April 2022 Ocean Pines Progress by Ocean Pines Progress

Farr unhappy with Horn on by-laws vote Director Richard Farr is objecting to language on board candidate eligibility and the term “owner of record” proposed by By-laws and Resolutions Advisory Committee during a March 12 public hearing. The proposed changes were approved by the Board of Director March 23. Farr is also taking exception to OPA President Colette Horn’s March 17 statement in which she said the two proposed changes suggested by the committee had been voted on via email by the directors and had been approved for inclusion in the referendum by all seven directors. Neither statement is true.

~ Page 10

Lakernick rebuffed in attempts to join advisory panels Whoever would have thought that it’s this difficult securing an advisory committee slot in Ocean Pines. After the Board of Directors in a 2-3 vote Feb. 23 rejected the application of Stuart Lakernick to join the Strategic Plan Advisory Committee, he vowed to try again for membership. When that effort failed, he submitted an application for membership on the Search Committee, tasked with finding candidates to run for the OPA board. But this attempt failed, too, with OPA President Colette Horn pulling his nomination at the March 23 board meeting.

~ Page 14

April 2022

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Proposed by-law changes encounter push-back at March 12 hearing Opponents urge Board of Directors not to go to referendum, but it appears the ballots will be mailed out soon with return due by the end of April By TOM STAUSS Publisher o one attending the March 12 Town Hall meeting at the golf clubhouse either in person or remotely endorsed the proposed slate of Ocean Pines Association by-laws changes. Some in the room no doubt favored some if not all of the proposed changes, but it was the nay-sayers who dominated. Indeed, the testimony offered was uniformly negative, with several speakers urging the Board of Directors to hold off on conducting a referendum that would ask OPA members to vote on the proposed changes. There is no indication that the board is taking that suggestion seriously. Indeed, the likelihood is that the referendum will take place as planned for some time by the board. Ballots were to be mailed out before the end of March, with completed ballots on individual by-laws changes due back by the end of April. It’s not clear that time-line will be met, however. Elections Committee Chair Carol Ludwig in a brief

phone conversation on March 23 told the Progress that the committee was awaiting the language of the proposed amendments that were being drafted in final form by OPA counsel Jeremy Tucker. During the March 12 meeting, By-laws and Resolutions Committee chair Jim Trummel, who by and large supports the proposed changes, since many of them were initially suggested by his panel, asked for a change in the definition of “owner of record” in the context of eligibility to run for election to the Board of Directors. As initially drafted by Director Frank Daly, the owner of record” definition in a proposed by-law change includes both legal (with a name on a property deed) and equitable owners, those who may own property through a corporate entity, partnership, or trust. Daly’s proposed definition included trustees and co-trustees but excludeds trust beneficiaries. Trummel on behalf of his committee urged the directors to exclude representatives of corporate entities or To Page 3

Four former OPA directors to vote ‘No’ on by-laws referendum ~ Page 6

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COVER STORY From Page 1 partnerships from the list of those eligible to run for the board. Trummel said the committee was not seeking to disqualify trustees or co-trustees from those who could run, although his panel had voted to do just that in a meeting in February. At the board’s March 23 monthly meeting, the committee’s position prevailed, with only Director Rick Farr dissenting from the majority. Former OPA Director Slobodan Trendic urged the board at the March 12 public hearing to scrap all of the proposed changes in favor of starting over to streamline the by-laws, cutting the number of pages down by roughly half to 12 or so, which he said is the number of pages in the Columbia Association’s by-laws. He said many provisions in the current and proposed by-laws could be off-loaded to board resolutions or policy manuals, which he said would be easier to change than trying to amend the bylaws in a referendum. If the board proceeds with the referendum as planned, which seems likely, Trendic said he would urge those who follow his recommendations to vote against the entire package. Another OPA member, oceanpinesforum.com administrator Joe Reynolds, said he doesn’t often agree with Trendic but said he did in the case of the proposed slate of amendments.

That’s two prominent voices against the proposed changes. Two OPA directors, Doug Parks and Rick Farr, also favor a delay in sending out the proposed amendments. Trendic and Reynolds’ declarations of opposition to the proposed changes and a recommendation to vote against all of them triggered a negative response from OPA President Colette Horn, who called that approach “destructive.” She defined a constructive response by OPA members as one in which they vote against the proposed by-law changes they oppose while voting yes on those they favor. She compared the recommendation to vote against all of the changes en masse as akin to “holding hostage” the more benign changes to those that are more controversial. OPA member Elaine Brady called Horn’s comments “offensive,” because it seemed to “put onthe community” the onus for a political situation that the board created on its own. Earlier in the meeting, Brady focused on one controversial proposed amendment, the one that would prohibit convicted felons from running for the board. She said that if this proposed change passes in referendum, it would require finger-printing and background checks for all board candidates. She suggested that liability concerns from the possible misuse of confidential background infor-

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April 2022 Ocean Pines PROGRESS 3 mation would outweigh any possible problems resulting from felons running for the board. No one contradicted the assertion that finger-printing and background checks might become standard in the candidate application process. Farr attempted to explain how that process might unfold in Ocean Pines. He said in a typical corporate setting one individual is the sole custodian of background check information, which is never shared with anyone. A background check may be referenced in a declaration that someone is not eligible to run for election, he suggested. Once someone is deemed to eligible or not eligible to run, the background information would be “destroyed” within a few days, Farr said. Later in the meeting, Parks said that “now we’re doing background checks,” and the “potential for litigation” over misuse of information or an unfair exclusion of a potential candidate puts the OPA “at much more risk” than the possible candidacy of a felon. He also said that doing background checks would add to the cost of conducting board elections. Daly opined on the proposed felony by-law, asserting he’s heard “rumor and innuendo” that some “criminal” enterprise is conspiring to “take over” OPA assets. He conceded that he did not have any proof of that alleged criminal enterprise. To Page 5

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COVER STORY By-laws referendum

From Page 3 Parks pushed back on even the suggestion that such a criminal enterprise could conceivably do what Daly alleged could happen. He said OPA directors have no access to financial resources and that even should someone with ill intent manage to get elected for the board, that director would be out-voted by the other six directors should some nefarious scheme be hatched. “We [directors] don’t interact with our finances [in a way] that would put our assets at risk,” he said. During discussion, Daly and Director Larry Perrone disagreed on whether the proposed bylaw change pertaining to “owner of record” would have prevented Farr from running for the board last summer. That question was raised by Reynolds during his comments and repeated when he didn’t immediately get a response to his question. Daly told Reynolds that he (Daly) believes that Farr could have run under the proposed language, which precludes trust beneficiaries from the list of approved candidates. Daly said he asked Farr if he could have been a candidate under the proposed language, and Farr responded that he could have. Daly said that had Farr responded that he could not have run, he [Daly] would have with-

drawn that proposed change. But Perrone seemed to suggest he thought otherwise, without providing much detail. Reynolds said that after the meeting Perrone indicated that the proposed by-law as written would have precluded Farr’s candidacy. Farr was a family trust beneficiary on Jan. 1 of last year, not a trustee, which would seemingly support Perrone’s position on the issue. When contacted by the Progress to explain why he had responded in the way he had to Daly, Farr said he continues to believe that the Declaration of Restrictions in Section 6 in which the home he lives in is located establishes that both legal and equitable owners of property are eligible to run for the board, with no limitations such as the one precluding a trust beneficiary. He said that the was the judge’s determination in the lawsuit he filed against the OPA that led to his being seated on the board in January. He was the top vote-getter in last summer’s board election. Farr said that DRs supersede or trump the by-laws when it comes to candidate eligibility. It’s not clear that Daly is or was aware of Farr’s reasoning on the issue. Farr also suggested that he didn’t want to re-litigate the issue of his candidacy last summer in the context of a major re-write of OPA by-laws. “Let’s move on,” he said. But when the issue was again considered during the March 23 meeting, he registered his

April 2022 Ocean Pines PROGRESS 5 opposition to prohibiting representatives of partnerships or limited liability corporations from running for the board. He voted against the change, the only director to do so. Opponents of the proposed amendments at the March 12 public hearing argued that the board was “rushing” to ask property owners to vote on them before this summer’s election. Horn, Perrone and Daly pushed back on that. After Brady reminded the board that there had been some “last-minute” additions to the slate of proposals, Daly argued that the ones proposed were “the ones worked on the longest,” probably referring to one about owner of record. When it was released after the bulk of the others had been released for several days, an OPA press release said it had been inadvertently omitted from the initial release of proposed changes. But another “last minute” amendment proposed by Director Amy Peck would restrict the board from selling, mortgaging, encumbering or donating assets without a community referendum if the value of the assets exceed ten percent of their value. There was no evidence that Peck had been working on this amendment for a long period of time before presenting it to the board for review. Even so, Horn said that the by-laws and resolution committee and a board working group had been working on by-laws changes for about two years. u

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6 Ocean Pines PROGRESS April 2022 By-laws referendum From Page 5 Calling the decision to bring the proposed changes to referendum a “rush” was “not acccurate,” Horn said. Perrone agreed. But Parks, dissenting from the majority view of the board as he has frequently of late, said he had told his colleagues that “we’re rushing” the process and would risk OPA members voting no “across the board” on the proposed change because of that. He said the “average person” in Ocean Pines is not going to scrutinize 30-plus proposed changes. “Some will say [they] don’t have the time to look at them all,” he said. He urged his colleagues to delay sending out the referendum, to give members more time to evaluate the proposed amendments. “If we don’t allow more time [for the proposals] to gestate, we’re going to lose on all of them,” Parks said. In a text to the Progress March 19, Director Rick Farr implicitly rejected Horn’s argument for a selective voting to the proposed changes. He joined Parks in calling for an

Four former OPA directors to vote against by-law changes Trendic, Diller, Clarke, Janasek weigh in on pending referendum By TOM STAUSS Publisher he pending referendum on more than 30 proposed amendments to Ocean Pines Association by-laws has six of seven OPA directors voting for all the changes and two of seven opposing the sending out of referendum ballots by the end of March. But three recent directors, and one whose service to the OPA dates back to 2015, are in the opposite camp from the board majority. The four directors who will be voting against all of the proposed changes are Martin Clarke, Slobodan Trendic, Esther Diller and Tom Janasek. Trendic is the founder of an organization he called START, which fought a two-year battle resulting in a referendum that rolled back board spending author-

indefinite delay in sending out the proposed changes. “I am against the referendum,” he said. “It should be delayed.”

ity. Diller is a founder of the Get Involved Facebook page that is closing on 1,000 members, with its prime objective finding candidates to run for the board and serve on advisory committees. Janasek is an announced candidate for this summer’s Board of Directors election. The fourth opponent in this group is Martin (Mary) Clarke, who founded an organization, no longer active, called STOP, that weighed in on various political issues and supported candidates running for the board during its heyday. Clarke told the Progress he’s opposing the changes because he thinks the OPA has functioned well over the years with the by-laws as currently written and amended on occasion. He said some of the proposed changes that deal To Page 8

He suggested that the process has become politicized, and that it would be better to regroup and take more time to provide detailed

information on each of the proposed changes to property owners and to allow them more time to consider them.

