January 2023 Ocean Pines Progress

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COVER STORY

Viola proposes a $21 reduction in assessments No change anticipated in the waterfront differential; slight increases proposed in membership dues, daily fees stay the same more likely than not to prevail if case tion, says former OPA director Judge Oglesbu grants temporary injunc-

Janasek ban ‘bad faith’ in

Aty acted in

majority that a Worcester County Circuit Court tion of “bad faith” against a Board of Directors nother case, another day, another determinaPublisher

By TOM STAUSS

BoardJudge majorisays former proceeds to next level

By TOM STAUSS Publisher eneral Manager John Viola is proposing a $16.635 million preliminary draft budget for 2023-24, one that calls for a $21 decrease in the base annual assessment, no change in the $615 waterfront differential paid by canalfront property owners in Ocean Pines, modest increases in most amenity membership dues, and daily user fees that generally are the same as the current year’s.

All amenity membership dues except for platform tennis would increase modestly, as would beach parking passes. Daily user fees are not projected for increases.

The proposed preliminary budget calls for a base assessment of $875, $21 less than the current $996. But that’s a fluid number, subject to change as the Budget and Finance Advisory Committee and the Board of Di-

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rectors review the budget.

A year ago, the preliminary draft budget for 2022-23 proposed a $1 decrease in the assessment, from $996 to $995, and it ended up at $896, a $100 reduction, by all accounts an historic achievement.

In 2021-22, the preliminary draft budget proposed a $121 increase, the Budget and Finance committee John Viola trimmed it to $35, and the final approved version of the budget increased it only $10 to $996.

In explanatory remarks released with the posting of the preliminary proposed budget on the Ocean Pines Association Website Dec. 27, Viola attributed the proposed $21 decrease to what he calls a “true-up component reTo Page 3

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Janasek, OPA settle contentious lawsuit

Former Ocean Pines Association Director Tom Janasek has settled his lawsuit against the Ocean Pines Association and four named defendants, on terms favorable to him, including the payment of $18,750 in legal expenses by the OPA’s insurance company to his attorney. The agreement to pay legal expenses is a coup, as it rarely happens in state cases when a plaintiff prevails on the merits. ~ Page 8

Daly to offer motion critical of MOC; Farr calls it a ‘hit job’

Ocean Pines Association Director Frank Daly has confirmed reports that he intends to offer a motion possibly as soon as the January Board of Directors meeting alleging that Matt Ortt Companies staff did not follow established policy in handling the incident last June at the Yacht Club tiki bar involving former directors Tom Janasek and Josette Wheatley.

Director Rick Farr: “This is all a political hit job designed to shift blame and deflect responsibility for their [Daly and Colette Horn’s] own poor judgment, violation of OPA governing documents, and ignoring of legal advice” in the handling of the Yacht Club incident.” ~ Page 13

INSIDE THIS EDITION

Ocean Pines .............. Pages 1-33 OPA Finances .................... Page 34 Lifestyles ............................. Page 35 Opinion ....................... Pages 36-37 Captain’s Cove .......... Pages 38-51

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COVER STORY From Page 1 flecting realized favorability from the prior year as reported in the GM Monthly Reports. The true- up component balances out the assessment to reflect current results.”

Another way of saying that: The OPA is doing well financially and can afford it.

The association wracked up a substantial operating fund surplus two years ago when the covid epidemic was at its height and the OPA received a federal Payroll Protection Program grant to help it weather the storm.

It seems headed toward another excellent year in 2022-23, the current fiscal year, with the annual operating fund surplus at the end of November approaching $938,000.

At year end on April 30 of 2023, Viola and Controller/Director of Finance Steve Phillips are conservatively projecting an annual operating fund surplus of $840,000, still very healthy by historic standards.

It could go higher, as the OPA has produced monthly surpluses to budget for every month so far this fiscal year.

Two consecutive years of outstanding financial performance, in part brought about by robust support of OPA amenities by the OPA member-

ship make it relatively easy to return some of that surplus to the membership in the form of lower assessments.

This doesn’t clash with another objective of the OPA in the Viola era, continued increased spending for road, drainage and cluster mailbox improvements and other initiatives that constitute investments in the future of Ocean Pines.

As proposed, departmental spending in the preliminary proposed budget is estimated at $14.459 million, which is $490,000 less than projected spending for the current fiscal year.

With proposed bulkhead replacement and repair spending of $1.115 million, and $1.024 million in replacement reserve and new capital spending, total expenditures in the proposed preliminary budget would be $16.635 million.

That’s about $200,000 less than what was proposed a year ago in the approved 2022-23 budget and $1.118 million less than what Viola and Phillips expect to spend for the current year.

The proposed budget’s call for $1.024 million in replacement and new capital spending includes about $350,000 for road resurfacing, $250,000 in drainage improvements, and $339,000 in other capital projects.

Notable among the proposed capital projects for the coming year are recreation and kayak piers at Pintail Park, at estimated costs of

$45,000 and $68,000, respectively. Resumption of golf course irrigation improvements have been pushed off to the fall of 2024 at the earliest, but design costs of $20,000 are included in the proposed capital budget.

Viola and Phillips are intent on controlling costs in the face of inflationary headwinds. An example of that is in the area of bulkhead replacement, where materials used in the program is sourced in-house rather than purchased through Fisher Marine, the Chincoteague-based contractor that handles bulkhead replacement and repair in Ocean Pines.

“We recommended and received approval form the Board to enter into a competitive bid that also produced savings,” Viola said in his remarks.

Under the preliminary draft budget, employees would receive on average three percent merit increases, with an addition one percent when someone is promoted.

The OPA is not immune to the current inflationary environment, and the proposed budget reflects that with increases in payroll and benefits resulting from minimum wage hikes, wage inflation, and what Viola said are continued benefit increases.

Viola said while amenities led by Golf continue to show organic growth in revenue, the proposed To Page 5

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COVER STORY

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Proposed budget

From Page 3 budget also reflects dues increases as recommended by the Strategic Planning Advisory Committee.

All amenity departments except for tennis, platform tennis and pickleball are projected with net operating surpluses next year.

Aquatics, on a path to a surplus this year, is projected with a loss of $97,681 next year, but that could be whittled down to “neutral” during the budget review process, Viola said.

Aquatics reflects a substantial increase in the budget mainly to fund the attempt to fill open lifeguard positions.

According to Viola, within the assessment is continued increases in infrastructure spending for roads, drainage and mailboxes, deferred maintenance, new capital projects and initiatives.

He also said that:

• The decision “we made for the pipe lining process for our major drainage pipes has delivered operational savings and we believe a strong positive affect on drainage.

The OPA will continue this unprecedented maintenance in this proposed budget.

• “Reallocation of prior efficiencies have been allocated to the Police Department to continue to fund the Take Home Car Program. The proposed budget also includes an increase in the police 401 (k) benefit contribution and increased salary adjustments, all in an attempt to retain and recruit officers.

• “The Strategic Plan implemented in 2019 and updated this year continues to show positive results.

“The addition of new hires has strengthened an already constructive team. We continue to review the DMA Reserve Replacements and calculate the Required Funding limits as set by B&F and the Board,” Viola said.

Proposed 2023-24 OPA Budget

Amenity Membership Dues Proposed 2023-24 Budget

Departmental Summary Proposed 2023-24 Budget

Boat Slip Rates

Proposed 2023-24 Budget

6 Ocean Pines PROGRESS January 2023

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COVER STORY

OPVFD decreases funding support request

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arlier reports that the Ocean Pines Volunteer Fire Department would be asking for funding support to hire the equivalent of two new emergency medical technicians/paramedic/firefighters turns out not to be the case.

During a review of the draft 2023-24 OPVFD budget Dec. 28 by the Budget and Finance Advisory Committee, it was disclosed that the department is only expecting to hire one additional full-time equivalent person this coming year. That would bring total full-time equivalents including parttime employees to 19.5.

The preliminary draft budget shows the OPVFD asking the Ocean Pines Association for $994,578 in funding support next year, down from the $1,064,028 budgeted for this year.

Projected year-over-year increases in county EMS grants ($130,000) and EMS billing ($45,114) explain how it’s possible that the OPVFD is not requesting more financial support from the OPA next year.

The department’s budget is growing year-over-year to $2,285,389 from the current year’s budget of $2,167,069.

Departmental officials warned the committee of a coming shortfall in funds set aside for acquisition of replacement apparatus in coming years.

Purchases of such equipment is normally split 50-50 between the OPVFD and OPA, but the warning of looming shortfalls suggests that the OPVFD is having difficulties raising funds for its share of replacement costs.

With a fund-raising campaign looming for the proposed new South side Firehouse project, it’s possible that two fund-raising campaigns will be running concurrently. The disclosed apparatus funding shortfall has no immediate impact on the proposed budget for 2023-24.

The OPA and OPVFD are making progress on revising the memorandum of understanding (MOU) governing financial relationships between the two, but completion is a ways off.

January 2023 Ocean Pines PROGRESS 7

Dates set for committee budget review

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s part of the annual budget process in Ocean Pines, the Budget and Finance Committee will review the preliminary proposed budget during a series of public meetings, scheduled Jan. 4-6.

The meetings will be set up as a hybrid of in-person and remote, with committee members and staff gathered in the Clubhouse Meeting Room. Links to the meetings are available on the Ocean Pines Association Website.

The schedule for each review session is as follows:

Wednesday, Jan. 4 9 a.m. - Committee chair’s opening remarks, Dick Keiling; General Manager’s budget presentation, John Viola; 10 a.m .- General Administration, General Manager’s Office and IT, Steve Phillips; 10:45 a.m. - Finance and Membership, Steve Phillips and Ruth Ann Meyer; 11:30 a.m. - P/R and Marketing, Josh Davis and Julie Malinowski; 12 p.m. - Lunch; 12:30 p.m. - CPI, Linda Martin; 1 p.m. General Maintenance, Public Works, Bulkheads, Eddie Wells and Nobie Violante; 2 p.m. - Fire Department, Steve Phillips. Review and action items.

Thursday, Jan, 5 9 a.m. - Police, Chief Leo Ehrisman and Lt. Shakhan Toppin; 10 a.m. - Recreation and Parks and Racquet Sports, Debbie Donahue; 11 a.m. - Aquatics and Beach Parking, Kathleen Cook; 12 p.m. – Lunch; 12:30 p.m. – Golf Operations and Golf Maintenance, Bob Beckelman and Justin Hartshorne; 1:30 p.m. – Food and Beverage, Steve Phillips for the Matt Ortt Companies). Review action items.

Friday, Jan. 6 9 a.m. – Marinas, Nobie Violante and Ron Fisher; 9:30 a.m. - Replacement/ New Capital Reserves, Steve Phillips, 11:30 a.m. – General discussion, review, action items and recommendations.

8 Ocean Pines PROGRESS January 2023

OCEAN PINES

Janasek, OPA settle contentious litigation OPA’s insurance company agrees to pay former director’s legal expenses; request for proposals for future legal services may be voted on by Board of Directors this month

By TOM STAUSS Publisher ormer Ocean Pines Association Director Tom Janasek has settled his lawsuit against the Ocean Pines Association and four named defendants, on terms favorable to him, including the payment of $18,750 in legal expenses by the OPA’s insurance company to his attorney.

The agreement to cover Janasek’s expenses is a legal coup, as it rarely happens in state cases when a plaintiff prevails on the merits, and it suggests that the OPA’s insurance company was not confident in its case had it gone forward to the next phase, a trial over dueling motions for summary judgment. Earlier phases in the case were won decisively by Janasek.

In an eleventh hour development, insurance company attorneys filed a motion for a jury trial, which was opposed by Janasek attorney Bruce Bright.

A trial date had not yet been formally set as the sides attempted to iron out a settlement, which Janasek consistently said had to include payment of his legal fees.

“I’m fully prepared to go to trial,” Janasek said prior to concluding settlement talks.

In a closed meeting Jan. 19 conducted via Microsoft Meetings, with six members not including Colette Horn in attendance, OPA directors voted 6-0 to approve the settlement in consultation with attorneys.

Among those voting for the settlement was Director Frank Daly, who was among the four defendants in the case that was filed last June.

But the Progress has been told that support for the settlement among some of the directors was soft, with one director suggesting that the case could go to trial with a settlement still on the table “at any time.”

Daly and Horn reportedly were

F

ready to continue the legal battle in court, but there were four solid votes in favor of settlement - directors Doug Parks, Rick Farr, Monica Rakowski and Stuart Lakernick.

In the end, with the insurance company urging settlement, the directors voted 6-0 to settle. Horn had an excused absence from the meeting because of a family event.

Horn was a defendant, along with former directors Larry Perrone and Amy Peck. The OPA was also a named defendant.

None of the four individual defendants in the case incurred any legal expenses, as these were paid through the OPA’s $25,000 insurance deductible and picked up thereafter by the OPA’s insurers and the OPA. Final terms of the settlement were hashed out in a conference in Snow Hill on Jan. 21, with Janasek telling friends later in the day that his sixmonth ordeal won’t saddle him with

legal bills. “I’m very pleased,” he said. “Justice was served.”

OPA Director and Vice-President Rick Farr said that the case has cost the OPA about $50,000 to defend so far, the $25,000 deductible and another $24,000 in estimated fees paid to Jeremy Tucker’s Lerch Early law firm through the end of November.

Tucker has been the OPA attorney for about five years. He assisted in the case, providing background and advice as needed.

The estimated fees to Lerch Early through November did not include December billable hours, including assistance provided in putting the settlement agreement into legal language, a process that had not concluded by the end of the year.

Farr said a final invoice reflecting settlement assistance has not been received by the OPA, so the $24,000 cost through November will be higher once all the invoices are in.

In a significant development, the

OPA, not necessarily because of the defeat in the Janasek case, will be sending out a request for proposals for legal representation now that the Janasek case has been settled.

A proposal for an RFP could appear on the agenda as soon as the January meeting, as it’s already in the process of being drafted.

The OPA over the years has periodically shopped its professional services contracts including legal and outside auditors, occasionally hiring new firms in a three to fiveyear timeframe.

Lerch Early still has a path to retention, but some directors are known to favor a return to local representation.

And Bright has won four cases against the OPA, the three most recent dating back to 2021 and 2019, and an earlier case involving dredging equipment stored at the Swim and Racquet Club complex during the Bob Thompson era about ten years ago.

