April 2017 ocean pines progress by Ocean Pines Progress

www.issuu.com/oceanpinesprogress

April 2017

Clarke announces candidacy for OPA board

Martin D. “Marty” Clarke, a former Ocean Pines Association director with six years of board experience and currently the chairman of the OPA’s Bylaws and Resolutions Advisory Committee, has become the first announced candidate for the board this summer. He officially filed as a candidate April 8. One incumbent director, Doug Parks, is expected to seek a threeyear term on the board. Another current director, Vice-president Dave Stevens, technically is eligible to run for re-election despite his six years of board experience.

THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY COVER STORY

EXECUTIVE DECISIONS

~ Page 3

Board sets salary range for new general manager

In a closed session following the March 25 regular monthly meeting, the Board of Directors approved a salary range of $150,000 to $170,000 for a new general manager that an executive head-hunting firm, the Novak Group, has been hired to help locate. The vote approving the salary range, recommended by the Novak Group, was 5-1, with Director Slobodan Trendic opposed. Director and Acting General Manager Brett Hill was absent. In favor of the salary range was OPA President Tom Herrick, OPA Vice-president Dave Stevens, OPA Treasurer Pat Supik and directors Doug Parks and Cheryl Jacobs.

~ Page 4

Huettner resigns as manager of Beach Club

After 24 years of service to the Ocean Pines Association under five general managers and seven food and beverage managers, Lynda Huettner has called it quits as the summertime Beach Club manager, advising all members of the Board of Directors in a resignation letter March 27 that she was unable to work with Acting General Manager Brett Hill and had been treated discourteously by him. Her departure is just the latest department head to leave Ocean Pines under Hill’s tenure as acting general manager.

~ Page 6

Hill announces 20 percent discount at OPA food and beverage venues By TOM STAUSS Publisher

cting Ocean Pines Association General Manager Brett Hill has announced a 20 Acting General percent reduction in the cost of all food and Manager Brett Hill beverage purchases at the OPA’s four food venues, available to all Ocean Pines property owners, long-term renters, and anyone who purchases a $250 associate membership. It’s even available to non-resident guests of an OPA member, provided that it’s the member who pays the bill. The 20 percent discount is in lieu of a happy hour discount at the Yacht Club and is much more comprehensive. “It’s 20 per cent off every check, all the time,” Hill said, and the discount is available immediately and until further notice. Some sort of OPA identification card will be necessary to earn the discount. Acknowledging that doing away with the Happy Hour at the Yacht Club has made some people unhappy while affecting sales at the Yacht Club bar and restaurant operation, Hill said the discount to the people “who pay the bills in Ocean Pines” is a way of competing with restaurants that offer Happy Hour specials, half off dinner specials and other promotions during the winter months. But since Hill said the discount will be offered at both the Beach Club and the Country Club’s Terns Grill this summer, in addition to the Yacht Club’s Cove at Mumford’s and the Swim and Racquet Club, it’s evident that this is not intended to be a winter special only. Hill said the challenge faced by OPA management is how to balance a need to bring customers into its restaurant venues by keeping pricing affordable while at the same minimizing losses.

At the Yacht Club this past winter, that balance hasn’t been achieved. The losses in the November through February period have approached a quarter of a million dollars, and March and April are not months that traditionally have produced operating surpluses. Hill said theory behind the discount is that it is significant enough to To Page 30

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Family Fun Day added to Yacht Club ‘Oasis’ swimming pool OPA aiming to add beer and wine sales to Swim and Racquet Club this summer By TOM STAUSS Publisher he Ocean Pines Association administration has made some significant changes at the newly renamed Yacht Club swimming pool – Oasis – this summer as well as the Swim and Racquet Club pool. According to the Spring activities guide just posted on the OPA Web site, the OPA no longer will host a family fun night at the Yacht Club pool on Wednesday nights. That event will be shifted over to the Swim and Racquet Club pool instead. Acting General Manager Brett Hill is hoping to have beer and wine sales at this pool this summer. A county permit application is pending, with a hearing scheduled for May, he told the Progress in an early April e-mail. While the shift in venues will add to the adults-only hours at the Yacht Club on Wednesdays, the OPA administration is planning to launch a new Family Fun Night at the Oasis pool Sunday afternoons from 2-6 p.m., open to anyone regardless of age. The event would replace a little publicized Monday night family swim time at the Yacht Club pool launched at the tail end of last summer. The first Family Fun Night is scheduled for Sunday, June 4, through the first Sunday in September. A deejay will be spinning tunes on the Yacht Club deck outside the enclosed pool area from 3 To Page 30

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Clarke announces board candidacy Says lot assessment can be reduced substantially by eliminating supplemental funding for reserves By TOM STAUSS Publisher artin D. “Marty” Clarke, a former Ocean Pines Association director with six years of board experience and currently the chairman of the OPA’s Bylaws and Resolutions Advisory Committee, has become the first announced candidate for the board this summer. He officially filed as a candidate April 8. Martin D. “Marty” Clarke One incumbent director, Doug Parks, is expected to seek a three-year term on the board. Another current director, Vice-president Dave Stevens, technically is eligible to run for re-election despite his six years of board experience. His current three-year term, ending this August, was interrupted by a year when he didn’t serve, which means he isn’t term-limited, contrary to an incorrect report in a recent edition of the Progress. Stevens told the Progress that while he is eligible to run, he’s not planning to. There are two vacancies to be filled in this summer’s election, seats currently held by Stevens and Parks. Under current OPA policies, the just appointed Search Committee is supposed to come up with at least four candidates, two more than the number of seats to be filled. In announcing his candidacy, Clarke said he feels he’s fully recovered from a recent illness and is ready to serve. He previously has said that if elected, he would be the most experienced of any director then serving. He previously served on the board from August of 2007 until August of 2010 and then again from August of 2011 until August of 2014. That experience, he added, would be invaluable on a board and an OPA that has lost a lot of its institutional memory with personnel changes within the OPA and Stevens’ pending retirement.

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Clarke candidacy From Page 3 Clarke confirmed that he recently sent a memo to directors asking that they direct Yacht Club staff not to accept bookings for the Yacht Club after this summer until spring of 2018. Clarke said that he continues to believe, given almost a quarter million of losses at the Yacht Club in the last four months for which financial information is available, – November, December, January and February – that the facility should be closed down during the winter months. So far, most of the directors have not responded to the memo. Parks indicated in a reply that he agreed with Clarke’s prescription, while Director Slobodan Trendic said he believes the amenity’s operation should be leased out. Stevens told the Progress recently that he is giving some serious thought to Clarke’s suggested Yacht Club closure, but with a caveat. He said that the board should give serious consideration to closing the Yacht Club after the summer while using a substantially renovated Country Club as the community “gathering place” in the colder months. Clarke also said he remains committed to reducing the lot assessment by further reducing or eliminating supplemental funding for the Major Mainte-

nance and Replacement reserve, other than that which is related to the funding of asset depreciation, which is budgeted at $1.6 million in 2017-18. Another $650,000 is budgeted in supplemental reserve funding in 201718. It’s this supplemental funding, once called the five-year-plan and more recently the legacy reserve, that Clarke says can be prudently eliminated. Clarke also has said that OPA payroll cost has ballooned in the coming year and needs to be trimmed. “This is a good board but a bad budget,” he said of the recently approved 2017-18 spending plan. He also has said he was opposed to the board’s $25 increase in the Beach Club parking pass for this coming summer. “If it ain’t broke don’t fix it,” Clarke said. During one recent board meeting, he called the increase “gouging.” The former director said he likes the general direction that the current board has taken in renovating existing OPAowned buildings rather than trying to replace them with expensive new ones costings millions of dollars. “It means there’s not going to be a need for any hugely expensive projects in the forseeable future,” Clarke said. “We just have to keep much better care of our assets so we don’t have to replace them” prematurely.

Board sets salary range for new general manager Trendic outvoted 5-1, calls decision ‘fiscally irresponsible’ By TOM STAUSS Publisher n a closed session following the March 25 regular monthly meeting, the Board of Directors approved a salary range of $150,000 to $170,000 for a new general manager that an executive head-hunting firm, the Novak Group, has been hired to help locate. The vote approving the salary range, recommended by the Novak Group, was 5-1, with Director Slobodan Trendic opposed. Director and Acting General Manager Brett Hill was absent. In favor of the salary range was OPA President Tom Herrick, OPA Vice-president Dave Stevens, OPA Treasurer Pat Supik and directors Doug Parks and Cheryl Jacobs. The Novak Group posted a position available on the International City/County Management Association Web site in late March in which the salary range, qualifications and job description were listed. Trendic in a telephone interview with the Progress confirmed the accuracy of the salary range and said he was “appalled” by the board’s approval of it. He called it “fiscally irresponsible” and expressed the hope that it would become an issue in this summer’s board election. He said the Novak Group, which used salary ranges in the Washington, D.C., area as comparable for the Ocean Pines position, ignored salary data for similar positions on the Eastern Shore, which he said would have been more responsible.

He said the Worcester County administrator, with a budget more than ten times that of the OPA with more areas of responsibility, makes $144,220. Similarly the city manager of Ocean City was hired last year at a salary of $155,000, again with a much larger budget and a huge population of summer residents and visitors. Trendic said the city manager of Annapolis, the state capital, on the Western

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GM salary range From Page 4 Shore makes $130,000, while the city manager of Cambridge, the county seat of Dorchester County, makes $120,000. Other county administrators cited by Trendic include Caroline County’s at $110,911, Dorchester County’s at $102,196, and Wicomico’s at $124,481. Trendic said the national average for the top ten percent of community association managers is $123,790. He expressed frustration at the reasoning his colleagues gave for ignoring local comparables. “They all seemed to think they had to accept the recommendation of the Novak Group,” he said, as if they were elected to blindly accept the opinion of experts who might find it easier to hire someone if the salary is inflated. “They’re not representing the interests of property owners who are paying the salary and benefits of the GM and OPA department heads,” Trendic said. The outspoken director said the pattern of paying out-sized salaries to department heads continued with the recent hiring of a director of finance at $120,000, roughly $25,000 more than the recently retired controller Art Carmine. “I’ve asked for a complete resume of her advanced degrees, and I’ve yet to receive it,” Trendic said, adding that her

higher levels of education were cited as the reason she is getting paid so much more than Carmine had been. Trendic said that hiring decision was closely controlled by Hill, as the acting general manager, and Pat Supik, director and the OPA treasurer. “The rest of the board wasn’t involved in that decision at all,” Trendic said. “She was hired at the top of the listed salary range,” and that doesn’t bode well for what “we might end up paying a new general manager.” He said his objections are not personal or meant to disparage the new finance director, Mary Busack, but simply to point out that she is overpaid relative to similar positions in the area. In a related area, Trendic said his board colleagues so far have not been motivated to begin the process of asking employees to begin paying a fair share of their individual health insurance costs, despite the fact that these expenses are one reason OPA payroll costs are exploding. “Cost sharing of health insurance is standard across industry,” he said, and the “OPA needs to remember who is paying for these extraordinary benefits.” He said OPA employees should not fare better in the area of health insurance than what property owners face at their places of employment or retirees do with Medicare. Trendic said he regretted having to

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disagree so openly with his board colleagues but said he wasn’t elected to represent the interests of OPA employees or the opinions of other directors. “I will continue to represent the people who voted for me,” he said. One candidate for the board this summer, Martin D. Clarke, told the Progress that the GM salary range was “on the high side” and that the Novak Group should have looked to local homeowner associations, including those in neighboring Sussex County, in Delaware, for more realistic comparables. The management company that runs Sea Colony in Bethany Beach, Leggum and Norman, costs Sea Colony homeowners far less than the salary range approved by the board for the OPA general manager, Clarke said. Clarke recalled that when he last served on the OPA board, then board member Jeff Knepper defended a high salary range for a new general manager and using comparables from the Western Shore around Washington, D.C. because “the best candidates aren’t going to want to move to the Eastern Shore.” Clarke said that if that was the reason the Novak Group cited for the $150,000 to $170,000 salary range, “it was a bad reason. To get away from the rat race in the city, and being able to live near everything this area has to offer,” is just another reason “the GM position in Ocean Pines should be appealing,” he

added. The post on ICCMA Web site did not mention any of the virtues of living near a beach. According to the post, “the General Manager oversees department director, including the Director of Finance, Director of Public Works, Director of Marketing and Public Relations, Director of Aquatics and Recreation, Director of Food and Beverage, Director of Golf, and the Chief of Police. The Association has a workforce of 163.2 full-time and seasonal full-time equivalent employees,” according to the post. The listing is the first official acknowledgement that Ocean Pines has a director of aquatics and recreation. The listing indicates that the “expected” hiring range is $150,000-$170,000, “depending on qualifications with a comprehensive benefit package. Residency is not required, although the General Manager will be required to live within a reasonable driving distance.” An informed source told the Progress that the Novak Group will be letting candidates know of a “generous relocation package” for the successful applicant. The post says that “applications will be accepted electronically by The Novak Consulting Group” at thenovakconsultinggroup.com/jobs. There is no deadline given to submit an application, but the first review of applications is to begin May 1.

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Huettner resigns from Beach Club Hill names Brian Townsend food and beverage manager for all OPA venues By TOM STAUSS Publisher fter 24 years of service to the Ocean Pines Association under five general managers and seven food and beverage managers, Lynda Huettner has called it quits as the summertime Beach Club manager, advising all members of the Board of Directors in a resignation letter March 27 that she was unable to work with Acting General Manager Brett Hill and had been treated disrespectfully by him. In a telephone interview, Hill said he had hoped “to leverage her experience” this summer but will be able to fill her role with personnel moved over from the Yacht Club. He said that with the additional hours planned for the Beach Club this summer, he will have two shift managers in place managing the food and drink operation there. During the 2017-18 budget review process, Hill indicated that he was planning to hire a food and beverage manager to oversee all Ocean Pines food and beverage operations, including the one at the Beach Club. The role consolidates all food and beverage purchasing, which effectively

means that Huettner would not have been involved in a function she had handled previously. Hill has announced that Brian Townsend, who has been interim manager of the Yacht Club since New Year’s Eve, has assumed the role of food and beverage manager. He will oversee operations at the Yacht Club, the Tern Grill at the Country Club, the Beach Club, and Swim and Racquet Club. In addition to managing food and beverage purchases at all three locations, he will be in charge of booking entertainment at both the Yacht Club and Beach Club. Hill previously had decided to shift supervision over Beach Club parking to Colby Phillips, the OPA’s aquatics and recreation director, and Townsend had started to book entertainment at the Beach Club prior to Huettner’s resignation. Both were tasks that Huettner has handled previously. Hill during the budget review process made it clear he was planning to add hours of operation at the Beach Club this summer, keeping it open to 10 p.m. seven days a week, with live enter-

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He recent terminated the former facilities manager, Jerry Aveda, replacing him with long-time Worcester County Public Works official Kevin Layfield. Former golf course superintendent Rusty McLendon didn’t survive the recent reversion of golf course management from an outside management company back to the OPA; he was replaced by Andre Jordan, a previous Ocean Pines golf course employee who was terminated by Billy Casper Golf roughly six years ago, after which he moved to the Public Works department. While Aveda’s and McLendon’s departures were more or less orchestrated by Hill, the recent replacement of longtime controller Art Carmine with Mary Busack as the new director of finance was the result of Carmine’s voluntary and long-anticipated retirement. Perhaps the first indication that Hill

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tainment and other changes designed to aggressively boost revenue. Although two directors didn’t vote for the 2017-18 budget including these aggressive projections, a board majority seems fully invested in the changes Hill is making to the management structure in Ocean Pines. For decades the Beach Club has been described as a diamond in the rough with a lot of unfulfilled potential, and Hill is determined to see whether some of that potential can be attained this summer. A source told the Progress that Huettner was not comfortable with the changes Hill is proposing for the Beach Club, believing there’s a good chance that they will explode payroll expense and effect higher priced evening entertainment expense without bringing in the additional net revenue that Hill anticipates. She was also said to be unhappy with her reduced administrative role over purchasing, entertainment and parking, and Hill’s alleged lack of responsiveness to inquiries about her role. She reportedly informed the board that she learned of a reduction in her duties from vendors with whom she had

long-standing relationships. During her 24 years with the OPA, she was called on several occasions to step in as acting Yacht Club manager when a vacancy had occurred. During her tenure as Beach Club manager, the amenity always made money for the OPA, the only amenity that could make that claim. Her departure is just the latest department head to leave Ocean Pines under Hill’s tenure as acting general manager.

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OCEAN PINES From Page 6 intended some house-cleaning in his role as acting general manager was the termination or resignation of long-time Parks and Recreation department head Sonia Bounds last fall, a departure that Hill at the time described as voluntary but which, according to other reports, may have been closer to a mutual parting of the ways or even a firing. The pattern that has emerged is that Hill normally gives an employee who may not be on the same wave length as Hill an opportunity for a graceful resignation. Bounds according to Hill was going to decide whether she wanted to continue in her role during a Florida vacation, but on her return apparently found that her job had been effectively eliminated, with two of her assistants continuing programming roles they had had previousl. Phillips, the aquatics and recreation director, had already taken over certain administrative functions that made her the defacto director of the department. The next prominent department head departure involved the Yacht Club’s food and beverage manager. On or about the time of the New Year’s Eve celebration at the Yacht Club,

widely regarded as poorly executed with complaints of long waits for tables, credit card difficulties and cold food, Hill took action to terminate the employment of the food and beverage manager, Jerry Lewis. Hill said management of the facility was “not moving in the right direction” and he elevated Townsend, the banquet manager, to defacto Yacht Club manager, again without any formal title. During the third week of March, Townsend was promoted to the new food and beverage manager position with oversight over all four Ocean Pines’ food venues. Former Public Relations and Marketing Director, Teresa Travatello, found new employment several months after Hill became acting general manager last August; there was no suggestion that she was terminated or was about to be. There was some speculation that, as a department head who worked had a good rapport with former General Manager Bob Thompson, she decided to depart on her own timetable. Travatello was replaced by Hill’s recent hire, Denise Sawyer. The result of all this turn-over is that Hill has had an unprecendented impact on OPA’s top management in just over six months in an “acting” capacity.

Aquatics Department abandons indoor pool enclosure expansion Aquatics director opts for original stand-alone building at Sports Core because of cost By TOM STAUSS Publisher t’s back to the drawing boards with respect to obtaining more space for after-school programs, training and storage at the indoor Sports Core pool. Plans for a possible fitness center at the facility have been abandoned. With the inclusion of $225,000 in the 2017-18 capital budget for an addition to the indoor Sports Core swimming pool enclosure, the Ocean Pines Aquatics Department seemed to be a step closer to making the expansion project a reality this summer. But the expanded enclosure is not to be. Instead, the department will return to the original plan of Aquatics Director Colby Phillips to add a room to the side of the building, as opposed to an expan-

sion of the original Structures Unlimited enclosure on the west-facing side of the structure toward the library. “The expanding of the Sports Core (pool enclosure) in the direction towards the library came back at a much higher cost then we were originally told by the previous facility manager,” Phillips told the Progress in a recent e-mail. “With that, we are going back to my original plan of just adding a room on the side. It will be when you first walk in the doors to the pool deck, on the left facing the pond.” The quote for the expansion came in at about $400,000, not including heating, she said. “Aquatics isn’t looking to go that far into debt again, which is why we are

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April 2017 Ocean Pines PROGRESS

8March Ocean3,Pines 2017PROGRESS

The Dispatch/Maryland Coast Dispatch

April 2017

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From Page 7 looking at a single room rather than pushing the current structure out. We need more space and need the room to accommodate our needs but want to do it at a cost we can hopefully ‘recoup’ in a few years,” she said. “In that room we will host private parties, training and an after-school aquatics program. Funds (will be) going to aquatics as the programs will be run by aquatics staff and programs will be kids’ water aerobics, kids’ aqua trampoline and swim lessons, amongst other things,” she said. Private parties, lessons and after-school programs are all fee-based and would generate revenue that over time would cover the construction cost. The plan still is to complete construction this summer and have the room available for fall programming. The OPA’s new facilities’ manager, Kevin Layfield, is drafting plans for the room, in the hopes of having them ready for review at the Board of Directors’ meetings later in April, Phillips said. The plan is to seek bids for a contractor to build the room, with the Ocean Pines Public Works Department finishing the interior, including painting and carpeting, Phillips said. The pool would not have to be closed to accommodate the project, she added “It’s a stand-alone structure. Howev-

er, there would be an enclosed hallway (connecting the room with) the pool, as people would be going in and out depending on the program/event. So it would be connected, but would be its own room,” she said. The smaller room means that the possible addition of a fitness center at the Sports Core will no longer be possible. Never fully fleshed out or approved by the board, the fitness center was an idea that Phillips and her staff had considered for the much larger expansion that had been on the table. In her e-mail, Phillips said she is still considering the fitness center but more in her role as the person in charge of administration and budgeting for the Department of Parks and Recreation. Phillips is the defacto rec department director, but still has not been formally given that title by Acting General Manager Brett Hill. “My hope is in the future to bring a fitness center to the rec department,” she said. “We would hope to bring more land classes such as spinning and a room with cardio equipment. Working with the rec team the past five months, there are so many great ideas they have, and they are such a great team.” The challenge is to find space for a fitness center. Former General Manager Bob Thompson had proposed a fitness center for the Community Center’s Assateague Room, as part of a strategy to convert the Community Center into a

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place for active recreation, while the administration building would have been converted into a more sedentary space for meetings, card games and the like. Thompson had proposed a new administration building for OPA-owned land out on Route 589, an approach rejected by a current board majority that favors renovation over expensive new construction. The current board of directors has approved the Country Club for up to five meeting rooms, including a board room for monthly work sessions and regular board meetings. Local organizations could also use this room for business

meetings. The admin building is slated to be renovated into expanded area for the police department, with some OPA administrative functions remaining in that building. With that strategy now in place, there would appear to be no obvious reason why a fitness center could not be set up in the Assateague Room or elsewhere in the Community Center once meeting space is made available on the second floor of the Country Club. Regarding the $225,000 in the budget for additional Sports Core space, it

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OCEAN PINES

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Country Club second ﬂoor plan gets another board nod Trendic, Stevens fail in effort to slow down project in hopes of gathering more community input By TOM STAUSS Publisher n a somewhat surprising 3-2 vote, the Board of Directors has approved a revised floor plan for the second floor of the Country Club, with the expectation that work on it will begin as early as May 1, continue during the summer months, and finish in the fall in time for the shoulder season months of September and October. The vote was taken at the board’s March 25 regular monthly meeting. Voting in favor with OPA President Tom Herrick were directors Cheryl Jacobs and Pat Supik. Dave Stevens and Slobodan Trendic were opposed. Directors Brett Hill and Doug Parks were absent, Hill on a leave of absence after the birth of a son and Parks from a prior commitment. At the same March 25 meeting, the directors voted unanimously 5-0 in favor of a revised floor for a Community Center renovation, expected to take place after Country Club renovations are completed over the summer. The Community Center renovation will expand the space allotted to the Ocean Pines police department and eliminates two meeting rooms, while relocating the membership office, the marketing and public relations department, and the general manager’s office. Hill introduced a somewhat revised floor for the second floor of the Country Club during a board work session March 20, advising his colleagues that he hoped he would support it in a formal vote at the regular meeting. An earlier draft of the plan was approved conceptually by the board in December, with no dissent, and Hill probably was thinking that the revised plan would also earn unanimous approval. He was also seeking board approval to proceed with final drawings for the second floor project and obtaining county building permits. The approval vote covered those items as well. But an easy approval was not to be, with Stevens leading off discussion at the March 25 telling his colleagues that he didn’t unThe revised Country Club second floorplan approved by the Board of Directors March 25. derstand what he was being asked to vote on. “Are these the same floor plans we approved (several months ago)?” he asked. They were similar. A fifth meeting room appears in the floor plan that was not there in the December version, and a handicap deck has been added on the outside of the building from the ground level to an outside deck on the second floor. About half way up the incline, the plans indicate a level, flat landing, apparently to allow those in a wheel chair to rest on the way up or down the ramp. Ramps from the interior to restored, outdoor decks have also been added to the newest floor plan. Jacobs reminded Stevens that in earlier discussion about the second floor, he had

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Sports Core pool From Page 9 should be sufficient to cover the cost of a meeting/party room as currently envisioned by Phillips. No director raised objections to this budget item during the budget review process, and the proposed expenditure made it into the final capital budget approved by the board in February. In Ocean Pines’ two-step process for capital expenditures, budgetary approval simply gives the general manager the authority to solicit bid proposals for various projects. Once staff recommends a particular proposal from among the minimum of three bids that are supposed to be obtained, the board has final authority over whether to authorize the spending. If bids exceed the budgeted amount, or for any other reason, the directors would not have been obligated to authorize the project’s go-ahead. Staff apparently realized that the likelihood of the expansion being approved was not great given the cost that came back.

A New-England based company, Structures Unlimited, built the Sports Core pool enclosure roughly ten years ago for a little over $1 million. Hill recently said he and his staff were determining whether the addition would require the same company to do the expansion, or whether some other contractor could accomplish it. He said the goal was to accomplish the expansion this summer, at the same time the pool would be closed for its semi-annual closure for cleaning and water replacement in late August or September. He envisioned a two-week closure, with Ocean Pines’ four outdoor pools available for use during that period. With the decision to revert to the stand-alone room, that two-week closure is no longer necessary. The transition hallway now envisioned probably could be added during the scheduled maintenance closure that occurs routinely in late summer, lasting three or four days in order to allow pool water temperature to reach the low 80’s after the pool is emptied, cleaned and refilled.

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April 2017 Ocean Pines PROGRESS 11

BOARD OF DIRECTORS Country Club

From Page 10 expressed concerns about whether the plans presented then would pass muster with the county. The vote on the table at the March 25 would enable that to occur, she said, adding that the revised plans submitted by Hill on March 20 had not been significantly changed from what had been presented back in December. Stevens objected to what he said had been inadequate publicity given to the revised floor plan on the OPA Web site or on the newly launched OPA member forum. “You can find it embedded on the board page (on the OPA Web site) in a 70-page board packet,” he said, “but that does not inspire confidence” that property owners have a good understanding of what is being proposed. He said he didn’t know if he was voting on a “real plan” for the Country Club’s second floor or just something conceptual. OPA President Tom Herrick told Stevens that Hill was just asking for “conceptual approval” with “final approval at a later date. Director Pat Supik said that as best she could tell the revised floor plan includes the same components as the earlier The conceptual floor plan of the administration building renovation approved by the Board of Directors. draft, with some adjustment in the number and size of meeting rooms. She said she was inclined to vote for it. Stevens said he agreed that the revised floor plan as presented was “about Trendic pushes for leasing over purchase option right,” adding that he was “just saying” that it needed “more exposure in the By ROTA L. KNOTT tion service as has been done traditionally. community,” especially golfers. “I don’t Contributing Writer “I’m not in favor of purchasing a van and bringing these think the exposure is sufficient,” he said. n lieu of continuing to contract for transportation ser- services in house for two reasons,” Trendic said, citing the Herrick responded that back in Devices, the Parks and Recreation Department asked the cost of ownership and potential liability issues. “I’m more cember the board had been presented Ocean Pines Association to buy a 12-passenger van for in favor of continuing leasing when service is required.” with three options and had decided on use during its summer camp and junior lifeguard proJacobs asked if a cost comparison was available to show one, and that the new, revised version is grams. During a March 25 regular meeting, the Board of the savings anticipated by bringing the transportation invery similar to that. Directors approved the purchase of a 12-passenger Ford house. She also asked for clarification if currently the OPA “The community has had three Transit van in a 3-2 vote, with two members absent and is only leasing a vehicle or purchasing the services of a months to react to that,” Herrick said. Directors Slobodan Trendic and Cheryl Jacobs opposed. driver as well. Trendic suggested that before voting Brett Hill, director and acting general manager, origiHill said the OPA currently leases a 15-passenger van on the revised floor plan, it should be nally presented the requested passenger van purchase, with a driver at a rate of $75 per hour. For summer camp, presented to the Golf Advisory Commitalong with two other vehicles, to the full board during a the OPA leases the van and driver an entire day at a time, tee for review and comment, adding that March 20 work session. Both Trendic and Jacobs balked at at a cost of $600 per day. Currently, no transportation is the Golf Member Council should also be that time, saying they wanted a cost comparison of owning available for the junior lifeguards, but the new van would consulted. and operating a van versus contracting for the transportaJacobs said the board had agreed previously that it would “rectify the administration building and the Country Club” in tandem, and that the new floor plan continues with that process. Stevens said that if the plan is to move forward with renovation May 1, there is still time to give the community to offer its opinion, perhaps in a special town meeting called for that purpose. But then he suggested there was no urgency to begin in May, and that there would be no harm done in waiting to start until the fall. “I don’t understand the urgency,” he said. Herrick said one reason to proceed with renovation over the summer is that could be ready for “package play” on the golf course. He later told the Progress that it might be possible to operate the Country Club over the winter as an alternative to the Yacht Club. Stevens, who also told the Progress that the Country Club might work as a “cozy alternative” to the Yacht Club during the winter, asked how many “package play” outings had a use for the Country Club, to which Herrick responded “we want to make it more.” At the March 20 work session, both Stevens and Trendic called for more input into the process, but their appeals failed to persuade their colleagues.

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BOARD OF DIRECTORS

April 2017

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From Page 11 allow the OPA to transport that group of youths to locations like the fire department and life-saving station in Ocean City, Hill said. Trendic and Jacobs also asked about the11029 OPA’s liability Racetrack Rd.and insurance requirements for operating a passenger 1 1029MD Racetrack Rd. Berlin, 21811 van.Berlin, MD 21811 As proposed and included in the OPA’s fiscal year 2018 budget, the addition of the 12-passenger van to the existing vehicle fleet would have little impact on liability concerns or cost, Hill said. While a 15-passenger van is classified as a bus for insurance purposes, a 12-passenger van still falls under the general vehicle classification and staff members will be able to drive it, he said. Director Pat Supik, who participated in the work session via teleconference, asked about the impetus to purchase rather than lease a van in FY18. Hill responded the motivation is simply to have a passenger van available for the OPA’s use at all times. Additionally, he said the association is attempting to minimize outsourced expenditures. Supik pointed out that the van was included in the OPA’s budget. “Therefore, the discussion is not about whether to purchase a van, but rather which van to purchase. To me that’s where we are. Which van? Not a van or no van,” she said. However, Trendic said that without a cost comparison he would oppose the purchase if it came to a vote. He did just that during the March 25 regular meeting, saying he believes it is best for the OPA to continue contracting for transportation services.

He said that last year the association expended a total of about $10,000 for leased transportation. The cost of owning and operating a passenger van is likely to be much more expensive, including the cost of initial purchase, PRSRT STD insurance, staff time, and maintenance, he PRSRT USPOSTAGE STD said. USPOSTAGE The board ultimately PAID voted 3-2 to PAID purchase the 12-passenger Ford transit MAILMOVERS van from Hertrich Fleet Services at a MAILMOVERS cost of $30,293. Hill said it would take 10 to 12 weeks for delivery. The board also unanimously approved the purchase two additional vehicles, one for public works and another for the police department. Both will replace aging vehicles in the OPA fleet. For Public Works, the board agreed to buy a Ford F250 4-wheel drive, extended cab truck through Hertrich Fleets Services at a cost of $28,587. It will replace a 2007 truck that is experiencing reduced gas mileage. Trendic asked if the association has a policy on when and under what circumstances it replaces vehicles. In the case of the Public Works truck, he said the purchase request does not indicate there were any mechanical problems with the existing truck. Director Dave Stevens said as far as he knows there is no generic policy related to vehicle purchasing. He said the OPA’s vehicles are used for a variety of different purposes so it would not be practical to have a one-size-fits-all policy. “If there were a policy, I don’t think would be effective,” he said. For the police department, the board approved the acquisition of a new Ford Explorer with the police interceptor package from Hertrich Fleet Services at a cost of $27,560.

April 2017 Ocean Pines PROGRESS

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14 Ocean Pines PROGRESS

BOARD OF DIRECTORS

April 2017

Stevens, Trendic critical of OPA’s online forum Herrick defends Hill initiative for getting ‘accurate’ information out to the membership By ROTA L. KNOTT Contributing Writer n an attempt to spur conversation about issues in the community and feedback from residents, the Ocean Pines Association last month launched a new web-based forum, realopforum.com. With lots of other avenues available for disseminating the OPA’s materials and messaging, two members of the Board of Directors questioned the necessity, practicality, and legality of the OPA managing the public comment-based medium. Director Dave Stevens initiated a discussion about the forum during a March 20 work session, asking about its intended purpose. He said he has been told that it will be used to disseminate factual information to Ocean Pines members and residents. However, he maintained that is not the definition of a forum. “It’s an exchange of opinions,” Stevens said. “Which is fundamentally different than presenting facts.” Stevens posed numerous questions: Who will respond to questions posted?

Where are they getting their information? Will anyone be fact checking? What are the standards for posting on the forum? Who is going to monitor the interactions? Director Brett Hill, who is also serving as interim OPA general manager, said the forum would be monitored and managed by the association’s public relations staff. Stevens wanted to know how they would get the information necessary to respond to all of the comments and questions posted on the forum. He said they do not have the scope of knowledge to answer the variety of questioned posed. “I don’t always know,” he added. Hill responded that is their job, to be a conduit for all information flowing to the public. He said the senior staff and board of directors would also be able to monitor the forum and address any comments, correct information, or direct members to the appropriate resources to answer their questions. The OPA already has mechanisms for

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distributing information to the community through press releases, the quarterly report, email blasts and the association’s Web site, Stevens said, adding that “those are all factual.” Hill said the OPA wants to encourage dialog with members, not just put out the facts. He said the forum is designed to complement other avenues for reaching the membership. Stevens said the best answer to every question is that members can find the information on the OPA’s Web site. If the information is not there, that is a different problem. He said the forum is not a substitute for “good accurate press releases.” Hill responded “not at all.” Stevens was also concerned about whether the forum will be governed by any standards of civility standards and how they will be maintained. He wanted to know if there would be any control over what is posted. “If it’s factually incorrect that’s easy” to correct the information, he said, adding “but if it’s a matter of opinion, then you’ve got a raging debate.” Hill said members are required to register to join the forum, and the OPA will know who made every post. Director Slobodan Trendic objected to the forum for different reasons. He was miffed that it appeared without any input from or even advance notice to the board. When something is introduced

that involves the board, the board needs to be made aware of it, he said. To commit the board to participate in something of which directors had no knowledge of is inappropriate, he contended. Trendic also pointed out that members are not required to acknowledge any terms of use when they sign up to participate on the forum. He said having members consent to terms of use is standard practice for any public forum, and doing so will provide protection for the association. Director Cheryl Jacobs said the forum will be counterbalance to other such online communities, but agreed that the board should have been informed before it went live. OPA President Tom Herrick, a proponent of the forum, said directors are not committed to anything; they can participate on the forum and respond to member inquiries, or not. “It’s your perogative to do so.” However, he said he was disappointed that any director would not want to take advantage of the opportunity to communicate with members. Stevens also questioned the costs, including staff time, required to monitor and manage the forum. “It’s gonna take time,” he said adding that e-mail is a perfectly reasonable ways to address member questions. Hill said staff would be involved in moderating the forum, but that type of To Page 15

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BOARD OF DIRECTORS

April 2017 Ocean Pines PROGRESS 15

Hill proposes changes in advisory committee, board relationships

From Page 14 activity is already part of the duties of public relations staff. Trendic said the OPA’s Communications Advisory Committee had previously discussed creating a community forum and decided against it. He asked why the committee decided not to proceed. Jennifer Cropper-Rines, committee chairman, was in attendance at the work session and responded that it was for many of the reasons directors pointed out. Joe Reynolds, long-time community member and operator of Ocean Pines’ original online gathering place, oceanpinesforum.com, cautioned the board about having another person edit, modify, or change member posts. Legal precedent has been established that taking such actions can open up the owner or operator of the forum to liability in slander or defamation cases, he told the board. “When you edit it, you take responsibility,” he said. Reynolds also took issue with the use of the word “real” in the forum name. He pointed out that by definition both his forum and the new OPA forum are real simply by virtue of their existence. He said the association’s forum would have more appropriately been dubbed the “official” Ocean Pines forum and his the “original” Ocean Pines forum.

Acting GM wants bylaws and resolutions committee to reconcile differences in C-01 and committee resolutions By ROTA L KNOTT Contributing Writer ndicating that the former general manager overstepped his bounds by seeking counsel from advisory committees and then acting on their advice without seeking approval, the Board of Directors is pondering revisions to at least two Ocean Pines Association resolutions to prevent that from occurring in the future. Director Brett Hill, who has served as acting general manager since the board ousted Bob Thompson from the position last August, said language has been included in subsequent individual committee resolutions that conflicts with C-01, the general committee resolution that spells out their functional relationship to the board. During a March 20 work session, Hill suggested, and the board agreed , to ask the Bylaws and Resolutions Advisory Committee to review all “C” resolutions. Hill said his proposal was precipitated by questions in recent months regarding “the committee to general manager’s relationship.” He said there have

Herrick said the forum is a way to get from directors and the OPA administration to its members, consistently and in a timely manner. “At least information’s getting out there to the people. We’re communicating in a better way,” Herrick

been instances where the previous general manager interacted directly with advisory committees and acted on their recommendations without first bringing them to the board for consideration. However, the purpose of the advisory committees as outlined in C-01 is “to provide the Board of Directors with sound advice based upon committee members’ expertise, research, and analysis.” The resolution specifically states that committees should make their recommendations to the board on matters or issues that “will enhance the management and functioning of the association.” Hill argued that according to C-01, the committees have a direct relationship to the board, not the general manager or other OPA staff. However, two individual committee resolutions, those for the Clubs and Communications advisory committees, create a relationship between those advisory bodies and the general manager. Both state that those committees advise the Board of Directors and the general manager, creating an underlying conflict with C-01. He said in the past

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said. “I think it’s an important tool. I think it’s good for the community to be able to get the information. And it’s going to help the board tremendously.” Director Doug Parks wondered why the board was discussing the forum at

all. “Why is this even a board issue? It’s another form of communication. Do it.” He said it is no different from having a conversation with a member. “I don’t see the risk. I don’t see the concern,” he said.

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16 Ocean Pines PROGRESS

BOARD OF DIRECTORS

April 2017

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Advisory committees From Page 15 that has created a system of direct guidance to the general manager or staff, bypassing the role of the Board of Directors. He suggested clarifying in those resolutions the direct relationship of the committees to the board only. As currently written, he said the language creates a mixed message and “it’s really leading to an injustice I think to our committees.” He said directors must decide whether the committees advise the board on policy and budget matters or staff on day-to-day operations. Director Dave Stevens said the resolutions state committee members do not give orders to the general manager or other staff but may request administrative assistance and office supplies. He said that according to the resolution C-01, the OPA president will provide all instructions to the general manager concerning support of advisory committees and ad hoc committees. OPA President Tom Herrick said the Club and Communications Advisory Committee resolutions also reference the association staff as well, as does the Budget and Finance Advisory Committee resolution. Director Slobodan Trendic disagreed with Hill’s suggestion that the Clubs and Communications committee resolutions be modified to eliminate language related to making recommendations to the general manager. “There was obviously a reason and a need to create this kind of relationship between these committees and the board and the GM,” he said. “If there has been an issue then lets figure out what the problem is” and address it. He suggested holding off making any changes in committee resolutions until a new, full-time general manager is hired by the OPA. Director Doug Parks said resolution C-01 supersedes all other resolutions related to committees. He said the individual committees may come and go, but the overarching resolution remains.

“The one that sticks is C-01, defining what these committees are,” he said. Director Pat Supik, who participated in the meeting via conference call, said some interaction with the general manager is essential to the Budget and Finance Committee, but the committee members can’t direct the general manager or staff to take specific actions. Trendic argued that for the advisory committees to perform their designated functions, they need certain things, including interaction with staff, such as the general manager or department heads. “Why have a committee if you’re not going to allow them to interact with the association in a way that is going to facilitate their ability to be effective at fulfilling the functions they are asked to fulfill?” he said. Regardless of what resolutions say currently, Hill effectively does not allow department heads to attend most advisory committee meetings. That policy, which has never been officially approved by the board, has been in place for at least four months. The new policy is that if committee’s need information from the administration, they are supposed to direct their requests through their board liaison. Herrick said resolution C-01 establishes committees to assist the board, not staff. “It’s a board committee to provide the board of directors with sound advice,” he said. But Trendic said that if department heads are not allowed to attend committee meetings, the panels will have a harder time obtaining needed information and won’t be able to provide advice. During the public comments section of the meeting, Jennifer Cropper-Rines, chairman of the Communications Advisory Committee, said that group does not want to direct or advise the general manager but not having access to staff puts the committee at a disadvantage. “The lack of interaction entirely is a problem,” she said, adding, “We would like to be informed” so the committee can make recommendations to support the association.

April 2017 Ocean Pines PROGRESS

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Herrick says bulkhead study not yet complete

There’s been some speculation that some Ocean Pines Association executives and policy-makers are unhappy with a study of Ocean Pines bulkheads that was supposed to have been delivered to the OPA in mid-February by the DBF engineering firm. The OPA has rebuffed requests by property owner Ted Moroney posted on the OPA members’ forum for a copy of the survey. OPA President Tom Herrick recently told the Progress that a possible reason for that might be that the study is in draft form, not yet complete. That may a polite way of saying that the study’s findings and recommendations are not necessarily going to be accepted at face value. An informed source told the Progress in late March that the study, intended to reveal the condition of Ocean Pines bulkheads, including the severity of a worm infestation, may have exaggerated the conditions and greatly inflated the cost of dealing with the issue. The source said the OPA has decided to re-inspect the bulkheads said to be in the worst condition. Last year, Acting General Manager Brett Hill said that 16 or so lots with the

worst bulkheading had been identified, in need of emergency replacement. Hill said the expense of that is the reason why the waterfront assessment differential and the funds to be collected in 2017-18 for the bulkhead/waterways reserve could not be reduced, despite the fact that its balance is roughly twice what has been spent historically for bulkhead replacement in Ocean Pines. The OPA has completed a 35-year bulkhead replacement program but has yet to put a new one in place. The source indicated that wholesale replacement of the bulkheads at issue may not need to be replaced, that repair options other than replacement are available that greatly extend bulkhead life. Rather than a cause for alarm, the source said that worm infestations are common in the mid-Atlantic regions, with repair solutions that have been shown to work readily available.

Phillips serving as acting GM

Aquatics and Recreation Director Colby Phillips served as acting Ocean

Pines Association general manager for several weeks in March and early April at the request of Brett Hill, who took some time off on paternity leave to deal with the birth of his new son. In recent e-mail to the Progress, Phillips said the interim job mostly involved handling a lot more “communication” that she has been used to. With the Board of Directors in the hunt for a “permanent” replacement for Hill, a process that could take until late spring or early summer, Phillips herself seems like she could be a candidate to become the first female general manager in the annals of Ocean Pines. But she says she isn’t interested, given what she says is the three- to fiveyear of a typical general manager in Ocean Pines. She says she likes her job as aquatics director and wants to keep it longer than the average GM lifespan. Meanwhile, she says she hasn’t been formally given the title of Aquatics and Recreation director. The title appears in the job description for a new GM that appears on a Web site operated by the International City/County Management Association. The position is listed along with the other department head positions in Ocean Pines that a new GM will oversee. She said that was the first time she had seen the title of Aquatics and Recreation director in writing, suggesting that Hill still hasn’t gotten around to actually bestowing a title that fits her actual job description.

Jerry Layfield named new facilities manager

It didn’t take Acting General Manager Brett Hill very long to find a replacement for the former facilities manager, Jerry Aveta, who was terminated not long ago. A former manager in Worcester County’s Public Works Department, Jerry Layfield was hired as Aveta’s replacement in late February/early March. His first day on the job was March 20, having been delayed by his giving his

former employers adequate notice that he found a new job. One of his first tasks given to him by Hill was to draw final drawings for the second floor renovation of the Country Club, in anticipation of county building permits that will be requested shortly. As a former county Public Works manager with lots of experience dealing with the personalities who work in the county’s permitting department, as well as its policies and procedures, Layfield’s involvement in the Country Club building permit process probably will help the OPA obtain the permits without much difficulty. Hill has said he wants to start renovation on the second floor on May 1.

Appointments made to Search Committee

With the concurrence of the Board of Directors, Tom Herrick, Ocean Pines Association president, made two appointments to the Search Committee on March 25. Herrick appointed Victor Burke and Rick Jackson to serve on the committee, which is tasked with soliciting candidates to run for the board in this summer’s annual election

Board addresses compliance issue

The Board of Directors at its March 25 monthly meeting found the property owner of 747 Ocean Parkway in continuing violations of the Ocean Pines Association’s declaration of restrictions and voted to forward the compliance issue to legal counsel for resolution. OPA President Tom Herrick said the owner has been in violation since November 2016 for a box trailer located on the property. He said the owner has not returned phone calls or collected certified mail from the OPA’s Compliance, Permits and Inspections Department.

Board approves park water connection

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BOARD OF DIRECTORS

April 2017 Ocean Pines PROGRESS

OPA continues to withhold details of LU’s departure agreement OPA president says pact with former golf course management company precludes release of financial terms By TOM STAUSS Publisher ontending that an agreement that governs Landscape Unlimited’s March 1 exit as Ocean Pines’ golf management company says financial terms can’t be disclosed, Ocean Pines Association President Tom Herrick is continuing to stonewall on the issue despite pressure from property owners to release information on how much the termination is costing the OPA. According to a recent commentary by oceanpinesforum.com owner/moderator Joe Reynolds, he understands from two unnamed sources that the OPA paid LU $50,000 “or so” to leave three months earlier than a contract early termination option would have allowed, “a bonus to LU of perhaps $35,000 of your assessment dollars.” The $35,000 net cost would have reflected two months of management fees under the original 2015 contract with LU. According to previous Progress reporting, that 2015 agreement with LU included a provision that would have allowed either party to terminate the agreement with 60 days, or two months, notice, with no penalty or buy-out needed. All that would have been required is the payment of the management fee of roughly $6500 per month, for that twomonth period. Without providing any specifics, OPA Vice-president Dave Stevens said that the board exercised its option in the contract to terminate with a 60-day notice to LU. Under the settlement agreement with the LU, Stevens said that the OPA would be paying the company less than it would have under the remaining days of the contract. The OPA will not be obligated to pay LU any management fee in the fiscal year beginning May 1, he said. The original contract specified a management fee of $6,500 per month, with three percent increases in subsequent years of the contract. If Reynolds’ information is correct, it would appear that the OPA paid LU much more than it needed to under the 2015 contract. Ocean Pines property owner Ted Moroney has joined Reynolds in pushing to lift the veil of secrecy over the settlement terms. In recent email to the board, he pressed for detail. Herrick responded that “as per the termination agreement signed by both parties, the terms are to remain confidential.” According to Reynolds, Moroney made four inquiries to the board about settlement information, each time receiving the response that “the termina-

tion agreement is still ongoing; therefore under attorney direction it cannot be released at this time.” Under the Maryland Homeowner Association Act, an HOA can withhold access to books and records of an association on the “written advice of counsel.” Moroney and Reynolds both wonder how the agreement “could still be ongo-

ing” if, as indicated by an official OPA press release, LU exited Ocean Pines on March 1. According to Reynolds, Moroney asked the board for a copy of the attorney’s written advice on the withholding of financial details, but had not received a reply as of the date he wrote the commentary, March 30. Moroney contends that if the board

can pay LU “tens of thousands of dollars to go away and keep it all secret, what is to prevent any board from spending virtually any amount on something and not telling association members on advice of counsel.” Reynolds also cites “at least two board members” who told him there was no final separation agreement on the table when the directors voted in closed session to terminate LU. “Directions to the acting GM were general in nature in regard to what the board wanted in the agreement, but at least two board members say they subsequently have not seen whatever final agreement was reached,” Reynolds said, calling the matter “strange” and indicative of what can happen when the board opts for secrecy over disclosure.

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April 2017 Ocean Pines PROGRESS

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BOARD OF DIRECTORS

April 2017

Pegola stage to grace Yacht Club deck Public Works Department to build it, will try to make it portable By ROTA L. KNOTT Contributing Writer ithout a definitive answer regarding the portability of a proposed pergola for the Yacht Club patio, two members of the Ocean Pines Association’s Board of Directors during a March 25 meeting declined to support its construction. A motion to approve the capital project passed in a 3-2 vote, with Director Brett Hill and Doug Parks absent and Directors Slobodan Trendic and Cheryl Jacobs opposed. The pair was opposed to impeding the view from the Yacht Club deck with a permanent structure. Trendic said he supports erecting a structure that will provide an improved performance venue and protection from the elements for Yacht Club entertainers. However, he was concerned the structure proposed by Hill during a board work session March 20 would be permanent and in an inappropriate location. “I think that whole patio area is becoming too busy,” he said regarding the Yacht Club’s outdoor dining area, which already contains a fire pit, pirate ship play structure, and tiki bar. He wanted the motion to specify the structure had to be mobile. He said on days when there is no entertainment, the stage should be moved offsite so it

does not distract Yacht Club patrons from the water view. “I am totally against having this where it is intended to be located,” Jacobs said. She shared Trendic’s concerns and said she, too, would be supportive if there was a guarantee that the stage would be mobile but she wasn’t convinced that would happen. She said a permanent structure will block the view from the OPA’s multimillion Yacht Club. During the March 25 meeting, the board endorsed proceeding with the project. The motion offered by OPA President Tom Herrick was to have Ocean Pines Public Works staff build the stage at the Yacht Club and, if possible, add wheels to make it mobile. The project was included in the fiscal year 2018 budget at $18,000 but Hill, director and acting general manager, anticipates the work can be completed by the Ocean Pines Public Works department for less than $15,000. Herrick made the motion on behalf of Hill, saying the pergola would be “useful and attractive.” He said it does not need to be moved because it will not affect the views from the Yacht Club. “I see that it would be utilized quite often,” he said. Director Dave Stevens agreed and

called the proposed design a “nice looking structure” that will accommodate a multitude of uses, including for weddings and as a shady spot for customers to sit. As for Trendic’s argument that the patio is becoming too crowded, he said there is still plenty of space available. During the March 20 work session, Hill originally presented an alternative for a mobile entertainment trailer at a cost of $19,852. He said the 16 by 16-foot trailer would have one open side and three windowed sides. It would have been on site Friday through Monday mornings to accommodate weekend entertainment and then moved to the Yacht Club for the remainder of the week. The trailer could be moved to other venues for special activities, like Concerts in the Park, he said. Hill said he wasn’t necessarily endorsing the mobile trailer but wanted to give the directors a choice. Herrick called the trailer ugly. “I would not want to see that on the deck of the Yacht Club.” However, a permanent pergola will be used regularly, he said. Jacobs, on the other hand, liked the trailer proposal. “I’m totally in favor of this option,” she said, because of the ability to move the structure offsite. She said it also affords more flexibility for use at other locations.

Director Doug Parks asked about the potential wear and tear on the patio of constantly moving in and out a stage. “The patio can more than handle weight,” Hill responded. Parks said the trailer was a good option to consider, but supported having a permanent structure “done nicely.” Director Pat Supik called the trailer “unattractive” and pointed out that it would be onsite during the busiest times at the Yacht Club on weekends. Even Trendic said of the trailer, “It’s very unappealing” aesthetically. But, he liked that it would not be permanent. In the end, Jacobs was alone in preferring the trailer option.

Water connection From Page 18 of the construction of new ball fields at Huntington Park, the Board of Directors at a March 25 meeting agreed to a contract change order of $4,435 to cover the cost of putting in a water meter as part of the project. When the project was originally undertaken, the OPA was unaware Worcester County charged a fee for new water system connections. As a result, funding for the water meter was not included in the original project. While staff initially considered eliminating the irrigation system from the project, the contractor, Growing Solutions, had already ordered the materials for that portion of the project.

BOARD OF DIRECTORS BOARD OF DIRECTORS

13 April 2017 Ocean Pines PROGRESS 23

December 2016 Ocean Pines PROGRESS

Committee recommends open vote count in OPA elections Trendic, Herrick Boardspar to consider revisions to M-06 resolution over electronic voting

By TOM STAUSS Publisher hen two candidates for the tions Committee on the Friday before Board of Directors last sum- the annual meeting of the association. ElectionOPA results would besays posted immemer called afor a vote Pre-casting vote isn’tcount acceptable, president open to the membership, successfully diately in the administration building By TOM STAUSS haveon passed on first as results it was the OPA Web.reading Election using the issue on their way to winning and Publisher presented to the board. Herrick said to seats on the board, it seemed more or would no longer be used as leverage cean Pines Association President entice that four directors at the March 20 OPA members to attend the anless inevitable that both would press for Herrick and OPA secretary nual session made clear they wanted of theitassociation the folmoreTom transparency in board elections workmeeting Slobodan Trendic recently sparred lowing a change day. in the proposed amended once taking office. over when directors are entitled to cast resolution to the timing He also with said respect that a 50-word stateNeither candidate, Brett Hill or Sloan electronic vote. of when annual election results allowed eachOPA candidate in the OPA bodan Trendic, have pressed the issue ment The issue arose because Director election disclosed OPA newsletter wouldtobe the expanded publicly in board meetings since August, are initially Doug Parks could not attend the Board of to a 200-word statement, in addition to but the resignation of the former elec- membership. Directors’ March 25 regular meeting when tions committee and its replacement a draft of a revised M-06 board resolution with an all-new panel suggested that pertaining to election procedures was some reforms might be afoot. scheduled for a vote on first reading. He Committee chair Steve Tuttle broke also could not participate in the meeting the ice with a presentation to the board over the telephone, as sometimes occurs in a work session Dec. 5. He was introwhen directors can’t attend a meeting in duced to the board by Trendic, board liperson. aison to the committee. Parks had indicated during a board Tuttle said the committee is workwork session on March 20 that he would ing through a number of changes to the vote for a draft resolution as presented by election process to improve transparenthe Elections Committee and Bylaws and cy. The changes will be incorporated in Resolution Committee. Joining him were proposed amendments to board resoluTrendic and Dave Stevens. In opposition tion M-06 that governs how elections in were Herrick, Brett Hill, Cheryl Jacobs Ocean Pines are to be conducted. and Pat Supik. Perhaps the most visible change the In a subsequent e-mail to the directors, committee recommends is opening up Parks asked his colleagues whether “there the vote count, which traditionally has are any options for the board to consider been done in closed session by the Elecmy vote on the first reading (on March 25), as I will not be at the meeting.” Although Parks apparently did Fire Department, LUnot specifically mention the possibility of contracts to Trendic be reviewed voting electronically, told Parks “for you to cast your vote electronically, during budget process I believe we need unanimous agreement from all directors. mytoo interpretation of hile it’sIffar soon to know the rule is correct, I do agree to allow you how or whether the Ocean to vote electronically.” Pines Association’s contracAccording to with Trendic, Herrick tual agreements the Ocean Pines responded saying in an e-mail that VolunteerbyFire Department and Landhisscapes “initial thoughtswill are be notaffected, to allowthere you Unlimited to are precast vote, before the will Board early your indications that both remeeting.” Other directors seem as notpart to ceive more scrutiny than usual have weighed in on the issue once Herrick of the 2017-18 budget review process set had his judgment. to rendered begin in January. InOPA a telephone interview Brett with Hill the General Manager Progress, Herrick said his understanding asked to meet in closed session with the of Board the proper use of after electronic voting is of Directors the Dec. 9 regthat allmeeting seven directors can these agree two to cast a ular to discuss convote electronically, but that can onlyprebe tracts and their impact onithis work done as athe group and not byfor one individual paring draft budget board review. director while others vote inare person. While as the usual directors tightHerrick said what he objected a single lipped about occurredto in closed director “pre-casting a vote electronically” session, OPA President Tom Herrick because he that would be local voting without confirmed OPA counsel Jobenefit of board at theto meeting seph E. Moorediscussion has been asked attend in awhich issue was to be considered. closedanmeeting of the board on Thurs“New information or arguments be day, Dec. 15, at 9 a.m. to reviewcan these brought outwith thatHill the and director pre-casting contracts the board. his vote privy to,” he said.was Thewouldn’t current be OPVFD agreement The OPA bypresident took exception negotiated the former general manto ager an article in a local weekly in which and OPVFD officers some years heback. saidItsTrendic accused govern Herrickhow of basic provisions notmuch allowing Parks to pre-cast a vote money the OPA allocates to the electronically a way of defeating the OPVFD eachasyear for operations. acceptance of the revised M-06 on first There are performance provisions in reading at the March 25 board meeting. the LU contract that could affect the golf “That’snext simply said, budget year.not LUtrue,” is theHerrick management contending that operates even if Parks had voted company that the Ocean Pines electronically, thethe revised golf course for OPA. M-06 – Tomwould Staussnot

Trendic initially had the impression that Hill, one of the four directors who indicated support for announcing election at the annual meeting, answersresults to a series questions. oneTuttle day after a vote count, have said the committeewould is suggestvoted for the amended M-06 on ing that M-06 be amended to allowfirst for reading, even if he leaning against electronic voting in was addition to balloting disclosure of said voting on the by mail. He theresults committee is day not ballots are counted. suggesting that the 2017 board election after all, is but what be “That, conducted electronically that Jim the Trummel (a be member of in the option would available theBylaws future and Advisory Committee) whenResolutions the technology is available for that advised the directors they should do, to purpose. giveDirector property and owners an opportunity to OPA Vice-President read the proposed changes and weigh Dave Stevens, who has said he will not in their Trendic toldterm the be with running for views,” reelection when his

Progress. “That only happens after a first is upreading.” next year, said he thought the recTrendic said Herrick is imposing ommendations were well thought out. his asked personal view the on the issue changes of when He whether proposed voting be for disclosed to M-06results would should be ready a boardrather vote than allow property owners’ views to in January. decide thesaid issue. Tuttle he thought they would be. Trendic said noted an on-line on Trendic thethat committee hadpoll done oceanpinesforum.com is running more a “tremendous job” so far in arriving at a than 80 percent in favor of disclosing consensus for election reforms. He said results on the had same day as the last vote the committee looked at the count. election and the community’s interest than vote and hishad personal in a“Rather more open process acted preference, he should listen to his accordingly. constituents,” said. No director Trendic spoke out in opposition to

the proposed changes.

To Page 25

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BOARD OF DIRECTORS

April 2017

Stevens vows to revisit ‘vote count’ decision Majority of directors favor waiting to announce results at annual meeting

By TOM STAUSS Publisher cean Pines Association Vice-president Dave Stevens isn’t pleased with a vote by OPA President Tom Herrick opposing the announcement of election results the same day ballots are counted by the Ocean Pines Elections Committee. Stevens is vowing to revisit the decision as early as the April board meetings. At the March 25 regular meeting, the board voted 3-2 against a motion to accept on first reading an amended version of board resolution M-06. The three directors voting against the motion – Herrick and directors Pat Supik and Cheryl Jacobs – wanted to continue waiting to announce election results until the annual meeting of the membership, one day after the vote count. Stevens and Slobodan Trendic supported announcing the results as soon as they’re known. The amended resolution called for announcing the results on the day the ballots are counted, traditionally on the Friday before the annual meeting of the OPA membership in August. All five directors seemed to be on board with counting the ballots in an open session, in a large enough venue to

allow anyone interested to attend. Directors Doug Parks and Brett Hill did not attend the March 25 meeting and were unavailable to participate in the vote. But at a board work session March 20, Parks indicated he was in favor of announcing the results on the same day as the vote count, while Hill, citing legal advice from the OPA’s Bethesda attorney, said he wanted to wait until the annual meeting. Hill’s position seemed at odds with a position he took while running for the board last summer, when he and Slobodan Trendic made an issue out of election transparency. Both candidates said they wanted the votes counted in an open meeting, contrary to the opinion of the Elections Committee then in place, and Trendic said he wanted the election results disclosed immediately instead of waiting until the annual meeting on the following day. Security of the ballots, and the possibility that ballots could be tampered with in some manner, were concerns that Trendic cited at the time. Since becoming the acting OPA general manager, Hill and Herrick have been in lockstep on most issues raised in board meetings. Stevens, while describing Herrick as “hard-headed” on this issue, said that

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Herrick is the only director who argues that waiting to announce the election results until the annual meeting is a good idea because it encourages greater attendance. Stevens said he hopes to convince Herrick that his argument is not a credible one. Stevens told the Progress that the OPA shouldn’t have to coax property owners to attend the annual meeting. “Either they do, or they don’t. It’s up to them,” he said, adding that he agreed with Trendic who said that the OPA could come up with other ways to make the annual meeting interesting enough to bring out the membership. But Stevens also said it’s not a huge deal whether property owners attend or not. Some years, he said that property owners have had to listen to officials spewing propaganda sugar-coating financial results or glorifying previous general managers. “Those years, they could have stayed home,” he quipped. Stevens said he would also attempt to persuade Hill that if he truly is in favor of transparency, he should be willing to disclose the election results as soon as they are known. Stevens said that Jacobs is in error

if she truly believes, as she suggested at the March 25 meeting, that the need to validate the election at the annual meeting, or by the board in a special meeting if a quorum isn’t achieved at the annual meeting, means the vote count can’t or shouldn’t be announced on the day of the vote count. “Announcing vote totals is a separate issue entirely from validation,” he said, comparing OPA elections to local, state and national elections, when vote totals are announced as soon as they are known. Official certification of results by boards of elections occur days later, he said. “Validation in OPA elections occurs at the annual meeting, or, in the rare case when there’s no quorum, by the board,” he said, adding that there is no provision in the OPA bylaws specifying that announcement of the vote tally and the election’s “validation” have to occur at the same time. “Our attorney is wrong about that,” he said, adding that this isn’t the first time an OPA attorney, not as familiar with OPA bylaws as Stevens said he is, has incorrectly interpreted them. Stevens noted that Jim Trummel, a member of the Bylaws and Resolutions Committee and previously its chairman, has said that OPA bylaws don’t require election results to be announced at the annual meeting.

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BOARD OF DIRECTORS

April 2017 Ocean Pines PROGRESS

Confusion abounds on lawyer’s opinion on when OP election results can be disclosed Lawyer’s recommendation seems less definitive than a board majority seems to believe By TOM STAUSS Publisher espite statements by some Ocean Pines Association directors that an attorney with the Bethesda law firm of Lerch, Early and Brewer recommends waiting to announce the results of the annual Board of Elections until the annual meeting of OPA members on the first Saturday in August, the actual relevant text from the attorney stops well short of that. According to a quote from attorney Jeremy M. Tucker that appears in the March minutes of the Elections Committee, the attorney merely states that the committee will report results from its vote count to the board at the annual meeting, and that the board will receive and validate the vote at the annual meeting. He says that finding is consistent with Subsection 2-502 of the Association bylaws. Nowhere does the attorney say the committee, in the normal course of counting the ballots in an open meeting on the day before the annual meeting, can’t or shouldn’t disclose unofficial election results at that time, in the same routine way that unofficial results from local, state and national elections are posted on Election day. Yet at a work session of the board of directors March 20 and then again at the March 25 regular meeting of the board, some directors characterized Tucker’s comments as a definitive recommendation and interpretation of OPA by-laws. This recommendation was the reason given by an apparent board majority for not changing Board resolution M-06 to allow for disclosure of election results on the same day ballots are counted, one day prior to the annual meeting. In a recent e-mail to the Progress, OPA President Tom Herrick doubled down on that characterization of the attorney’s recommendation. “Our attorney provided an opinion that, after reading all the By-Law provisions together, the purpose of the annual meeting is to receive and validate the results of the election. This is the same procedure that has been traditionally followed by our association in the past,” Herrick wrote. In a not too subtle criticism of the committee, Herrick said that “ignoring the advice of our attorney, the committee proceeded to draft an amended resolution that included, among many other changes, announcing the ballot count results immediately after the count was conducted. This draft was then presented by the Committee Board liaison at the [March 20] work session for Board review.

“It was my impression, from comments made by the various directors at this meeting, that the majority of the Board was in favor of the many changes suggested by the committee, but not in favor of the amendment having the results announced immediately after tabulation,” Herrick said. A key change that all the directors apparently support is opening up the vote count to all association members, in a venue large enough to accommodate everyone who wants to witness the opening of ballots and the committee counting them using Scantron equipment. According to both Steve Tuttle, chairman of the committee, and Slobodan Trendic, the board’s committee liaison, Herrick is mischaracterizing Tucker’s summary statement as a recommendation against disclosing unofficial election results on the day they’re counted. They said Tucker did not issue any opinion or recommendation in writing about that, but merely said these unofficial results should be announced and validated at the annual meeting, issuing no written opinion on whether the committee could disclose unofficial results a day earlier. Tuttle said that in the committee’s draft revision of M-06, the attorney crossed out language that would have expressly given the committee authority to disclose election results on the day of the vote count. But “there was no explanation in the notes where he drew this line editing out this statement, nor any other place in the editing of M-06 and attachments to support or justify his striking out this sentence,” Tuttle said. For that reason, both Tuttle and Trendic suggested that the attorney’s view on the topic should not carry the same weight it might have otherwise. In the telephone interview with the Progress, Herrick made no attempt to argue that Tucker had issued a definitive legal opinion in writing on what the bylaws say about the timing of disclosing election results. In private conversations he had with Tucker, the OPA president said the attorney indicated that the bylaws were not as clear as they could have been and could be tightened up. But he said that in their totality, he said the lawyer told Herrick that he (Tucker) concluded that the bylaws are disposed to announcing election results at the annual meeting. Herrick went on to say that ultimately he doesn’t regard the issue primarily as a legal one, especially since there can be differing opinions on what the bylaws mean.

From the Ocean Pines Election Committee’s March minutes

“The Election Committee discussed the thorough review of M-06 and attachments A, B, and C completed by Jeremy M. Tucker – Attorney, of the firm, Lerch, Early & Brewer, Chtd. Attorney Tucker previously provided a legal opinion as to whether the counting of ballots could be accomplished in an open session. The summary from Attorney Tucker’s letter of January 27, 2017 to the OPA Board of Directors is quoted here for reference: “ ‘In summary, although we prefer clearer language, we believe that the best interpretation of the Association’s Bylaws is: 1) that ballots for the election to the Board of Directors are to be returned prior to the annual meeting, which can be by mail or by ballot box, if authorized; 2) that the votes will then be tabulated by the Election Committee; 3) that the Election Committee will then report its results to the Board of Directors at the annual meeting ; and 4) that the Board of Directors will receive and validate the vote at the annual meeting. This finding is consistent with the above - quoted § 2 - 502, which allows the charter or Bylaws to provide for the right of members, here the voting rights of the members. Therefore, the Association requiring balloting to be submitted prior to the annual meeting, by mail or otherwise, is permitted. ”

Vote Count From Page 24

Jacobs had cited the possibility of a tie vote, which has never occurred in the 49-year history of Ocean Pines, as a reason for waiting one day to announce election results. She did not respond directly to Stevens’ argument.

Stevens also said that Trummel indicated at the March 25 meeting that the amended M-06 could be “accepted” on first reading even if some directors were opposed to some of its provisions. Passage on first reading means property owners can read the draft language and can weigh in on the merits of proposed changes before the board passes the amended resolution on second and final reading, he said. Stevens offered a reason for why it would be a good idea to announce the results the day before the annual meeting, on the day ballots are counted. He said in the event of a tie vote, or the more likely scenario in which only a few votes separate a winning and losing candidate, announcing the results on the same day of the vote count gives a losing candidate more time to decide whether he or she wants to ask for a recount. “The candidate could decide to ask for the recount before the results are officially validated by the members or the board,” Stevens said. “That’s a better system than what we have now.”

From Page 23 Trendic, after viewing a video of the March 20 meeting, acknowledged that Hill, contrary to Trendic’s initial impression, said during the work session that he would accept the advice of the OPA’s attorney on the issue of when to announce voting results. According to Herrick, the attorney concluded that, though the language is somewhat ambiguous, the bylaws tend to favor announcing the results at the annual meeting one day after the vote count. Hill, like Parks, did not attend the regular meeting of the board March 25. Trendic and Elections Committee members contend that the attorney’s opinion was never rendered in writing and was tepid at best.

“It really comes down to what a majority of the board decides,” he said, adding that his personal preference is to maintain the tradition of announcing the results at the annual meeting, one day after the vote count. Aside from the issue of what the attorney has or has not recommended with respect to the timing issue, Herrick said he supports waiting until the annual meeting because more OPA members will attend the annual meeting as a result. He also said he’s a “traditionalist”. He likened waiting one day to announce election results to a kid being told by his parents that he has to wait until Christmas day to open his presents, when he might prefer to open them early. The point he seemed to be making is that a little delayed gratification can build anticipation and, in the case of the OPA annual meeting, create more interest in it. In a subsequent telephone interview with the Progress, Herrick expressed

dismay with the committee’s decision, with Trendic’s help, to submit a revised M-06 for first reading March 25 authorizing the committee to disclose results on the day of the vote count, despite indications at a board session March 20 that a board majority did not support such language. He said the committee should have come back with a revision removing or modifying the language that a board majority opposes. Herrick said he continues to support opening up the vote counting to witnesses, adding that if M-06 is further revised to reflect board majority opinion on when the results are initially disclosed, he believes it will be accepted on first reading and then passed on a second and final reading. He said he understands that Director Cheryl Jacobs will be tweaking the committee’s draft M-06 to reflect the board’s majority opinion, to be presented for first reading as early as the board’s April regular meeting.

Electronic voting

26 Ocean Pines PROGRESS

BOARD OF DIRECTORS

April 2017

Board approves new gas systems for Public Works, golf course

Professional Services

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Jacobs says Technology Work group should have reviewed purchases before vote

input from the OPA’s Technology Work with making recommendations for techGroup prior to approving the purchase nology improvements within the OPA’s and opposed it when it came up for a facilities. vote. Herrick, who presented the request Jacobs said the board did not receive for the capital expenditure on behalf of the bid package and capital expenditure Director and Acting General manager request prior to the board meeting, and Brett Hill, who was unable to attend the she said she wanted more time to remeeting, said the parts are no longer view the information. available for the existing fuel system at Lawn Care She asked if there is software asso- the Public Works complex. The current ciated with the equipment purchase. service contract for that system, which When OPA President Tom Herrick re- was installed around 1990 and is now sponded that there will be a need for outdated, expires on May 31. Ocean Pines, & West Ocean Citysaid, equipment software and aServing computer server up-BerlinAdditionally, Herrick grade, Jacobs lobbied for input from the is needed at the golf course to fuel the ad hoc committee that has been tasked

BOARD OF DIRECTORS

April 2017 Ocean Pines PROGRESS

Gas systems From Page 26 new gas-powered golf carts acquired by the OPA to replace electric carts. Finally, the existing server must be replaced because it is not able to accommodate the additional memory needed to operate the proposed fuel management system. Herrick said the new system will improve accountability because it can provide detailed tracking of all fuel usage. Still, Jacobs maintained the project should be discussed with the Technology Work Group. Particularly since the project involves acquisition of software, she said the board doesn’t have sufficient information to consider the request. Director Slobodan Trendic, who supported the request, said Jacobs made a good point about not seeking input from the Technology Work Group. He said the OPA does not want “to end up with islands of isolation” with no ability to communicate between computer systems. Jacobs argued that consideration of the purchase could be postponed until the April board meetings because it was “dropped us on the 11th hour.” She said she isn’t necessary opposed but wanted more information, particularly a status report on Mediacom’s existing infrastructure. Trendic agreed, saying the purchase and installation of the new system “needs to happen” but he said he wanted to ensure it integrates with the back office. Director Dave Stevens the Technology Work Group is working on a 20-year problem and it is going to take time to resolve many of the association’s system challenges. “This is kinds of like a dot compared to all the other problems,” he said, adding that there will always be areas of technology that cannot be connected to the overall network. “1990? Come on,” Stevens said, asking, “How many gas pumps are out on road that are 1990?” Directors ultimately approved the purchase for the Gasboy Top Kat Plus system and Atlas standard speed dispensers, with just Jacobs opposed.

Board postpones vote on Jacobs’ proposal ending board liaison to Search Committee Herrick suggests making sure liaison isn’t running for the board By ROTA L. KNOTT Contributing Writer s the Ocean Pines Association begins seeking property owners to run for two seats in this summer’s election, the sitting Board of Directors is pondering whether to appoint a liaison to the Search Committee tasked with developing a slate of candidates. Director Cheryl Jacobs presented a motion to do away with the liaison to the Search Committee during a March 25 meeting, but the board at her suggestion opted to table consideration until the Bylaws and Resolutions Advisory Committee reviews the proposal. Jacobs said it is inappropriate for the board to have a liaison to a committee charged with soliciting and evaluating the candidacy of individuals seeking election to that same body. The role of the committee is outlined in resolution M-09, which outlines the responsibility of the general manager and staff to provide support throughout the process. But, unlike resolution C-01, which establishes general guidelines for OPA standing advisory committees and their board liaisons, nowhere does it specify that a board representative is appointed to support the Search Committee. Particularly when a sitting director is running for re-election and serves as a liaison to the Search Committee, there can be an air of impropriety, Jacobs said. She said the director can garner knowledge of other candidates that could be used to improperly gain an advantage in the election. OPA President Tom Herrick, the current board liaison to the Search Committee, said resolution M-09 calls for appointment of the Search Committee by Feb. 1 of each year. The board missed that deadline but approved appointments to the committee later during the March 25 meeting. The role of the committee is to stimulate interest in the forthcoming election, solicit candidates from a broad spectrum of Ocean Pines property owners, provide information about the application process, and assist candidates with applying to run for election. Any Ocean Pines property owner need not receive the approval of the committee, or even interact with it to any significant degree, in order to run for the board. In recent years, many if not most candidates emerged without being solicited by the Search Committee. Herrick argued that resolution C-01 calls for the president to appoint board liaisons to the committees, and therefore the Search Committee should be no different. He said the directors do not serve as members or provide direction to the committees; they simply provide a direct link to facilitate the flow of information between the committee and board. Herrick said language could be included in the authorizing resolution stating that if the board liaison to the Search Committee becomes a candidate in an election, the president will appoint a different member to fill that role. He said the board can revise the resolution to fits its needs. Director Dave Stevens said the Search Committee is different from other standing advisory committees because it is one of the only committees specifically mentioned in the OPA bylaws. He said that indicates that the Search Committee is unique. “So it’s not automatically grouped with all of the other committees,” he said, seeming to give Jacobs’ proposal a lukewarm endorsement. Director Pat Supik said a director who is liaison to that committee could affect the results of an OPA election. She said the director could influence other committee members and have an impact on which property owners are nominated as candidates. Herrick said “any director can violate any rule.” He said the Search Committee is required to have open meetings that are announced in advance. Any director can attend those meetings and talk to anyone they want about the upcoming election. Jacobs asked to table her motion to allow further discussion regarding the proposal by the Bylaws and Resolutions Committee, to which she is the board liaison. During discussions, it seemed that she might have been swayed by Herrick’s argument that any perceived problem is solved if the committee’s liaison is not running for the board.

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Board approves technology RFI

tic cable throughout Ocean Pines. Think

nology Work Group wants to scope out

with his contract extension vote a possible contributing factor. Also voting for the extension was possible solutions through issuance Dave Stevens, who wasn’t the on the ballot ofthis a request for information (RFI). year but isn’t known as a Thompson The work group also is waiting for a fan. Both Collins and Stevens explained report from Mediacom, the lone supplier their asInternet the best in deal possible for of highvotes speed Ocean Pines, the given that, at the time, there on theOPA status of its current asset base in was a Pines, solid majority of pro-Thompson diOcean especially the extent of its fiber optic build-out. rectors who could have renegotiated the On behalf of the ad hoc Technology contract to make it even more lucrative Work Group, Herrick offered a motion for Thompson. at the March 25 meeting to solicit an Stevens was participating in the official RFI regarding network connecmeeting via for telephone, and said facillater tivity options the association’s he might have voted differently had he ities. He said the group recognized the been at network the personenvironment to hash out is thenot decurrent optimal identified the need to have tails of and a renegotiation. various facilities in the community and inElections have consequences, terconnected to improve efficiency of opwith the election of Hill and Slobodan erations. He said the RFI is designed to Trendic it was apparent that Thompson gather information on the options availno longer had the a solid majority of supable to address network challenges porters on the board. within the OPA. Indeed, Cheryl there was an wanted expectation Director Jacobs to wait until the OPA has better in the community that,a at someunderpoint, standing of the status probably of its existing Thompson’s contract wouldinbe frastructure. She said the board terminated by the new board. Inneeds pubmore information prior to issuing a published accounts, Thompson himself said lic RFI and asked that consideration of he motion was expecting the board to move in a the be postponed. new direction. She suggested amending the motion to draft and solicit an RFI “as soon we Thompson served six years as as generhave the backup al manager, andinformation.” that’s well within the Herricktime responded that Directorof average of service for managers

no mention of possible termination. BOARD Trendic told OF the DIRECTORS Progress several days after the decision to terminate was was appropriate to put forth the motion made that “absolutely” for soliciting the RFI. there was no intention or expectation by the board maHerrick said the group is seeking injority of Herrick, formation to help Trendic, with its Stevens review and the decision-making process. Hill board’s that Thompson’s contract would be “What we have in pretty badAug. shape terminated in theisclosed session 26. andHe we’re improvedeclined it,” he said, andlooking other to directors an adding that “all they’re asking for is inemail invitation by the Progress to disformation.” cuss how and why theTrendic decisionsaid to terDirector Slobodan he, minate the contract occurred, citing the too, would be more comfortable if the confidentiality of closed meetings. about board had additional information its existing system as well as potential The press release announcing improvements by Mediacom before the sodecisionthe said only that the contract was liciting RFI. Director Dave Stevens said they made for convenience, meaning that are the two separate First, the any associaboard majorityissues. was not alleging sort tion needs “to find what is out of wrong-doing on out Thompson’s partthere” that as options for improving or replacing the would have justified a termination for existing system, he said. Then, it needs cause. to find out what resources are available The its termination for convenience through current provider, Mediacom. means thatsaid Thompson willdoes reapnot a generStevens the OPA have to for onepackage, piece ofincluding information to ouswait severance salary get other. andthe benefi ts for nine months, although Director he Patno Supik, a secapparently longerwho willgave be eligible ond to Herrick’s motion, said the RFI for any bonuses. is simply to what find out options are Nine months of she salary outany to available. She said doesworks not see $123,750 for work that need not be perreason not to proceed with issuing the formed. document. The was ultimately approved The motion veil over deliberations in closed by the board with Herrick, Supik, and Stevens in favor and Jacobs and Trendic opposed. Parks and Hill were absent.

What’s precious to you isprecious precious What’s to to us.

Doug Parks, who serves as board liaison to the Technology Work Group, felt it



closed meeting that began with offered the motion to go into closed session, in prepared remarks explaining his thePines intended purpose ofApril reviewing 28 Ocean PROGRESS 2017 General Manager Bob Thomp- motion said that five board members reson’s employment contract, including cently had discovered “many disturbing what one director described as “disturb- factors surrounding the handling of the ing factors” involving a $30,900 bonus GM bonus (for the 2015-15 fiscal year),” for better-than-budgeted amenity finan- as well as “adjustments already made to cial performance, ended up with a high- this year’s budget related to the bonus ly contentious 4-3 vote to terminate the clauses” that would have made it much Directors rebuff effort by Think Big Networks contract and Thompson’s employment easier for Thompson to earn a bonus related questions to amenity performance this year. manager to pose with the Ocean Pinessales Association. Hill in his explanation said that the Director By ROTA KNOTBrett Hill was chosen by Big uses so-called “dark fiber” installed board “has obligation to discuss the boardWriter majority to serve as interim by its partner an to offer high-speed Inter- a Contributing more objective measure of bonus calcunet connectivity to residential and commore general than 15manager years, the Ocean a or oracting pending lation, so a notifi cation of a (reopened) mercial customers. Pines Association has discussed the search for a replacement. Before she was ablewould to speak, need evaluate and upgrade its contract negotiation be inshe thewas best At a tospecial meeting of the Board off by of OPA President Tom further Herrick, network system to improve connectiv- cut interest all parties to avoid isof Directors Aug. 26, the directors votthought it years.” improper that a potenity and standardize operations. During who sues in future ed 5-2, 25 with directors Renaud and tial service provider would participate a March meeting, thePat Board of DiA discussion.Think decision to revisitBig theiscontract by Cherylin Jacobs dissenting, to gotwo into in the the comrectors, a narrow 3-2 vote with the Aug. 31 deadline would have opened closed session to discuss Thompson’s members absent, finally agreed to seek pany that late last year requested the a two-month windowfor forsome the board and in exchange technolinformation on thehad issue fromextended potentialfor easement contract, which been Thompson to renegotiate, something ogy upgrades for the Ocean Pines Police contractors. three years on April 28. FTS’ chief executive officer The directors also discussed pro- Department. that Thompson probably would have Undisclosed at the time thethe contract Brett Hill,Back an OPA director and itsto posal to seek information from potential is welcomed. in April, he offered extension was made public was a progeneral manager. FTS was notin suppliers of high-speed Internet and acting drop amenity-based bonus incentives vision that allows the “new board” – in mentioned by any director at either the other technology vendors at their March exchange for a more predictable incenthe board that had three new March 20 or March 25 board meetings. 20 this workcase, session. tive package, butoftheHill’s boardboard at the coltime Clearly, none members a result of this in summer’s But they as weren’t interested hearvoted 6-1 to extend the contract for anleagues were ready to discuss the FTS ingOPA fromelection one potential supplier of high-ex– to revisit the contract other three years without change. easement proposal, apparently believing speed Internet, Think Big Networks, out tension, whether to renegotiate it or terof it isOPA premature. Before of Chestertown, Md., whose sales man- consideration New anointed President Tom minate it, or keep it in force as written. OPA issues a request for proposals ager, Judy Morgan, was on hand to ask the Herrick was the only director to vote contract ed company’s an Aug. 31 (RFP) for any particular technology aboutThe the status of aspecifi partner against the extension. One of the direcdeadline for easement making atodecision the solution, the directors through its Techrequest for an lay fiberonop-

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April 2017Ocean Pines PROGRESS

OPA still in negative territory for year, driven by large losses at Yacht Club Yacht Club’s $67,019 in red ink in February adds to negative operating fund variance of $231,000 for the year, or $6,000 more than OPA’s total cumulative variance of $225,500 By TOM STAUSS Publisher he Ocean Pines Association remained in negative territory ten months into the 2016-17 fiscal year relative to budget, with two months remaining in which to turn things around. February financial results indicated that the OPA has a cumulative negative operating fund variance to budget of $225,525, not including new capital expenditures. The negative operating variance including new capital is $295,962 through February. With the OPA falling behind budget forecasts for the year, actual results indicate that the OPA is still in surplus after ten months. The surplus is $1.76 million, compared to a forecasted $1.4 million. The difference is a negative $223,525, excluding new capital expenditures and loan principle. In February, the OPA recorded a $573,500 net operating loss, excluding new capital, but that beat the budgeted loss by $6,392. With new capital over budget by $12,749, that positive variance moved into negative territory by $6,357. According to Director of Finance Mary Busack’s February report, the $6,357 negative operating fund variance to budget for the month was driven by revenues over budget by $59,203, total expenses over budget by $52,811, and new capital over budget by $12,749. Through February, the cumulative negative operating fund variance of $295,962 was the result of revenues under budget by $225,641, total expenses under budget by $116, and new capital over budget by $70,437. With operating expenses virtually spot on to budget, the cumulative negative variance for the year can be seen as the result of revenues not meeting forecasts and new capital expenditures exceeding forecasts. Amenity performance in February was typical for this time of year. All but pickleball among racquet sports recorded modest deficits for the month, with pickleball in the black by $65. Aquatics, golf operations, Beach Club, and Beach Club parking recorded losses for the month, as they did in January. Marinas, which are closed for the year, lost $2,048 for the month. For the third month in a row, the Yacht Club racked up a substantial loss, on the heels of similar losses in December and January. The Yacht Club’s loss was $67,019 in February, a modest improvement over the $71,847 loss in January and the $71,032 loss in the December. The cumulative loss for those three months was $209,898. After recording modest surpluses in September and October, the Yacht Club had slipped into a

deficit in November, with a $38,298 loss. That means for the past four months, the cumulative loss at the Yacht Club was $248,196, just short of a quarter million dollars. For the year, the Yacht Club has run up a $145,961 deficit and is $230,744 behind budget. A year ago through February, the Yacht Club was still in the black by $18,864. That’s a year-over-year negative swing of just less than $165,000. The Yacht Club’s $230,744 negative variance to budget is actually about $5,000 more than the cumulative operating fund variance for the year, not including new capital. The near quarter million in losses for the last four months has prompted former Ocean Pines resident Martin D. Clarke, an announced candidate for the Board of Directors in this summer’s election, to renew his call to close the Yacht Club later this shortly after Labor Day, to reopen in the spring of 2018. “(Acting General Manager) Brett (Hill) has put his heart and soul into the Yacht Club (over the winter), with a quarter million in losses to show for it,” Clarke said, “and another $100,000 or so in capital expenditures on top of that. He has proven that no matter what we do, what he wants to accomplish over the winter months at the Yacht Club can’t be done. This year, we should simply close it down after the summer and bank the surpluses.” He said staff should not be booking events such as weddings after the summer. He recently sent an e-mail to OPA directors asking them not to allow staff

to book events at the Yacht Club after the summer. He said that director Doug Parks sent back an e-mail in agreement, while Slobodan Trendic said the solution is to lease out the amenity. Other directors did not immediately respond, Clarke said. Director Dave Stevens told the Progress in late March that he was still pondering a reply to Clarke. He said he is considering a proposal to his colleagues calling for a closure of the Yacht Club after the summer months, perhaps as late as October or November, but with the caveat that limited dining service be shifted over to the Country Club, currently being renovated. “I might add a fireplace to current second floor renovations, which could help make the Country Club a cozy gathering place during the winter months,” Stevens said. Golf operations, recently brought back in-house after an operating contract with an outside management firm was terminated, recorded a positive variance to budget of $12,604 in February despite an operating loss of $41,612. That compares to a $46,493 loss in January, virtually identical to December’s bottom line. The roughly $5,000 improvement probably reflects better-than-typical weather in February. OPA officials have declined to spell out details of the agreement terminating the contract of Landscapes Unlimited, but with a 60-day notice requirement in the contract it is likely management fees were still paid the

The Ocean Pines Association’s financial results by department for February, 2017.

company in February. Golf operations are in the red by $144,756 for the year through February, compared to an $88,621 loss through February a year ago. All other major amenities remain in the black for the first eight months of the year. Of the amenities which are still open for business during the winter months, Aquatics remains the most profitable for the OPA, with a $39,002 surplus through February. In February, Aquatics lost $29,380, missing its budget by $7,399. Through the same period a year ago, Aquatics was $46,215 ahead of budget. That means that Aquatics is running roughly $7,000 behind its performance a year ago. With two months remaining in the fiscal year, Aquatics would need to average roughly $20,000 in losses in March and April to break even for the year. Last year, the department lost just over $10,000 for the year, its best performance by far in more than ten years. All three racquet sports were close to budget in February, with tennis losing $766, platform tennis in the red by $431, but pickleball in the black by $65. All three are in the black for the year through February, tennis by $5,259, platform tennis by $1,828, and pickleball by $6,527. While tennis is behind budget for the year by $2,782, the amenity is outperforming last year’s results through February. A year ago, tennis had a $102 deficit through ten months of the fiscal year. Platform tennis is $2,671 ahead of budget for the year, but is off last year’s cumulative surplus through February of $3,048. Pickleball is behind budget by $880. Its surplus through February a year ago was $8,497. Three amenities that are shuttered for the winter all recorded robust surpluses during late spring, winter and early fall

OPA FINANCES

30 Ocean Pines PROGRESS Family Fun Day

April 2017

From Page 1 to 8 p.m. Sunday during the last three hours of the Family Fun Day event, and two hours after. The pool will close at 6 p.m. this year because of county permitting issues related to parking. The OPA is opting to open the pool an hour earlier this summer to compensate. Pool members have exclusive use of the Oasis pool beginning at 7 a.m. daily until 10 a.m. Regular Oasis hours will be from 10 a.m. to 6 p.m. Well aware that the loss of adults-only swimming at the Yacht Club pool on Sunday afternoons might be controversial, Hill is introducing adults-only swimming to the Swim and Racquet Club pool on Sundays from 1-8 p.m. The first day of adults-only swimming there is also Sunday, June 4, which will enable the Aquatics staff to adequately prepare members and other users that the S&R pool won’t be open to anyone under the age of 18 on Sundays from 1 to 8 p.m. Aquatics Director Colby Phillips told the Progress recently that because the new schedule won’t be in effect when the pools open Memorial Day weekend in May, staff will have time to publicize the new hours. On Sunday afternoons, families with kids under 18 will be directed to the Yacht Club for Family Fun Day, or any of Ocean Pines’ three other pools – Mumford’s Landing, the Beach Club or the indoor Sports Core pool. In his e-mail response to questions posed by the Progress, Hill said the Sunday Family Fun Day will allow the Yacht Club restaurant operations, including the tiki bar, to capture revenues lost from moving the Wednesday Family Fun Night to the Swim and Racquet pool.

“In evaluating usage, the swipe activity (from membership or debit cards) showed management that members use the (Yacht Club) pool more during the week vs. the weekend, and the number of users of the pool was greater in the morning rather than afternoon,” he said. “Sunday was chosen (for Family Fun Day) because it had the lowest impact on the member usage. Additionally, the extra hours of time added at S&R gives the adults one (afternoon and early evening) night of an adult only pool,” he said. The new adults-only schedule at the Swim and Racquet Club pool produces seven hours of exclusive use of the pool by those 18 and older, while the loss of adults-only usage at the Yacht Club amounts to only four hours. That’s a net gain of adults-only hours of three hours on Sunday alone. In addition, adult pool members are recapturing another three or four Wednesday late afternoon hours that had been reserved for families in recent summers for Family Fun Night. Because the Monday afternoon family hours won’t be continued this summer, that’s another three or so hours that will be recouped for adult only swimmers. To those who contend that the Sunday Fun Day is part of a strategy to convert the Yacht Club pool into a family pool, counter to the traditional designation of the Yacht Club pool as adults-only since the 1970s, Hill said “it’s pure speculation and without merit” or basis. “The demand for an adult only “Oasis” is strong, hence the renaming of the pool to the Oasis,” Hill said. In effect, he is suggesting that the rebranding to Oasis is intended to ensure long-time users of the Yacht Club pool that its traditional adults-only character is here to stay. It’s also not a decision that Hill would

likely make on its own to change. The line between operational decision-making and policy-making is sometime difficult to define. There have been numerous disagreements at the board level on this question in recent months, with some directors contending Hill has been exceeding his operational authority, unilaterally making policy. But changing the status of the Yacht Club pool from adults-only to family would be one that, arguably, would have to be made by elected directors in their policy-making role. The limited changes Hill has made already has generated some opposition within Ocean Pines. Gary Miller, a member of both the Clubs Advisory Committee and the Aquatics Advisory Committee, is launching a petition and letter drive to reverse the change. His letter of opposition is published in the Opinion section in this edition of the Progress. The Aquatics Advisory Committee discussed the proposed changes at its April 4 monthly meeting but so far has taken no position opposing or endorsing them. Miller’s letter opposing the change was posted on oceanpinesforum.com April 7. He did not ask the committee to join in his effort. It was Miller who spearheaded opposition to a pirate ship-themed playground equipment at the Yacht Club, contending it is part of a strategy to convert the Oasis pool into a family pool for all age groups. As this edition of the Progress was going to press, it appeared that the Miller letter was having an effect on the directors. Sources said the board would take up the issue of Family Fun Day either at a special meeting or scheduled meetings this month.

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COVER STORY Discount policy From Page 1 attract customers who might otherwise dine or drink elsewhere, in numbers sufficient to offset less profitability per check. He said the OPA’s food and beverage operations are business amenities, not necessarily intended to break even, but he said he wants to get as close to that as possible. Hill said that the idea for the discount was developed by himself, newly appointed OPA food and beverage manager Brian Townsend, and Denise Sawyer, the OPA’s marketing and public relations director. Hill said it evolved from an initial idea to offer some sort of loyalty discount to customers after reaching a certain level of spending. “Our POS (point of sale) system doesn’t have the capability of storing information, but it can handle discounts,” Hill said. OPA President Tom Herrick told the Progress in late March that he was very much in favor of the new discount because it’s a way of the OPA giving back to property owners who subsidize amenity operations that don’t make money for the OPA. He said it’s consistent with a move by this year’s board of directors to make some amenities more affordable, citing reductions in golf membership fees as a way of encouraging more participation.

February financials From Page 29 and for the most keep those surpluses in the winter months. Beach Club parking through February is in the black by $391,155, marina operations are ahead by $213,048, and Beach Club food and beverage operations recorded a $136,403 surplus through February. Reserve Summary – The OPA through Feb. 28 had $6.57 million allocated to reserves, a modest drop from January and compared to $7.39 million at the end of December. The reserve balance was composed of $4.224 million in the Major Maintenance and Replacement reserve at the end of January, down from $4.41 million at the end of January and $5 million in December; $1.83 million in bulkheads and waterways, little changed from January; and $508,767 in roads, little changed from January. There are two components of the maintenance and replacement reserve. One, the so-called historical reserve, composed of funded depreciation, had a balance of $4,993,882 as of Feb. 28. The supplemental legacy reserve carried a negative balance of $769,412. Balance Sheet – As of Feb. 28, the OPA had total assets of $32.21 million, well above the $30.26 million for the same time in the prior year. The assets were matched by $1.54 million in liabilities and $30.67 million in owner equity. Cash on hand for operating purposes as of Feb. 28 was $1.84 million, with short term investments totaling $5.56 million.

April 2017 Ocean Pines PROGRESS

32 Ocean Pines PROGRESS

April 2017

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CAPTAIN’S COVE

April 2017 Ocean Pines PROGRESS

Hearn says he’s surprised by observations offered by Inman and Strickler By TOM STAUSS Publisher review of possible revision and modernization of Captain’s Cove property owner association organizational documents by attorneys produced some observations and recommendations that Cove president Tim Hearn found particularly surprising. At a meeting of the Cove board of directors March 23, Hearn reviewed the outcome of a preliminary review of the documents by Inman and Strickler, the Cove’s long-time law firm, following several months of review and discussion of possible changes conducted by Hearn and the board. Before finalizing an amendment package and sending them out for a referendum vote of Cove property owners, Hearn and the rest of the board wanted the law firm’s opinion on them. They wanted to know whether the attorneys felt any of the proposed changes could run afoul of Virginia laws or court precedent involving property owner associations such as Captain’s Cove Golf

and Yacht Club, the Cove POA’s official name. Hearn said the attorneys would be invited to the board’s next meeting to flesh out their initial findings and answer questions about them. He later told the Progress that while the opinions of the attorneys wouldn’t necessarily be binding on the board, directors probably won’t be inclined to include certain changes in the proposed amendments if the attorneys believe they stand a good chance of being overturned in a Virginia court challenge. One surprising opinion from the attorneys is a conclusion that Cove documents don’t preclude the POA from levying a special assessment and that Virginia property owner association law permits them “except in cases where organizational documents explicitly state otherwise.” Hearn said during the meeting that it’s been a long-standing assumption that the Cove board was precluded from imposing special assessments, and that previous boards operated under that understanding.

That’s a topic that the attorneys are researching further and will be reporting on at the next board meeting, Hearn said. Another surprise from the attorneys was its recommendation against a tiered membership structure to replace the uniformity present in the existing structure, with the exception of a supplemental waterfront assessment spelled out in the documents, Hearn said. The board has been considering a change that would allow for a lower assessment in sections of the Cove without road or utility improvements or, possibly, simply without a home present on the lot. The attorneys recommended against this change, Hearn said, because the uniformity present in the current structure has been in place for 45-plus years. In answer to a question posed by the Progress, Hearn agreed there was an apparent inconsistency in the attorneys’ explicit endorsement of a change in long-stand practice with respect to special assessments but recommendation against a change that would permit

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tiered assessments. “That’s an area they’re researching and will be back to us with applicable statutory language and case law,” Hearn said. “I’m sure they will be able to answer questions about all this once they complete their research.” The attorneys also are recommending against any changes in the ability of the POA to levy fines against property owners who violate community rules, in what’s known as the $10/90 day charge, as well as a proposal to allow lower assessments on contiguously-owned multiple lots owned by a single owner. Hearn said the attorneys have said it’s okay if the board decides to cast POA-owned lots in the referendum, “as has been done in the past” by previous boards, and that the board has the option of “bundling” all the proposed changes in a single package that can be voted up or down. The alternative is to allow votes on each proposed change individually. Hearn said the attorneys have concluded it’s not necessary to incorporate the 2012 settlement agreement that led to developer control of the board into Cove documents. “A separate document does not disqualify its terms” is the way this topic was explained in the agenda of the March 23 meeting. q

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Inman and Strickler

From Page 33 In three other areas, revisions to deed restrictions in sections 14 through 18, bulkheading requirements and the definition of “waterfront” as it relates to assessments, and accessory structures such as a detached garages on adjacent lots, Hearn said the attorneys are continuing to review or are developing language for possible inclusion in the referendum package.

Traffic Group traffic study – With director Rosemary Hall the lone dissenter, the board during the March 23 meeting voted for a motion offered by Hearn that would authorize up to $30,000 for the Traffic Group to conduct traffic count and vehicle speed studies on Captain’s Corridor, Jolly Roger and possibly other major thoroughfares this spring and, possibly, this summer. The studies could lead to recommended safety solutions including speed bumps, designated crosswalks, round-

abouts, double center lines or other ways to reduce speed on heavily traveled Cove streets. Representatives from the Traffic Group were on hand to explain their services and the types of solutions they recommend depending on what is discovered in their traffic count and speed studies. It’s possible that the studies will show that the problem of speed isn’t acute enough to warrant any safety solutions. Hall opposed the motion in part be-

cause she said there was a lower cost proposal submitted by another company. She said the Traffic Group proposal started with a baseline of $18,000, not the $30,000 limit in Hearn’s motion. “I hope no one thinks it’s going to cost $18,000 (to deal with this issue) because a baseline is $18,000,” Hearn replied. The ala carte approach his motion included says the first phase – traffic studies – could cost up to $30,000, depending on whether the board and company deq

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CAPTAIN’S COVE Inman and Strickler

From Page 34 cide to do a study in the summer rather than relying on the results of a spring traffic count when school buses are still operating. But solutions could boost the final cost up to $100,000, he said. Alternate director Dave Kieffer said he initially was going to oppose the motion but reconsidered because Hearn had indicated that this year’s study could be “extrapolated” to future years when the Cove’s home total exceeds the 1,000 or so currently built. “So I don’t object to spending money now,” he said. In response to concerns expressed by some residents attending the meeting objecting to the expenditure of any money on professions to deal with the problem of speeding, Hearn said there “is no traffic engineering expertise” in the community. He also said that in the Cove’s 45plus years of existence, no traffic study had ever been conducted but that with 1,000 homes and school buses operating on Captain’s Cove, one is long overdue. Fiber optic update – Also at the March 23 meeting, Communications Director Justin Wilder disclosed that he had supplied the Think Big Networks sales manager with a list of property owners in the Cove. The company and its partner, FTS Fiber, had indicated that it would need commitments of roughly 350 homeowners before it could begin the task of laying fiber optic cable for highspeed Internet service in the Cove. Wilder said that as of that date about 85 homeowners had signed up, and that the company had had some results from an ad published in the February Progress promoting the benefits of high speed Internet. There is no cable television provider in the Cove, and Internet connections are generally slow through Verizon DSL service. When line of sight permits, satellite dish installations are possible. Ambulance service – A representative from the Greenbackville Fire Department updated residents during the March 23 board meeting on frustrating attempts to improve response time to emergency service calls from within Captain’s Cove. When responders are unavailable from the Greenbackville department, calls are routed to nearby Oak Hall, whose response time is 20 minutes or more. The Accomack County supervisors recently voted against a proposal that would have provided additional funding for ambulance service out of Greenbackville. The funding issue reportedly will be revisited in a year with updated emergency call data. Dog park – The board has authorized up to $15,000 for the installation of a dog park in the Cove Commons area, and work should begin on the project shortly, with Facilities Manager Rob Girard working in tandem with a committee of residents who had lobbied the

April 2017 Ocean Pines PROGRESS

board for the dog park. Kieffer was the only board member somewhat skeptical about the expenditure in discussion during the March 23 board meeting. “My concern is adding new money for any amenity that won’t be used,” he said. Hearn said that 55 different households had expressed interest in the dog park, and one committee member said that the dog park will be better used than tennis courts elsewhere in the Cove. Budget for 2017-18 – Also at the March 23 meeting, the directors approved a motion that will authorize L&H accounting firm to draw up the first draft of the 2017-18 Cove budget, with the assessment remaining at $1200 per year and a $200 tacked on for

property owners who live on bulkheaded canal-front property. Exempt from the waterfront assessments are waterfront owners who live on lakes, guts or directly on the bay. The premise behind the waterfront assessment is that canal-front owners benefit from the dredging that occurs in the canals, even if that dredging does not occur in the immediately vicinity of a home. Dredging can only occur in heavily silted areas approved by regulators, often at the mouth of a canal. Hearn noted that the $75,000 or so collected from the waterfront assessment does not come close to covering the annual cost of dredging in the Cove, so dredging costs are shared by all property owners. Director Rosemary Hall strenuously

objected to the waterfront assessment as proposed, saying that it was inequitable because many waterfront owners were exempt from it. She advocated a thorough revision of the waterfront fee structure, but no other director agreed. An amendment to his own motion offered by Hearn to eliminate the waterfront fee altogether did not receive a second, effectively killing it. That left both the $1200 base assessment and the $200 waterfront assessment intact. Hearn said that as it now stands, the Cove reserves are still underfunded by several hundred thousand dollars, but he said he was not prepared to advocate raising the assessment to bring the reserves up to a more acceptable level. Hearn told the Progress that he was “surprised” that his proposal to eliminate the waterfront fee failed.

Thursday, April 13 Annual Arbor Day memorial tree planting ceremony, 10:30 a.m., Pintail Park in Ocean Pines, Or Ocean Pines Yacht Club in the event of inclement weather. A tree will be planted in memory of loved ones who passed away during 2016. Luncheon to follow at the Cove in Mumford’s. Cost $20, Menu choices are: strawberry spinach salad with goat cheese, almonds and grilled chicken; brie grilled cheese on French toast bread with sweet syrup and tomato bisque; or crabcake slider with garden salad. Beverage station, dessert, and cash bar.Reservations, Marian Bickerstaff at mbickerstaff@mchsi.com or 410-208-2508.

HAPPENINGS

Friday May 5 Ravens Roost #44 fund-raiser for Atlantic General Hospital, Skye Bar, 6601 Coastal Highway, Ocean City. $25 ticket includes two drinks from a selection of martinis, cocktails, beer and wine, plus light appetizers. Raffle tickets to be sold for various items. Tickets, Gary Miller at garywm@mchsi.com or 443-618-9972.

Monday, April 17 Democratic Women’s Club of Worcester County, monthly meeting, Ocean Pines Community Center, Assateague Room, 9:30 a.m. coffee, 10 a.m. business. 410-973-1021. Tuesday through Thursday, April 18-20 Maryland basic boating safety course, Ocean Pines library, 6-9 p.m., sponsored by the Coast Guard Auxiliary, Flotilla 12-05, Ocean City. The Maryland Safe Boating Certificate is required for all boat operators born after July 1, 1972, and is awarded after successful completion of the course. Piloting in local waters, tying nautical knots, foul weather tactics, legal issues, marine maintenance and common medical issues that can occur while boating. $15 for all three evenings. Registration, Barry Cohen, 410-935-4807, or CGAUX1205 @Gmail.com. Thursday, April 20 Pine’eer Craft Club, monthly meeting, 9:45 a.m. refreshments, 10 a.m business. Craft: Beaded Watch Band. Sharon, details (410-208-3032 Bus trip to Harrington casino, sponsored by the Ocean Pines Boat Club. $20 cost includes $15 slot play and a $7 food voucher toward lunch buffet. Leaving Ocean Pines 10 a.m.. and returning 5 p.m. Reservations, Bar-

bara or Tom Southwell, 410-641-5456. Friday, April 21 Wine tasting and silent auction, sponsored by the Kiwanis Club of Greater Ocean Pines-Ocean City, 4:30-&:30 p.m., Ocean Pines Community Center. Tickets $15, available in advance, 410208-6719 or 443-896-4914. Must be 21 or older to attend. Great wines, food, live music the band “Still Rockin”. Biggest auction item: A week in Massanutte, Va., condo Oct. 7-14. Proceeds benefit the youth of the community. Saturday, April 22 Annual spring indoor/outdoor flea market, Ocean Pines Community Center and Whitehorse Park, 8 a.m. to noon. Gently used clothing, household items, collectibles and more for sale. Ocean Pines resident vendors $15 indoor, $10 for outdoor space; non-residents $20 indoor, $10 for outdoor space. Free admission for customers. Vendor registration, 410-641-7052. Sunday, April 23 Italian feast, Church of the Holy Spirit, 100th Street and Coastal Highway, Ocean City, 4-6 p.m. Chicken Bryan, penne pomodoro, caesar salad, garlic breadsticks, iced tea, lemonade and coffee. Desserts $1. Tickets $15, available at the church, 410-723-1973, or Monica, 443-235-894. Monday, April 24 Work session, Ocean Pines Association, Board of Directors, Ocean Pines Community Center, Assateague Room, 9 a.m. Agenda posted on the OPA Web site several days before meeting. Saturday, April 29 Regular monthly meeting, Ocean Pines Association, Board of Directors, Ocean Pines Community Center, Assateague Room, 10 a.m. Agenda posted on the OPA Web site several days before meeting.

Sunday, May 7 Annual Italian dinner, hosted by Ocean Pines-Ocean City Kiwanis Club, DeNovo’s Trattoria, Village Square Shopping Center, South Gate, Ocean Pines. Two seatings of 100 guests maximum, 5 p.m. and 6 p.m., on a firstcome, first-serve basis. Walk-ins if available, carry-out. $12 for adults and $5 for children under 12. Reservations recommended, Ralph Chinn, 410-208-6719. Monday, May 8 Geranium sale, Democratic Women’s Club, eight different colors in a 6-inch pot for $6 each. Pay by check to DWC, P.O. Box 1242, Ocean Pines, MD 21811, by May 1. Pick-up noon to 4 p.m., Ocean Pines Community Center parking lot. 301-651-3984.

Ongoing

Free platform tennis clinics, Saturdays at noon, Manklin Meadows tennis complex. Bring sneakers, the rest is provided. Line dance classes, Monday and Wednesday, 9:30 -10:30 a.m., Ocean Pines Community Center. Beginners are welcome. Contact Betty Daugherty, 410-726-1818, or bettydau@aol.com Pinesteppers Square Dance Club, Wednesdays, 7-9 p.m., Ocean Pines Community Center with caller Dennis O’Neal. Visitors welcome. The group also hosts a dance the fourth Saturday of the month from 7-9:30 p.m., Pine Tappers free adult tap dance classes, Tuesdays, 2-3:30 p.m., Ocean Pines Community Center, regular class from 2:30-3:30 p.m. Every week or dropin as convenient. Lori, 410-251-2162.

36 Ocean Pines PROGRESS

OPINION

April 2017

COMMENTARY

Hair-splitting opposition to election transparency outcome that most logically flows from an open vote count. Transparency is attenuated if, after a vote count occurs, the results are closely held for a day by the Elections Committee. It turns out that the attorney who reviewed the committee’s proposed changes to M-06 has issued no definitive opinion in writing as to whether the committee can or should disclose election results on the day of the vote count. All he’s done in writing is to say that the results are announced and validated at the annual meeting. In board debate during the March 25 board meeting, Jacobs attempted but failed to make a case for why there should be a one-day delay in announcing the election results. She raised the specter of a tie vote – that’s never before happened in the 49 years of Ocean Pines’ existence – and the supposed difficulties of validating results if, as has happened once in the past ten years, a quorum of property owners fails to show up to “validate” the results. So what. Her point, whatever it was, amounted to a smokescreen of irrelevancy, because it failed to distinguish between “unofficial” or unvalidated results that could be disclosed at the time and place of the vote count by the Elections Committee and the “validation” that occurs at the annual meeting, or if there is no quorum, by the board at its earliest opportunity. She can filibuster and obfuscate at length about the need for validation and the process by which that occurs, but none of that is in the least relevant to the question of why the Elections Committee cannot and should not announce the unofficial vote count as soon as it is known. Indeed, in local, state and national elections, “unofficial” results are posted immediately after the vote count, with an official tally occurring days if not weeks later by assorted local and state boards of elections. There is no cogent or logical argument that the Bethesda attorney or Jacobs, also an attorney, can offer as to why the OPA should not follow this same practice. As a practical matter, absent a request for a recount in a close election, there never will be any difference between unofficial and validated results. Jacobs’ obsessive attention to the validation process is pernicious hair-splitting. There is no place for this kind of micro-management of the OPA election process at the board level. At least some OPA directors seem indifferent to the opinion of another attorney in the mix, bylaws and resolution committee member Jim Trummel, a former committee chairman who is perhaps Ocean Pines’ pre-eminent in-house expert on OPA’s organizational documents. He’s made it known that the bylaws do not preclude announcing results on the day ballots are counted, and his opinion ought to carry as much, if not more, weight than the tepid recommendation of a non-resident attorney far less familiar with the OPA bylaws than Trummel is. That some directors are seemingly eager to promote and extol the Bethesda attorney’s recommendation over Trummel’s and members of the two relevant committees suggests that they don’t really care about substance. They merely cite the Bethesda attorney’s alleged recommendation as useful cover for their own personal policy preference. OPA President Tom Herrick, who took some heat last summer when he resisted then board majority support for the traditional closed vote count, somewhat incongruously is resisting full transparency in the current debate. While whole-heartedly and quite properly supporting the abandonment of the traditional closed vote count, as he did last summer, he fully embraces the tra-

dition of initially announcing the results at the annual meeting of association members. Tradition should be followed, in other words, except when it shouldn’t. To be sure, tradition has its uses, but when tradition is in opposition to another virtue, such as full election process transparency, it need not be blindly embraced. Herrick’s preference for a one-day delay in announcing the election results is a sincerely held opinion, but its rationale begins to founder upon scrutiny. He truly believes that delaying the announcement of election results until the annual meeting encourages attendance. On that point, he may very well be right. Implicit in his view is the notion that attendance at the annual meeting is something that the OPA ought to be encouraging, that there are important reasons to attend other than to hear election results. And implicit in that view is that the OPA members need an incentive to attend a meeting that they otherwise would forgo. Why, exactly, is there a compelling need for the OPA board to be attempting to micro-manage how an Ocean Pines property owner spends a Saturday morning in August? What, exactly, is so fascinating and important about this particular meeting that OPA members must be coaxed into attending? This past August, the annual meeting amounted to a full-court-press infomercial on the outstanding virtues and management prowess of the then general manager. Herrick could not have been mightily impressed or swayed by that unctuous and slick infomercial, as he and a new board majority summarily voted to terminate the former GM’s management contract several weeks later. Is there anything from last year’s annual meeting, or the annual meetings prior to that, that is remotely memorable or worthy of celebration or even recollection? Not hardly, and so it’s a wonder that Herrick, whose tenure as OPA president has been mostly positive and praise-worthy, is holding on to a tradition that is unworthy of such allegiance. In a recent telephone interview with the Progress, Herrick likened withholding election results to a child having to wait until Christmas morning to open his presents, when that child would have much preferred opening those presents early. That analogy, it must be said, is one that, upon reflection, the OPA president should most assuredly wish he could take back. He implicitly was comparing OPA members to impatient children who need to be restrained until such time as parents are willing to let their kids open presents. In fairness to Herrick, this at best was an cringe-worthy attempt to preach the virtue of patience and delayed gratification. But it also cast him in the light of a paternalistic authority figure needing to guide “impatient” OPA members for their own betterment. Perhaps when he fully realizes the import of this inelegant and paternalistic analogy, Herrick will reconsider all of his assumptions and come down on the side of full transparency in concert with the recommendations of two advisory committees. Perhaps, too, he will be willing to attach less importance to his personal preference on this issue and more to the views of his constituents, of whom he is supposed to represent rather than guide, manipulate, or quite unintentionally, compare to impatient children. A poll on oceanpinesforum.com indicates that more than 80 percent of those participating OPA members favor full transparency, not the attenuated version favored by some directors as the lesser of evils. While not necessarily dispositive of the OPA membership as

adly, the Board of Directors so far has been unable to come to a sensible agreement on proposal by the Elections Committee, with support by the Bylaws and Resolutions Committee, to lift the veil of secrecy that clouds the Ocean Pines Association electoral process. The Election Committee’s draft amendment to Board Resolution M-06 failed to muster a board majority on first reading at the board’s March 25, falling 2-3, with two directors – Brett Hill and Doug Parks -- absent and not voting. The good news, at least to those Ocean Pines Association members who care about such matters, is that the issue isn’t resolved, far from it. With a full complement of seven directors, it’s possible that full transparency in the OPA election process can be satisfactorily established as early as the April meeting. OPA Vice-President and director Dave Stevens has vowed to bring up the draft resolution again for a first reading. Based on conversation at a March 20 board work session, all seven directors are on board, or at least pretend to be, with the notion that the counting of ballots ought to be in open session of the Elections Committee. At least one of those directors, Cheryl Jacobs, when the issue rose to the forefront during last summer’s election season, was opposed, as was a board majority at the time, to the idea of an open vote count. So there is reason to doubt the sincerity of her new found conversion to the merits of transparency. Had last year’s election turned out differently, and had she been elected to serve as OPA President as some former directors had hoped and groomed her for, it’s likely that the old, dysfunctional Elections Committee would still be in place. Full transparency – an open vote count and immediate disclosure of results -- would be nowhere on the radar. On the current board, there are differing views on whether the members of the Elections Committee, in the routine performance of their duties in counting the ballots, should be compelled by the board not to disclose the results of the election immediately after all the ballots are counted. The issue is whether the board, which really ought to stay out of the election process as much as possible, will decide to micro-manage when the committee first discloses election results. That micro-management could manifest in a rewrite of the committee’s M-06 draft forcing the committee to withhold results of the election on the day of the vote count. The Bethesda-based attorney who reviewed proposed changes in M-06 for the two committees of jurisdiction purportedly has tepidly advised continuing with the tradition of announcing the election results at the annual meeting of the OPA members on the day following the vote count. According to members of both committees, this recommendation – as opposed to a definitive legal opinion on the merits – was based on language in the OPA bylaws referring to the current practice of announcing election results at the annual meeting of the members. But no one on either of these two committees say that the attorney has determined that OPA bylaws preclude the committee from disclosing unofficial vote totals on the same day as the vote count. There’s a very good reason for that. The by-laws do indeed refer to announcing and validating election results at the annual meeting, but they do not preclude the Elections Committee from initially disclosing the unofficial results on the same day the ballots are counted. There is no clear mandate either way. Absent a definitive instruction in the bylaws, the committee should be free to act without board interference. Immediate disclosure of election results is the

OPINION

April 2017 Ocean Pines PROGRESS

Beach Club changes are a high-risk gamble pointed by him. According to one very informed source who asked to remain anonymous, An excursion through the curious cul-de-sacs Huettner had grave reservations about An excursion through theby-ways curious and by-ways and cul-de-sacs the wisdom of Hill’s anticipated changes of Worcester County’s most densely populated community. of Worcester County’s most densely populated community. at the Beach Club and apparently told By TOM STAUSS/ By TOM Publisher STAUSS/Publisher him so. That could explain the subsequent lack of communication between age manager, the just promoted Brian antee of future success, or, it should be Huettner and Hill in recent months, a Townsend, will be working on much said, of continued employment. Less situation not unlike the relationship improved back office functionality de- than five years ago perhaps the most that festered between the former gensigned to cut down on the waste, fraud successful manager ever at the Yacht eral manager, Bob Thompson and a forand abuse – call it what you will – that Club, Joe Reinhart, found his services mer aquatics director, Tom Perry, in the haphazard and poorly controlled prac- unwelcome by the new general manager run-up to Perry’s departure a few years tices have spawned previously. at the time, despite having produced an back. Or governed the strained aforeThat, at least, is the theory, one that operating deficit of roughly $10,000 the mentioned relationship between Reinhart and Thompson. Hill has pitched and sold to his board previous year. When a department head doesn’t feel colleagues. Huettner similarly has delivered a In addition, it recently has become steady surplus at the Beach Club over that he or she has good communication clear that two other functions that pre- many years, in less than optimal aes- with the general manager and doesn’t viously had been handled by the Beach thetic circumstances. A seasoned pro agree with his vision and goals, a partClub manager – supervision of Beach like she is certainly knows that no one is ing of the ways is virtually inevitable Club parking – will be shifted to the truly irreplaceable. You can be sure she and in everyone’s best interest. Such appears to be the case with Aquatics Director, Colby Phillips, and will find a new challenge somewhere booking of entertainment will be han- on the beach this summer if she wants Huettner’s recent decision to resign. She dled this summer by Townsend, who’s it. She has a proven track record in the perhaps could have stayed and waited been doing that at the Yacht Club for restaurant business at the beach, some- out the arrival of a new general managsome time. thing that, it must be said, Hill is striv- er, but then again her job this summer would have been to implement, as best With all this in the works, it’s no ing to earn. wonder that Huettner would begin to No one knows whether his ambitious she could, the goals of the acting general wonder whether she really would have plans and aggressive revenue projec- manager. No new general manager is likely a place and a role to play at the Beach tions for the Beach Club this summer Club this summer. No one who has had are realistic, least of all the Board of to make immediate wholesale changes the responsibility and financial success Directors that approved them or Hill in the policies and procedures inheritshe has had would willingly embrace whose job it is to implement them, at ed from the prior regime. The first year changes that would substantially erode least until such time as a new general on the job is spent just learning names, that responsibility and put at risk the manager takes the reins. Whoever that the location of the nearest restroom, traditional “cash cow” status of the person is, he or she will be inheriting a and trying to avoid making any huge Beach Club. modus operandi largely put in place by mistakes. Rocking the boat isn’t norPrevious financial success is no guar- Hill, with department heads largely ap-

LIFE IN THE LIFE INPINES THE PINES

ne thing you can say about Acting General Manager Brett Hill: He isn’t shy about implementing a vision for Ocean Pines that, not to put too fine a spin on it, is shaking up if not eviscerating the status quo. During the recent (and mercifully) just completed 2017-18 budget process, Hill made it clear he had some very ambitious plans for the Beach Club this summer, not the least of which is to keep it open much later in the day (10 p.m.), seven days a week. His mission is to convert the Beach Club from essentially a morning to 5 p.m. operation catering to beachcombers into a higher octane nighttime operation that seems designed to cultivate a younger demographic than what, say, gathers regularly at the Yacht Club to sip cheap beer, listen to free, recycled music from yesteryear, and to skimp on tipping the wait staff. (Just kidding.) He disclosed during the budget review process without much fanfare other changes that would affect Beach Club operations this summer, including consolidation of food and beverage purchasing under a company-wide czar. Previously, Beach Club purchasing was the responsibility of the summertime Beach Club manager, who for the past 24 years has been the well-regarded Lynda Huettner. The theory behind purchasing consolidation -- and it seems plausible -is that the OPA may be able to obtain better volume pricing if it’s handled by a single individual working in tandem with the new director of finance, Mary Bosack. She and the food and bever-

Commentary From Page 36 a whole, it’s a good representation of those who actually care. If Herrick can’t be persuaded to rethink this issue, one other director, Brett Hill, ought to be a strong supporter of full transparency, and not only because he ran on this issue last summer. His limited remarks during the March 20 work session seemed to indicate he was persuaded by the recommendation of the OPA’s Bethesda attorney, but he left enough wiggle room on the issue that he could come down on the side of directors Dave Stevens, Slobodan Trendic and Doug Parks when this topic is revisited during April board meetings. There is always hope that he will see the light in time. The Bethesda attorney’s written summary on the issue of when vote results can be announced actually is far from definitive. Freed from advice that is at best tepid, Hill would be well advised to come down on the side of full transparency. As for Herrick, he’s a good-hearted soul who really believes he’s right on this one. Hill should do his colleague a favor and save him from making an unforced error. – Tom Stauss

OPINION

April 2017

From Page 37 mally what a new manager does in his first year, for perfectly rational reasons. As acting general manager who has not been drawing a salary, Hill has not seemed bound by a fairly typical and understandable reticence of general managers new to the job. He has replaced more than half of the department heads he inherited from prior management. It reflects a fearlessness stemming, at least in part, from knowing that he can’t be fired if his vision and execution prove lacking. Just a guess here, since she declined to respond to a phone call asking for comment, but it would not be surprising if Huettner resigned in part out of a sincere belief that Hill’s vision and objectives won’t be successful, and that, having voiced her objections, she might conclude she would be blamed for failure in the event that the financial performance at the Beach Club takes a dive this summer. But her letter of resignation is a shot across the bow of directors who, in approving the Beach Club and the rest of the 2017-18 OPA budget this past February, implicitly if not explicitly embraced Hill’s vision for the Beach Club. It’s as if she was saying: OK, boys and girls, this is your show, not mine, and if it goes belly up, you are the ones who should be held accountable. While Huettner pulled the trigger on her resignation, indications are that she read the tea leaves. It would not be surprising if she concluded that the diminution of her responsibilities in purchasing, beach parking and entertainment was management’s way of encouraging her to leave. So she did, but that does not diminish her years of excellent and loyal service to the OPA.

Opposition to Yacht Club’s new Sunday family fun day

According to the new Ocean Pines Activities Guide, it seems that the newly branded Yacht Club pool, now called the “Oasis” pool, is going to have a Family Fun Day on Sundays from 2-6 p.m. with a DJ on the deck outside of the pool from 3-8 p.m. The event is open to all ages. There will also be an Adults Only Swim on Sundays at the Swim and Racquet pool from 1-8 p.m. That means that the Adult Only Yacht pool is now open to families on Sunday (the busiest day of the week) starting at 2 p.m. I guess to accommodate the adults that do not want to be around kids, families with kids will be forced to leave the Swim and Racquet so that it can be Adults Only. In addition to this change, note that “Family Fun Night” is still going to be held on Wednesdays at Swim and Racquet. At a recent Board of Directors meeting, a group of us voiced our opposition to the pirate ship playground being placed next to the only adult pool. One of our concerns at the time was that it was a first step toward opening the adult pool to kids. Our voices fell on mostly deaf ears and the playground has been installed. Now as the second step, another day has been added where the “Adult Oasis” pool is open to kids. My personal opinion is that the adults with kids want to be able to drink at the tiki bar while their kids play in the pool, like they have done in the past at the Wednesday Family Fun Nights. Since there is no bar at the other “family friendly” pools, this is their only option. So it seems that in order to accommodate adults who want to take their kids to the only pool with a bar (so they can drink and then drive the kids home) Ocean Pines is opening its only adult pool to families on Sundays, the busiest

LETTERS day of the week. If drinking is the issue, maybe a better option is to open a bar at Swim and Racquet or allow adults to take in their favorite beverage. My experience has been that by 2 p.m. on Sunday, the pool is packed and there are literally NO chairs/tables/umbrellas available. What is going to happen when families with kids show up and there is no room? Will the Aquatics Dept. be forced to close and then reopen the pool to allow families access? My opinion is that some members of the Board of Directors (Brett?) are trying to make the Yacht Club pool into a family pool. For whatever reason, going to one of the other four pools is not enough. Interestingly though, the “Family fun Night” is still scheduled for Wednesday evenings at the Swim and Racquet pool. Seems that at least one of the problem is that parents can’t drink at Swim and Racquet so Ocean Pines is now offering a similar event at the YC pool where they can. Another issue may be that the Family Fun Night events previously held on Wednesday evenings from 6-8 p.m. were a big money maker for the tiki car and Cove Restaurant. The Oasis (Yacht Club) pool now has to close at 6 p.m., causing Family Fun night to be moved to Swim and Racquet, which will cause a drop in the tiki bar and Cove revenue. I guess having adults only on Sunday’s does not generate the same revenue? Apparently one way to bring that money back is to create a new event to replace the Family Fun Night revenue. Unfortunately that means opening the adult pool to kids. One of the factors that some members of the Board of Directors do not

seem to understand is that the Ocean Pines population is still primarily adults who do not have small children living at home. A lot of these people are older, some in their upper 80’s and 90’s, with health issues and many are unsteady on their feet. Having access to an adult-only pool where you can easily get in and out without fear there will be kids jumping on, or bumping into you and possibly causing you to fall is important and reassuring. Being able to leave a cane or walker by the steps without fear that kids will play with it is also comforting. Many others like that pool because they can get in and do water exercises, sit on the seat and just enjoy being in a peaceful environment. Not something that is possible when a lot of young children are running around. Ocean Pines has always been kid friendly with lots of amenities tailored specifically for them. For a very long time we have also had an adults-only pool catering to the older population. This is not about denying kids and their families’ access to the pools. They have the Beach Club, Mumford’s Landing, Swim and Racquet and Sports Core. This is about keeping just one pool reserved for Adults Only. Why can’t we have one pool dedicated for those who need to be able to get in and out without fear of being bumped or pushed over? Or just want to relax in a peaceful atmosphere? Like a lot of changes in Ocean Pines recently, this major change to one of Ocean Pines’ most popular amenities was not put up for discussion or made public until the new Aquatics schedule was posted on the Ocean Pines Associa-

38 Ocean Pines PROGRESS Life in the Pines

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OPINION tion Web site. For a change this dramatic, a public discussion should have been a priority. Did the Board of Directors not want to hear anyone’s opinion? Gary Miller Ocean Pines

Some proposed changes in the 2017-18 budget

I am proposing changes to the budget being implemented for the next fiscal year regarding the Beach Club and Aquatics. I am proposing modifications to the landlord/rental agent package to maximize revenue, and an alternate proposal for Beach Club parking and pool passes that is a major concern among home owners. My most serious concern is that a rash and potentially very costly change was made that has the potential to cost the Ocean Pines Association up to $300,000 in revenue. I was unable to attend the Board meeting on Feb. 25, but watched the video. A motion was made to give homeowners a $120 credit on pool passes and to allow use of these passes at all pools in Ocean Pines. The motion was passed and thus was then part of the budget. After considering the potential financial consequences of the board actions in implementing these changes, it became obvious to me that they had not foreseen all of the potential implications of the approved budget. On March 1, I forwarded my list of proposed changes and concerns to the board and asked for feedback. On March 2, I received confirmation from Tom Herrick that all the board had received it. On March 8, I again sent an email to Tom Herrick asking for feedback. No response has been received from any board member. After no response for over two weeks, I feel compelled go beyond the Board and share my comments with others. My proposals: lModify the new landlord/rental agent package. Many successful L/RAs may be able to fill their weeks for extended periods at $100 per week. Less successful L/RAs may not have extended weeks of bookings at the beginning of the season and fill the open weeks as the season progresses. They should initially be offered a more flexible arrangement not requiring sequential weeks of booking dates. Rates would remain at $100 per week. Allow the L/RA the ability to add as many additional weeks as desired during the season in a timely manner allowing for processing by OPA. Additionally, it would allow the homeowners the ability to maintain weeks they would like to reserve for their personal use. Since I assume the landlords would no longer be paying the yearly parking/ pool pass fees, they would have to pay the $100 weekly rate for the parking pass/pool passes for personal weeks of

April 2017 Ocean Pines PROGRESS

LETTERS use. These pool passes should be for the Beach Club pool only. This allows the owner to maximize the number of weeks of rental without having to potentially pay $100 for weeks not used and would encourage most, if not all, to adopt a package. The 6 or 10 consecutive week options may be satisfactory for a few of the L/RA rentals. The more flexible option should be attractive to the rest. These options should result in increased revenue for both the association and the landlord/rental agents. I am assuming the currently proposed computer control of the card/ pass activation and deactivation system should easily handle this flexibility in scheduling. Modifications may have to be made to minimize staff time in processing the L/R’s requests. lMaintain the current four-pass system for all homeowners. Homeowners could have the option to have up to 4 preprinted or picture ID cards for those family member residents they identify, as in the current proposal, for convenience. They would retain a major benefit. Four pool passes should be provided to other homeowners, two of these identified as the homeowner. If they want the flexibility of identifying other family members, such as grandchildren, for pool passes (4 maximum) they could schedule those individuals for temporary passes for defined time limits in the same system as proposed for the landlord/rental agents. Homeowner pool passes would be restricted during these times. This should eliminate the potential of fraud such as loaning passes to neighbors or others.

Under the current adopted budget, I and other concerned Beach Club parking pass holders will likely perceive the adopted budget plan for $120 free passes as a bone being thrown to quiet the outcry. The $120 would only cover one week of passes for four people. Any perceived increase in Beach Club pool pass revenue from depriving homeowners of the use of the pool passes when family is in town would not mitigate the ill will felt by the homeowners toward the association and directors. These passes should also be limited to the Beach Club pool. I believe that the elimination of the pool passes is a major concern and is discriminatory for some homeowners. When we are lowering rates at many other amenities to increase memberships (I believe a good idea) we are only gouging some portion of Beach Club users. Beach club members who can select the option to get up to four free passes for identified residents are not penalized and retain a major benefit. Others who have only the desire for the flexibility to use Beach Club pool passes when family, such as grandchildren, are in town are being discriminated against. Even renters will get a reduced rate for pool passes for each week of use. The overall benefit value of the $120 credit is huge and presents other significant problems which I will review in the last section. lMaintain the $175 parking/pool pass fee. The raising of the fee to $200 is unpopular with many residents. Some may be unable to afford the increase. Some may think it is inappropriate

Kiss Your

since the beach club is making a good profit. Some may think that moving more funds from the Beach Club to the Aquatics section is an accounting sham. I personally have never understood the reason for this move, but I am not concerned with it as long as it is legal, meets IRS regulations, is communicated to the membership and is not being done to inflate the Aquatic section performance for some unknown reason. The Aquatics department seems to be doing great on its own. I do have significant concerns about future performance of Aquatics if the current approved budget proposal is implemented. lThe option to provide the $120 credits to Beach Club members has the potential of serious impacts to the Aquatics section revenue, if the free passes are used at the Aquatic pools. If the members receiving the free passes use them at the Beach Club pool, there is no impact to the Beach Club or Aquatic sections financials. If, however, the free passes are used at the Aquatics pools, the Aquatic section will have a dollar for dollar reduction in revenues. The value of the free pool passes is $300,000, if you simply multiply the approximate 2500 existing parking passes by $120. I suggest returning the existing free pool passes to Beach Club members to be used at the Beach Club only. Passes for the landlord/rental agent clients should be for the Beach Club pools only. Beyond that, you could then institute a new pool pass purchase system that could be used at both the Beach Club and Aquatic pools. Revenues for these passes could be tracked and credited to appropriate sections where they’re used. Tom Ayres Ocean Pines

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