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8 Ocean Pines PROGRESS April 2022 Former directors From Page 6

with eligibility to run and serve on the board conflict with the declaration of restrictions, which are more difficult to amend than by-laws. “As the judge said in the Rick Farr (vs. OPA) litigation, both legal and equitable owners are eligible to run for the board,” Clarke said. “You don’t need changes in the by-laws to make that happen.” One proposed by-law drafted by Director Frank Daly would allow both legal owners, those whose name appears on a property deed, and some equitable owners, specifically trustees or co-trustee sof a trust, to run and serve on the board. Trust beneficiaries are precluded from running under this proposed amendment, as are principals in corporate entities. “Any restriction on eligibility is in conflict with the DRs,” Clarke said. Diller said she is opposing the proposed changes in part because they started out as targeted against certain individuals, including herself, and not all the most “obnoxious”

proposals have been withdrawn. “They were retaliatory, vindictive. and I really have no idea why,” she said. Diller also objected to what she called “a rush” to bring proposed bylaw changes to referendum. “Why haven’t proposed changes in the DRs gone out to property owners?’ she asked, referring to amendments in sections within Ocean Pines that would give the OPA the authority to levy fines against property owners who violate county and OPA regulations on short-term rentals. “These proposed DR changes were approved many months before the rush job on by-laws changes,” she contended. She also objected to the large number of proposed changes, which she suggested were designed to overwhelm and confuse property owners as a way to repress participation and improve the odds of success when only particularly committed and interested OPA members cast ballots. “That may prove to be an unsuccessful tactic, because a lot of people

OCEAN PINES

Slobodan Trendic

Esther Diller

I know are telling me they’re planning to vote against all of the proposed changes,” she said, in a kind of protest vote. One of those who are in that frame of mind is Janasek, she said, who hasn’t forgotten that a board majority were poised to toss him from the board last October for some intemperate remarks he made about the close working relationship between then OPA President Larry Perrone and Collette Horn, now the OPA president. Janasek resigned before there could be a vote removing him from the board. Janasek said his reasons for voting against all the proposed by-law-

Marty Clarke

Tom Janasek

changes include his opinion that a referendum “is a waste of money” because the OPA has operated without these proposed changes for more than 50 years. Trendic, who resigned from the board so he could lead a successful petition and reference effort that rolled back board capital spending to $1 million per year without referendum support, said he has wondered whether these changes are really necessary. Rather than revise them, he said an effort should be made to streamline and simplify them, reducing the number of pages by roughly half, with some of its provisions off-loadu

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10 Ocean Pines PROGRESS April 2022 Former directors From Page 8 ed to board resolutions and policy manuals. “Did they consult best practices of other HOAs in Maryland to see if these changes are similar to what other HOAs are doing?” he said, adding that one proposed change in particular, requiring a 40 percent participate rate in referendums in order for a proposal to pass, is too high. The referendum he shepherded through that restricted board spending authority passed with a percentage participation of just under 50 percent, and that’s still much higher than the participation percentage of recent Board of Directors elections. “I find requiring minimum of 40 percent of the total eligible voters for referendum to pass unfair to the membership and unnecessary,” he wrote in a Feb. 10 email to the directors. “Some members simply decide not to vote on the proposed issue(s) or even in the board elections. “To illustrate my point consider this statistical fact: My Referendum question received more ballots than the previous board elections. “In simple terms on average 29.5 percent more members voted on my referendum than in three previous board elections.” Trendic said there 3,889 votes in the successful referendum, compared to 3,041 ballots counted in the 2021 election, 2,759 ballots counted in the 2020 election, and 3,073 ballots counted in the 2019 election.

OCEAN PINES

Farr says Horn misrepresented vote on two by-law amendments Statement by OPA president said board voted via email for two changes to proposed by-laws amendment, but the email vote never happened

By TOM STAUSS Publisher o much for a united front on proposed amendments to Ocean Pines Association bylaws and a community referendum that is still scheduled to take place in April. Director Richard Farr is objecting to language on board candidate eligibility and the term “owner of record” proposed by By-laws and Resolutions Advisory Committee during a March 12 public hearing. He is also taking exception to OPA President Colette Horn’s March 17 statement in which she said the two proposed changes suggested by the committee had been voted on via email by the directors and had been approved for inclusion in the referendum by all seven directors. Neither is true, he said. Voting by via email is permitted by the Maryland HOA Act and by OPA governing documents when all seven directors agree, and all seven OPA directors did give their consent to voting electronically on the committee’s proposals. Horn in her March 17 statement said that “after considering input received in the March 12 public hear-

Colette Horn

Rick Farr

ing on proposed bylaws changes, the board unanimously agreed to vote on two motions for by-laws changes related to the definition of Owner of Record and eligibility to be a candidate and serve on the Board.” Farr said that in fact the board had unanimously agreed only to handle the issues via email but did not vote on the proposed changes prior to the release of Horn’s statement. In an email to oceanpinesforum. com administrator Joe Reynolds, Farr said he “did not vote for the motions until after a statement [from Horn] was posted on the OPA Web site [and in a press release to the media]. President Horn assumed I had voted” for the committee’s proposed changes.

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“In the email to the rest of the board, I asked when the email voting would take place. An email was never sent by the board president asking for a vote on the motions,” he said. According to Farr, Horn confirmed in a return email that she had “made an error and was wrong, as she only asked if everyone would agree to vote via email. No official email was sent asking for a vote on the motion. When asked by President Horn for my vote, I voted No for both motions. A correction was then made in a release to the OPA Website/Facebook page.” In an email to Reynolds, Horn said the motions would be brought up for a vote during the March 23 board meeting. “Joe, as it turns out, Director Farr had agreed to vote via email but did not vote affirmatively on either of the motions. They will be added to the agenda for the meeting March 23 under new business,” she said. That is what in fact transpired. The committee’s two proposed changes were discussed and voted on during the March 12 meeting. One passed 6-0-1, with Farr abstaining. The other passed 6-1, with Farr in opposition. One change deletea reference in a by-law defining “owner of record” that previously had explicitly included limited liability corporations and partnerships. Language referring to trustees or co-trustees of a family trust was retained. Owners of record also include those listed on a deed recorded in the land records of Worcester County or in state tax records. Another change adopted in a 6-1 vote would prohibit a “corporate entity (including but not limited to a Corporation, LLC, partnership or agency) that is listed as the owner of record” from having “an individual be a candidate for the Board of Directors. This subsection does not apply to a Trustee or Co-Trustee.” In remarks during the public hearing, committee chairman Jim Trummel said that such entities running and serving on the board To Page 12

April 2022 Ocean Pines PROGRESS 11

12 Ocean Pines PROGRESS April 2022

OCEAN PINES

Kiwanis donation

Executive Director Wayne Littleton of Believe in Tomorrow recently spoke at a Kiwanis Club of Greater Ocean Pines-Ocean City meeting and invited the club to visit the Children’s House by the Sea at 66th Street in Ocean City to tour and hold one of their weekly meetings. Pictured are members of the Kiwanis Club making a $500 donation to Believe In Tomorrow.

Farr vs. Horn

From Page 10 constitutes a conflict of interest, that the interests of corporations or partnerships diverge from those of property owners. Farr in a text message to the Progress took a position at odds with the committee’s recommendation. In his communication with Horn, Farr said he “respectfully asked Collette to insert equitable owner into the proposed changes and she said no, that the motion would go as written. I told her [that adding equitable owner] would alleviate the possibility of any future law suits” over the issue of candidate eligibility. He said his proposed would have made the by-laws consistent with the Declaration of Restrictions , which he said specify that both legal and equitable owners have identical rights under the by-laws and both are eligible to run and serve on the board.” Partnerships, corporations and family trusts are equitable owners of property in Ocean Pines. “Colette didn’t want to change anything,” Farr said. Trummel, the committee chair, has said on a number of occasion that “equitable owners” in the DRs have a specific transactional purpose during the process of transferring real estate and is not as broadly applicable as suggested by Farr. Farr has said that his attorney, Bruce Bright of Ocean City and Judge Campen, who ruled in Farr’s favor in the recent candidate eligibility litigation, don’t agree with Trummel’s narrow interpretation of the DRs.

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Lakernick rebuffed in effort to join committees Rejected applicant hits Daly explanation for why he voted against

By TOM STAUSS Publisher hoever would have thought that it’s this difficult securing an advisory committee slot in Ocean Pines. After the Board of Directors in a 2-3 vote Feb. 23 rejected the application of Stuart Lakernick to join the

Strategic Plan Advisory Committee, despite having the endorsement of the committee chair and board liaison Amy Peck, he vowed to try again for membership. Lakernick consulted with Committee Chair Bernie McGorry, who according to Lakernick said he would endorse a second attempt

to gain membership. But after the committee meeting of March 3, which Lakernick attended remotely, McGorry told him there had been another applicant. There was only one vacancy on the committee. With the other application ahead of him, Lakernick said he would not

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have been able to secure McGorry’s support. So instead of pursuing another lost cause, he submitted an application for membership on the Search Committee, tasked with finding candidates to run for the OPA board. He had the endorsement of committee chair Tom Piatti, but not of board liaison and Ocean Pines Association President Colette Horn, who wrote on his candidate form that she did not endorse Lakernick “as having the skills and attitudes that inspire confidence in the quality of advice to be given and [of] work on the committee.” Horn, who under OPA by-laws has the authority to appoint committee members subject to board approval, did not officially nominate Lakernick. So the directors did not vote. Had it gone to a vote, it probably would have failed by a 2-5 vote, with Directors Rick Farr and Doug Parks indicating during discussion that they were favorably inclined to vote for the nomination. Piatti during the Public Comments segment of the meeting advocated for all three proposed appointments to his committee. including Lakernick’s. He framed it as a vote of respect for him, telling directors if they respected him enough to appoint him chairman of the Search Committee, they should respect his judgment on who is qualified to serve on the committee. Director Frank Daly later responded that while he might vote contrary to that recommendation because of “additional information” that he had access to, this does not mean that he did not have the utmost respect for Piatti’s integrity. During later discussion, Parks pressed Horn on what her rationale was for rejecting Lakernick. She responded that it had to do with the way he conducted his campaign for the board last summer, citing both Farr and Lakernick for passing out campaign literature on OPA property. Farr in a follow-up text to the Progress faulted Horn’s “excuse” for opposing Lakernick. Some cards “were found in the men’s bathroom, no evidence that we were passing them out,” Farr To Page 16

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From Page 14 said, adding that the former chair of the Elections Committee sent “us an email advising not to do it.” Nothing more was said about it , Farr said, and nothing like that occurred during the rest of the campaign. Lakernick’s spouse, Get Involved Facebook founder and former OPA Board member Esther Diller, said in her view the latest rejection was just another attempt to tarnish a well-qualified OPA member. “Colette’s excuse not to nominate Stuart was extremely lame,” she said. “Any other board candidate would have been warned not to do something like that again, and that would have been the end of it.” After Lakernick’s second attempt to join the Strategic Planning Committee was rejected, Diller was similarly exasperated. “I don’t know what they’re so afraid of,” she said, noting that Lakernick had participated in the March 3 strategic planning committee meeting. “It would have been nice if he’d been told [that his application wouldn’t be resubmitted] prior to that meeting,” she said. Lakernick, who is said to be a possible candidate for the Board of Directors this summer, has been a controversial figure to a board majority for quite some time. While most appointments to volunteer advisory committees are routinely approved, his was not. Opposing him in the proposed appointment to the strategic plan committee were directors Daly, Perrone and Josette Wheatley, with Farr and Parks in favor. Two directors, Peck and Horn, did not vote, but in an after-the-fact maneuver that was later made public on oceanpinesforum.com, Horn attempted to have the vote total revised to 3-4, with Peck voting for the appointu ment and Horn opposed.

OCEAN PINES

April 2022 Ocean Pines PROGRESS 17

Audio gap during Lakernick discussion cuts out Farr, and he’s irate By TOM STAUSS Publisher cean Pines Association Director Rick Farr is none too pleased that his remote access to the March 23 Board of Directors meeting cut out just as he was attempting to comment on the application of OPA member Stuart Lakernick to the Search Committee, a group tasked with finding candidates to run for the annual Board of Directors election. Lakernick’s spouse, Get Involved Facebook page administrator Esther Diller, is convinced that the gap was deliberate, and she does not believe

Lakernick From Page 16 The video clearly showed that Peck and Horn had not voted. Of the four directors who opposed Lakernick, only Daly offered an explanation, and that left out a lot of detail. “I would refer you back to his (Lakernick’s) comments on last year’s election to the Election Committee,” Daly said. Perrone followed up with a comment that there was “no requirement to explain our vote.” When questioned later about Daly’s remarks, Lakernick said he believes Daly was referring to the second candidates forum last summer hosted by the Elections Committee. “That was the one I and Rick Farr couldn’t attend because of prior commitments,” he said. “I had a patient with a procedure that required a week of monitoring, while Rick’s mother had died and he had family commitments.” When the Elections Committee hosted the second forum despite his and Farr’s attempts to have it rescheduled, with two vacant chairs and nameplates of the missing candidates, Lakernick was not pleased. But when the committee chair made a comment that he and Farr had “declined” to attend the second forum, Lakernick said it was a bridge too far. “I said publicly at the time that the committee had accommodated Daly when he had a family anniversary event by rescheduling,” Lakernick said. “They didn’t do the same for us,” calling it an double standard. Lakernick said “he’s wrong. It’s petty. He won the election. He should be able to move on,” Lakernick said of Daly. “It’s ridiculous.”

it was caused by staff. She instead put the blame on OPA President Colette Horn. Farr didn’t go that far, but he was not pleased with Horn’s treatment of him after his sound and audio access was restored. “I’m not sure if it was deliberate, but once the mic came back on, I should have been given the oppor-

tunity to speak, as was [Director Doug] Parks,” Farr said in a text to the Progress. During the gap, Farr repeatedly asked, to no avail, if he could make a comment. After his access to the meeting was restored, Farr asked Horn again if he could comment, but he was rebuffed by Horn.

