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THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

Pending Daly departure from Ocean Pines roils OPA Board election 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

more likely than not to prevail if case tion, says former OPA director Judge Oglesbu grants temporary injunc-

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

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

Third seat could open up for competition and directors may appoint replacement depending on date resignation becomes official

By TOM STAUSS Publisher cean Pines Association Director Frank Daly, once a candidate for the Board of Directors presidency but now not part of the Board majority faction, has confirmed that he will resign from the Board when the purchase of a new home in Florida goes to settlement.

It’s unknown when that will happen, but Daly’s confirmation of his intent to resign was not contingent on the sale of his Ocean Pines home but rather the purchase of his Florida home.

He would automatically lose his seat on the Board

O

if he no longer is an Ocean Pines property owner and Ocean Pines Association member.

Daly’s confirmation of his pending resignation occurred on the Ocean Pines Forum Website in early April, with no detailed explanation for why he is leaving Ocean Pines and resigning from the Board in the second year of a three-year Board term.

He was reelected to the Board in the 2021 election, with his term expiring in August of 2024.

OPA President Doug Parks told the Progress that Daly informed his colleagues that he wants to be close to family, especially grandchildren, who live in Florida.

To Page 3

Tucker out as OPA attorney, to be replaced by Bruce Bright

5

~ Page 8

West Ocean City resident charged in Knupp death Worcester County State’s Attorney Kris Heiser has filed 17 charges against a West Ocean City resident relating to the death of Ocean Pines teenager Gavin Knupp last July.

Tyler Mailloux, 22, has been charged with failing to stop and leaving the scene of an accident, among other related traffic violations.

Knupp was killed on Gray’s Corner Road on July 11 of last year, reportedly crossing the road to return to a car when he was a struck by another vehicle.

The April 28 filing document alleges that Mailloux knew or should have known that the accident might have resulted in serious bodily injury.

The Knupp family on May 1 issued a statement in response to the filing.

“We are immensely grateful to Kris Heiser for the diligence and hard work that led to the filing of these criminal charges against the defendant Tyler Mailloux. We also againt want to express our appreciation to our family, friends and the entire community for their love and support. We will forever be grateful for the strength you have given us to keep fighting and we have only just begun.

“This presents an important To Page 5

INSIDE THIS EDITION

Ocean Pines ............... Pages 1-40 OPA Finances ................... Page 41 Worcester County .. Pages 42-43 Lifestyles .................... Page 44-45 Opinion ..................... Pages 46-48 Captain’s Cove ......... Pages 49-63

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COVER STORY From Page 1 Rick Farr, another Board colleague who has clashed with Daly over political differences, says he believes the departure at least in part stems from Daly’s loss of influence on the Board since the 2022 election, when a new Board majority consisting of Parks, Farr, Stuart Lakernick and Monica Rakowski emerged.

That bloc has remained remarkably cohesive since the current Board reorganized in August of last year. Daly and former President Colette Horn, part of a Board majority throughout the 2021-22 term, have found themselves in a less cohesive minority bloc since then.

Had either Amy Peck or Josette Wheatley been successful as candidates in last year’s Board election -- Peck lost to Rakowski by 15 votes -- Horn and Daly would likely have been part of a new Board majority that could have resulted in Daly’s election as OPA president.

It was no secret that Daly had an interest in the presidency, having served as OPA vice-president in the 2021-22 Board term.

Daly’s loss of influence has been readily apparent to those who closely monitor OPA Board activities. He had been a strong advocate of changes in the Declaration of Restrictions that govern each section within Ocean Pines that would have

stiffened regulation of short-term rentals.

But a section-by-section vote on proposed changes, including giving the OPA authority to fine those who violated them, never materialized despite Daly’s efforts.

Daly’s intention to leave the Board after failing to achieve the presidency mirrors a similar occurrence with former OPA Director Steve Tuttle, who announced his resignation from the Board and plans to move out of Ocean Pines in October of 2020.

He cited his unhappiness with the election of Larry Perrone as OPA President earlier that year, despite what Tuttle, who was OPA vice-president in the 2019-20 Board term, thought was an understanding among his colleagues that he (Tuttle) would ascend to the presidency that year.

Tuttle made it clear he would have difficulty in serving on the Board with Perrone under those circumstances.

The remaining directors appointed Frank Brown to fill the vacancy created by Tuttle’s departure, an appointment that in turn helped create a functional Board majority that included Horn and Daly. Brown, who rarely spoke during Board meetings, always voted with them. It was virtually a given.

Daly’s departure could create a similar scenario in which the current Board majority could appoint someone viewed as compatible, even if

the newly expanded majority would only last through August of this year.

This is where language in the OPA by-laws is relevant, as is the timing of Daly’s resignation from the Board.

Allowing for the vicissitudes of the home settlement process, Daly in his Ocean Pines Forum posting said the most likely scenario is that Frank Daly he would close on his Florida home and resign from the Board within 90 days of the OPA annual meeting in August, but before the ballots have been submitted to the OPA secretary for printing.

This year’s annual meeting is set for Saturday, Aug. 12. The 90-day window that is relevant in the manner in which Daly’s vacancy is to be filled opens May 12.

If Daly hasn’t resigned from the Board by then, Section 5.04, subsection b, of the by-laws, would govern should, as Daly expects, he resigns from the Board before the ballots are sent to the printers.

That normally happens in the first part of July, to meet a mailing deadline that gives OPA members about a month to vote and return ballots a few days before the annual meeting.

To Page 5

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COVER STORY Board vacancy From Page 3 If Daly’s announced scenario works as he suggested, the remaining six directors could, but are not required to, appoint a replacement who would serve until the Aug. 12 annual meeting.

Since Daly’s vacancy is not for an expiring term, subsection (b) of Section 5.04 requires that the vacancy appear on the ballot, meaning that instead of two seats to be filled in this summer’s election, the election would be for three.

This is the actual language of Subsection (b): “In the event a vacancy occurs on the Board of Directors within ninety (90) days prior to the annual meeting but before the ballots have been submitted to the Secretary for printing under Section 5.03, a majority of the remaining Directors may [emphasis added] appoint a replacement to serve until the next annual meeting. If the vacancy is not for an expiring term, the vacancy shall be included on the ballots.”

The implication here is that the vacancy would already be on the ballot if the term was expiring this year.

The by-laws also provide a mechanism for dealing with Daly’s resignation should settlement on his new home in Florida not happen within the window he expects. Should the vacancy emerge after the ballots have been submitted for printing, then Subsection (c) of 5.04 of the by-laws would govern.

This subsection, though somewhat murky, ap-

pears to preclude the Board from appointing a Daly replacement before the annual meeting.

Instead, the authority to appoint a replacement to fill the remaining year of Daly’s unexpired term falls to the new Board that organizes after the election concludes in August, no later than 30 days after the new Board’s organizational meeting.

With Parks’s term expiring this August, the remaining Board majority of Farr, Lakernick and Rakowski would seem to be a position to name Daly’s replacement should at least one new director elected this summer join them in a new majority coalition.

This is the actual language of Subsection c: “In the event a vacancy occurs after the ballots have been submitted to the Secretary for printing under Section 5.03 or because the election under Section 5.03 failed to fill all vacancies on the Board of Directors, the vacancy shall be filled by a majority vote of the Board of Directors as it exists after the election. The vacancy shall be filled no later than thirty (30) days after the Board’s organization meeting. Each appointed Director shall serve until the next annual meeting.”

There is a third option in filling Board vacancies, Subsection (a) of 5.04, but time is running out on it.

It would apply if Daly submits his resignation on or before May 12, which would require the remaining six directors to appoint a replacement who would serve until the August annual meeting.

Kiss Your

May 2023 Ocean Pines PROGRESS 5 The final year of Daly’s term would have to be filled in this summer’s election.

Here’s the actual language of Subsection (a): “Any vacancies occurring on the Board of Directors ninety (90) days or more before the annual meeting of the members under Section 4.02 shall be filled by a majority vote of the remaining Directors within thirty (30) days. Each member so appointed shall serve as a Director until the next annual meeting. A successor shall be elected by the members to complete any remaining portion of the unexpired term.”

Farr told the Progress recently that he doubted that Daly would resign outside the 90-day window because “he doesn’t want the current Board majority to appoint a replacement.” Parks said the Board would follow the instructions in the bylaws whenever Daly’s resignation occurs.

Knupp charges filed

From Page 1 step towards accountability for Gavin’s death, but it is just a step in that direction. Let there be no confusion - we will not rest until that process is completed, both through this criminal prosecution in addition to purusing any and all civil remedies.”

The next steps in the process normally would include the entering of a plea by the defendant in response to the charges and the setting of a trial date, which had not occurred before this edition of the Progress went to press.

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COVER STORY

May 2023 Ocean Pines PROGRESS 7

Latham announces Board candidacy President of the Marina Village Condominium Association and a member of the OPA Marine Activities Advisory Committee, he’s the second to file for this summer’s election

By TOM STAUSS Publisher ohn Latham has become the second candidate to officially file for one of two seats on the Board of Directors up for election this summer, those currently held by OPA President Doug Parks and Director and former OPA President Colette Horn. Both are serving the last year of two consecutive terms and cannot run again because of term limits.

A third vacancy could be filled in this summer’s Board election depending on the timing of Director Frank Daly’s resignation from the Board, expected sometime in the coming weeks or months.

Latham has been a homeowner in Ocean Pines since 2013. In 2021, he and his wife Carla decided to make Ocean Pines their full-time residence “as we love everything about the community,” according to a statement announcing his candidacy.

They have two daughters, one attending Salisbury University and the other a graduate of SU. He has volunteered in various roles for more than 20 years and is the current president of the Marina Village Condominium Association, a

J

sub-association within the Ocean Pines Association that includes 48 residential units that overlook the Ocean Pines Yacht Club harbor.

That role “allows me to utilize my business and leadership skills to help control costs for our owners and make sure we address the safety, aesthetics and value of our properties,” he said.

He hopes to bring the same skill set to the OPA if elected to the Board this summer.

An avid boater, he serves as a member of the OPA Marine Activities Advisory Committee.

As a member, he “assisted in recommending the upgrades at the Mumford’s boat ramp last year which resulted in much needed improvements to the ramp pier.”

If elected to the OPA Board, he plans “to continue my work on seeking solutions regarding ramp use for both residents and non-residents and establishing effective fee structures.”

That refers to an ongoing discussion about how to ensure that boat ramps in Ocean Pines continue to remain free for Ocean Pines Association members, whose annual dues maintain these facilities, both the Mumford’s ramp at the Yacht

Club harbor and in White Horse Park, while generating revenue from those who use the ramps but are not Ocean Pines property owners.

Achieving both is not as easy it might sound.

“We did a survey last summer and we got a lot of feedback on the ramps,” he said. “Unfortunately, we don’t have good data on how many OPA members John Latham use the ramps compared to non-residents. Before we recommend spending community’s money on a gate and key fobs, or some other solution, we need better data.”

Latham said his goal as a director will be “to help make our community even better. I will use my business background in leadership, communications, and financial acumen to help drive the decisions on important issues that are in the best u

8 Ocean Pines PROGRESS May 2023 Latham candidacy From Page 7 interest of the Ocean Pines community.”

He is a United States Marine Corps veteran, having served in the reserves as a combat engineer from 1981-86 at Camp Lejeune.

He has a B.S. and M.S. in Business Management Studies from the University of Maryland, University College.

He is vice-president of indirect and fleet GPO sales of Corcentric, a national procurement and financial automation consulting company.

With Latham’s announcement, the slate of candidates is half way toward the objective in the by-laws that the number of candidates exceed the number of vacancies by two or more.

The first to officially file as a candidate was Elaine Brady, a former newspaper publisher who also was a long-standing member of the Communications Advisory Committee.

If the goal of two more candidates than vacancies is achieved this year, it won’t be accomplished with the help of the Search Committee.

That committee is not functioning this year because three volunteers could not be found to populate it.

One potential committee member, Sherrie Clifford of the Residents Oversight Community, a Facebook page that has frequently criticized the Board of Directors, was not accepted by the Board in a 4-3 vote in March.

A potential Board candidate is Amy Peck, a former appointed Board member who finished fourth in last summer’s election by a mere 15 votes.

She collaborates with Clifford on the ROC page.

The deadline to file as a candidate in this summer’s election is 4 p.m. on Wednesday, May 10.

Applications are available at the administration building or on the OPA Website.

The draw to determine ballot order and seating during candidate forums is scheduled for Friday, June 2, at 2 p.m. in the Blue Room of the Administration Building.

To be eligible to vote in this year’s election, OPA members must have paid their annual assessment by Wednesday, July 6. Paper ballots will be sent out shortly after that.

There will be no electronic voting this year on the recommendation of the Elections Committee chaired by Tom Piatti.

Dates for two candidate forums

OCEAN PINES

Tucker out as OPA attorney, to be replaced by Bruce Bright Directors vote 4-1 with two abstentions to contract with OC law firm Ayres, Jenkins, Gordy and Almand

By ROTA L. KNOTT Contributing Writer ocal law firm Ayres, Jenkins, Gordy and Almand will be the Ocean Pines Association’s new general counsel, with Bruce Bright as its lead attorney. Following extensive discussion at the April 15 monthly meeting, a majority of the Board of Directors voted to establish a contractual relationship with the Ocean City-based law firm for legal services needed by the OPA. OPA President Doug Parks offered the motion to approve and award a contract for legal services with Ayres, Jenkins, Gordy and Almand, effectively ousting Lerch, Early, Brewer and its lead attorney Jeremy Tucker.

The contract has not yet been drafted and approved by the OPA. Parks, along with Directors Rick Farr, Stuart Lakernick, and Monica Rakowski voted in favor of the motion, with Frank Daly and Steve Jacobs abstaining. The lone dissenter was Colette Horn, who listed what she perceives as the pros of Lerch, Early and the cons of going with Ayres, Jenkins [see separate article in this edition of the Progress for details.]

L

have not yet been scheduled.

The deadline for returning ballots is Wednesday, Aug. 9 by 4 p.m.

Ballots will be counted and vote

As background, Parks said the OPA is required to have legal services as a part of the overall operation of the association’s Jeremy Tucker business. Pe- Bruce Bright riodically the OPA reviews of all current professional service providers, including legal services. It sent out a request for proposals to a number of law firms that provide various legal services to homeowners associations and other similar organizations to see if there was interest in providing counsel for the OPA. Two of the firms contacted responded with proposals, Ayres, Jenkins and Lerch, Early.

Horn wanted to know who made the decision that Ayres, Jaenkins is the firm the OPA should retain.

She said she listed what she believes are the deficits versus assets of both firms, and she contended that To Page 10

totals announced on Friday, Aug 11.

Election results will be certified at the annual meeting of the OPA on Saturday, Aug. 12, if a quorum of at

least 100 OPA members is present.

If no quorum is present, results will be certified by the old Board of Directors.

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OCEAN PINES responses to the RFP and decided that he wants the OPA to contract with Ayres, Jenkins, so he made a motion to do so. He said his motion was intended to determine whether to move ahead with Ayres, Jenkins.

“Anyone can bring a motion to the table. I happen to be the one that did that,” he said, but well aware that the votes had been lined up in support of the motion prior to the meeting.

Daly said he is okay with changing firms but was more concerned about the OPA establishing a rela-

there had been decision to replace Tucker with Bright, who has a lot of success in court representing clients who had sued the OPA. One of those clients, Farr, is serving on the Board as a result of litigation. A former director, Tom Janasek, had his suspension to use of some OPA amenities lifted as the result of a lawsuit filed on his behalf by Bright.

Janasek also had some of his attorney’s fees paid by the OPA’s insurance company, a rate occurrence in Maryland court litigation.

Parks said he looked at the two

New general counsel From Page 8 the deficits list is much longer for the Ayres firm.

Among those “deficits” she listed are that Ayres, Jenkins is a general law firm and doesn’t specialize in HOA law, that most of the local firm’s attorneys attended the same law school, and it serves small HOAs and condos associations but not large organizations like the OPA. Prior to the vote, Parks said that contrary to Horn’s assertion, that

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tionship with whichever firm it selects as general counsel to also be its chief litigator.

He abstained from voting for the motion after Parks declined to amend it to include language requiring the selected firm to serve as the OPA’s litigator, too.

Daly said if someone takes legal action against the OPA, the general manager informs its insurance carrier, which appoints counsel to defend the association.

“That is not our association general counsel that does that,” Daly said, adding that he wants to stop that practice and have the new general counsel perform that function, too.

“In this case, this has been driven because we have dealt with attorney Bright from that firm, and he is a brilliant litigator,” Daly said.

He said he is comfortable with whichever law firm the general manager wants to work with because the majority of litigation is handled by interaction bretween the GM and general counsel.

“Whomever the general manager feels most comfortable working with based on trust and confidence is what we should do,” he said.

General Manager John Viola didn’t announce a preference but said both firms are well qualified.

“From my office, I believe I can work with either one,” he said.

Daly said it will benefit the association to have its general counsel also serve as litigator. He said general counsel offers advice that the OPA can either take or not, but doesn’t tell it what to do.

“When we take a course of action and get sued as a result of it, another attorney comes in and defends us.

An attorney not familiar with those discussions. An attorney not familiar with that process,” he said.

In four cases that he recalls, Daly said the OPA has never had the same insurance appointed attorney twice and quality of defense has been varied as well.

“It’s not been a consistent quality,” he said.

Daly said the best litigators get top rates and “the guys that charge $1,000 hour get results.”