The situation today is not unlike the situation almost 40 years ago, when then OPA attorney Roger Titus, based in Rockville, was replaced after a contentious Board election that resulted in a new majority faction.

The new Board majority hired Ocean City attorney Joe Moore in fall of 1983. He held the position until about 2015-17, still consulted on occasion but eventually replaced full-time more or less by Tucker. u

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At the Dec. 17 meeting of the Board of Directors, Janasek offered an explanation for why he was willing to proceed to the next step in the protracted legal battle that began after an incident at the Yacht Club last June involving him and former OPA Director Josette Wheatley.

He filed suit challenging a threemonth suspension of access to the Yacht Club and two other OPA restaurant and bar venues.

After obtaining a temporary restraining order early in the litigation and more recently a temporary injunction barring the suspension, the next step ordinarily would be a hearing on the plaintiff’s request for a summary judgment and a permanent injunction again enforcement of the ban.

Janasek had access to the Yacht Club and other amenities after he obtained the initial temporary restraining order.

His suspension lasted for little more than a week.

According to the state case lookup summary on the state’s judicial Website, no trial date had been set on the plaintiff’s motion for a summary judgment hearing.

The defendants on Dec. 16 filed a motion asking/demanding the Court to set a jury trial on the plaintiff’s motion for summary judgment.

Bright, Janasek’s attorney, filed a motion in opposition to a jury trial.

During the Dec. 17 Board meeting, Janasek said he was continuing the litigation as a way of deterring the Board of Directors from engaging in “bad faith” activities against OPA members.

He cited two previous cases, last year’s Richard Farr litigation and the 2019 Slobodan Trendic case, as cases in which judges determined that the OPA had acted in bad faith.

The alleged bad faith contributed to the OPA losing both cases.

He also alluded to a newspaper report that a current Board member he didn’t name had said that the Board should “bleed him {Janasek} dry” in the current litigation. That director was Daly.

In settlement discussions or emails, the Board’s initial offer, reportedly recommended by the OPA’s insurance company lawyers, was $2,000, Janasek called out that offer as “ridiculous.”

He apparently didn’t regard the latest offer for $10,000 as much better.

Judge Beau Oglesby had award-

January 2023 Ocean Pines PROGRESS 9 ed Janasek a temporary injunction, in addition to a temporary restraining order against enforcement of an amenities ban imposed by a Board majority several months ago.

The ban was the result of a well publicized verbal altercation between Janasek and Wheatley this past June at the Yacht Club tiki bar.

Acknowledging that state courts in Maryland don’t normally award legal fees to the side that prevails in litigation, Janasek has said it’s pos-

sible that the Court would do so in this case because of a pattern of bad faith determinations by local judges against the OPA. As it turned out, the insurance company paid and the Court was not asked to rule.

Janasek mentioned his case and last year’s Richard Farr vs. OPP and the 2019 Trendic case.

“Someone needs to slap them down for their behavior,” Janasek said. “If they can get away with this

without incurring some sort of penalty, then what’s to stop some future Board with four Larry Perrones to repeat what happened to me, Rick Farr and Slobodan Trendic.”

Janasek said he only wanted to recover his legal expenses, not impose additional punitive damages on the OPA or thefour individual defendants.

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Parks offers opinions on Janasek settlement Says he agrees with Court rulings on the case Ocean Pines Association President Doug Parks recently responded to Progress questions on the recently settled Janasek case. The questions and his answers follow: Progress: Judge Beau Oglesby in his findings in the case prior to settlement talks, said that the defendants had engaged in “bad faith” in dealing with Janasek prior to his filing suit. Do you accept or reject this assessment of the former Board majority’s action?

Parks: I accept the decision of the judge in his assessment of actions taken by the former Board majority. Be advised the incident that occurred was absolutely inappropriate and I do not condone the actions taken by the individuals involved. However, I voted against the proposed Board action based on advice from OPA counsel and my reading of the language in the governing documents that stipulated what authority the Board had in the matter.

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the existing building, renovating the the working group include razing conduct a capital campaign Options under consideration by Pines Association’s in the smaller footprint. ability to feasibility of the Ocean ity of the original study floor plan retained Contributing square feet, Writer with all the functionalBy ROTA L.size KNOTT building’s from 18,000 to 13,000 million work group was able to reduce the To make plummets this possible,to the$5.7 OPA building cantly to $5.7 million.

Estimated size, cost signifi of at $8.6 million, had dropped the building, originally estimated Advisory Committee that the cost of ing of the OPA’s Budget and Finance disclosure during an Oct. 27 meetpaign may have improved with a Prospects for a successful camproject in the community. gauge the level of support for the for a fundraising campaign and to derstand the association’s potential conduct the feasibility study to unProposals seeking a consultant to members developed a Request for representatives, and community Pines Volunteer Fire Department A work group of OPA staff, Ocean get under way in mid-November.

Southside Firehouse is expected to to help fund construction of a new

fundraising Firehouse Southside new line for ifies timeViola clar-

Progress: This litigation cost the OPA $25,000 in the insurance deductible and another estimated $13,000 in fees [now estimated at about $24,000] paid to Lerch Early. Given the outcome, was the action suspending Janasek in retrospect an exercise of good judgment, especially since the individual the Board was purporting to defend and protect more recently has referred to the Board as a “criminal enterprise”?

Parks: I accept and respect a different perspectives on this and other important matters; however, I cannot agree that the actions of the former Board majority be considered an exercise in good judgment.

During discussion on the matter OPA legal counsel clearly noted that the Board did not have the authority to take the proposed action. I see the whole issue as an unnecessary expense of time and money that could have been avoided.

Progress: Certain members of the former Board majority justified their action to suspend Janasek on a reading of governing documents - by-laws specifically -- that powers given to the Board to protect the general welfare of the association take precedence over specific language that limits suspensions to failure to pay annual assessments or the presence of declared violations of the governing documents.

Judge Oglesby disagreed -- contending that specific limits on Board authority outweigh and take precedence over general welfare provisions. Do you agree or disagree with this ruling, and would you agree that this is perhaps the most important “lesson” that can be learned from the Janasek litigation?

Parks: I agree with the ruling based on not only advice from counsel, but my interpretation of the language in the governing documents.

While I understand the concept of “protect the general welfare”, I read the language as vague and open to scrutiny regarding any actions taken based on that language.

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Jeremy Tucker, the OPA’s general counsel, and Megan Mantazavinos, of the Marks, O’Neill, O’Brien, Doherty and Kelly law firm of Towson, Md., representing the OPA’s insurance company.

Janasek said he suspected that Daly’s comments about “bleeding [Janasek] dry]” may have contributed to creating a climate in which a

settlement on Janasek’s terms was more likely.

Perrone while serving on the Board - he opted not to run for election last summer -- also has been cited as someone who contended that it was worth the risk of imposing a suspension on Janasek because of the legal expenses he would incur.

Daly “caught perronetis,” Janasek quipped, his path to access to any of the OPA food and beverage amenities now cleared of legal obstacles.

January 2023 Ocean Pines PROGRESS 11

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OCEAN PINES

January 2023 Ocean Pines PROGRESS 13

Daly to offer motion critical of MOC handling of Janasek incident Farr slams effort as attempt to shift blame from misjudgments

By TOM STAUSS Publisher cean Pines Association Director Frank Daly has confirmed reports that he intends to offer a motion possibly as soon as the January Board of Directors meeting alleging that Matt Ortt Companies staff did not follow established policy in handling the incident last June at the Yacht Club tiki bar involving former directors Tom Janasek and Josette Wheatley.

The incident led to a short-lived suspension of Janasek from OPA food and beverage venues and a successful lawsuit against the OPA by the OPA, in which Circuit Court Judge Beau Oglesby labeled as “bad faith” actions taken by Daly and three other defendants in the suspension and not consistent with OPA governing documents.

“Multiple motions are being prepared to address a number of issues that were pointed out in this incident,” Daly said in response to a Progress text message. “Not all of the motions are being prepared by me. It would be safe to say that part of the discussion will touch on” on allegations of MOC mishandling of the Janasek/Wheatley incident.

Director Colette Horn is the most likely director who with Daly is drafting a motion or motions regarding MOC, according to OPA Director Rick Farr.

Farr said one of the motions could be notice to MOC that if it handles any future incident at

O

Doug Parks From Page 10 The two conditions noted in the section SIXTH 8a and 8b of the Charter are specific and clearly state what authority the Board has in the matter. In my opinion the takeaway from this incident should be that the Board must act in the best interest of the Association overall, rather than relating any personal sentiment to the matter, especially when proposed actions could carry significant expense.

The Association contracts with a law firm to provide legal advice and one could argue that ignoring legal advice cannot be categorized as being in the best interest of the Association. An unbiased and disciplined approach in conjunction with following legal advice needs to be the course of action going forward.

the Yacht Club in the same way it handled the Janasek/Wheatley incident, its contract to manage OPA food and beverage venues could be revoked.

Farr said he is certain that no motion that’s the least bit critical of MOC will pass the Board and that no such motion or motions “should see the light of day.” But if in fact Daly and Horn follow through, Farr said he and other Board colleagues will mount a vigorous defense of MOC. “This is all a political hit job designed to shift blame and deflect responsibility for their own poor judgment, violation of OPA governing documents, and ignoring of legal advice” in the handling of the Yacht Club incident, Farr said.

“Their errors in judgment are costing OPA members so far about $50,000 in legal expenses over an incident that was handled appropriately by MOC in accord with their own established procedures,” he added. “Here we are nine months later, and they [Daly and Horn] are still trying to defend their wrong actions and blaming it all on Matt Ortt.”

Daly did not comment on a question posed by the Progress about whether the pending motions constituted an attempt to shift blame to MOC as a way of deflecting attention from the outcome of the Janasek case.

The Daly/Horn motion or motions are a consequence of a Board majority refusing to go along with a proposal by Daly for him, Horn and Gen-

Rick Farr

Frank Daly

eral Manager John Viola to meet privately with MOC principal Matt Ortt to discuss the incident from last June, Farr said.

It was former MOC partner Ralph DeAngelus who told Horn and Daly, then OPA president and vice-president respectively, last June after the incident occurred that MOC had acted in accord with its procedures in the way it handled it. Concurring in that assessment at the time, Viola and Horn issued a press release to that effect.

That judgment is disputed by Daly and Horn, and they may air their opinions at the January Board meeting in support of their motions.

The idea for a meeting with Matt Ortt was shot down quickly by a Board majority in emails circulating among the directors Dec. 29, with directors telling Daly that it would constitute an unacceptable interference in operational matters if Horn and Daly were to meet privately with Ortt.

Daly then said in response that he would offer a motion or motions on the matter at a future Board meeting.

Daly justified his proposal to meet privately with Ortt by contending that DeAngelus either had not viewed “the surveillance video of the incident or decided selectively not to enforce the u

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14 Ocean Pines PROGRESS January 2023 Farr vs. Daly From Page 13 MOC policies,” according to an email obtained by the Progress.

Daly went on to say that he enjoys an “excellent relationship” with Ortt and “wants to discuss this with him before any comments are made to the media.”

He also said that since he, Horn and Viola were the ones who met

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with DeAngelus after the incident, “I don’t feel the need for others to be in attendance, but I don’t really care if others are in present. We could also video the meeting. That way when the discussion is leaked ... it will at least be accurate.”

In a Dec. 28 telephone interview, a day before the Board dealt with Daly’s proposal for a meeting with Matt Ortt, Farr unloaded on the four “losing defendants” in the Janasek

case who he said were responsible for causing the “unnecessary and wasteful” expenditure of OPA of funds to defend against Janasek’s suit.

The four defendants are Daly, Horn, and former directors Amy Peck and Larry Perrone.

“All four defendants were found to have engaged in “bad faith’ in the way they handled the Janasek incident and all four rejected legal

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advice that said the Board had no authority under the governing documents to suspend him,” Farr said.

“They were told by legal that suspending him would come back to bite them, and that’s exactly what happened.”

He said the actions of these four defendants is costing the OPA close to $50,000 in legal expenses, as of November, with more expense possible. Farr also said the insurance company has agreed to pay Janasek attorney Bruce Bright of Ocean City $18,7500 to cover his expenses in suing the OPA and four former and current directors.

“The former Board majority didn’t follow our governing documents, they didn’t like Tom so they targeted him for selective enforcement, and they interfered with operations by pressuring the Matt Ortt Companies to do more than it did to deal with the Yacht Club incident,” he said.

“They escorted Tom off the premises,” Farr said, and contrary to reports, “he only came back briefly to settle the bill, if he actually left the building. That’s the way these situations should be handled.” He said management could impose a suspension if a similar incident happens again.

He said the matter should have ended once Wheatley asked for and received from the district court a protective “peace” order to keep Janasek from being in her presence for six months.

“The Board never should have been involved after that,” Farr said.

“The four defendants interfered with operations, which should be left to the general manager and the company hired to run the Yacht Club.”

Farr said that Daly in particular is refusing to admit his “mistakes,” and is doubling down in blaming the MOC for the incident, even to the point of trying to get the Board to warn MOC than any future similar incidents handled in the same way “will result in MOC losing its contract.”

Farr said that will never happen and that it’s “completely unaccepted” that any directors would attempt to put in a bad light “a company that has performed exceedingly well” for the OPA and its membership.

“MOC knows that the current Board majority has their back,” Farr said. “Blaming MOC for the way they handled the situation, the way restaurants handle such situations, is just wrong.” u

OCEAN PINES

January 2023 Ocean Pines PROGRESS 15

OPA finalizing firehouse fundraising contract Sollicitor to be paid at eight percent commission on collected funds

By ROTA L. KNOTT Contributing Writer nstead of conducting a traditional capital campaign feasibility study of the Ocean Pines Association and Ocean Pines Volunteer Fire Department’s ability to raise the money necessary to build a new Southside firehouse, a work group has jumped ahead to retaining an independent solicitor to begin fundraising for the project.

The work group, which was appointed in July after the OPVFD presented preliminary plans for a new Southside firehouse, was tasked by the OPA Board of Directors with recommending a fundraising program to bridge the multi-million-dollar gap to fund a new building.

