39

Light up the Pines

The Ocean Pines Association invites residents and property owners to bring holiday cheer to the community by participating in the annual Light up the Pine outdoor decorating program. This festive event encourages households to add a sparkle to the season by decorating their homes and registering with the program. Registered addresses will be featured on a Google map available at oceanpines.org under the News section. Participants who register by the initial deadline of Friday Dec. 13, will be entered into a drawing to win one of three $50 bill credits, generously donated Choptank Electric Cooperative, the event sponsor. Additionally, the first 25 registered participants will receive a goody bag, also courtesy of Choptank Electric. Participants are encouraged to submit a photo of their lighted homes for inclusion in a special holiday video. Those interested can sign up by emailing their name, address, and phone number to info@oceanpines.org or by calling 410-641-7717 ext. 3014.

Although the deadline for the drawing is Dec. 13, registrations will remain open throughout the holiday season to allow more decorated properties to be added to the online map.

Train garden From Page 38

the train garden, according to Enste. More than 2000 people visited the train garden during the holiday season.

The train garden is being hosted at the North Station, at 249 Ocean Parkway from November 23 to January 5,2025. Hours are Frdays: 6-9 pm, Saturdays 9 am-1pm and 6-9 pm and Sundays 10am-1pm.

With the impending redevelopment of the South Station, which could start by the end of next year, Joe is already worrying about where they might be able to set up a train garden next year, as they will have to use the space at the North Station for more apparatus storage.

“When that happens, we are not going to have space for the train garden next year, potentially. We will be looking for another solution for us to put up a display. We still want to continue this tradition. This is our third year and we want to continue doing it for many years,” Enste said.

The ideal space would allow for the display to be in place for a month. Spaces such as empty storefronts or large conference rooms would be ideal.

The OPVFD would need a donated space, as this is a fundraiser. The space would be a tax deductible donation to the department.

Enste is asking anyone with leads on donated space to contact him.

Other fundraising events are continuing through the end of the year.

The Queen of Hearts weekly drawing is over $50,000, attracting more and more participants each week. Last week, over 700 people purchased tickets, Enste said.

The drawing for the truck raffle will be held on December 21. There is still time to buy tickets for the drawing. “We are on track with what we have raised in years past,” Enste said.

With close to a month left before the drawing, he hopes to sell a few hundred more tickets.

The department is working diligently to raise funds for a new firehouse and for firehouse needs. An annual appeal was just mailed to all Ocean Pines residents.

The department is continuing to work with OPA to fund the new firehouse. We are making great progress and will have updates throughout the next year, Enste said.

The Ocean Pines Volunteer Fire Department is made up of approximately 50 active firefighters, fire police officers and EMS personnel.

The career division is made up of 18 full-time and several part-time employees. This team has responded to 209 fire calls and 1329 EMS incidents this year in Ocean Pines and surrounding areas.

Aquatics Department looking for holiday ‘angels’

T

he Ocean Pines Aquatics Department is looking for “angels” to help support local children and families this holiday season.

The department started the Angel Tree program in 2014.

Each year, a Christmas tree in the Sports Core Pool lobby is decorated with angel ornaments that represent a local person or family in need.

The ornaments include a short list of needed items, such as winter clothes for a newborn, stem toys for a 10-year-old boy, and Playdough for a 4-year-old girl.

Aquatics Manager Michelle Hitchens said the department this year worked with Worcester GOLD and two local churches to identify potential beneficiaries of the Angel Tree program.

“People can come to the Sports Core, pick out a numbered ornament, write their name and phone number in our book, and then sponsor a local person or family with Christmas gifts for the holiday season,” she said. “It’s just our way of giving back and trying to spread a little Christmas cheer.”

The angel tree at the Sports Core pool is an annual tradition.

The deadline to return gifts is Dec. 16.

For more information, call the Sports Core Pool at 410-641-5255.

40 Ocean Pines PROGRESS December 2024

O

LIFESTYLES

Pine Tones Chorus to host Dec. 6 Christmas concert

n Friday, Dec. 6 at 7:30 p.m., the Pine Tones Chorus will present its Christmas Concert at a new location, the Community Church at Ocean Pines on Racetrack Road.

Admission is free and an offering will be received. At the conclusion of the concert, free holiday packets including homemade cookies, and candy canes will be given out to adults. In addition, the packets for children will include several small toys.

The concert is titled Christmas Memories and will feature spirited and syncopated selections as well as familiar holiday melodies.

Among the light-hearted, popular selections are Rockin’ Around the Christmas Tree, Silver and Gold by Burl Ives and Run Rudolph Run, a Chuck Berry favorite.

Fans of the movie “Home Alone 2” will recall the flowing melody of the song My Christmas Tree.

Traditional Christmas favorites will include: Oh Holy Night, Do You Hear What I Hear and Good King Wenceslas.

This year marks the 40th anniversary since the Pine Tones Chorus began entertaining local audiences in the Ocean Pines and Ocean City areas. The chorus is under the direction of Jenny Anderson, and includes about 40 singers from Ocean Pines, Ocean City and nearby areas.

For additional information, call the Chorus President, Dave Holloway, 610-213-7472, or Jenny Anderson, 443-655-5636.

Funding for Pine Tones Chorus activities has been from patrons and sponsorships, from the National Endowment for the Arts, through the M

Mid-Atlantic Symphony’s concerts feature tenor Jonathan Pierce Rhodes

T

he Mid-Atlantic Symphony Orchestra (MSO) is spreading seasonal cheer with its Holiday Joy Concerts this December.

The concerts will feature festive favorites and special guest soloist Jonathan Pierce Rhodes, the celebrated young tenor known for his resounding voice and captivating performances.

The Holiday Joy Concerts will take place on Thursday, Dec. 5 at 7:30 p.m. at Todd Hall Performing Arts Center in Wye Mills, Md.; Saturday, Dec. 7 at 7 p.m. at Cape Henlopen High School in Lewes, De.; and Sunday, Dec. 8 at 3 p.m. at the Performing Arts Center in Salisbury.Led by Grammy Award winning Music Director Michael Repper, the concert program will feature a blend of orchestral holiday favorites and stunning vocal solos by Jonathan Pierce Rhodes.