“We moved on [to the next item on the agenda],” she said. That was the appointment of another member to the Search Committee, which in recent years has had minimal impact on finding candidates to run for the board. Farr said he would be writing to Horn to complain of her decision not to allow him to speak.

18 Ocean Pines PROGRESS April 2022

OCEAN PINES

Directors rebuff call to police Facebook pages Perrone says it’s not the board’s responsibility to monitor content on social media By ROTA L. KNOTT Contributing Writer fter reading a long string of online correspondence, first with a sitting member of the Board of Directors and then with a former Ocean Pines Association department head, one resident called for enhanced oversight of private groups on Facebook with content fo-

cused on Ocean Pines The problem is that neither of the Facebook pages she mentioned, Ocean Pines Get Involved and Ocean Pines Residents Oversight Community, are pages managed by the OPA. Dinah Hoffmeister during the Public Comments segment of a March 23 board meeting read pri-

vate messages she alleged she had received from Director Amy Peck making negative comments about former Director Esther Diller and her husband Stuart Lakernick, who ran for a seat on the board in last year’s election and is a possible candidate this year. Then she read messages from Colby Phillips, former OPA direc-

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tor of operations among other titles, who offered a less than flattering depiction of Peck, who also is a possible candidate for the board this summer. Diller is the administrator of the popular Get Involved Facebook page. Hoffmeister started her public comment by saying she felt the need to address something that happened at the last board meeting, but then she spent nearly all of her time reading the private messages apparently prompted by her own online posting. She was just getting to her point that her concern was the board’s rejection of Lakernick’s application to serve on the Strategic Planning Advisory Committee when her public comment time ran out. OPA President Colette Horn interrupted Hoffmeister and told her that “Your five minutes is up.” She told Hoffmeister to email the board if she had any specific questions. Director Larry Perrone told Hoffmeister the board isn’t going to police Facebook pages created by the residents. “It is not the responsibility of the board of directors to monitor or enforce anything that goes on with any social media Website whether it be Get Involved site, the ROC site, Joe Reynold’s Forum, or anything else,” he said. “Asking the board to get involved in that is just inappropriate.” Hoffmeister’s online saga apparently started in January when she posted about an incident on Facebook regarding her water being turned off. She traded comments with someone online before receiving a private message from Peck, whom she says she didn’t know. According to Hoffmeister, the message from Peck read “Debbie Bloom is best friends with Esther Diller and completely discounts Esther’s felony conviction, her husband Stuart Lackernick and the involvement with Rick Farr. My advice is to ignore. I love how Debbie’s preaching personal responsibility for something you had no control over but makes excuses for how Esther stole millions and millions of money from Medicare.” Hoffmeister replied to Peck, saying “thanks for explaining. It makes no sense to me what she was trying to say to me.” And then she asked To Page 21

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April 2022 Ocean Pines PROGRESS 21 Hoffmeister said she didn’t even know who Peck was talking about. “I was quite stunned that a director would randomly reach out to me with such personal information. In the days that followed I participated in both groups on Facebook. Various people, me included, were asking questions concerning who exactly is the ROC group and what was their oversight intentions of the board when several board members were

From Page 18 “So Stuart should be someone not to vote for in the future?” Peck allegedly replied by telling Hoffmeister to “do your own research, USA versus Esther Diller.” Hoffmeister said she then told Peck “Thanks. I wonder why someone with a record would put herself out there. If it were me I would try to hide, be unseen.” That’s not Diller’s modus operandi. She continues to run the Get Involved page with roughly 1,000 followers. The correspondence continued and Hoffmeister said Peck responded that “there is or was an agenda to get her people elected. As a director. I have a duty to guard our $16 million a year budget. It’s important for board members to have an attitude of service. There’s a reason why the GM, every department head, employees and every committee chair, respected past board members are asking me to consider running for ΊΙΙΛΘΟΎ΍ ψϟ ΎϊϝχϘϊ ΕϏχϔ Cnty Md for another Prince term. Georges My record speaks ΍χϚϋͧ йрͿкйͿлйкт itself.”

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members of the group. And Amy was even listed at one time as an admin.” She said the ROC group claims to be for open discussions yet comments, questions, and members were being removed by the administrators. Confused, she said she then sent a private message to Colby Phillips, another person she didn’t know, “because I had always read such positive things about her.” Hoffmeister said the email she

sent to Phillips read “Good morning. I have a question for you because I would like to get an honest answer. Whose side is Amy Peck on? She messaged me the other day and told me to ignore Debbie Bloom. She was best friends with Esther. I voted for Rick Farr and Stuart and because of all the crap you went through I knew we needed change. But yet on some things Amy seems to be on u

22 Ocean Pines PROGRESS April 2022

OCEAN PINES

Private messages From Page 21 Farr’s side. Or is she playing both sides?” She paraphrased Phillips’ response “that Amy is all about Amy.” She continued by saying Phillips told her that Peck was a good friend to Diller but “then turned her back on her. That’s what she does. If you don’t agree with her, she turns on you.” The exchange continued with Hoffmeister saying, “Wow, that’s what I figured. It explains a whole lot of the conversation in the bylaws committee meeting. Something about separating a husband and wife if one had a felony charge, to just an individual.” When she finished reading the email exchange, Hoffmeister turned her comments to the board. “So how can anyone who sits on the board justify themselves by reaching out to folks they don’t even know to share information like that?” she said. “I even read in the paper the other day [Director Frank} Daly making the same comments about Ms. Diller.” Hoffmeister asked when the “nonsense will end.” She said she hoped the board

Viola says on-line payments will be a ‘test’ for NorthStar OPA members can pay their annual assessments by logging in to private members’ side of OPA Website By TOM STAUSS Publisher cean Pines Association members can now pay assessments online by logging into the OPA Website at www.oceanpines.org/login. General Manager John Viola told the Progress in a March 21 text message that this new feature will be a “test” of the NorthStar management software that the Ocean Pines Association has been implementing for more than a year, with less than optimal results. At the February Board of Directors meeting, Viola seemed to suggest he was ready to pull the plug on

would not reject Lakernick’s application to serve as a volunteer on a committee again. She pointed a finger at Daly by saying that his reason for opposing Lakernick’s appointment, because the member had not apologized to the board for comments he had made about last year’s election, “was a joke.” Hoffmeister said the board should

NorthStar, but in his text message he said that was not the case. He was frustrated at the time because, as has occurred too often, previously completed customization reverts to earlier iterations, presumably when system-wide upgrades occur. In his March 21 text, he said what had him annoyed in February has been fixed. As for the move to on-line payment of assessments, he said that staff is “hoping and praying” that it works without problems. If OPA members have issues with the system, it To Page 24

“take a look at the Ocean Pines ROC page group and see how it can be an oversight to our board of directors when several members of the group are in this group. It’s confusing.” She also called for disciplinary action against Peck “for her gossiping behavior, because I found out I’m not the only one she has shared this information with.” She tried to ask questions of

the board but only got out one of them before being cut off by Horn. That question was directed at Peck: “What exactly was your intent with the unsolicited messages regarding Esther and the quote that there is or was an agenda to get her people elected?” Peck did not respond to any of Hoffmeister’s comments during the meeting.

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Directors wrestle with animal control, bulkhead maintenance in board resolution updates Some tweaks likely to emerge in coming months

By ROTA L. KNOTT Contributing Writer he Board of Directors is calling for minor amendments to two resolutions, one regarding animal control and another about bulkhead and waterway maintenance, to bring them into conformance with current laws and practices. The board reviewed the two resolutions, M-05, Animal Control, and M-07, Bulkhead and Waterway Maintenance, during a March 23 meeting and found they need a few tweaks. The animal control resolution, which hasn’t been undated since February 2010, establishes the pol-

icy for fees related to the custody of animals by the Ocean Pines Police Department when they need to support Worcester County Animal Control enforcement. The policy states that the OPPD will take custody of animals running at large under county law or acting in a manner determined to be dangerous under state law and that the Ocean Pines Association will establish a schedule of fees for the impoundments of animals as well as the process for collecting such fees. But the OPA doesn’t actually do most of that any more. “We don’t have an animal control officer. They did away with that position years ago,” OPPD Chief Leo

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Ehrisman said. Instead, OPPD officers will respond to animal complaints when needed, acting under the Worcester County animal control statute. “We don’t supersede and we don’t overextend any other Ocean Pines rules and regulations above and beyond what the county already does,”

On-line payments From Page 23 will perhaps be the first time that NorthStar implementation directly affects them. Viola in his text reverted to his previous statements indicating that implementing NorthStar is a “process.” An OPA press release provided step-by-step instructions for paying assessments. Once on the site, users can click on the “login” tab and then follow on-screen instructions. To log in to the members’ side of the Website, members enter their member number as their username. This can be found on the paper assessment invoice mailed to all members. The initial password will be the members’ last name in all lowercase letters. Users will then be prompted to enter a new password. New pass-

Ehrisman said. He added that any charges resulting from the OPPD responding to animal complaints are filed through the county animal control office not through the Ocean Pines Police Department. In reviewing the existing language in the resolution, Director Frank Daly asked if the OPPD is even capable of holding an animal in OPA facilities until custody can be turned over to a county animal control officer. “We still have the facilities to do that behind the administration building and the skateboard park. We still have four kennels back there,” Ehrisman said. He noted, however, that the OPPD will not To Page 26 words must be at least eight alphanumeric characters and include at least one uppercase, one lowercase and one special character, such as an exclamation mark (!) or “at” symbol (@). Finally, members will be asked to select a security question, which can be used to reset the password. To view or pay the assessment, users click on “HOA Payments” at the top of the page. To make a payment, first select a payment option by creating a new ACH-EFT account or creating a new credit card entry. ACH accounts draw directly from a bank account and require an account number and routing number. There is a 3.5 percent charge for credit/debit card payments, but no fee for paying through a checking account (ACH). For questions about membership, contact the membership office at 410-641-7717 x 3031 or email rmeyer@oceanpines.org.