The chair of the group, former OPA Director Ted Moroney, presented an update on the work group ‘s progress to the Board of Directors during a Dec. 17 meeting.

“Does the group have an estimate as to how much they can or should raise?” Director Steve Jacobs asked.

Moroney said the work group has no idea how much money the OPA and OPVFD may be able to generate from fundraising.

“Not really,” he responded, adding “There’s been no solicitation or donor preparation like you would with a normal capital campaign.”

He said that is one of the reasons the work group felt it was important to take the approach of contracting with a fundraiser who will be paid based on how much money she actually brings in.

As of Dec. 20, the OPA was work-

I

ing on finalizing a contract with an individual with extensive fund-raising and grant-writing experience.

She was said to have led a successful fund-raising campaign in support of the Salisbury Zoo and the Delmarva Discovery Center Museum in Pocomoke. She has agreed to an eight percent commission on all funds raised and on deposit in a bank.

Days later, her name, Stacey Weisner, was announced in an OPA press release.

The commission arrangement limits the OPA’s risk and cash outlay related to the campaign. “We don’t know what they can raise through this,” Moroney said.

He pointed out that it has taken the Berlin Fire Department seven

or eight years to raise $1 million and another Eastern Shore fire department took three years to raise $600,000 to $800,000.

OPVFD has secured and received in hand approximately $1.35 million in a grant from the state and $350,000 in bonds are authorized from the state.

To Page 17

Call us today to make sure you’re protected in 2023.

Farr vs. Daly From Page 14 The incident involved a verbal altercation between Janasek and Wheatley in which alcohol was a factor. Janasek apologized to Wheatley after the incident.

Daly said the former Board majority, Daly and Horn included, is responsible for the OPA incurring about $100,000 in unnecessary legal expense in the Janasek case, last year’s Farr case and the 2019 Slobodan Trendic case.

“The new Board majority is opposed to wasting money this way,” Farr said. “We need to get back to business and pay attention to what our members elected us to do.”

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Firehouse fundraising From Page 15 Director Stuart Lakernick asked if the timing of the work group’s fundraising strategy aligns with when those grants have to be used.

Moroney responded yes and General Manager John Viola added that they have several years to use those grants.

Moroney said the work group has three primary responsibilities, with the first being to develop and execute a plan to work with OPVFD to organize fundraising for the new building.

Other tasks are to concurrently review the plan provided by OPVFD, examine location options and other recent Eastern Shore fire department construction, and explore future department needs both in size and fundamental organizational evolvement.

The work group will develop a plan in concert with OPVFD that can be used to obtain competitive pricing from contractors. Then the work group will prepare a frame-

work for OPA and OPVFD boards to consider in developing a new simplified and forward-looking memorandum of understanding between the two parties.

But for now, Moroney said all the work group is working on is the first task – fundraising. “There’s some realities everybody has to understand right off the bat,” he said, adding that the OPVFD has no real capital fundraising experience or depth of knowledge about fundraising.

The OPVFD’s recent fundraising efforts are selling raffle tickets netting about $40,000 to $70,000 to support apparatus replacement.

Additionally, the OPA has no in-house expertise in fundraising.

However, Moroney pointed out that the community is filled with volunteers with expertise they can tap into and count on to help execute the fundraising plans going forward.

Moroney said originally the work group intended to issue a request for proposals to find a capital campaign consultant/contractor.

However, due to the OPFVD and OPA’s lack of experience and expertise, team

members questioned the readiness to conduct such a capital campaign and suggested a feasibility study as a prerequisite.

The work group developed a feasibility study RFP and solicited additional input from local fundraising experts.

He said they validate the work groups approach to fundraising and reviewed the RFP and encouraged the group to seek additional grants for the project.

Those experts also provided the names of many key stakeholders within and around Ocean Pines, expressed a willingness to assist in the review and interviews with RFP respondents, and could potentially could supply ongoing assistance.

Moroney said the group sent the RFP out to nine prospective fundraisers and received six proposals that varied greatly in scope and price, and in some cases were simply sales pitches for future or other services.

The pricing varied from $28,000 to $60,000 plus out of pocket expenses, way more than the $20,000 plus

expenses that the work group had anticipated.

So instead, the work group opted to reach out to a local fundraiser who was said to have raised money for the Salisbury Zoo and Delmarva Discovery Center and requested a proposal from that individual.

“Our feeling throughout had been that we needed a hybrid campaign with three distinct levels of solicitation. After reviewing the proposal, we were convinced that is the correct approach,” Moroney said.

He said the fundraiser will solicit key donors seeking gifts to support the new fire station project.

“This is what everybody thinks of as a traditional campaign …”

Because neither the OPA nor the OPVFD has an experience with fundraising and no one knows how much money can be raised for the project, the work group likes that particular individual’s proposal because they only get paid if they raise money.

The contract, which is being formalized, specifies that the person u

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18 Ocean Pines PROGRESS January 2023 Firehouse fundraising From Page 17 will be paid a commission of 8 percent of the amount they raise.

“One of our goals was to limit risk to OPVFD and OPA. The proposal we adopted does just that by setting a percentage of the amount raised as a basis for payment,” Moroney said.

Typically, firms charge a fixed fee of around 10 percent of the amount they expect to raise in a capital campaign. The consultant, along with key OPA and OPVFD individuals, will be involved in all of the major donor solicitations.

“We will pay 8 percent of the amount actually collected and in the bank. That limits our risk to the cost of published materials and other incidental costs,” Moroney said.

Initial work will include developing a case statement for the project, dedication and naming opportunity list, donor database, and wealth analytics, while identifying keystone gifts and honorary chairs of the campaign.

They will work to identify 50 potential major donors of $10,000 or more and five potential business owners as major donors, and interview Board members, key OPVFD members and staff.

In the second and third month of the contract, they will identify influential leaders who are willing to donate time for the campaign, identify possible hosts for meetings at their home or the fire department, continue to cultivate lists of donors, after meetings and interviews, and review information such as fire call records and other local capital campaigns that are under way.

From the fourth through eleventh months, the consultant will mail a solicitation to all Ocean Pines property owners, continue research and conduct asks of prospects.

OCEAN PINES

The work group has entered into an agreement with a local grant writer, Valerie Mann, to help find additional funds.

She has more than 40 years of experience in the grant writing field.

She will assist OPA and OPVFD in grant research and writing. She will also explore the possibility of other grant opportunities related to infrastructure and public safety.

She will research and report on available grants, the OPA and OPVFD’s chances of securing them, and the cost and effort in applying for them.

She’s been working on a list of potential sources for grants.

“We’re not a municipality and that does have an impact on what grants we are eligible for across the state and federal. That’s being looked at. But that’s one thing that’s a little bit of an inhibitor,” Moroney said.

He added that the grant writer is aware of that added challenge.

The third prong of the capital campaign, and the least defined at this point, is community fundraising, for which the OPA will need organizers, leaders, and volunteers.

That will involve generating revenue through activities like door-to -door solicitation, bake sales, trivia nights, car washes, and silent auctions.

“This is the part that is a little nebulous,” Moroney said.

Director Colette Horn asked how the existing OPVFD fundraising efforts to cover the cost of fire apparatus will have an impact on the capital campaign for the new fire station.

“We don’t think that’s going to be competition at all,” OPVFD President Dave Van Gasbeck said.

He said the capital campaign is a completely different ask of the community.

1,445

Van Gasbeck reaffirms continuing need for Northside firehouse

By ROTA L. KNOTT Contributing Writer he Northside Firehouse is a fully operational fire station and is needed to ensure adequate protection of the community and keep insurance rates low, according to a leading Ocean Pines Volunteer Fire Department official. During a Dec. 17 discussion of fundraising strategies for a new Southside fire station, Dave Van Gasbeck, OPVFD president, said the station is used regularly when there is an alarm and is checked and maintained daily.

“It’s far from being a storage shed. It’s a very active station,” Van Gasbeck said, confirming what he has said in previous months because his message hasn’t resonated with everyone in Ocean Pines The fate of the Northside Firehouse resurfaced during a presentation to the Ocean Pines Association Board of Directors by a work group appointed to help determine how to fund the cost of building a new South station, originally estimated at a cost of $8.6 million but more recently estimated at $5.7 million with a smaller footprint than the original.

These are estimates only. A true cost will only be determined after a lot of additional work is done.

Director Steve Jacobs said there have been questions in the community regarding what to do with the Northside station. “Am I correct assuming everything is on the table including whatever might happen with the North fire house?” he asked.

Van Gasbeck said the Northside station does not simply sit empty but is used by the OPVFD. In fact, every morning for about two hours the crew from the south station goes to the north station and tests all the equipment in that fire house, he said.

Van Gasbeck said some people think fire stations should have people and cars at them all the time. But the OPVFD uses volunteers and that means there may not be people at the station until an alarm goes off. “Then everybody’s there,” he said.

One of the other most important reasons to maintain the Northside station is to keep Ocean Pines rating low under the International Standards (IS)) for fire protection because it has an impact on homeowners’ insurance, Van Gasbeck said. He added that there are many things that factor into a community’s ISO rating but two of those items are proximity of homes to fire hydrants and fire stations.

Currently, Ocean Pines has two fire stations to serve the community, but there are also 79 road miles of roadway that are within the To Page 21

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January 2023 Ocean Pines PROGRESS 19

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Northside station

From Page 18 community. The ISO standard is for homes to be within a mile and a half of a fire station.

“At this point in time we have over 50 road miles that are within a mile and a half of either of those two stations,” Van Gasbeck said.

That also means there are currently homes on 29 miles of roads that are not covered.

If that Northside fire station did not exist, then Ocean Pines would have 50 road miles of roadways with homes that are not within a mile and a half of a fire station.

That would have serious implications for the ISO because it relates directly to the cost of homeowners’ insurance.

A change in the ISO rating would have an adverse impact on the insurance of everybody in community, Van Gasbek said.

OPA General Manager John Viola asked Jacobs if he was questioning whether the work group appointed to study fundraising and planning for the new fire station would be considering the Northside station as the location for the new all-inclusive station.

Jacobs said no, that his question wasn’t limited to any specific facet of the planning process.

Director Stuart Lackernick also asked whether there is consideration for moving the proposed new south station to a different location.

Work Group member Ted Moroney said everything is on the table at this point, including the size of any new fire station, location, and the impact on the ISO rating. He said that’s “all part of what we’re looking at.”

Viola asked Moroney that if the Northside station is maintained whether the new building on the south side of Ocean Pines could be smaller. Moroney responded “potentially.”

On the issue of whether the new building could be built near the Route 589 Cathell Road Extended intersection, Viola said “not necessarily.”

But the Progress has learned that most members of the working group are leaning toward keeping the existing site on Ocean Parkway, as it already has infrastructure including electric, water and sewer in the ground.

The Route 589 site does not, therefore adding to the cost.

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Renaming skatepark after Gavin Knupp actually not Viola’s idea, Farr says He suggests it might have been Recreation Department’s idea that then was passed on to Gavin’s mother, Tiffany Knupp

By TOM STAUSS Publisher uried in a recent public skirmish over creating a Youth Award named after Gavin Knupp was the revelation that Ocean Pines General Manager John Viola came up with the idea to create a foundation to fund-raise for improvements to the Ocean Pines skatepark and then naming it after Gavin.

Actually, it wasn’t Viola, according to Ocean Pines Association director Rick Farr, responding to an article in the December Ocean Pines Progress.

The disclosure of Viola’s alleged role in the foundation and skatepark naming issues had surfaced when Tiffany Knupp, mother of Gavin who was killed in a hit-and-run accident this past July, responded to a press release issued by the Board of Directors about a bombshell social media post by Tiffany that she was no longer interested in naming a Youth Award after Gavin.

In remarks published in a local weekly, Tiffany Knupp is quoted as saying that it initially seemed as if the skatepark naming was on track, but then over time support for it began to wane.

She said a Board press release had omitted important information, including the revelation about a possible Viola role in coming up with the idea for a foundation and naming the skatepark after her son.

She went on to say that a factor in the reluctance of the Board to rename the skatepark was related to the ongoing campaign to boycott the Matt Ortt Companies or to force the Board to sever its contractual relationship with MOC. “I did not leave there saying it’s OK,” she said in her rebuttal. “I said it’s a great idea and if this is all I can get then that’s that. But this is not honoring Gavin and this is why.”

Farr said in response to reporting in the December Progress that it was not Viola’s idea, and when asked who within the OPA had come up with the foundation and skatepark renaming ideas, he suggested it could have been OPA Recreation Director Debbie Donahue.

It seems plausible that Donahue could haved passed the idea on to Viola, who then passed it on to Tiffany Knupp, who assumed it had been Viola’s idea in the first place.

Donahue declined to comment on the matter, neither confirming nor denying Farr’s suggestion when contacted by the Progress.

Meanwhile, a petition drive to force a referendum on renaming the Ocean Pines skatepark after Gavin was supposed to start after the Thanksgiving holiday, but it’s been delayed to after the Christmas and New Year’s holiday, according to a former Ocean Pines director with ties to Tiffany Knupp.

Former director Amy Peck told the Progress that the launch would now occur after the holidays, but she also said that Tiffany Knupp recently has said has she shifted her foundation’s interest to a skateboard project in Berlin.

What that means for an petition and referendum campaign to rename the Ocean Pines after Gavin remains murky.

The Progress reached out through Peck to give Tiffany an opportunity to clarify her intentions, but there were no responses to questions posed. Peck said Tiffany had recently been in a car accident and that might be affecting petition plans.

It should be clear enough in January if efforts to gather names for a petition drive leading to a referendum is under way.

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curate voting tabulation in the next election cycle and provide correct results,” Farr said as background on the issue.

However, Piatti was ill and the Ocean Pines Association’s COVID protocols dictated that he not be in attendance at the December meeting. So, the discussion was removed from New Business and will be placed on the Board’s January meeting agenda instead.

Daly pointed out that the Board still wants an update from the Election Committee on any irregularities with the ballots during the election. He said the Board had previously received a report from the Election Committee that did not answer the fundamental questions about the election. He reiterated his request for an election audit if the committee can’t come up with some answers.

He said a member of the association pointed out that the number of votes that were counted and tabulated exceeded the maximum amount possible based on the number of lots in Ocean Pines that were eligible to vote. The question posed to the committee is whether the number of votes cast exceeded the number possible based on the number of lots that participated in the election, he said.