Audiences can expect a festive mix of timeless

classics such as It’s the Most Wonderful Time of the Year, Winter Wonderland, and Sleigh Ride, as well as beloved carols like Silent Night and O Holy Night, performed by Rhodes.

Also included in the program are the popular White Christmas, In the Bleak Midwinter, and a special rendition of T’was the Night Before Christmas, with a narrator.

Rhodes, a recent graduate of the Washington National Opera’s prestigious Cafritz Young Artist Program, is quickly becoming one of the most exciting voices in opera today. Known for his powerful stage presence and rich tenor voice, he has performed with top-tier companies such as The Lyric Opera Chicago, Opera Parallele, and The Glimmerglass Festival.

This season, Rhodes will also make his Carnegie Hall debut and appear in several high-profile

opera productions, continuing to earn rave reviews for his expressive voice and artistry.

The Holiday Joy Concerts will be a perfect way to celebrate the season with loved ones. With a blend of orchestral warmth, spirited holiday music, and world-class solo performances, this concert is sure to create lasting memories for audiences of all ages.

For tickets and more information, visit the Mid-Atlantic Symphony’s website at www.midatlanticsymphony.org.

The Mid-Atlantic Symphony Orchestra (MSO) is the only professional symphony orchestra serving southern Delaware and Maryland’s Eastern Shore with a full season of programs.

The MSO is supported in part by the Maryland State Arts Council; the Talbot County Arts Council; the Worcester County Arts Council; the Sussex County Council; and the Community Foundation of the Eastern Shore, Inc. A complete schedule of the 2024-2025 season’s Masterworks and Ensembles programs, venues, times, and other information is available at www. midatlanticsymphony.org

Foundation donates $1,200 to support OPA summer camps

T

he Mary Mac Foundation this month donated $1,200 to the Ocean Pines Association Recreation and Parks Department to help cover the cost of t-shirts for summer camp participants and counselors.

The donation continues a tradition of support from the nonprofit organization, founded by Tim McMullen in honor of his late wife, Mary. Together, the couple launched the Ocean Pines summer camp program in the 1970s.

McMullen said the money was raised through a grant from Choptank Electric Cooperative.

“Fifty years ago, Mary and I started the summer camp here at Ocean Pines, so it’s of great significance for us,” he said. “I think when we have meaningful programs for our young people, they become very attached to Ocean Pines and will become better citizens when they’re adults.

“Summertime for young people should be a period of growth, and I think these camps allow them to meet other like-minded people in our community of the same age. We also have excellent counselors, and it’s just a great way to spend

your summer,” McMullen added.

Recreation and Parks Director Debbie Donahue expressed her gratitude for the donation.

“Tim and Mary originally started summer camps, and each year they continue to help us,” Donahue said. “It really means a lot, and we appreciate tremendously the donation from Choptank going through the Mary Mac Foundation.”

Ocean Pines summer camps offer fun, educational, and social opportunities for children and teens in the community. Camp signups will resume in March 2025.

The Mary Mac Foundation is a nonprofit organization dedicatParks and Recreation Director Debbie Donajue accepts the donation ed to supporting low-income and from the Mary Mac Foundation’s Tim McMullen. homeless children. Each year, the Foundation funds local and regional youth pro- or to make a tax-deductible donation, visit www. grams in honor of Mary McMullen (1948-2012). marymac.org, or mail a check to 174 Nottingham For more information about the foundation Lane, Ocean Pines, MD 21811.

December 2024 Ocean Pines PROGRESS 41

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42 Ocean Pines PROGRESS December 2024

CAPTAIN’S COVE

CURRENTS

Glick, Silfee, Costello, Holland and Hearn win Board seats Declarant/developer casts three votes per lots it owns

By TOM STAUSS Publisher he membership of Captain’s Cove Golf and Yacht Club gathered at the Chincoteague Center on Saturday, Nov. 9, for the annual meeting of the association.

It was a packed room and a raucous crowd, most of them attending to hear the announcement of Board of Directors election results.

Many were there to see whether a slate of five candidates calling itself the A Team and endorsed by the Concerns Citizens of Captain’s Cove would prevail in the election.

This slate was competing against three incumbents who are investors in CCG Note, the Cove’s declarant/ developer, and two former CCGYC directors.

There also was considerable interest in whether the declarant/developer, CCG Note, would exercise its rights as defined in the Articles of Incorporation and By-laws and the 2012 Settlement Agreement to cast three votes for every lot it owns in Captain’s Cove.

Once totals were announced, it was clear that CCG Note had voted three votes for every lot it owns, estimated at around 1,200.

When the election results were announced by Corporate Secretary Justin Wilder, the assembled Cove members erupted in anger and dismay. The so-called A Team had gone down to defeat, even as these candidates fared much better than candidates in year’s prior who were not supported by CCG Note votes. There were some posts on local social media that three of the candidates were considering challenging the results in court, particularly the three votes per lot cast by the Declarant, but

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that had not happened before this edition of the Cove Currents went to press.

The victorious candidates for new three-year included CCG Note investors and incumbents Michael Glick, with 3,630 votes; Jim Silfee with 3,615 votes; and Roger Holland with 3,612 votes. All are Class B members of the Cove association.

Former CCGYC Director John Costello, also a former Cove department head, won a three-year term with 3,615 votes.

Former CCGYC Director and President Tim Hearn, running for the alternate seat, won 3,628 votes.

His term is for one year.

The four CCCC-endorsed candidates running as a slate did not accumulate enough votes to prevail had CCG Note not cast three votes per lot owned, but they would have come close.

The top vote-getter in the A Team was Catherine Malstrom with 1,188 votes, followed by Gini Weslowski, with 1,178 votes; Patty Borrelli with 1,174 votes; and John Hvizda with 1,163.

Alternate candidate Tom Polaski, a member of the A Team slate, recorded 1,168 votes.