That is who he wants representing the association in litigation. He said he would prefer that the general counsel have a recognized top litigator who will defend the OPA as part of its role as general counsel.

“When we go to court, we should not go to tie,” he said “We should To Page 13

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OCEAN PINES New general counsel From Page 10 go to court for one purpose and one purpose only. That is to win” he said.

He acknowledged that necessitates conversations with the association’s insurance carried to determine if it will reimburse those costs or if a policy change is required.

“We pay almost three-quarters of a million dollars for insurance and we shouldn’t have dog food defending us,” Daly said.

Jacobs called the proposals from both firms high quality but observed that Lerch, Early provided more detail about their array of services while the Ayres, Jenkins proposal was more succinct in response.

Lerch, Early went into great detail in areas where they have worked with the association and have a record to show they deserve to have their contract renewed, Jacobs said. Ayres, Jenkins focused on being local and being able to handle all of the association’s needs.

He said there was not a lot of substance as to how the firm will address the various areas of law that Ocean Pines needs.

Ayres, Jenkins is well known, Jacobs acknowledged.

“The proposed lead attorney, Bruce Bright has an excellent record as a litigator,” he added. “Especially when Ocean Pines is on the other side.” There may be value in having a local law firm represent the association particularly in court, he said.

Parks said the OPA had a local general counsel in attorney Joe Moore for 34 years. There was sentiment that having local knowledge was a benefit, he said. However, he said it is a good business practice to investigate other options routinely.

“Lerch, Early has done outstanding job for the association, especially in the area of collections,” Parks said, adding that the firm has brought in close to $1 million in the past five years. “But I think it’s time to take a look at another fresh perspective and move forward with this.”

Daly asked for an amendment to Parks’ motion to require the selected firm to defend the association in litigation and to provide those rates for incorporation into any contract.

Parks argued that could be addressed as part of the contract to be negotiated. He later told the Progress that he thought it was self-evident that the OPA would want Bright as its lead litigator, and that it’s just a matter of working out the details with the OPA’s insurance

May 2023 Ocean Pines PROGRESS 13

Board rejects Jacobs effort to delay vote Proposal for public presentations by competing firms fails

By ROTA L. KNOTT Contributing Writer irector Steve Jacobs wanted to have the two law firms competing to be the Ocean Pines Association’s general counsel make public presentations of their proposals before taking any action to move forward with a contract, but a majority of Board members shot down his request.

During discussion of the proposals for legal services at the April 15 Board of Directors meeting, Jacobs said he wanted to invite the firms of Ayres, Jenkins, Gordy and Almand and Lerch, Early, Brewer to discuss their services and answer any questions.

He tried offering an amendment to a motion made

by OPA President Doug Parks to negotiate a contract with the Ocean City-based firm Ayres, Jenkins,

D

carrier to make that happen.

Jacobs disagreed with Parks’ assessment that the motion didn’t need to be amended to address Daly’s concern. He said the way he read the motion it needed to be considered without the assumption that other provisions regarding litigation can simply be inserted into the contract itself. “I understand it’s a negotiation but we’re not going to get another bite at the apple,” Jacobs said.

Parks argued that it is a twostep process, initially agreeing to a business relationship and then understanding what that relationship involves and incorporating it into a contract.

replacing the association’s existing counsel Lerch Early Brewer.

His motion called for postponing any further consideration of approval and award of a contract for legal services to allow time for the Board to meet with Ayres, Jenkins to review its proposal.

A majority of Board members killed Jacobs’ proposed amendment with just Jacobs and Colette Horn, who gave a second to the motion, in favor. Parks and Directors Rick Farr, Stuart Lakernick and Monica Rakowski were opposed, and Frank Daly abstained.

Jacobs said his preference would be to have both firms make public presentations to the Board. “That is not what is taking place here,” he said regarding Parks’s motion to move forward with a contract with u

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14 Ocean Pines PROGRESS May 2023 Jacobs’s motion From Page 13 the Ayres, Jenkins firm.

He said postponing the decision and meet with the firms would allow them to address issues such as potential conflicts of interest and how they will deal with them. He said Ayres, Jenkins represents the Town of Ocean City and previously represented two sitting Directors. Those issues should be subject to further examination by the Board, he said.

Jacobs said there was no reason to rush contract negotiations when the OPA does have existing general counsel in place. He said he was particularly focused on conflicts of interest and argued that there needs to be more time to discuss how the Ayres law firm will address such conflicts if and when they arise.

He said he can see times when the OPA and Town of Ocean City may have divergent opinions of a matter or that the town will take up issues that have an effect on the association since it owns property there.

“I just think there’s enough questions here without having to rush through it that we can sit down and meet with Ayres …” he said, adding “I just think we ought to know what the rules of the road are before we enter into any sort of negotiations.”

OCEAN PINES

Horn offers robust Tucker defense Suggests that Lerch, Early saves the OPA money despite the higher hourly rate billed by the Bethesda firm

By ROTA L. KNOTT Contributing Writer dmonishing audience members to keep quiet during her comments, Director Colette Horn said the Ocean Pines Association would be “trading down” if it hires the Ocean City-based law firm of Ayres, Jenkins, Gordy, and Almand as its new general counsel.

During an April 15 meeting a majority of the Board of Directors voted to move forward with negotiating a contract with the firm. Horn was the only one Colette Horn to vote in opposition.

A

“I have concern that we’re trading down and not trading up in changing our general counsel,” she said, adding “I have concerns about approving this contract at this time.”

Horn argued that the current legal counsel, the Bethesda-based Lerch, Early, Brewer, gives the OPA a team of homeowner association specialists whose practices are fully focused on HOA clients. She added that the OPA’s chief counsel, Jeremy Tucker, is the top HOA attorney within that firm and the client list includes large HOAs like Ocean Pines, not just small condominium associations.

She said arguments that Ayres, Jenkins and lead counsel Bruce Bright are preferable because they are local and are the preferred choice because they have home field advantage simply isn’t To Page 16 Rakowski said Parks’s motion allows that to happen without the need to delay proceeding with contract negotiations. “I think that’s what Doug’s motion brings to the table,” she said.

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She said that all of those concerns can be broached with the law firm as part of contract negotiations. Three of her colleagues agreed, two didn’t, and Daly didn’t take a position.

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OCEAN PINES

From Page 14 true. “I don’t think that’s something that we need for the kind of work that a general counsel does.

That’s a benefit for litigation, but our general counsel does not do litigation,” she said.

Horn said Ayres, Jenkins’ HOA client list is primarily small condominiums and homeowners associations and municipalities. She said they do not represent large HOAs like Ocean Pines, which have a complex offering of services like police, fire, emergency services, amenities, and parks and recreation.

She continued lobbying for Lerch, Early, saying the firm has at the ready templates and background research as a result of their deep work in their HOA field. That, she said, saves the OPA money because the firm doesn’t have to do the research specifically for the association.

Additionally, Horn said the attorneys at Lerch, Early have had diversity in training, which is a benefit because that training that reflects a wide range of perspectives and approaches.

She was concerned the amount of time it will take for Bright “to come up to speed at our expense,” particularly in areas where Tucker has excelled, like on collections and human resources issues that are in process or not yet resolved.

She said the Ayres, Jenkins firm’s attorneys are generalists that focus on a wide variety of legal issues of which HOA law is just one.

Horn said the Lerch, Early firm has years of experience with OPA and is well versed in the history of issues affecting the association, its governing documents, collections, and other topics.

“The current firm has demonstrated its ability to give full focus and prompt response to our issues” including during the work day, at night, and on the weekend if necessary, she said.

Seemingly contradicting herself, Horn said the OPA’s relationship with Lerch, Early gives it access to a top Maryland litigator should it need those services as well as other legal specialties in their firm.

Then, she went on to point out that Bright, the attorney to be assigned to the OPA by Ayres, Jenkins is that firm’s top litigator. She counted that as a negative, saying his schedule would largely be dictated by the court system based on when he has cases for litigation.

She said that would divide his focus between the priorities of the litigation practice and the priorities of the HOA practice.

She also argued that the attorneys at Ayres, Jenkins lack diversity of training. “The majority of attorneys in that firm attended the same law school,” she said.

Additionally, she pointed out that there may be the potential for conflicts of interest as Ayres, Jenkins also represents other local clients like the Town of Ocean City and two sitting members of the OPA Board. Before the association signs a contract with Ayres, Jenkins, Horn said she

wanted to know how the firm plans to resolve those conflicts. She called for evidence of having severed the firm’s relationship with those OPA Board clients prior to approval of contract.

She acknowledged that the fees for Lerch, Early are somewhat higher than those of Ayres, Jenkins and counted that as one of the few points in the local firm’s favor.

Still she said, “my opinion is that we would save money by staying with the current firm because of all that they bring.”

While her colleagues didn’t offer a point-bypoint rebuttal of her comments, it was nonetheless clear that the votes were there in favor of the Ayres, Jenkins contract and Bruce Bright in particular as general counsel to replace Tucker.

Bright has had a successful run of defeating the OPA and positions staked out by Horn in litigation.

OPA Director and Vice President Rick Farr later told the Progress that in his view none of Horn’s comments were persuasive.

“The conflict of interest argument in particular makes little sense,” he said. “Rarely has there been a conflict between Ocean Pines and Ocean City, and if one happens in the future it can be easily resolved.”

He said on such issues as Route 90 dualization, it’s more likely that there will be an overlapping of compatible interests than a conflict.

He also said large and smaller HOAs have similar issues and Bright can handle them all.

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OCEAN PINES

Ortt contract extended for two more years Food and beverage contractor meets all of its performance goals, Viola says

By ROTA L. KNOTT Contributing Writer ased on positive performance during the first three years of their relationship, the Ocean Pines Association has extended its contract with Matt Ortt Companies for operation of its food and beverage amenities. During his April 15 general manager’s report to the Board of Directors, John Viola announced that the relationship will continue for least two more years.

“I think it’s a good time for me to talk about where are we today with Matt and his team,” Viola said during the meeting. He called Matt Ortt Companies one of the largest outside contractors with which the OPA works and said the previous weekend the Yacht Club, Clubhoue Grille, and tiki bar were all busy.

In addition to the Yacht Club and Clubhouse Grille food and beverage operations, MOC manages the Ocean Pines Beach Club in Ocean City during the summer months.

The OPA’s original contract with Matt Ortt Companies was executed on Aug. 14, 2019. It established a three-year initial term on the contract with a fourth and fifth year added if year one and two combined operating profits were achieved.

Year 1 was fiscal year 2020-21 and the original combined operating profit target was $130,000. Viola said that year was impacted by Covid so the contract was amended on Aug. 24, 2021.

Year 2 was fiscal year 21-22 and the original combined operating target of $175,000 was achieved. Year 3 is the current fiscal year 22-23 and the combined operating target of $190,000 is estimated to be achieved, according to Viola.

“That team, they met it,” he said of the financial targets.

Based on the measurable results achieved during the last few years, per the terms of the original contract, the arrangement with Matt Ortt Companies has been extended to years four and five, Viola said.

Year 4 will be fiscal year 23-24 and Year 5 will be fiscal year 24-25.

The Board did not discuss the contract extension or vote on it during the April 15 meeting, as it was considered to be a management issue and called for in the contract language.

Viola and the Board have resisted calls for the OPA to sever its ongoing business relationship with MOC because of allegations, denied vigorously

by MOC managing partner Matt Ortt, that the company had knowledge of or was somehow implicated in the tragic death of Ocean Pines teenager Gavin Knupp last summer.

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T

OCEAN PINES

OPPD making progress in filling vacancies

he Ocean Pines Police Department is preparing to hire three new officers and send them to the Eastern Shore Criminal Justice Academy.

During the Board of Directors’ April 15 monthly meeting, General Manager John Viola said the Ocean Pines Association held testing on March 25, with eight candidates attending and six testing and passing the tests. The OPA implemented a new testing protocol that includes both written and physical evaluations. The top three candidates were presented to Ocean Pines Police Lt. Shakhan Toppin and will be submitted for the July 5 academy. Additionally, he said there one potential candidate for a dispatcher position.

“I’m excited about this,” Viola said, adding “This is the best I’ve seen in five years.”

Viola credited extensive adjustments to the compensation package for police to make the OPPD more competitive with neighboring departments. The Board recently approved changes to the pension system, increased compensation, and take-home cars for eligible officers.

Mailboxe replacement continues

Linda Martin, senior executive office manager, said the association is still conferring with the Postmaster to schedule installation of new pedestals and mailboxes at locations throughout Ocean

Pines. The replacement project began in July 2022 with replacement boxes and pedestals ordered through Salisbury Industries for $564,953.72.

Three new parcel boxes and seven pedestals were installed during the past month. Additionally, the OPA installed the mailboxes for Triple Crown Estates, a new section in South Ocean Pines, at a cost $18,960. The OPA is required to provide them for the new development and installed cluster boxes and pedestals, concrete pad, and paving for a pull-off area.

3 signs, and 34 for general maintenance. During the month, crews closed out 65 works orders, leaving 95 open, with 42 of those being for drainage.

On the customer service side of operations, the OPA received 109 contacts from residents in March via email at info@oceanpines.org or phone calls. Of those calls, 30 were related to amenities, 18 for CPI violations, 53 general information, and 8 for Public Works.

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eservations are being accepted for the Fashion Show and Luncheon scheduled for Thursday, May 11, at the Ocean Pines Yacht Club from 11:30 a.m. to 2:30 p.m.

Fashions will be provided by Chico’s. For $38, there is a choice of four entrees: grilled chicken Greek salad; brisket French dip; shrimp salad wrap; and chef ’s choice vegetarian. Assorted dessert trays and non-alcoholic beverages are included.

For more information, contact Jan Chiampa, 508-446-6204 (cell) or 410-600-4236 (home). This is a fundraiser for high school scholarships and community donations to be presented on June 1.

The Compliance, Permits, and Inspections office started March 2023 with 152 outstanding violations and processed and additional 68 violations during the month, including 21 for maintenance and trash, one dangerous tree, 16 no permit, and 30 miscellaneous, such as screening, signs, stop work orders, tents, trailers, unregistered or junk vehicles, and parking. CPI was able to close out 64 violations, leaving 156 outstanding at the end of the month. Of those cases 50 are being addressed by legal counsel, and 73 are located in North Ocean Pines with 83 in South Ocean Pines.

Public Works started March with 74 open work orders and received 86 new work orders during the month, including5 for bulkheads, 17 for drainage, 12 for grounds and landscaping, 15 for roads,

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Indoor Sports Core Pool Open Year-Round

Outdoor Pools Open May 6, 2023

Due to continued staff issues related to the national lifeguard shortage, Ocean Pines expects some pools to operate with limited hours this summer.

Beginning Memorial Day weekend, hours of operation will be posted weekly at all Ocean Pines pools, at oceanpines.org, and in the Association's weekly email, "This Week in the Pines."

We appreciate your patience and understanding as we navigate this unprecedented situation. Our top priority will continue to be keeping our pool guests safe in and out of the water.

We look forward to seeing you all at our indoor Sports Core Pool now, and at the outdoor Beach Club, Mumford's Landing, Swim & Racquet Club, and Yacht Club pools this summer!

Sincerely, The Ocean Pines Aquatics Team

22 Ocean Pines PROGRESS May 2023

OCEAN PINES

Parks confirms no free court time for private platform tennis lessons Suggests that new policy could be revisited next year with input from new racquet sports manager; Viola says a third no-cost introductory group clinic may be offered this summer for prospective members

By TOM STAUSS Publisher cean Pines Association President Doug says he was impressed with the arguments made by racquet sport members in opposition to a new policy articulated by General Manager John Viola that would seem to eliminate the practice of offering free lessons to prospective members. [See details on Page 24 in this edition of the Progress.]

Viola referenced the policy during his General Manager’s report at the April 15 monthly meeting of the Board of Directors.

During the Public Comments segment of the meeting, quite a few racquet sport members expressed their support for continuing the practice of prior years in which members offered free lessons in platform tennis to encourage prospective members to purchase annual memberships.

In an April 21 telephone interview, Parks said that while he appreciated the civil and well-presented arguments made by members, he said he

O

is supporting the new policy that would require prospective members to pay the going $7 rate for court time should they decide to accept free introductory lessons in platform tennis by members.

“I believe the new policy should remain in place for this year, but it could be revisited next year as part of the budget process,” he said. “The new guidelines should be given an opportunity to work.”

Parks said Viola and the Board accepted the recommendation of the Racquet Sports Committee to hire an experienced manager with expertise in all of the racquet sports to manage the Ocean Pines Racquet Sports complex on Manklin Creek Road.

That recommendation comes with an increase in payroll costs associated with racquet sports, and its implementation assumed that the new manager would be offering paid lessons to both members and prospective members, Parks said.

“Those lesson fees were included as part of the approved budget for 2023-24,” Parks said, sug-

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gesting that free lessons offered by members could have affected the projected revenue numbers for racquet sports this year.

At the same time, he said that members who suggest that free introductory lessons could encourage memberships might have a valid point. That’s why he said he thinks their arguments should be conDoug Parks sidered for next year.

“Everybody spoke up eloquently, not accusatory in tone,” Parks said. “The information they presented was relevant, and it was well-received by me. Quite frankly, if not for the fact that we just hired a new racquet complex manager, I’d side with the members [in what they were asking for.]”

In a cautionary note, Parks said that the amenity membership contained in the monthly financial reports suggest only a modest increase in memberships in platform tennis year-over-year.