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26 Ocean Pines PROGRESS April 2022 Resolution updates From Page 25 keep animals for three days for an owner to pay a fee and claim like it had in years past. “We no longer do that,” he said, adding “we completely eliminated that process years ago.” Now, Ehrisman said when the OPPD picks up an animal it is transferred to county animal control as soon as they can come get it, usually within a few hours. If an animal is picked up the OPPD shares it on social media in the hopes the owner will claim the pet before animal control arrives. Director Doug Parks agreed to assume the responsibility of updating the resolution. He will contact county and state agencies to make sure that there haven’t been any additional laws regarding animal control that have been passed since the resolution

was approved in 2010. Parks also assumed the responsibility for working with the Marine Activities Advisory Committee to draft an update to Resolution M-07, which establishes policy regarding the maintenance of bulkheads and waterways in Ocean Pines. He pointed out that the resolution said the OPA is responsible for maintaining minimum canal depths for canals owned by or under the control of the OPA. Depth is measured when the tide is at mean low water level and for the canal channels is supposed to be 48 inches and at ten feet out from the bulkheads the depth is to be 36 inches. Parks asked how the OPA collects the data to make sure it meets the requirements outlined in the resolution. He also wanted to know what costs are associated with that data collection and the timeline associat-

ed with making remediation when the canals need to be dredged. Director Larry Perrone said MAAC does a depth survey periodically. Parks concurred but said the committee did a survey on a voluntary basis a few years ago and has discussed doing so again. But that MAAC isn’t a formal depth survey conducted to comply with the resolution. “We are dealing with a formal requirement here but I’m not sure that I see any specific required process to make sure that we meet this requirement all the time,” he said. “One of the things we probably need to look at is at least getting some level of formality to understand what the canal depths are.” Director Frank Daly said the resolution should also include language noting that the OPA’s ability to perform the bulkhead and waterway

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maintenance is dependent on the approval of other regulatory agencies. “I don’t want to be down in Worcester County court defending we’re not dredging a canal when the Army Corps of Engineers says we can’t do it and doesn’t issue a permit,” Daly said. Perrone added that it may be a good idea to include in the resolution the sections where the OPA is not responsible for bulkhead and waterway maintenance. “It mentions it but doesn’t identify those sections,” he said. Jim Trummel, chairman of the By-laws and Resolutions Advisory Committee, suggested the board consider including some of the language that is in the resolution in the Architectural Review Committee guidelines so the requirements become enforceable. He was specifically concerned about language that lot owners are responsible for the removal and replacement of improvements or plantings within easements that interfere with association maintenance of bulkheads and waterways. The resolution says that the cost of removal, and subsequent replacement, of improvements and plantings for the purpose of bulkhead and waterway maintenance will be borne by the lot owner. If a lot owner does not remove improvements or plantings that interfere with the required maintenance activity, the OPA has the right to take such action as necessary and invoice the lot owner for the effort. After Parks develops a draft update to the resolution in conjunction with MACC, the proposal will be passed along to the By-laws and Resolutions Advisory Committee for review too. Finally, Horn said the board needs to review the OPA’s mission To Page 28

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Board approves golf carts, pickleball courts and lights for the North Gate bridge

The bid does not include site work, which none of the vendors that bid on the project were interested in providing. Viola said site preparation will be done by Public Works at an estimated cost of $40,000. The board approved Directors unanimously vote for Viola’s proposed capital expenditures the purchase of 76 new golf carts from YamaBy TOM STAUSS cost of $5,000 to $10,000. Publisher The poles that supported the old globe lights ha for use at the Ocean eneral Manager John Viola was three for will be cut down but not removed, Viola said, be- Pines golf course at a John Viola net cost of $260,908, afJuly 20 OPINION three in his requests of the Board of Di- cause they provide some support for the bridge. rectors March 23 for capital expenditures. The much-delayed pickleball courts finalter trade-in of the OPA’s aging fleet of carts. The fession reportedly sets a range of 30 to 70 percent as Clarke points to Election Commentary within acceptable limits for ACC funding. The OPA Club deficits. Clark He or Senior Exectuive Officer Manager Linda ly got the go-ahead from the board at a cost of carts won’t be delivered for at least 18 months, From Page 52 currently funds its replacement reserve at the low end edition of the Prog Martin also reported on final costs associated $175,244.50, with ATC Corporation of Baltimore Viola said. by the multitude of candidates. of the “acceptable” range. should be used for a Supik is seen as a Thompson cheerleader, and For what it’sThe worth, Thompson reportedly has in 2016 Let’sat look with a portable audio/visual system primarily for the recommended vendor. ATC, formerly known OPA last purchased golf carts a at the t someone in the mold of Pete Gomsak, a former board recommended 50 percent funding of the ACC, to be open. An OPA mem use at the Golf Clubhouse meeting room, plans as American Tennis Corporation, installed the cost of $369,436 after trade-in of the fleet. 30, 2016, (end-of-fi member and current assistant OPA treasurer very achieved over ten years; the recommendation is constatement muchpond alignedpickleball with the Terry-Jacobs faction. tained in a document that the board won’t new for installing lights around the South Gate courts already in place at the racquet That means the OPAmajority is acquiring carts at to conclu not performed well Both Gomsak and Supik are retired accountants, let him release to the OPA membership. u walking paths, and several lower profile capital center. The statement is both are identified with the notion that OPA reserves A 50 percent funding level still would require a sigsite (under forms an are underfunded, and both are wedded to the idea nificant increase in the lot assessment, over a number expenditures. Operational statem that the OPA’s reserve levels should be tied to someof years, and talking about assessment increases is Approved were requests for North Gate Bridge appear in departme thing called the annual component cost (ACC), a comnever popular, especially during election season. annual audited fina putational The rationale for keeping the document secret, aclights, four new pickleball courts at the Mank- confection conceived and embraced by the August. The unaudi accounting profession. cording to Thompson, is that it is a working document lin Meadows racquet sports complex, and 76 new the “official” ones a Gomsak and Terry tried to persuade Supik to run involved in the updating and completion of the OPA’s The Yacht Club’s for the last year, failing to do so, but they sucongoing reserve study. golf carts, with the latter not previously onboard a $76,219; a year earl ceeded this year. That’s absurd, because the document itself is comboard agenda for discussion. Granted, the yea If anyone is the anointed candidate of this particuplete and has been referenced in one or two board nificant, but a loss lar faction, it’s Supik in spades. meetings. Property owners paid for that document, Viola had informed the directors of intentions hefty funded depr Supik has said that, as chairman of the Budget and and it ought to be released immediately. to seek out bids to replace the antiquated globe ing) this past year Finance Advisory Committee, she is used to navigating Thompson seems willing to release it, but he’s bethrough the annual veryofroiled waters, forging a consensus in a group ing stymied by some of his board overseers, who in lights on the bridge late last year, as in part a Supik could have with, at times, sharply conflicting views. this instance prefer secrecy over disclosure and transproject to renovate and upgrade the venerable had she indulged i Other candidates over the years have said that parency. Perhaps they fear that the Thompson recomthey, like iconic structure, and he and the Public Works De-Supik claims now, can end board factional- mendation could become an election issue, adversely most recentl numbe Supik also seems ism and infighting. It continues, despite the best efaffecting certain candidates, particularly Supik, who partment produced three bids. The proposal from forts of those who say they can end it. has been open in her viewpoint that OPA reserves The are iconic(rather than repairi nities, with the Cou Factional Denny Electric of Millsboro, De., was the staff infighting will probably continue regard- underfunded. North Gate current minority fac less of who is elected this year. It goes with the terWhat they don’t seem to realize is that by keeprecommendation at a cost of $39,995. ritory. It becomes ugly when the infighting becomes ing it secret, it could also have the effect of adversely it’sbe not certain whe bridge will part of the majorit even The estimated lead time after board personal, approvalsuch as when one director says he’s going to affecting certain candidates, particularly Supik, getting a facelift strongly biased in th throw a colleague through the wall for the temerity more so than if they had allowed Thompson to release for the lights is 12 weeks, which would of make theissues differently. The candidates m seeing his recommendations, and their rationales, to the OPA soon with new continued tenure a OceanofPines’ ACC has been estimated at roughly membership. lights ready for installation in the latter part pole lighting, mon, Daly, Ray Ung $14 million, which could mean that OPA reserves are Supik also has come under fire from former board June. Those who like t toeffect replace the underfunded by $10 million if 100 percent funding of member Clarke for her public statements to the Perhaps too m theaACC is the goal. that the OPA and the Ocean Pines Yacht Club is doing Public Works will do the installation at labor 1970s-erations. globes.

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Resolution updates From Page 27 and vision statements, which have not been updated since 2012. The current vision statement is “Ocean Pines will be a premier resort community, offering exceptional value and quality of life to property owners who are diverse in age, economic status and interests.” The mission is to “provide the governance, administration, facilities, services, and amenities that are necessary to make Ocean Pines an attractive, affordable, safe and enjoyable place to live and work.” “This is being brought up primarily because it’s old,” Horn said. Director Amy Peck said the Strategic Planning Advisory Committee is currently developing updated vision and mission statements and hopes to present them to the board for consideration by July.

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OCEAN PINES a net cost that is $110,000 less than what was spent in 2016, Viola said. Viola said the existing fleet is in the sixth year of a seven-year depreciation schedule, with full depreciation in 2023.They’re beginning to show wear-and-tear after years of use. The lower net cost of the new fleet will lower annual depreciation expense from $52,77 to $37,300 once the new fleet is deployed, Viola said. The new carts also will the OPA money because they are more fuel-efficient and are expected to have lower maintenance costs, Viola said, adding that they’re quieter than the current models. The actual cost of the new carts is $5,800 each, with $2000 to $2500 in trade-in value per cart for the existing fleet. Viola said that Mid-South Audio assembled the new “hybrid” audio-visual system for the Golf Clubhouse meeting room at a final cost of $13,157, making it possible for OPA members to participate remotely during board meetings and town halls. The system can also be moved to the Assateague Room or other locations as needed, Viola said.

A smaller system for the small conference room used by advisory committees in the Administration Building will be installed in-house for less than $1,000, Viola said. The general manager also announced he would be moving ahead with obtaining a quote from Wire Works in Fruitland for solar lighting that would be installed along the walking path at the South Gate Pond. Estimated costs are $699-$4,399 with poles and $165 to $1,175 without poles, Viola said. Only one local company, Wire Works, sells the lights, but they can also be purchased on-line, Viola said. In other announcements regarding improvements at OPA amenities, Viola said that: • Kayak racks will be installed in April along side the Swim and Racquet Club. • New closet doors for the Golf Clubhouse meeting room have been installed, wiring will be run behind the wall inside the closet, FRP panels will be glued along the bottom 58 inches of the closet to protect the walls from damage, and foot railing for around the bar in the Clubhouse

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Circled in red, the site of new pickleball courts at the Manklin Meadows racquet sports complex in South Ocean Pines.

Grille is on order. • Water at the Yacht Club marina will be turned back on in April, the shower will be fixed in the marina bathroom when water line repairs are done, and ramps, railings, bumpers and U-rings to the boat ramps at Mumford’s Landing will be replaced in-house by Public Works at an estimated cost of $5,000. • At the Beach Club, palm trees

after two years of covid-related absence are due for delivery the second week of May, broken flooring tile in the bar area will be replaced, Fire Protective Services will replace the hood Ansel system at a cost of $4,390, the water will be turned back on in April, and the OPA is consulting with Ocean City officials for storage of the OPA’s beach wheelchair at 50th street.