Daly wasn’t satisfied with the committee’s initial response that because the election envelopes were sepTo Page 24

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Election audit From Page 22 arated from the ballots it is impossible to identify how multiple lot owners who mailed in their ballots actually voted. He said that is irrelevant. “We could care less about how they voted. The election is settled,” Daly said.

The question is whether there were more votes cast in the election than the number of lots that participated were allowed to cast, he said.

OPA President Doug Parks cut Daly short, saying the point is that there is outstanding information needed from the Election Committee.

The agenda item was removed from the Dec. 17 agenda and Parks asked Farr as the committee liaison to let Piatti and the committee know the Board expects a report with some answers in January.

Daly agreed but noted that should be with the understanding that if they cannot answer the question, “we will go to audit” by an independent firm.

It’s not clear whether Daly has

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Farr has said he’s opposed to it because he believes it will yield little new information, and therefore

fails the cost-benefit test.

Piatti has said there are very few companies that will take on a ballot reviews of the sort proposed by Daly.

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26 Ocean Pines PROGRESS January 2023

OCEAN PINES

Effort to regulate short-tern rentals may not have the votes to proceed Two directors already on record as opposing amending DRs

By TOM STAUSS Publisher he Board of Directors may be tackling the short-term rental issue as soon January, Ocean Pines Association Doug Parks said recently, now that a few other issues have been resolved.

The issues that are in the rear view mirror at least for now are controversies over the proposal to name the Ocean Pines skatepark after the late Gavin Knupp and establishing an annual Youth Award in his name.

Another issue that has been resolved is the Tom Janasek vs. OPA lawsuit, with a settlement just announced.

Parks said the issue facing the Board is a section-by-section vote to change the Declaration of Restrictions to regulate short-term rentals in Ocean Pines, adopting county statutory language and giving the OPA the ability to fine violators.

Though not technically a refer-

T

endum as that term is defined in Ocean Pines, it’s vote to amend restrictive covenants to give the OPA more tools to regulate short-term rentals.

A majority of property owners in each section must agree for changes to be enacted in that section. The OPA can lobby those who haven’t submitted ballots to do so.

The vote could result in some sections amending the DRs, and others declining to do so.

“Now that we’ve dealt with two divisive issues, the Knupp matter and the Janasek case, we can move on to the short-term rental vote,” Parks said, adding that the issue could be put on the agenda for the Board’s January meeting, though he said that wasn’t absolutely certain.

The issue of the pending vote of short-term rentals is very much on the radar, and the OPA staff that will manage the vote with the Elections Committee has been awaiting > edwardjones.com | Member SIPC

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Board guidance on the issue for months.

Director Stuart Lakernick recently posted a message on oceanpinesforum.com that he opposes a community vote on short-term rentals, and Director Rick Farr has also said he’s reluctant to proceed.

Neither Parks nor Monica Rakowski have made any statements on the issue. Daly and Collette Horn were part of a majority on last year’s Board on giving the OPA more tools to enforce rules on short-term rent-

als. Director Steve Jacobs as a frequent ally of Horn and Daly is likely to support moving ahead.

One related issue that remains undecided is whether the shortterm rental vote would be conducted by paper only or a hybrid paper-electronic method. Director Colette Horn said recently that she believes the vote should allow electronic voting, but the committee has said that scanning software used to count paper ballots is defective.

Obtaining reliable software that works well with scanning equipment is several months away. Paper ballots would have to be hand-counted by the Elections Committee if the Board is determined on proceeding with an early vote on short-term rentals.

Pup of the Pines

Cavalier King Charles Spaniel named “Penny” has been named the top dog in the Ocean Pines Recreation and Parks Department’s “Pup of the Pines” photo contest. Penny received the greatest number of votes in the annual contest. She was named the winner at the “Hometown Christmas” tree lighting ceremony on Nov. 26 in White Horse Park. Votes were cast in person at the Ocean Pines Halloween/fall festival and at the Ocean Pines community center.

Paulette Parker, Penny’s owner, said she is a very affectionate dog with many neighborhood friends.

As “Pup of the Pines,” Penny will receive a free 2023 Ocean Pines Dog Park registration. She will also be the official face of the dog park and will be featured in the Ocean Pines Activity Guide and other postings throughout the year.

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OPA to go paperless with cloud document storage New system to cost $32,000 over three-year contract

By ROTA L. KNOTT Contributing Writer he Ocean Pines Association is going paperless and will be converting the bulk of its physical files to digital ones that will be stored in the cloud.

During a Dec. 17 Board of Directors meeting, OPA Information Technology Manager Keith Calabrese said the move will create a safe document storage system, move the association toward paperless operations, and save space, materials and staff hours.

“We’re excited about this project. As excited as you can be about a software system,” Calabrese said.

He said the OPA has vetted the vendor during the last few months and they received a glowing review from another small community that is us-

T

ing their services.

Based on the staff recommendation, the Board unanimously approved the three-year contract with Rubex/eFileCabinet Document Management and Cloud Storage. The vendor was recommended by staff based on a combination of price, system functionality, support and referrals. The OPA will pay $9,448.65 for the first year and $6,999 for the second and third years of service.

“This is something I’m excited about … the efficiencies we’ll get,” John Viola, OPA general manager, said.

Calabrese said the vendor will provide the OPA staff with robust cloud-based document management system, that will save paper, toner, ink, wear and tear on copiers and printers. It will also save staff time.

Now when someone wants to see a hard copy document, the employee needs to find it in a file cabinet or often go to another building where the file is stored, he said. The new system will allow staff to access documents with a couple of clicks on their computer. “It’s a great time saver and it helps our abilities with the office,” he said.

Calabrese said the document management system will provide the ability to index files, share them outside of the OPA, and create workflows. “We store our documents now on hard drives in buildings here in Ocean Pines,” he said. “This moves everything to a secure cloud” from local storage.

The Amazon Web Services Backend will provide redundancy and security of files. “It’s a great relief to

OCEAN PINES move that from our offices,” he said.

Finally, Calabrese said the document management system will ensure the files are safe and secure in the event of a disaster. “It helps us address ongoing projects for disaster recovery and business continuity because then we would have access to it from the cloud and not have to worry about physical assets within buildings here at Ocean Pines.”

Calabrese said staff will work with the vendor to implement the system through the winter.

Director Steve Jacobs asked how the system will interface with the software system used at the golf course or if it will replace it.

Calabrese said they are two different types of systems, with the golf course using software for tee times and other scheduling. That system at the golf course is not used for document storage, which is what the Rubex/eFileCabinet system will address, he said.

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January 2023 Ocean Pines PROGRESS 29

Viola said the recommendation during the initial installation of the NorthStar software was to maintain the existing separate EZLinks system at the golf course. “That’s the system that everybody down here is accustomed to and they all utilize.”

But, he said, he would prefer to have a single software system for all of the OPA and has asked staff to investigate the possibility of using NorthStar instead for consistency.

Jacobs also asked if the change to a virtual document management system would have any effect on the quality and cost of record retention.

Calabrese responded that it will help greatly with record retention and management. It will allow the OPA to shred and remove hard copy documents of which the association is not required to keep physical copies. It will also store and manage video records.

Director Stuart Lakernick asked what will

happen to paper copies when they are no longer needed.

Calabrese said documents will be destroyed once uploaded to the cloud unless there is a requirement for a hard copy to be maintained. Documents will be stored virtually based on the required record retention as well.

The system will automatically delete them after they have been stored for the required amount of time.

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OCEAN PINES

Parks critical of newspaper article reporting on member Public Comments Restrictions on phone-in participation pits Parks against former Director Amy Peck

By TOM STAUSS Publisher cean Pines Association President Doug Parks recently sent a letter to the editor of the Gazette weekly newspaper about a recent policy change restricting Public Comments at Board of Directors meeting to those attending the meeting in-person.

Anyone attending the meeting remotely using Microsoft Meetings, a Zoom-like application providing two-way communication, is now excluded from commenting remotely.

In recent online commentaries and in Public Comments during the Dec. 17 Board of Directors meeting, former Director Amy Peck scolded Parks for the new policy, contending that it runs counter to the purported goal of transparency.

The Gazette had reported on the spat between Parks and Peck, and Peck renewed her complaint against Parks’ handling of the issue during Public Comments at the Dec. 17 Board of Directors meeting.

She criticized Parks for alleging the policy change was a non-issue.

Parks didn’t respond directly to the criticism, later telling the Progress that Peck is entitled to her point of view. He said her comments came close to crossing the line into a personal attack, however.

He essentially said there was no upside to engaging in a discussion with Peck.

Indeed, it’s a wonder that the policy change produced a mini-controversy.

O

An OPA staffer who has managed the remote participation at Board meetings using the Microsoft Teams app said to the best of his recollection, the number of OPA members asking questions or commenting remotely in Public Comments is zero.

Parks didn’t like the article published by the weekly because to him it seemed slanted to Peck’s position that the Board was hypocritically abandoning transparency by establishing a policy restricting communication.

His letter to the Gazette editor suggested that the reporter who had written the article should no longer cover the OPA or attend Board meetings.

There was a difference of opinion among the OPA directors on whether the letter should hav been sent, according to reports on oceanpinesforum.com.

Director Colette Horn suggested that the Progress should be sent a similar letter, and Steve Jacobs was opposed. Frank Daly said he informed Parks about his opinion, but didn’t disclose it.

Parks said other directors were supportive, so it was sent out.

The letter said the OPA has the authority to restrict attendance at Board meetings to OPA members.

That has been the unwritten practice of the OPA for decades, rarely enforced if ever, with exceptions for reporters who aren’t OPA members.

The reporter who wrote the article is not an OPA member.

The Progress has been informed

that there is elevated concern that members of the “Justice for Gavin” and similar social media sites might attempt to “crash” Board meetings remotely if allowed to participate.

Parks’s letter suggested that the reporter had not reached out to him or other directors for their opinion on Peck’s critique, but it turns out the article did say the reporter had in fact attempted to reach Parks.

Parks told the Progress he had a cordial discussion about the article with the editor, Stewart Dobson, who said he would look into it.

The reporter didn’t attend the Board’s Dec. 15 meeting, but nonetheless reported on it, apparently attending it via live streaming or watching the posted video of it online.

Because of the ease by which reporters can access meeting content online, any supposed threat to ban them may have been intended sim-

ply to send a message to the reporter that Peck should not be the initial go-to person for any information about goings-on in Ocean Pines, especially if OPA officials are not quoted offering up another opinion.

The implied subtext might also have been: If you can’t reach a Board member for comment, don’t publish until you do.

Peck, whose election campaign for a seat on the Board this summer fell short by 15 votes, with the results questionable because of glitches with the scanning software used to count paper ballots, remains engaged in Ocean Pines political and policy matters, posting opinion and criticism on social media.

She’s no fan of Parks.

She is a supporter of the effort to name the Ocean Pines skatepark after Gavin Knupp, and has posted comments suggesting she supports the campaign to boycott Matt Ortt Companies restaurants in the area.

She has stopped well short of supporting the effort to remove MOC as manager of Ocean Pines food and beverage venues, however.

She was also a losing defendant in the Janasek vs. OPA litigation.

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January 2023 Ocean Pines PROGRESS 31

OCEAN PINES

Board approves $977,500 bulkhead replacement

Viola not keen on significant increase in height in response to rising sea levels

By ROTA L. KNOTT Contributing Writer he Ocean Pines Association will spend nearly $1 million next year to replace 2,300 linear feet of bulkheads at homes on three streets but there will be no substantial increase in height for the waterfront retaining restructures.

General Manager John Viola presented the 2023 bulkhead replacement program for contract award during a Dec. 17 Board of Director meeting. The Board voted unanimously to award the contract for $977,500, with 2,300 linear feet of bulkhead at $425 per foot, to Fisher Marine.

The project will replace bulkheads at 2 to 20 Watergreen Lane, 2 to 24 Goldeneye Court, and 20 to 42 Wood Duck Drive.

Director Steve Jacobs said there has been some discussion regarding the height of the bulkheads and rising waterlines due to climate change. He asked if consideration had been given to increasing the height of bulkheads to mitigate any impacts within Ocean Pines.

Viola responded no, that the height of the bulkheads will not be raised significantly but that the contractor has been making small increases.

“There is a slight increase the last few years,” he said.

He said some property owners have increased the height of the bulkheads on the property on their own and that has caused problems.

“We cannot build these bulkheads higher. When the water goes over them it would be pushed down and it would be behind the bulkhead,” he said. “The water can’t flow back out from behind the bulkheads when that happens, and all the dirt sinks behind it and we have a bigger problem.”

Many in the room said they could.

At a cost of $8,000 each for the two meeting rooms, Viola said the acoustic panels were installed by contractor Mid South Audio to adjust the noise to acceptable levels in those spaces. The company installed 30 panels in each room.

Mid South Audio is the same company that installed the audio visual equipment at the clubhouse, Yacht Club, and administration building.

Viola said the Golf Advisory Committee met on Dec. 15 in the same room and had positive comments about the acoustical improvements.

Drainage

The new pier will include a timber deck floating dock and fixed timber pier with aluminum gangway. The total project estimate is $100,000, with $75,000 from the replacement reserve and $25,000 from the new capital reserve.

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Contractors for the OPA are continuing to replace secondary pipes, some of which are 30 to 40 years old, across roads and ditches to improve drainage. Deppe Bros will be replacing drainage pipes at Birdnest Drive and Abbyshire Road drainage pipe at a cost of $10,200 and Ocean Parkway at Wood Duck bulkhead pipe at a cost of $9625.60. They will also replace two pipes on Teal Circle, a bulkhead stormwater pipe at a cost of $10,200 and a road pipe for $7,800.

The total forecast spend on drainage for the year is $550,000 from drainage reserves and $175,000 for drainage maintenance.

Acoustic panels

Before providing an update on installation of acoustic panels at the golf clubhouse, Viola asked those on hand for the Dec. 17 Board meeting if they could hear better what was being said.

Yacht Club repairs

Deferred maintenance to repair upstairs ceilings and the entrance to the Yacht Club will get under way in January, Viola said.