“I’m not sure how much effect the free lessons have had on building membership (given the actual data),” but we should “keep a close eye” on memberships this year to measure the effect of the new policy, Parks said, adding that he hopes lessons offered by the new facility manager to To Page 24

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Racquet sports members critique elimination of free intro lessons Urge Board to reverse management decision

By ROTA L. KNOTT Contributing Writer one-on-one complimentary, no obligation * nhappy with the Ocean Pines Association’s de(0.00%) TAX-FREE 3.25 TAX-FREE* se contact me at 410-208-1704 for a% oneoron one complimentary, consultation attend our seminar.no obligation, consultations or cision to do away with free play and lessons for attend our seminar.

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Call for times, date anddates location Prince Georges Md new players, platform tennis members during (Name of MuniCnty Bond) an April 15 meeting encouraged the Board of DirecCarrie Dupuie, AAMS 98.500 Price: Dupuie, (00.00) AAMS® Carrie My picture Coupon: (00/00/00) 3.25 (Financial Advisor Name) tors to reinstate a 14-day trial period.

Financial Advisor Financial Advisor here Maturity Date: 07/15/2036 (00/00/00) Karen Kaplan, a member of the Racquet Sports (Approved Title) 215 North Main Street 07/15/2028 Callable Date: (00/00/00 N/A) 215 North Mainor Street Advisory Committee, was the first to speak during 100 Call Price: (000) Berlin, MD 21811 Berlin, Aaa /MD AAA 21811 Rating: (XXX/XXX) the Public Comments segment of the meeting in pro(Address) Other:410-208-1704 (Obligor) 410-208-1704 test of the OPA management’s policy change to elim(City, ST 00000) Carrie.Dupuie@RaymondJames.com inate its long-standing partnership with platform (000-000-0000) I (Toll-Free: Carrie Dupuie, AAMS 800-000-0000) Raymond James(Financial Financial Services Inc.,Name) Member FINRA/SIPC Advisor tennis members. Through that partnership members (Approved Title) James Financial Services Advisors, Inc. Investments advisory services offered Raymond Fax:through (000-000-0000) provided a no-cost introduction to platform tennis (Address) (E-mail Address) (City, ST 00000) sports to other interested parties in an effort to boost (000-000-0000) I (Toll-Free: 800-000-0000) (Website) Fax: (000-000-0000) membership.

(E-mail Address) (Website) Instead, what the OPA offers are two free group

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From Page 22 prospective members will help promote membership growth. be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capitalHe gains tax also treatment. said the new managSecurities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. Moody’s/Standard & Poor’s.

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clinics to prospective members, with private lessons by the newly hired racquet complex manager Tim Johnson a likely addition. A third free group clinic also is under consideration.

“Since 1998 our own member volunteers have worked in a goodwill partnership with the OPA. We provided the introductory instruction to potential members and the OPA allowed a no-cost two-week trial period, most recently,” Kaplan said.

She said platform tennis membership was dwindling in 2021, but the members stepped up to promote it and volunteered their time to teach prospective members the sport. She said that helped the OPA gain 30 first time members 2020 and 31 in 2022.

As tangible evidence of the “goodwill partnership,” Kaplan cited improving revenue for platform tennis.

In 2020, membership was at 63 percent of projected To Page 26

work with members and that he “should have some input” in how the OPA responds to the position of the members.

“We all want the same thing, growing membership,” Parks said.

OPA Director Rick Farr told the

Progress that he is reluctant to tell the new racquet complex manager that he must accommodate free private lessons offered by members.

“I’d rather have him tell us what he thinks the policy should be after working with members,” Farr said.

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26 Ocean Pines PROGRESS May 2023 Platform tennis From Page 24 revenue and in 2021 it was at 78 percent. Now, membership is at 108 percent of projected revenue.

“We at platform tennis feel marginalized and unappreciated, particularly because over the last two years we’ve converted this no cost trial to 61 first time memberships at $181,” Kaplan said, adding, “that is revenue generated for OPA.” While OPA management made

OCEAN PINES the decision to eliminate the free court time for prospective platform tennis members in the context of private lessons by current members, Kaplan said one could argue that decision is within the purview of the Board instead.

She cited Board Resolution M-02 Amenities Policies, saying it supports the governing body’s involvement in the “bigger picture, what is fair and equitable what is working, value of goodwill.”

She asked the Board to consider

continuing to offer the free court time at least for this season. She said that will give the recently hired racquet sports manager time to acclimate and provide for a period of transition.

Kaplan pointed out that other amenities also offer free access sometimes. She cited free greens fees on resident golf day, and said those greens fees are generally $39 to $59 per person. Golf also offered several ladies putters club sessions at no cost, without membership and

with tutorial events, she argued.

In the aquatics amenities, nine different free swim classes are offered to people who want to try them. Pickleball members have 14 hours of free indoor court time, she said.

“They’re excellent marketing tools and good for the community,” Kaplan said in support of offer free trials for the amenities.

She said the platform tennis community wants to offer at least three free lessons to introduce people to the sport and encourage them to purchase memberships. Requiring a $7 drop-in fee to try out an unfamiliar sport is going to hurt the amenity, she said.

Grace Chow agreed, saying a $7 fee is not significant but for newcomers who know nothing about the sport, it may be a deterrent to them.

She said she retired to Ocean Pines and didn’t know anything about the sports played on the platform courts. She wanted to find a new activity and took advantage of the free trial to learn the sport.

“I really wish everybody can reconsider” eliminating the free trial, she said. Chow added that the volunteer effort has helped the club’s membership to grow. But, if the OPA eliminates the free trial period, she said the club may or may not exist in a few years.

Mary Ann White said likening free trial access to platform tennis to free use of other amenities like golf is comparing apples and oranges. She said everybody knows what golf, swim, and tennis are, but no one knows what platform, timeless, or spec tennis are.

White said she and her husband became members after using the free trial. She said they were greeted by other members and taught to play during the two-week trial period.

“Based on that we joined. If you’re not going to have something like that for people who don’t know the sport how are we going to grow our membership?” she asked.

White said there is no cost to the OPA for members giving lessons to people who want to try out the sport, and asked that the free access be reinstated. “Our people are giving lessons of their own accord,” she said, but added that at the golf club and pools, staff is being paid by the OPA to give lessons.

“I believe that the decision to eliminate complementary play is both arbitrary and detrimental to To Page 28

May 2023 Ocean Pines PROGRESS 27

28 Ocean Pines PROGRESS May 2023 Platform tennis From Page 26 the HOA efforts to attract new membership,” Michael Leventhal said.

He added there “appears to be a communication problem” between management and the membership.

He said members have attempted to understand the justification for the new rule and repeatedly asked for an explanation, but contended that their questions have been deflected and stonewalled.

He said they were initially told the policy change was because of the cost associated with the free trials, and then they were told the policy needed to be brought in line with that of other amenities.

Finally, he said, they were told it was because there is a new racquet sports manager who will be charging for lessons. But until the new manager is prepared to teach platform tennis, members should be allowed to continue to offer free lessons, he said.

Leventhal argued there isn’t much of a cost to the OPA for the free trial play but there is a financial benefit. For each ten prospects

OCEAN PINES the members give free lessons, they sign up five members, he said.

If each of those five gets two free sessions at $7 per session, the OPA has $140 in lost revenue. But each new member pays $180 when they purchase a membership, for a total $900 year. He said that revenue is produced every year for as long as membership is maintained.

He pointed out that Board Resolution M-02 states that the OPA must be committed to finding and attracting new customers. This policy runs contradictory to that, he said, and he suggested the Board reverse the decision and supervise a trial period to analyze the value of complimentary play.

One member said he and his grandchildren saw the platform tennis play at the sports complex and walked over one day to check it out.

He’s been playing ever since because the group was so welcoming.

Another member said she joined the club last year, and it has given her family something new to do in the community. Because the members welcomed her family and gave free lessons, the OPA benefited by having four new members, she said.

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Ocean Pines hires new racquet sports manager

O

Tim Johnson most recently was Ocean City’s tennis supervisor

cean Pines Association on April 13 announced Tim Johnson as the new Racquet Sports manager.

A former member of several Ocean Pines Racquet Sports, Johnson also brings a wealth of professional experience to the position.

He most recently served as the tennis supervisor for the Town of Ocean City. Johnson is also a USPTA-certified Elite Tennis Professional, USPTA-certified Pickleball Professional, and a SPEC Tennis Ambassador.

Johnson has coached in the Tim Johnson Mid-Atlantic area for more than 30 years and directed programs at the Aspen Hill Club, Saint Albans School, the International Tennis Club of Washington, and the Washington Area Tennis Patrons Foundation.

A former lawyer, he also served as a legislative counsel on Capitol Hill, and as an advocate for Native Hawaiian rights in federal legislation.

Johnson said he enjoys playing tennis with his three children and his wife, Helen.

“I am truly looking forward to working with all our Ocean Pines racquet sports groups to enhance our already successful operation,” Johnson said. “My goal is to ensure that our community is healthier, happier, and even more active!”

Ocean Pines General Manager John Viola said Johnson was hired after a process that was inclusive of many Racquet Sports groups.

More specifically, the Racquet Sports Advisory Committee lobbied for a new racquet sports complex manager with experience in all the racquet sports available at the Manklin Meadwos Racquet Sports Complex.

“We took feedback from the Racquet Sports Committee and incorporated that into a job description and the eventual hire,” Viola said. “We believe we found the right person for the job, and that his combination of professional experience and experience as a member in Ocean Pines makes him uniquely qualified for this role.”

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Viola presents concept drawings new racquet sports building Viola, Martin explain new lesson policy

By ROTA L. KNOTT Contributing Writer fter unveiling plans for a new racquet center building and referencing the hiring of a new racquet sports manager, General Manager John Viola tackled the topic of eliminating the long-standing practice of offering free trial play and lessons for platform tennis players at the Ocean Pines Association’s racquet sports complex.

During his April 15 general manager’s report to the Board of Director’s Viola said no other amenity offers free trials to everyone and neither should platform tennis.

He acknowledged that for years, prospective members could take advantage of a free 14-day trial and free lessons, and at one point it was 30 days.

However, the OPA recently made changes to platform tennis to eliminate the free court time. Instead, the association is offering two free clinics, one on April 22 and another on May 20. A third clinic is under consideration.

The new policy is generating opposition among platform tennis members, who offered a critique during the Public Comments segment of the April 15 meeting. [See separate article in this edition of the Progress for details.]

Viola said no other amenity, including any of the racquet sports, offers free extended play. He said the other amenities do not provide free lessons and don’t “tie up” the golf

A

course or pools for individuals giving free lessons and free amenity time.

The new racquet sports manager was hired to give lessons and manage the center, Viola said. He said the other amenity directors may give tips at times but are ambassadors for the amenities where they work.

He said he’s not sure it’s even within the authority of the general manager to give away free amenities.

Aquatics may give one free class with no use equipment involved for people who want to try it, Viola said. After that single free class they must be a member or pay the drop in rate for classes. There are for free swimming lessons.

Similarly, he said the OPA does not offer free play, lessons or use of the driving range at the golf course.

However, anyone can use the putting green. The women’s putting club has been taking advantage of that opportunity to hold some functions on its own, he said.

As for the other racquet sports, Viola said there are no free trials of any of them.

Linda Martin, OPA senior executive office manager, said the decision to do away with free trials of platform tennis was the result of growth in the use of the racquet center. She said originally the OPA offered a 30day free trial, but that was cut back to 14 days last year.

She acknowledged that Aquatics may from time to time give a free class to someone interested in a membership or class. She said it

helps them to sign up for the class that is best suited to them, and it often leads to a new membership.

Viola also shared two sets of plans for a new racquet center building at Manklin Meadows, one and two-story options. He worked with former Board member Frank Brown to develop the plans after gathering input from the Racquet Sports Advisory Committee. He said the plans will be shared with the committee for additional input and posted at the racquet center for members to review.

He called the plans “high levels designs” to give to the committee

OCEAN PINES so the OPA can begin the process of selecting an option and developing more detailed designs. He said he will gather feedback from the committee and adjust the plans as necessary.

Viola pointed out that one feature of the new racquet center designs is a wrap-around deck. He said there was feedback from members that they want to be able to watch racquet sport play from the deck.

He also referenced the hiring of Tim Johnson as the OPA’s new racquet sports manager, previously announced in an OPA press release.

Six applicants were interviewed but the association selected Johnson, a former member of the racquet sports club and tennis supervisor for the Town of Ocean City, to fill the role.

He said Johnson is eager to give lessons and bring his professional To Page 33

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Concept designs of the proposed one-story or two-story building for the Manklin Meadows Racquet Sports Complex, as drafted by builder Frank Brown for the Ocean Pines Association.

May 2023 Ocean Pines PROGRESS 31

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OCEAN PINES Racquet Center drawings From Page 30 experience to the OPA to support the racquet sports amenities.

Providing an update on maintenance at the racquet center, Viola said painting in the lounge is complete, as is the Har Tru Court maintenance and landscaping. A new ice machine is on order at a cost of $4,700, new rollers, squeegees, and brushes are hanging from the fences, pro shop painting was scheduled for April, and Public Works crews are power washing the sidewalks.

Alternative Beverage Solutions will be placing a new refrigerator unit in the pro shop with sports drinks and all natural teas, Viola said.

Progress on lifeguard hirings

Viola said the OPA is making some progress on hiring lifeguards for the summer season. He said the association has increased the pay and is willing to pay for training for interested applicants.

He said the goal is to keep the pools open this summer on a full schedule and the OPA will do its best with the resources is has available. Prospective members have been notified that there might be a staffing shortfall again this summer that could affect the hours the OPA’s five swimming pools are open.

To generate interest in open positions, he said the OPA advertised in multiple local newspapers,

Rec Dept. hosts spring events

sent press releases to media, placed ads through schools, attended job fairs, had coverage on TV news, made posts on the OPA Website and social media. It has also published articles and flyers on in the weekly e-blast, quarterly newsletter and twice annual activity guide.

“We’re looking for some good results there,” Viola said.

Replacement of the Swim and Racquet Club roof was completed in March at a cost of $29,200, Viola said.

The Recreation and Parks Department held several successful spring events, Viola said.

Breakfast with Easter Bunny was held on April 17 and Spring Celebration and Easter Egg Hunt on April 8.

Summer Camp for 2023 is full with 170 youth registered and spring softball began April 10.

Youth basketball league was a huge success again this year with 130 participants, he said.

Golf course in ‘best shape’

Landscapers hard at work

Viola said the golf course is in the best shape it’s been in the last 15 years. Revenue is on an upswing too, with six-month comparison to the prior year showing a 15 percent boost.

He said a Putters Club meets at the practice area every other Tuesday to practice members’ short game. They practice putting and chipping and have tutorial events. Ruggiere Golf Academy at Ocean Pines is now offering junior golf and private lessons. An Ocean Pines Scoring Club began on April 4 to improve putting and pitching skills.

A Resident Golf Day held on Sunday, April 9, was attended by 65 players, Viola said. Membership clubs were represented and OPA golf staff led the event.

The day included closest to the pin contest on hole 7 on the indoor simulator and pitching and putting contests.

Both Public Works staff and contractors have been busy installing landscaping throughout Ocean Pines. Viola said the OPA is using outside landscapers for some of the work because Public Works doesn’t have the personnel to do all of the work in-house.

The Racquet Sports Complex and entrance sign are ready for spring opening and Pintail Park was dressed up in preparation for Arbor Day. At the Pintail entrance crews are removing all the old plantings and signs in preparation for installation of new signs.

Landscaping was also completed at the Worcester County Veterans Memorial at Ocean Pines, and Sports Core pool, and mulch was placed along Cathell Road and the dog park in Manklin Meadows. Plants are on order for the golf course, u

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OCEAN PINES

The $500,000 project to replace aging fuel line, pipes at the Yacht Club marina is nearing completion.

Landscaping

From Page 33

ten additional cherry trees were planted at the North Gate pond, and landscaping has started at the Beach Club. More than 2,000 tulips that were planted throughout the community in the fall are now blooming.

Park maintenance proceeds

Annual maintenance and spring clean-up is under way or has been completed at various Ocean Pines parks. Crews have focused on Bainbridge, Bridgewater, Huntington, Manklin Meadows, Swim and Racquet club, Terns Landing Park, White Horse Park, the Dog Park, and Worcester County Veterans Memorial at Ocean Pines.

Crews are cutting grass, weeding, power washing, adding stone, mulching, painting curbs and making court repairs.

Marina project nearing completion

The long-awaited replacement of gas lines, pipes, and a dock at the Yacht Club marina is nearing completion at a total project cost of about $500,000.

Following a gas leak last summer, the OPA has had to replace all of its aging fuel lines and pipes to bring them into compliance with state law.

The problems at the marina began last year when the fuel pumps were shut down because of mechanical issues after the price of gas soared about first $5 and again at $6 per gallon and then a pipe developed a leak. The OPA had to update the gears in the marina gas pumps because they did not go to a $5-plus price point. and then they have to be updated again after the price topped $6 per gallon.

Shortly after the gear adjustments were made, there was a line leak associated with the piping of the above the ground storage tank system. OPA staff acted quickly to contain the leak, placing booms around it, and contacted an outside company to come in for cleanup.

The marina had just two gas pumps in operation following the leak that spilled gas into the water and had to be cleaned up by an environmental contractor.

The OPA was without the rest of its marina gas pumps for the remainder of the summer season but worked around it.

Randsdell named to Elections Committee

The Board of Directors during its April 15 monthly meeting unanimously appointed Steve Ransdell to the Elections Committee.