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Parks’ proposal for governing board use of social media morphs into possible new conduct code Peck suggests simple one-page policy statement but no return to controversial B-08

By ROTA L. KNOTT Contributing Writer hile not completely shooting down a proposal by Director Doug Parks to implement guidelines regarding use of social media, some members of the Board of Directors during a March 23 meeting suggested they be included within a general code of conduct for the governing officials. Director Amy Peck agreed to take on the task of consulting with the Ocean Pines Association’s legal counsel to develop a proposal for a code of conduct to be presented to the board upon completion. Parks broached the topic of developing a social media policy for board members, saying they should con-

sider the benefits and effectiveness of such a policy. He said that “given the pervasive use of social media, the board should consider a policy to ensure information shared by directors on all social media platforms is consistent and reflects a recognized official position on matters. As directors posting on a social media platform, there is the possibility that the reader could consider the particular social media platform as an official source of information for the community.” He didn’t mention it, but his primary area of concern would most likely be the Ocean Pines ROC (Resident Oversight Community, formerly known as Resident Oversight Committee) administered by Sher-

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rie Clifford. She’s an Ocean Pines Association resident who has just been appointed to the Ocean Pines Search Committee, the panel tasked with finding candidates to run for the board in annual elections. She’s also been discussed as a possible candidate herself this summer. Some of Parks’s colleagues, namely Frank Daly and Peck, have posted frequently on that site, having been banned from another Facebook page, Get Involved, which is administered by OPA member Esther Diller. Parks said it is important to make the distinction regarding an official OPA information resource and other social media platforms available to the OPA membership. “Sometimes there is a source of confusion as to

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where the official pieces of information regarding Ocean Pines reside,” he added. He made a distinction between innocuous social media like those sharing upcoming events or congratulations and those sharing information related to official OPA business. “It’s about specific information that’s relevant to Ocean Pines,” he said. “I think it’s very important that we make sure that the community knows, while we’re not dismissing any of the other sources, that we do make sure that everybody is aware that there is an official OPA information source.” If the board doesn’t take action to direct members to official sources of information, then those members are left to try to gather information on their own from other resources. As for those other social media and information resources, Parks said “99 percent fine but that 1 percent could cause conflict.” OPA President Colette Horn said directors has discussed among themselves and reached consenu

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outvoted by a majority bloc of the five other directors. Horn said a social media policy for the board may simply be a bureaucratic burden when it comes to enforcement. Traditionally during the board’s annual orientation process following the election, directors discuss general expectations for how they will conduct business and how to conduct themselves. “I think this is a practice that could be discussed at that point,” she said, adding “That would be my preference over a policy.” Parks agreed that a policy may not be the right term. But he said it is important to have some documentation regarding the expectations of a director posting on social media. “Not everybody that walks up here has common sense,” he said. Having a guidance document on the use of social media will provide the Board with “something to fall back on” to ensure consistency from board to board, he said. Peck said the board’s time would be better served by developing a code of conduct and ethics for directors and social media could be part of that document. “That way it would be a consistent document from board to board to board.” She said the Parke section has a one-page code of conduct for its board and it would be good for the OPA to have something similar. u

sus that their personal social media posts on sites other than official OPA media “would be factual sharing of information” that is otherwise available on the OPA Website. She asked her fellow directors if they are interested in creating a policy regarding that agreement. Director Larry Perrone was hesitant. “Why are we talking about putting a policy in place for, as Doug said, one percent of the people?” he asked, and said “we can’t control the perceptions of people who believe that this Website or this forum or this newspaper is the official site of Ocean Pines.” As a board, Perrone said the directors have agreed that official statements will be released through the OPA president and that any personal postings they make as individuals on any social media site would be factual. “I’m just loathe to start making procedures because a couple of people, one percent, are confused. I would venture to say more than one percent of people are confused. Establishing more policies just for that reason, I don’t think it’s necessary,” he said. Director Josette Wheatley agreed with Perrone, saying “It is what it is. You give facts. Facts are facts.” Daly said four sitting directors, including himself, Horn, Parks, and Perrone, have had to deal with the fallout of online comments made by directors. “In my mind this ain’t rocket science, Ok,” he said. He said last year OPA’s legal counsel gave the board clear advice after directors received “some very controversial information about a member of the association.” That was a reference to Diller, whose legal challenges have been amply covered in the local media. According to Daly, legal counsel Jeremy Tucker advised directors to speak only for themselves, avoid rumor, speculation, and innuendo, and if asked a specific question, to give factual information. Of that advice Daly said “It’s just common sense. I don’t think we need to write common sense down as a policy.” Director Rick Farr submitted a draft social media policy but the board didn’t discuss it during the meeting. Instead, he said he would send it to Peck for review as part of her outreach to legal counsel. “I think it’s something we should definitely take a look at,” he said. Parks and Farr often see issues the same way, but they often are

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32 Ocean Pines PROGRESS April 2022

Board wants ARC suggestions on ways to cut down on unapproved tree removals Lack of enforcement capability said to be root of problem

By ROTA L. KNOTT Contributing Writer acing a surge in the number of property owners having trees removed without securing the appropriate permits from the Ocean Pines Association, the Board of Directors is asking the Architectural Review Committee to recommend ways to effectively address the issue. The board reviewed a series of initial suggestions from the ARC during a March 23 meeting but balked at proposals like requiring tree services to register with the OPA, limiting the hours during which tree worked can be conducted, and levying a fee for a tree-cutting permit. Instead, the board told the ARC to work with the Compliance, Permits, and Inspections staff to develop a proposal that would both be effective and would be more likely to be approved. Director Rick Farr, liaison to the ARC, presented the topic for discussion saying tree removal is occurring in Ocean Pines without the property owners meeting OPA, CPI and ARC required protocols for approval. He said the issue has been discussed at length at ARC meet-

ings and “it is apparent that there are inconsistent practices regarding tree removal requests, permitting application process and apparent widespread abuses by both homeowners and tree service companies.” As background, he said the ARC even reviewed social media and community forum posts detailing “methods and workarounds were described for performing tree removal without proper permitting and approval. The overall media posts or messages indicated tree work was occurring without reference to homeowners-initiated application or following of required ARC protocols regarding pre-approval inspections and site permitting for tree removals. Specifically, homeowners were not making actual application for associated Request for Tree Removal or following required ARC protocols regarding the tree removal process, he said. Director Larry Perrone wanted to know what CPI is doing about the problem since it knows that trees are being taken down without appropriate processes. “What’s happening? Are we going after the homeowners? I don’t think we have the ability to go after the

Conduct code

point,” he said. Horn agreed that Resolution B-08 that tried to regulate the conduct of directors was rescinded because it was difficult to enforce. The problem was that there was no due process clearly articulated for any violations of the policy, she said, adding that the provisions of the resolution were also open to varying interpretations. She liked Peck’s recommendation for a simple code of conduct but also agreed with Daly that if the board wants to pursue the policy then it needs legal counsel’s advice. Horn asked Peck, who agreed, to take the task of working with legal counsel to draft a proposed simple code of conduct that includes social media guidance with the OPA’s legal counsel.

From Page 31 Daly said if the board is serious about creating a code of conduct then it needs to follow the advice of legal counsel in doing so and codify the language. But Perrone responded “We’ve been down this road with a code of ethics.” He cited the now discarded Board Resolution B-08, which was rescinded because of a lack of enforceability. He said while the intention was good, the resolution “was a disaster” and added that the OPA has no enforcement mechanism against someone who doesn’t follow this policy. “I think this is just creating problems where they don’t exist at this

tree service. If we’re not going after them [property owners], why not?” he asked. Joshua Vickers, CPI chief inspector, said the challenge is that there is no specific penalty for property owners if they remove trees without acquiring a permit. He said that unauthorized tree removal frequently occurs on weekends when CPI staff is typically unavailable. While the property owner is required to replant for any trees removed, based on a Worcester County adopted point system for various plantings, it is hard to enforce that. He said the plantings are frequently dead by the time the OPA can re-inspect the property. “Unfortunately we don’t have enough staffing to keep up with sixmonth re-inspection.” Among the ARC’s proposed remedies for the situation are requiring tree service providers to register with CPI and complete an annual registration, attaching a $115 fee to tree removal, levying fines for unauthorized tree removal on either the homeowner or tree service providers, limiting tree cutting to Monday through Friday when possible. “I don’t think we have the authority to do anything to the contractors,” Perrone said. “And I think that’s what you’re looking for here. And I don’t think we can do that.” He acknowledged that neither the OPA nor the county have enough staff to inspect in properties in a timely manner after trees have been removed. “If the problem is the homeowners having trees taken down without these permits or approval then we need to deal with the homeowner. I just don’t see us dealing with the tree services,” Perrone said. General Manager John Viola said the OPA uses some of the major tree service companies in the area and staff will talk with them about the need to ensure property owners have acquired the necessary permits prior to any work commencing.

He indicated the OPA may have some leverage with those contractors because if they violate the association’s requirements “we just won’t utilize them for the work that we do.” As for limiting tree work to Monday through Friday, Perrone said that isn’t realistic. He said the tree service companies are very busy and sometimes it takes months to get them to do work. “And we’re now going to arbitrarily tell tree contractors when they can and cannot work. I think we’re stepping into a bucket of stuff here that we don’t need to step into,” he said. Director Frank Daly said if the OPA wants to implement draconian enforcement whereby it takes property owners to court over downed trees, it can do so. But he said he doesn’t sense a community appetite for that type of enforcement. Currently, whenever the OPA initiates legal action against a property owner, it incurs the cost of doing so. “It is like writing ourselves a $1,500 ticket,” Daly said. The only way to avoid that is to develop a system for fining property owners for violations of the restrictive covenants, he said. The last time that proposal was brought up by the board it received considerable push-back from the community, according to Daly. “Right now we’re dealing with a situation that’s kind of, essentially it’s voluntarily,” he said. “Because from a regulatory standpoint I can’t recall us ever …taking somebody to court for taking down a tree illegally.” The other issue is one of enforcement, he said. If the OPA is only able to do inspections on weekdays, it is pretty easy for property owners to circumvent the approvals and inspection process. “That’s common knowledge. So we could change that by changing the number of hours that we have to enforce our rules,” he said. John Dilworth, chairman of the ARC, said the committee wanted to bring the issue to the board’s attention. “This can’t wait. We need something to beef this up right now,” he said, adding that “we drive around and see trees being knocked down … no permit, no inspection, no nothing.” He said the OPA has to do something to make property owners aware they aren’t supposed to do To Page 34

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34 Ocean Pines PROGRESS April 2022 Tree removals From Page 32 this without a permit. He said the only current recourse seems to be that property owners who violate the restrictive covenants can have their voting rights and use of OPA amenities suspended. “That in my opinion is the only thing we have on an interim basis to try to encourage people to comply,” he said. This situation has resulted in CPI

OCEAN PINES responding in a reactive rather than proactive position regarding these matters and it distracts from many other CPI field responsibilities, he added. The administrative work associated with requests, permitting and code enforcement involves a large block of administrative time and resources. These resources are overburdened, and the unrecoverable time casts a deficit on other needed areas and uses for these specific resources,

according to Dilworth. Currently, tree removal requests and associated permits are issued at no cost but administrative, office and field resources are expended to this process. CPI and ARC suggested establishing a fee to cover the resources expended for this process including a one-time administrative cost for time in processing the application and two field inspections Director Josette Wheatley asked if property owners may be cutting

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trees without a permit simply because they don’t know they need one. “Do you think it’s ignorance of the rules?” she asked. Vickers said he handles 18 to 20 tree removal permits a day. He said charging for a permit may “deter some people from thinking it’s a free permit anyway, I don’t need to get it.” Perrone chastised Vickers, taking exception to the notion of a free permit. “Let’s remember nothing here is free,” he said, adding that “the association members are paying assessments that go to your salary.” Director Amy Peck was worried that imposing a fee may have the unintended consequence of just furthering noncompliance. “It’s not going to be enough to hire the people that you need,” she said of the amount proposed as an application fee. “I’m not sure that fee is actually a good idea.” OPA President Colette Horn said the committee put forth a lot of potential remedies to the situation for consideration. “It looks like few, if any of them, are viewed at this point as having the ability to be effective or doable,” she said, but added that the board needs the ARC to work with staff to come forth with recommendations that are doable within the scope of the OPA’s governing documents. Daly said the OPA is developing a process for revising the declaration of restrictions for each section of Ocean Pines to allow regulation of short term rentals and issuing of fines for violations. He said that infrastructure could be used for a similar vote to implement fines for very specific ARC violations like tree-cutting. He said he believes that if the ARC develops a very specific short list of property violations that cause problems with home values in the community, the board may consider asking the community for the ability to levy fines for those infractions. He said the ARC should focus on the “big ones that are consistently causing problems” in the community. The board last year authorized a section-by-section vote to amend declaration of restrictions to allow for limited fines to be levied for infractions of community regulations that pertain to short-term rentals. It’s unclear when the voting will begin.

OCEAN PINES

Wheatley proposal to study mailbox covers shot down over concerns about cost Perrone calls it ‘beating a dead horse,’ and says it’s been consistently rejected by the Budget and Finance Advisory Committee

By ROTA L. KNOTT Contributing Writer proposal to investigate building covers over the mailboxes throughout Ocean Pines and to select three test sites for such construction was summarily rejected by the Board of Directors following a March 23 discussion. Director Josette Wheatley offered a motion to explore the potential for covering the mailboxes in response to public inquiries about doing so, but she was the only director to vote in favor of her proposal. Wheatley’s motion directed the general manager to investigate and recommend three locations for the design and construction structures to cover existing mailboxes: one location between the Route 90 Bridge and the Northgate, one between the Route 90 Bridge and Manklin Creek, and one between Manklin Creek and the Southern end of Ocean Parkway. Her motion specified that the investigation include a specific plan for the design, permitting, construction and life cycle costs as well as the community response to the project. She also called for a recommendation from the general manager by June to proceed immediately with the project, to include it in the 2023/2024 budget or to abandon the project. She said the proposal was designed to provide specific information as to the costs and benefits of

covering all mailbox locations within Ocean Pines and to gather information regarding community approval or disapproval of constructing these structures. She said the issue of providing structures at the existing mailbox locations comes up on a recurring basis. Her proposal would provide actual costs, maintenance information and community input on construction of these structures. “I’m not going to support this motion,” Director Larry Perrone said immediately. He said General Manager John Viola has at numerous times looked into the cost of covering the mailbox sites. “We have determined that putting structures around the mailboxes is going to be millions of dollars,” he said, and that doesn’t include the cost of future maintenance. “We’re beating this horse to death, over and over and over again.” Perrone told Wheatley that she made a motion to have Viola do work that he’s already done three or four times. He said the project of erecting covers over the mailbox pavilions scattered throughout Ocean Pines has also been discussed and rejected by the Budget and Finance Committee several times. “The board has taken the position over the last few years the expense is not warranted,” Perrone said. “I don’t think we need to incur the expense of putting these structure around the mailboxes.” Further, he said the OPA is already in the process of repairing and replacing many of the

April 2022 Ocean Pines PROGRESS 35 concrete pads and mailbox pedestals at the cluster box sites. The Ocean Pines Association is planning to replace the pedestals on the cluster mailboxes at ten high priority locations in the community and 100 pedestals have been ordered. The OPA is waiting on delivery to begin pedestal replacement and will Josette Wheatley coordinate with the post office on dates for the repairs. Mailbox pavilions at 55 locations throughout the community will also be hand cleaned at a cost of $75 each, including the concrete pads on which the cluster boxes are installed. The total cost of the cleaning project is $4,125. The work was scheduled to start in March at a test site. “We’ve been down here,” Director Doug Parks agreed, saying the board should let Viola and his team complete the current repair and replacement program. “We agreed that the expense in doing that was reasonable and it would certainly produce results,” he said, adding, “I would very much want that process to continue.” Once those repairs are completed, Parks said the board can review and see if it produced the desired results and if more work is necessary. Director Frank Daly, who gave a second to Wheatley’s motion, said if the OPA already has the requested data then a new study is probably unnecessary. “If we have the information as to exactly what these things would cost and the permitting and u

Linda Martin named senior executive office manager Role is sumilar to that of an assistant general manager, Viola says

cean Pines Association General Manager John Viola on March 2 announced that Linda Martin has been promoted to the new position of senior executive office manager, effective on that day. In her new role, Martin assumes the duties previously performed by the senior executive assistant, a position she had held temporally since the beginning of the year. “Linda has been a part of the Ocean Pines Association for many years, most recently as the office manager for the Public Works Department,” Viola said. “Her work with the leadership team on initiatives such as the DMA reserve study, the 2022-23 fiscal year budget and Ocean Pines costumer service illustrates her willingness to take on new responsibilities and makes her ideal for this position.” As senior executive office manager, which Viola told the Progress is a role similar to a deputy or assistant general manager, she will report to and serve as a confidential assistant to the general manager. She will continue to lead the Compliance, Permits and Inspections Department (CPI) and the customer service program, in addition to her new respon-

sibilities. She will also be responsible for performing tasks as the assistant secretary of the OPA, a position appointed by the OPA Board of Directors. Born and raised on the Western Shore of Maryland, she majored in accounting at Anne Arundel Community College and has held a variety of financial-related jobs in government, retail, medical and community-based organizations. She moved to the Eastern Shore in 2006 and worked for the Public Works/CPI Department from 2006-17 as an office coordinator. Linda Martin She returned to Ocean Pines as the Public Works office manager last fall. “Please join me in wishing Linda continued success in her new position,” Viola said.

36 Ocean Pines PROGRESS April 2022

OCEAN PINES

Board declines to comment on wildlands bill Daly suggests an on-line petition that residents could sign in support of state legislation

By ROTA L. KNOTT Contributing Writer he Ocean Pines Association needs to stay in its own lane and not comment on legislative matters pending elsewhere in Worcester County, the Board of Directors decided during a March 23 meeting. The board reviewed a request for it to endorse House Bill 882, legislation pending in the General Assembly to expand a designated state wildland in Pocomoke, but opted not to take action. Director Doug Parks presented the topic for discussion, but said he wasn’t necessarily supportive of the board sending a letter endorsing HB 882. “The fact that I brought this up doesn’t mean that I’m in support of it. I was asked to do so,” he clarified. As background, he said members of the Recreation and Parks Advisory Committee asked the board to consider sending a letter on behalf of Ocean Pines to officially support House Bill 882, which authorizes expansion of wildlands boundaries and planning for a raised walking and biking trail through the Pocomoke State Forest to the Town of Snow Hill. Parks said the proposal has been in process for several years and has already been through environmental reviews. He added that numerous environmental and community groups have already submitted letters of support for the bill. “There’s already a ground swell of support for this and we just wanted to discuss amongst ourselves whether or not we should make an official support of HB 882,” he told his fellow directors.

Director Frank Daly said the OPA board needs to stay in its own lane. “We deal with Ocean Pines. What goes on in Berlin, other communities that surround us, I don’t think we have any business getting involved with that as a board and as an association,” he said. Daly suggested that the OPA staff create an online petition that residents and property owners could sign in support of HB 882 because they are also voters in the State of Maryland. “Then we’re keeping out of it as an association but we’re certainly saying that as taxpayer and as a resident of Worcester county if you want to support this sign it we can provide that vehicle,” he said. Parks agreed with Daly that the board needs to focus on the issues specific to or affecting Ocean Pines. “Unless there’s some specific benefit to doing this, I would prefer to stay in our lane. I like that approach,” he said. However, he asked if there could be any repercussions for the OPA failing to take a stand on HB 882 either in support or opposition. When no one responded, he said “I don’t like being one to overstep our bounds and if we stay focused on the business of Ocean Pines, I think that’s a defensible position.” Director Larry Perrone also agreed with Daly and Parks’ comments. “I agree. While I think this is a great project, it doesn’t affect Ocean Pines and I don’t think we ought to be taking a position on it,” he said. Director Josette Wheatley said it’s good for the board to know what’s happening in the surround-

Mailbox covers

said of Wheatley’s proposal. Parks asked if a recent property owner survey conducted by the Strategic Planning Committee had touched on the topic of mailbox coverings, but Horn responded no. General Manager John Viola agreed that the association should continue with its program to make repairs to the concrete pads and replace the cluster box pedestals before considering any other improvements to the mail box locations. He said the association is just beginning that project as materials and labor become available. “That’s a lot right now,” he said. As far as studying the potential for covering the pad sites, Viola said that has been done numerous times. He said he would have to update his previous research as the cost of materials and labor for covering the mailbox sites has changed a lot in the last year. “We have a program. Let’s finish that out,” Viola told the board. “Let’s see what happens and what we learn from that.” With Wheatley the only director voting in favor of her motion, it failed to carry. She simply said the issue gets brought up a lot. Viola said he would try to gather the information necessary to put together a cost estimate for a single structure as an example.

From Page 35 everything like that, I would agree with you,” he told Parks. Still, Daly said, this is another topic that surfaces in the community on a reoccurring basis. “Maybe we don’t need anything more than those facts codified to take care of the issue,” Daly said. He added that based on Perrone’s comments it seems like maybe the OPA already has the answers to some of the questions posed in Wheatley’s motion but that the information simply hasn’t been publicly shared. If the committee has discussed covering the mailboxes and has the associated cost then the board needs those numbers, he said. “We just need to get that information out to people,” he added. OPA President Colette Horn suggested using Survey Monkey to conduct an on-line poll to gauge the interest of OPA members in having the mailbox sites covered. She said the OPA could distribute information on the cost of constructing such structures throughout the community and gather input from members using a survey. “I could get behind that but I couldn’t get behind this motion,” Horn

ing communities but also agreed the Board needs to focus on issue in Ocean Pines. While the current proposal to expand the wildlands and create a pedestrian and bicycle path in in the south end of the county, eventual plans call for a connection from Snow Hill through Berlin, according to Director Amy Peck. That would bring the project closer to Ocean Pines and could tie in with improvements to Route 90, she said. “That is something that does directly affect Ocean Pines,” she said. OPA President Colette Horn concurred with Peck’s statement that once the project moves north and incorporates improvements to Route 90, it will have a direct impact on Ocean Pines. HB 882 alters the boundaries of the Pocomoke River wildland by exempting a specified tract of land serving as a trail course and adding approximately 80 acres, bringing the total wildland area to 3,109 acres. In the state, wildlands are defined as limited areas of land or water which have retained their wilderness character, although not necessarily completely natural and undisturbed, or have rare or vanishing species of plant or animal life or similar features of interest worthy of preservation for use of present and future residents of the sate. The Pocomoke River wildland is one of 38 separate wildlands designated in statute that consist of approximately 66,000 acres in total. Generally, the wildland areas must be devoted to public purposes for recreational, scenic, scientific, educational, conservation, and historical use.

Candidate applications now available online A Board of Directors application form is now available on the Ocean Pines Association Website for downloading. It was officially revised by vote of the board at its March 23 monthly meeting, with more detail requested of candidates than the previous form. In a prepared statement. Ocean Pines Association President Colette Horn said that the Search Committee is “ramping up efforts to find and support individuals who wish to apply to become a candidate for the Board of Directors in our 2022 election. For additional information about the application process and the responsibilities involved in sitting as a Director, OPA members should contact Search Committee Chairperson Tom Piatti at tompiatti@aol.com.” Applications are due in the Association offices no later than May 10. They may be mailed to: Ocean Pines Association, Attn: Linda Martin, 239 Ocean Parkway, Ocean Pines, MD 21811 or emailed to: lmartin@ oceanpines.org.

OCEAN PINES

OPA to tweak resolution language so only members can submit a petition

Perrone wonders if board is descending too far into the weeds, Parks says board may be ‘teetering on the theater of the absurd’ By ROTA L. KNOTT Contributing Writer he Board of Directors discovered during a review of Resolution B-07, which establishes the format and the procedures for the submission of petitions, that the document doesn’t preclude people who aren’t Ocean Pines Association members from submitting petitions. “Is there going to be any requirement that that individual must be a member of the Ocean Pines Association?” Director Doug Parks asked, saying that should be clarified in the resolution. The review took place the March 23 regular meeting of the board. Parks said that means “somebody from Boston” or elsewhere outside of Ocean Pines, and who doesn’t own property in the community, could initiate a petition on an Ocean Pines matter. “Good point,” responded OPA President Colette Horn.

Director Frank Daly asked for clarification as to whether it should specify a member or an owner of record is eligible to submit a petition. Under a section on the initiation of petition, the resolution simply says “the petition must identify the person(s) initiating the petition and the person(s) who will represent the petitioners. Normally this will be the person(s) initiating the petition.” The document does specify that petitions must include clearly printed last and first names of each petitioner and either their lot number or Ocean Pines address. Only one member per lot or property may sign the petition and petitioners must be eligible to vote when the petition is filed. Horn said she believes there may be language in other OPA governing documents that addresses the matter. “I believe that’s in our by-laws,” she said. Jim Trummel, chairman of the

By-laws and Resolutions Advisory Committee, said there is no specific language in the OPA’s bylaws that requires a person to be an OPA member to propose a petition. “Anybody who signs the petition of course has to be an eligible member to vote,” he noted, but said he isn’t aware of a specific reference to the petitioners’ qualifications as a member in the by-laws. Trummel chuckled and then said “I don’t mean to laugh.” But, he coceded, it is unlikely that somebody who is not an OPA member would think it is acceptable to submit a petition in Ocean Pines. “If we categorize it as you must be a member are we violating any other state or federal law that would allow somebody through some legal process to submit a petition even though they’re not a member of Ocean Pines?” Parks asked. He wondered aloud if that is why it was not specifically stated that one must be an OPA member to sub-

April 2022 Ocean Pines PROGRESS 37 mit a petition to the Board. “Are we teetering on theater of the absurd? Yes, we are,” Parks said. However, he said he wouldn’t want the board to add language to the resolution that conflicts with Maryland homeowners association law. Director Larry Perrone said there is a restriction on non-members speaking at OPA board meetings. He said in order for someone to present a petition to the board at a meeting as is required, they must be a member. “If they’re not a homeowner in Ocean Pines they don’t have the ability to speak at a meeting to make a presentation of the petition,” he said. Perrone said he understands Parks’s position but also said “we might be getting a little too in the weeds.” Trummel discussed the relationship between the OPA’s by-laws and board resolutions. He said a resolution must consistently apply the by-laws but it cannot alter the by-laws. Therefore, he said if a board resolution says a person presenting a petition has to be a member of the association he would consider that consistent with the contents of the governing documents. “If you wanted to put that in there, I personally think it would be acceptable,” he said. Horn agreed to work with the committee and legal counsel to review the resolution and draft revised language.

Pines resident receives Carnegie Hero award

OPA, Berlin officials present honor to Jonathan Bauer, who saved toddler from drowning

he Town of Berlin and Ocean Pines Association officials on March 23 presented Ocean Pines resident Jonathan Bauer with a 2021 Carnegie Hero Fund award, considered North America’s highest honor for civilian heroism. The award was established by industrialist-philanthropist Andrew Carnegie in 1904 to honor acts of extraordinary heroism. This year, 17 Americans received the honor. According to the Carnegie Hero Fund Website, Bauer was involved in a multivehicle accident on the Route 50 Bridge in Ocean City on May 2, 2021. During the accident, a 23-month-old toddler was ejected from her family’s pickup truck, “causing her to land in the cold water of the bay.” “Bauer … climbed over the bridge’s guide rail and jumped 30 feet into the shallow water. He swam to the girl, who was unresponsive. Holding her over his shoulder, he tapped her back until she coughed, spit up water, and opened her eyes. Bauer held her above the surface of the water until a pontoon boat arrived to take them to shore. The toddler was airlifted to the hospital and was released the following day. Bauer was sore, but he did not require medical treatment,” the Website said. Bauer is an Ocean Pines resident. The Town of Berlin received the u

Berlin Mayor Zack Tyndall (left) bestows the Carnegie Heroes Award on Ocean Pines resident Jonathan Bauer in a March 23 ceremony.

38 Ocean Pines PROGRESS April 2022

OCEAN PINES

Target date for strategic plan completion is Aug. 30

Strategic Planning Committee shares survey results during March 2 town hall

he Strategic Planning Committee’s latest target for completing a long-term strategic plan for the Ocean Pines Association is Aug. 30, prior to the start of the next budget cycle. Committee Chair Bernie McGorry made that disclosure at a town hall meeting March 2, in which he and committee members presented the results of a recent community survey. Members of the Communications Committee helped moderate the event. The survey sought to gauge overall community satisfaction, what is most important, core values, and feedback on key issues and opportunities for Ocean Pines property owners. In total, 1,832 property owners completed the hybrid survey (using both online and hard copies), with 96.5% of surveys being completed online. Of those, 61% of respondents were full-time residents and 37% were part-time residents. McGorry said survey respondents were very satisfied overall and likely to recommend Ocean Pines to others. A wide majority, 95.2%, were either somewhat, very, or extremely satisfied, and 68.5% said they were either very or extremely satisfied. McGorry said what was most important to residents was safety, maintenance of infrastructure, and community appearance, in that order. Safety was either very or extremely important to 95.2 percent of survey takers, followed by maintenance of infrastructure (94.2 percent very or extremely important) and community appearance/aesthetics (89.8 percent very or extremely important). The largest gaps in importance versus overall satisfaction were in maintenance of infrastructure, community appearance, and the as-

Carnegie hero From Page 37 physical award through the Carnegie Hero Fund. During a brief ceremony at Berlin Town Hall on March 23, Berlin Mayor Zack Tyndall presented Bauer with the award. Also attending the ceremony were Bauer’s wife, Wendy, daughter, Ava, Town of Berlin Mayor’s Assistant JoAnn Unger, and Ocean Pines Association Public Relations Director Josh Davis. Bauer said the award was a true honor, made even more special because he’s originally from Pittsburgh, home to the Carnegie Steel Company that launched Andrew Carnegie’s fortune. “Growing up there and being awarded the Carnegie Hero Fund is just amazing,” he said. “It absolutely was a life-changing moment, not only for me, but for my entire family.” Bauer’s daughter, because of the incident, was inspired to volunteer with local EMS. Tyndall reflected on his own EMS experience, and said it was a great honor to present the Carnegie Hero Fund award. “You work here and you live in Ocean Pines, so I think it’s very awesome to have somebody receive that locally,” he said. “I also think that what you did impacted a lot of people, including your own daughter and her aspirations, and I think it will forever change you.” Ocean Pines General Manager John Viola said Bauer is an inspiration to the entire community. “What a wonderful and well-deserved thing for him to receive that great honor,” Viola said. “We couldn’t be prouder to call Mr. Bauer one of our own,” Davis added.

sessment fee value for the money. Just 23.6 percent rated maintenance of infrastructure as slightly or significantly above expectations, while 24.7 percent said the assessment value was slightly or significantly above expectations. Overall, safety was rated very positive, with 58% rating safety as either slightly or significantly above expectations. Five potential core values received some of the highest ratings on the survey. All were rated as being very or extremely important: integrity (86.4 percent), accountability (82.2 percent), collaboration (76.3 percent), respect (74.4 percent) and sustainability (74 percent). The top-three issues identified were transparency, infrastructure, and collaboration between the Board of Directors and the General Manager. All three issues were rated very or extremely important by more than 80 percent of respondents. Another concern for survey respondents was traffic on Route 589. The top-two opportunities were electronic voting and increasing amenity fees for nonresidents. The survey revealed 64.7 percent of respondents either slightly or strongly agreed with support for electronic voting. Property owners also showed a preference for investing in current amenities rather than creating new ones, with 58.7 percent slightly or strongly agreeing that Ocean Pines “should invest in improving current amenities.” Just 35.7 percent slightly or strongly agreed that Ocean Pines should invest in new amenities. McGorry said the survey results will be the most important input used in development of longterm, three-to-five-year plan for Ocean Pines.

OCEAN PINES BRIEFS Linda Martin updates board on service calls

Senior Executive Office Manager Linda Martin during the March 23 Board of Directors meeting presented an overview of customer service calls, which General Manager John Viola called “one of the most efficient processes and initiatives that we’ve put in.” Martin said she and staff, which also includes Marketing Coordinator Julie Malinowski, fielded 115 calls and emails to info@oceanpines.org in February. Of those, 44 were related to CPI (compliance, permit and inspections), 41 were general questions, 18 were about amenities, nine were questions for Public Works, and three were about drainage.

Free ‘Spec Tennis’ lessons in Ocean Pines

The Spec Tennis Club of Ocean Pines invites new players to sign up for a free lesson clinic in April. Clinics are scheduled Saturday, April 9, at 11 a.m. or Thursday, April 14, at 4 p.m. at the Ocean Pines Racquet Center in South Ocean Pines. All necessary equipment will be provided. Organizer Karen Kaplan said Spec Tennis is a new and unique paddle sport played on smaller, fenced-in courts. Players use paddles and a low-compression tennis ball. “This game is easy to learn and it’s never too far to the ball. A shoulder-friendly underhand serve is used, and Spec is similar to tennis in scoring and strokes,” she said. To register for one of the free lesson clinics, email Kaplan at oppaddle2020@gmail.com.

OPA to offer lifeguard class

The Ocean Pines Association’s Aquatics Department will hold an American Red Cross lifeguard certification class April 8-10 at the Sports Core Pool. The class gives participants the knowledge and skills to prevent, recognize and respond to aquatic emergencies and to provide professional-level care for breath and cardiac emergencies, injuries and sudden illnesses until emergency medical services personal take over. American Red Cross certification is required for lifeguard positions at many pool and aquatic facilities, including in Ocean Pines. Kathleen Cook, director of Ocean Pines Aquatics and an American Red Cross-certified instructor, will lead the course. Classes will be held April 8 from 5-9 p.m. and April 9-10 from 9 a.m.-6 p.m. Participants must be age 15 or older by the last class on April 10. u

OCEAN PINES

April 2022 Ocean Pines PROGRESS 39

OCEAN PINES BRIEFS The course fee, which includes a two-year American Red Cross certificate for Lifeguarding/First Aid/CPR/AED, is $200 for Ocean Pines swim members, $250 for Ocean Pines residents and $275 for nonresidents. Anyone who successfully completes the class and is hired as an Ocean Pines lifeguard for the summer is eligible to have the course fee waived. To register call 410-641-5255.

Ecumenical prayer service set March 30

Persons of any faith background are welcome to gather to pray for peace in Ukraine on Wednesday, March 30, at 6 p.m. at the Veterans Memorial Park in Ocean Pines beginning at 6 p.m. For information, contact Fr. Larry Barnhill, Dean, Holy Trinity Cathedral Anglican Church, at dean@htcanglican.org or call 352-216-1995. The prayer service is sponsored by the Interfaith Friendship Association.

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40 Ocean Pines PROGRESS April 2022

OPA racks ups another surplus in February Year-to-date operating fund positive variance above $1.5 million By TOM STAUSS Publisher he Ocean Pines Association recorded another operating surplus relative to budget in February. The positive operating fund variance for the month was $34,186, with revenues over budget by $63,505 and total expenses over budget by $29,319. For the first ten months of the 2021-22 fiscal year, the positive operating fund variance was $1.52 million, with revenues over budget by $1,412,473 and total expenses under budget by $141,442. New capital expenditures for the year were over budget by $33,505. The results were released and posted on the OPA Website on March 23 by Controller/Director of Finance Steve Phillips. The positive variance to budget was the result of an actual loss in the month of $628,175 compared to a budgeted loss of $662,361. All OPA departments were in the red for the month, as expected this time of year. Assessment-funded departments were ahead of budget, while most amenity departments recorded deficits compared to budget. For the year so far, every OPA department was ahead of budget through the end of February, with tennis the lone exception. Every amenity was actually in the black for the first ten months of the year, again with tennis the lone exception. Of the amenities, beach parking is the leader in net earnings of $474,973, followed by golf operations with net earnings of $340,914. Compared to budget, golf operations lead with a $316,745 operating fund variance, followed by Aquatics, which is ahead of budget through February by $193,826, an impressive year-over-year turn-around. In comments at the March 23 Board of Directors meetings, General Manager John Viola again predicted the final operating fund variance should be somewhere in a range of $1.3 million to $1.5 million. With March and April the last two months of the fiscal year, there would have to be a combined negative variance to budget in those two months adding up to $200,000. April especially would have to be substantially rained out for the OPA

Ocean Pines Association - Net Operating By Department, February 2022

Source: OPA Controller/Director of Finance Steve Phillips

to slip into a negative variance to budget for those two months. Director Frank Daly in comments during the March 23 said all the amenities are making money for the OPA currently.

He was correct except for tennis, which is only behind budget by $10,195 for the year. Status of reserves -- OPA reserves as of Feb. 28 had a balance of $6.66 million, down from $6.87 mil-

lion at the end of January. The replacement reserve had a balance of $4.87 million, bulkheads and waterways $841,628, roads $4,655, drainage $687,802, and new capital $250,267.

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OPINION

April 2022 Ocean Pines PROGRESS 41

COMMENTARY

By-law amendments still need some work If the board sends out proposed changes in their current iteration, OPA members should consider voting against all of them

he Board of Directors, or at least the majority bloc, seems ready to send out a referendum on proposed changes to Ocean Pines Association by-laws. Two directors, Doug Parks and Rick Farr, are urging caution, suggesting that these amendments need more time, in Parks’s formulation, to gestate. These proposals need more than just time to gestate. To the extent that they continue to constitute an unprincipled, targeted attack against a single OPA member, and her husband, weaponized in an obvious way to hurt his possible candidacy to the board this summer, they need revision. Or in one proposed by-laws, eliminated entirely, to remove the taint of politicization from the work product of two years of effort. There is no need to belabor the offending by-law regarding felons, as it was given all the treatment it needed in this space in a recent edition. Suffice it say that this provision is targeted without subtlety against Esther Diller, the administrator of the popular Facebook page, Get Involved. Her husband is Stuart Lakernick, a candidate for the board in recent summers, who may decide to give it another try this summer. Only 31 votes for others in last summer’s election cast instead for him would have resulted in his election. As if any more evidence was needed to demonstrate the wanton politicization of the process, one only need take note of comments made by Director Frank Daly in the recent public hearing on the proposed amendments. Without any support or smidgeon of decency, he alleged through admitted “rumor and innuendo” that a cabal of criminals were plotting to take over OPA assets. Notwithstanding the impossibility of any of this happening through the auspices of the board of directors, whose members never touch a penny of OPA financial assets, this was a not too subtle attempt to keep OPA members thinking about Diller in a way that suits Daly’s political preferences. This ugly weaponization of changing by-laws needs to stop. The board, in a bollixed up email vote that had to be redone in public at the board’s March 23 monthly meeting, also made the wrong move in revising two proposals for clarifying the meaning of “owner of record” and eligibility stan-

dards for running and serving on the board. Taking cues from the opinion of Judge Sidney Campen in the recent Rick Farr vs. OPA litigation, in which the OPA suffered a well-deserved drubbing, Daly in apparent good faith devised a proposed amendment that would have allowed legal owners (individuals listed on a deed) and most equitable owners (limited liability corporations, other corporations, partnerships, and trustees and co-trustees), to run and serve on the board. In a deviation from Judge Campen’s decision, trust beneficiaries were not included in the list of eligible candidates, but it was a close enough rendering that even Farr went along with it. But in an eleventh hour change promoted by the By-laws and Resolution Advisory Committee, the board retreated from that more expansive formulation, eliminating representatives of corporations and partnerships as candidates. The vote was 6-1, with Director Rick Farr in opposition. He had suggested adding “equitable owner” to the list of eligible candidates, which would have brought these by-laws changes into full conformity with the judge’s decision. It also would have avoided the real potential that these changes will be in conflict with OPA Declaration of Restrictions. As Farr attorney Bruce Bright argued in his successful suit against the OPA, the DRs and Articles of Incorporation

specify that both legal and equitable owners of Ocean Pines property have identical rights of OPA membership, including the right to run for and serve on the board. Some may differ or not like that Judge Campen agreed with Bright, but it’s a decision that cannot be undone. The committee argued that allowing corporate and partnership representatives to serve on the board would constitute a conflict of interest, and a board majority bought that argument. But the fear of a potential conflict of interest seems exaggerated, given that none of these kinds of equitable owners have ever sought a seat on the board. In any event property owners can make that judgment for themselves in the unlikely prospect that partnerships or LLCs decide to have one of their own seek elected office in Ocean Pines. Elsewhere in this edition of the Progress, former OPA Director Slobodan Trendic suggests a more comprehensive reason for voting against all the proposed amendments. He believes there already is too much complexity and volume in the OPA by-laws. He argues persuasively that an effort should be put forth to reduce the number of pages to roughly half, with a substantial portion of current content off-loaded to board resolutions or policy manuals. He cites Maryland homeowner assou

42 Ocean Pines PROGRESS April 2022

OPINION

Scandalous opposition to Stuart Lakernick

he latest insult hurled at Dr. Stuart Lakernick and his aspirations to serve Ocean Pines as a member of an advisory committee has reached a new level of scandal and impropriety. His offense: Seeking membership on the Strategic Planning Advisory Committee, twice now, and more recently membership on the candidate Search Committee, deliciously ironic because Lakernick might himself be running for the Board of Directors this summer. He really should, using the board majority’s inappropriate targeting of him as campaign fodder. He must have had a foreshadowing that his application to the Search Committee would be treated the same way his futile attempts to gain membership on the strategic plan committee: with utter contempt and disrespect by a board majority. Here’s what OPA President Colette Horn scribbled on his application to the search committee, reproduced elsewhere on this page” “I do not endorse this applicant as having the skills and attitudes that inspire confidence in the quality or advice to be given and work on the committee.” What this actually means is impossible to glean. It would be interesting to hear Dr. Horn embellish on this. What skills are needed to beat the bushes for candidates, other than the ability to pick up the phone or walk the neighborhood or draft an email while employing modern English? What attitude is needed other than a willingness to perform? She contradicted the committee chair, Tom Piatti, who said essentially that Lakernick has what it takes to serve on this particular committee, with its short shelf-life of eight weeks or so. It’s a committee with barely a purpose, as most board candidates in Ocean Pines over the years have managed to surface without the encouragement

Commentary

LIFE IN THE PINES An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community By TOM STAUSS/Publisher

and hand-holding services offered by the Search Committee. Horn’s flippant dismissal of Lakernick’s inherent qualification to serve politicizes and weaponizes what should be a routine if not trifling appointment to an advisory committee.

From Page 41 ciations such as Columbia as examples of communities that manage their affairs without the guidance of voluminous by-laws. He suggests that the OPA consult these more streamlined by-laws and learn from them. If the board as seems likely resists this suggestion, Trendic is advising those who follow his ad-

Clearly Ms. Horn is trying to marginalize and discourage Lakernick’s possible candidacy to the board this summer. And why might that be? It has to do with who controls the board, now held by a faction that includes Horn, Frank Daly, Larry

vice to vote against all the proposed changes. Farr and Parks agree that the process should be slowed down, but they have stopped short of recommending no votes on all the proposed amendments. They seem to favor some or even most of them. They’re on the same page, though, in their belief that the rush to judgment will result in many property owners voting no across the board. Three other former OPA directors are in the

Perrone and Josette Wheatley, who rivals the former director Frank Brown for her fidelity to those who made her appointment possible. With Rick Farr and Doug Parks forming a minority bloc on the board and three seats on the board to be filled this summer, it’s possible that Farr and Parks will have two or three allies elected to the board. That in turn could turn Horn’s faction into a minority bloc after the election. Tom Janasek is planning a comeback bid for the board this summer. Lakernick’s third attempt to gain a board seat could be the charm, especially given the board majority’s ill-conceived proclivity for beating up on him. The more intelligent move would have been to facilitate an appointment, removing a possible campaign issue from Lakernick’s quiver this summer should he decide to run. Horn is the last person who should be castings aspersions on someone’s willingness and ability to serve Ocean Pines. While she deserves some credit for presiding over board meetings in a professional manner, her ability to handle routine ministerial chores like conducting votes and then counting and reporting on results leaves something to be desired. Most recently, she mishandled an email vote on some 11th hour changes to the proposed by-law amendments about to be sent out to property owners in a referendum. Email votes on issues are allowed under the rules if all seven directors agree to conduct business that way. So far, so good, as all seven directors agreed to consider the merits of the proposed changes via email. But then for some reason that defies easy explanation, she managed not to conduct the actual vote. According to Director Rick Farr, he was never given an opportunity to vote via e-mail on the merits, and u

Trendic “just Vote No” camp, as is Joe Reynolds, administrator of the oceanpinesforum.org site. The board majority can heed these voices, or not. Proceeding with a vote in April as is the current plan, even though there are indications that the timeline is slipping, risks bringing the entire enterprise crashing down. If this is what happens, the board majority will have only itself to blame. -- Tom Stauss

April 2022 Ocean Pines PROGRESS 43

OPINION that presumably means other directors didn’t receive the email invitation to vote, either. And yet sometime after the nonvote on the proposed changes, Horn issued a statement declaring that they had been unanimously approved, wrong on two counts. One, no vote had occurred, and, two, Farr opposed them. A 6-1 vote is not unanimous in most universes. How is a mistake like this even possible? Horn in an email to oceanpinesforum.com administrator Joe Reynolds said she had made a “mistake” in reporting the results as she had. No apology, and no corrected statement on the OPA Website or Facebook page. The proposed amendments to the amendments were placed on the agenda for the March 23 for open discussion and disposition by the board. After the board’s February meeting, Horn misreported the 2-3 board vote rejecting Lakernick’s application to the strategic planning committee. In a statement issued a few days after the meeting, picked up by some of the local weeklies, she said that the vote tally was 3-4 against. It wasn’t, as Horn had to have known, because she, along with Amy Peck, didn’t vote on Lakernick’s application. Should something like these two incidents happen again, it would demonstrate a pattern of conducting business that can’t be cast off as a simple mistakes. Whatever the case, Horn is no position to place herself on a pedestal above that of Stu Lakernick. She was in no hurry to correct the record, reportedly telling Reynolds of oceanpinesforum.com that it was “old news.” Not that old, actually. *** A paragraph in a commentary that appeared in the March Progress said that “one director reportedly prospected for business from the local fire department in the pending project to renovate and expand the Southside fire Station. “Sure, nothing untoward happened in the end, but only because wiser heads intervened. This sort of thing should never happen.” In a recent email to the Progress, Horn advised that according to fire department officials, what was suggested above did not happen. She asked for a retraction and an apology “for disparaging an un-

GUEST COMMENTARY My referendum vote will be No on proposed by-laws changes

hile observing numerous debates sparked by the proposed revisions to the OPA by-laws, I thought of that epic western movie: “The Good, the Bad and the Ugly.” I felt the proposed changes had all three of these flavors. By-laws are an important legal document that needs occasional updating often caused by changes in the federal, state or local laws. We also know that OPA lost two major lawsuits recently and during that time our by-laws were heavily scrutinized. So a reasonable conclusion is that our very long and comprehensive 28-page document should undergo a major review. Unfortunately, I wonder if the proposed changes will produce the desirable results or make some matters more complex. Therefore, my recommendation to the Board of Directors was to postpone the planned referendum mailing and dedicate more time to this important undertaking. The board should choose an approach that will streamline OPA’s 28-page bylaws to fewer pages making them easier to understand and to enforce. To illustrate this point, consider these three examples. Columbia Association, the largest HOA in Maryland with over 100,000 residents, has A by-laws document that is only ten pages long. Montgomery Village, the second largest HOA in Maryland, has an 18-page document. Finally, the bylaws of Heritage Harbour community in Annapolis are only 12 pages. Our board can easily streamline the OPA document by moving cer-

tain language from the by-laws to appropriate resolutions. Also, some issues and matters may be better covered in a policy manual or as operational rules instead of being in the by-laws document. In summary, if the board chooses to submit all these proposed changes to the membership for consideration, I will simply vote No on all of them. *** The handling of Stuart Lakernick’s application for the Search Committee didn’t follow OPA Resolution C-01, Committee General Policy. The fact that his name appeared on the Board of Directors’ March 23 agenda under appointments clearly indicated this was a business topic for the board to address at that meeting. The board should have formally voted on his application. Director Doug Parks correctly questioned why Stuart’s appointment was declined since he met the required qualification. In Resolution C-01, paragraph 4, Committee Assignments, Terms, and Miscellaneous Procedures, the relevant sentence is in bold and it clearly only requires A recommendation by the committee chairperson. The president is not mentioned. Specifically 4.e. Filling Vacancies states: Should any vacancy exist, the chairperson of the committee will request the letter and application from the Ocean Pines Administration office of all those who are interested in serving on that particular committee. The chairperson will interview the prospective candidate(s) and

named director” and for involving the OPVFD in a published assertion that has no basis in fact. A fire department official also commented, contending that the incident never occurred. His identity is being withheld here as a way of not enmeshing him overtly in board politics. So did it happen? One not-for-attribution source has informed the Progress that it did, but with two on-the-record sources indicating otherwise, it certainly is possible that it didn’t. Perhaps “wiser heads” didn’t intervene.

It’s possible that some sort of incident occurred that was misconstrued by somebody as an effort to drum up business, when it could have been an effort to offer services free of charge. As it stands now, two sources say it didn’t happen and one says it did. