November 2024 Ocean Pines Progress

November 2024

www.issuu.com/oceanpinesprogress

443-359-7527

THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

Three proposals submitted to OPA for new five-year food and beverage contract Viola declines to confirm that MOC, SoDel Concepts and Touch of Italy responded to bid solicitation

BY TOM STAUSS Publisher slow and methodical process of considering proposals for the management of the three Ocean Pines Association food and beverage venues in a new contract that is scheduled to begin May 1 of next year is under way, with General Manager John Viola keeping a tight lid on information related to the vetting process.

Responses to the request for proposals that was issued Sept. 17 were due back on Friday, Oct. 18, and the Progress has learned that there

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were three proposals submitted.

Viola has declined to confirm that number.

The bids were not opened until the following week.

Two informed sources have told the Progress that the management companies that submitted proposals included the Matt Ortt Companies, which is in its seventh year of managing the Yacht Club and the Beach Club for the OPA; the Clubhouse Grille was added a year or so after the initial contract.

After that initial two-year tenure in managing these venues, MOC

was awarded a five-year contract, with some changes in the management fees and bonus incentives in the contract occurring within those five years.

The final year of the current contract ends April 30 of next year.

The informed sources told the Progress that in addition to MOC, SoDel Concepts of Rehoboth Beach and Touch of Italy of Ocean City have submitted proposals. SoDel operates numerous restaurants in coastal Delaware, from Fenwick Island to Lewes, as well as a venue To Page 3

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Police says talks with contractor to build cell tower are under way

Police Chief Tim Robinson confirmed during the Oct. 26 Board of Directors meeting that the Ocean Pines Association is talking with a contractor about building a new cell communications tower in the community.

Robinson responded to queries from two OPA members about the potential for a new tower during the Public Comments segment of the meeting.

~Page 4

Republic makes smaller trash cans available

In late September, 95-gallon blue trash cans) were distributed to residents who get their trash picked up by Republic Services in Ocean Pines.

The size of the new cans became an instant point of concern for many residents.

During an Oct. 18 Town Hall meeting Republic representatives announced that smaller would be made available.

~ Page 6

INSIDE THIS EDITION

Ocean Pines ............... Pages 1-30 OPA Finances ............ Page 32-35 Opinion ............................. Page 37 Lifestyles ..................... Page 38-41 Captain’s Cove ........ Pages 42-63

2 Ocean Pines PROGRESS November 2024

COVER STORY

November 2024 Ocean Pines PROGRESS 3

Food and beverage

From Page 1 dedicated to weddings.

Touch of Italy operates namesake restaurants in Ocean City, on the ground floor of the Holiday Inn at 66th Street, as well as in Rehoboth Beach and Lewes, along with a bakery in Lewes.

Viola declined to confirm the existence of three bidders or their identities.

If it turns out that this information is correct, then it’s safe to say that the OPA will have proposals from organizations that are well credentialed and that have reputations for excellence.

Whatever unfolds in the vetting process in coming weeks, OPA members would seem to have little to fear that, once the process is complete, that OPA food and beverage venues will return to the decades of poor management and deficits that plagued the Yacht Club and the golf club bar and grill.

The Ocean Pines Beach Club, with the exception of one disastrous year under the tenure of controversial acting general manager Brett

Hill, has usually been a positive revenue producer for the OPA, whether operated in-house or outsourced to a management company.

The Progress has been told that Viola fears that release of any information about the process could jeopardize negotiations that might ensue during the vetting process.

If that indeed is Viola’s concern -he’s not saying one way or the other -- then it would suggest that the initial submissions by the bidders may be subject to change in negotiations.

The Progress has been told that the two bidders other than MOC have been given tours of the facilities that they would like to manage.

Staff at the venues have been aware of these visits, and may have known some of the individuals who were given tours.

One source speculated that is how the names of the bidders may have leaked despite Viola’s declared policy of keeping such information tightly controlled.

This same source said SoDel and Touch of Italy’s submission of bids are well known in restaurant circles in Ocean City.

“It’s no secret,” the source said.

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No information has leaked about the content of the three bids.

But that doesn’t prevent speculation among those with more than a passing interest in the process.

Regarding the MOC proposal, one source wonders whether MOC’s proposal is essentially a duplication of the current contract, in which MOC receives a $200,000 annual management fee, five percent of the revenues generated by weddings it books, and additional bonuses for exceeding budget targets.

In the last year, bonus fees earned

by MOC is said to have exceeded $300,000.

MOC’s proposal might be bolstered by wedding contracts already booked and live entertainment already lined up at the Yacht Club, factors that will have to be considered should Viola recommend and the Board approve a management contract for an organization other than MOC. Suffice it to say that vetting process of these three proposals will be complex.

It might also be difficult to equalize the proposals -- so that it will be an apples to apples comparison

of proposal components -- if MOC’s proposal is essentially a recapitulation of the existing arrangement and the other two bidders have taken a different approach.

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

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

Whether any of the bidders went with the hybrid approach may never be known, as the OPA is under no obligation to release the content of the three bids.

Indeed, it would not be surprising if one or more of the bidders submitTo Page 4

COVER STORY

4 Ocean Pines PROGRESS November 2024 Food and beverage

From Page 3 ted proposals with the understanding that details would not be publicly revealed.

All that Viola has said publicly about the process is that it would be handled professionally, and by that he seems to have meant that all proposals would be fairly evaluated.

He and his management team will be evaluating the proposals over the coming days and weeks, with a possible recommendation to the Board of Directors prior to its November meeting.

It’s not clear whether the Board will make its decision in closed session or whether it will vote in open session to approve what Viola and his team propose.

His team includes Director of Finance Steve Phillips, Director of Business Administration Linda Martin, and Marketing and Public Relations Director Josh Davis.

The Progress has been told that the Budget and Finance Advisory Committee will not be part of the vetting process, not because Viola harbors any distrust of the panel but out of a consistent desire to keep the vetting process under tight control.

The RFP said that proposals must include a detailed operational and business plan for managing the facilities, including: • Operational business plan and quantified financials.

• Management approach: Description of how the facilities will be managed, including staff struc-

Chief Robinson says talks with contractor to build cell tower are under way Phone companies would lease space on the structure, and the OPA would be entitled to a percentage of the revenues

By ROTA L KNOTT Contributing Writer olice Chief Tim Robinson confirmed during the Oct. 26 Board of Directors meeting that the Ocean Pines Association is talking with a contractor about building a new cell communications tower in the community.

Robinson responded to queries from two OPA members about the potential for a new tower during the Public Comments segment of the meeting.

“If this moves forward, if we can identify a

place to do this, they will be building the tower at their cost,” he said of the contractor he has contacted. He said the contractor will secure a contract with at least one cellular carrier to locate on the tower. “They’re hoping to get all three major carriers,” he said, including T-Mobile, AT&T and Verizon.

Property owner Mark Goldwater was the first member to ask about the cell tower project, saying he read about it in a local newspaper. He said the OPA made previous attempts to get a cell tower to serve the community as u

ture, training, and quality control.

• Menu and pricing strategy: Proposed menu with pricing, and how it will cater to the community.

• Banquets and events plan: Approach to booking, pricing, and executing events.

• Facility maintenance pplan: A strategy for maintaining the provided equipment and overall facility cleanliness.

• Entertainment schedule, a plan for live entertainment at the Yacht Club, in compliance with RFP stipulations.

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OCEAN PINES Cell tower From Page 5 far back as 1994 to 2004.

Over the years, Goldwater said two sites were discussed, one at the Ocean Pines water and wastewater treatment plant and the other at the Ocean Pines water tower. Both of those locations were rejected by Worcester County officials at that time, he said. He wanted to know what locations the OPA is pursuing now.

He also asked why the association thinks it will have a better chance of getting a cell tower in the community now than it did in the past and wondered if the OPA has been in contact with the county.

General manager John Viola said Robinson recognized the safety concerns of not having good cell phone service within Ocean Pines and is leading the effort to get a tower built in the community.

He said the association has had conversation with county representatives and they are generally supportive of the effort.

He said no specific sites have been selected as options for the project.

Previously, however, it has been disclosed that the top options for a cell tower are on property owned by the OPA. Property owner Karen Kaplan wanted more information about the OPA’s discussions with the cellular companies.

Robinson said he isn’t dealing directly with

November 2024 Ocean Pines PROGRESS 5 the carriers but rather with the contractor he identified as potentially interested in building the tower.

He said that company will be sending a draft proposal to the OPA to review.

If the project comes to fruition and a tower is constructed, the cellular carriers will rent space on the tower from the contractor. The contractor will in turn have a profit-sharing relationship with the OPA for use of the land, Robinson said.

Robinson said he reached out to that specific contractor about potentially building one in Ocean Pines because it has built cell towers on school properties, including Parkside on Beaglin Park Drive, in Wicomico County.

Prior to taking on the job of Ocean Pines police chief, Robinson work police departments in Wicomico County, where similar needs for reliable cell service were evident.

In one instance, a cell tower built on school property, Robinson said the school decorated the tower in such a way that it doesn’t look like it’s a cell tower.

OPA Attorney Bruce Bright said such lease arrangements are also common in Ocean City where towers are erected on condominium buildings and the owner of the tower pays the condo a fee.

Viola said once there is more information on a proposal and the benefits to Ocean Pines it will be presented to the Board for discussion.

“We will not be doing anything without updating the board,” he said, adding as far as building

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a tower, “the proper agencies or companies would be doing it.”

Property owner Regina Sonnenrein urged residents to sign up for warnings and notifications via the Ocean Pines Alert notification system.

She also encouraged the OPA to use the system more frequently to notify residents and property owners of emergencies, weather events, and more.

She said she first signed up for the Ocean Pines Alert nearly a decade ago when she first bought a home in Ocean Pines.

However, since 2015-2016 she has only received a few alerts.

“This is under-used, I believe,” she said.

There seemed to be some interest by OPA officials to figure out a way to make better use of the system.

Property owner Cheryl Jacobs urged members to provide their contact information with the OPA so the association has a valid method of contacting them with items like emergency notifications and voter registration.

On behalf of the Strategic Planning Advisory Committee, on which she is a member, she also urged people to complete a recent survey sent out to members. “Too many people like to complain about things, yet we give you an opportunity to have input via these surveys…” she said, adding that often people don’t take the time to respond.

“It doesn’t work if you don’t complete the survey.”

Jacobs said the survey is anonymous. “Your input will be heard.”

6 Ocean Pines PROGRESS November 2024

Smaller trash cans will be made available

by Republic Services

Company reps met with residents to discuss changes in trash collection,

By CINDY HOFFMAN Contributing Writer n late September, 95-gallon blue trash carts (term used by Republic Services for the new trash cans) were distributed to residents who get their trash picked up by Republic Services in Ocean Pines.

The size of the new cans became an instant point of concern for many residents.

Enough people complained to Ocean Pines and on the various online platforms that an in person meeting was scheduled Oct. 18 at the Golf Clubhouse so Republic representatives could speak directly with concerned residents and discuss solutions.

Board member Jeff Heavner opened the meeting with a statement highlighting the concerns the board and staff have heard from residents.

Those concerns included the large size of the trash cans, which can be very hard to store for those living in townhouses or with small or no garages. Wheeling these enormous cans to the end of the driveway for many older residents were difficult, if not impossible. He noted that there is also a concern that Republic will not pick up trash bags, which some residents prefer to use instead of the cans.

Fifty percent of our residents are

I

part time and the other 50 percent have an average age of 62, Heavner said.

The new cans are part of a new automated system of trash pickup.

“We understand that the 95 gallon carts could be problematic [for some people],” Dominic Filginiti, the manager for Municipal Sales for Republic Services, said. Therefore, the company will provide a smaller model of trash can that can be special ordered until Nov. 8. This smaller can is 22 by 21 inches and 36 inches tall.

The can is ten pounds lighter than the 95-gallon cans.

Republic representatives brought a sample of the new smaller can to the meeting for residents to see.

Residents should contact Republic directly at 443-210-3505 to order a smaller can by Nov. 8 or anytime if they have special needs.

These cans are on special order for Ocean Pines residents and should be available in eight to twelve weeks. Republic will deliver the cans and set up a date to collect unwanted containers.

Republic officials said residents could call the same number, 443210-3505, to inquire about special accommodations for those with mobility or other issues, or for other questions about their trash collection.

The new trash collection system

was put in place to address the labor shortages and safety concerns for Republic employees. The new trash trucks will operate like the recycling trucks, with an arm that will grab the can and dump it in the truck.

“Safety is a huge reason why we did this,” Fulginiti said According to data from the Bureau of Labor Statistics, trash collection, specifically “refuse and recyclable material collection,” is often considered one of the most dangerous jobs, frequently ranking within the top five deadliest occupations, including being listed as the fifth most dangerous job in some sources.

In quoting the statistic, Anthony Spirito, general manager of Republic Services and an Ocean Pines resident, expanded, noting that employees can usually only work for about 10-15 years due to the wear and tear on their bodies.

The Bureau of Labor Statistics cites dangers including traffic, sharp objects, hazardous materials and repetitive lifting that can lead to back strains and other musculoskeletal injuries.

There is always a risk when employees are outside of the truck, Spirito said. One of his employees was hit and killed by a distracted driver.

By automating the system so employees do not have to leave the

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OCEAN PINES Leaf collection days Special leaf collection days are: North side leaf collection days: November 9 and 23 and December 14.

South side leaf collection days: November 16 and December 7 and 21.

Call Republic Services directly at 443-210-3505.for smaller trash cans by Nov. 8.

Other special needs can be made or questions answered at the same number. truck, Spirito said, refuse employees will be safer and work more years in the industry.

The neighborhood will be cleaner, too, since people will not be leaving trash in bags at the end of their driveways, where rodents and other wildlife can tear into them and scatter debris, Fulginiti said.

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

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

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

Republic is providing special leaf pickup days in addition to the current yard waste pickup performed once a week. The company requests that residents put leaves in paper bags and that filled bags weigh less than 35 pounds. Leaves are not to be placed in plastic bags on these days.

Special leaf collection days are: North side leaf collection days: November 9 and 23 and December 14.

South side leaf collection days: November 16 and December 7 and 21.

Call Republic Services directly at 443-210-3505.for smaller trash cans

by Nov. 8. Other special needs can be made or questions answered at the same number.

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November 2024 Ocean Pines PROGRESS 7

8 Ocean Pines PROGRESS November 2024

OCEAN PINES

Aquatics Committee rebuffed again on Sunsets and Cocktails proposal Bruce Bright gives his OK, but OPA management has operational concerns CINDY HOFFMAN Contributing Writer he Aquatics Advisory Committee has sent proposals to the Ocean Pines Board of Directors related to “Sunsets and

T

Cocktails” parties at the Yacht Club after hours and, as an alternative to that, leasing the pool for private parties the committee would organize. Neither proposal has gained traction.

Less controversial is a proposal for evening classes at the Mumford’s Landing pool.

For the past two years, the Aquatics Advisory Committee has requested a “Sunset and Cocktails” event at

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the Yacht Club pool after regular pool hours.

Bruce Bright, the legal counsel for OPA, had rejected the request twice due to his concern that it could be considered an adults only event and leave OPA open to possible lawsuits.

The most recent proposal would allow anyone to attend. He met with the committee after rejecting the proposal for a second time and was given further information on the details of the proposal and its similarity to Family Fun night.

Bright followed up with Ocean Pines Association management.

OPA President Stuart Lakernick said Bright concluded that the new proposal “should not run afoul of familial status discrimination prohibitions under the FHA.” Therefore, he said it was up to Ocean Pines Association operations to determine whether to move forward with the event.

The veto has been sustained by OPA management, according to Lakernick.

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

In addition, the OPA staff believes the cost of the event would be a minimum of $500, which is considered cost prohibitive.

Gary Miller, Aquatics committee chair, responded to the decision that he was hoping the event could be hosted once to see how much money it could bring in. “I don’t see how this is not feasible money wise.”

The committee also asked if it could rent the Yacht Club pool to host a private party.

“As for renting out the pool for this thing as a private function, it appears management is opposed to that. There are different insurance and liability questions and problems that arise from that. It otherwise presents some of the same operational demands that management understandably wants to avoid, such as staffing, and mobilizing food and drink,” Lakernick said.

The committee also is urging reinstatement of a water aerobics class offered at the Mumford’s Landing pool.

To Page 10

November 2024 Ocean Pines PROGRESS 9

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Sunsets and Cocktails

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From Page 8 “In the past, before covid, there was a very popular water aerobics class offered ... after the pool closed, around 6 p.m.,” Miller said.

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

A fee was charged for the class, just like the many classes offered at the Sports Core Pool, to cover the cost of the instructor and lifeguard.

The class attracted “walk-ins” and non-pool members, which generated additional income for the department, according to Miller.

This class, as were all the other classes, was discontinued during the COVID pandemic, and then due to the nationwide reduction in available lifeguards. Now that COVID is not the problem it was early on and the lifeguard shortage seems to have subsided, the committee would like to see the outdoor class resume, as has occurred with all of the other aquatics classes.

The Aquatics Advisory Committee feels that bringing back this class would encourage new pool memberships, and increase the aquatics revenue stream, Miller said. The proposal was submitted in October so the Board has not had time to react to it yet.

November 2024 OceanPines PROGRESS 11

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12 Ocean Pines PROGRESS November 2024

Committee looking for alternative to culling geese population Egg addling may be the solution if the OPA can find a company that can do it

By CINDY HOFFMAN Contributing Writer embers of the Environment and Natural Assets Committee are exploring ways to address habitat for local turtles and management of the goose population.

The committee submitted a charging document to the Board of Directors for a “turtle sanctuary” at the ponds.

If the Board agrees, logs can be placed in the ponds for turtles to sun themselves.

Jeff Heavner, the Board liaison to the committee, reported that general Manager John Viola has sent the request to the Public Works Department to make this happen at its convenience.

That suggests that the Board of Directors considers it more of an

M

operational matter that can be delegated to management without involvement by the Board.

The committee also has been exploring recommendations for companies that can do egg addling at the ponds to address the expanding Canada geese population.

Egg addling involves shaking, puncturing or oiling the eggs to prevent the embryo from developing.

Eggs are then placed back in the nest and the female goose will continue to sit on the eggs until the nesting season is over.

Destroying the nest or removing the eggs usually leads to the goose renesting nearby, so nothing is really gained by that approach.

Any interference with geese nests or eggs requires a permit through the U.S. Fish and Wildlife Service as Canada geese are protected under

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the Migratory Bird Treaty Act. Committee member Patricia Garcia, chair of the committee, conducted research to identify an organization to recommend to the Board for possible egg addling, but has not found any locally.

Committee member Anne O’Connell got involved in the committee because of the culling that happened a number of years ago to address the goose problem.

“I love seeing the little goslings and the mom and dad on the front and back end. But the reality of life is that if we don’t do anything, I expect there to be a culling again, which was horrendous in every sense of the word, she said.

She believes the addling is better than culling the population.

Addling is easy; it’s getting the adult geese away from the nests

OCEAN PINES that is hard, Committee member Patricia Benner said.

The committee has also recommended additional shoreline vegetation that could dissuade the geese from nesting around the pond.

General Manager John Viola is in talks with the Maryland Coastal Bay Program about this, the committee was told.

The familiar geese and duck crossing signs in Ocean Pines will soon be removed due to a new county effort to remove “snipe signs” to clean up the state rights-of-way.

When the OPA recently tried removing these signs, there was pushback in the community, and the signs were put back, at least in most of their prior locations.

Whether there will be similar pushback when county crews remove the signs remains to be seen.

County commissioners Chip Bertino and Jim Bunting would be points of contact for those opposed to the signs’ removal.

Anyone interested in contacting the environment committee can send an email to environment@ oceanpines.org.

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14 Ocean Pines PROGRESS November 2024

OCEAN PINES

Ocean Pines dockmaster Ron Fisher dies Popular department head had held position since 2014

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he Ocean Pines Association’s long-time Yacht Club dockmaster, Ron Fisher, has died, according to an Oct. 23 announcement by OPA General Manager John Viola. In a press release issued Oct. 31, OPA staff offered their remembrances of Fisher as a friend and colleague.

“Ron’s broad background and love for his work made him a guiding force within our community. He was a team player, but he was also a mentor and shared his knowledge and kindness with everyone around him, General Manager John Viola said. “He was, without question, one of the many reasons I took this job and has remained an inspiration to us all. Above all, Ron loved his family deeply, and his friendship meant the world to me. His absence leaves a profound void, and he will be missed dearly.”

Director of Business Administration Linda Martin said that “Ron always took the time to stop in everyone’s office, just to say hello when he was visiting the Administration Building. Even if I was busy and he didn’t want to interrupt, I knew he was in the building because I would hear laughter coming from down the hallway as he told one of his great (but corny) jokes.

“Ron was proud of his family, often showing pictures from his phone, most recently of the great grandchild that was born a few months ago.

“I will miss his sense of humor and his caring manner. As Joe Reynolds correctly said: Ron was a true gentleman.”

Public Works Senior Director Eddie Wells offered that ““I would like to say that Ron always greeted you with a smile and a warm response. He was a true gentleman. I admired his life and all the things he had accomplished.

“Ron was a true inspiration to everyone. He proved that you could do whatever you set your mind to do. I enjoyed learning from him and his knowledge in the many occupations he held.

“Ron lit up when showing pictures of his children and grandchildren while explaining their accomplishments. He was so proud of his family. He adored his wife, Shirley, and would bring us baked goods throughout the year, which were always received well by the guys!

“He will be missed by all who knew him. I lost a great peer and friend who will be missed deeply.”

Recreation and Parks Director Debbie Donahue said that “Ron and I were what I would consider friends. I learned a lot from him not only at the Marina, but in life.

“He always had a kind word, and I have so much respect for him. I will truly miss him.”

Administrative Assistant Michelle Lane-Ross said that “when I returned to Ocean Pines, two and a half years ago, I had the privilege of seeing Ron almost every day when he would come into the admin building. I also could count on Ron for a quick response when questions arose about the Marina on info@oceanpines.org.

“I will greatly miss Ron. He was a kindhearted soul.”

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16 Ocean Pines PROGRESS November 2024 Ron Fisher

From Page 14 Public Relations Director Josh Davis said that “one of my first assignments when I came on in 2019 was covering Ron Fisher and his contributions to Ocean Pines. It was an easy story to tell.

“Ron was an incredibly kind and generous man, and he led such an interesting life, from humble beginnings, to serving his country, helping others as a PA, and then running what used to be called PRMC and is now Tidal Health, and taking

OCEAN PINES

on the Ocean Pines Marina as his ‘retirement’ job.

“But beyond his fascinating life story, Ron was just such a nice guy.

He always had a smile, always had a joke, and he always had time to stop and talk. His Ocean Pines family will miss him immensely.”

Before becoming the Ocean Pines Marina manager, Ron Fisher led a storied career that culminated in a decade of service as the executive director of the Peninsula Regional Medical Group in Salisbury, now known as Tidal Health.

According to a biography pre-

pared by the Physician Assistant History Society, Fisher previously held titles such as “sailor, jet mechanic, UPS driver, barber, nurse, community volunteer, columnist [and] 15th President of the American Academy of Physician Assistants.”

Fisher was born in Sunbury, Pa., in 1943 and grew up in nearby Selinsgrove. He married his high school sweetheart, Shirl, in 1961, and served in the U.S. Navy for four years.

Unsure of what to do next, Fisher enrolled in barber school and

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cut hair for two years. His clients included naturalist Euell Gibbons and, once, Monkees lead singer Davy Jones.

Then, Fisher got an offer to go to nursing school through the U.S. Department of Veterans Affairs.

“After nursing school, I was charged with nursing emergency rooms for a year, and then I was offered a position at the Geisinger Health System [in Pennsylvania] in renal dialysis, and I ran their renal dialysis unit for a couple years,” Fisher said in a published September, 2019, profile. “And then they came to me and said, ‘Hey, we’d like to send you to physician’s assistant school.’ I said, ‘Sounds good to me!’

“That was just a normal progression for me,” he said of his varied interests and career paths.

Fisher practiced family medicine for ten years and later went into administration, still with Geisinger, eventually becoming vice president of operations for the western region.

“I was responsible for multiple clinics [and] physicians and staffing and facilities, you name it,” he said.

Fisher also served as the second president of the Pennsylvania Society of Physician Assistants. He is credited with “moving the profession forward through developing relationships with regulatory bodies and professional organizations,” according to the Physician Assistant History Society.

Twenty-three years ago, Fisher, although retired, received a call from Peninsula Regional, asking for help in expanding the hospital’s network of physicians.

“I helped them for 11 years!” he said with a laugh.

Fisher started working for Ocean Pines in 2014. He said he’s “always been a fisherman” and kept a boat in the Marina. He and Shirl had a condo in nearby Ocean City.

“After I retired, I just decided I needed something to do. I came down and put an application in to work on the docks and was offered the dockmaster position. That was the beginning,” he said. “I learned on the job, met with some of the other marinas’ staff and learned a lot about managing marinas from them.”

Fisher said the job was a welcome change.

“Being in health care for all those years, you deal with a lot of disease and death and everything, and I said to my wife, ‘I want to do something that people enjoy buying.’ It was an easy transition for me, and it’s been u

OCEAN PINES

November 2024 Ocean Pines PROGRESS 17

a lot of fun,” he said.

“You meet a lot of people, and just the management aspects of a marina are far different than health care,” Fisher continued. “To me, it’s a lot easier but, at the same time, I enjoy the ability to make a profitable amenity for Ocean Pines – that’s been my goal.”

The Yacht Club marina has been a perpetual cash cow for the OPA. Viola called success at the marinas “The Ron Fisher Effect.”

“Benchmarking [with other marinas] has a lot to do with it,” Fisher said. “I also do gas sales competitively. I’m buying gas, for instance, cheaper than most of the other vendors. That helps.

“Customer service also has a lot to do with it, as well as ease of access to the [Yacht Club] Marina. Having floating docks helps to sell our boat slips, because people don’t have to deal with the tidal surge and everything,” he added.

Fisher also credited “a tremendous staff” with making his job a lot easier.

Fisher said he enjoyed living in the community because it’s a central location for his family.

“My grandkids grew up vacationing here,” he said.

“I love the water and I like to fish – and it’s got ‘em all,” Fisher said.

“There’s nothing I don’t like about Ocean Pines.”

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OceanPinesForum.com Join the thousands of other OPA members who enjoy the lively discission and commentary on OceanPinesForum.com, your source of accurate information about OPA. Discuss Ocean Pines issues with other association members. Some members of the Board of Directors participate on the forum message board, as well as OPA counsel Bruce Bright.

All opinions are welcome. However the forum message board is “G” rated - no vulgarity, no personal attacks.

OceanPinesForum.com is not Facebook. It is a place for serious discussion of issues within the OPA HOA. “The Forum,” as many call it, also contains a vast collection of OPA related images, going back to 2004 when forum moderator Joe Reynolds, a 35-year full-time resident of Ocean Pines, first created the site. Back then it was Dick Brady, a former OPA Board of Directors President and father of current board member Elaine Brady, who posted the first response to a message

by Reynolds.

Today, the message board contains 323,413 posts on 24,558 individual topics - a virtual history of OPA issues for over 20 years.

In 2006, Reynolds and OceanPinesForum.com were honored with the Business of the Year Award by the Ocean Pines Chamber of Commerce and received a special commendation from the Worcester County Commissioners. This was primarily the result of OceanPinesForum.com providing the first online videos of OPA meetings beginning with the Annual Meeting of 2004.

Go to OceanPinesForum.com to join and see the ongoing discussions, and add your own two-cents. Forum members also have the option of receiving occasional emailed commentary by Joe Reynolds on various issues as they arise.

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18 Ocean Pines PROGRESS November 2024

OCEAN PINES

Political parties gear up for the elections Both political parties are sending watchers to the polls in the Nov. 5 election

By CINDY HOFFMAN Contributing Writer he elections are upon us and the local political clubs are taking action. Both the Democratic Club of Ocean Pines and the Republican Women of Worcester County have been hard at work leading up to the elections.

The Women’s Democratic Club in Ocean Pines hosted a poll watcher training at its October meeting.

Ten people attended the training, conducted by Maggie Miller. Miller has been a poll watcher since 2018, making this her fourth year.

This is the first year Miller has trained others to be poll watchers.

She was originally recruited by the party and was the only poll watcher in all of Worcester County.

“It’s important to know what is going on at the polls,” Miller said.

“It’s not as crazy as the Republicans say it is.”

But she has seen some improprieties. For instance, one time, she spotted a woman trying to vote using her mother’s name.

T

A poll worker is not responsible, nor permitted to do anything to address an issue. If they see something of concern, they flag it for the chief judge of that polling site to address.

“There is probably going to be trouble out there, but probably not in Worcester County,” Miller said.

There are strict rules for poll watchers. A poll watcher is usually assigned to sit behind the registration table. They monitor the process, ensuring that voters are being looked up in the system, given the proper ballot and allowed to use a provisional ballot if they are in the wrong location. Poll watchers also observe to see that the ballot scanners and all other equipment is working and at the end of the day, that all people in line when the polls are closing are allowed to vote.

Poll watchers cannot approach a voter inside the polling area and may not have a conversation with any voter while inside the polls. A poll watcher also monitors to ensure that no voter intimidation is occurring both inside and outside of the

polling location.

Any concerns or challenges must be raised with the chief judge before voters cast their ballots.

“There are critical issues for rights on the ballot this year. I fought for them in the 70’s , it’s a shame we have to do it again,” Joan Roache said. She participated in the poll watcher training.

“Voting is important and it’s important that people feel safe when they vote. This is the most important election I have ever voted in,” Kathy Emmert, another training participant.

The Democratic Club is also staffing information tables during early voting at the polls.

Many of the members of the Republican Women’s Club have been volunteering at the Central Committee headquarters in the shopping center on Rt. 50 in West Ocean City.

“We are continuing that and now are volunteering to be at the [Ocean City] Convention Center during early voting. We are there from 9-6 every day,” Jean Delcher, the president of the Republican Women of Worcester County, said.

“On election day, we will have volunteers at most of the polling places in Worcester County including the Ocean Pines Library and the Ocean Pines Community Center,” she added.

They will be educating voters there before they enter the polling sites.

“Talking with our network of friends throughout the county, we urge everyone to get out and vote, regardless of party affiliation,” Delcher said.

Republicans have also been active on the Question 1 ballot initiative which would amend the Declaration of Rights in the Maryland Constitution.

Question 1 states: Constitutional Amendment Declaration of Rights - Right to Reproductive Freedom.

The proposed amendment confirms an individual’s fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end the individual’s pregnancy, and provides the State may not, directly or indirectly, deny, burden, or abridge the right unless justified by a compelling State interest achieved by the least restrictive means.

Voters can vote for or against the constitutional amendment.

The Republican Women’s Club is opposed to this being a part of our Maryland constitution and organizing around this issue, Delcher said.

“We have been making voters aware that it is not about abortion, Maryland already has very liberal policies concerning abortion. It is about parental rights.”

The Women’s Democratic Club is supporting the amendment.

Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman’s life or health is endangered or there is a fetal anomaly.

The law was approved by voters in a referendum campaign in 1992 by a vote of 62 percent to 38 percent.

As it’s a presidential election year, voters will have an opportunity to cast ballots for either Donald To Page 20

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November 2024 Ocean Pines PROGRESS 19

Press Release

November 1, 2024

FOR IMMEDIATE RELEASE

Ocean Pines entrepreneur launching newspaper ROC Edition to debut in November

Sneak peek of the first issue of ROC Edition newspaper.

COVERAGE AREAS INCLUDE BERLIN Charming Small Town Living OCEAN PINES A Vibrant Coastal Community WEST OCEAN CITY Coastal Living on the Eastern Shore

To arrange interviews or for further information please contact: SHERRIE CLIFFORD Publisher 856-873-6029 SUSAN CANFORA News Editor 410-208-8721

OCEAN PINES – With the goal of assuring every reader in Ocean Pines and the surrounding areas receives the latest, most factual news, local resident Sherrie Clifford is launching a newspaper. The first issue is expected to be published online at www.ROCedition.com on Friday, Nov. 15.

Look for future issues on the first and 15th of each month, beginning on Dec. 1.

The print edition will be published in coming months.

ROC Edition will contain articles about Ocean Pines, West Ocean City and Berlin. Readers will find news, feature SHERRIE CLIFFORD articles, editorials, columns, information about local events and sports. Letters to the editor will be accepted.

Clifford also has a podcast ROC BUZZ, bringing listeners informative and entertaining interviews with locals who keep the community running. She operates the Ocean Pines ROC Facebook group, where more than 3,500 members find updates and answers to questions.

“Ocean Pines is a community of inquisitive and engaged residents who seek and deserve transparency from Board members they elect in good faith, including insights into decisions being made and how association funds are used. That is the mission of ROC News, to inform readers, while also educating them and keeping them entertained with feature articles about the most fascinating residents in the mosaic that is Ocean Pines, West Ocean City and Berlin,” Clifford said.

“This is an independent newspaper and is not affiliated in any way with the Ocean Pines Association or its board of directors. We at ROC Edition are excited to unveil this fresh publication and invite you to join our community of readers,” Clifford said.

Clifford has extensive experience in contract negotiations, project management, software development, and database management. As a successful entrepreneur and business owner, she provided the most accurate trade data to the options industry on Wall Street. Throughout her career, she has excelled at building and leading teams, advancing technological capabilities, and fosters informed decision-making. Clifford is also known for her ability to collaborate effectively with individuals at all levels of an organization, ensuring seamless communication and productive outcomes.

Ocean Pines ROC Inc., 11202 Racetrack Road, Ocean Pines, Md. 21811 www.OceanPinesROC.com

20 Ocean Pines PROGRESS November 2024

Four swans a swimmin’, five coyotes a preyin’ on Ocean Pines golf course

By CINDY HOFFMAN Contributing Writer t first glance, one might assume that a few coyotes and swans have taken up residence on the Ocean Pines golf course. Diners at the Clubhouse Grille recently had a birds eye view of two coyotes next to the bridge over the pond.

But have no fear, the coyotes and swans are plastic and the latest tools being used to scare away geese on the course.

“We put them in a couple of months ago,” Ocean Pines Golf Director Bob Beckelman, said.

“The trick to geese is a long game.

Keep them uncomfortable for as long as possible and eventually they will stop coming back to nest,” Beckelman said.

There is no way to stop them from short stops when they are migrating if there is fresh water, such as a pond.

“The coyotes work well, but you have to move them frequently,” he said.

Swans are territorial and can therefore deter geese as well.

A As part of a plan to scare away geese from the Ocean Pines golf course, plastic coyotes and swans have been placed at various locations on the course.

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OCEAN PINES “Geese will not nest where there are swans. Geese will go where swans are, just not to nest,” he added.

Besides coyotes, and swans, geese are chased off with golf carts, dogs, and staff, Beckelman said.

According to Maryland DNR, “resident or non-migratory Canada geese originated from the release of decoy flocks in the 1930s and government and private stocking programs. Canada grease generally return to where they were born and use the same nesting and feeding sites year after year, making it difficult to eliminate once they become settled in an area.”

Since they have no real predators on a golf course, they can live long healthy lives, from 15-25 years.

A female goose can produce more than 50 young in her lifetime.

The Migratory Bird Treaty Act protects Canada geese, their nests and eggs.

Capturing and killing Canada geese outside of the legal hunting season is a violation of federal law.

Goose repellant, landscape modifications and harassment measures are allowed without a permit.

Controlling geese is just one of the projects ongoing at the Ocean Pines golf course.

The irrigation replacement project is also under way.

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Poll watchers From Page 18 Trump, the Republican candidate, or Kamala Harris, the Democratic candidate, or a number of third party candidates.

There’s also a contest for U.S. Senator to replace the retiring Ben Cardin.

Former Governor Larry Hogan,

a Republican, is facing off against the Democratic candidate, Angela Alsobrooks, the county executive of Prince George’s County.

Incumbent Andrew Harris, a republican, Blane Miller III, a democrat, and Joshua O’Brien, a libertarian, are running in the general election for U.S. House of Representative, in Congressional District One.

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OCEAN PINES

Former OPA President Doris Lloyd dies

D

oris L. Lloyd, a former president of the Ocean Pines Association and more recently a resident of South Jordan, Utah, passed away Saturday, Oct. 12, at Sagewood at Daybreak, South Jordan, Utah.

After her husband David’s passing in 2016, she moved to be near her son in Saratoga Springs, Utah.

Born in Newark, N.J., she was the only daughter of Louise and Rudolph Metzger. Mrs. Lloyd resided in E. Brunswick, N.Y., and New Fairfield, Ct., before moving to Ocean Pines in 1988.

She was preceded in death by her husbands, Chauncey Zeilman in 1989 and David Lloyd in 2016.

A graduate of Drew University with a degree in Chemistry, Biology, and graduate courses at Temple University.

She worked as a Research Scientist at Hoffman La Roche and at the University of Virginia. She taught high school biology and chemistry in New Jersey and retired as a realtor

from Merrill Lynch in CT. She was most proud of her sons and grandchildren, and was pleased to serve on the Ocean Pines Board of Directors and as OPA president in the latter 1990s.

Mrs. Lloyd was active in many community organizations. She chaired the OPA’s Comprehensive Plan Committee, was president of two Federated Woman’s Clubs, commodore of the Ocean Pines Boat Club and member of the Ocean Pines Woman’s Club and the Worcester County Garden Club, Ocean Pines Shape Ups, Marine Activities Advisory Committee, and the Ocean City Power Squadron.

For years with her late husband Dave, as members and officers in the Ocean Pines Boat Club, she organized an annual boat parade, an event that ended with Dave’s passing.

She was a member of the Community Church of Ocean Pines and enjoyed riding the waves in Ocean City, boating, golf and reading.

After moving to Sagewood in

Commissioners oppose offshore wind project

W

orcester County Commissioners voted 6-0 during an Oct. 15 meeting to oppose US Wind’s application to revise and expand its offshore wind project off Maryland’s coast.

With the Maryland Public Service Commission scheduled to to review US Wind’s application, the commissioners agreed to send a letter expressing their opposition to the project.

Commissioner Eric Fiori made a motion to write a letter of opposition, which was given a second by Commissioner Diana Purnell.

All six commissioners present for the vote were in favor of sending Berlin Salisbury pticalthe letter. Commissioner Joe Mitrecic, who representative the Town ptical of Ocean City district, was out of the room for the vote.

800-K S. Salisbury Blvd., 16-B South Main St., Berlin, MD Salisbury, MD (1 block south of Atlantic Hotel) have the opportunity to submit comments in regard to U.S. (Next to the Greek Pita Place Restaurant) “We 410-546-1369 410-641-2020 M & F 9-7 • T-W-TH 9-5:30 • Sat 9-3 Mon., Tues., Thurs. & Fri. 9Wind’s a.m. to 4:30 p.m. application to revise and expand its offshore wind project off our coast,” Weston Young, chief administrative officer, told the % % BERLIN OPTICAL 16-B South Main St., Berlin • (1 block south of the Atlantic Hotel) commissioners.

He said the deadline for comments was Nov. 1.

EVERY FRAME COMPLETE SECOND IN STOCK PAIR OF GLASSES 410-641-2020 According to the PSC, in the initial offshore wind rounds US Wind Mon., Tues., Thurs. & Fri. 9 a.m. - 4:30 p.m. was awarded offshore wind renewable energy credits (ORECs) to We accept many vision insurance plans. Ask us about YOURS. support projects of more than 1,056 MW. In what is known as a Then make your appointment at: Salisbury Optical or Berlin Optical SALISBURY OPTICAL Revised Round 2 proceeding, US Wind seeks authority for an ex800-K S. Salisbury Blvd. • (Next to the Greek Pita Place Restaurantl) pansion to a 1,710 MW build-out of its entire federal lease area.

410-546-1369 The commission says 840 MW is proposed for OREC Round 1 Mon. - Fri. 9 a.m. - 5:30 p.m. • Sat. 9 a.m. - 3 p.m. and 870 MW is proposed for OREC Round 2. This new combined project increases the total proposed capacity of US Wind’s Maryland offshore wind portfolio by more than 600 MW. It also absorbs the capacity left over when Skipjack Offshore Energy, LLC relinquished the ORECs it had been awarded in the first two rounds.

In its review of US Wind’s application, the PSC will evaluate the project’s environmental, health, and economic benefits, as well as the bill impacts to Maryland utility ratepayers. * does not apply to insurances Former Ocean Pines Association Director Marty Clarke has been Expires 11/30/24 encouraging members of the OPA Board of Directors to write a letter in support of the commissioners’ position. As of Nov. 2, no decision on whether to do so has been announced.

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2020, she made many new friends, enjoying the comradery, clubs, and trips that the facility offered.

Survivors include her two sons: Richard Foggio (with wife Peggy, son, Richard and daughter, Devon) and Robert Foggio (with sons, Harry, James, and Malcolm).

In addition, she is survived by stepchildren, Stacey Vincent (and husband Mark) and Craig Lloyd (with wife Mary Baldwin and daughter, Hannah.

A celebration of life was held at Sunset Memorial Park Cemetery, in Berlin on Oct. 26.

Memorial contributions may be made in Doris’s name to the Community Church of Ocean Pines, Racetrack Road, Rt. 589, Berlin, MD 21811.

Visit www.boundsfuneral home to share memories and life stories with the family.

November 2024 Ocean Pines PROGRESS 23

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24 Ocean Pines PROGRESS November 2024

OCEAN PINES

GM REPORT

T

Board approves OPPD command vehicle

he Board of Directors approved the purchase of a new command vehicle for the Ocean Pines Volunteer Fire Department at a cost of $84,307.17 during an Oct. 26 meeting.

General manager John Viola said funding for the purchase will come from a reserve fund into which both the fire department and Ocean Pines Association contribute. “That’s done each year,” he said of the funding.

He pointed out that historically the OPA and OPVFD have contributed at a rate of 50 percent each. However, starting next year, that split will change to 75 percent from the OPA and 25 percent from the OPVFD. Director Jeff Heavner asked about the replacement schedule for fire department vehicles.

OPVFD Fire Chief Joe Widgeon said the department’s goal is for a 7-year replacement schedule for vehicles but that generally stretches to 10 years.

He said the command vehicle to be replaced is from 2014. He said the replacement schedule is based more on idle time for vehicles that miles driven.

Widgeon noted that the budget for the vehicle purchase was $101,000 and it was scheduled for replacement in FY 2026. But, they are getting a good deal at $84,307.17 so they decided to make the purchase now.

No notice for closed session

The Board of Directors voted unanimously to go into a closed session meeting following its Oct. 26 open, regular session. No information was provided regarding the purpose of the closed session, and no advanced notice was provided.

At the start of the open meeting, the Board voted unanimously to amend its agenda. After a question was asked by an audience member regarding the change to the agenda, Stuart Lakernick, Ocean Pines Association president, said the change was to go into closed session after regular meeting.

Pines dockmaster remembered

Ron Fisher, the Ocean Pines Association’s long-time dockmaster was remembered by the Board of Directors during an Oct. 26 meeting. Fisher worked for the OPA for about a decade.

OPA President Stuart Lakernick called for a moment of silence in Fisher’s memory during the meeting. “We lost an incredible member of the Ocean Pines team this past Thursday,” he said.

Announcement of email votes

John Latham, Ocean Pines Association secretary, announced the results of one email vote taken by the Board of Directors outside of its regular monthly meetings.

1,595

Latham said on Oct. 10 the Board unanimously voted to allow a contractor to resolve issues with trees at 145 Sandyhook Road and 26 Moby Dick Drive in Ocean Pines.

Board appoints members to committees

The Board of Directors made several appointments to standing advisory committees during its Oct. 26 monthly meeting.

Albert Johnson was appointed for a first term on the Marine Activities Advisory Committee. Marlene Ott was appointed for a second term on the Communications Advisory Committee.

The Board made a special exception to advisory committee term limits and appointed Anne O’Connell for a one-year extension to her term as a member on the Environmental and Natural Assets Advisory Committee.

CPI violations sent for legal action

Nine properties were found to be in continuing violation of the Ocean Pines Association’s restrictive covenants and guidelines by the Board of Directors during an Oct. 26 meeting.

Properties cited by the Department of Compliance, Permits and Inspections for one alleged violation each were 17 Widows Watch, 10 Windjammer Road, 17 Birdnest Drive, 630 Ocean Parkway, 70 Crest Haven Drive, 9 Quarter Staff Place, and 1233 Carrollton Lane. Properties cited for two violations each are 58 Seafarer Lane and 26 Castle Drive.

Linda Martin, director of business administration, said all property owners had previously received appropriate notification of the outstanding violations, and none of them requested a hearing before the Board.

The Board voted unanimously to find the properties in continuing violation and to suspend the voting and amenity rights of the owners.

The Board also sent each property to Legal Counsel Bruce Bright’s law firm in Ocean City for the next step in the CPI violations process.

While some property property find it easy to ignore letters from the CPI Department, letters from legal warning of potential litigation often are more successful in clearing the alleged violation.

Lakenick praises charity events

Stuart Lakernick, Ocean Pines Association president, kicked off his remarks at an Oct. 26 Board of Directors meeting by sharing the success of a recent charity event, the Salute to Service. He said the event was a partnership of the Get Involved Facebook group, Steel Blu Vodka, and the Matt Ortt Company.

The volunteers packed nearly 1,000 care packages for service members. u

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“Your enthusiasm and dedication to this event made this a heartfelt tribute to those members that serve,” he said.

Lakernick also announced the kickoff of the Get Involved food drive to support those in need in the community, which happened on Oct. 25. Food donation boxes will be located in the OPA administration building and at the Yacht Club. He encouraged members to donate nonperishable food items.

He also asked members to step up and serve as volunteers on the OPA advisory committees. He said there

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Subject to availability and price change. Minimum purchases may apply. The yield is the lesser 06/07/2018 **As As ofof 00/00/00. of yield to maturity or yield to call. Interest is generally exempt from federal taxation and may Subject to availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is generally exempt also be free taxes for forinvestors residing thelocality state locality where from federal taxationof andstate may alsoand be freelocal of state and local taxes investors residing in the stateinand/or whereand/or the bonds were issued. However, bondsbonds may be subject to federal alternative minimum taxbonds (AMT), andmay profits be and losses on tax-exempt bonds mayalternative be subject to capital tax treatment. the were issued.

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Contractors are poised to start work at the Ocean Pines Association’s Racquet Center after they complete construction of the new gazebo at the Worcester County Veterans Memorial at Ocean Pines, Viola said. bonds may be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gain Securities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. Ratings by Moody’s/Standard A credit rating of a security is not a recommendation to buy, sell or hold the security and may be su (c) 2015 Raymond James Financial Services, Inc., member FINRA/SIPC 15-MFI-0113 ICD BS 8/15 Viola said the primary focus of the renovation and & Poor’s. revision, suspension, reduction or withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of prin uis made as to any insurer’s ability to meet its financial commitments. Ratings and insurance do not remove market ris est. No representation not guarantee the market value of the bond.

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26 Ocean Pines PROGRESS November 2024 GM REPORT

Gazebo nears completion

OCEAN PINES

expansion project is to improve the restrooms and create additional square footage. The layout was finalized and approved the by Racquet Center Director in August.

He said the OPA has obtained permits for the project already and architectural sketches are being developed. He anticipated the project will begin this winter and be completed by April 2025.

Fiscal year 2025 project expenditures at the racquet center are $185,000 for building renovations, chairs at $3,312 and signage at $3,074.

Viola also provided an overview of the OPA’s spending on racquet sports, which totals $694,094 over a 5-year period. That includes expenses for courts, parking lot, fences, surveillance, sidewalks, furniture, water coolers, lighting, AED, HVAC, shade structure, ice machine, hose hydrant, platform courts, pickleball courts, and cameras.

General Manager John Viola proudly showed the Board of Directors an array of photographs taken of the construction of a new gazebo-style pavilion at the Worcester County Veterans Memorial at Ocean Pines during the Oct. 26 Board meeting.

“It’s pretty impressive. It’s one that will last for the ages,” Viola said of the structure. He called it a “legacy structure addition” to an iconic Ocean Pines area on the Sports Core. It replaces a much smaller structure that had proven to be inadequate for events hosted by the Veterans Memorial Foundation.

Viola said contractors are on track to have the project completed and open by Veterans Day, when the Veterans Memorial Foundation will conduct a ceremony.

Because of the cinder block used its construction, the cost is higher than initially anticipated, Viola said, responding to a question that he said had u been posed by a director.

Week One - Sept. 23 to Sept. 27

Week Two - Sept. 30-Oct. 4

Week Three - Oct. 7 - Oct. 11

Week Four - Oct. 14 - Oct. 18

From Page 25

Week Five- Oct. 21 - Oct. 28

OCEAN PINES Maintenance projects completed

November 2024 Ocean Pines PROGRESS 27

The Sports Core swimming pool was closed from Oct. 9 to 11 to address maintenance issues and reopened on Oct. 12, Viola said.

At the Yacht Club, the bocce ball court was recarpeted and lights were added, allowing people to play bocce at night.

In White Horse Park, repairs were made to the bocci ball court, including a new border and additional stone dust, and the horseshoe pit, which also received additional stone dust and the wood was power washed. The shuffleboard courts were also power washed and scheduled to be painted.

ed, Seabreeze Road at Ocean Parkway and Ocean Parkway at the Route 90 Bridge.

At the Seabreeze Road and Ocean Parkway location, Martin said staff believes there is not enough foot traffic that crosses this area.

At the Ocean Parkway and Route 90 Bridge site, the crosswalk was requested for bicyclists, Martin said. But per Maryland law, crosswalks are meant for foot traffic only. She said there were also concerns about visibility of the proposed crosswalk location. Staff is recommending installation of signage instead of a crosswalk.

Dashboard Update

Marina hours expanded

The Compliance, Permits, and Inspections office handled 140 new property violations that were initiated in September. Those included 44 for maintenance such as trash and grass cutting, 14 for having no permit for an improvement; 42 signs, and 42 miscellaneous violations such as signs, stop work orders, trailers, unregistered or junk vehicles, and vehicle parking. CPI had property owners comply in 76 cases during the month, but 307 remain open.

The OPA started the month with 115 open work orders. During September, the OPA had 97 new work orders initiated, including 10 for bulkheads, 19 drainage, 14 grounds or landscaping, 13 roads, 1 sign, and 40 general maintenance items. The majority of those still open, 52, are for drainage.

Customer service calls totaled total 87 for the month, with 10 for CPI matters, 17 for amenities, 54 drainage, and 6 public works.

New trail signage with QR codes that are trail specific.

New playground fencing installed at White Horse Park and Manklin Creek.

New trail signs requested

The Recreation and Parks Advisory Committee wants new trails signs, but the OPA staff has recommended against it, Linda Martin, director of business administration, said.

The committee wanted QR codes on signs to be trail specific. Currently signs take the person snapping the QR code to the general OPA website that they can select information on each trail.

Staff is recommending keeping signs as current to eliminate extra expense of creating new signs. That would be a cost of $70 each with two signs needed for each trail. Additionally, staff recommended developing specific pages on the website for each trail.

Playground fencing installed

Green PVC wired fencing has been installed at the White Horse Park and Manklin playgrounds for safety reasons to separate the play areas from traffic. The work was completed at a total cost of $1,120. A gate will be installed at a cost of $20,000 at the Manklin Meadows playground in lieu of a perimeter fence.

Fencing at Bainbridge, Somerset or Huntington parks is not needed because they are away from traffic, Martin said.

Crosswalks reviewed

Staff is reviewing two sites where installation of crosswalks was suggest-

To enhance customer service the hours of operation at the Ocean Pines Marina have been extended after Oct. 31 to accommodate boat owners.

The marina will be open on weekends in November through Nov. 17. The hours of operation will be 8 a.m. to 5 p.m.

Trash receptacles offered

At the request of property owners, smaller trash receptacles are being offered by Republic Services.

A contract for refuse removal in Ocean Pines was awarded to Republic Services by the Board in December 2023. As part of the contract, customers received new trash receptacles and no longer have to pay a monthly rental fee for them. Republic Services uses new trucks with mechanical arms to pick up the receptacles.

During and Oct. 18 Town Hall meeting with Republic representatives, some people requested smaller receptacles. Republic is now offered smaller 36-gallon receptacles.

Anyone who wants to exchange their new Republic receptacle for a smaller one can contact Republic at 443-210-3505. Old receptacles will be picked up by a Republic subcontractor in the next few weeks.

Bocce Court repairs The bocce court at the Ocean Pines Yacht Club has been repaired and lights added to allow for nightime play. Work was done in-house at a cost of $5,140.

The bocce court at White Horse Park also has been repaired, with a new border and additional stone dust. The adjoining horseshoe pit has been power washed, with stone dust added.

28 Ocean Pines PROGRESS November 2024

OCEAN PINES

OCEAN PINES NOTES

O

County-wide burn ban remains in effect

PVFD Fire Chief Joe Widgeon said in late October the burn ban instituted earlier this month remains in effect, and he urged Ocean Pines residents to be vigilant.

Speaking at an Ocean Pines Association Board meeting onOct. 26, Widgeon said the weather forecast doesn’t show signs of rain for several weeks.

“Anything that’s not covered, that’s illegal in Ocean Pines [and] you’re not allowed to burn,” he said.

A Worcester County press release issued earlier this month said the ban applies to all outdoor ignition sources, except proper of outdoor grills; campfires at commercial, state, and federal campgrounds; permitted Ocean City bonfires; and private property recreational campfires limited to an area of two feet and a height of three feet.

The ban will remain in effect until the dry conditions improve. For more information, contact the Worcester County Fire Marshal at 410-632-5666.

In other news, Widgeon said the Ocean Pines Volunteer Fire Department is continuing its fundraising efforts.

That includes bingo at the Ocean Pines Community Center on Nov. 8, the continuation of the weekly Queen of Hearts drawing, and the annual truck raffle.

“Everybody get your tickets for their Queen of Hearts for next Tuesday … and the truck raffle will end [on Dec. 21], so you’ve still got a couple months for that,” Widgeon said.

Tickets for the truck raffle are $100 and only 2,500 tickets will be sold.

The raffle this year features a 2024 Ford F-150 valued at $54,045. Along with the truck, the winner will have all taxes and other expenses associated with winning the vehicle paid for – a potential savings of $18,000 for the winner.

For more information on the truck raffle, visit opvfd.com/f-150.

Tickets for the “Queen of Hearts” tournament are $5, and the jackpot continues to grow each week. Drawings are held at 5:30 p.m. each Tuesday and are livestreamed on the OPVFD Facebook page.

For more information, visit opvfd.com/queen-of-hearts.

Latest OPA PinesCast features Sharon Puser

The latest episode of the Ocean Pines Association’s exclusive podcast, “PinesCast,” features an exclusive interview with Pine’eer Craft Club President Sharon Puser.

This is a special, earlier airing episode to coincide with the Holiday Craft Fair, Nov. 2 from 9 a.m. to 3 p.m. in the Ocean Pines Community Center.

Hosted by veteran journalist and podcaster Tony Russo, PinesCast each week celebrates the region, the amenities and, most of all, the people that make and keep Ocean Pines a special place to live. The PinesCast is available on all major podcast platforms.

This week, Puser talks about how the dynamic club blends artistry with community service, selling crafted creations to fund local initiatives. Celebrating 50 years, they’ve donated over $185,000 back into Ocean Pines. Under Puser’s leadership, they’ve grown from a close-knit group to a thriving business model, emphasizing inclusivity and volunteerism.

The PinesCast features Tidal Health as the Official Healthcare Sponsor.

Ocean Pines Marina extended weekend hours

The Ocean Pines Marina closed for the season on Oct. 31. However, to accommodate Ocean Pines boat owners, the marina will extend its operating hours for three weekends: Nov. 1-3, Nov. 8-10, and Nov. 15-17.

During these weekends, the marina will be operating under normal operations, from 8 a.m. to 5 p.m.

“While we prepare for winter, we want to ensure that our community has ample opportunity to enjoy the water,” Deputy Director of Public Works Nobie Violante said. “These extended hours allow us to provide services to our valued customers before the season ends.”

With the recent passing of Dockmaster Ron Fisher, Violante is supervising activities at the marina.

Annual Kiwanis fall pancake breakfast

On Saturday Nov. 16, the Kiwanis Club of Greater Ocean Pines-Ocean City will hold its annual fall pancake breakfast in the Ocean Pines Community Center from 8-11 a.m. Pay at the door, cash or credit $9 per person with children under 12 free. The menu includes pancakes, sausages, scrambled eggs, orange juice, coffee and tea. Take-out is available. More info at www.kiwanisofopoc.org.

Tournament benefits breast cancer research

Members of the Ocean Pines Pickleball Club are thanking participants of the recent Pink Ribbon Pickleball Round Robin.

Held on Oct. 4 at the Ocean Pines Racquet Center, the event helped raise more than $15,000 for the American Cancer Society’s Making Strides Against Breast Cancer campaign. The campaign raises funds for lifesaving breast cancer research, along with advancing the cause of health equity through essential programs and services.

In total, 128 players competed on 16 courts, and the event featured roughly three dozen volunteers, 27 sponsors, and more than 30 donations for raffle prizes.

Event organizer Becky Colt-Ferguson called the tournament “a festive, supportive, organized, welcoming, day of ‘pink’ fun.”

“Exercise supports overall well-being, cardiovascular health and lowers cancer risk,” she said. “This round robin event is a demonstration that allows our community to play – all puns intended – and support a time-honored fundraising cause.

“The round robin is a memorable experience for friends and families who honor individuals past and present who are fighting cancer,” she continued.

“I am thankful to be a survivor.”

‘Be a Santa for a senior’

The Ocean Pines Recreation and Parks Department announces its continued participation in the countywide “Be a Santa to a Senior” program, organized by Home Instead and starting on Tuesday, Nov. 5.

Recreation and Parks Director Debbie Donahue said the program helps brighten the hearts of seniors in the community by giving thoughtful gifts they might not otherwise receive.

In Ocean Pines, ornaments with the names of local seniors are placed on a Christmas tree in the Community Center lobby. Each ornament includes a list of requested items for each senior.

Crystal Heiser, who coordinates the program, said last year nearly 900 local seniors received gifts through the program, with almost 200 of those coming from the Ocean Pines community.

Kiwanis lottery tickets

Pictured is Kiwanis member and 2025 Lottery Ticket CoChair, Tom Southwell, manning the sales table on Oct. 26th. Tickets are on sale every Saturday morning at the Ocean Pines Farmers Market from 9-11:30 a.m. One $20 ticket is good for all 365 drawings in 2025.

OCEAN PINES

November 2024 Ocean Pines PROGRESS 29

OPA President Stuart Lakernick reading a proclamantion honoring the Ocean Pines Women’s Club at the Oct. 26 Board of Directors meeting.

OPA commends Ocean Pines Women’s Club

T

he Ocean Pines Association Board on Oct. 26 presented a commendation to the Women’s Club of Ocean Pines, celebrating the club’s 50th anniversary.

The club has grown from a small social group into a robust organization with more than 100 members, raising thousands annually for scholarships and local causes.

Since 2007 alone, the club has awarded nearly $70,000 in scholarships and donated more than $35,000 to local organizations that benefit Ocean Pines homeowners and residents.

OPA President Dr. Stuart Lakernick presented the commendation, which read: WHEREAS, the Women’s Club of Ocean Pines has exhibited extraordinary dedication to community service and philanthropy over the past five decades; and WHEREAS, since its establishment in 1974, the Women’s Club has raised tens of thousands of dollars in support of local scholarships, providing vital assistance to area students and making a lasting impact on the community’s youth; and WHEREAS, in 1988, the Women’s Club demonstrated its generosity by donating $19,000 from its Memorial Fund toward the construction of the White Horse Park pavilion, marking

In honor of organization’s 50th anniversary

the single-largest donation for the project; and WHEREAS, since 2007, the Women’s Club has awarded $69,650 in scholarships to 58 high school seniors, continuing its legacy of service and commitment to education; and WHEREAS, the Women’s Club of Ocean Pines, now in its 50th year

with over 100 dedicated members, has provided countless local women with opportunities to both socialize and give back to their community, strengthening the bonds of friendship and service; NOW, THEREFORE, be it proclaimed by the Ocean Pines Board of Directors that we commend and celebrate the Women’s Club

of Ocean Pines for its remarkable contributions and enduring impact on our community over the past 50 years.

We extend our heartfelt congratulations to the members, leaders, and supporters of the Women’s Club whose passion, generosity, and service have enriched Ocean Pines and beyond.

Republican Women donation

In October, the Republican Women of Worcester County collected items for Della's Closet in Pokomoke, a non-profit organization that provides services to children and families in need on the Eastern Shore. Donations of new or gently used clothing for children and teens and toys and games and diapers were collected. Pictured are Vera Beck, RWWC Caring for America chair, and Jean Delcher, RWWC president.

OCEAN PINES

30 Ocean Pines PROGRESS November 2024

Veterans Day ceremony Nov. 11 Event to include dedication of new gazebo

T

he Worcester County Veterans Memorial Foundation will host a traditional Veterans Day ceremony honoring all who have served in the U.S. military.

The ceremony will begin promptly at 11 a.m., at the Worcester County Veterans Memorial in Ocean Pines.

Michelle Winemiller will emcee the event this year. She is a Veterans Memorial Foundation Board member who spent 11 years in the U.S. Air Force, in intelligence, and 19 years as a civilian employee of the Air Force.

The guest speaker will be Robert Hanson, a veteran of the U.S. Air Force now serving as a Commissioner in the Department of Veterans and Military Families. Hanson, an Eastern Shore native, enlisted in the U.S. Air Force Security Forces in 1971 and served until 1974 in South-East Asia during the Vietnam War. He later served in the Air Force Reserves at Dover Air Force Base from 1982-1986.

He is currently one of the commissioners from Congressional District One in Maryland, and an advisor to the Secretary of Veterans Affairs.

The ceremony will also feature patriotic music, including a salute to all branches of the U.S. Armed Forces.

“Veterans Day is a day to honor and celebrate all who have served in our military,” Worcester County Veterans Memorial Foundation President Marie Gilmore said. “We are forever indebted to those who were willing to serve to protect our freedoms, and we are grateful for the families they left behind.”

Some seating will be provided, but guests are encouraged to bring a chair. The ceremony will move to the Ocean Pines Community Center in

The Veterans Memorial in Ocean Pines.

the event of inclement weather.

Prior to the Veterans Day ceremony, the Memorial Foundation will host a short dedication for the new gazebo at 10:45 a.m. No seating will be provided.

Gilmore said the new gazebo is joint project between Ocean Pines Association and the Veterans Memorial Foundation, and will help aid in educational outreach programs to the memorial.

“Our educational outreach program brings every Worcester County student to the Veterans Memorial for a field trip each year, and they

spend about an hour with docents at the memorial learning about the branches of the service, service of our veterans dedicated the sacrifices that the veterans and their families make,” she said.

“It’s a program that’s very near and dear to our hearts, and this new gazebo will help to enhance that experience.

“We’re looking forward to a very, very special Veterans Day ceremony this year with the dedication and our emcee and guest speaker, and I hope everyone will come out and enjoy it,” she added.

Golf pro lauds golf business in September and October

C

rediting dry weather and great course conditions, Bob Beckelman, Ocean Pines director of golf, said business has been good at the Ocean Pines Golf Course, with revenue come in $30,000 more than expected in September. He told the Board of Directors during its Oct. 26 monthly meeting that the course had a busy September and October was shaping up to be good as well.

“We had a fantastic September,” Beckelman said. He compared the month to September 2023, saying last year it was a slow month due to the timing of events in Ocean City and the weather. This year, however, the weather was good, and the course was in great shape, he said.

Beckelman said he estimated that the golf course generated $30,000 in revenue more than over budgeted for the month of September.

Dry weather assists the bottom line While no rain during the month of October isn’t so good for some things, he said it is good for play at the golf course. “It means we’re open every day,” he said, adding “The course again has been perfect.”

As for revenue, he said the golf course is again having a very nice October. He anticipated revenue will likely be $30,000 to $40,000 over budgeted revenue for the month.

“The reputation of the golf course is really spreading around,” Beckelman said. People love playing the course and are having no problems with the pace of play, he added.

Also, he noted that the course booked $12,000 to $18,000 more in package play this year than last year. “As long as the snow stays off the course, we’ll keep play brisk I’m sure,” Beckelman said.

General Manager John Viola is forecasting that the golf course will be in the black at the

Ocean Pines Director of Golf Bob Beckelman

end of the fiscal year.

That is hardly a risky prediction, as golf has become a cash cow for the Ocean Pines Association.

November 2024 Ocean Pines PROGRESS 31

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32 Ocean Pines PROGRESS November 2024

OPA FINANCES

Lakernick expects Viola to submit 2025-26 budget with ‘flat’ assessment OPA president says it be ‘wrong” to conclude recent remarks

by GM hint at an increase next year

By TOM STAUSS Publisher cean Pines Association President Stuart Lakernick said in a recent telephone interview that he is expecting that General Manager John Viola will be submitting a proposed 2025-26 OPA budget that will be “flat” relative to a theoretically possible increase in the lot assessment.

Recent years have seen assessment decreases as Viola kept his promises to give back to OPA members substantial operating fund surpluses that have given rise to some calling the general manager the “million dollar” man.

While the current year’s operating results suggest that the OPA will not hit the $1 million surplus this year -- technically the surplus a positive variance to budget -- the trajectory of recent financial reports still indicate a healthy surplus for the year.

Through September, the positive operating fund variance is $484,603, after a $50,000 positive variance for the month.

Viola made some comments at the September meeting of the Board of Directors that talked about some of the fiscal headwinds that the OPA is facing as Viola and his team assemble a budget for next year.

Some of Viola’s comments could have been interpreted to suggest that Viola was setting the table for a proposed assessment increase, but Lakernick said it would be “wrong” to conclude that.

Instead he said he thought the proposed assessment would come in “flat,” which would break the recent pattern of assessment decreases.

The current base lot assessment is $850, with a $615 “waterfront differential” that brings the assessment for bulkheaded waterfront property to $1,465.

Viola’s comments, as Lakernick’s opinion suggested, also could be interpreted as the general manager’s

O

way of preparing OPA members for a halt in the recent pattern of assessment decreases.

According to Viola, public safety expenditures are consuming a growing percentage of the Ocean Pines Association’s assessment dollars. He said that without an assessment increase, nearly 50 percent of the annual dues could be dedicated to public safety by fiscal year 2026-2027.

“We value our safety,” Viola said, and added that the OPA has made significant investments in public safety infrastructure and staff support for the Ocean Pines Police Department and Ocean Pines Volunteer Fire Department.

Viola showed the Board a per fiscal year graphic illustrating public safety funding by percentage of the assessment.

It shows: Fiscal Year 2018-19 was 23.8 percent, Fiscal Year 2019-20 was 24.2 percent, Fiscal Year 202021 was 25.2 percent, FY 2021-22 was 25.6 percent, Fiscal Year 202223 was 33.3 percent, and Fiscal Year 2023-24 was 32.7 percent.

Viola estimated public safety spending by percentage of the assessment dollars at 36.8 percent for Fiscal Year 2024-25.

Based on maintaining an assessment of less than $900, he projected significant growth in that percentage in Fiscal Year 2025-26 to 40 to 42 percent and for Fiscal Year 202627 to 44 to 46 percent.

“You can see how it’s gone up each year, but yet our assessment has gone down,” he said.

The assessments has been lowered in recent years because the OPA amassed sizable surpluses in recent years, the result of amenities such as golf producing positive net earnings.

Viola’s stated goal has been to return a portion of those surpluses, or positive variances to budget as he likes to call them, to OPA members in the form of lower assessments.

Does this mean that Viola will

OPA President Stuart Lakernick

Some of Viola’s comments could have been interpreted to suggest that Viola was setting the table for a proposed assessment increase, but Lakernick said it would be “wrong” to conclude that.

Instead he said he thought the proposed assessment would come in “flat,” which would break the recent pattern of assessment decreases. be presenting a 2025-26 budget for the OPA later this year that doesn’t lower the lot assessment, as has occurred in recent years?

That may have been what he was hinting, but Lakernick made it clear he doesn’t think so.

Even if Viola were to propose an increase, the Board has the final say and could make changes in the proposed budget to keep the base assessment at $850.

Viola noted that the cause of the projected increase in percentage of assessments dollars used for public safety is “a lot of decisions were kicked down the road.”

That statement appears to have been aimed at Boards of Directors prior to those that served in recent years.

Now that the OPA has what he called a “constructive board” progress is being made to make improvements in public safety.

“But there is a cost to it,” he said.

Some of the expenditures driving up the use of assessment dollars for public safety are the adjustment to police pension equivalent, at $21 assessment dollars forFiscal Year 2024-25.

In Fiscal Year 2025-26, police salary adjustments were projected at $18 assessment dollars and the increase from 50 to 75 percent in contribution to OPFVD for its apparatus reserve equals $15 assessment dollars.

For Fiscal Year 2026-27 the proposed new Southside firehouse will take an estimated $31 assessment dollars and funding full time equivalent positions not included in Fiscal Year 2024-25 for $12 assessment dollars.

Police department expenses have increased in recent years and will continue doing so as the department moves into full staffing.

That’s been an objective of Chief of Police Tim Robinson since arriving on the scene, and he said recently that the department is close to reaching that goal. He inherited a department seriously depleted of trained officers.

The Board of Directors also has embarked on a sustained policy of improving salaries and benefits for the police department, as a way of reducing or eliminating the number of officers who depart Ocean Pines because better compensation is available elsewhere.

So far, the strategy seems to be working, but with a cost.

Which leaves the OPA assessment next year somewhat of an open question.

Viola has proven himself to be a shrewd navigator of Board politics, and he seldom takes hard positions that would put him at odds with the directors.

OPA FINANCES

November 2024 Ocean Pines PROGRESS 33

Viola again presents chart indicating possible assessment increases Public safety costs take up larger percentage of OPA expenses

By ROTA L. KNOTT Contributing Writer or the second month in a row, General Manager John Viola emphasized the portion of the Ocean Pines Association annual property assessments dedicated to covering public safety expenses as part of his monthly financial review.

Viola presented the update during an Oct. 26 Board of Directors meeting showing he anticipates nearly half of the assessment will be budgeted for public safety by fiscal year 2026-2027.

Viola said the increased percentage of the assessment revenue dedicated to public safety expenditures is the result of decisions made by the OP Board and management team.

“These are decisions we made. The right decisions,” he said, adding that the OPA has made significant investments in both the Ocean Pines Police Department and Ocean Pines Volunteer Fire Department.

He said there are two components to the increasing percentage of assessment dollars expended for public safety. First, he said, the cost of providing public safety has gone up and “it’s gone up a lot.” Second, the Board voted to reduce the overall amount of the annual assessment

F

charged to property owners. As a result the percentage of the assessment for public safety increased.

Viola said discussions about public safety spending will be part of the OPA’s budget process for fiscal year 2025-2026.

In his monthly report, Viola in-

cluded a graphic illustrating public safety funding by percentage of the assessment. It shows: FY18-19 was 23.8 percent, FY 19-20 was 24.2 percent, FY 20-21 was 25.2 percent, FY 21-22 was 25.6 percent, FY 22-23 was 33.3 percent, and FY 23-24 was 32.7 percent. Estimates show public

safety spending by percentage of the assessment dollars at 36.8 percent for FY 24-25, 40 to 42 percent for FY 25-26 and 44 to 46 percent for FY 26-27.

Some of the expenditures driving up the use of assessment dollars for public safety are the adjustment to police pension equivalent, at $21 assessment dollars for FY 24-25. In FY 25-26, police salary adjustments were at $18 assessment dollars and the increase from 50 to 75 percent in contribution to OPFVD for its apparatus reserve equals $15 assessment dollars.

For FY26-27 the proposed new southside firehouse will take $31 assessment dollars and funding full time equivalent positions not included in FY 24-25 for $12 assessment dollars.

In response to the information Viola presented at the October meeting, OPA President Stuart Lakernick said it would be wrong to interpret as an indication that assessments would rise next year.

It seems apparent that there is little likelihood of Viola proposing a budget for next year that would lower assessment, as has been the norm in recent years.

At left is a graphic presented by General Manager John Viola that shows projected public safety increases on the OPA assessment.

The graohic below shows the estimated public safety costs as a percentage of the annual lot assessment. Note that the graphic shows a possible range in the assessment for Fiscal Year 25-26 in a range of $850 to $875, and a possible range in Fiscal Year 26-27 of $8750 to $900.

Source: General Manager’s Report, Oct. 26 monthly meeting of the Board of Directors.

Source: General Manager’s Report, Oct. 26 monthly meeting of the Board of Directors.

OPA FINANCES

34 Ocean Pines PROGRESS November 2024

OPA operating fund earns $50,000 in September For the year so far, the positive variance is approaching $500,000

By TOM STAUSS Publisher he Ocean Pines Association emerged from two consecutive months of near breakeven operations to earn a $49,605

T

operating fund positive variance to budget in September.

The OPA had recorded a positive variance of $2,378 in July and $2,721 in August, departures from OCEAN PINES ASSOCIATION much healthier monthly surpluses NET OPERATING BY DEPARTMENT SEPTEMBER 2024

for the current fiscal year.

With the return to a more robust financial results in August, the OPA is closing in on a $500,000 positive variance for the year to date.

Through September, the operating

Net Operating by Department - September 2024 MONTH ACTUAL

MONTH BUDGET

$ VARIANCE

YTD ACTUAL

YTD BUDGET

$ VARIANCE

YTD LAST YEAR

YTD BUDGET LAST YEAR

GENERAL ADMIN MANAGER'S OFFICE FINANCE PUBLIC RELATIONS

971 (26,220) (67,143) 1,627

403 (30,194) (75,893) (1,926)

568 3,974 8,749 3,553

5,965,067 (149,682) (354,869) (72,955)

5,956,416 (162,372) (398,184) (103,044)

8,651 12,690 43,316 30,089

5,800,321 (150,026) (343,558) (116,276)

5,771,566 (157,328) (369,978) (124,095)

COMPLIANCE / PERMITS GENERAL MAINT PUBLIC WORKS

(14,578) (67,213) (95,763)

(6,351) (52,954) (123,738)

(8,227) (14,259) 27,975

(50,307) (313,356) (497,931)

(56,666) (292,208) (641,098)

6,359 (21,148) 143,167

(22,785) (329,869) (564,541)

(2,251) (298,514) (703,093)

FIRE / EMS POLICE

(84,279) (166,372)

(84,279) (159,753)

0 (6,619)

(421,394) (265,602)

(421,394) (312,511)

0 46,908

(420,382) (189,885)

(420,382) (291,663)

RECREATION / PARKS TENNIS PICKLEBALL PLATFORM TENNIS

(55,021) (4,600) (376) (2,136)

(48,942) (6,467) (1,774) (3,779)

(6,079) 1,867 1,399 1,643

(198,975) 1,675 83,808 7,726

(176,778) 3,452 78,475 (1,402)

(22,197) (1,776) 5,333 9,127

(164,493) (8,426) 69,509 1,368

(173,263) 9,483 53,815 5,161

AQUATICS

(35,578)

(30,963)

(4,615)

220,689

204,010

16,680

243,367

209,123

GOLF OPS + MAINT CLUBHOUSE GRILLE

78,066 12,952

43,039 10,428

35,027 2,524

695,968 102,599

554,156 83,395

141,811 19,204

605,731 108,923

509,380 71,754

BEACH CLUB BEACH PARKING

6,572 7,202

(3,391) 16,484

9,963 (9,283)

279,453 480,569

202,672 461,226

76,781 19,343

243,993 463,225

182,876 414,176

YACHT CLUB MARINAS

43,044 (1,719)

47,888 (8,007)

(4,843) 6,288

327,471 278,310

412,803 242,712

(85,332) 35,598

437,328 230,569

444,437 278,348

(470,564)

(520,169)

49,605

6,118,263

5,633,659

484,603

5,894,094

5,409,551

NET OPERATING

Source: Ocean Pines Association Finance Department

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fund is a positive $484,603.

The September positive variance resulted from revenues over budget by $45,933 and expenses under budget by $3,672.

For the year through September, revenues are over budget by $362,433 and expenses are under budget by $122,170.

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

Net operating revenues through September were $6.118 million, compared to last year’s $5.894 million, an increase of $224,169 yearover-year.

For the year through September, all amenities were in the black, and all but tennis and the Yacht Club were ahead of budget.

For September, most amenities were in the black, with tennis, platform tennis, aquatics, and marinas the exceptions.

For the month, most amenities were ahead of budget, with aquatics, beach parking and the Yacht Club under budget.

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

Most OPA amenity operations are doing better than they were through September of 2023.

Those include tennis, pickleball, platform tennis, golf, the Beach Club, beach parking and marinas.

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

Aquatics is $22,678 behind where it was through September of last year, the Clubhouse Grille is off $6,324, and the Yacht Club has earned $109,857 less than it did through September of last year.

As it’s been for all of this year, golf continues to be the OPA’s most profitable amenity year-to-date, with $695,968 in net earnings through September and ahead of budget by $141,811.

For September, the net operating result for golf was $78,066, ahead of budget by $35,027.

Dry weather definitely contributed to that result, Director of Golf Bob Beckleman said during the September Board of Directors meeting.

A year ago through September, golf had net earnings of $605,731.

The year-over-year improvement was an impressive $90,237. u

OPA FINANCES Beach parking is the second highest net producer for the OPA so far this fiscal year. Through September, this cash cow netted $480,569, ahead of budget by $19,343.

For the month of September, beach parking netted $7,202, missing budget by $9,283.

A year ago through the end of September, beach parking had netted $463,225.

The year-over-year improvement was almost $17,344.

The Yacht Club is the third highest net producer so far this fiscal year.

Through the end of September, this venue brought in net revenue of $327,471, missing its budget target by $85,332.

For September, the Yacht Club produced an operating net of $43,044, under budget by $4,843.

Year-over-year, the Yacht Club has slipped.

Through September of 2023, the Yacht Club had netted $437,328, compared to the $327,471 generated through September of this year.

That’s a year-over-year decline of $109,857.

Marinas are close behind the Yacht Club as a revenue generator.

Through September this department earned $278,310, ahead of budget by $35,598.

During September, marinas lost $1,719, but that was ahead of budget by $16,288.

This department is well ahead of 2023 through September. A year ago, marinas had earned $230,569 for the OPA. The year-over-year improvement was $47,741 reflecting better weather this summer over last.

The Beach Club food and beverage operation has had a profitable summer, generating $279,453 in net revenue through September, better than budget by $76,781.

The Beach Club closed for the year in early September, so the monthly results would reflect that.

For September, the Beach Club netted $6,572 ahead of budget by $9,963.

A year ago, the Beach Club netted $243,993 through September. That’s a year-over-year improvement in this amenity of $35,460.

The Beach Club continues its tradition of robust financial results for the OPA. Aquatics remains a revenue generator for the OPA so far this year, with net earnings of $220,689 and a positive variance to budget through

November 2024 Ocean Pines PROGRESS 35

RESERVE SUMMARY PERIOD ENDED 9/30/2024 OPA RESERVE UNAUDITED SUMMARY - September 2024 REPLACEMENT

BULKHEADS WATERWAYS

ROADS

DRAINAGE

NEW CAPITAL

TOTAL

BALANCE APRIL 30, 2024

5,530,993

320,096

760,265

390,561

103,226

7,105,141

TRANSFERS FROM OPERATING FUND: CONTRIBUTIONS FROM ASSESSMENTS

1,575,152

1,053,850

-

-

-

2,629,002 0

TRANSFER FROM PRIOR YEARS' SURPLUS INTEREST INCOME (EXPENSE)

-

-

-

-

-

239,482

37,591

39,613

14,329

4,050

350,000

100,000

(17,175)

(223,091)

-

(321,468) (1,605,188)

1,132,703

281,799

107,276

8,592,552

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

(1,364,922)

BALANCE SEPTEMBER 30, 2024

5,980,705

(321,468)

1,090,069

335,065

450,000

Source: Ocean Pines Association Finance Department

September of $16,680.

During September, however, Aquatics lost $35,578, missing budget by $4,615.

Aquatics has also slipped behind last year’s year-to-date performance.

A year ago through September, Aquatics had netted $243,367.

That’s a year-over-year decline of $22,678.

Though not a high revenue producer, the Clubhouse Grille remains a consistent producer for the OPA. Through September it had netted $102,599, ahead of budget by $19,204.

For September, it earned $12,952, ahead of budget by $2,534.

Through September of last year, the Clubhouse Grille had produced earnings of $108,923.

The year-over-year decrease in net was $6,324.

Racquet sports in the aggregate continues to be a profit center for the OPA, led by pickleball.

Pickleball earnings through September were $83,808, ahead of budget by $5,333.

For September, pickleball lost $376, but that was ahead of budget by $1,399.

Year-over-year has seen an increase for pickleball.

Earnings through September of last year were $69,509.

Platform tennis is in the black through September, with a net of $7,726, ahead of budget by $9,127.

For the month, this amenity lost $2,136, but that was ahead of budget by $1,643.

Year-over-year through September, platform tennis has improved significantly, with a year-over-year increase of $6,358.

Tennis, the amenity that generates the least for the OPA in net revenue, nonetheless was in the black through September, with net revenues of $1,675. Tennis missed its budget by $1,776.

For the month, tennis lost $4,600, but that exceeded budget by $1,867.

Year-over-year, tennis is much improved. A year ago through September, this amenity was in the red by $8,426, The year-over-year improvement was $10,101.

Reserve funds: The OPA’s reserve fund balance through the end of September was $8,593 million, down from $8.877 million in August, $9.15 million in July, $9.39 million in June and $9.795 million in May. This decline is standard as transfers from these funds occur to pay for various capital improvements.

The replacement reserve was

T

funded in the amount of $5,980,705, bulkheads/waterway $1,090,069, roads $1,132,703, drainage $281,799 and new capital $107,276.

Balance sheet: As of Sept. 30, the OPA had $44,484 million in assets, compared to $43.732 million at the same time in 2023.

Membership: OPA amenities in totality have reached 106 percent of budget by the end of September, no change in percentate from the end of August.

Total memberships sold through Sept. 30 were 4,143, compared to 4,007 at the end of September last year.

Membership dues collected through Sept. 30 were $1,294,133, ahead of budget by $71,785.

All membership categories were ahead of budget with one exception, with tennis at 90 percent through the end of September.

September cash position at $17.9 million

he Ocean Pines Association’s cash and investment position decreased about $1 million from the end of August to the end of September, with about $17.9 million on hand on Sept. 30.

That compares to $18.9 million in cash as of Aug. 30.

According to a report by OPA Treasurer Monica Rakowski at the Oct. 26 Board of Directors meeting, cash decreased $100,000 from the same time last year.

Of the cash on hand, $11.7 million was invested in CDARs, and $63,000 in interest income was recognized for the month.

The remaining $6.2 million was invested in an insured cash sweep, treasury bills, money market and other operating accounts, diversified between two local banks.

36 Ocean Pines PROGRESS November 2024

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OPINION

November 2024 Ocean Pines PROGRESS 37

COMMENTARY Will Ocean Pines accept a new food and beverage contractor?

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he short answer: If it comes to that, probably.

If a competing management company submits a proposal that General Manager John Viola can sell to the Board of Directors as clearly superior to a status quo proposal from the Matt Ortt Companies, and what so far has been a tightly controlled vetting process can yield to a more transparent sharing of details of a new arrangement with the community, it’s possible that a change in management companies will unfold with minimal disruption and opposition.

Viola has a lot of credibility with respect to his management of the Ocean Pines Association, and inevitable changes in personnel over the years of his tenure has yielded discernible improvements in the quality of personnel in his management team. T The departure of popular department head Colby Phillips was perhaps the sole misstep on the part of the GM - she would have made an excellent Deputy General Manager who would have delivered one success after another had Viola trusted her with that position.

But that’s the exception, and personnel management -- hiring competent department -- is in his wheelhouse as much as delivering excellent financial performance year after year is in his skillset.

So as he manages the vetting of three competing proposals for food and beverage management in Ocean Pines, which has been a sixand-a-half year financial success story under the Matt Ortt Companies, should Viola propose a change in management companies he will bring a lot of built-in and highly deserved credibility to the process.

When he says he wants the vetting process to be professional, everyone should take him at his word. He deserves that.

Professional means that all three applicants will be treated fairly and with respect. The analysis of the competing proposals will be thorough, and whatever time is needed to get it right should be taken.

His working group to vet the proposals are all top notch -- Director of Finance Steve Phillips, Director of Business Administration Linda Martin, and Marketing and Public Relations Director Josh Davis all bring expertise to the table.

No doubt attorney Bruce Bright will be brought in at the appropriate time to draft and perhaps even negotiate a contract that will be fair to all and won’t omit any key details.

The decision not to involve the Budget and Finance Advisory Committee in the vetting is understandable, as in this instance a working group of four or five people seems like a good number.

Viola wants to keep a tight lid on the vetting process as it unfolds, and bringing in an advisory committee during the vetting process opens up the process to inevitable leaks that wouldn’t be helpful to the process.

This isn’t to say that once a proposal is pre-

As he manages the vetting of three competing proposals for food and beverage management in Ocean Pines, which has been a six-and-ahalf year financial success story under the Matt Ortt Companies, should Viola propose a change in management companies he will bring a lot of built-in and highly deserved credibility to the process. sented to the Board that directors are precluded from asking for the advice of the Budget and Finance Committee on the merits of the proposal before voting on it.

That’s up to the directors. At the same though, there is every reason to believe that whatever Viola presents will be sufficiently detailed and his conclusion difficult to critique, so that additional scrutiny from an advisory committee won’t really be necessary.

Bruce Bright’s able assistance in the process will also lend additional credibility to whatever Viola proposes.

That said, the Matt Ortt Companies deserves the appreciation and gratitude of Ocean Pines Association members for its exemplary financial performance.

Now in its seventh year managing Ocean Pines food and beverage venues, MOC’s tenure in Ocean Pines reversed decades of mismanagement. it should be recalled that before MOC’s arrival on the scene, the Yacht Club and golf food and beverages were perpetual financial losers requiring subsidies in the form of higher annual lot assessments to operate.

During the horrific covid years, MOC navigated treacherous operational challenges with aplomb and creativity, continuing to deliver positive financial results.

Yes, Yacht Club financial performance has fallen off this past year, but even with more than a $100,000 decrease in Yacht Club net results, this venue is still producing a profit and good times on the deck on warm-month weekends.

The departure of former MOC partner Ralph DeAngelus has presented operational challenges that remaining principal Matt Ortt has had to navigate, and there are more complaints about Yacht Club quality and service on social media than was once the case.

Viola has hinted in some of his public remarks that he believes the current financial arrangement is too much in MOC’s favor, and it would be consistent with that sentiment that he might want to arrive at some adjustments should his recommendation be to negotiate a new contract with MOC after all the vetting takes place. That

is speculative, of course.

Should a competing proposal be significantly more to the OPA’s financial advantage than the current contract, and demonstrably and convincingly so, then it would not be surprising if Viola goes with that rather than recommend negotiating a new current with MOC. That, after all, is what a very competent general manager would and should be.

All three management companies including MOC that submitted proposals have excellent reputations in the area. Check out their Websites and the Yelp reviews; they lead to the conclusion that whichever company lands the contract with the OPA, our food and beverage venues will be in good hands.

One final point: MOC has presold weddings in the fiscal year that begins May 1 of 2025 and has booked live entertainment for next summer.

Should a new management company be hired to replace MOC, the transition will need to be carefully managed so there is no loss of wedding business and no diminution in the quality of live entertainment at the Yacht Club.

It goes without saying that MOC will be entitled to its five percent under the current contract for any wedding it has presold, even if another management company executes the wedding.

There probably is no issue facing Viola and the Board of Directors that is more consequential for the future of the OPA than this food and beverage contract.

We are fortunate indeed to have this GM and this Board to handle it. - Tom Stauss

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

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

38 Ocean Pines PROGRESS November 2024

LIFESTYLES

The Mid-Atlantic Symphony Orchestra

Mid-Atlantic Symphony presents ‘Fireworks of Fate’

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November concerts feature Farrenc and Beethoven

he Mid-Atlantic Symphony Orchestra (MSO) has announced its upcoming November concerts, featuring a captivating program of classical masterpieces.

Concertgoers will experience Louise Farrenc’s Overtures No. 1 in E-flat Major and No. 2 in E Major, alongside Ludwig van Beethoven’s celebrated Symphony No. 1 in C Major and Symphony No. 5.

Performances will take place on Friday, Nov. 8, at 7 p.m. at Epworth United Methodist Church in Rehoboth Beach, and the following day, Saturday, Nov. 9, at 3 p.m. at the Performing Arts Center in Ocean City The concert series will conclude on Sunday, Nov. 10, at 3 p.m. at the Todd Performing Arts Center in Wye Mills, Md. Louise Farrenc (1804-1875) was a pioneering French composer and virtuoso pianist, recognized during her lifetime as a leading

figure in the musical landscape of her era. She made history as the first woman to hold a position as professor of piano performance at the Conservatoire de Paris.

Although her contributions to music faded into obscurity, the Mid-Atlantic Symphony Orchestra is proud to perform her Overtures No. 1 and No. 2.

Each overture features a striking adagio introduction, followed by vibrant allegro sections that showcase Farrenc’s unique thematic development and energy.

In addition to Farrenc’s works, the symphony will present Beethoven’s Symphony No. 1 and Symphony No. 5. Symphony No. 1 marks the composer’s emergence in Vienna.

Completed in 1800, this symphony exhibits a light-hearted charm, blending traditional classical elements with Beethoven’s innovative spirit.

The work features playful motifs and demonstrates Beethoven’s burgeoning harmonic explorations, offering a glimpse into the genius that would redefine the symphonic form.

Beethoven’s Symphony No. 5 is one of the most iconic works in classical music, known for its powerful four-note motif that opens the first movement.

Completed in 1808, this symphony showcases Beethoven’s spirit, blending rhythmic vitality with dramatic tension.

The work, a hallmark of coherence and economy, explores the full expressive potential of its simple musical ideas.

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

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

Aquatics Department offering single-day, six-session junior lifeguard program

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Courses to conclude in April of next year

tarting last month, the Ocean Pines Aquatics Department began offering both single-day and six-session versions of its popular Junior Lifeguard Program, designed for children ages 7 and up.

The programs continues through April of next year, with no courses offered in December or March of next year.

Aquatics Director Michelle Hitchens said the courses are intended to be both fun and educational, and

they are scheduled on school closure days to support local parents.

“The Junior Guard program focuses on essential life skills such as water safety, teamwork, problem-solving, swimming endurance, and self-confidence, while incorporating a variety of games and activities to keep the children engaged,” she said. “It’s also a great opportunity for kids to enhance their water skills when schools are closed.”

To participate, children must be

strong swimmers who can swim the length of the pool and tread water for at least one minute.

Most the class will take place in the deep end of the pool.

Single-day courses will be held at the Sports Core Pool on the following dates from 11 a.m. to 4 p.m. on Tuesday, Nov. 5; Monday, Jan. 27; Monday, Feb. 17; and Friday, April 4.

The program is led by Steve Yarzinsky and his team of instructors.

Participants will receive a Junior

Lifeguard t-shirt and whistle.

The cost is $75 for Ocean Pines residents and $80 for non-residents.

Additionally, a six-class junior lifeguard course will be offered every other Sunday from 1-3 p.m., Jan. 19 through March 30.

Each session includes six twohour classes, totaling 12 hours of instruction.

The cost for this extended program is $135 for residents and $150 for non-residents, and it also includes a t-shirt and whistle.

For more information or to register, call 410-641-5255.

The program is a stepping stone to a career with the Ocean Pines Association as a lifeguard.

Many junior lifeguard class graduates have become members of the OPA Aquatics staff, which is always looking for experienced guards to help out at the pools.

LIFESTYLES

November 2024 Ocean Pines PROGRESS 39

Longtime aquatics teacher and lifeguard has successful first summer as director

Michelle Hitchens overcomes previous summers’ struggles to keep all OPA pools open

By JOSH DAVIS Contributing Writer hen Michelle Hitchens became the Ocean Pines Aquatics Director in February, it was the latest step up the ladder for a woman who started working as a lifeguard at age 15.

Hitchens was born in Norristown, Pa. She moved to the Eastern Shore in 2004 and started working at a fitness center in nearby Bethany Beach.

“My mom grew up here and we have family nearby,” she said. “I started out in the fitness center at Sea Colony doing activities around the complex, and then I also lifeguarded on the side because they needed more guards.”

Hitchens occasionally worked other jobs out of the water, but something always seemed to pull her back in.

“I would take a little break, but then always go back to it,” she said. “Even in college, I worked at a YMCA and guarded and taught some lessons. For some reason, I always gravitated back to doing it.”

She came to Ocean Pines in 2012, again with family in the area, and right away started teaching swim lessons.

From there, she became more and more active in aquatics programs and lessons, and she was the Aquatics Department manager prior to her promotion.

“The department has mostly been the same over the years – only little things have changed,” she said.

“We’re constantly trying to improve classes and lessons, but I’ve always had my hand in lots of things. I organized exercise classes, I organized swim lessons, and I taught them, and I taught aquatics bike classes.

“I did all of that and helped to run certain things, so there wasn’t that much of a learning curve when it came to changing over to director, because I had been here for 12 years,” she added.

During and even after the pandemic, the Aquatics Department

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struggled to keep all five pools open during the summer because of a perpetual shortage of lifeguards. This summer, finally, things got back to normal.

“Covid didn’t help, but we didn’t have many guards in general. I feel like people just didn’t want to guard for some reason,” she said.

Hitchens went the usual route of u

40 Ocean Pines PROGRESS November 2024

LIFESTYLES

Opportunities abound to give back during the holidays

By CINDY HOFFMAN Contributing Writer he holidays will soon be upon us and there are many opportunities here in Ocean Pines to give back to those in our community that might need a little cheer.

“Be a Santa to a senior,” sponsored by Home Instead, will once again provide residents with an opportunity to provide gifts to local seniors. A tree will be placed in the Community Center lobby from Nov. 4 through Dec. 2, featuring ornaments with the names of seniors and their requests for gifts. Common requests are slippers, sweat pants, books and music.

Last year, 30 seniors received gifts, according to Debbie Donahue, the Ocean Pines Association’s Director of Parks and Recreation.

Reindeer Lane will also be open for business again this year on Dec. 7.

It’s an opportunity for children to purchase gifts for their family members at very low prices. Volunteers help the kids pick out gifts.

The Kiwanis Club of Greater Ocean Pines-Ocean City will hold its annual holiday Toy Drive and Coat Drive simultaneously from 9 a.m. to noon every November Wednesday in the parking lot of the Ocean Pines Community Center.

Toys must be unwrapped and are delivered to Worcester GOLD. New

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Michelle Hitchens

From Page 39 attending job fairs, and she was able to build on her connections as a longtime swim instructor.

She also recruited some of her daughter’s friends from a local high school swim team.

“A lot of them took our lifeguarding classes this year, so that was a big benefit – having that big lifeguarding class,” she said. “We also had a strong group of people returning that were very reliable, and they already knew how things ran. I’m hoping a lot of those people return again next year.”

During the summer, she also expanded offerings and hours at many of the pools, trying to give swim members and guests more value for their dollar.

“We do offer a lot of classes,” she said. “We also tried to do little things this summer, like keeping certain pools open later and giving people an opportunity to spend more time there. We opened the snack bar at the Swim and Racquet Club, and people really liked that. So, we’re hoping to do that again next year and to just keep improving things in small ways.”

Now, turning toward the fall and winter, Hitchens said she’s focused on creating a robust lineup of aquatics classes and programs geared toward all ages and skill levels. That includes daylong programs for grade-schoolers.

“We’ll have a junior lifeguard program that we didn’t have last

and gently used coats go to various organizations that distribute them to those in need, making their holidays happier.

The Ocean Pines Get Involved Facebook page is once again hosting a number of activities to help the local community.

Boxes will be placed in the Ocean Pines administration building lobby and the Yacht Club from Oct. 25 to Nov. 22 to collect non-perishable food.

They will also be collecting for Toys for Tots at the same locations from Nov. 23 to Dec. 21.

In addition, the group is planning to create gift boxes for seniors again this year.

“We are looking to get names of seniors who are alone for the holidays,” Esther Diller, manager of the Ocean Pines Get Involved page, said. “We will be packing goodie boxes for them. We would like to focus on Ocean Pines specifically but will also be working with Worcester Gold.”

She asked to send names and addresses of seniors to the Ocean Pines Get Involved page through Messenger.

Last year, the group donated over 1,000 pounds of food to Diakonia, a local shelter that helps individuals and families in the Tri-county Lower Eastern Shore by providing shelter, food, clothing and program services.

Volunteers packed and delivered 30 boxes to seniors through Worcester Gold and collected more than 100 coats and other clothing items.

“We also tried to do little things this summer, like keeping certain pools open later and giving people an opportunity to spend more time there.”

Aquatics Director Michell Hitchens winter, and we’ll schedule those on certain days when kids have off of school,” she said. “It’s always 11 a.m. to 4 p.m., and it’s something for the parents to sign their kids up for where they don’t have to really worry about them for the whole day.”

Hitchens is also planning a Halloween swimming event, and more swim lessons to meet the high demand.

“We’re trying to get more instructors and finding ways to fit more classes in between other events happening in our pools,” she said.

All of that, and Hitchens balances being a mother of four. She said there’s slightly more flexibility running the Aquatics Department, rather than being the jack-of-all-trades holding it together.

“Two of my kids are older now and in high school, so it’s a little easier,” she said. “And with the younger two, my parents help me a little bit. But I’m trying to be more involved with their stuff after school this year.”

As for the future of Ocean Pines Aquatics, Hitchens said she just wants to keep building and improving the programming.

“We’re always trying to think of new things,” she said. “It’s a balance

of seeing what people want and are willing to become involved in. We tried a few things over the summer, and we’ll hopefully continue to add new things that are a little bit different and eye-catching.”

Being a busy mother and working in pools since she was a teenager,

Appreciation lunch

Hitchens said, has certainly helped prepare her.

“Between having kids and doing lifeguarding and teaching, it comes pretty easy. And we’re always looking for things that are working elsewhere that we can incorporate,” she said.

For residents and homeowners, Hitchens said there’s almost always something going on at the pools – and the first class is always free.

“People should come out and try the classes!” she said. “For anything without equipment, you can come and try the first class for free and see which classes you would like to keep up with.”

Earlier in 2024, the Sterling Tavern in Berlin hosted a Bingo Night for the Kiwanis Club of Greater Ocean Pines-Ocean City to help raise funds in support of the club's agenda to serve the children and families of Worcester County. On Wednesday October 30th in place of a regular 8 AM meeting, Kiwanis members met at the Sterling Tavern for lunch in appreciation of the Sterling Tavern's support.

November 2024 Ocean Pines PROGRESS 41

LIFESTYLES

Colby Phillips continues a tradition of sending letters to and from Santa Deadline for requests no later than Nov. 15

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erlin resident Colby Phillips has partnered again with the North Pole to help send letters from Santa Claus to local children and beyond. Thirteen years ago, Phillips said she went online to look for a service that would deliver a holiday letter to her two daughters, Remy and Sadie, then ten- and five-years-old.

“There were plenty out there, but they cost upwards of $15. That seemed high for a letter I could probably write myself, with Santa’s help,” Phillips said. “So, Santa and I came up with a fun letter and offered the same service to a few friends, and it’s just grown over the years.”

Each year, Phillips sends letters from Santa to close to 1,000 children all over the United States.

She starts in October to keep up with the high demand and said she’s used enough glitter over the years to fill several large warehouses.

“My house glistens for a few months, and I usually have someone tell me I have glitter on my face at some point,” she said.

Phillips became acquainted with St. Nicholas when she was just a little girl. “Because I have always believed in him, he trusts me to help him carry out this important tradition,” she said. “He truly is a jolly person! And his sweet tooth is as big as mine, so we enjoy discussing letters over sweets!”

Along with getting to know Father Christmas, Phillips said she’s also met with his lovable, furry sidekicks. “The reindeer are wonderful!” she said. “I like to make the letters based around a continuous story. Several years ago, I introduced Peppermint the Reindeer, who was welcomed by the children with such excitement and love. Two years ago, our story introduced Gumdrop the elf who has a very big, sweet tooth!

This year, we will be introducing Oli the floppy rabbit who happens to also be the mail carrier for the North Pole. A coloring page drawn by the very talented Richard Von Ludwick will also be included of Oli as well.”

Richard Ludwick of Captain’s Cove drew the illustration of Peppermint and Gumdrop previously, and “he drew them exactly as Santa and I had envisioned,” she said “so I can’t wait to see how he draws up our special mail carrier Oli”.

These letters are free and community donations throughout the years of stamps and funding have contributed greatly.

“I can’t thank Thom Guylas and Emily Davis with Ace Printing in Berlin enough for their contribution and help in printing these letters and labels for me the past several years. I also appreciate the community and those who have donated

off at the Ocean Pines post office or the Captain’s Cove Marina Club front desk and Santa will reply with a special thank you included in the letter.

“And don’t worry Santa does not promise anything, especially iPhones, puppies or baby sisters!”

For Phillips, continuing the tradition is a wonderful way to stay in touch with an old friend, who just happens to be made of pure Christmas magic. It also warms her heart to help share good tidings each year with hundreds of children.

“I love the innocence of children,” Phillips said.

Colby Phillips and close friend Santa.

stamps and funding for materials. It truly is only my time in stuffing and imagination of the story that I do at this point.”

To receive a letter from Santa, email santaphillips@yahoo.com by Nov. 15 and include the child’s name and address. If children want to write a letter to Santa, which he loves, they can drop them

“Children really teach us about faith, believing in something they don’t see with their own eyes, like Santa coming into their house at night. I feel that, in this day and age, if we can keep them believing in the miracle of Christmas and bring a smile to their face, then I have accomplished what I set out to do.

42 Ocean Pines PROGRESS November 2024

CAPTAIN’S COVE

CURRENTS

Birckhead renews pledge to appeal Captain’s Corridor ownership ruling No word yet on whether latest court decisions will also be appealed

By TOM STAUSS Publisher ccording to an account in a local weekly, the seven plaintiffs who were rebuffed by two Accomack County Circuit Court judges in their efforts to rein in the influence of CCG Note, the Cove’s declarant/developer, in Cove affairs intend to appeal one of the rulings.

The Eastern Shore Post weekly quoted Teresa Birckhead, the lead plaintiff and president of the Concerned Citizens of Captain’s Cove, that the plaintiffs intend to appeal an earlier ruling by retired Judge Revell Lewis III pertaining to the ownership and access rights to Captain’s Corridor.

Birckhead made that intention known on social media soon after that ruling, in which the judge determined that a 1200-foot section of Captain’s Corridor in the vicinity of a planned townhome

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development at the east entrance into Captain’s Cove and State Line Road was developer-owned.

He determined that west of the center line of Captain’s Corridor in that area is owned by the limited liability companies that plans to develop the townhome site, while east of the center line is owned by CCG Note, the Cove declarant/developer.

Judge Revell Lewis determined that public access to that section of Captain’s Corridor could not be denied, and that Captain’s Cove Golf and Yacht Club, since it did not own the roadway at issue, could not deny the townhome developer access to its property via Captain’s Corridor.

The Post article did not quote Birckhead one way or the other about whether she and six other plaintiffs would appeal the September rulings by Judge Lynwood Lewis.

But since the article was mostly about the Sep-

Trunk or Treat was a festive gathering for Cove residents who participated.

tember rulings, the omission of any reference to an appeal suggests that it won’t happen, because of cost, challenges in raising funds to finance it, or a judgment by the plaintiffs that chances of prevailing on appeal are poor, or all of the above.

The Post article also was notable for quoting Birckhead that the legal expenses associated with the litigation has already cost about $275,000, coming from more than 500 households.

In addition to those expenses, the plaintiffs are facing additional legal expenses resulting from Judge Lynwood Lewis’ ruling from the bench that one of the defendants, CCGYC, was entitled to have its legal expenses covered by the plaintiffs.

That’s an indication that the judge found little merit in the plaintiff’s arguments.

It’s also possible that CCG Note, the other defendant in the Birckhead litigation,will file to have its legal expenses covered by the plaintiffs.

Several sources told the Cove Currents that they are not sure of the accuracy of the $275,000 in legal expenses quoted in the Post article.

An informed source said he understands that CCG Note legal expenses incurred to date are less than half the $275,000 incurred by the plaintiffs.

CCGYC President Mark Majerus said that association legal expenses to date are about $175,000, significantly less than that incurred by the plaintiffs.

To Page 44

CAPTAIN’S COVE CURRENTS

November 2024 Ocean Pines PROGRESS 43

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44 Ocean Pines PROGRESS November 2024 Appeal

From Page 42 John Costello, a candidate for the CCGYC Board in this fall’s election, was pointed in his dismissal of the $275,000 number.

“I don’t believe that dollar figure, nor does anyone that I have spoken to with intelligence,” he said in an email to the Currents. “Myself, Tim [Hearn], Mark [Majerus], and a few others were quite certain that the court would find in favor of the defendants. What I find interesting is they had absolutely no case, and I believe Doug Kahle [the plaintiff’s attorney] told the seven [plaintiffs] what they wanted to hear ...”

“After the Birckhead et al. legal and county decision losses have climbed to 32 in a row, it would be frustrating if CCGYC had to continue to waste its resources of money and personnel on their appeal,” Hearn said. “ Birckhead et al. tries to act like they know the law just so that they can try and intimidate others. Neither their intimidation tactic nor their legal claims have had even had 1 percent success [rate].”

Birckhead did not return a Currents phone call and text asking for verification of the $275,000 in legal fees mentioned in the Post article.

In remarks from the bench Sept. 24 that took all of 20 minutes, Judge Lewis said that the Board of Directors of a property owners association is obligated to follow governing documents, which in the case of CCGYC are the declarations of restrictive covenants, articles of incorporation, and the by-laws.

He noted that three claims in the Birckhead litigation had already been resolved by retired Judge Revell Lewis III and that he would be ruling on the rest.

Another claim, that Cove investor Stonewall Capital had not paid assessments owed the association, was “non-suited” earlier in the trial, leaving four issues to be resolved.

Perhaps the most critical remaining issue in the litigation involved responsibility for building roads in Sections 1-13 of Captain’s Cove.

The plaintiffs sought a determination by the judge that the Cove’s governing documents do not confer upon the CCGYC Board of Directors the right or obligation to build new roads in Captain’s Cove. They wanted a court order to enjoin the CCGYC Board from doing so in the future.

Accepting the argument made by the defendants, Judge Lewis noted that Captain’s Cove roads were transferred to the Association in 1973 and since that time the Association has paved many of those.

All streets transfered were those platted on the recorded subdivision map, he said.

He discussed Cove Declaration #12 with regard to the community’s welfare and the responsibilities of the Association,and he then reviewed both Websters and Black’s Law Dictionaries definition of the word “improvement.” The definition is important because CCGYC when it accepted the roads in 1973 took on the responsibility for improving the roads in its inventory.

Judge Lewis summarized the term to mean bring to a “more valuable condition” and “to increase the value or utility.” He noted that paving

CAPTAIN’S COVER CURRENTS roads increases the marketability of the association-owned lots, allowing the association to divest itself of those lots, reduce the property taxes and other costs of association-owned lots, and add new dues-paying members, all of which he said are beneficial to the association.

That the association may tar and chip platted roads owned by the association is an allowable act and not “ultra vires,” he said. Ultra vires is a legal term meaning acting beyond one’s legal power or authority.

Another issue in the case involved a dispute over whether CCG Note is required to service a loan mentioned in the 2012 Settlement Agreement between CCGYC and CCG Note, but which the defendants assert was never executed by the Cove association Board of Directors at the time.

Plaintiffs were seeking a court order requiring CCG Note to write a check to the Cove association covering annual payments of $50,000. Another possible outcome would have been a court order requiring the association to sue CCG Note to recover the disputed annual payments.

CCG Note attorneys argued for an outcome in which the declarant would be absolved of any responsibility for repaying a loan that it contends does not exist.

The declarant since 2012 has paid the debt service on three separate private loans used for road construction in Captain’s Cove, including build-out in Sections 12 and 13.

In ruling for the defendants, Judge Lewis noted that appeared to him that the agreement was drafted by the parties and not attorneys.

There was clear contemplation of a $1 million dollar loan in the agreement, he noted, but he also determined that no such loan existed and because of that “there is no obligation for CCG Note to make payment.”

Judge Lewis said that the CCGYC Board had exercised its “business judgment” in a collaborative matter and that the Court wouldn’t “second guess” the Board’s business decisions.

He noted that CCG Note had made payments to CCGYC in the timeframe after the settlement agreement and that this demonstrated that mutually beneficial decisions had been made among the parties.

He again ruled that the actions of the association were not ultra vires.

A third issue resolved by Judge Lewis concerned a question over whether CCG Note is authorized in governing documents to convey building lots in Section 13 to the Greenbackville

Volunteer Fire Department for possible use as a future site as an emergency medical satellite facility or firehouse.

This issue had seemed to be moot for some time, as the declarant has said it is no longer interested in having a facility built on numbered lots in Captain’s Cove. CCG Note is no longer party to a townhome project in which an alternative proffer of land to Greenbackville Fire Department had been made.

With regards to the proposed EMS station, Judge Lewis noted that the proffer of an alternate on land near the east entrance into Captain’s Cove where the townhome project is planned is not on land owned by the association.

He said that nothing has been presented to the Board with respect to an EMS facility and that CCG Note no longer owns the Mariner-Hastings parcel where the townhome project is planned.

Judge Lewis said that since the association is not involved in approving an EMS facility, he would not be issuing any injunctions or other actions sought by the plaintiffs.

Another issue conclusively resolved by the Court is whether Seaview Street has to be built

by CCG Note or is the responsibility of CCGYC to complete. Currently it’s on a priority list that a working group on roads has established.

Judge Lewis noted that Seaview Street is a platted, unpaved dirt road and that the Association owns 21 lots along it.

But he said he had discussed the issue of responsibility for road paving earlier and there was nothing “presented otherwise for the Court to rule over.”

Similarly, with respect to Starboard Street, Judge Lewis said there had been no preferential treatment to any lot owner or CCG Note and that the Board had not acted outside its authority in dealing with this street.

There is no action for the Court to take regarding Starboard Street, he said.

In a comment that covered the contentions by the plaintiffs in all the issues they raised, Judge Lewis said that claims that CCGYC or CCG Note had violated the Declaration of Covenants were “too unspecific and overly broad” and that in any event there was “nothing for the Court to rule or act upon.”

Judge Lewis then closed the case, after granting the association’s attorney request to draft an order reflecting the judge’s decisions delivered from the bench. [See article elsewhere in this edition for details.]

CCGYC to make voter list accessible

By TOM STAUSS Publisher CGYC has yielded to a request by Gini Weslowski, a candidate for the Board of Directors this fall, to provide her with a members’ list of those eligible to vote in the fall. The decision allows Weslowski to copy the names at her expense.

Inititally, the Property Management Team balked at making the list accessible, suggesting that Weslowski take up the matter with Virginia’s ombudsman for HOA affairs.

Her attorney, Zachary Handlin, of the Chesapeake, Va., law office of Kinser, Leftwich and To Page 44

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CAPTAIN’S COVER CURRENTS

November 2024 Ocean Pines PROGRESS 45

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$10,000 4/1982 Wooded $10,000 4/1984 Wooded $10,000 4/1988 Wooded $10,000 4/1991 Wooded $10,000 4/1992 Wooded $10,000 4/1994 Wooded $10,000 4/1998 Wooded $10,000 4/2001 Wooded $10,000 4/2037 Wooded $10,000 4/2040 Wooded $10,000 4/2052 Wooded $10,000 4/2056 Wooded $10,000 4/1879 Wooded, Pond Front $13,000 9/71 Cleared $13,500 10/4 Cleared, Septic Approved $15,000 9/185 Cleared

46 Ocean Pines PROGRESS November 2024

Birckhead seeks legislation to curb declarant’s voting rights

CAPTAIN’S COVE CURRENTS

Would preclude eroded or unbuildable lots from being voted in annual Board elections

By TOM STAUSS Publisher oncerned Citizens of Captain’s Cove President Teresa Birckhead said in a recent social media post that her organization recently met with the state senator whose district includes Captain’s Cove to ask him to introduce legislation that would reduce the ability of Declarant CCG Note to participate in annual Board of Directors elections.

The senator was Bill DeSteph, who represents Virginia’s 8th senatorial district. A Republican, he is based in Virginia Beach.

“We actually met with our state senator a few months back [asking him] to introduce legislation to prevent declarants from voting [their] eroded or unbuildable lots,” Birckhead said in her post, adding in

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another post that DeSteph and his staff liked our three ideas and are working to introduce legislation for the next session.”

That would be the session that begins Jan. 8 of next year.

The earliest this legislation, if passed, could affect Cove elections would be in the fall of next year.

The post did not clarify what “three ideas” that Birckhead and her group presented, but presumably it would be additional ideas designed to erode the ability of CCG Note to cast votes in annual Captain’s Cove Golf and Yacht Club elections.

It’s possible that the request to DeSteph would be to eliminate the right to vote altogether.

Bickhead’s social media post did not go unnoticed.

Tim Hearn, a former CCGYC Board member and president who

is running for an alternate seat on the board this fall, wrote to Senator DeSteph on July 22 to ask him not to introduce the legislation sought

by Birckhead.

“I was troubled by her statement that it appears that she has convinced your office to introduce legislation which would preclude certain members of the Captain’s Cove Golf & Yacht Club, Inc. (CCGYC) from voting in association elections,” a reference to CCG Note, the Cove declarant. CCG Note holds Class B membership in CCGYC, controlling roughly 1,200 lots that can be voted in the annual Board of Directors election.

In his letter to DeSteph, Hearn noted that CCG Note “entered into a Settlement Agreement with the Association in 2012. The terms of the agreement required both parties to

Voter list

work together for the betterment of the community. With the Declarant only being able to have three of its members be on the eight-member CCGYC board of directors, community members have held the majority of seats on the board for the last 10+ years.”

Hearn contended that Birckhead “has many times presented a separate agenda or proposal for which she has not been able to secure her neighbors’ support, be it as board members, or in the annual election process.

“She has chosen to make false accusations against her neighbors and the Declarant, none of which have ever been substantiated. These include claims made in circuit court, where she is batting 0.00 percent in terms of a judge supporting her accusations,” Hearn said.

Hearn told DeSteph that while he understood that elected officials are required to meet with their constituents, “I hope that the prejudicial legislation Teresa Birckhead has presented to you is not an item which your office would support. The Capu

From Page 44 Kahle, wrote a letter to the Cove association Oct. 28 demanding access to the list and threatening legal action under Virgina Code Subsection 13.1845 if it was not made available.

He quoted the statute verbatim. It was unambiguous. An HOA member is entitled to request and obtain access to voter lists. If the HOA declines to provide it, the statute stipulates that the member can seek immediate redress in “the circuit court of the county or city where the corporation’s principal office ... is located.”

The statute says the Court “may summarily order the inspection or copying at the corporation’s expense and may postpone the meeting for which the list was prepared until the inspection or copying is complete.” In this case the meeting would have been the annual meeting scheduled for Nov. 9.

CCGYC President Mark Majerus told the Cove Currents in an email Nove. 1 that shortly after receiving the letter from Waslowski’s attorney, and with the benefit of legal advice, the decision was made to make the list accessible and available for copying.

“In the past, the association has been reluctant to distribute the list of ‘eligible’ voters as this list contains the names of members who are current in their dues,” Majerus said. “When compared to the members list, which is a list of all property owners within the ... association, one could infer which members are NOT current in their dues.”

He said the association stopped providing the voter list “a number of years ago, when the Virginia Properties Owner Association Act was updated regarding the release of individual member’s records.

“On the surface, it would appear that this statute [cited by Waslowski’s lawyer] and that of the Non-Stock Corporation Act have conflicting requirements.,” Majerus said. But in effect the decision was made to follow the language in Subsection 13.1-845 “under the guidance of our counsel of record.”

Both lists were prepared by the Association and “submitted to our counsel who in turn provided them to Ms. Weslowski’s counsel,” Majerus said. ”Ms. Weslowski’s application stated that the purpose was ‘for a better understanding of the voting process’. She further agreed ‘not to distribute the document or any sections thereof to the general public or to use it for commercial purpose’.

November 2024 Ocean Pines PROGRESS 47

CAPTAIN’S COVE CURRENTS Voting rights

Declarant to deed over Treasure Island access parcel to association

From Page 46

tain’s Cove Declarant pays taxes on these lots; volunteers their time to be on the Board; and subordinate’s their interests to the community at large by abstaining from votes so that community residents can determine the vast majority of decisions.”

Hearn suggested that DeSteph meet with the CCGYC Board to hear “a more intelligent and thoughtful outlook as to their decision-making process. That has been the outcome when Accomack County Circuit Court judges have weighed in, as well as the Virginia Property Owner’s Association Act Ombudsman’s office.”

The Currents has reached out to Senator DeSteph for confirmation on whether he intends to introduce legislation on behalf of Birckhead and the CCCC, and, if so, precisely what restrictions on CCG Note voting rights it would seek to curb.

Neither Sen DeSteph nor his legislative assistant returned a phone call in time for this edition of the Currents.

Hearn says resolution of Birckhead litigation facilitates transfer, and that in turn will facilitate resumption of Treasure Island for use as dredging spoil site

By TOM STAUSS Publisher wo developments in recent months makes it likely that Captain’s Cove Golf and Yacht Club will resume its delayed dredging program.

The first has been extensively reported: The CCGYC dredge boat, damaged in an incident last year that some say was the result of vandalism, has been repaired, with the cost reimbursed by the association’s insurance company.

The second development was anticipated, and now has been confirmed by Tim Hearn, a candidate for the CCG Board of Directors’ alternate position this fall with close ties to the Cove Declarant’s representatives on the Board.

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The second impediment to a resumption of dredging had to do with a decision by CCG Note, the Declarant, to withhold access to Treasure Island, the Cove’s dredge spoil site that has perhaps one year of remaining capacity, via a causeway called Treasure Island Drive.

CCG Note informed the association that its maintenance crews would not be allowed to traverse Treasure Island Drive as long as the Declarant was being sued by a group of Cove residents. All of the issues raised in the so-called Birckhead litigation, named after Concerned Citizens of Captain’s Cove president Teresa Birckhead, have been resolved in the favor of CCG Note and CCGYC in decisions rendered by two To Page 49

48 Ocean Pines PROGRESS November 2024

CAPTAIN’S COVE CURRENTS

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CAPTAIN’S COVE CURRENTS Treasure Island Drive From Page 47 Accomack County Circuit judges.

Judge Lynwood Lewis even went so far as to award attorney’s fees to CCGYC as a prevailing party in the litigation, once a fee proposal submitted to the court by CCGYC lawyers. CCG Note also has the option of requesting the Court to order the Birckhead plaintiffs to cover its legal costs in the protracted litigation.

An appeal to Virginia’s Court of Appeals is a possibility but had not been filed as October drew to a close.

Appeals are expensive.

“Now that the Birckhead et all legal matter has been resolved, [CCG Note] will be deeding [Treasure Island Drive] to CCGYC,” Hearn said in a recent post on the Cove Web site’s member forum.

In an email to the Cove Currents, Hearn said “there are seven other properties from which CCGYC could access Treasure island, but the property owned by CCG Note provides the most straightforward access point, if a permit can be obtained from the Army Corps of Engineers.

“The post on the Members Forum by Hearn about the decision to deed Treasure Island Drive to the association was in the context of an extended online debate with Gini Weslowski, a candidate for the CCGYC Board in this fall’s election.

She said that “I would like to know what the current developer sees as its role in this community.

Typically, the Developer builds out the community- roads, common areas, homes, etc, establishing the community. Our original developer did these things. This developer has claimed the benefits of being a developer but has not developed anything, and has assigned that responsibility to the Association.

“I would like to know what the developer feels its responsibility to the community is, and when they anticipating allowing the dues-paying members to govern themselves.

I also want to know why the Board of CCGYC has not asked these questions of the developer. I would think a board committed to the best interests of the community would ask these questions.”

Hearn did not allow those comments to remain uncontested.

“One of the more egregious misstatements is when someone says that the investors in CCG Note, LLC (the Declarant) are not true To Page 51

November 2024 Ocean Pines PROGRESS 49

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CAPTAIN’S COVER CURRENTS deal about the fact thatpurchase the Associlowed the association’s of Duffy ation is goingtotobepay money tofrom put Treasure Island Drive the property completed From Page 9

From thatPage same49enjoyment to property of developers thatroads. they have having theand paved Theynever want invested their money in improving to be able to do that to other areas the community.

The And CCGYC organiin the community. as we’ve eszational documents provide the this retablished through the evidence, quirements of a Declarant, CCG is all authorized conduct. and It’s in the Note has met those standards.

Declaration, and it’s also in the ar“They are business And people, not ticles of incorporation.

I think your fairy godmother, and to assign plaintiffs tried to avoid this article financial on them are as muchburdens as possible, butwhich I remind the responsibility of others, is just you, Your Honor, the Articles of Innaive.

There Article have been numerous corporation, 2, paragraph 2, times over the past 12 years that the Association has thewhere right CCG Note has stepped up andand/or proto repair, maintain, rebuild vided financial assistance where beautify all streets and fairways. it was not required to do so,” he said.

While she said there is no active He listed some of those items: plan to pursue roads build-out in • “In 2011, the former board and Captain’s Cove, “it is all conduct community at large chose to purwhich is authorized by the governsue the purchase of the majority of ing document. There is also noththe Marina Club property it did not ing about the proposed plan with own. Due to the poor financial condirespect to these roads that indicate tion of Captain’s Cove Golf & Yacht some form of singular benefit to Club, Inc. (CCGYC), all commercial CCG Note. lenders the then board members She then moved on to the Starand General Manager approached board Street bulkhead issue. declined to offer any loan terms for the acquisition of the property. It Starboard was CCG NoteStreet who ultimately pro“The have a albig vided theplaintiffs $3 million loanmade which

a bulkhead Starboard the banks whooncontrolled theStreet, propalong the was street, mind you, rather erty.

That a 10 year committhan of[forcing] to bulkment capital CCG by theNote members of headNote, its lots themade marsh side...the CCG andonwas during “There absolutely no requirebleakest of is financial circumstances, mentthe by former the Association after developer for hadowndeers onbankruptcy, the marsh side clared and of theStarboard associaStreet install a insolvent bulkhead.itself And tion wastofinancially you heard some testimony as to as well.

No one from the Birckhead why that is. toThat marshland is faction offered participate in that heavilyprocess. regulated. It would be very lending difficult to Iget [bulkhead] permits.

• “When was raising close to a On some occasions, you can’t even million dollars to re-capitalize and do dredging. continue operations of the Captain’s “The Association only over ever Cove Utility Companyhas in 2011, required ofbulkheads to be installed $500,000 investments were made on lots a canalofand a paved from the on members CCGonNote over road.

That notyears the marsh side the next fiveis(5) to improve of Starboard So there is that company’sStreet. financial health. no waythis we’re goingwas to ignore CCG Again, money committed failure put up a bulkhead, atNote’s a time when to the former operators no as requirement for ofbecause utility there’s company, part of their CCG Note to put had up a sent bulkhead. bankruptcy case, shut-off “AndtoI want to remind you, Your notices the 450 homeowners in Honor, the purpose the bulkhead the community that of services would that’s been proposed for Starboard be discontinued.

Street, it’s to protect Starboard.

• “In addition, when the former It’s to members reduce theofflooding that board CCGYCso indithe other homeowners, class A cated a need in 2011 tothecontinue members have lots and homes using the who Maintenance buildings,

August 2024 Captain’s Cove PROGRESS CURRENTS 51 14 November 2024 Ocean Pines on that road yard, don’t have to worry so ment, s id the basis plaintiffs have maintenance golf course mainon anshe emergency to transmuch about action or tenance shopthat andridiculous yard, andflooding vehicle not fer established spoils from that theirany former locathat youarea saw,”from Duffy said. action by the Association related storage the utility compa- an tion on Seaview Street (which had theillegally 2012 settlement agreement ny, the Members of CCG Note who to been constructed on other is a violation of the governing dochad invested in the utility company, people’s lots by the former GenEMS station issue uments. agreed to go along with that even eral Manager with board approvDuffy said she thought this issue entitled, via though rental in options from al)“The CCGAssociation Note madeisseveral acres was laidmultiple to rest earlier the trial. the governing documents, to enter builders and contractors would have of land available to CCGYC at no “You heard testimony from Mr. into contracts, which would include yielded over $400,000 in rental incost on land it owns in Section 15.

Majerus this afternoon. The Associinto CCG a settlement come past 12the years.

Every entering In addition, Note hadagreealso ationduring never the approved {proffer} ment.

So there’s no question that time you play golf or see the R&M permitted CCGYC to temporarily statement. No one has asked the entering settlement team in operation, it might be help- simply use a lot it ownsinto at noa cost so that Association to approve the [proffer[ agreement is not an {action beyond ful to recognize that the land and CCGYC could more easily access statement. There is no vote. There’s legal authority.] buildings these departments use are its Treasure Island spoils site, and no plan to make a vote. Quite simowned by CCUC and the investors of now that the Birckhead et al. legal ply, this is not anything that is being the Declarant are being used by matter has been resolved, it will be considered by and the Association.

Road financing issue CCGYC at no cost. deeding this to CCGYC.” ‘And in light of the fact, Your HonDuffy then spent considerable • “During the sale of a portion of Hearn said the listed Declarant or, that CCG Note doesn’t even own time in her closing remarks to disthe utility company’s assets to Aqua contributions exceeded $4.3 milHastings Mariner anymore, I would cuss the 2012 settlement agreement in 2015, CCGYC requested to receive lion, and “these do not include othbe quite surprised to see if this ever with respect to the issue of financabecomes payment $170,000 as part of er significant items CCG Note has anofissue for the+-board. ing new road construction. the“But transaction, and the members of contributed to the community over beyond that, your honor, “The Association hasn’t completeCCG not object though the past decade. Claiming that thereNote is nodid actual case ofeven controverly walked away from this document there were othertoalternatives which CCG Note does not act like a develsy with respect the EMS station, and said, oh, well. No. What the did not require this payment to be oper, it reads to me that there are because there is no planned action.

Association has done after learnmade. at least $4+ million reasons why There’s not even anything in front of ing that there was an issue with a • “As was agreed to by Birckhead that is an uninformed statement.” the Board to consider. provision within it, is despite not et al. in their Stipulation Hearn also laid out no hope or “What the signed plaintiffs want youof having a loan that was represented Facts, CCG Note has committed and expectation that the Declarant to do is issue an advisory opinion, as existing at the time of the settlefunded close to $300,000 of additional will forgo voting in accord with the which I know your honor is very well ment agreement, and despite efforts cash to CCGYC from 2016-2024.

2012 Settlement Agreement. aware, is not permitted,” she said. by the board early on to actually obX •Citing “When CCGYC needed a location To Page 53 the 2012 settlement agree-

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52 Ocean Pines PROGRESS November 2024

CAPTAIN’S COVE CURRENTS

CAPTAIN’S COVE CURRENTS Treasure Island Drive From Page 51 “There is no provision that I am aware of which would allow you the ability to deny CCG Note their rights to vote as a property owner in a board election. And given the needless and wasteful lawsuits that CCG Note has been dragged into, as well as the disparaging and misleading/untruthful remarks made by the A Team [a slate of candidates running for the Board this fall] and Birckhead et al. towards CCG Note, expecting them to show sympathy to Birckhead et al. and its supporters is not a credible expectation from my business experience,” he said.

Prior to the 2012 Settlement Agreement, Hearn noted that past Declarants had the ability to have 100 percent of their representatives [to serve] on the seven-member Board.

“As a condition of that agreement, CCG Note agreed to reduce that to three, which is a minority. All of this was disclosed to you when you purchased your property,” Hearn advised Weslowski, “so I don’t see the connection with someone now having buyer’s remorse about the terms and conditions they had full knowledge of, and another unrelated party to your home purchase having to give away its rights just because of that buyer’s remorse.”

Hearn said that from his perspective, “a Board which is made up of the Declarant’s representatives, representatives from the homeowners, and representatives from the lot owners, is more inclusive than the A Team proposal of it being 100 percent homeowners.

For someone to suggest and imply that the Class A Members who have served on the Board after 2012 are in the pocket of the Declarant is just absurd, and is a baseless accusation.

“I found especially laughable when one of the A Team members accused me of voting in lockstep with the Declarant during the time that I had served on the Board. That is truly someone who either has no problem being untruthful, or they ignore the most obvious of details.

A review of my voting record as a Board member will prove that 100 percent of the time I voted alongside the majority of the Class A members on the Board,” he said.

In response to Hearn, Waslowski repeated her question about when the Declarant will give up rights to vote in Board elections. There are no announced plans to do so.

November 2024 Ocean Pines PROGRESS 53

Audit report for 2022 awaiting final fixes Upon completion, it will be released on the CCGYC Website

By TOM STAUSS Publisher he much-anticipated and delayed audit report for 2022actually was delivered to Captains’ Cove Golf and Yacht Club in October, but it was not quite ready for release to the membership, CCGYC President Mark Majerus told the Cove Currents in a Nov. 26 telephone interview, Majerus said that the report arrived but there were a few minor issues with the report’s footnotes

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that the property management team in consultation with Board members wanted to be adjusted before a final version is released.

There were no mistakes in the financial reporting of the audit itself, he said.

He said that while he thought the fixes were not of major significance and could be made fairly quickly, the auditors might want to take a little longer than might be expected because of the sensitivity of To Page 54

54 Ocean Pines PROGRESS November 2024

Election results to be announced at Nov. 9 annual meeting

CAPTAIN’S COVE CURRENTS

Fate of CCCC-endorsed candidates to be determined

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

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annual meeting of the association.

The meeting begins at 10 a.m. Unlike Board of Directors meetings or Property Management Team meetings, the annual meeting will not be live streamed.

Expectations are that it will be recorded, however, with the recording available soon after the meeting’s conclusion.

While member comments are usually a lively feature of annu-

al meetings, the most anticipated agenda item will be the announcement of results of the 2024 Board of Directors election.

There are four seats and one alternate seat that will be filled this year.

Two incumbent directors are running for three-year terms, as are two former Board members.

A former director is running for the alternate seat, a position that often has been a springboard for subsequent elevation to a regular seat u when a vacancy occurs.

Audit report From Page 53 the report.

“They want to get it right, and course we want the same thing,” he said.

Once the final version of the 2022 audit is delivered, Majerus said it will be posted on the Cove Website, and the 2023 audit will be quickly finalized and released to the membership.

He was unable to guarantee that the 2022 will be finalized before the annual meeting of the association on Saturday, Nov. 9.

The delay in the 2022 report was the result of the failure of a management company affiliated with Troon Golf to deliver financial reports to CCGYC for the first six months of the 2021-22 fiscal year. That resulted in the ouster of the Troon affiliate as CCGYC’s management company, and dueling litigation over unaccounted for funds that were estimated in excess of $500,000.

The litigation remains unsettled.

After a forensic audit of Troon financial records for the six months it managed Cove financial affairs by accounting firm CohnReznick, followed by attempts to recreate the financial activities in the six months for which Troon had not delivered reports, it was finally possible for the association’s audit firm, Rosen, Sapperstein & Friedlander, to begin the audit process.

No one is expecting what’s known in the business as a “clean” audit. It probably will contain a caveat to the effect that the auditors can’t guarantee the accuracy of all the numbers that are reported.

According to financial documents that are posted on the association’s Website, it appears that CCGYC will show a loss for the 2022 fiscal year.

Much of that will be the result of the way bad debt expense is accounted for on the books.

November 2024 Ocean Pines PROGRESS 55

CAPTAIN’S COVER CURRENTS Annual meeting From Page 54

The election is shaping up as a contest between two competing slates of candidates, one that is endorsed by the Concerned Citizens of Captain’s Cove advocacy group, calling itself the “A Team,” and another group of candidates likely to receive the backing of CCG Note, the Cove’s declarant/developer.

The CCCC-endorsed candidates include Gini Weslowski, Cathrine Malstrom, John Hvizda and Patti Borrelli.

The group also has endorsed Tom Polaski for the alternate position.

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

Five candidates not endorsed by CCCC are likely to receive CCG Note votes.

They include incumbent directors Jim Silfee and Michael Glick, both of whom are investors in CCG Note.

They also include former directors CCG Note investor Roger Holland and John Costello, a Class A member who also is a former CCGYC department head. After moving out of Captain’s Cove earlier this year, he recently acquired a lot in Captain’s Cove to enable him to run for the Board.

That makes three candidates running for the Board who are affiliated with Class B member CCG Note.

A former CCGYC Board member and association President Tim Hearn is running for an alternate seat.

A Class A member, he has been a past business associate of the CCG Note candidates.

He’s also the local representative for the limited liability company that is developing a townhome project at the east entrance into Captain’s Cove at State Line Road. Until he resigned from the Board last year, he had been president of the association for most of the years after the 2012 Settlement Agreement was negotiated by CCG Note investors and a former Board of Directors.

Hearn running for the Board as an alternate has generated a conspiracy theory on local social media that he’s angling for a regular seat on the Board, but he has scoffed at it. If he wanted to be a regular mem-

ber of the Board he would have run for it, rather than the alternate position, he has said.

He has said his primary motivation for running is to jump-start efforts to collect delinquent assessments owed the association, and he’s proposed hiring multiple law firms to assist in working through a backlog of roughly 500 delinquent accounts.

In any event, the annual meeting will be the forum in

which the effectiveness of the CCCCbacked campaign on behalf of the socalled A Team will become clear. The objective of the campaign has been to generate about 1,200 votes to offset the built-in advantage of candidates supported by the Declarant.

Historically, about 500 to 600 votes have been cast for Class A member candidates who do not receive CCG Note votes.

There are somewhere between 2,350 and 2,400 lots in Captain’s Cove whose owners are eligible to vote in annual

Board elections, so that means historically that candidates who aren’t supported by CCG Note Class B vote receive about 25 percent of the eligible votes. Should CCCC reach its goal of 1,200, then it could credibly claim that it has the support of roughly 50 percent of Class A members in Captain’s Cove.

Another question that will be answered by the results announced at the annual meeting will be whether the Declarant will have exercised To Page 57

21530 Taylor Rd., Accomac VA 23301 • 757-787-7783

56 Ocean Pines PROGRESS November 2024

CAPTAIN’S COVE CURRENTS

November 2024 Ocean Pines PROGRESS 57

CAPTAIN’S COVE CURRENTS Annual meeting From Page 55 its right under the 2012 Settlement Agreement to cast three votes for every lot in owns in Captain’s Cove.

The enabling provision in the agreement is language that says three votes can be cast if, in the previous fiscal year, the CCGYC lost money.

Although there is no audit report for the 2022-23 fiscal year that ended a year ago, financial reports available on the CCGYC Website indicate that the association recorded a deficit for that year.

The Cove Currents has been told by reliable sources that CCG Note has exercised its rights under the 2012 agreement to cast three votes for each lot it owns in Captain’s Cove.

If that turns out to be true, then even if CCCC-endorsed candidates were to reach or exceed the 1,200vote threshold, they would fall well short of the votes needed to secure seats on the Board and gain control of it.

That is not likely to sit well with the A Team candidates and their supporters.

In an Oct. 28 letter to the Board, the five A candidates maintains that “the 2012 Agreement states that the Developer agrees not to use its 3:1 voting right as long as the Association is not operating at a deficit as determined by an annual audit.

There is no audit for FY 24 or FY23.

Without an audit, there is no provision for refusing to abide by the 2012 agreement not to use the 3 votes per lot. The voting deadline has passed (October 25 th ) with no audit, requiring that the developer receive 1 vote per owned residential lot.

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

What has sent the association into a deficit is the accounting for bad debts.

“Bad debt reporting has been handled inconsistently over the past few years, and has not been reported as operating expense either. This is simply for illustration, as the fact remains that there is no audit for FY 23 or FY24, requiring the developer to honor the agreement and not

Attorneys deliver draft order reflecting September decisions

by Circuit Court Judge Lewis Plaintiffs lawyers acknowledges draft but presents objections to it

A

ttorneys for Captain’s Cove Golf and Yacht Club and CCG Note, the Cove’s declarant/ developer, recently submitted a draft order reflecting a September bench decision on the Birckhead litigation by Accomack County Circuit Court Judge Lynwood Lewis that they hope he will sign.

The attorney for the plaintiffs, who lost all the issues decided by the judge, filed a response to the draft order indicating he had seen but objected to its findings.

Some of his objections could form the basis of an appeal of the judge’s rulings and that of retired Judge Revell Lewis III in February pertaining to the ownership and access to Captain’s Corridor in the vicinity of a planned townhome development at the east entrance into Captain’s Cove.

The draft order reads as follows: “Came all parties on June 11 and 12, 2024, by and with their counsel, for trial on the merits of the Plaintiff’s claims in their Complaints, as amended, in the two actions listed in the caption of this order, against the Defendants.

“Whereupon the Plaintiffs proceed to present evidence in support of their cases-in-chief against all defendants.

“At the conclusion of the Plaintiff’s cases-inchief, each Defendant moved to strike the Plaintiffs’ evidence as insufficient as a matter of law and for judgment in its favor on the grounds stated in the record. Whereupon the Court heard argument from all counsel in favor of and in opposition to the motions.

“Following argument on the motions to strike, the Court took the motions under advisement, whereupon the Defendants proceeded to present evidence in support of their cases-in-chief. At the conclusion of the evidence, each Defendants renewed its motion to strike, which the Court again took under advisement. The parties then proceeded to give their summation, following which the Court the proceedings to consider its decision.

“For the reasons stated on the record in open

use the 3 votes per lot,” the candidates say.

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

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

by CCGYC in the agreement, as stated in the very next line of the paragraph, which the A Team inten-

court on Sept. 24, 2024, this Court, sitting as the trier of fact, and based on the law and the evidence presented by the Plaintiffs and the Defendants, FINDS that the evidence of the Plaintiffs and the legal arguments of their counsel to be unpersuasive on the merits, as to each count claimed in these matters. Accordingly, the Court hereby FINDS its verdict for each Defendant on the issues joined, and hereby ORDERS that judgment be entered in favor of each Defendant as to all of the Plaintiffs claims them on both cases tried.

“This is not a final order. There remains for adjudication a claim by Defendant Captain’s Cove Golf and Yacht Club for an award of attorney’s fees and costs pursuant to Va. Code Subsection 55.1-1828(A) as the prevailing part in this action upon which the Court must still rule in order to dispose of the entire matter before the Court. Unless a party requests and the Court enters a suspending order, the order entered by this Court on the Defendants’ claims for attorneys’ fees will dispose of the entire matter before the Court and shall be final as contemplated

by Rule 1:1 of the Rules of the Supreme Court of Virginia. The parties are directed to meet and confer on a schedule for any discovery to be conducted on the issue of attorneys’ fee and for entry of an order regarding same. Counsel shall thereafter contact this Court regarding a date and time to be herd on the issue of attorney’s fees should an evidentiary hearing by necessary.

“And this cause is continued.”

Asking the judge to sign the draft order were attorneys James W. Walker and Alison Duffy, of O’Hagen Meyer, of Richmond Va., representing CCGYC, and Mark R. Baumgartner and associates from Pender and Coward, of Virginia Beach, Va., representing CCG Note.

Douglas Kahle, the plaintiffs’ attorney, presented a document objecting to the proposed order for the following reasons: 1. The Plaintiffs incorporated by this reference

tionally deleted in their message to the Board. By not having an audit completed, this would constitute a default of the 2012 Agreement, not an opportunity for those want to deny the 3:1 margin as stated in the CCGYC organizational documents,” Hearn said.

The president of the CCCC, Teresa Birckhead, has been in contact with the Virginia state senator

To Page 58 and has lobbied for state legislation that would reduce or eliminate the Declarant’s rights to cast votes in Board elections.

The earliest such legislation, if it’s enacted and signed into law, could affect Cove elections would be next year.

Hearn has contacted that state senator, Bill DeSteph, to push back against that idea.

58 Ocean Pines PROGRESS November 2024 Proposed order From Page 57

their objections and assignments of error noted and attached to this Court’s Feb. 24, 2024 interlocutory Order dismissing the Plaintiffs’ claims relating to Captain’s Corri-

dor entered in the matter of Teresa Birckhead, et all vs. CCG Note, et all in response to CCG Note’s demurrer.

2. The Court committed error justifying the Association’s alleged ultra vires actions by application of the business judgment rule.

3. The Court committed error

CAPTAIN’S COVE CURRENTS with its interpretation of the 2012 edly acknowledging the existence of Settlement Agreement given the that obligation, failed to take action Agreement required CCG Note to to collect such sums, and has instead pay $50,000 per year for 20 years to levied assessment on the property the Captain’s Cove Golf and Yacht owners for work that should have Club for debt service on a loan, and been paid for with the sums payable given the evidence that the Associa- pursuant to the Agreement, all in vition has, without cause, after repeat- olation of the Declarations of Covenants and Restrictions for Captain’s Cove.

4. The Court committed error with its construction of the terms “improve” and “improving” as those terms define the Association’s scope of authority found in the Declaration, given the parties’ joint stipulation that “putting chip and tar on an uncovered surface, be it dirt, sand or grass” constituted building or constructing a road, not improving an existing road.

5. The Court committed error when it found the Association’s proposal to apply chip and tar on previously uncovered surfaces fell within the scope of its authority to improve existing roads, and did not constitute the ultra vires act of building or constructing new roads.

6. The Court committed error with its construction of the term “improve” and variation thereof, since words in the Declaration which authorize the Association to levy assessments on property owners must be strictly construed and under the principles of strict construction, “improve” must be read together and interpreted narrowly with the more limiting words such as “maintain,” “repair,” and “rebuild,” which are found in the Declaration and in the Association’s Articles of Incorporation.

7. The Court committed error when it dismissed the Plaintiffs’ claim related to the Association’s obligation to mitigate Starboard Street’s flooding.

8. The Court committed error when it dismissed the Plaintiffs’ claim related to the Defendants’ proposal to allow a firehouse to be constructed on lots designated for residential construction only.

The defendants’ lawyers, during Court proceedings, had rebuttals for most of the assertions in Kahle’s response.

The judge has the option of holding a hearing on the proposed order, or he could just sign it over Kahle’s objections.

Signing the order opens up a 30day window for an appeal to the Virginia Court of Appeals, which by Virginia law is obligated to consider it.

CAPTAIN’S COVE CURRENTS

November 2024 Ocean Pines PROGRESS 59

A Team candidates allege that Board has considered voting association-owned lots

T

Majerus says idea has never been brought up discussion

he five candidates running as the “A Team” in this fall’s Board of Directors election have raised the possibility that the current Board has considered giving lots owned by CCGYC membership and voting rights.

Although there never has been any public consideration of this idea and no sitting director supports it, the A Team candidates are not convinced of that and raised objections to the idea in an Oct. 29 letter to the Declarant, CCG Note, and the Board of Directors.

“When these lots were used for making up a quorum last year at the annual meeting, there were objections. We were told that our counsel’s legal opinion was that this was only for establishing a quorum, not for voting, It was not clear then, and remains unclear now, how this determination was made,” the candidates write.

“If the Association were to decide that CCGYC is a member with voting rights it could only be a Class A member. Therefore, the board would have no justification for casting these votes for the developers candidates, and would be bound to cast them along with the vast majority of Class A members.

“To do otherwise would provide clear evidence that the current Class A Board members who were elected by the developer, represent the developer, (and side with the developer 99 pervcent) of the time), are therefore controlled by the developer. That violates the 2012 agreement limiting the developer to three members affiliated or controlled by the Developer.”

The candidates say that if CCGYC is to be declared a member with voting rights, “the ballot deadline has passed. If the BOD has already cast the CCGYC votes, when did the Board vote on who would cast these votes, how it would be determined who to vote for? This does not qualify for an exemption to the open meeting requirements, so this vote would have to have been cast during an open board meeting, with opportunities for member comment.

It was not. If the ballot has not been cast yet, it is too late to do so.

“Finally, we point out that all of

our organizing documents make it clear that only numbered, residential lots owned by a member are to be used for voting purposes It appears that the List of Eligible Voters we recently received includes some lots that are not residential. This

should be corrected, and the auditor notified.”

It is not clear where the candidates obtained their information about the possibility of voting member-owned lots.

The Cove Currents has been told

in no uncertain terms that this idea has never been broached or considered by the Board.

“The Board of Directors has not considered using the Association-owned lots for the purpose of voting for candidates of the Board.

This topic has not been discussed at any Board meeting: no such motion has been made or considered in any open or closed session.

“Any notion of this event occurring is simply a work of fiction,” CCGYC President Mark Majerus said in an email.

60 November 2024 Ocean Pines PROGRESS

CAPTAIN’S COVE CURRENTS

Old railroad depot parcel to be acquired by Chincoteague Bay Field Station Ownership change could jump-start efforts to preserve the historic building before it falls into the bay

By TOM STAUSS Publisher n old railroad depot located in Greenbackville, perhaps the most historic building in Northeastern Accomack County, may soon become the property of Chincoteague Bay Field Station on Wallops Island.

It’s in danger of falling into Chincoteague Bay. That will pose a real challenge to the marine science education consortium that by year’s end expects to acquire the 1.6-acre parcel where the railroad depot sits from the U.S. Department of Education.

For years, the field station has had an agreement with that federal agency to use the parcel for summer education programs that include beach and marsh restoration projects. An agreement to sell the property to the consortium was negotiated several years ago, with the actual transfer scheduled to take place by the end of this year.

When that happens, the field station will also acquire the railroad depot and a nearby classroom building, no longer used and with no historic val-

A

ue. But what to do with the railroad depot, which dates back to 1876 and a time when the area was to become home for a thriving village called Franklin City, will be a dilemma facing the new owners. The field station doesn’t have the funds to move or restore the building, and there likely would be local community pushback if there is an attempt to demolish it.

There was local opposition four years ago when the U.S. Dept. of Education sought bids to raze both buildings. That idea was abandoned, and a plan was announced to find someone, anyone, willing to move the depot from the parcel.

Those efforts were unsuccessful. Four years later, the situation has not changed, other than pending new ownership of the bayfront parcel and further deterioration of the historic depot.

Letting nature takes its course -- one storm could wash it into the bay -- is not a good option, either.

Ashley Pulscak, university research coordinator for the Chincoteague Bay Field Station, has taken a keen interest in the old depot and hopes to be able to jump-start efforts to find a new own-

er with the wherewithal to move it, restore it, and perhaps convert it into a museum dedicated to the memory of Franklin City.

“We’re really no closer than we were in 2020 to find a new owner for the depot,” she said. “Assuming that the land transfer happens by the end of the year, perhaps there can be a renewed effort to preserve this historic building. It would be great if we could get the community involved to make that happen.”

The depot is very much a part of the Eastern Shore’s railroad history that connects both the Virginia and Maryland portions of the Delmarva Peninsula.

According to published accounts, there were actually two separate railroads that operated on Virginia’s Eastern Shore.

The first, initially named the Worcester Railroad, included less than a mile of track south of the Maryland border in the northeastern tip of Accomack County and lasted until 1956. It extended to today’s Greenbackville from Snow Hill in Worcester County.

The second, the New York, Philadelphia and Norfolk Railroad, is far better known. It was built eight years later for 66 miles down the center of the Delmarva peninsula, and lasted until 2018.

Though technically independent lines, both were dominated by the Pennsylvania Railroad. It controlled their connections to the urban customers who purchased the produce and seafood from the Eastern Shore.

What became the Delaware Division of the Philadelphia, Wilmington & Baltimore Railroad was extended south from Harrington, Del., in the 1850’s. The main line went through the center of the Delmarva peninsula to intercept the agriu

The old train station depot in Franklin City is in danger of failling into the Chincoteague Bay.

CAPTAIN’S COVE CURRENTS cultural trade, and reached Delmar on the Delaware-Maryland border before the start of the Civil War. The New York, Philadelphia and Norfolk Railroad was later built south from Delmar through Accomack and Northampton counties to Cape Charles.

After the Civil War ended, short branch lines were built on the eastern edges of Delaware and Maryland. One branch line starting at Harrington reached Snow Hill in 1872, 20 miles east of the main line.

In 1876, the Worcester Railroad built new track south from Snow Hill to the shoreline at Chincoteague Bay just south of the Maryland/ Virginia boundary, in an area that was to become Franklin City. Ferries connected Franklin City to Chincoteague, and trains shipped oysters from local packing houses to New York and Philadelphia.

That business made Accomack County one of the most prosperous counties in the U.S. in its heyday.

Trains arrived at Franklin City with the locomotive in front, facing the seashore. On the return trip to Snow Hill, trains backed up to a “wye” at the state line and a spur located at the fork of the “wye” allowed the trains to turn and with the locomotive in the front for the rest of the trip.

The new community of Franklin City was developed at the terminus, on the edge of the water.

Franklin City was named after John R. Franklin, a Maryland judge, stockholder in the railroad, and owner of the property where the railroad ended.

That may have been a factor in the decision to extend the track into across the border into Virginia.

The railroad lines on the Delmarva peninsula essentially were subsidiaries of the Pennsylvania Railroad, feeding traffic into the Philadelphia and New York City markets. In 1883, they were consolidated into the Delaware, Maryland and Virginia Railroad.

Sportsmen used the train to come to Assateague Island for waterfowl hunting, and local residents built hunting camps and served as guides.

Franklin City had a hotel and other businesses, including a barrel factory and seafood packing houses. A fire in the late 1890’s destroyed much of the city, but it was rebuilt and regained some of its prosperity.

The prosperity was not destined to last, however.

The oyster business declined, perhaps from over-harvesting.

The construction of a causeway from the mainland well west of Franklin City to Chincoteague in 1922 bypassed Franklin City, adversely affecting the local economy in a way that could not be reversed.

The Chincoteague Causeway, also known as the John B. Whealton Memorial Causeway, was completed on Nov.15, 1922. The causeway allowed road traffic to reach Chincoteague Island, which led to increased tourism and aided its thriving seafood trade to the detriment of Franklin City.

As roads improved, it became easier to drive to Assateague and Chincoteague for recreation and

Ocean Pines PROGRESS November 2024 61

Franklin City Main Street, circa 1910, at the height of its commercial success.

A railroad from Snow Hill led to Franklin City before it was finally decomissioned in 1957. Note the Y-shaped configuration at the Maryland-Virginia boundary. That’s where trains backing out of the Franklin City terminal were able to turn ariund facing forward on the return to Snow Hill and points north.

to ship freight by truck. The board of the Pennsylvania Railroad authorized abandoning the track between Snow Hill and Franklin City in 1955 and 1956, and service ceased in 1957.

The 1962 Ash Wednesday storm left Franklin City a ghost town.

Other than the old railroad depot, there’s very little left of the once thriving village.

62 Ocean Pines PROGRESS November 2024

CAPTAIN’S COVE CURRENTS

Fall Fest and Trunk or Treat Photos by Julia Knopf

Captain’s Cove residentss looking for a good time showed up in force at the annual Fall Fest and Trunk or Treat on Sunday, Oct. 27.

Second place winner for Head in a Jar was Percy Thompson.

Trunk or Treat winners included second place, Invisible Man, Travis Blevins; first place, Marionette, Noella Smith; first place, Jewelry Box Ballerina, Cali Rios; third place, Dozen Donuts, Cameron White; and third place, Homecoming Court, Brody Turlington and Teagan Justice.

CAPTAIN’S COVE CURRENTS

Ocean Pines PROGRESS November 2024 63

COVE CHRONICLES

November ushers in a season of holiday spirit

By JULIA KNOPF Contributing Writer ovember marks the start of the Holiday season. It is a season celebrated with togetherness, joy, family, sharing, selflessness, and understanding.

November also marks the end of the campaign season. In contrast to the holidays, this season is often filled with divisiveness and fracture, pitting neighbors and family against one another. This year, the campaign season has been particularly passionate nationally, locally, and within the Captain’s Cove Community.

As we transition from the divisive atmosphere of the campaign season, let’s embrace the spirit that the holidays bring. This is a time to come together, share joy, celebrate our community, and recognize what we are so fortunate to have. This year, during Thanksgiving, whether dining with a large group or a small party at the Mari-

N

na Restaurant, take a moment to appreciate that community that you are part of, a community that is always willing to help a neighbor in need, a community with loving members who despite differences can laugh and sing together at an Open Mic. Following Thanksgiving, we will all work toward moving forward with an inclusive mindset beginning on Friday, Dec. 6, at 5:30 p.m. with the Christmas Tree Lighting at the Town Center. We will have a new President-elect and a new Board of Directors for Captain’s Cove by this point.

No matter the outcome of the elections, on December 6th, everyone is invited to mark a turning of the page.

As the community comes together to light the Christmas tree and enter the season of giving, we hope you join us in burying the proverbial hatchet and breaking bread, or, in this case, Christmas Cookies.

The Cove Chorale, a group that illustrates how members with different opinions can join forces to bring joy,

will host their 14th annual Christmas show on Monday and Tuesday, December 9th and 10th, at 6:00 pm in the Marina Restaurant. The show will leave you with a smile and a little more Christmas spirit in your heart as the group sings and performs holiday favorites.

For those who are architecturally inclined or not afraid to get a little sticky, Captain’s Cove will host a Gingerbread House Competition for the second year. Houses can be made entirely at home, or you can drop by the Marina Club on Thursday, December 6th, beginning at noon, for a Gingerbread decorating day. The edible creations will be displayed throughout the week and during Cove Chorale’s performances. A much more friendly vote will take place to crown the winners.

If by the middle of December, you are still feeling a little “Grinchy,” then grab your furry green suit and join in on the fun of the Christmas Golf Cart Parade. The parade

includes carts owned by the course (inquire at the front desk about how to borrow a cove-owned cart) and privately owned ones. Carts are decorated to the “nines,” with lights, trees, ornaments, and more. These fancy carts will line up at hole one at 4 p.m on Saturday, Dec. 14, to parade around the course.

As we enter the final weeks of campaign season, a point where emotions are high, and passions are on full display, let us all look a little further forward to the holiday season. We must remember that after all the votes are counted, we will remain members of a bright and vibrant community. We each will have the opportunity to move past any grudges and embrace our part of a community capable of harmony and joy, compassion and understanding throughout the holiday season and all year round.

Julia Knopf is community relations manger of Captain’s Cove Golf and Yacht Club.

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64 Ocean Pines PROGRESS November 2024