He replaces Elaine Brady, who resigned in order to run for a seat on the Board this summer.

A whole lot a shakin’ goin’ on, but not for Director Horn She compares Stuart Lakernick’s hand to a doorknob or stair rail, and refuses to touch it

By TOM STAUSS Publisher t does not rise to the level of high drama or a lofty dispute over policy, but it turns out that Ocean Pines Association Director Colette Horn has a problem with shaking colleague Stuart Lakernick’s hand, which apparently has prompted some speculation that she harbors animus towards him.

Lakernick is by all accounts a friendly glad-handler, routinely extending his hand in greeting to those he encounters before and after Board meetings.

That does not play well with Horn, who isn’t cut from the same cloth. She and Lakernick also routinely disagree on policy matters, most recently the decision to enter into contract negotiations with Ocean City attorney Bruce Bright and his firm for legal services.

An attempt by Lakernick to shake Horn’s hand after the April 15 Board of Directors meeting didn’t end well, and it prompted an email

by Horn to the rest of the Board to give her side.

“It has come to my attention that some of you observed an interaction between me and Stuart at yesterday’s (April 15) meeting and may be concerned that my reaction was based on personal animus. At last month’s meeting, Stuart stuck his hand out for me to shake, and I told him I am not shaking hands because of health concerns. That is still the case.

“Yet, yesterday, he repeatedly stuck his hand out for me to shake, and I told him more than once ‘I am not shaking hands.’ Finally I said ‘Please do not embarrass me by continuing to ask me to shake your hand.” His response was ‘You’re just not shaking my hand.’

“I will reiterate,” she continued. “I am not shaking hands, particuu

I

OCEAN PINES

May 2023 Ocean Pines PROGRESS 35

Parks says anti-MOC ‘vitriol’ may be waning OPA president suggests that support for OPA’s food and beverage management company is strong

By TOM STAUSS Publisher oting that a protest promoted on the front page of a local weekly produced only three protesters at the April 15 meeting of the Board of Directors, Ocean Pines Association President Doug Parks said the fizzled protest suggest that intensity of opposition to the Matt Ortt Companies continuing to operate food and beverage operations in Ocean Pines and elsewhere may be waning.

While cautioning that he knows that the “Justice for Gavin” and “Do It for Gavin” Facebook pages in reaction to the tragic death of Ocean Pines teenager Gavin Knupp last summer continue to be active, he said his own monitoring of these pages suggests that these sites “have lost some of their anti-MOC momentum and vitriol,” and “the attack vector” in evidence in the not too distant past “has lessened in its intensity.”

He said he doesn’t know why this might be happening, but he speculated that it could be that as the one-year anniversary of the death approaches, those who post messages on these sites might be more focused on awaiting prosecutor decisions related to those said to be involved in the incident by Worcester County State’s Attorney Kris Heiser.

“That is where the focus should be,” Parks said.

He also said that Matt Ortt’s front page interview in the March

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Progress was helpful in countering misunderstandings in the community about the incident.

In a much publicized statement read at the March meeting of the Board of Directors, Parks had sharply criticized what he said was a continued campaign against the Matt Ortt Companies in the form of protests, boycotts and bullying of the

business staff ... and threatening organizations, customers and OPA board members.

He called on OPA members to resist and continue to support MOC-managed venues.

Parks said a series of targeted actions against MOC by the “Justice for Gavin” and “Do It for Gavin” groups “demonstrated a

move from justice to support for vengeance.“When will they stop? I can answer that – they won’t!!” he said at the time. His latest comments, however, suggest that he now believes that his March statement and other factors may be lowering the temperature on what has been a contentious issue dividing Ocean Pines.

Hand shaking From Page 34 larly with someone who goes around a room, shaking hands with everyone and not sanitizing. This is my personal decision based on my own personal health concerns. It is personal to Stuart only to the extent that his hand, shaving shaken the hands of many people in the room, is particularly problematic, just like a doorknob or stair rail. It will escalate to personal animus if Stuart continues to force the issue.”

Lakernick declined to comment on the substance of Horn’s email, telling the Progress that it wasn’t a particularly important matter and that he preferred to focus on positive accomplishments of the OPA.

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OCEAN PINES

Janasek presses Board to improve cell service Residents ask about election status, ditches

By ROTA L. KNOTT Contributing Writer esidents grilled the Board of Directors about a range of topics during the Public Comments segment of the April 15 monthly meeting, touching on cell service in the community, the status of the upcoming Ocean Pines Association election and the police department.

Former Director Tom Janasek took the podium during Public Comments to challenge OPA President Doug Parks to do one last thing before he leaves the Board this summer. That, he said, is to improve cellular phone service in Ocean Pines.

Janasek said while driving on Ocean Parkway from the fire department on the east side of the community, there is no reliable cell service. He said recently visited another area where cell towers are disguised at palm trees. He suggested the OPA could do something similar and erect a tower that is cloaked to look like a tree on the golf course.

Jokingly calling Parks a “lame duck” because his term ends in August and he’s not eligible for reelection, Janasek suggested Parks invest his remaining time in addressing the need for reliable cell service and placement of additional towers in Ocean Pines.

“We’ll take another look at it,” Parks agreed. He said conditions may have changed since the OPA last asked Verizon and other providers about the status of their plans for improved coverage in the area.

On another matter, Janasek encouraged the OPA to open the Public Works yard for collection of yard waste on weekends in April next year. The yard typically opens in May and residents are allowed to bring yard waste for disposal. He said that’s too late because by May many people have already done their spring clean-up and the plants are in bloom. He said he’s been holding onto debris until he can dispose of it at the Public Works yard.

Janasek said opening the yard on weekends in April would be especially helpful for property owners down on weekends to do yard work.

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That would allow them to spruce up their yards and dump debris instead of stockpiling it on their lots.

Another OPA member, Steve Haffner, said the amenities that are really important in Ocean Pines are related to security - police, fire and emergency medical services.

“Those are the amenities I think all of us here care about having well taken care of,” he said.

Haffner expressed concern about the “manpower situation” at the Ocean Pines Police Department. He wanted to know of the Maryland State Police and Worcester County Sheriff’s Office will continue to assist Ocean Pines with law enforcement until the OPPD is fully staffed.

He also asked if the EMS and fire department are strong “man power wise.”

General Manager John Viola responded that Haffner had a valid question. He said Lt. Shakhan Toppin is in charge of the OPPD at this time as there is no chief in place. The OPPD is supported by MSP and the Sheriff’s Office in time slots where the OPPD is short on manpower.

“With overtime, we’re getting through it,” he said.

Viola said it will take time to rebuild the OPPD but there are sev-

eral recruits scheduled on come on board soon.

Similarly, Steve Grunewald, fire chief, said the fire department is staffed up. “We are good with manpower right now,” he said.

Haffner asked how the OPA intends to ensure residents comply with its new directive to bag yard waste pulled from the ditches. He said he maintains his two lots but wondered how the association plans to make sure everyone else does.

Linda Martin, OPA senior executive office manager, said residents always needed to rake up their yard waste from the ditches. The only thing changing is that the OPA will not use the vacuum truck to collect it from the ditch banks any longer.

Instead the OPA will pick up leaves bagged by residents.

“We’re just requesting that you bag them along with the rest of your yard and then we will pick up the bags,” Martin said. Members can also take bagged leaves to the Public Works yard for disposal. A sticker is required to do so, but this year that sticker is free.

She added that if the ditches are clogged, Public Works will still perform necessary maintenance to remove leaves and debris. Residents

May 2023 Ocean Pines PROGRESS 37 should contact the OPA to put in a work order request in those cases, she said.

OPA member Paula Gray reminded the Board that next month begins the 2023 election cycle, which culminates at the annual meeting in August. She said no one knows what it happening in preparation for the election. “What are we doing now?” she asked.

She said the association should disseminate a statement telling members what this year’s election process will involve. She said there is confusion about whether paper ballots or electronic voting will be used. [The Board recently voted not to do electronic voting this year. The issue is settled for the 2023 Board election.]

Gray cautioned the Board to ensure that the process is clearly defined this year. “We got a good Board this time. Lightening doesn’t strike twice,” she said, alluding to potential election problems like those that occurred in 2022.

She said she has heard the OPA opted to abandon use of the Search Committee to recruit candidates to run in this summer’s election. She asked that the Board consider reinstating that committee.

[The Progress reported last month that because of the lack of time and a lack of volunteers, the Search Committee is not functioning this year. Parks was the quoted source for that information.]

Gray said there are increasing numbers of new and younger resiu

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OCEAN PINES

Board continues to take no action on amendments to DRs restricting short-term rentals

Kim Heaney, Linda Moran, John Talbott, Sharon O’Hare, Dan Silverman, Donna Silverman, Mickey Lobb, Marlene Ott, Brenda Archer-Nichols, Beth Miller, Cindy Poremski, Jake Spence and Sean Sullivan, instructor.

the original decision was made and that all three might benefit from hearing arguments pro and con about the proposed DR changes.

Lakernick and Director Rick Farr are on record as opposing sending the amended DRs out for a vote.

Parks reiterated his concern that should the OPA proceed with sending out the proposed DRs, the result might be a patchquilt of differing results in the sections, resulting in an administrative challenge dealing with differing enforcement situations.

He said his preference would be for one set of rules applying to all sections equally, acknowledging that the section-by-section does not necessarily guarantee that.

He said that had Daly offered a motion to proceed with the vote to amend the DRs, he (Parks) would have opposed it, unless there was a reopened discussion on the merits that would address his and other directors’ concerns.

During discussion at the Board’s Feb. 18 meeting concerning last summer’s Board election, Daly said the voting to change the DRs does not involve the Elections Committee, with the sending out of ballots and compiling results handled

by OPA staff. Nor does it include the option of electronic voting to complicate matters further, Daly said.

He described the ballots in the DR amendment election as proxies, that would be transported down to Snow Hill after they’re counted by staff. DRs can only be amended if a majority of property owners in each section approve them in a process that is different than the usual referendum process outlined in OPA governing documents.

The OPA can lobby those who haven’t submitted ballots to do so in follow-up correspondence.

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

“There’s no reason to hold up the DR voting [because of issues related to the Board election],” Daly said, asking the Board to make a decision to proceed with the DR voting within the next 30 days.

Daly and Director Collette Horn were part of a majority on last year’s Board in favor of giving the OPA more tools to enforce rules on shortterm rentals. Daly told the Progress in a email that the issue isn’t dead, that there was an approved motion that the general manager was to act upon.

That never happened because of the change in Board composition.

She suggested the association develop a program to recruit future Board members too.

[Actually there are two slots on the Board to be contested this summer, possibly three depending on when Frank Daly officially resigns from the Board. See Cover story in this edition of the Progress for details.]

Donna McElroy told the Board she and others have a hard time hearing comments made and questions being asked during the meetings. She said suggested the Board consider repositioning the podium used by speakers during Public

Comments and those making presentation to the Board to make it easier for the audience to hear what is being said.

McElroy also questioned access to the bathrooms and showers used by boaters at the Yacht Club.

She said they are currently locked and chained closed and wanted to know when they will be opened for use.

She said her family likes to use the facilities to clean up after a day on the water. But, she said, one shower there is not enough.

Parks said the proposal isn’t dead but ‘on hold’ and that new Board that organizes after this summer’s OPA election could decide to revisit it

By TOM STAUSS Publisher cean Pines Association Director Frank Daly put down a marker during the Feb. 15 monthly meeting of the Board of Directors: He wanted a Board vote to proceed with 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 in those sections where fining authority does not exist.

That 30-day marker came and went with no Board action. The topic was not even on the agenda for the Board’s March 18 meeting. It wasn’t included on the April 15 agenda either.

OPA President Doug Parks it could have been, had Daly or any other director asked that it be included on the agenda for discussion or a vote.

That Daly didn’t act on his own marker from the February Board meeting suggests he knew or

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suspected he lacked the four votes needed. Now that Daly has announced his pending resignation from the Board, the proposal seems like it’s on life support, not dead necessarily but certainly not likely to gain any traction for the remainder of the current Board term.

Parks in a March interview told the Progress that he doesn’t believe the idea is dead and that he was willing to reopen the discussion, in effect start over for the benefit of directors who were not on the Board when the decision was made by the previous Board to proceed with a vote to change the DRs. In an April 21 follow-up interview, Parks said that the idea is best described as being “on hold,” and that the new Board that organizes after this summer’s election could decide to revisit it.

Parks’s current term ends this August.

He noted that three directors elected this past August - Stuart Lakernick, Monica Rakowski and Steve Jacobs -- were not on the Board when

CPR & AED class

Local Realtor Marlene Ott of Berkshire Hathaway Home Services, PenFed Realty in Ocean Pines recently organized a CPR/AED class taught by the Ocean Pines Volunteer Fire Department. Attending were, left to right,

Public Comments From Page 37 dents who may not know about the election process and how to run for the Board. She suggested posting the information in local newspapers, too.

With numerous seats up for grabs in the election, Gray said almost half of the directors will be new to the Board after August.

She said the OPA has a program to educate residents about the requirements for signs for elections.

OCEAN PINES

May 2023 Ocean Pines PROGRESS 39

OPA adds violation list to Website Property owner names, street addresses not included

By TOM STAUSS Publisher he Ocean Pines Association Website now includes a list of violations of various OPA rules and regulations by property owners, under the Architectural Review Committee section.

The list does not include the names of property owners who have been identified by the ARC and the Department of Compliance, Permits and Inspections for enforcement action. The list includes the lot and section number but not the street address of those identified for enforcement action.

There’s been no official announcement of the Website addition, nor any explanation for why the names of property owners are omitted from the published list of more than 150 enforcement actions in various stages of enforcement activity.

The list was initially disclosed by Joe Reynolds of oceanpinesforum.com.

The inclusion of the list, up to date through March, is a response to comments made by property owner Richard Malone at the March 18 meeting of the Board of Directors, where he renewed a complaint first made two years ago about a problem property where derelict vehicles litter the yard near his home on Nottingham Lane.

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Asserting that nothing has been done about that particular problem, Malone encouraged publishing the names of those who violate the restrictive covenants as a way to encourage compliance.

He suggested publishing a list of properties and their owners who have continuing violations. That could be done in local newspapers or the quarterly OPA newsletter, he said. He didn’t mention the OPA Website, but so far that’s the only location where the violation list appears.

OPA President Doug Parks said during the March 18 meeting that the OPA would follow up on Malone’s complaint about his neighbors and on the possibility of posting a list of ongoing violations.

Malone did not get his wish for the inclusion of names of property owners who have been targeted for enforcement action, which could suggest a concern about potential litigation from disgruntled property owners who may feel they have been unfairly targeted.

Somewhat ironically, Malone had mentioned that he would sue the OPA for discrimination if he is charged by the OPA for the height of a fence on his property. He said that in his view there seems to be selective enforcement of OPA rules and regulations.

Of the more than 150 violations that appear

on the list, about 40 were for situations in which the property owner failed to obtain a permit for various uses or activities that could be approved by the ARC. These included recreational vehicle parking, tree removal, an outside shower, color changes, fencing, and sheds among them.

There were 22 maintenance issues listed, 19 for trash cans (presumably those that are not kept inside except on trash pick-up days), eight for missing house numbers, seven for unregistered vehicles, six for more than boat trailer on a property, five for sign violations, four box trailer violations, three for dangerous trees, and three for junk vehicles.

There were two citations each for easement violations, leaf placement, vehicle parking, and deck screening.

There was one citation each for commercial vehicles, an unauthorized tent in a yard, a shed color violation, an unapproved skateboard ramp, an unapproved attachment to a bulkhead, and improper shed screening.

Also cited was one oversized vehicle and one yard canopy, with one stop work order listed as well.

One lot owner has five different open violations. Another lot has an open violation for an unregistered vehicle going back to 2017.

Board approves mosquito control contract

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Horn question effectiveness of three sprayings per summer

he Board of Directors approved a single source contract with the Maryland Department of Agriculture for mosquito control even though some question the effectiveness of the annual spraying.

The $19,000 contract for mosquito control exceeded the authority of General Manager John Viola to sign off on it so the Board had to approve.

The annual mosquito control effort is done in conjunction with Worcester County and the state. The MDA, Mosquito Control Section, prepared the estimate of operating expenses for mosquito control in Ocean Pines during the 2023 season.

The budget estimate is based on previous years’ expenditures and anticipated costs for the upcoming season.

Director Colette Horn asked how often the mosquito abatement activity occurs. “People are complaining there are lots of mosquitoes and don’t see the effectiveness of this program” she said.

Linda Martin, OPA senior executive office manager, said the mosquito control occurs in June, July, and August using spray.

Horn asked if that spraying could be done more frequently because it seems like that it’s enough to reduce the insect population.

OPA President Doug Parks said the association can inquire with the state but said it is likely the MDA has its own schedule for the program.

He doubted the spraying could be expanded in 2023 but said the association can encourage consideration of additional mosquito control efforts for next year.

He noted, however, that will may cost OPA more money.

Horn said it would be good for the OPA to give MDA feedback and some evaluation of the effectiveness of their efforts in the community “and consider whether what they’re doing is really meeting needs of community.”

Golf irrigation study approved

A capital request to award a contract for a golf irrigation project garnered the unanimous support of the Board on April 15.

General Manager John Viola presented the capital request along with the staff recommendation to contract with Hyrdo Designs Inc. at $20,550 for irrigation system design and systematics for the golf course.

Viola said the project is “a continuation of something that we’ve already worked on” to improve the golf course irrigation system.

Former director Greenberg dies

Gary Greenberg, past member of the OPA Board of Directors and former President, has died. Current OPA President Doug Parks recognized Greenberg’s passing during the Board’s April 15 meeting. Greenberg served on the Board from 1992-1994 and as president in 1994.

Rick Farr named to veterans Board

OPA President Doug Parks announced during an April 15 meeting that Director Rick Farr was named to the Worcester County Veterans Memorial at Ocean Pines Board of Directors. “Just congratulations,” he told Farr. The Board oversees the memorial’s nonprofit foundation.

New form OKd for Board candidates

Individuals interested in running for the Ocean Pines Association’s Board of Directors have a new form to fill out.

Director Stuart Lakernick, OPA secretary, announced during an April 15 meeting that the Board unanimously approved the new candidate form in an email vote. The form is available on the association’s website, oceanpines.org under the Board of Directors tab.

40 Ocean Pines PROGRESS May 2023

OCEAN PINES

Changes to conflict of interest policy proposed Resolution B-02 to be amended to accommodate hybrid meetings, but members must be present in person to engage in Public Comments

By ROTA L. KNOTT Contributing Writer ontinuing with a flurry of updates to the Ocean Pines Association’s guiding resolutions, the Board of Directors introduced several amendments for first reading during its April 15 monthly meeting, including a revision to B-05 regarding conflicts of interest.

The intent of the changes to B-05, which were submitted by the Bylaws and Resolutions Committee and reviewed by legal counsel, is to meet changes in the governing documents of Ocean Pines as well as any changes in Maryland statutes.

The changes recommended by legal counsel include addressing what constitutes a conflict of interest and the disclosure of confidential information.

Language currently included in B-05 states that no director shall recommend a course of action or make a decision for the association in any matter in which they have a direct or indirect financial interest.

The revision specifies that no director, officer, employee or committee member of the association shall knowingly misrepresent facts in order to achieve any measure of personal gain in any matter for themselves or any affiliated company from which he or his family member may benefit.

All decisions must be made with the best interest of the association in mind.

It further states that no director, officer, employee, or committee member shall use confidential information received in the course of his as-

C

sociation duties to benefit any person, company, corporation, or proprietorship.

“No Director, officer, employee or committee member shall disclose confidential Association business or information outside of the Board of Directors without the prior approval of the Board of Directors or except as otherwise permitted or necessary in working with the Association’s legal counsel,” the revision states.

In any situation where any appearance of a conflict of interest could exist, such as when a director, his company, his family member, or friend would be benefited by a decision of the Board, the conflicted director must fully disclose the nature of the conflict in writing. Any self-dealings or dealings with related parties must be fully disclosed to the Board.

“All contracts or decisions in which a director has a conflict of interest must be approved by the majority of the remaining directors and must be fair and reasonable to the association,” the proposed languages states.

Other updates to B-05 include changes in citations to the Charter of the Association as well as the Bylaws of the association.

Proposed amendments to Resolution B-02 concerning Rule of Order for Meetings of the Board addresses who may make public comments.

The Bylaws and Resolution Committee reviewed the document to consider whether a member participating virtually be allowed to participate in the Public Comments portion of any Board meeting.

The revision states that any member who de-

ROC founder not yet given access to 2022 election docs Director Rick Farr says it’s not clear what documents Sherrie Clifford wants to review, delaying a decision on whether and when to grant her request

By TOM STAUSS nation of the Elections Committee members Publisher who oversaw the election, and who conducted he founder of the Residents Oversight a hand-count of ballots cast in late September.

Community (ROC) Facebook page, Sher- The hand-count confirmed the winning candirie Clifford, had recently requested ac- dates in the election but by margins modified cess to various documents related to the 2022 from the tallies in a count of the ballots in early Board of Directors election, reportedly includ- August. ing ballots and the coded outer envelopes that According to an email from Tucker obtained contained them, a request that the Board on by the Progress, Clifford subsequently withadvice of counsel Jeremy Tucker apparently drew her request for the emails, leaving ballots had agreed to grant. and the envelopes among the documents she In a March 17 email to the Ocean Pines As- wants to review. sociation, Clifford had requested all Board of At least that’s the impression left with some Directors’ emails relating to the controversial OPA officials, although it’s difficult to obtain a 2022 election and those relating to the resig- clear idea for sure.

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sires to address the meeting during Public Comments shall be recognized, but then goes on to specify that members must attend the meeting in person to make comments. That is the sole change proposed to the resolution.

Changes are proposed to Resolution B-03 Meetings of Association Members to address requirements for virtual meetings and hybrids of in-person and electronic or virtual meetings, and voting by members attending virtually.

The Bylaws and Resolution Committee brought up the issue to the Board in March, noting that the matter had been previously considered in 2022 but there was no resolution of various concerns at that time.

The amended resolution addresses the requirements to hold a virtual or hybrid meeting including the general manager reporting to the Board that the capability exists for such meeting to be held for only qualified members of OPA to be counted toward a quorum, to vote and to fully participate in the meeting.

To hold a virtual or a hybrid meeting the following requirements must be met the equipment used by OPA must permit any member, Board member or committee member in attendance to hear and be heard by all others participating in the meeting.

The general manager must report to the Board not less than 30 days before the annual meeting that the equipment or system is able to ensure that only qualified members of Ocean Pines may be counted toward a quorum, to vote and to participate in the meeting.

The Progress also has been unable to confirm if there are additional documents that she wants to inspect. Clifford did not return a phone call for comment.

OPA Director Rick Farr said in an April 22 text that Clifford has not yet been given access to any documents because “apparently she has changed her mind again” on what documents in particular she wants to inspect.

Farr is the Board liaison to the Elections Committee.

Farr later said that in his view no inspection of documents will lead to any greater insight into an election that everyone agrees had flaws but in which there has been no credible evidence that proves the outcome was not as determined by a hand-count of ballots by the former Elections Committee in late September.

“The election is over,” he said. “The focus should be on this year’s election.”

In a recent interview, Farr indicated that he thought Clifford had clarified the documents she wants to review, but he later retracted that.

“I really have no idea what she wants,” he said. “It’s kinda late to be asking for anything.”

OPA FINANCES

May 2023 Ocean Pines PROGRESS 41

OPA records a $2,000 surplus in March Positive operating fund variance for the year remains in excess of $1.1 million

By TOM STAUSS Publisher he Ocean Pines Association recorded a $1,939 operating surplus in March, essentially flat but continuing the trend of surpluses throughout the year, even in a month historically known for operating deficits.

In his report to the Board of Directors during the April 15 Board of Directors meeting, General Manager John Viola in what he calls a “flash estimate” projected the operating fund would record a $1,000 deficit, the first one for the year, but the official report posted on the OPA Website showed a surplus, albeit a very modest one.

His flash estimate had projected a net operating deficit for the month of $853,000, compared to the budgeted $852,000, for the projected $1,000 deficit.

“Basically flat,” he said of the projected March results.

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The actual results were very close to the flash estimate but off just enough to preserve the OPA’s unbroken record of monthly operating fund surpluses for the 2022-23.

According to the net operating results released later in the month by Controller Steve Phillips, the net for the month was a negative $850,223, against the budgeted $852,162.

That represented a $3,000 improvement over the flash estimate.

The cumulative surplus for the 2022-23 fiscal year through March 30 was $1,114,684, with just one month remaining in the fiscal year. Revenues for the year were over budget by $1,015,479, and expenses were under budget by $99,205.

For the year through March, all amenity departments except tennis and platform tennis are in the black, with tennis $28,066 in the red and platform tennis a negative $4,469.

Compared to budget, all amenity departments

OCEAN PINES ASSOCIATION

NET OPERATING BY DEPARTMENT OPA NET OPERATING RESULTS

BY DEPARTMENT - MARCH 2023 MARCH 2023 MONTH ACTUAL

MONTH BUDGET

YTD ACTUAL

$ VARIANCE

YTD BUDGET

$ VARIANCE

YTD LAST YEAR

GENERAL ADMIN MANAGER'S OFFICE FINANCE PUBLIC RELATIONS

26,100 (39,308) (103,936) (31,281)

5,384 (32,663) (86,915) (24,115)

20,716 (6,644) (17,021) (7,167)

5,953,140 (286,654) (757,539) (247,345)

5,921,497 (276,678) (757,084) (248,282)

31,643 (9,976) (455) 936

6,163,677 (252,226) (660,112) (198,015)

COMPLIANCE / PERMITS GENERAL MAINT PUBLIC WORKS

(9,962) (96,615) (133,402)

(11,197) (67,518) (157,423)

1,235 (29,097) 24,021

(97,257) (638,013) (1,283,825)

(65,709) (673,784) (1,540,484)

(31,548) 35,771 256,659

(9,636) (544,886) (1,263,108)

FIRE / EMS POLICE

(88,669) (164,631)

(88,669) (197,728)

33,097

(975,355) (1,151,170)

(975,355) (1,300,004)

148,833

(682,871) (1,112,066)

RECREATION / PARKS TENNIS PICKLEBALL PLATFORM TENNIS

(48,631) (19,412) (2,775) (2,586)

(41,552) (20,806) (3,001) (2,150)

(7,079) 1,394 226 (436)

(376,381) (28,066) 52,743 (4,469)

(469,343) (30,808) 34,794 (12,032)

92,961 2,742 17,949 7,564

(382,931) (30,250) 53,460 2,040

AQUATICS

(61,733)

(54,720)

(7,013)

111,438

(16,049)

127,487

50,005

GOLF OPS + MAINT CLUBHOUSE GRILLE

(53,258) 1,250

(41,299) (4,666)

(11,959) 5,916

319,075 35,989

103,530 42,618

215,545 (6,630)

304,292 23,372

BEACH CLUB BEACH PARKING

(4,536) 10,989

(3,893) 10,990

(642) (1)

213,694 520,191

128,028 496,977

85,666 23,213

141,935 485,903

YACHT CLUB MARINAS

(21,138) (6,689)

(27,838) (2,383)

6,700 (4,306)

225,591 236,176

137,894 207,550

87,698 28,626

264,976 241,508

(850,223)

(852,162)

1,939

1,821,958

707,274

1,114,684

2,595,066

NET OPERATING Source: Ocean Pines Association Finance Department

4/18/2023

RESERVE SUMMARY PERIOD ENDED 3/31/2023 UNAUDITED

RESERVE SUMMARY ENDING MARCH 31, 2023 - UNAUDITED REPLACEMENT

BULKHEADS WATERWAYS

BALANCE APRIL 30, 2022

4,769,395

535,600

TRANSFERS FROM OPERATING FUND: CONTRIBUTIONS FROM ASSESSMENTS

1,710,166

1,053,850

TRANSFER FROM PRIOR YEARS' SURPLUS

75,000

INTEREST INCOME (EXPENSE)

128,461

(1,284,549)

BALANCE MARCH 31, 2023

5,398,473

Source: Ocean Pines Association Finance Department

DRAINAGE

4,666

687,014

-

-

700,000 24,737

RESTRICTED CONTRIBUTIONS: TRANSFER OF CASINO FUNDS TRANSFERS TO OPERATING FUND: OPERATING EXPENSES CAPITAL ADDITIONS

ROADS

(956,471)

657,716

NEW CAPITAL

TOTAL

150,090

6,146,765

-

2,764,016

210,000

985,000

2,503

180,542

16,832

8,008

350,000

100,000

(358,938)

(610,681)

(248,927)

(956,471) (2,503,095)

712,560

184,342

113,667

7,066,757

450,000

except for the Clubhouse Grille are in positive territory as of the end of February. The Clubhouse Grille’s negative variance to budget was $6,630, but it remains a profitable amenity overall.

Through the end of March, beach parking continued to be the OPA’s top revenue producer, with net revenues of $520,191, followed by golf at $319,075, the Yacht Club at $225,591, marinas at $236,176, the Beach Club at $213,694, Aquatics at $111,438, and the Clubhouse Grille at $35,989.

In the aggregate, racquet sports are in the black through March, led by pickleball’s net income of $52,743, more than offsetting deficits in tennis (-$28,066) and platform tennis (-$4,469).

For the month of March, all amenities except beach parking and the Clubhouse Grille were in the red.

For the month, the Yacht Club ($6700), the Clubhouse Grille ($5,916), tennis ($1,394) and pickleball ($226) all exceeded their budgets.

The Parks and Recreation Department continues to outpeform its budget for the year, with a positive variance to budget of $92,961 through the end of March.

The department, which is funded by annual lot assessments and class and program fees, recorded a slight negative variance to budget in March ($-7,079).

Reserve summary -- The March 31 reserve summary indicated total reserves of $7.067 million, down from $7.62 million in February, $7.9 million in January, $8.254 million in December and $8.814 million in November. The replacement reserve balance at the end of March was $5.398 million, with bulkheads and waterways at $657,716, roads at $712,560, drainage at $184,342, and new capital at $113,667.

Balance Sheet -- The OPA’s balance sheet as of March 31 shows total assets of $46,418,562, up from $45,240,484 at the same time in 2022.

Rakowsksi reports OPA had $14.4 million in cash on March 31

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t the April 14 Board of Directors meeting, OPA Director and Treasurer Monica Rakowski reported that as of March 31, the OPA had about $14.4 million cash in hand.

That was about $500,000 more than the same time last year but about $1.4 million less than in February. That’s a typical pattern for this time of year.

Of that $14.4 million on hand, $7.1 million was invested in CDARs, with the remaining $7.3 million invested in insured account sweeps, money market funds and operating accounts.

42 Ocean Pines PROGRESS May 2023

OPA seeks $700,000 from county for police, roads and drainage Bertino questions status of Ocean Pines Police Department, referring to an ongoing staffing shortage that OPA administration is working to remedy

By ROTA L. KNOTT Contributing Writer espite the challenges of hiring and retaining qualified officers, the Ocean Pines Association will continue to maintain a police department, General Manager John Viola told the Worcester County Commissioners during a March 7 meeting. Viola and OPA President Doug Parks presented the OPA’s annual funding requests, totaling $700,000 for police and roads, bridges, and drainage improvements, to the commissioners.

Since they mentioned law enforcement, Commissioner President Chip Bertino asked “What’s going on with the Ocean Pines Police Department?”

Parks responded that “it’s an ongoing situation.”

Bertino said that because the OPA is seeking county funding to support the police department, “I just want to ensure that things are under control.”

Viola said the OPA is struggling to compete against other agencies when hiring and retaining officers. “We have to be more competitive with everybody else,” he said. To do so, he said the OPA is reviewing compensation packages for officers to make working for the OPA more attractive.

As a result of that review, and recent changes in the compensation package approved by the OPA Board of Directors, there seems to be light at the end of the tunnel with respect to staffing. [See article elsewhere in this edition of the Progress for details.]

“Ocean Pines has been in the law enforcement business for 50 years. We continue to be in the law enforcement business, and we plan on being in the law enforcement business in the future,” Viola said.

Parks agreed and said the OPA Board of Directors is 100 percent behind supporting the police department. “It’s been a proven and important commodity in the neighborhood and there’s no reason to change that based on the circumstances that exist currently.”

In presenting the OPA’s request for $550,000 for police services and $150,000 for roads, bridges, and drainage infrastructure improvements, Parks said those figures are consistent with special grants from the county to Ocean Pines in the current fiscal year.

He said because of the inflationary pressures of the economy the OPA felt it was in the best

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interest of the association to keep its requests at the same level.

“There are two specific areas that are important to Ocean Pines and that are consistent with what we’ve asked for in the past couple of years,” Parks said, adding those are public safety, and roads, bridges, and drainage.

Last year, the police department handled 9,807 criminal and non-criminal calls for service. “That’s a pretty significant amount of work that our police force does in Ocean Pines,” Parks said, adding that funding is needed commensurate with the work the police department does to make sure Ocean Pines remains a safe place.

The county has consistently provided grant funding for the dedicated purpose of supporting the police department. Parks said the OPA appreciates that financial support and requests that the county continue to provide a level of funding commensurate with the importance of this public safety service.

The police department’s annual report shows the number of calls in 2022 for mutual aid and assisting other agencies including joint agency operations at 562 and a total number of calls for service at 9,807. These service calls generated by citizens and police personnel in the field included both criminal and non-criminal incidents.

Throughout most of the year the departments were challenged with COVID 19 issues that restricted the opportunity to upgrade equipment or supplies.

“Your help in providing much needed funding is imperative to meet the related and growing needs for recruitment, training, and time,” Parks said in his request to the county. “To assist us in meeting the current and increasing demands on our police force, we respectfully request Public Safety funding in the form of a grant in the amount of $550,000 and ask for your consideration.”

Related to the funding request for roads, bridges, drainage, Parks said the OPA has been aggressively tackling improvements in those areas.

“As you know at 50 years plus, Ocean Pines infrastructure is starting to show its age,” he said.

The 82 miles of roads in Ocean Pines carry the traffic load for thousands of both resident and non-resident vehicles every day.

Along with the responsibility to maintain four bridges to comply with the appropriate safety standards, the OPA also has 387 drainage pipes that cross under existing roads. Parks said the

WORCESTER COUNTY OPA must also maintain each of the residential driveway [culvert] pipes throughout the community.

“This past year Ocean Pines has taken a more aggressive approach in maintaining our roadways and repairing drainage pipes. Specific plans have been developed and work is being done in these areas in conjunction with those plans,” he said. If funding from the county were to be made available, these projects could continue, and the OPA would be able to alleviate road and drainage problems that currently impact many of the community’s property owners.

“To assist us in meeting the infrastructure needs of our portion of the county, we respectfully request funding in the amount of $150,000 and ask for your consideration,” Parks said.