The CCGYC’s audit firm, Rosen, Sapperstein and Friedlander, of Towson, Md., was responsible for counting the votes.

A spirited campaign for the A Team candidates was conducted on social media, but they faced the reality that candidates that receive the votes of Class B member CCG Note have a built-in advantage of about 1,200 votes representing CCG Note-owned lots.

Historically, about 500 to 600 votes have been cast for Class A

member candidates who do not receive CCG Note votes.

There are somewhere between 2,350 and 2,400 lots in Captain’s Cove whose owners are eligible to vote in annual Board elections, so that means historically that candidates who aren’t supported by CCG Note Class B vote receive about 25 percent of the eligible votes.

This year, the percentage was closer to 50, but for the CCCC still frustratingly less than what was needed to prevail.

A key question answered by the results announced at the annual meeting was whether the Declarant exercised its rights under the 2012 Settlement Agreement to cast three votes for every lot in owns in Captain’s Cove. The enabling provision in the agreement is language that says three votes can be cast if, in the previous fiscal year, the CCGYC lost money.

Although there is no audit report for the 2022-23 fiscal year that ended a year ago, financial reports available on the CCGYC Website indicate that the association recorded a deficit for that year. The angry shouts from the crowd at the annual meeting indicated that they objected to the three votes per lot arrangement.

In an Oct. 28 letter to the Board, the five A candidates maintained that “the 2012 Agreement states that the Developer agrees not to use its 3:1 voting right as long as the Association is not operating at a deficit as determined by an annual audit. There is no audit for FY 24 or FY 23. Without an audit, there is no provision for refusing to abide by the 2012 agreement not to use the 3 votes per lot. The voting deadline

has passed (October 25 th ) with no audit, requiring that the developer receive 1 vote per owned residential lot.

“If the 2012 agreement did not mention the need for an audit to determine a deficit (which it clearly did), we might have been able to look at other financial reports. However, none show an operating deficit for FY23 or FY24,” the candidates say. “Every board meeting we have been told we are doing great, and financial reports have shown operating surplus.”

“What has sent the association into a deficit is the accounting for bad debt reporting [that] has been handled inconsistently over the past few years, and has not been reported as operating expense either.

This is simply for illustration, as the fact remains that there is no audit for FY 23 or FY24, requiring the developer to honor the agreement and not use the 3 votes per lot,” the candidates’ letter says.

Hearn said the A Team’s reading of the 2012 Settlement is incorrect.

“The A Team is selectively editing the relevant paragraph in the 2012 Settlement Agreement. The 3:1 also exists if there is a default

by CCGYC in the agreement, as stated in the very next line of the paragraph, which the A Team intentionally deleted in their message to the Board. By not having an audit completed, this would constitute a default of the 2012 Agreement, not an opportunity for those want to deny the 3:1 margin as stated in the CCGYC organizational documents,” Hearn said.

Following the announcement of election results, association members spoke during a Members Forum, most of them critical of the election results.

Speakers included Debbie Kitzmiller, Patty Borelli, Michelle Kalinock, Tom Barton, Larry Berger, Rosemary Hall, James Hart, Sherry Sullivan, Robert Trauffer, Rob McCarthy and Joseph Mendoza.

CAPTAIN’S COVE CURRENTS

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44 Ocean Pines PROGRESS December 2024

CAPTAIN’S COVER CURRENTS

Majerus to helm association for another year

By TOM STAUSS Publisher he Board of Directors at a meeting Nov. 12 elected and appointed Board and corporate officers for the 2024-25 fiscal year.

Mark Majerus was elected to continue as association president, and David Felt and Pat Pelino were elected to serve as vice presidents. Corporate officers for the coming year were also chosen.

Majerus, Felt and Pelino will be serving as corporate president and vice presidents respectively.

Senior General Manager Colby Phillips will also serve as a corporate vice president General Manager Justin Wilder was appointed corporate secretary. Three assistant secretaries were named - Angela Winder, Charlie Getz and Jimmy Giddings, all three department heads in Captain’s Cove.

Controller Sara Shifflett will assume of the role of corporate treasurer, with Dana Massey named the assistant treasurer.

After abstaining from voting this past year, the three directors who are affiliated with Declarant/ developer CCG Note - Michael Glick, James Silfee and Roger Holland, voted in the Board organization.

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Finance Committee

After discussion, the Board agreed to Majerus’ proposal to create a finance committee of up to four Board members to ease the work load of the full Board. Budget and substantive policy issues will still be handled by the entire Board.

Areas that the finance committee will focus on include plans to implement the Cove’s capital plan, dealing with the member accounts receivables issue, and working with the Property Management Team on jump-starting the Cove’s foreclosure process.

Accounts receivable

According to a report on current accounts receivables, there are 836 property owners delinquent in paying their dues, up from 553 the previous month. There are 745 accounts in which the member is at least one billing cycle behind in paying dues. There are 34 members who owe less than $100.

ECC applications

General Manager Justin reported that the Environmental Control Committee has handled 137 applications since Jan. 1 of this year, with 26 new home projects approved and seven not approved.

He’s still looking for candidates to fill a vacancy on the committee.

In a generally quiet meeting, the Board approved the annual applications for committee status for the CERT committee and the potluck committee.

Board meeting dates

The Board discussed but did not set meeting

dates for the coming year, leaving that to Phillips to decide.

Majerus said Board meetings should be held after the 21st of the month to allow time for financial statements for the previous month to be prepared. Meetings generally will begin at 3 p.m. with a hard stop at 6 p.m.

The meetings will be held bi-monthly, with formation of the finance committee making it possible to address time-sensitive issues. The schedule can be revisited or special meetings called as events warrant.

Political sign regs

The Board approved new sign regulations for elections, limiting each property to no more than one sign for Board of Directors elections and three signs for federal, state and local elections.

Each sign can be no larger than six square feet.

There are restrictions on how soon a sign can be placed prior to an election and how soon after the election it should be removed, with different rules depending on the election category.

To Page 46

Post on social media construed as a threat of gun violence Association asks local law enforcement authorities to investigate

By TOM STAUSS Publisher ocial media reaction to the outcome of the 2024 Board of Directors election ranged from calls for Cove residents to withhold their annual dues to one post that was perceived by both victorious candidates and sitting directors as a threat of gun violence against the winners.

A post obtained by the Cove Currents advised a member who decided not to pay dues in protest of the election’s outcome “to make sure you’re putting your money into an investment that pays the same percentage as what they’ll [Cove management] charge you in interest.”

That advice seemed to indicate that withholding dues might not in the end succeed in changing the outcome of Board elections and would carry with it financial consequences.

If unpaid dues reach $5,000 in arrearage and penalties, the Cove association has the right to initiate foreclosure proceedings. If a lot is improved with a home, it is likely to sell in a foreclosure action.

The post that was interpreted as a possible threat of gun violence mentioned that “Virginia is an Open Carry state, and a dead man can’t run for a position to the HOA. Now who wants to spend their retirement years in prison?”

Perhaps the last sentence was intended as a warning for members not to engage in gun violence if they wanted to avoid prison in their retirement years.

The post was referred to law enforcement authorities to determine if it was a credible threat, as it’s not the function of the Board of Directors or Property Management Team to determine.

One result of the possible threat was a decision by CCGYC Board and management to hold the Nov. 12 meeting of the Board by Zoom only. Normally Board meetings allow for in-person participation and on-line access via Zoom.

In an email blast, Senior General Manager Colby Phillips said the post had been referred to the local authorities for investigation.

Teresa Birckhead, president of the Concerned Citizens of Captain’s Cove, posted on the Captain’s Cove Residents Page a warning that “whatever you post on this page is shared with the BOD [Board of Directors]. Even if you don’t really mean it, they [the directors] will take it that you do.”

She said that is what “happened in regards to a threat,” an apparent reference to the mention of Virginia as an Open Carry state. “Don’t hint of using guns ... taking someone out, etc. This controlling Board will use it against you.”

She said the consequence of such action can include suspension of a member’s rights to access community amenities.

“Making physical and violent threats on social media is a serious matter and can be criminal, so avoid any kinds of remarks that can be construed as threatening,” she said. The post referring to Virginia as an Open Carry state was taken down by site moderators.

Newly elected Board alternate Tim Hearn was not impressed with Birckhead’s advice.

“One of the most telling things about her post is that it is completely devoid of having any responsibility for reporting the presence of violent posts to the police department or even the Board members who were targeted. She takes credit for having the post taken down by the moderators, but from my perspective, to solely do that with out notifying the impacted people of the threat, just makes Birckhead and moderators complicit in hiding the violent intent,” he said.

S

CAPTAIN’S COVER CURRENTS

December 2024 Ocean Pines PROGRESS 45

CAPTAIN’S COVE CURRENTS

46 Ocean Pines PROGRESS December 2024 Board meeting From Page 44

Service animal policy

The Board also approved a policy for service and support animals needed for support of members who are on association property. Two different policies were approved, with no application needed for service animals. Support animals will be allowed for those who fill out the application that is posted on the Cove Website.

The policy has been delayed for several months, but seven directors were prepared to give their OK to the policy at the Nov. 12 meeting.

Legal update

Director Dave Felt reported on the Troon litigation, expressing hope that there will be an outof-court settlement but acknowledging that the pace of negotiations has been glacial.

Majerus also said the association is waiting for the judge in the Birckhead and Leslie-Reece litigation to sign the order putting in writing the decisions he delivered from the bench in September.

He said the CCGYC vs. B. Ward lawsuit is on hold, with the possibility that county administrative action will resolve the issues in dispute.

The Board has agreed to add to future meeting agendas a comment period for directors, providing an opportunity to bring up topics of interest.

Board approves expanded lot sale program Contract with Robert Smith of Monument Sotheby’s to sell up to 78 lots is now in effect, has already produced two sales

By TOM STAUSS Publisher embers of the The Board of Directors during their Nov. 12 monthly meeting voted unanimously to approve a contract recommended by the Property Management Team to Robert Smith of Monument Sotheby’s Real Estate to sell up to 78 lots in the Captain’s Cove inventory.

The lot sale program for much of this year has been a pilot program of about 20 lots on the market, but the Board and PMT wanted a much more robust program. Smith’s proposal met those parameters and won out in an open bid process that began in early summer.

Initially, the plan was for up to 90 lots to be sold, but a vetting of lots initially identified as appropriate for sale resulted in some lots being disqualified for sale because of perk issues, wetlands problems or geographic reasons, perhaps because they were too steep to allow for future home construction, Captains’ Cove Golf and Yacht Club President Mark Majerus told the Cove Currents.

The parties agreed to a flat $1,000 commission paid to the association for every unimproved lot sold, but no commission will be paid on lots sold as a lot-new construction package, he said.

“We benefit by a lot sitting in an unsold inventory being sold that will become dues-paying,” u he said.

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December 2024 Ocean Pines PROGRESS 47

CAPTAIN’S COVE CURRENTS Lot sale program

From Page 46 The contract is for one year, renewable for a second on the agreement of the parties.

Senior General Manager Colby Phillips confirmed in late November that the first lot in the program had been sold.

In a Nov. 29 telephone interview, Smith told the Cove Currents that a second lot is under contract.

He made it clear that his intent is to sell most of the lots in lot-home packages, and that he has lined up three builders that are willing to build spec home on the lots that they purchase.

Smith said it is in the best interest of the community for more homes to built, and the pace of new construction to increase to quicken, and that spec homes in Captain’s Cove are quickly sold once they’re put on the market, sometimes even before they’re completed.

“Look around, and you’ll see that Captain’s Cove is a really affordable option for a new home, in a community with number one amenities,” he said, adding that a home that might sell for a certain dollar amount in Ocean Pines might sell for half that in Captain’s Cove.

“Sure, Captain’s Cove might not have seven restaurants within a few miles, but you have the excellent Marina Club for dinner and Chincote-

ague isn’t that far a drive.

“My builder friends back in Maryland tell me how amazed they are about the price points in Captain’s Cove for waterfront homes and interior homes,” he said.

The Board initially considered a recommendation by the PMT at the Aug, 26 for a program to award a contract to Smith for a program to sell up to 90 lots in the Captain’s Cove Golf and Yacht Club inventory. But on the suggestion of Majerus, the Board decided to postpone a decision on the issue until its September meeting.

The process took a little longer than that.

The directors wanted to see contract language before approving the PMT’s recommendation and in particular were interested in how soon the association can expect to see revenue from lot sales.

They would like to see revenue generated in the 2024-25 fiscal year.

The current pilot program netted about $33,000 this year on the sale of ten lots.

In the new program, the Board wants to see a much more aggressive marketing plan.

General Manager Justin Wilder, in introducing the PMT’s recommended option, said that revenue might not materialize until the latter months of the 2024-25 fiscal year and that Smith is proposing a second year in the contract.

Majerus asked Wilder to explore with Smith the possibility of a one-year contract with an op-

tion for a second year, rather than a two-year contract at the outset.

Smith agreed to the one year with an option for a second.

Wilder said that the Robert Smith proposal was one of three submitted before the Aug. 1 deadline, adding that his proposal has other real estate firms teaming up to assist. He noted that as of Aug. 22, there were 102 active lots for sale in Captain’s Cove.

The 78 lots that would be part of the new sales program would almost double the number listed.

Wilder said that Smith is proposing the expenditure of $38,000 to aggressively market the lots selected for sale.

In the first two months after the contract is executed, digital materials for the marketing Website and social media would be created, with months three to six needed to design and activate those sites, Wilder said. By months seven to 12, “you should start to see revenue” from sales, he added. Expenses for the creation of these materials will be borne by Monument, not CCGYC. Wilder then told the Board that Smith would want a second year in the contract to continue to market the lots.

That’s when Majerus suggested it would be better to table the proposal until a contract could be drafted, perhaps with one year guaranteed and a second year as an option.

48 Ocean Pines PROGRESS December 2024

Hearn vows to fulfill promise to jump-start foreclosure process

CAPTAIN’S COVE CURRENTS

Hiring of multiple law firms to assist is a key element of his plan

By TOM STAUSS Publisher ewly elected to the alternate seat on the Board of Directors, Tim Hearn isn’t giving up on his idea to jump-start the process of foreclosure sales of delinquent properties, which has slowed down significantly this past year and from the years after 2012 that Hearn served as president of Captain’s Cove Golf and Yacht Club.

Jump-starting the foreclosure process was his announced primary reason for running as a candidate in this year’s Board election.

Foreclosure sales that result in the CCGYC acquiring title to a property means a reduction in the reserve for delinquent accounts line item, a cost savings.

Foreclosures also can result in property owners clearing up the delinquency, bringing in needed reve-

N

nue to the association.

Eventually, it can lead to the association selling the acquired property in a foreclosure auction and reaping financial benefit that way.

In announcing his idea for jump-starting foreclosures, Hearn said that one idea he has is to bring in multiple law firms to assist in the foreclosure process, not relying entirely on Pender and Coward, the Virginia Beach law firm who handles delinquent accounts for CCGYC. With about 500 accounts carrying a sufficient balance to proceed with foreclosure -- the threshold for legal action is $5,000 -- Hearn said his idea was to hire five law firms to handle about 100 accounts each that could lead to foreclosure.

If the activity doesn’t lead to foreclosure but instead leads to the delinquent property owner paying what is owed the association, so

much the better, Hearn has said.

But it’s the threat of foreclosure, and a property’s inclusion on a list of properties to be foreclosed, that often is the most successful means of clearing an account.

Now that he’s a Board member, albeit one with voting rights only when another director is unavailable, Hearn will be working with his colleagues to bring new energy to the collection efforts.

There’s been no pushback among his colleagues to his idea for hiring additional lawfirms to work through the delinquency list, he said.

CCGYC President Mark Majerus proposed and the directors agreed at the November Board meeting to establish a new finance committee to work on a variety of financial issues so the entire Board is relieved of some duties.

The Board will be meeting on

a bi-month schedule, while the finance committee will be meeting more frequently.

One of the issues the new committee will be confronting is accounts receivable, suggesting that Hearn’s idea for an expedited foreclosure program will be discissed and implemented.

Hearn said he believes that creation of this new committee of directors will be part of the effort to jump-start collection efforts.

“I hope we can get this process moving as quickly as possible,” he said, noting that the Cove’s accounting firm requires the association to set aside reserves to cover bad debts, and this in turn is reflected on the association’s financial documents, including its end-of-year statement of revenues and expenses.

Though a non-cash accounting entry, the practical result of a reserve for bad debt is that what otherwise would be an operational surplus is turned into a deficit, making the Cove’s finances look worse than they actually area, Hearn said.

“We need to get these accounts receivable under control,” he said.

December 2024 Ocean Pines PROGRESS 49

CAPTAIN’S COVE CURRENTS

New Captain’s Cove playground arrives New Captain’s Cove playground equipment was assembled in November and available for use by mid-month. The Board of Directors approved the project as presented by Senior General Manager Colby Phillips in September, after some cost-cutting. The Cove’s reserve study had recommended the upgrade because the old playground was past its expected shelf life. The project was budgeted for $68,000, and the actual cost was within budge at 67,822. Photos by Robert J. Smith.

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50 Ocean Pines PROGRESS December 2024

CAPTAIN’S COVER CURRENTS

CAPTAIN’S COVER CURRENTS

December 2024 Ocean Pines PROGRESS 51

Association off to solid start in new fiscal year AnnualÊBudgetÊ-ÊComparative

Entities: ActiveÊPropertiesÊandÊCorporateÊEntities

CCGYC records $186,748 in net income for first month of 2024-25 fiscal year AsÊof: OctÊ2024

By TOM STAUSS Publisher he first month of the 2024-25 fiscal year for Captain’s Cove Golf and Yacht Club started out very well financially, with the association recording net income of $186,748.48.

Total income for the month was $643,311.81, and total expense was $456,562.23.

The association also outperformed its budget for the month.

The positive variance to budget was $11,335.48. The budgeted net income was $174,413.

The expense portion of the October income statement included a bad debt expense of $30,608, ahead of budget by $1,316.

Bad debt expense can be considered a non-cash expenditure that perhaps doesn’t belong in an income statement, but the association is following the lead of its auditing firm in treating bad debt as an operating expense.

In any event, even with bad debt expense included, the association was in the black for the month.

Those who contend that the Cove association overspends and needs to better control spending find little support in the financial results for the first month of 2024-25. It appears the Property Management Team is already very much engaged in controlling expenses.

Granted, it’s only one month, and one month does not predict what will happen in the months that follow. Even so, October falls into the time of year when activties and revenues slow at the Cove’s cash-producing amenities, so perhaps it’s an indicator of what could happen in coming months.

Income for the month included $500,753 in dues and assessments, $45,304 in golf fees and pro shop income, $81,165 in food and beverage income, $9,345 in Marina Club activity, and $2,793 in accounts receivable collections.

Expenses included $30,074 in cost of sales, $8,054 in food and beverage expense, $30,402 in general and administrative expense, $13,213 in payroll burden, $19,777 in professional fees, $31,514 in road and maintenance expense, $166,414 in payroll expense, $33,962 for utilities, and $22,185 for health insurance and workers compensation.

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AdditionalÊAccountÊTypes: None

Captain’s Cove Golf and Yacht Club - October 2024 Financial results

AccountingÊBasis: Accrual

LevelÊofÊDetail: SummaryÊView AccountÊName

MTDÊActual

MTDÊBudget

MTDÊ$ÊVar.

MTDÊ%ÊVar.

YTDÊActual

YTDÊBudget

YTDÊ$ÊVar.

YTDÊ%ÊVar. AnnualÊBudget

Income 500,753.06

488,483.00

12,270.06

2.51%

500,753.06

488,483.00

12,270.06

2.51%

5,879,791.00

CCGYCÊLotÊSales

0.00

5,500.00

-5,500.00

-100.00%

0.00

5,500.00

-5,500.00

-100.00%

66,000.00

GolfÊFees/ProÊShop Income

45,303.69

42,000.00

3,303.69

7.87%

45,303.69

42,000.00

3,303.69

7.87%

143,000.00

DuesÊandÊAssessments

FoodÊ&ÊBeverageÊIncome

81,165.40

80,690.00

475.40

0.59%

81,165.40

80,690.00

475.40

0.59%

1,136,357.00

MarinaÊClubÊActivity

9,344.93

6,486.00

2,858.93

44.08%

9,344.93

6,486.00

2,858.93

44.08%

293,980.00

MISCÊINCOME

3,937.81

4,150.00

-212.19

-5.11%

3,937.81

4,150.00

-212.19

-5.11%

29,975.00

InterestÊIncome

12.66

10.00

2.66

26.60%

12.66

10.00

2.66

26.60%

11,872.00

ARÊCollectionsÊ-ÊLegal Fees

2,793.26

7,500.00

-4,706.74

-62.76%

2,793.26

7,500.00

-4,706.74

-62.76%

90,000.00

TotalÊOperatingÊIncome

643,310.81

634,819.00

8,491.81

1.34%

643,310.81

634,819.00

8,491.81

1.34%

7,650,975.00

CostÊofÊSales

34,074.12

36,045.00

1,970.88

5.47%

34,074.12

36,045.00

1,970.88

5.47%

491,405.00

FoodÊ&ÊBeverage Expense

8,053.84

8,300.00

246.16

2.97%

8,053.84

8,300.00

246.16

2.97%

90,150.00

Expense

GolfÊOperations

1,504.95

5,351.00

3,846.05

71.88%

1,504.95

5,351.00

3,846.05

71.88%

93,612.00

GeneralÊand AdministrativeÊExpenses

30,402.37

24,041.00

-6,361.37

-26.46%

30,402.37

24,041.00

-6,361.37

-26.46%

476,694.00

BadÊDebtÊExpense

30,608.65

31,925.00

1,316.35

4.12%

30,608.65

31,925.00

1,316.35

4.12%

1,258,200.00

Permits,ÊTaxesÊ& Licenses

0.00

50.00

50.00

100.00%

0.00

50.00

50.00

100.00%

22,375.00

WaterfrontÊExpenses

6,416.31

3,000.00

-3,416.31

-113.88%

6,416.31

3,000.00

-3,416.31

-113.88%

11,000.00

PAYROLLÊBURDEN

13,213.06

12,194.00

-1,019.06

-8.36%

13,213.06

12,194.00

-1,019.06

-8.36%

181,594.00

ProfessionalÊFees

19,777.41

29,933.00

10,155.59

33.93%

19,777.41

29,933.00

10,155.59

33.93%

400,400.00

RoadÊandÊMaintenance Expenses

31,514.30

25,200.00

-6,314.30

-25.06%

31,514.30

25,200.00

-6,314.30

-25.06%

250,400.00

PAYROLL

166,414.26

159,397.00

-7,017.26

-4.40%

166,414.26

159,397.00

-7,017.26

-4.40%

2,301,616.00

Utilities

33,960.62

38,308.00

4,347.38

11.35%

33,960.62

38,308.00

4,347.38

11.35%

335,596.00

254.93

400.00

145.07

36.27%

254.93

400.00

145.07

36.27%

6,000.00

ActivityÊGroupsÊ& Committees

CreatedÊonÊ11/25/2024

Source: Controller Sara Shifflett

PageÊ1

52 Ocean Pines PROGRESS December 2024

CAPTAIN’S COVE CURRENTS

August 2024 Captain’s Cove CURRENTS 14 December 2024 Ocean Pines PROGRESS 53 on that road don’t have to worry so ment, she s id the plaintiffs have ation is going to pay money to put much about that ridiculous flooding not established that any action or From Page 9 a bulkhead on Starboard Street, that you saw,” Duffy said. an action by the Association related that same enjoyment to property of along the street, mind you, rather to the 2012 settlement agreement having the paved roads. They want than [forcing] CCG Note to bulkis a violation of the governing docEMS station issue It be shows $837,627 operating fund deficit, but includes as an operating expense a $2.07 million bad debt write-off; to able toado that to other areas head its lots on the marsh side... uments.

Duffy said she thought this issue in the community. And as we’ve es- write-off without this operating would have shown a profit of $1.233 million “Therethe is absolutely no fund require“The Association is entitled, via tablished through the evidence, this ment by the Association for own- was laid to rest earlier in the trial. the governing documents, to enter By TOM STAUSS soon, the auditors will begin work on the audit revenues, expenses and changes in fund balances.

“You heard testimony from Mr. is all authorized conduct. It’s in the ers on the marsh side of Starboard into contracts, which would include Publisher report for the 2024 fiscal year that ended on Sept.

The general operating fund balance at end Declaration, and it’s also in the ar- Street to install a bulkhead. And Majerus this afternoon. The Associ- entering into a settlementthe agreehe audit report for the beleaguered 2021-22 30 of this year. of the year is shown at $7,685,282, up from a fund ticles of incorporation. And I think you heard some testimony as to ation never approved the {proffer} ment. So there’s no question that fiscaltried year to was finally posted “We do not express an opinion on the at the beginning of the year of $6,829,393, statement.

Nofinancial one has balance asked the plaintiffs avoid thisdelivered article and why Webthat is.

That marshland is Association entering into areport. settlement on the Captain’s Cove and Golf Club’s statements of the Association,” the 2022 report as recorded the prior year’s audit to approve the [proffer[ insimply as much as possible, but I remind heavily regulated. It would be very agreement is not an {action beyond site in mid-November. said.

Instead the company explained its basis for The auditors for reasons that were not exyou, Your Honor, the Articles of In- difficult to get [bulkhead] permits. statement. There is no vote. There’s legal authority.]

As expected, the auditors, Rosen, Sapperstein what it called a disclaimer of opinion. plained adjusted the beginning balance by addcorporation, Article 2, paragraph 2, On some occasions, you can’t even no plan to make a vote. Quite simand of Towson, did not issue “The Association has notply, maintained ingis $1,693,517 to the previous year, resulting in a this is notadequate anything that being thatFriedlander, the Association has theMd., right do dredging. a so-called clean audit because financial state- accounting records for the year [that] ended Sept. restated beginning year fund balance considered by the Association.

Roadoffinancing issue for 2022 to repair, maintain, rebuild and/or everunable‘And ments for the first half of the fiscal year,“The whenAssociation 30, 2022, has and only we were to obtain sufficient of $8,522,909. in light of the fact, Your HonDuffy then spent considerable beautify all streets and fairways. to be installed the Cove was managed by a subsidiaryrequired of Troon bulkheads appropriate audit evidenceor,tothat determine whethA typical member of closing CCGYCremarks might regard CCG Note doesn’t even own time in her to disWhile she said there is no active on lots on a canal and on a paved Golf, could not be verified. er the balances in the statement statements ... the results as reflecting an association that perplan to pursue roads build-out in road. That is not the marsh side Hastings Mariner anymore, I would cuss the 2012 settlement agreement CCGYC is currently engaged in litigation with were fairly presented in accordance with account- formed poorly in 2022, but on page 15 there’s a Captain’s Cove, “it is all conduct of Starboard Street. So there is be quite surprised to see if this ever with respect to the issue of financTroon to recover funds that the association con- ing principles generally accepted United schedule of expenses that construction. might suggest otherbecomes in anthe issue for the board. ing new road which is authorized by the governwe’re goingoftoAmerica ignore CCG tends were improperly accounted for by no theway manStates or whether“But accounting princiwise. beyond that, your honor, “The Association hasn’t completeing document. There is also noth- Note’s failure to put up a bulkhead, agement company. A forensic audit of the miss- ples have been consistentlythere applied between The auditors included an expense item is no actual2021 case of controverly walked away from this document ing about the proposed plan with because there’s no requirement for ing months was conducted by an independent and 2022.” $2,070,800 -in a bad debt expense writesy with respect to the EMS station, and said, oh, well. No. What the respect to these roads that indicate Note to put a glance, bulkhead. firm, CohnReznick, and the parties areCCG engaged At up first the report that has beenisposted off, action. which was the largest the because there no planned Association has component done after oflearnsome form of singular benefit to I want to remind you, Your in slow-moving negotiations to arrive at a “And settleon the Cove Website suggests a year that ended $7,370,947 in general fund expenses for the year.

There’s not even anything in front of ing that there was an issue with a CCG Note. the purpose of the bulkhead ment that could result in a substantial Honor, payment in an operational deficit, with “a deficiency of revA bad debtprovision write-off within is a non-cash, non-operit, is despite not She then moved on to the Star- that’s been proposed for Starboard the Board to consider. to the association. enues over expenses” in the amount of $837,627. ational expense.

RS&F apparently has taken a “What the plaintiffs want you having a loan that was represented board Street bulkhead issue.

Street, protect Starboard.

Meanwhile, though, the association had beenit’s toTotal revenues were $6,533,320 conservative to accounting for CCGYC’s to do is while issue expensan advisory opinion, approach as existing at the time of the settleto reduce the flooding so that which I know your honor is without a completed audit for the yearIt’s in queses were $7,370,947. protracted accounts receivable challenges, writvery well ment agreement, and despite efforts Starboard theofother the class A page tion, which inStreet turn delayed completion the homeowners, These results are on four of the audit reing off a lot of debt from prior years that may or aware, is not permitted,” she said. u by the board early on to actually ob“The plaintiffs have made X have and homes 2023 audit

by RS&F. Once thataisbig done,members expected who port, on lots a schedule that’s labeled a statement of Citing the 2012 settlement agree-

CAPTAIN’S COVE CURRENTS deal about the fact that the AssociDuffy

Audit report for 2022 finally arrives

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54 Ocean Pines PROGRESS December 2024

CAPTAIN’S COVE CURRENTS

Attorneys await judge signing order

A

Would conclude Birckhead litigation at Circuit Court level while triggering a 30-day appeal windows

s November drew to a close, attorneys for Captain’s Cove Golf and Yacht Club and CCG Note, the Cove’s declarant/ developer, were still waiting for Accomack County Circuit Court Judge Lynwood Lewis to sign a recently submitted draft order reflecting a September bench decision on the Birckhead and associated Les-

lie-Reece litigation.

An informed source told the Cove Currents early in the last week of the month that he had been informed that the plaintiff’s attorney, Douglas Kahle, had agreed to the text that had been drafted by the defendants’ attorneys while continuing to object to the judge’s decisions that are contained within it.

In effect, Kahle is agreeing that the draft order accurately reflected the judge’s decisions.

With attorneys for both sides apparently notifying the Court that there is agreement on the text, with no hearing needed to argue over the order’s language, there is little reason for the judge not to sign off.

“It should happen very soon,” the

source said.

Once the order is signed, the window opens for the plaintiffs to appeal various decisions by the judge in which they disagree.

There have been various statements on social media indicating that an appeal on at least some of the rulings by the judge are possiu

Audit report

From Page 53 may not be collectible. The Board of Directors on occasion has authorized write-offs, which appears to be a consistent recommendation of RS&F. In prior years, the former auditors, Trice Geary Myers, utilized an alternative method to account for bad debt, a bad debt reserve. Had TGM conducted the audit for 2022, the year might have a shown an operating profit. Without the bad debt write-off, total operating expenses for the year would have been $5.3 million.

Operating revenues would have remained at $6.533 million. The difference would have produced an operating profit of $1.233 million for the year ($6.533 million - $5.3 million), an 18 percent positive margin on $6.533 million in revenue.

“This shows that the property management team did a great job, especially when having to also overcome the challenges that Troon left them from the first six months of the fiscal year,” Cove alternate director Tim Hearn said in a Nov. 25 email to the Cove Currents.

“In prior years, the former auditors utilized an increase in the bad debt reserve method to account for bad debt; RS&F is using the more conservative write-off process,” Hearn said.

In a recent posting on the Cove association’s member forum, Hearn said a town hall meeting to delve ionto the 2022 audit could be conducted once the negotiations with Troon are completed, with what he hopes will be a significant cash settlement for CCGYC. Hearn suggested that any cash settlement received by the association would probably show up as revenue in the year it’s received, rather than in a restated 2022 audit report.

CAPTAIN’S COVER CURRENTS

by ORDERS that judgment be Court order From Page 54

ble. An earlier decision regarding ownership and access to Captain’s Corridor by a retired judge who handled an earlier phase of the protracted litigation is perhaps the most likely item to be appealed.

Appeals to the Court of Appeals must be considered under state law, with the process taking up to two years or even more.

Some of Kahle’s objections to the September rulings could form the basis of an appeal of the judge’s rulings and that of retired Judge Revell Lewis III in February pertaining to the ownership and access to Captain’s Corridor in the vicinity of a planned townhome development at the east entrance into Captain’s Cove.

The draft order reads as follows: “Came all parties on June 11 and 12, 2024, by and with their counsel, for trial on the merits of the Plaintiff’s claims in their Complaints, as amended, in the two actions listed in the caption of this order, against the Defendants.

“Whereupon the Plaintiffs proceed to present evidence in support of their cases-in-chief against all defendants.

“At the conclusion of the Plaintiff’s cases-in-chief, each Defendant moved to strike the Plaintiffs’ evidence as insufficient as a matter of law and for judgment in its favor on the grounds stated in the record.

Whereupon the Court heard argument from all counsel in favor of and in opposition to the motions.

“Following argument on the motions to strike, the Court took the motions under advisement, whereupon the Defendants proceeded to present evidence in support of their cases-in-chief. At the conclusion of the evidence, each Defendants renewed its motion to strike, which the Court again took under advisement. The parties then proceeded to give their summation, following which the Court the proceedings to consider its decision.

“For the reasons stated on the record in open court on Sept. 24, 2024, this Court, sitting as the trier of fact, and based on the law and the evidence presented by the Plaintiffs and the Defendants, FINDS that the evidence of the Plaintiffs and the legal arguments of their counsel to be unpersuasive on the merits, as to each count claimed in these matters. Accordingly, the Court hereby FINDS its verdict for each Defendant on the issues joined, and here-

entered in favor of each Defendant as to all of the Plaintiffs claims them on both cases tried.

“This is not a final order.

There remains for adjudication a claim by Defendant Captain’s Cove Golf and Yacht Club for an award of attorney’s fees and costs pursuant to Va. Code Subsection 55.1-1828(A) as the prevailing part in this action upon which the Court must still rule in order to dispose of the entire matter before the Court. Unless

December 2024 Ocean Pines PROGRESS 55 a party requests and the Court enters a suspending order, the order entered by this Court on the Defendants’ claims for attorneys’ fees will dispose of the entire matter before the Court and shall be final as contemplated by Rule 1:1 of the Rules of the Supreme Court of Virginia. The parties are directed to meet and confer on a schedule for any discovery to be conducted on the issue of attorneys’ fee and for entry of an order regarding same. Counsel shall thereafter contact this Court regarding a date and time to be heard on the issue of attorney’s fees should an evidentiary hearing be neces-

sary.

“And this cause is continued.”

Asking the judge to sign the draft order were attorneys James W. Walker and Alison Duffy, of O’Hagen Meyer, of Richmond Va., representing CCGYC, and Mark R. Baumgartner and associates from Pender and Coward, of Virginia Beach, Va., representing CCG Note.

Kahle, the plaintiffs’ attorney, presented a document objecting to the proposed order for many of the same reasons he cited during Court proceedings.

56 Ocean Pines PROGRESS December 2024