He showed the Board photos of the cracked and peeling Yacht Club ceiling and said that is a major job so the OPA retained a contractor to make the repairs at a cost of $10,800. Repairs to the rusty-looking Yacht Club entrance will be done using in-house labor from the Public Works Department.

Kayak recreation pier

The estimated $100,000 cost of installing a new kayak pier in Pintail Park will be included in the proposed 2023-24 OPA capital budget, Viola said.

Pintail Park was chosen as the location for the new pier by the Recreation and Parks Advisory Committee. The OPA has received the necessary federal, state, and county approvals for the project and is just waiting for signature from the Maryland Department of the Environment. Once MDE has finally signed off, Worcester County will release the construction permit, Viola said.

Director Colette Horn asked about parking at the site and wanted to know if a parking lot will be available for those using the piers.

Viola responded that there is an existing parking lot on the site and it will be adjusted to accommodate the expanded use of Pintail Park.

C-14 racquet sports resolution

A first reading was held during a Dec. 17 Board of Director meeting to correct the name of one racquet sport in an Ocean Pines Association resolution establishing and outlining the duties of the Racquet Sports Advisory Committee. References to paddleball in the resolution will be changed to platform tennis.

Director Colette Horn proposed the motion to revise Resolution C14 at the request of the Racquet Sports Advisory Committee. The resolution specifies that the committee advises the Board on tennis, paddle ball, platform tennis, and pickle ball matters and aids in promoting the successful operation of all racquet sport activities.

Horn said the change simply brings the language in the resolution in line with the types of racquet sports being offered by the OPA at the Ocean Pines Racquet Center.

In addition to promoting interest in racquet sports, the committee advises the Board on policy and operations including recommendations for improving the operation of the Manklin eadows Racquet Center.

It also assists with the development of budget proposals on programs, activities, facilities, and staff, recommending rules and regulations including conduct and dress codes, and monitoring the condition, care, and maintenance of the facilities.

Golf tournament success

Santa’s Open was held Dec. 10 at the Ocean Pines Golf Club and had 32 teams registered. The event was cosponsored with Shorebirds Baseball and Big Brothers Big Sisters and raised thousands of dollars for the nonprofit, Viola said.

He called the event a success and said receipts from the event were three times that of the prior year.

Seasonal clean-up is under way at the golf course and the driving range shelter and teeing area have been reopened. At the pro shop older merchandise is on sale to make way for next year’s inventory.

Road repaving

More than three miles of roads are being resurfaced this year as part of the OPA’s annual roads rehabilitation project at a cost of $363,122.90.

Already completed are Barnacle Court, Beach Court, Birdnest Court, Garrett Drive, Liberty Bell Court, Moonshell Drive, Rabbit Run Lane, and Surfers Way. Still to be resurfaced are Fosse Grange, Ivanhoe, Little John Court, Watergreen Lane and Willow Way.

Mailbox replacement

Linda Martin, Senior Executive Office Manager, said replacement of aging and damaged mailboxes throughout Ocean Pines began in July.

The replacement mailboxes and pedestals were ordered through Salisbury Industries at a cost of $54,953.72.

While the OPA is still conferring with the postmaster to schedule installation of pedestals and mailboxes, cleaning of mailboxes continues. Martin said the OPA originally ordered 92 pedestals and 17 mailboxes, and there are 56 pedestals and 12 mailboxes that still need to be replaced.

“Mailboxes will be a big part of the proposed budget,” Viola told the Board.

Director Stuart Lakerneck was complimentary regarding the project. “The mailboxes that you guys cleaned up look excellent,” he said.

To Page 32

BLACK AND WHITE

32

OCEAN PINES

Ocean Pines PROGRESS January 2023

Wells to chair bike and walking trails working group Viola, Donahue not supportive of $90,000 a year racquet center manager

By TOM STAUSS Publisher cean Pines Association General Manager John Viola seems to be taking seriously community interest in improving the bike and walking trail system in Ocean Pines.

In comments during the Nov. 30 Budget and Finance Advisory Committee meeting, Viola disclosed that Public Works Director Eddie Wells has been appointed chairman of a work group that will be set up to improve and possibly add walking and bike trails in Ocean Pines.

Bike trails generally require a pavement surface, asphalt or concrete, and therefore are very expensive to build and maintain, while walking trails usually involve a softer material, such as mulched bark, or crushed rock.

Viola mentioned Patti Stevens, an Ocean Pines resident and chair of the Worcester County Bike and Pedestrian Coalition, as a member of the work group.

“I’ve met with them to discuss what we can do,” Viola said, with asking for grant money among the options.

“We’re looking at area trails and {asking] for money,” Violia said, with the possibility that OPA funding would be sought. “We don’t need it now.

There’s something else we can do.”

That “something else” will probably be grant writing, a task that Viola said later will soon to be happening when the OPA brings on board a grant writer with connections to private organizations and government agencies that help fund walking and bike trails.

Viola said that it’s possible during the budget review process for 2023-34 that begins in January that he will have a number available for discussion, but he seemed to be more interested at this time to investigate possible outside funding source.

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Rec committee recommends $90,00 racquet center director

The OPA’s Recreation Advisory Committee is recommending a major upgrade to the on-site manager position at the Manklin Creek Road racquet complex. The previous manager has resigned, and as a result the committee is looking for someone with credentialed experience in all three racquet sports - pickleball, platform tennis and tennis -- that take place there.

The upgraded position, Viola told the B&F committee at its Nov. 30 meeting, could cost up to $90,000, and Viola said that he and Recreation Department Director Debbie Donahue think that may be too rich and unlikely to receive Board approval.

The Recreation Committee, on the other hand, believes an experienced manager with certification in all three sports could raise money, bring in more tournaments and schedule more classes and otherwise provide better management as a full-time employee.

Calling a $90,000 increase “a big step up,” Vi-

ola said the position carries a cost of $30,000, and that Donahue thinks a range of $30,000 to $45,000 is more realistic.

Viola said the racquet center already has a tennis pro and a “pickleball expert on staff,” as well as a full-time maintenance staffer. He admitted that the center is a “little light” on platform tennis expertise.

B&F committee chair Dick Keiling pointed out that if Viola went in with the higher number of $90,000 it would have to be tied to additional revenue projections from more tournaments.

He also said it might be difficult finding an individual with certifications in all three racquet sports.

The more expensive option will probably be a topic for discussion in the budget review process that begins this month.

Strategic Planning Committee suggests increase in amenity fees Mentioning that the Strategic Committee Planning Committee is suggesting there is a need for more revenue from Ocean Pines amenities, Viiola indicated that increases in amenity members dues and fees would be on the table during the 2023-24 budget review process.

Viola said he would like to collect enough revenue to cover depreciation expense, citing golf as one amenity where that might be possible.

Combating a shortage in lifeguards might require increases in Aquatics revenues to compete with others in the area who are increasing their hourly wages for lifeguards, he said.

Viola told the committee that the amenities budgets need to strike a balance.

“In general, we don’t like to raise fees,” he said, but some increases are likely necessary, he said.

Dec. 17 Board meeting From Page 34

Aquatics

A new afternoon water fitness class will be held Tuesdays and Thursday beginning Jan. 10 at the Sports Core pool.

The Hydrorider water cycling class was requested by Aquatics Committee and aquatics members, Viola said.

CPI violation dashboard

Martin said there were 32 new violations identified by the Compliance, Permits, and Inspections office in November, but they also closed ten, leaving 105 outstanding violations as of Nov. 30.

Of those, there are 54 pending legal actions.

The OPA also received 57 new work orders, many of which were for drainage issues, but closed out 67, leaving 69 outstanding work orders.

“The drainage crew has been working and complied out a lot of them,” she said.

Golf course irrigation project may be pushed off to fall of 2024

In response to a question by Keiling, Viola said he, Director of Golf Maintenance Justin Hartshorne and Director of Golf Bob Beckelman are not pushing for a restart of the the long-delayed golf course irrigation project in 2023-24. The earliest it might be possible to launch would be November of 2024, he said.

Engineering design is still to be completed, and contractors are not available until late 2024 at the earliest Viola said.

The project whenever and if it gets under way would be an expensive one. Nine of Ocean Pines’ golf course fairways were rebuilt with new irrigation equipment more than ten years ago, with two or three holes done per year. The priority for 2023-24 will be new electrical panels in the golf course pump station, he added.

New OPA grant writer to pursue SAFER grant for OPVFD

Viola confirmed during the Nov. 30 B&F committee meeting that the OPA would be pursuing a two-year SAFER grant to help the OPA cover the cost of a new full-time employuee that the Ocean Pines Volunteer Fire Department is asking for in the 2023-24 department budget.

Viola said the SAFER grant, which requires the OPA to fund the salaries of the new paramedics once the two-year grant money expires, is just one of many that the OPA will be pursuing once a new grant writer is on board.

That new position was expected to be filled very soon, before the end of December. It was.

Former OPA Director Amy Peck pushed the idea of pursuing the SAFER grant during the B&F committee’s October meeting.

On the customer service side of operations, she said there were only 81 calls. “It’s slowing down this time of year.”

Annual service awards

The OPA recognized employees with five of more years of service at a Dec. 16 holiday party.

The 11 employees honored have a combined 150 years of service to the association.

They were Lt. Greg Schoepf, 40 years; Clint Parks and Ruth Ann Meyer, 25 years; Eddie Wells, 20 years; Josh Vickers, 10 years; and Travis Brittingham, Kyle Dalton, Anthony Howard, Clarence Rounds, Billie Tragle, and Matthew Wallace, 5 years.

Committee appointments

`The Board approved two advisory committee appointments at the Dec. 17 monthly meeting.

Appointed were Karen Baldwin, first term, to environment and natural assets, and Pam McGregor, first term, recreation and parks.

OCEAN PINES

January 2023 Ocean Pines PROGRESS 33

Lora Pangratz offers moving tribute to late son Alludes to grief and emotion in death of Gavin Knupp

By ROTA L. KNOTT Contributing Writer grieving mother took to the microphone during the Public Comments segment of a Dec. 17 meeting to thank Ocean Pines’ emergency responders for caring for her son in his last days.

Lora Pangratz encouraged the Board of Directors to recognize that emotions have played a part in recent discussions about how to best honor 14-year-old Gavin Knupp who was killed in a hit-and-run incident earlier this year.

“I just felt that the emotions of the last year and in the last couple of months in particular dealing with grief have been really high. And I think you should revisit some of the topics in the future when all the emotions can come back down and we can actually deal with this in a calm manner,” Pangratz told the Board.

Pangrastz, who is chairman of the By-laws and Resolutions Advisory Committee, shared her personal story of loss, relating the November death of her 26-year-old son, AJ. She said about a year ago her family became full time Ocean Pines residents. AJ, who had muscular dystrophy and could not move any part of his body himself, was no longer able to travel easily between their two homes, so they chose to stay in Ocean Pines.

“He loved being here,” she said of AJ. But she said he was confined to home to his bed for the past year.

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Staff honorees

On Nov. 2 she called 911 after AJ contracted Covid. “We managed to avoid that lovely virus for two years, and tried to keep him healthy. But he was having trouble breathing,” she said.

She expressed her gratitude to members of the Ocean Pines Volunteer Fire Department who carried AJ from their home to Atlantic General Hospital in Berlin.

“I’m very grateful that we have them here,” she said. “They had to work a little bit to get him out of our house. But they did it. They did it kindly and compassionately.”

After ten days in the intensive care unit as his parents were preparing to bring him home, AJ went into cardiac arrest and passed.

“His body was just done,” she said.

Pangratz thanked members of the By-laws and Resolutions committee members for understanding that the November meeting had to be postponed and OPA Board and staff for their support.

“What I want us to focus on is that sometimes when we’re all here and we’re emotional about whatever the topic is, that’s not the best time to make decisions,” Pangratz said, alluding to the ongoing debates over memorializing Knupp by renaming the Ocean Pines skatepark for him as his family has requested.

“We know there’s other grieving parents out there. I know there’s other grieving parents out there. I know there’s other topics that are unrelated to grief that cause emotions to run high,” Pangratz said. “And what we have to do is take

The Ocean Pines Association on Dec. 16 honored 11 employees for their combined 150 years of service. The brief recognition ceremony occurred during the annual staff holiday party at the Ocean Pines Clubhouse Bar & Grille. General Manager John Viola said such recognition is important because many workers fly under the radar. “These nine gentlemen and two ladies represent the backbone of this Association,” Viola said. “It’s thanks to their hard work that we’re able to continue to move forward on so many of our initiatives, and we wanted them all to know how much their work is appreciated. Thank you all for a job well done.” Honorees included Travis Brittingham, five years; Kyle Dalton, five years; Anthony Howard, five years; Clarence Rounds, five year; Billie Tragle, five years; Matthew Wallace, five years; Josh Vickers, ten years; Eddie Wells, 20 years; Ruth Ann Meyer, 25 years; and Clint Parks, 25 years.

a minute. Give ourselves some time to process things and then decide the best course of action.”

As an example, she said someone suggested she start a scholarship in AJ’s name, but she recognized that she’s not at a point where she can think about things like that.

“But when we come up here and speak and when we behave at home or on social media and the emotions are running high, things can be said that we can’t take back. Things that we say, we might regret later,” she said.

‘Spec Tennis’ founder visits Ocean Pines Racquet Center

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pec Tennis inventor Nate Gross visited the Ocean Pines Racquet Center on Dec. 21, where he spoke with players, signed autographs, and played several rounds of the new sport.

A tennis pro at the Belvedere Tennis Club in Tiburon, California, Gross invented Spec Tennis in 2016 by combining elements of tennis, racquetball, beach tennis, pop tennis, table tennis and pickleball.

“I was trying to play on pickleball courts with my dad, but the equipment we were using wasn’t quite right. The court was smaller, so we needed to slow it down. So, I started playing around with different paddles and different balls.”

Gross said he settled on a platform tennis paddle and an orange-dot tennis ball, and the new sport evolved from there.

Gross said the advantage of the sport is that it’s easy to learn.

“It’s quick, so you can get a good workout in a short amount of time, and you can really play anywhere,” Gross continued. “They’re playing here on platform tennis courts, but you can play on pickleball courts or tennis courts – really any hard surface.”

Gross said the response to Spec Tennis has been amazing.

Karen Kaplan started organizing Spec Tennis clinics in Ocean Pines last summer.

“I was so happy that the founder of Spec Tennis could pay us a visit today. Since we’ve introduced Spec Tennis to the platform tennis courts, our membership has grown by a third and we have a new game for people to play. It’s great for all abilities, so if you used to play or want to play a racquet sport, come on down and join us!”

34

OPA FINANCES

Ocean Pines PROGRESS January 2023

OPA records a $114,000 surplus in November Positive operating fund variance for the year at $938,000

By TOM STAUSS Publisher he Ocean Pines Association recorded a $114,329 operating fund surplus in November.

That brought the fund surplus to $937,835 for the year, with the possibility that the balance will exceed

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$1 million after December.

According to a financial report by Controller/Director of Finance Steve Phillips, the November positive variance to budget resulted from revenues over budget by $55,972 and expenses under budget by $58,357.

The positive operating fund sur-

plus for the year through November resulted from revenues over budget by $907,415 and total expenses under budget by $30,420.

For the month, all amenity departments except beach parking were in the red.

But all amenity departments ex-

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cept for pickleball (-$15,052), Clubhouse Grille (-$6,162), and marinas (-$2,932) out-performed their budgets for the month.

Variances to budget are the perhaps the best way to measure financial performance.

Beach parking missed its budget by only $1, essentially break-even relative to budget.Through November, all amenity departments are in the black and all departments are ahead of budget.

The Recreation and Parks Department, funded by annual assessment dollars and fees, is ahead of budget for the year by $59,547.

The Yacht Club was the top producer for the month relative to budget ($15,521), followed by Aquatics ($15,521) and golf operations ($15,521).

For the year through November, golf is the top producer among the amenities, with $517,020 in net earnings.

Next is beach parking ($476,235, followed by the Yacht Club ($424,693), Aquatics ($257,985), marinas ($253,234), the Beach Club ($230,926), pickleball ($64,235), Clubhouse Grille ($63,012), platform tennis ($3,434) and tennis ($1,697).

Compared to budget, the leader through November is golf, $198,144 ahead of budget, followed by Aquatics, $148,326 ahead of budget, and the Yacht Club, $101,680 ahead of budget.

The Beach Club exceeded budget by $87,640, followed by marinas ($34,246), beach parking ($23,217), pickleball ($16,128), platform tennis ($11,319), tennis ($1,325), and Clubhouse Grille ($205).

All three food and beverage venues managed by the Matt Ortt Companies are performing well, suggesting that a boycott of MOC venues advocated by some in the “Justice for Gavin (Knupp) campaign has not had any measureable impact in Ocean Pines.

Reserve summary -- The Nov. 30 reserve summary indicates total reserves of $8.814 million.

The replacement reserve balance was $5.91 million, with bulkheads and waterways at $1.29 million, roads at $1,058,100, drainage at $246,734, and new capital at $130,034.

LIFESTYLES

January 2023 Ocean Pines PROGRESS 35 Aquatics Director Kathleen Cook organized a similar angel tree at the Sports Core Pool, sponsoring three families through a local church.

“It went well, as always,” Cook said. “We live in a community that is cean Pines Association staff’s ager, helped organize staff donations seven families in the immediate so loving and generous.” annual holiday giving this at Ocean Pines’ central office. area, and another 13 in Worcester Cook said the angel tree program year helped feed 20 local famShe said the Association tradi- County. means a lot to her and was someilies and collected donations for sev- tionally donates holiday dinners to “We thought we couldn’t just leave thing she first did in high school. eral local nonprofits and charitable 10 local families in need.

10 families without a holiday meal, “It helped us truly understand organizations.

However, in working with the so we decided to adopt all 20 fam- how blessed we were and allowed us Michelle Lane-Ross, administra- Worcester County Health Depart- ilies,” Lane-Ross said. “It was quite to see that wasn’t the case for everytive assistant for the General Man- ment this year, she said they found an undertaking, but all employees one,” she said. pitched in. Each department was Cook took the concept to a former assigned a certain item and they all supervisor several years ago, and it delivered.” became an annual tradition for the Lane-Ross also helped organize Aquatics Department. an “angel tree” in the administration “Once I presented it to my boss, building, where each angel-shaped it was agreed that we would develop ornament represents a gift sugges- a similar program,” Cook said. “Now, tion for a local family in need.

I get to watch parents take angels Once again, the Association with their children, and they are worked with the Health Depart- teaching their children the same lesment. sons that we learned in high school.

“It was a single mom with three “I am so humble for the phenomdaughters. Between staff and the enal support that this community Ocean Pines community, we sup- gives to this program,” she added. plied many gifts for the family. I Jessica Conaway, an adminisdon’t think they will be disappoint- trative assistant for the Recreation ed on Christmas morning,” Lane- and Parks Department, collaborated Ross said. with two local charitable campaigns.

This was the first year LaneThe department for several years Ross was tasked with running all has helped the “Be a Santa to a Sethe holiday giving related to Ocean nior” program run by Home Instead Pines Administration. “I was happy Senior Care.

Fashion show attendees to take it on,” she said. “It was a lit“This countrywide program Republican Women of Worcester County members attending the American tle tricky, since it was my first time brightens local seniors’ hearts by Cancer Society Fashion Show at the Ocean City Convention Center on Dec. 6 are, taking on these events. But with the giving them a gift they otherwise seated, left to right, Jean Delcher, Barbara Loffler, Raye Simpson and Mary Adair.

Standing, left to right are Cheryl Jacobs, Sandy Zitzer, Amy Mike and Marita Mike. help of staff and community it was a wouldn’t have,” Conaway said. huge success!”

“Crystal Heiser, coordinator of this program, said that this year almost 800 local seniors received gifts, with close to 200 coming from Ocean Pines area ‘Santas.’

Conaway and the Recreation and Parks Department also collected donations for Believe in Tomorrow’s Children’s House by the Sea. “This program allows families with critically ill children the opportunity to get away, relax, and reconnect together in the midst of a child’s treatment and recovery,” Conaway said. “Donating items such as toys, books and puzzles helps the children feel more normal, at ease and relaxed while they are here at the beach.”

Wayne Littleton, the coordinator of this program, is very appreciative of the donations the Ocean Pines Shape-ups community gives during the holiday Shape Ups, the popular Ocean Pines exercise team of over 80 members, recently danced and exercised to holiday tunes. The season. leadership team of Tom Dempsey, Barbara Harman, Marion McCurdy, Karen Megary, and Judy Neustadt re-vitalized the long Littleton thanked Conaway for existing program with new exercise routines, a published calendar of specific classes, schedules and reminders. This holiday helping the program during the last season, the membership donated to the Grace Center for Maternal and Women’s Health in Berlin and gift cards were given to three years, and all the Ocean Pines Sarah’s Pantry for families in need. The Group exercises Monday, Wednesday and Friday, September until June at the Ocean Pines Community Center. A membership fee of $20 covers nine months. Send an email to shape_ups@yahoo.com for more Association staffeers and Ocean Pines residents who took part. information.

OPA staff supports local families and non-profits during the holidays

O

36

OPINION

Ocean Pines PROGRESS January 2023

COMMENTARY

T

Janasek wins, ‘bad faith’ loses

he recent conclusion to the Janasek vs.

OPA litigation could not have been more satisfying or just, with the $49,000 (and rising) cost to the OPA to defend the indefensible sending a message to certain directors past and current that language in the governing documents that limit the powers of the Board of Directors needs to be followed.

Had a Board majority last summer not harbored animus toward former Director Tom Janasek, and had it been able to read, comprehend and apply clear direction in the by-laws and other governing documents, Janasek would not have felt compelled to file a suit to overturn the injustice of a 90-day suspension from OPA food and beverage venues.

Had rationality prevailed once it became clear that it was Janasek who had engaged in a verbal altercation with former Director Josette Wheatley, using language that is not used in polite society, whatever that is in this dystopian day and age, the issue would have been handled by Wheatley filing for and obtaining a “peace order” banning Janasek from her presence for a period of six months.

Janasek apologized, she obtained a peace order, and that’s where it should have ended, but it didn’t. A Board majority acting out of hubris and animosity, and a misplaced allegiance to Wheatley, and violation of clear language in the governing documents, decided it needed to intervene by suspending Janasek for 90 days, presumably to keep him out of the food and beverage venues in particular, where he has a part-time job maintaining draft beer lines.

Decisions by Worcester County Circuit Court Judge Beau Oglesby, including a temporary restraining order and temporary injunction, were decided indisputably in Janasek’s favor. Had the litigation continued into the summary judgment phase, there is no doubt as to the outcome.

Janasek’s attorney, Bruce Bright, in every aspect, won every argument in the case.

Two statements by the Court’s most recent ruling stand out. One is that specific language in the governing documents limit amenity suspensions to failure to pay annual assessments and declared violations of restrictive covenants, or a decision by the General Manager that a suspension is warranted.

These specific instructions, according to the judge, could not be overruled or rendered meaningless by vague authority in governing documents giving the Board the power to act in the best interests or general welfare of Ocean Pines.

Members of last year’s Board majority before election results were known in August argued general welfare language prevailed over specific limitations. They were, simply put, wrong.

The judge also articulated ways that the former Board majority had exercised “bad faith” in its unfair persecution of Janasek. As they’ve

3

5*

0

* Janasek vs. OPA (extra point for legal fees), Farr vs. OPA, Trendic vs. OPA, Swim and Racquet Club case

been itemized in prior editions of the Progress, they won’t be repeated here. Suffice it so say that Janasek, in rejecting a settlement offer of $2,000 and then $10,000 to settle, would not be bought off so easily.

He cited the former Board’s bad faith, and similar bad acting in the 2021-22 Farr case and the 2019 Trendic case, as reasons he wouldn’t settle. That and a statement attributed to Frank Daly, according to one of his colleagues, that the intent was to bleed Janasek dry.

More bad faith to add to the toxic stew.

When the smoke had cleared from the settlement conference on Dec. 21, it was evident the current Board had capitulated, deciding in a 6-0 vote -- Colette Horn not attending and not voting -- to cover Janasek’s legal fees in return for settling the case. According to OPA Director Rick Farr, that contribution is $18,750.

The OPA’s insurance company will pay them, as well it should.

This outcome is another triumph for Bruce Bright. While state courts in Maryland rarely grant attorney’s fees to the prevailing party in litigation, it turns out the insurance company thought it a prudent investment in a reasonable settlement. The OPA had a very poor hand going into settlement talks on the merits of the case.

One director commenting on “bleeding Janasek dry” was hardly going to improve the OPA’s lack of leverage.

This debacle cost the OPA its $25,000 insurance deductible and another reported $24,000 (through November) to Lerch Early, whose general counsel, Jeremy Tucker, provided auxiliary legal services to the OPA Board and insurance

company lawyers. To the extent Lerch Early is helping with the final settlement document, more expense in December and even January is likely.

At the very least, defendants Daly, Horn, Perrone, and Peck should apologize to the OPA membership for their Court-adjudicated bad faith in the Janasek affair. Some retroactive crow consumption and asking for forgiveness in the Farr and Trendic cases would also be appropriate.

That doesn’t seem too likely, though. Reporting in this edition of the Progress suggests that directors Daly and Horn are planning some timely deflection or blame-shifting as early as the January Board meeting. Stay tuned for some pending motions involving the Matt Ortt Companies.

No repercussions or accountability will befall Daly and Horn, the two defendants in the case who remain on the Board. And yet the former Board majority was all too willing, if not anxious, to impose accountability on Janasek by giving him a three-month time-out, one that would have affected his livelihood by prohibiting him from practicing his trade at Ocean Pines bar venues. That’s a two-tiered system of accountability.

The former Board majority last year went to bat to defend Wheatley, who had voted self-servingly to suspend Janasek when she should have recused, since she had a starring role in the affair.

This is the same former director who recently labeled the current Board a “criminal enterprise” for reasons poorly articulated but no doubt having something to do with the Board majority’s steadfast support of the Matt Ortt Companies in the failing boycott campaign. - Tom Stauss

OPINION

January 2023 Ocean Pines PROGRESS 37

A mini-kerfuffle over virtual public comments

T

here’s been a mini-kerfuffle on social media of late which takes OPA President Doug Parks to task for a policy that excludes those who aren’t attending Board of Directors meetings in person from making comments from a remote location during Public Comments.

It’s been framed by former OPA Director Amy Peck as inconsistent with an avowed policy of transparency. There has been some commentary that this is an example of suppressing free speech, and thereby an assault on the First Amendment.

Parks has reportedly called Peck’s critique a non-issue, and looking at the situation through an objective lens that seems like a fair assessment. For those with an active bias against Parks, this policy might loom larger in importance than it deserves.

It’s a non-issue because OPA members who want to participate in meetings beyond simply watching the proceedings are far and few between.

When asked by the Progress how many OPA members have ever wanted to express themselves virtually through Microsoft Meetings during Public Comments, an OPA staffer who would know because of intimate first-hand knowledge of OPA IT replied this way: “Zero.”

As in zilch, nada, none.

That would suggest that it is indeed a non-issue for .99988168 or so of the OPA membership.

Even if one or two attempts to comment remotely made it through the digital cracks and there’s a memory lapse at play here, who really has been adversely affected?

Let that person or persons step up and be identified.

Until then it’s a tiff over a hypothetical that’s barely worthy of the term.

The policy may have been implemented to prevent the possibility of non-OPA members, or even OPA members, whose personal pronouns are “Injustice for MOC,” from spreading their malicious anti-Matt Ortt Companies boycott propaganda at OPA meetings.

There was a lot of that bullcrap planted on OPA social media sites not too long ago, so thinking it might spread to OPA Board meetings is not without some foundation. It’s a lot more difficult to make borderline defamatory comments in a public fo-

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 rum than it is on an online setting.

In a related matter, a letter by Parks to the editor of a local weekly complaining of a headline and article recently attracted some attention on local social media.

It referenced the aforementioned contention that non-resident OPA residents were being excluded from participating in OPA Board meetings.

Watching live streaming of a meeting isn’t much different than watching it in person, especially when there is no interest in opining during Public Comments.

Those who observe a Board meeting in-person or remotely are engaged in an activity of a kind -- more passive than active but it’s still engagement.

Maybe the headline was a bit off the mark; maybe not. It wouldn’t be the first time a headline is somewhat at odds with the content of an article.

The article at issue seemed to rely mostly on Amy Peck for its content, and that’s what ticked off a Board majority who favored sending the letter. Suffice it to say she’s not popular with some of her former colleagues.

Apparently the reporter did attempt to get in touch with Parks for a rebuttal or simply a different perspective but did not hear back in time to include it in his story.

That also happens all the time in the news business, and reporters and editors have to decide whether to run an article without giving the “other side” equal time.

Deadline pressures at a typical weekly do not always provide the needed time for sufficient reflection.

Sometimes, the better approach is to let an article simmer until someone with an alternative point of view is contacted and offers a quotable, competing perspective.

More often than not, the decision is made to go with what you have.

As OPA president, Parks takes seriously his role as the OPA Board’s primary media go-to person. He’s not difficult to reach.

Sometimes it takes a few days for a response to arrive.

The not-too-subtle subtext of Parks’s letter was: Don’t rely on Amy Peck as more or less a sole source for anything that goes on in Ocean Pines. She sometimes has good information and has shared it with the Progress.

But in this case it was a recipe for disinformation covered in a sauce of opinion with a tablespoon of anti-Parks venom.

It was undeserved.

Parks’s letter also called on the editor not to send his reporter to cover OPA meetings in the future, a somewhat over-the-top suggestion that seemed designed more to make a point than to effect the reporter’s banishment from Ocean Pines.

According to Parks, he subsequently had a cordial discussion with the editor who said he would “look into” the article at issue.

Shutting down any media access to meetings is never going to be a good idea, and it’s hard to image that Parks and his colleagues were not aware of that when including it in the letter.

The reporter didn’t attend the Board’s Dec. 17 meeting but had articles about it in the newspaper’s next edition. With bylines. The meeting was obviously “remotely” attended through on-line streaming or the post-meeting video. On-site attendance was clearly not required.

Here, too, there was a message sent and no doubt received. There’s been no follow-up to the “threat” of imminent banishment.

More evidence of trivial pursuits this past month was the debate in social media about whether the letter should have been sent, and who among the directors agreed with the sentiments expressed.

In email, Parks had those who you would expect to share his opinion and approach: directors Farr, Stu Lakernick and Monica Rakowski.

Without these four votes in favor, the letter would have ended up in the recycle bin before it was sent out to the newspaper.

Directors were asked about the letter on oceanpinesforum.com.

Not disclosing his point of view on the contents of the letter and wheth-

er it should be sent out: Frank Daly.

Disclosing his opposition to sending the letter: Steve Jacobs.

Suggesting that a similar letter should have been addressed to the Progress: Colette Horn.

This response was amusing.

Given the gag order on the Janasek suit, there’s nothing that comes to mind where an “equal time” comment from Dr. Horn was called for in recent months.

And if the “no comment” was the predictable outcome, why waste the phone call or email asking for comment?

Now that the case is in the rear view mirror, an opportunity to comment on the Janasek settlement and the judge’s comments about the Board majority’s Bad Faith, etc., was afforded Dr. Horn.

It was sent Dec. 26.

She offered a no comment for now, pending settlement terms signed off on in a formal agreement.

Finally, one can quibble that the Parks letter incident should have been handled in a public meeting rather than through email, but there’s no record of any director calling for a special meeting.

So the spirit and letter of OPA by-laws allowing for email votes with the unanimous consent of all directors seems to have been adhered to.

Close enough, anyway.

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 WRITER Rota Knott 443-880-3953

38 Ocean Pines PROGRESS January 2023

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BIC Construction files amended complaint that seeks to void height limits Contractor contends that Cove Declarations don’t authorize ECC to deny applications for homes higher than 35 feet

By TOM STAUSS Publisher prominent local contractor, BIC Construction, that has built more than 300 homes in Accomack County and 150 in Captain’s Cove, has renewed its legal battle to prevent Captain’s Cove Golf and Yacht Club from enforcing a 35-foot height limit in the community.

The contractor in mid-December through its Virginia Beach attorney Douglas Kahle filed an amended complaint that effectively renews litigation that was recently dismissed by an Accomack County Circuit Court judge in a demurrer action.

The earlier case was filed against CCG Note,

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Photo by Lizzy Tish

the Captain’s Cove developer/declarant, on the debatable basis that CCG Note controls the CCGYC and through it the Environmental Control Committee.

CCGYC was not named in the earlier action.

With the new filing, CCGYC was named in the suit along with CCG Note.

The amended suit is similar to the original but makes it more explicit that the builder wants the court to enjoin the Cove association from enforcing its 35-foot height limit through the ECC. Kahle argues that the Captain’s Cove Declarations do not explicitly give the association the authority to regulate the height of homes.

The suit contends that:

• From 1998 to 2021, the ECC consistently approved homes taller than 35 feet from ground level.

• Prior to 2021, ECC approvals took two weeks or less. Beginning in 2021, approvals of BIC applications if they occurred at all took two months or longer.

• According to an engineering survey arranged for by BIC, there are 12 homes in Captain’s Cove that range in height from 37 to 44 feet.

Kahle on behalf of BIC is asking the Court to enjoin the CCGYC from enforcing the 35-foot height limit because of that alleged inconsistency.

CCGYC and BIC have been engaged in a battle over a home under construction on Blackbeard Road that the ECC contends exceeds the height shown in the application. BIC argues that the plans clearly indicated a height greater than 35 feet, and that the association improperly pulled its prior approval of the application.

The ECC approved the plans in November of 2021 and then withdrew approval on the grounds that it was taller than adjacent homes, according to the complaint, contending that the Declarations do not allow withdrawal of approval once given.

BIC contends there is another home on Blackbeard Road that exceeds 35 feet in height.

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CAPTAIN’S COVE CURRENTS

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Operating Committee organizes with seven Class A members, no Class B owners New panel shifts the power balance in Cove governance to Class A members

By TOM STAUSS Publisher hile developer/declarant members of Captain’s Cove Golf and Yacht Club Board of Directors arguably still control Captain’s Cove government by casting votes in sufficient numbers to elect candidates of their choice in annual Board of Directors elections, the creation of a new Operating Committee shifts the power balance to Class A members of CCGYC members.

Class A members are resident or non-resident owners of property in Captain’s Cove. Class B members are those associated with the declarant/developer, CCG Note and

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BIC Construction

From Page 38 The county after the ECC withdrew its approval issued a stop work order on the project, but CCGYC President Tim Hearn said the work has continued despite the stop work order.

“I don’t know why,” he said.

Hearn said that CCGYC and CCG Note would be responding to the revived complaint before the end of January.

CCGYC hired Vista Engineering in 2021 to assist the ECC in reviewing applications for new homes in Captain’s Cove, and soon after the ECC began requiring builders to submit detailed engineering specs with each application.

Most builders active in Captain’s Cove were already complying, but BIC traditionally had submitted plans that were drawn by hand and sometimes not to scale, according to Hearn.

At a recent Cove Board meeting, BIC owner Raymond “Junior” Britton contended that the new requirements adds about $5,000 to the cost of a home, arguing there is no authority in the Declarations to impose it.

That dispute in turn has contributed to continued fraught relations between BIC and CCGYC.

affiliates.

The committee according to its charter has two tasks -- making recommendations to the Board and to the property management team headed by Colby Phillips. But since four members of the newly created committee -- Mark Majerus, Pat Pelino, Frank Haberek and George Finlayson -- are members of the Board, these four directors if they act as a cohesive unit could guarantee that their recommendations become policy for CCGYC. The other three appointments to the committee are Ralph Burner, Dave Kieffer and Dave Sepelak, all three Class A CCGYC members.

There are two current Board members, Michael Glick and Jim Silfee, who are affiliated with CCG Note, the Cove’s declarant/developer since 2012. They are Class B members in CCGYC. Cove President Tim Hearn is a Class A member of the Cove association but has business ties with Glick and Silfee.

He’s said he has not been an individual investor in CCG Note, purchased a business from two of Note’s Members, and has acted as a real estate agent on properties in Maryland for which CCG Note’s members have an ownership interest.

Finlayson was a member of Board in the early 2000s and was president when former developer Bob Warfield built the present-day Marina Club to replace an aging 1970-s era Yacht Club.

When former CCG Note-affiliated director Roger Holland resigned from the Board shortly after this year’s Board election, Finlayson was unanimously elevated to a full Board member, which in turn guarantees Class A control of the Board.

Finlayson and the other Class A resident directors were all elected with support of the 1200 or so votes cast by CCG Note in the 2022 election.

Class B votes for candidates were roughly twice the number of votes cast by a group of Cove members who often are at odds with the cur-

rent Board and CCG Note.

Hearn also remains a pivotal figure in CCGYC governance, working well with his Class A and Class B colleagues.

The creation of an operations committee chaired by Majerus does shift a lot operational influence to a group of Class A members. It would seem to suggest that once a recommendation by the committee is forwarded to the Board, after having been extensively vetted at the committee level, the odds favor swift passage by all seven directors.

Cove Senior General Manager Colby Phillips recently said she welcomes the creation of the new panel, which she regards as consistent with the creation of working groups to deal with specific issues, such as Lake Ernie water levels.

“It will make decision-making at the Board level even more seamless and efficient,” she said. “I appreciate the assistance this committee

will provide in making sure decision-making and recommendations are fully vetted.”

Unlike working groups, this new operations committee has no expiration date. As chair, Majerus plowed through an extensive agenda at the group’s first meeting, Dec. 15, what he called a soft opening. is attention to detail and command of issues suggests a delegation of some practical authority to Majerus, who lives year-round in the Cove, from Hearn, who works and has primary residence in the Baltimore area.

Cove member George Dattore during the meeting asked when the Board had voted to essentially delegate its powers to the operations committee, but Majerus countered.

He said that the Board had voted to create the operations committee the previous month, and that ultimate authority to make policy continues to rest with the Board and day-today operational authority will rest with Phillips and her management team.

In addition to electing Majerus as committee chair, members voted unanimously for Pelino as secretary and Kiefer as vice-chair.

Majerus later told the Cove Currents that the monthly property management team meetings would be merged into the operational committee meetings.

Vandalism damages dredging boat Majerus says CCGYC waiting for marine contractor to ‘pull’ vessel for full assessment

By TOM STAUSS Publisher he extent of recent vandalism to the Captain’s Cove Golf and Yacht Club’s dredging boat is unknown, and until it is it’s impossible to get a fix on how long it might be before dredging activity in Cove can resume.

CCGYC director Mark Majerus told the Cove Currents in a Dec. 22 telephone interview that the association is awaiting Evans Marine from Crisfield to pull the dredge from its current location at the Cove’s maintenance dock. The marine contractor will determine the extent of damage, the cost of repairs, and then it will be a Board decision to proceed with a repair.

At that point there should be some idea on how long it will take to complete repairs.

He hopes it can be done in about a month, but it’s too soon to know whether that goal is realistic.

Majerus said because water is clear this time of year, it’s been posu

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CAPTAIN’S COVE CURRENTS Dredging boat

From Page 40 sible to look below the water line to see that the boat’s cutter head “is not aligned as it should be,” perhaps off kilter by about 30 degrees.

He suggested that this kind of damage doesn’t typically happen, and that therefore the conclusion is that it was a deliberate act of vandalism.

During the evening of Dec. 15, he said, someone untied the dredge from the bulkhead at the end of Blackbeard Road. One line was removed and the other untied from both ends and thrown back on top of the dredge.

“Had this been a case of poor knots, the lines would have been attached to one end,” he said.

Had it been “winds that snapped the line,it would still have been attached to the cleat on the dredge and to the pilings. The dredge floated and bounced its way down the canal, damaging the cutting head, he said.

He added that the cutting head received “unknown damage to the point that it is no operational and we will need to pull the entire vessel for further assessment.”

It’s possible that other damage will manifest once a thorough assessment of the boat is made, Majerus said.

This is not first time the boat has been out of commission in recent years, although the prior outage was not the result of vandalism.

Dredging was delayed last year, as repairs were required to the push boat.

Dredging was to begin in the canals between Starboard Street and Blackbeard in December, Majerus said.

Although the hope is that the cutter head can be fixed at a relatively modest cost, he said it’s possible that replacing the boat will become an option at some point in the future.

“That can’t happen in the next month or so, and we don’t know the lead time needed for a new boat,” he said.

That means the damaged boat will need to be repair before dredging can start. For those directly affected, delays are frustrating, and Cove management is well aware of that.

The boat has been used for dredging in Captain’s Cove since the late 1980s, Majerus said, and its useful life may be nearing an end.

January 2023 Ocean Pines PROGRESS 41

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CCGYC responds to second suit filed by seven Cove residents challenging townhome project Cove attorneys say some complaints don’t comply with statute of limitations and others fail to state sufficient facts to constitute a cause of action

By TOM STAUSS Publisher n attorney for Captain’s Cove Golf and Yacht Club has responded to a lawsuit filed recently by seven Captain’s Cove residents challenging road access to the proposed Hastings/Mariner Townhome project in addition to complaints against other past and future actions of the CCGYC Board of Directors.

The attorney for the CCGYC is Emma Greger, of the O’Hagan Meyer law firm of Richmond, Va. As named defendants CCG Note, the Cove’s declarant/developer, will be filing its separate response through Pender and Coward, a law firm based in Virginia Beach.

In remarks at the Dec. 15 Operations Committee meeting, CCGYC board member and committee Chairperson Mark Majerus said the response could be summarized as asking for dismissal on

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the grounds that statutes of limitations have expired on some of the complaints, while others involve future potential actions by the Board and were not presented in the “correct legal format.”

He advised CCGYC members to check out the 11-page response on the Cove Website in the legal folder in the documents section.

The response is called a demurrer, defined as a challenge that asserts that the complaints should be dismissed because it fails to state sufficient facts to constitute a cause of action.

Embedded in the demurrer are assertions that some of the complaints involve matters in which the statute of limitations has expired. This argument involves the doctrine of laches, which says that those who delay too long in asserting an equitable right will not be entitled to bring an action.

Greger is asking for dismissal of all the com-

plaints with prejudice, which means they can’t be refiled in the future.

She is also seeking reimbursement of legal fees, generally not allowed in Virginia or other states under the so-called American rule.

However, according to a recent Internet search, a recent Virginia Supreme Court decision adds an exception in the Commonwealth: When a party breaches a contractual obligation not to sue.

It isn’t clear that any such promise not to sue is applicable in this case.

In the introduction to the demurrer brief, Greger says the plaintiffs, rather than articulating a breach of contract claim, or another cause of action at law, “have [instead] articulated a series of requests for declatory and equitable relief.”

According to Greger, “all plaintiffs’ rights regarding the allegations of past actions have fully matured, and the alleged wrongs have already been suffered. As such, a declaratory judgment proceeding is not an available remedy. Additionally, plaintiffs have failed to plead the requisite elements to support a claim for equitable relief.

The claims as pleaded fail to account for the fact there was an adequate and available remedy at law available to the Plaintiffs.

The attorney went on to say that “the factual underpinning of many of the declaratory and equitable claims allege facts that ripened for resolution long ago. Laches [the doctrine that complaints must be filed in a timely fashion], preTo Page 45

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Committee recommends single bid package for three capital projects Marina Club roof repair climbs to $700,000 estimate, up from $400,000 in the approved budget

By TOM STAUSS Publisher he newly formed Operating Committee has a recommendation on how the Captain’s Cove Board of Directors can deal with rising costs associated with one of the three capital improvement project approved in the 202223 budget.

The three projects are building a new mail pavilion at the Marina Club to replace the one at the Town Center on Captain’s Corridor, building a new dumpster containment shed and pad on the Marina Club campus, along with a grease holding container, and repairing and upgrading the Marina Club roof.

The roof project had a $400,000 cost estimate in the CCGYC budget for 2022-23, but since then the estimate has risen to $625,000 to

$700,00, according to committee chair Mark Majerus.

He spoke on the status of these three projects during the Dec. 15 inaugural meeting of the committee.

The latest cost estimate for the new mail pavilion is $100,000 to $125,000, while the dumpster project is estimated to cost $75 to $100,00.

At the high side, these projects could cumulatively cost $925,000.

To possibly reduce that high side estimate, Majerus suggested that the committee recommend to the Board combining all three projects in a single bid package, in the hopes that the cost of doing all three by one contractor would be less than doing each project separately.

After discussion, the committee unanimously approved Majerus’ proposal.

New lawsuit filed

ment. Plaintiffs are seeking a ruling to force collection of the $50,000.

In an interview with the Cove Currents published in December, CCGYC President Tim Hearn said there was no contract drawn up memorializing the settlement agreement’s reference to $50,000, an omission he blamed on the Board of Directors in office at the time.

Greger said the plaintiff’s “mere conclusionary statement” ... is “insufficient to withstand a demurrer challenge” and that therefore the complaint does not allege a cause of action upon which the relief requested can be granted.

The attorney also addresses a complaint by the plaintiffs that CCGYC has not been collecting annual lot dues from Stonewall Capital, a company that owns a fairly large number of buildable lots in Captain’s Cove.

Hearn has said that Stonewall has been assessed annually since acquiring the lots it owns. Apparently, the company is delinquent in paying those assessments, and the association is taking the usual steps to collect.

Greger invokes statute of limitations and the doctrine of laches in asking for dismissal of the case with prejudice.

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From Page 43 vents these claims, which plaintiffs chose not to timely adjudicate, from moving forward against CCGYC.” More specifically, Greger argues that any actions from 2012 through 2016, those involving transactions regarding Aqua Virginia water and sewer services, are time barred by a five-year statute of limitations and plaintiffs “cannot bypass the time bar by framing their relief” pursuant to Virginia’s Declaratory Judgment Act. “An allegations attributable to CCGYC that are still within the {statute of limitations] are similarly inadequate; plaintiffs have failed to meet the requisite pleading standard to support a claim for breach of a written contract. Their complain therefore fails to state a claim upon which relief can be granted and should be dismissed with prejudice...”

Greger then rebuts various assertions in the complaint, starting with the allegation that the CCGYC Declaration of Restrictions were violated when CCGYC failed to enforce CCG Note’s “obligation to pay $50,000 yearly” consistent with terms in the 2012 settlement agree-

Majerus said the roof project would require removing all the HVAC equipment, gas lines and vents from the roof, using a crane, and then putting it back.

He estimated the Marina Club would need to be closed for two weeks to complete the project, and that refrigeration trucks would need to be moved on site to protect the inventory from spoiling.

He said an additional protective ventilation layer needs to be added to the substructure under the roof, to prevent the sort of moisture buildup that cause much of the roofing in the indoor pool area to deteriorate.

He said adjustments would need

to be made to protect equipment with moisture control, with 50 to 60 percent humidity the target, along with a pool temperature of 82 degrees.

In response to a question posed during the Members Forum segment of the meeting, Majerus said the shingle roofing would be retained; replacing it with a metal roof would be more expensive.

Majerus recalled that initial plans for the building was for a two-story facility, with the developer at the time deciding to reduce it to a single story to reduce cost.

At that time, the roof was changed from metal to shingle, but with no ventilation space, a costly omission that is costing the association years later.

The lack of a ventillation layer caused the problem of too much humidity and too little air circulation above the pool, he suggested.

The re-roofing will address this deficiency, Majerus said.

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Committee looking for candidates to fill alternate vacancy Majerus says there’s no ‘next in line’ provision in CCGYC by-laws

By TOM STAUSS Publisher he recent elevation of George Finlayson to Captain’s Cove Golf and Yacht Club to the Board of Directors created a vacancy on the Board in the position of alternate.

Finlayson, who was elected alternate in the 2022 election, was elevated to full Board member on the resignation of Roger Holland, who had one year left on his three-year term.

During the inaugural meeting of the newly created Operating Committee on Dec. 15, committee chair Mark Majerus said the committee has been tasked to find a replacement alternate, with a recommendation to the Board of Directors before the Board’s January meeting.

He said committee members could solicit prospective alternate Board members, and that they would consider applicants at the committee’s January meeting.

There’s already one applicant, Michelle Mathews-Kalinock, who said she would like to be considered for the position.

She suggested that as a candidate in the last Board election -- she finished third with 575 votes -- she should be recommended for the vacancy.

There were two vacancies on the Board to be

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filled this summer, and the top two vote getters were incumbents Majerus and Pat Pelino.

Both Majerus and Pelino won their seats withvote support from CCG Note, the Cove developer/ declarant.

They were incumbents, with a record of working harmoniously with CCGYC President Tim Hearn and CCG Note directors.

Countering Mathews-Kalinock’s assertion that her third place finish should entitle her to fill the alternate vacancy, Majerus said there is no “next in line” provision in the association by-laws that would mandate or even suggest her appointment to the position.

She had similarly asked for appointment to the Operating Ccommittee, but she didn’t make the cut among the various applicants.

The committee has been filled with a mix of four members of the Board of Diretors, all Class A Cove members, and three Class A members of CCGYC. There is no Class B/CCG Note representation on the committee.

Senior General Manager Colby Phillips in response to a question from Mathews-Kalinock at the Dec. 15 meeting said that she had wanted positive people on the committee who work well together, “who look towards a positive future as in

‘us’ in the community, and not as a ‘we or them.’”

She said members will be able to express their own opinions or ideas on important topics and “won’t always have to agree, but they won’t create lies and share conspiracy theories or false information, sticking to the facts and true data.”

Neither Majerus nor Phillips offered any assurance to Mathews-Kalinock that she would be the likely candidate the committee would recommend to fill the alternate slot on the Board.

Phillips didn’t offer any additional comment, and Majerus’ comment was confined to his response that there is no “next in line” provision on the by-laws.

Over the course of Captain’s Cove 50-year history, members of the Board of Directors have chosen an alternate when a vacancy occurs, with no direct input from the Class A membership.

The creation of the Operating Committee is a change from this long-standing practice and gives Class A members influence over appointments.

Once elected or appointed to an alternate slot on the Board, he or she doesn’t have a vote but can contribute to Board discussions.

Over the years, alternates often have been appointed to the Board as Directors when resignations occur mid-term.

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Golf, nautical activities committees dissolved Committees that filed applications to be recommended for renewal

By TOM STAUSS Publisher he Operating Committee in its inaugural meeting Dec. 15 voted to recommend that the Arts and Crafts Committee, the CERT committee, and the pot luck committee be approved as official committees of Captain’s Cove Golf and Yacht Club, with a final decision pending by the Board of Directors.

Because they had not submitted renewal applications, committee chair Mark Majerus said that the golf and nautical activities committees, and others long active in the Cove, would be dissolved, their duties transferred to the property management team or work groups.

Majerus said that dissolved committees if they have any funds available left in bank accounts should return any unspent funds authorized by the Board of Directors.

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ECC issues

Also at the Dec. 15 Operating Committee meeting, General Manager Justin Wilder said that two homes in the Cove Environmental Control Committee oversight will require legal action.

One is already embroiled in a law suit and a second one is uncompleted under a stop work order, needing repairs before work can resume, Wilder said.

The committee voted unanimously to send these two issues to the Board with a recommendation of legal action.

Land swaps

The Operating Committee at its Dec. 15 meeting reviewed several land swap proposals, with one in a 3-3 deadlock over whether to forward it to the Board for approval.

Two privately owned lots proposed for a swap with CCGYC are lots 57 and 58 in Section 13, for a lot on Navigator Drive, 2-0233 and one on Brigantine Boulevard, 5-0036. One lot is not on the water and not on the golf course, and therefore is eligible for a trade.

But the other lot is arguably close or on the golf course.

While it was established during discussion that one of the Navigator lot was separated from the golf course by one building lot, Majerus and committee member Dave Keiffer said it was close enough to be considered a golf course lot.

Frank Haberek said it wasn’t because it does not abut the course. After discussion, the committee agreed not to send the issue to the Board because the proposed swap failed on a three-three tie. It will be reconsidered by the committee at its January meeting, Majerus said.

The committee voted to approve a lot swap for a Cove-owned interior ot on Brigantine Drive, 5-036.

Also held for future action is a bayfront lot on Nautilus Court, 1-671, with an owner offering to buy the lot for $85,000.

Majerus said the lot may be on controlled wetlands not eligible for building or one day it might become a buildable waterfront property worth a lot more than $85,00 He recommended no action on a land sale, and member Pat Pelino said she agreed the matter should “play itself out” before the committee makes any recommendation. The panel voted unanimously not to forward the purchase request to the Board.

Proposed sign rules

The Operating Committee reviewed revised sign and flag rules and unanimously recommended to send to them to the Board for approval. Contending that there was some incorrect information about the sign rules posted recently on the Cove Website Member Forum, Majerus said the rule stipulates that some flags can be attached to a home without ECC approval.

These include the U.S. flag, state flags, county or government flags, the CCGYC flag, military branch flags, Gold Star family flags, MIA/POW flags, flags from any non-profit 501(c)(3) organization, college or university flags, flags from U.S. professional sports teams, and seasonal flags Other flags can be flown with approval by the ECC, Majerus said, as do flags flown from an inground pole.

Flags 4x6 feet are typical and in-ground flag poles with flags should range from 15 to 25 feet high, Majerus added.

Any higher and they would likely not be approved by the ECC, he said.

Blackbeard Road project

Majerus reported on an ongoing bulkhead and road repair project on Blackbeard Road, with bulkhead on one side of the road in good condition while bulkheading on the canal side of the road is failing. He said that Director of Maintenance Jimmy Giddings and crew have dug up the area and discovered a failed culvert, still structurally sound except for a gap between two sections of the pipe.

Majerus said no committee comment or vote on the matter was needed.

Cohn/Reznick audit.

Majerus said that UHY, the firm that completed the previous audit, is no longer conducting audits the size of CCGYC. UHY bought out TGM, the Cove’s long-time auditing firm.

He said a working group could be created to begin the work to find a replacement.

The committee voted unanimously to forward this idea to the Board for consideration.

Past due notices

The Board authorized Justin Wilder last fall to send out past due notices to Cove members in November as a way to improve punctuality of payment on delinquent accounts.

During the Dec. 15 meeting, Wilder said he would compare the May 2002 delinquencies to those from the November building to help determine “how effective they are.”

Wilder also reported on the next auction of delinquent properties, with 60 properties to be sent to Pender and Coward, the Cove’s primary law firm, for inclusion.

He said no Realtor is willing to accept a rental or for sale listing on a home on Neptune Court until it’s completed.

He said he would want to obtain three estimates on a waterfront home on High Seas Drive from Realtors to get an estimate on a possible sale.

Lake Ernie update

Majerus reported that Cove Public Works crews have removed a concrete block and failed piping from a section of Lake Ernie, filling those areas with clay and other material to prevent leakage. This area of the lake now has standing water, a remnant of Tropical Storm Ian. He said water level in the lake increased three inches from Ian, only to lose two inches in the weeks that followed.

He again said that substantial rainfall is the only realistic way that Lake Ernie water levels will increase.

Legal and audit update

Majerus said that Cohn/Reznick was making progress in its audit of of Cove financial information in the possession of the Troon organization, but was releasing no update beyond that.

He also said those interested in the Birckhead et all lawsuit against CCGYC and CCG Note could find a copy of the Defendants file on the Cove Website.

The Cove will be needing to find a new firm to conduct the annual CCGYC financial audit, made more difficult for the 2021-22 fiscal year because financial data for the first six months of the year are unavailable and will only be put into a format that could be audited upon completion of the

Lake Ernie in Captain’s Cove borders about three dozen homes and sits just off Captain’s Corridor.

50 Ocean Pines PROGRESS January 2023

CAPTAIN’S COVE CURRENTS

CAPTAIN’S COVE CURRENTS

January 2023 Ocean Pines PROGRESS 51

Management team announces Light Up the Cove winners

T

he Property Management Team has announced the winners in last month’s Light up the Cove contest.

The team complimented the participants and expressed the hope that there will be even more entries next year.

There were than 40 entrants this year.

First Place winner with 79 votes was 37187 Buoy Court.

Second place winner, with 73 votes was 37473 Sailors Court.

Third place winner, with 53 votes, was 2145

Mayflower Drive.

Winners receive gift cards to use at the Marina Club restaurant/bar or Town Center grill and they can be picked up at the Marina Club reception desk.

First place winner, 37187 Buoy Court.

Second place winner, 37473 Sailors Court.

Third place winner, 2145 Mayflower Drive.

52 Ocean Pines PROGRESS January 2023