Also, he added, should the county open any discussions regarding available casino funds and the impact associated with the establishment of table games, Ocean Pines would be very interested in participating. He said the OPA hopes that it could potentially share benefits with the county residents in Ocean Pines if such funding became available.

In his request to the county, Parks argued that the 8,482 properties within Ocean Pines [the total includes Phase I of the include a year-round population of approximately 12,000 which represents a significant percentage of the overall county population. In addition to the county residents that live and own property in Ocean Pines, the association shares the use of its physical assets with thousands of guests who come to the area to visit each year.

Those physical assets include eighty-two miles of road, associated bridges, five pools, a golf course, several restaurants, and numerous parks and playgrounds.

Additional services that the association provides to the residents of the county when they are in Ocean Pines include public safety services and various recreation programming that include classes for physical fitness and wellness, educational forums, along with children’s camps and other activities.

“We believe the Commissioners and other members of the leadership team recognize the association for the asset that it is to the county through its consideration of funding for this upcoming year,” Parks said in his request for county funding.

For FY23, the commissioners approved discretionary grants to the OPA for streets at $134,291; recreation at $10,000; and police at $550,000.

Other grants funds awarded to Ocean Pines were fire at $66,000; county volunteer fire department grant at $228,418; supplemental fire grant at $21,582; ambulance at $634,940; supplemental for level funding $4,050, and another $31,937 in state pass through funding for fire protection.

For FY24, the OPA has requested grants for streets of $161,425; roads and bridges infrastructure at $150,000; police at $550,000; fire at $61,000; fire department of $239,323; supplemental fire grant of $10,677; ambulance grant of $670,205.

Ocean Pines also is expected to receive $32,075 in state pass-through funding for fire protection.

WORCESTER COUNTY

May 2023 Ocean Pines PROGRESS 43

Route 90, 589 dualization remain top transportation priorities for county Short-term fixes to shoulders of Route 90 suggested

By ROTA L. KNOTT Contributing Writer n their annual letter to the Maryland Department of Transportation, the Worcester County Commissioners once again listed dualization of Route 90 and 589 as among their top priorities for transportation projects.

The county also cited a new priority project, accessible crosswalks on Route 589 at Manklin Creek Road, the South Gate entrance into Ocean Pines.

Dallas Baker, county public works director, presented the fiscal year 2023 Consolidated Transportation Program Letter to MDOT for the commissioners’ approval during a March 7 meeting.

“This year’s letter has everything that last year’s letter had with a couple of additional items,” Baker said.

Each year, the county sends a letter to MDOT and the local state delegation outlining its priorities to the state’s transportation network.

Baker said all projects from last year are still included on the list and he recommended keeping all requested improvements on the list until they are fully funded for construction by the state.

In the request, the county said traffic congestion on Route 90 continues to worsen.

That is evident by how much further towards Salisbury traffic backs up on Route on Saturday mornings during peak summer months.

There was a time not too many years ago when the back-up began at the Route 589 intersection, but now it can be a mile or more towards Salisbury.

Ocean City has become a year round tourist destination and development on the north end of Worcester County continues to see record growth in new home and business construction.

It states that Route 90 needs to be dualized to address the increased traffic demands. Worcester County

I

recognizes full dualization is a major capital project with a prolonged timeline for completion.

“In addition, it is requested MDOT review the possibility of the short term interim improvement of strengthening and widening the shoulders of MD 90 while full dualization is pursued.

The shoulders of MD 90 are too narrow and too thin to support sustained vehicular traffic,” the county says in its letter to MDOT. As such, during most routine maintenance operations by SHA, Route 90 is placed into a flagging operation or one lane is shut down entirely.

Traffic quickly backs up and significant delays are encountered.

The county said that by widening and strengthening the shoulders to support temporary vehicular traffic, it will reduce the need to fully close a travel lane during maintenance or emergency response activities.

“It is believed this short term improvement could be undertaken quickly while long range planning,

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permitting, design, and construction moves forward towards full dualization,” the county’s letter states.

In again citing the growth of the north end of Worcester County during the last decade, the county said the Route 589 corridor has become heavily congested at all times of the year. More people are living in Ocean Pines year round than ever before and commercial development is increasing.

Congestion and delay issues along Route 589 are at or are approaching failing conditions as the road network reaches maximum capacity.

“MD 589 needs to be dualized to address the congestion issues and increasing safety concerns as additional residents come to the area,” the county says.

In addition to improvements to Routes 90 and 589, several new projects have been added to the county’s priority list based on input public works has received during the past year.

Fire marshall issues burn ban

ffective April 24, the Worcester County Fire Marshall Matthew Owens issued an outdoor burning ban for an indefinite period of time.

“Due to the county’s current dry conditions, the burn ban is effective April 24,” he said. “This ban should reduce the number of out-of-control, outside fires, which cause safety concerns for area residents, visitors and especially fire responding personne,” The ban applies to all outdoor ignition sources, with the exception of gas and charcoal grills, properly used; campfires at the county’s commercial properties, state and federal campgrounds, permitted Ocean City bonfires, private property recreational campfires, limited to a fire area of two feet, with a height of three feet; public fireworks displays, and volunteer fire company training exercises.

The ban will remain in effect until dry conditions dissipate.

All existing outdoor burn permits have been rescinded.

“Our water tables are extremely low, and this is confirmed by county and USGS monitoring well networks,” Environmental Programs Director Bob Mitchell said. “We have extremeley low precipitation totals, and the U.S. Drought Monitor has the county under a moderate drought category.

The new projects include crosswalks on Route 589 at Manklin Creek Road.

The intersection has sidewalks, handicap ramps on the south and east legs of the intersection but is lacking the necessary amenities for pedestrians to safely cross either.

Crosswalks need to be added to the south and east legs of the intersection to finish the work that has already been started, the county letter says.

A new drawbridge for Route 50 into Ocean City also remains on the priority transportation project list.

Similar to Route 90, traffic congestion on Route 50 continues to worsen, the county said. In recent years, there have been several incidents of the existing drawbridge getting stuck.

“With Ocean City serving as a year round tourist destination, the US 50 drawbridge needs to be replaced with a more reliable structure and one that can accommodate the increasing traffic congestion issues,” the county says in its letter.

Construction of a dedicated right turn lane on southbound St. Martins Neck Road has also been included on the priority project list.

Thanks to GPS apps like Google and Waze, more and more out of town traffic is being directed down St. Martin’s Neck Road as a way to bypass traffic slowdowns on Routes 113 and 90.

During tourist season traffic backs up as people wait to make left turns off of south bound St. Martin’s Neck Road onto east bound Route 90.

Currently there is only one south bound lane at the intersection. Local residents wanting to turn right onto west bound MD Route 90 must wait in long queues.

“A south bound right turn lane needs to be constructed to better facilitate traffic wanting to head west bound on MD 90,” the county’s letter to MDOT states.

Route 90 continues to be a source of frustration for county officials.

Athough former Governor Larry Hogan included Route 90 planning money in a recent state transportation budget, planning money doesn’t mean that state highway officials move up a project on the priority list for actual funding.

Essentially that means that while the county hopes to receive state funding some day for dualizing Route 90, no one knows if and when that will happen

44 Ocean Pines PROGRESS May 2023

LIFESTYLES

Members of the Putters Club hone their skills at the Ocean Pines Golf Course’s practice putting green.

Putters Club and instructional programs help spread goodwill at OPA Golf Club

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Open to women, membership in OPLGA not necessary

nstructors at the Ocean Pines Golf Club recently pitched in during a putting league started by members of the Ocean Pines Ladies Golf Association.

Those who took part said the willingness of staff to lend a hand has led to a surge of goodwill at the Golf Club.

The Putters Club meets every other Tuesday to practice their short game. Colette Horn, a member of both the Ocean Pines Board of Directors and the Putters Club, said the group was put together by OPLGA Treasurer Norma Kessler.

“It was formed to provide a fun event for the winter months that would give an opportunity for golfers to meet new people and practice their putting and chipping,” Horn said. “It was open to any women golfers interested in participating, regardless of their status as golf members.”

She said the club started in January and met on the putting and chipping practice greens.

“We also had two tutorial events,” Horn said. “For the initial event, [Golf Director] Bob Beckelman gave us instruction and drills to improve our putting.”

Beckelman said his staff also set up a special nine-hole putting course, and the OPLGA members played twice through and recorded their scores.

“For our final event, instead of the competitive challenge, Matt

Ruggiere gave us tips and guidance to improve chipping and putting,” Horn said.

Ruggiere has been leading the new Golf Academy at Ocean Pines since March. The program features adult and junior golf programs, along with private lessons.

“I met everyone last week and told them I would come out to give some tips and set up a few practice stations for them,” Ruggiere said.

“They typically do not have any instructors with them, but they usually meet to have a putting contest and some challenges for fun, with small prizes at the end.”

Horn said groups like the Putters Club, along with the OPLGA and the 9-Hole Ladies League, are

O

helping make the game of golf more accessible to local people.

“We are seeing members returning who had not been members in recent years,” she said. “Several of the members of this year’s Putters Club are women who don’t play golf anymore, but wanted to participate in golf at a level that is possible for them and to have the social benefits of spending time with other women on an activity they enjoy.”

Horn said instructional programs offered at the Ocean Pines Golf Club have also helped to attract new and returning players.

That includes lessons led by Beckelman, Ruggiere, and Brian Davis.

“All of them came to us with reputations as good teachers,” she said.

“However, their willingness to work with the golfers in informal tutorials during our clinics exposed the women to them and their abilities as golf pros and instructors.

“Furthermore, the changes Bob has put in place in the Pro Shop and his approach to managing the operation and interacting with the member groups has resulted in many positive comments from golfers, from both the men’s and women’s leagues,” Horn continued. “This reflects the goodwill toward and positive expectations of our pro and assistant pro.”

Women interested in joining either the Putters Club or OPLGA may call OPLGA President Ann Shockley at 410-688-1975 or email rexerann@gmail.com.

The Putters Club is free to join.

The OPLGA annual fee is $60, with $30 applied to the handicap fee.

For more information on the OPLGA, search “Ocean Pines Ladies Golf Association” on Facebook.

Local group collecting items for summer camp scholarships

cean Pines Get Involved and Worcester County GOLD are teaming up to help collect supplies for local at-risk children attending summer camps on scholarship.

Worcester County GOLD is a 501(c)(3) nonprofit providing emergency financial assistance and basic needs items for Worcester County residents living with low income.

This year, the nonprofit will supply scholarships for around 100 children to attend summer camps.

They are asking for donations of cinch bags or backpacks, beach towels, sunscree, insect repellent, socks (sizes 1Y – 7Y),and flip-flops or sandals (sizes 1Y – 7Y. Items may be dropped off in a donation box in the Ocean Pines Administration Building lobby on 235 Ocean Parkway.

For more information on the donation drive, contact organizer Esther Diller at esmatt4@aol.com.

Summer camp scholarships are available to Worcester County residents living on a low income.

For more information, email contact@worcestergold.org.

LIFESTYLES

May 2023 OceanP ines PROGRESS 45

Bay Day returns to Ocean Pines May 7

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Event to feature environmental exhibitors and demonstrations, live music, food, and family activities

he fourth annual Bay Day event returns to White Horse Park in Ocean Pines on Sunday, May 7, from 10 a.m. to 2 p.m.

Bay Day is a collaborative conservation effort of the Maryland Coastal Bays Program and Ocean Pines Association and is aimed to help improve the health of the waterways that shoulder the residential shores of Ocean Pines.

This free, family-friendly event caters to all age groups through handson activities, free boat tours, live music, food trucks, live animal exhibits, and more.

“We are excited to bring Bay Day back this year for the fourth time,” MCBP Education Coordinator Liz Wist said. “Bay Day is a great way for community members to learn more about how they can make changes that, over time, have a strong positive impact on our Coastal Bays.

“People should feel welcome to come and stay all day,” she continued.

“They can learn from environmental organizations, take a boat tour of the St. Martin, eat lunch, listen to music, pick up a native plant, and participate in various hands-on activities.”

The event this year will feature more than 30 conservation partners, including Go Green OC, Ocean City Surf Club, Chincoteague Bay Field Station, Assateague Coastal Trust, Protectors of the St. Martin River, and many more.

The first 400 attendees will receive a canvas bag, hand-painted by students from Worcester County Public Schools.

The recycling station will be back this year. Community members can bring their plastic grocery bags, alkaline batteries, old phones and more to drop off for recycling. Go Green OC will also collect compost.

Ocean Pines to host third annual Bike Ride May 13

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he Ocean Pines Recreation and Parks Department, in partnership with the Worcester County Bike and Pedestrian Coalition, will host a free community bike ride on Saturday, May 13 starting at 3 p.m.

The 14-mile route will start and finish at the Ocean Pines Golf Club parking lot on 100 Clubhouse Drive.

The Clubhouse Bar & Grill will offer a free drink for participants, after the ride. The event will also feature live entertainment and free giveaways.

“We had tremendous success with this event during the last two years, with dozens of riders participating,” Ocean Pines Recreation and Parks Director Debbie Donahue said. “We’re excited to be to continue this event and to share the benefits of bicycling with another group of people.”

Patti Stevens, co-chairperson of the Worcester County Bike and Pedestrian Coalition, said the route would run mostly along the south side of Ocean Pines and include the Offshore Lane Pond, Southgate Pond, Robin Hood Park, The Stansell House, The Point, The Parke, Manklin Meadows Park, Boston Drive kayak launch, and Pintail Park.

“The average rider travels 10 mph, so most riders should complete the route in about one hour and 16 minutes. Slower riders may come in at 90 minutes, and there may be some e-bikes that finish in 45 minutes,” Stevens said.

Stevens said community volunteers would be stationed at some of the locations to help direct riders, and additional volunteer route monitors would ride alongside cyclists at the front, middle, and rear of the group. Ocean Pines Police and the Ocean Pines Volunteer Fire Department will also assist with the event.

Participants must be experienced riders ages 12 and up. Helmets are required.

Advance registration can be made by contacting the Recreation and Parks Department at 410-641-7052 or rec@oceanpines.org.

The event is a part of National Bike Month, which is promoted by the League of American Bicyclists to showcase the many benefits of bicycling and encourage more people to give biking a try.

Volunteers and riders are invited to participate in other area National Bike Month events, including the Maryland Coast Bike Festival on May 6, and the Berlin Community Bike Ride on May 18.

For more information about these events or to volunteer, contact wcbikepedsafety@gmail.com or visit www.facebook.com/WoCoBikePed. Additionally, with increased biking and walking activity as the weather warms up, motorists are asked to be especially vigilant.

“The Worcester County Bike and Pedestrian Coalition reminds drivers to watch for bikes and walkers this spring, and encourages everyone to share the road safely,” Stevens said.

Fishing flea market

The Ocean Pines Anglers Club hosted its first Fishing Flea Market on Saturday, April 22, at the South pond in Ocean Pines. Shown in photo t are vendor Larry Hughes, left, and event Chair Gerry Leuters. Proceeds from the event will help provide funds for the club’s youth programs.

46 Ocean Pines PROGRESS May 2023

OPINION

COMMENTARY Hiring Bruce Bright an exercise in excellence

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And will likely save significantly on legal fees as well

t was hardly a surprise when a majority of the Board of Directors voted to hire Ocean City lawyer Bruce Bright and the respected law firm of Ayres, Jenkins, Gordy and Almand to handle Ocean Pines Association legal affairs. That action was by a majority vote of four directors and two abstentions by Frank Daly and Steve Jacobs, and a predictable no vote by Colette Horn, at the Board’s April 15 monthly meeting.

The action becomes final on the execution of a contract governing the relationship. That will happen shortly. Bright will be introduced to the membership at the Board of Directors meeting in May. It is unlikely that he will attend every Board meeting, according to a reliable Board source, only at meetings where thorny legal issues are likely to manifest.

Directors Doug Parks, Rick Farr, Monica Rakowski and Stuart Lakernick are to be commended for their pursuit of excellence on behalf of OPA members. Their forward-looking action is likely to produce high quality legal services for the OPA at significantly less cost, despite the almost comical gas-lighting on that subject by the lone dissenter, Director Horn, whose days on the Board thankfully are numbered.

Rick Menard

The guys that charge $1,000 hour get results ... When we go to court, we should not go to tie. We should go to court for one purpose and one purpose only. That is to win. We pay almost three-quarters of a million dollars for insurance, and we shouldn’t have dog food defending us.”

Frank Daly

“I have concern that we’re trading down and not trading up in changing our general counsel. I have concerns about approving this contract at this time ... My opinion is that we would save money by staying with the current firm because of all that they bring.”

Colette Horn

Her continued presence on the Board given her history with Bright in court is somewhat awkward, though no doubt he can handle it professionally. Watch carefully whether there will be a handshake at the May meeting; Horn is notoriously handshake-phobic, as Lakernick will attest.

How about a “good faith” hug to demonstrate that all is forgiven?

Daly had the presence of mind recently to announced his resignation from the Board pending settlement on a new home in Florida.

One of the abstainers in the vote to hire Ayres, Jenkins, Daly showed some class during the Board discussion by calling Bright a brilliant litigator, an observation no doubt gleaned from Daly’s experience on the losing end of litigation handled by Bright for several OPA members in recent years.

There’s no need here to rehash the Farr, Janasek and Trendic cases; suffice it to say that legal positions staked out by Horn and Daly encountered significant push-back in court courtesy of Bright’s mastery of OPA governing documents.

Daly in his comments seemed to suggest that legal representation by the OPA’s insurance company in these cases was lacking in quality, comparing it to dog food. Cringe-worthy, that. Yes, Bruce Bright performed extremely well in these case, but it’s also true that the insurance company had a poor case and set of facts of defend.

Had Bright been legal counsel advising the Board before these case were filed on behalf of his clients, he would have advised actions to obviate the necessity of filing them. Said differently, with Bright as OPA counsel, these litigants never would have been aggrieved by Board actions that were subsequently found to violate OPA governing documents.

This is not to suggest that Bright’s predecessor as general counsel, Jeremy Tucker, is a poor lawyer. Not at all, and Parks as OPA president was careful to commend Tucker’s work for the OPA. His firm indeed did do good work for the OPA in the five years or so that he served as counsel, especially in the area of collections. One of Tucker’s challenges in his years with the OPA

OPINION was bad clients -- directors who thought they understood language in the governing documents better than Tucker did and who were willing to resist his legal advice.

Daly, in fact, did so publicly on one occasion, with Tucker telling Daly he shouldn’t vote on a particular motion because it would be used against the OPA in court. Tucker’s advice was both on-target and prescient. Bright used the incident in court to good effect as a demonstration of bad faith by the then Board majority.

In the case of Janasek vs. OPA, Daly once said that Tucker’s advice was more multiple choice, assigning risk to various actions of the Board including banning former Director Tom Janasek from access to certain OPA amenities, despite unambiguous language in the governing documents precluding suspension for the reasons cited.

Other directors have said that Tucker’s advice leaned heavily in favor of not suspending Janasek, which of course the then Board majority, Daly and Horn included, ignored, resulting in litigation that the OPA lost badly. The judge in that case explicitly said that the OPA had demonstrated “bad faith” in the way it handled that situation.

Bright said as much in his legal filings in the case.

Rick Farr, a director who is now serving on the Board with the help of successful legal representation by Bright, says in his view Bright will not be offering the Board multiple choice in his legal opinions. Rather, according to Farr, legal advice will be definitive, not of the sort that will allow the Board to proceed with a dubious legal strategy protected by somewhat ambiguous advice.

“No more door number one, two or three,” Farr told the Progress.

Bright in other words is likely to keep the Board out of trouble by offering unvarnished legal advice based on the exact wording contained in governing documents. This in turn will save on legal expense. If you’re not sued to begin with, you don’t have to eat $25,000 in deductible expense before the insurance kicks in.

Of course, OPA members can help with that by not electing directors inclined to treat OPA coffers like a piggy bank for quixotic legal adventures. If only we knew in advance of annual Board elections which candidates were so disposed.

Farr indicates that should litigation nonetheless occur, Bright has agreed to handle the litigation himself at whatever hourly rate the insurance company will cover. This is a significant offer. Ostensibly, Daly’s abstention on the vote to hire Bright and his firm was a question about whether the insurance company would allow Bright to handle litigation in lieu of an attorney hired by the carrier.

With Bright’s offer, that concern is largely attenuated. Details can and will be worked if and when it becomes necessary.

As even Horn acknowledged, Bright and his firm charge less than Tucker’s Bethesda-based Lerch, Early, which reportedly was $500 per hour.

Bright charges less than $400 per hour, so the difference is significant.

Bright is likely to keep the Board out of trouble by offering unvarnished legal advice based on the exact wording contained in governing documents. This in turn will save on legal expense. If you’re not sued to begin with, you don’t have to eat $25,000 in deductible expense before the insurance kicks in.

Assuming that services that Bright and his firm will provide will be the same as those provided

by Tucker, a lower hourly rate by necessity must result in a savings to the OPA. Horn’s suggestion to the contrary can hardly be taken seriously.

Spewing out incorrect interpretation of fact is the very definition of gas-lighting.

In her lengthy but unconvincing pitch in support of retaining Tucker and Lerch, Early, Horn dismissed Bright and his firm because their client list is mostly small homeowner associations and municipalities, as if the Town of Ocean City is in the minor leagues. The distinction she attempts to make between the OPA and other homeowner associations and municipal Ocean City is a real stretch.

Bright’s real-time experience reading, comprehending and applying the OPA’s governing documents in court expose Horn’s argument as trifling. His expertise has been demonstrated time after time, even if Horn can’t seem to bring herself to accept it. Since her own positions and behavior have been at issue in cases in which Bright prevailed, it can be argued that she is suffering from a severe case of denial.

She asserted that Lerch, Early has at the ready templates and background research as a result of their deep work in the HOA field. That, she said, saves the OPA money because the firm doesn’t have to do the research specifically for the association.

No doubt Bright and his firm have access to the same types of research given their experience in the field.

Better yet, they already have the knowledge embedded in their collective cerebral cortex.

She cited Lerch, Early’s diversity training, which she said is a benefit that reflects a wide range of perspectives and approaches. She seems to have a problem with the fact that many of Ayres, Jenkins lawyers graduated from the same law school.

Spoken like a committed woke ideologue.

More important by far is demonstrated expertise in HOA law. Bright has that in spades.

She expressed concern about the time it will take Bright “to come up to speed at our expense,” particularly in areas where Tucker has excelled, like in collections and on human resources issues that are in process or not yet resolved.

Notwithstanding Lerch, Early’s success in these areas, Horn’s pearl-clutching here is embarrassing.Yes, there will have to be a transition, in much the same way that there was a transition five or so years ago when former OPA General Counsel Joe Moore and his firm handed off OPA legal affairs to Tucker and Lerch Early.

May 2023 Ocean Pines PROGRESS 47 Professionals handle transitions. OPA General Manager John Viola and the relevant staff will ensure that it’s as smooth as possible. Once Bright and his firm are up to speed, their experience in this field, too, will take hold.

Even more nonsensical was Horn’s concern that Bright, as Ayres, Jenkins’ top litigator, would have a schedule largely dictated by the court system based on when he has cases for litigation.

She said that would divide his focus between competing priorities of litigation and the OPA. Competent lawyers know how to multi-task, and Horn has no basis even to have an opinion on how Bright juggles his schedule. Bright has associates with whom he shares his work load.

Bright’s experience as a successful litigator will be most useful should that skill be needed in the future.

Finally, she pointed out that there may be the potential for conflicts of interest as Bright and his firm represent other local clients like the Town of Ocean City and two sitting members of the OPA Board, without naming them. She really should have checked with her colleagues before raising that issue in public. A past relationship with an attorney in the case of Rick Farr in particular does not suggest or imply that one currently exists. What other director in addition to Farr did she have in mind?

More generalized conflict of interest concerns because of Bright’s legal work for the Town of Ocean City are overblown. It’s been many decades since there was any conflict, and that had to do with the OPA’s blinkered reluctance to pay city property taxes on the Ocean Pines Beach Club. Some have suggested that there is potential conflict over Route 90 dualization, but that seems fanciful. More likely is that there will be a compatibility of interest between Ocean Pines and Ocean City on dualization, should it occur in the lifetimes of anyone currently residing on planet Earth. -- Tom Stauss

The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. 127 Nottingham Lane Ocean Pines, Md 21811 PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com 443-359-7527 ADVERTISING SALES Frank Bottone frankbottone@gmail.com 410-430-3660 CONTRIBUTING WRITER Rota Knott 443-880-3953

48 Ocean Pines PROGRESS May 2023

MOC contract extension well-deserved 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

panies. for the Board of Directors this sumIndeed, OPA Vice-President Rick mer.

Farr recently suggested that should As a former appointed director, he become OPA president next year she wouldn’t require a lot of on-theon the retirement of Doug Parks job training, which isn’t to say that from the Board, he would urge his her previous experience honed her colleagues to extend the MOC con- judgment and would make it more tract yet again to protect that lucra- likely she would work harmoniously tive future wedding business. with her colleagues.

That’s an excellent suggestion reShe went on Joe Reynolds’ Ocean gardless of who’s president, not to Pines Forum site recently to argue say that Farr wouldn’t be a superb that the Progress is not a newspachoice after this summer’ Board per, to which no one except Reynolds election. offered a rebuttal since it was so ...

In the decision to reup the MOC nonsensical? Choose your adjective. contract, the OPA collectively has No one else joined the thread. disregarded the discordant voices As someone with vast experience that even today continue to insist in the media conglomerate known that MOC is somehow involved or as the ROC, or Residents Oversight implicated in the tragic death of Community (formerly committee), Ocean Pines teenager Gavin Knupp she certainly by now should know last July. what a newspaper is. One can disTwo, perhaps three, protesters showed up outside the April Board meeting at the Golf Clubhouse, in support of justice for Gavin, a worthy goal to be sure but having exactly nothing to do with extending the MOC contract.

Robust support of MOC-managed food and beverage venues in Ocean Pines suggests that the vitriol and injustice directed at MOC on various social media sites have not had the intended effect, which apparently was designed to sever the close working relationship between the OPA and MOC. At least one former OPA Director, Amy Peck, continues to fan the flames of dissension, going so far on BERLIN OPTICAL one of her favorite social media sites 16-B South Main St., Berlin • (1 block south of the Atlantic Hotel) to criticize Matt Ortt’s well-thought410-641-2020 out and persuasive interview pubMon., Tues., Thurs. & Fri. 9 a.m. - 4:30 p.m. lished on the front page of the April Progress, defending himself and his company from unfair calumny.

She seemed to think the coverage -- questions and answers to and by Ortt -- was too friendly.

She even posted a copy of the front page, in case some of her readers had missed the coverage. We ol in o chnot *Sdoes o apply to insurances thank her for the free publicity. ok C Expires 5/30/23 o If Peck thinks there is a constituency for her ill-advised positions on Berlin MOC boycotts and unproven Salisbury if not ptical ptical fantastical linkage of MOC with the 410-546-1369 410-641-2020 tragic death of Gavin Knupp, then she should test that theory 20 and %run OFF 20% OFF

agree with opinions and conjecture published therein, in a section designated Opinion, without concluding that the publication in question no longer qualifies as a print publication, ofttimes called a newspaper.

But we digress.

By and large OPA members have not been persuaded by the anti-MOC vitriol spewed by dissidents who confuse speculation with fact.

Amy Peck, Sherrie Clifford, Josette Wheatley et al are not changing minds and winning arguments.

Social media echo chambers are not making a difference in places where it can be measured.

Perhaps, as OPA president Doug Parks suggests in an article in this month’s Progress, the vitriol and hatred aimed at MOC is beginning to wane. We can hope that it does.

Meanwhile, if certain individuals want to continue to boycott the Yacht Club, let them. No one cares.

The place is booming, and most of the live entertainment remains loyal and immune to intimidation.

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eneral Manager John Viola didn’t need a formal vote of the Board of Directors to proceed with extending by two years the Matt Ortt Companies’ contract to mange the Ocean Pines Association’s food and beverage amenities.

He did so on his own authority, announcing his decision during the April 15 Board meeting. There was no debate, not even a peep of dissent from among the sitting directors.

The justification for the extension was unambiguous and utterly defensible: MOC has done an excellent job managing these venues and meeting all of the performance goals set forth in the contract.

Perhaps there is some other management company out there that could have done a similar job, but it was MOC stepped up. Given the decades-long history of deficits at these venues before MOC came along, it would be an unacceptable and unnecessary risk to seek competing proposals to manage these amenities.

True, the OPA periodically does seek competing bids for various professional services in five-year increments, and recently opted to hire a local law firm and its top notch litigator as the OPA’s new legal counsel.

Similar change has occurred over the years for the OPA’s auditors.

In both the legal and auditing arenas, baseline competence is assumed for those who submit proposals.

In the case of food and beverage management, such baseline competence cannot be assumed.

Besides, it will only be five years when the current extended contract expires.

It was by no means a given that MOC would succeed as spectacularly as it has when a contract was initiated about three years ago.

It was MOC that had the foresight and insight to move the entrance into the Yacht Club restaurant from the front of the building to the side and to renovate the space, turning it into a place where OPA members and the general public want to dine.

It was MOC that navigated with inspiration through the dark days of covid.

MOC already has wedding contracts in place two years or more into the future, with deposits that no sane adult should want to jeopardize by changing management com-

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May 2023 Ocean Pines PROGRESS 49

CAPTAIN’S COVE

CURRENTS

Hearn defends management against social media attacks

Rebuts Concerned Citizens’ claims of bloated payroll expense, dues increases

By TOM STAUSS Publisher here’s not much that irritates Captain’s Cove Golf and Yacht Club President Tim Hearn more than perceived attacks on the property management team led by Senior General Manager Colby Phillips. When it happens, he launches into a spirited, no-holds-barred defense.

Phillips very much appreciates the support.

She often comments that what she most likes about her job is that Hearn and the rest of the Cove association Board of Directors has her and her colleagues’ backs.

The latest example of that occurred in late April, when Hearn posted on the Cove property owner association Website a commentary that can be described as a broadside directed against the Concerned Citizens of Captain’s Cove, an organization of Cove residents who are frequent and persistent critics of the Board of Directors.

“The Concerned Citizens for Captain’s Cove (CCCC) leaders and members have again been using social media to disparage the property management team,” Hearn writes. “While we know they need to raise funds to pay their legal fees, it is nonsensical that they slanderously drag [Cove association ]employees into their troubles.”

Hearn said that the weekend of April 21-23 “showed showed numerous posts from Birckhead, Reece, Magrogan, and Kalinock claiming that the employees benefit from a bloated payroll structure and that there is a lack of professional management controls in place. They also claim that dues have gone up every year since 2012, when in fact, the dues stayed flat from 2016-2021.”

The first three individuals cited by Hearn -- Teresa Birckhead, Linda Reece and Barry Magrogran -- are among the plaintiffs in ongoing litigation against the Cove association, Cove developer-declarant CCG Note and Aqua Virginia.

According to Hearn there was a strategic decision during the 2023 budget process to keep nonfood and beverage payroll costs below 35 percent

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of the gross budget, and the year-to-date amounts are holding to that standard.

Food and beverage has a different labor metric, he said, and the gross expense adjusts according to annual sales volume.

Hearn contends that the CCCC leadership wants to exclude voting

by CCG Note in future Board elections “by any Tim Hearn means necessary, just so that they can inflate their supposed importance in the community.

Their posts are nonsensical financially, and they constantly reference the goal of returning to their glory 2008-2012 days of CCGYC when there was no representation on the board from the Declarant.”

This past year, the result of a resignation by an investor in CCG Note from the Board, the developer/declarant no longer constitutes a majority of the Cove association Board.

Should CCG Note decline to cast votes in annual Board elections, an unlikely scenario, it could have an affect on the outcome. CCG Note votes cast in recent years, reflecting the number of lots in its inventory, have been in excess of 1,000 per year, while some candidates who have not received the votes of the developer/declarant have received roughly half that.

As long as that pattern continues, candidates supported by CCCC will have difficulty in gaining seats on the Board, a situation which no doubt is frustrating to the CCCC leadership.

Hearn is not in the least bit sympathetic.

His statement cites the financial condition of the Cove POA during 2008-2012, when he says that founding members of CCCC controlled the Board.

According to Hearn: “In 2007, total assets for CCGYC were $3,009,427, of which $1,817,509 was cash and cash equivalents, as shown in that year’s audit.

“During FY 2008, Bob Warfield’s CCG Group, LLC contributed the re-built golf course to the POA, and by some contrived accounting technique, the $3,321,081 construction cost paid for by the then Declarant was added as an asset to the CCGYC balance sheet.

“At the beginning of FY 2008, when [former developer Bob] Warfield and his partners handed over the leadership of the Board to the founding members of CCCC, the balance sheet miraculously included this amount. It inflated the total accounting of assets to $6,330,508. They could not hide that the cash and cash equivalents amount had been reduced to $1,467,091, a reduction of more than $350,000 in just that one operating year.

“During the next three years, that Board, the majority of whom were CCCC members, not only never directed the investment of any funds from assessments into capital projects in the community, but they also depleted the balance sheet asset values by an additional ($972,909).

“During this period, these CCCC/CCGYC Board of Director members paid themselves more than $250,000 in fees from CCGYC, as confirmed by the 1099 information filed with the IRS. The source of these fees occurred by their diverting money from the Reserve Funds into the Operating Account so that funding was available to pay themselves.

“The Board members entered into the 2012 Settlement Agreement under the premise that they had received a loan commitment in the form of a line of credit for $1 million to pay for new roads.

The annual principal and interest payment for this loan was presented as $50,000 per annum, and the Declarant agreed to reimburse CCGYC for these loan payments.”

According to Hearn, “there was no such loan commitment from a lender; the CCCC members engineered that lie to secure an agreement with the plaintiffs.”

This dispute is one of many issues that comprise the Birckhead litigation that is currently in the discovery phase.

The Cove association president asserts that CCCC members “now allege that the Declarant is in default for not making reimbursement payments to CCGYC for a loan that not only never existed but was fraudulently presented. It was revealed later that lenders had already told them the [property owner association’s] poor financial To Page 51

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CAPTAIN’S COVE CURRENTS

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CAPTAIN’S COVE CURRENTS Hearn responds From Page 49 condition and management structure made such a loan request inapplicable.”

Hearn’s statement says that the Cove association over the past decade has prioritized reinvesting in the community, as evidenced by the following: • The balance sheet from Sept.

30, 2011, showed total assets of $5,357,599. The balance sheet of Sept. 30, 2021, showed total assets of $11,025,216, “or more than double what was in place at the time of the CCCC members’ exit from the board in 2012.”

• In 2012, Net Capital was shown as $4.5 million; as described above, over $3 million was from the [Warfield group’s] golf course improvement donation. In 2022, Net Capital is now more than $7 million, even with close to $1 million of the golf course improvements having been depreciated.

According to Hearn, total assets have a direct correlation to both dues which have been received and the “professional management” of the team.

“The difference in total assets is $5,667,617. This $5.7 million is the additional amount of capital expenditure invested in the community, as well as increases to cash and reserves. These results from 20122021 were accomplished after the former BOD members were no longer permitted to take fees and subsequently resigned. This was also when the current Declarant’s members were voted onto the board.

“This $5.7 million is where the increases in dues have been invested, not in bloated payroll expenses for employees as stated by the CCCC leadership,” Hearn asserts.

The Cove association president praises the property management team’s performance over the past 12 years for playing “a crucial part in Captain’s Cove’s recovery from the financial disaster the CCCC members initiated from 2008-2012.

“CCCC may think there is some level of strategy in their defamatory posts. Still, for anyone who reviews the financial audits or has lived through their prior management debacle, it is clear that the extra effort the employees have made to help save the community since 2012 has also led it to continue to prosper, even in the face of CCCC’s ongoing slander and abuse.” Audit reports Hearn cited are posted on the Cove association’s Website.

May 2023 Ocean Pines PROGRESS 51

52 Ocean Pines PROGRESS May 2023

Marina Club roof repair completed Indoor pool to reopen during May 5-8 window

By TOM STAUSS Publisher he Marina Club roof repair project has been completed, Senior General Manager Colby Phillips announced during the April 21 property management team meeting. The indoor pool will reopen to the membership during a May 5-8 window, according to Director of Operations John Costello during that same meeting.

Costello said that Taylor Roofing, the contractor that handled the project for the Cove association, discovered during removal of much of the original roofing structure above the indoor pool that 90 percent of the affected plywood had rotted out because of poor ventilation.

New layered sheathing has been added to create an air pocket between the ceiling above the pool and the roof, to avoid a similar problem in the future, he said, adding that materials and labor are fully warranteed so that even in the unlikely event of a problem, it will be fully covered.

“Taylor Roofing did a tremendous job for us,”

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he said.

The indoor pool ceiling and deck will be repainted, according to Phillips, and it the takes several days for the pool to refill.

Costello said the pool will reopen during a May 5-8 window.

The Board of Directors recently authorized corporate officers to execute a loan to pay for the project.

Taylor Bank is carrying a $500,000 loan at an interest rate of 6.2 percent with a five-year term.

The Board had authorized an interest rate of up to 6.75 percent.

While initially the plan had been to pay for the roof repair out of cash reserves, the Board switched gears in order not to draw down cash needed for operations.

Accounts receivable collections had not generated new cash as quickly as had been budgeted.

Interest payments will be about $20,000 for the balance of the fiscal year, with total amortization of about $60,000, within the approved capital

CAPTAIN’S COVE CURRENTS budget allocation.

The Marina Club restaurant and the rest of the building with the exception of the indoor pool reopened Feb. 24.

The project began in early February, and the pool closure lasted for up to 90 days as originally forecast.

Gillis Gilkerson of Salisbury was the general contractor firm on the project, assisted by sub-contractors, including Taylor Roofing.

The not-to-exceed cost of the project was $650,000, according to agreed upon contract language.

An original cost estimate of $400,000 was for the roof only, and ancillary costs not included in the original estimate is the reason for the expected higher final cost.

The project included removal of all the HVAC equipment, gas lines and vents from the roof, using a crane, and then putting it all back.

During the estimated 22-day closure of the building, refrigeration trucks were moved on site to protect inventory from spoiling.

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

With the scheduled reopening of the indoor pool in early May, regular classes and activities including pool volleyball, hydro-bikes and water aerobics have resumed, along with swimming lessons.

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CAPTAIN’S COVE CURRENTS

Birckhead plaintiffs file amended complaint against Cove association Aqua Virginia added as defendant, rest of lawsuit differs little from the version filed in early November

By TOM STAUSS Publisher he seven Captain’s Cove residents who filed a law suit last November alleging a variety of violations of the community’s Declaration or restrictive covenants have as expected amended their complaint to include Aqua Virginia, the Cove’s water and sewer utility.

In a hearing on the case in a Feb. 17, a Accomack County Circuit Court judge had said that Aqua Virginia would have to be added as a defendant if the plaintiffs wanted to pursue a claim that Aqua Virginia and Captain’s Cove Golf and Yacht

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Club, the Cove’s property owner association, had violated the Declaration by consummating the purchase of CCGYC land for possible conversion as rapid filtration basins (RIBs) back in 2014.

Also named as a defendant in the case is CCG Note, Captain’s Cove’s developer/declarant.

Aqua Virginia also has been cited by the plaintiffs as the source of water and wastewater treatment services for a planned townhome development at the secondary entrance into Captain’s Cove at the intersection of State Line Road and Captain’s Corridor.

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The plaintiffs are asking the Court to enjoin CCG Note from utilizing Aqua Virginia’s water system to provide fresh water and wastewater treatment services to the Hastings/Mariner townhome project.

The plaintiffs contend that Aqua Virginia lacks the capacity to provide such services to CCG Note, the developers of the townhome project.

Aqua Virginia officials have said that such capacity is available and that they are permitted to extend these services outside of Captain’s Cove.

The amended complaint filed with the Court April 4 for the most part reiterates previous allegations and claims asserted in the lawsuit, which has now entered the discovery phase prior to a likely court hearing on the merits, as yet unscheduled.

In addition to Teresa Birckhead, the plaintiffs include Jim Hayes, William Leslie, Barry Magrogran, Joyce Plattterspiel, Linda Reece and Tom Reidy. They are represented by Douglas Kahle of a Chesapeake, Va., law firm.

The amended suit continues to allege that CCG Note proposes to convey as many as six numbered Captain’s Cove lots [in Section 13, backing up to Fleming Road], to be converted into non-residential use as a proposed ambulance station to be operated by the Greenbackville Fire Department, in support of a CCG Note proffer to the county related to the townhome project.

The plaintiffs contended that residential lots in Captain’s Cove can’t be used for non-residential purposes.

CCGYC President Tim Hearn has said that the fire department is no longer interested in Fleming Road as the site for a future new firehouse/ambulance station. Instead, the company is looking at a developer-owned site on State Line Road near the main entrance into Captain’s Cove.

The plaintiffs are asking the court to find that the Cove associa-

May 2023 Ocean Pines PROGRESS 53 tion has failed to enforce an alleged contractual obligation by CCG Note to pay $50,000 to CCGYC per year pursuant to the 2012 Settlement agreement. They are asking the Court to order that the association pursue and collect the alleged unpaid obligations.

Hearn has said that a key document needed to prove the contractual obligation of CCG Note was never executed by the Board of Directors in office at the time, The plaintiffs are asking the Court to find that the association must levy and collect assessments from Stonewall Capital, and all other builders, on the same “uniform” basis as assessment paying lot owners. Stonewall had a purchase agreement with CCG Note to buy lots in Captain’s Cove for home-building, but did not follow through with buying all the lots that could have been purchased.

Hearn has said that the Cove association has in fact pursued collection of delinquent dues from Stonewall on all the lots it purchased from CCG Note, and that the builder recently paid all of the delinquent assessments.

The plaintiffs are asking the Court to enjoin CCG Note and the association from taking any actions in violation of the Declaration, which seems to refer to possible future actions to improve Seaview Street and to install bulkhead on two of three Starboard Street lots owned by CCG Note.

No action on either street is imminent.

The association’s Board after recent personnel changes is now comprised comprised of a majority of members who are Cove residents not affiliated with CCG Note. The current Board makeup is five Class A members, by virtue of lot ownership, and two Class B members affiliated with CCG Note.

The plaintiffs are asking the Court to enjoin Aqua “from using numbered lots within Captain’s Cove in the operation of its sewer system.”

Hearn has said that all CCG Note investors who served on the Cove Board at the time recused themselves from any decisions related to the transaction.

He said CCGYC benefited from the sale of roughly four acres, receiving $175,000 in the transaction.

He also said that the sale of the RIB lots “limited” future potential uses of the site to RIBs only, a beneTo Page 55

54 Ocean Pines PROGRESS May 2023

CAPTAIN’S COVE CURRENTS

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CAPTAIN’S COVE CURRENTS

New guest procedures to be implemented in owners’ absence

By TOM STAUSS Publisher he Captain’s Cove property management team has come with a solution to a vexing issue from summer’s past: How to handle amenity access for guests of members who aren’t present in Captain’s Cove when their guests are.

General Manager Justin Wilder during the April 21 team meeting disclosed the solution, which is a guest form that can be filled out online on the Cove Website by members on behalf of guests. Guests and members then can confirm receipt of the guest form by checking in with the reception desk at the Marina Club.

“It will be coming out shortly,” Wilder said of the guest form, and it might be accessible to members by the time this edition of the Cove Currents is published in early May. Depending on the particular amenity that guests of a member would like access to, payment can be made at the reception desk or at a particular amenity that is open only to members and guests of members.

The Captain’s Cove golf course is a public amenity, and no guest form is necessary to play a round of golf.

That’s also the case for the Marina Club restaurant, also open to the public.

But for access to Cove pools, a fee is required, as is access to tennis and pickleball courts.

Access to the two outdoor pools in Captain’s Cove may not be available to guests of members if they are filled to capacity on a hot summer’s day.

One of the objectives of the new guest form is to ensure that guests of members pay for access to certain amenities that otherwise are paid for entirely by members.

Senior General Manager Colby Phillips commended Wilder and Administrative Assistant Angela Winder for coming up with the solution to a

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Amended lawsuit

From Page 53 fit to property owners in the area.

He has also said that residential lots in Captain’s Cove can be used for utilities, including a pump station, treatment plant, or any other use associated with a utility.

Finally, the plaintiffs are asking the Court to award them attorneys fees and other costs incurred in enforcing the Declaration.

The defendants similarly have asked the Court to award them attorneys fees.

The Cove Currents has published numerous articles on the ongoing litigation, available on the Cove association’s Website in a documents folder.

problem that’s been around for awhile.

“We’ve been trying for some time to come up with a way to work with members who aren’t on site but who have family members or friends staying in Captain’s Cove,” she said. “Justin and Angela just last week figured it out.”

Also during the April team meeting, Wilder reported that: • The inspection of canal bulkheading took place this past month and notices of needed repairs have been sent to property owners who are responsible for making them.

He acknowledged that in some cases bulkheading may seem from the perspective of the canal to need repairs but already have been repaired “with a replacement behind the original

May 2023 Ocean Pines PROGRESS 55 bulkheading.”

Owners who have made such repairs should notify Wilder of that fact and they will be removed from the list of properties that need repairs, he said.

• Owners of unimproved grass lots that need to be mowed this summer should have received a request form to continue the mowing, which is a service offered by the Cove association free to this subset of members.

• The maintenance staff will complete the inspection of Cove homes shortly to ensure that lattice or shrubbery is in place to hide gas tanks from street visibility.

• Implementation of the new Office365 document management software is complete, offering much improved storage and sharing of files along with better security.

“It’s the gold standard of commercial” document management software, he said.

In a related matter, Director of Operations John Costello said that member amenity access cards are available for pick-up at the Marina Club reception desk.

A photocopy of the card can be saved to a mobile phone and used for access to the amenities if the actual card is not available.

May events on tap in Captain’s Cove

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enior General Manager Colby Phillips and Community Marketing and Events Manager Julia Knopf during the April 21 management team announced a community calendar of events for May, highlighted by a Captain’s Cove Member Summer Party on Sunday, May 28, from 3-6 p.m. at Cove Commons.

The event is free to members in good standing and their guests. Up to five access wristbands per member will be available at the Marina Club reception desk beginning May 14.

Knopf said that 400 tickets were sold last year’s event held at the Marina Club. She is hoping that moving it to Cove Commons will increase attendance over last year’s turn-out.

The event will include a local band providing live music and a designated crafter’s corner featuring up to 30 tables for artisans displaying their creations. She said that 15 crafters had already signed up to participate as of April 21.

As it’s a BYO events, partiers are asked to bring their own food, drinks and lawn chairs.

Coming events in Captain’s Cove include a kids Mother’s Day craft event on Saturday, May 6, from 1:30-3:30 p.m. in the Town Center Community Room, an added outdoor Yoga session on May 6 at 8 a.m. at the Marina Club deck, Flags for Heroes at the Veterans Memorial at the Town Center on May 15, and annual golf cart inspections May 6, May 27 and June 10 from 10-11 a.m. at the Marina Club.

Other May events include the Book Club discussing the Last Nomad on May 9 at 7 p.m. in the Community Center, and boat safety inspections on Saturday, May 27, at the Marina Club boat dock.

Other events were announced in an April 27 e-blast. They include: • A flounder fishing tournament on Saturday and Sunday, May 20 and 21.

• A pickleball clinic on Saturday, May 6th, at 8 a.m.

• Another Stride and Ride Day on May 17 at 6 p.m., with walkers starting on the first tee of the Cove golf course.

• Water aerobics restarting on Monday, May 8, with classes on Mondays, Wednesdays and Fridays from 9-10:10 a.m. at the Marina Club pool. Also Wednesday nights from 5:30-6:30 p.m.

• Hydrocycle classes resuming on Monday, May 8, with classes scheduled for Mondays, Wednesdays and Fridays from 8-8:45 a.m.; Wednesday nights from 4:30-5:15 p.m.; and Saturdays from 8-8:45 a.m. and 9-9:45 a.m.

• Pool volleyball restarting on Monday, May 8, scheduled Mondays, Wednesdays and Fridays from 10:10 a.m. to 12:10 p.m.

•Two “pull string art classes” sponsored by the Arts and Craft League on Thursday, May 18,from 2-3 p.m. and from 3:30-4:30 p.m. at the Marina Club.

• A new Yoga session scheduled for Saturday, May 6, at 8 a.m. on the Marina Club outdoor deck.

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Hearn says drug testing in the Cove isn’t necessary Handbook allows it, but there’s no evidence that any employee has acted in an ‘inebriated way,” says CCGYC president

By TOM STAUSS Publisher ssociation member Linda Reece during the Member Forum segment of the April 21 property management team meeting asked about the Captain’s Cove Golf and Yacht Club’s drug testing policy for employees, with Senior General Manager Colby Phillips handing off a response to association President Tim Hearn.

Hearn said the issue has been evaluated in the past, with CCGYC not ready to implement a testing program.

“It’s still 50-50” about whether to implement one, he added.

Hearn said that employees routinely smoke

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weed and drink beer on their off hours, and testing might very well produce proof of that.

But he said that in his experience there has never been an incident in Captain’s Cove “where an employee has acted in an inebriated way” while on the job, implying that routine drug testing will not be implemented anytime soon.

He posted a more detailed explanation of the association’s drug and alcohol testing policy later on the Cove Website: “CCGYC utilizes Shawe Rosenthal LLP for most of its personnel-related legal matters.

Shawe Rosenthal worked with the property management team leaders to create the current version of the Employee Handbook, which is in use.

CAPTAIN’S COVE CURRENTS Documents such as this are available by submitting a document request to Justin Wilder of the [property manager] team using the form available to members,” he said.

He added that in response to the question at the property management team meeting about drug testing, “I indicated that CCGYC has a very rigid set of standards within this Employee Handbook concerning employee behavior. I also indicated that repeated drug testing of employees without cause was not deemed to provide a safer environment than in a performance-based management approach.”

According to Hearn, the handbook allows the employer to require drug testing for pre-employment, post-employment, and incident-related events.

“This allows CCGYC to receive any benefits associated with insurance underwriting. Unfortunately, recent social media posts have posted inaccurate information about these policies, as they are fairly standard in property management businesses and considered very stringent by those in the food and beverage industry,” he said.

Phillips outlines budget timetable

enior General Manager Colby Phillips outlined the 2023-24 budget timetable for the Captain’s Cove association during the monthly management team meeting April 21 in the Marina Club banquet room.

Key dates are May 19 for completion of the draft budget, with department reviews set for May 22 through June 2.

Community work sessions open to the membership are set for June 6 (security, aquatics, recreation), June 20 (roads and golf maintenance, administration, marketing) and July 11 (golf, food and beverage).

The final draft of the budget will be presented to the Board of Director by Aug. 1, with capital expenditures to be discussed during the August Board meeting.

Utility markings

Ever wonder what the variously colored line markings painted near driveways in Captain’s Cove actually mean?

The question arises as Eastern Shore Trenching, a subcontractor for Eastern Shore Broadband Authority, continues its work laying fiber cable in the Cove.

According to Phillips, a red line is for electric, orange is telephone, green is sewer and blue is water.

The painted lines make it possible to avoid utility line cuts by the trenching company.

Phillips said that ESVBA has moved into phase four of its ongoing effort to provide high speed Internet service throughout the Cove.

Filling potholes

Phillips reported that the management team is waiting on the delivery of two truckloads of asphalt to fill various potholes that developed over the winter.

The materials are due “anytime,” she said, with the maintenance department expecting to fill all the potholes by the end of May.

Easter Egg hunt

Captain’s Cove celebrated the holiday with its annual Easter Egg Hunt Easter weekend at Cove Commons. Cove Program Manager Flynn Kleinfeller dressed up as the Easter Bunny to entertain the kids.

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3323 Dockside Court, Captain’s Cove, Va. 23356 757-824-3465 • Open Wednesday-Thursday 4-9 p.m., Friday 4-11 p.m., Saturday-Sunday 4-9 p.m., Closed Monday & Tuesday • Open to the Public

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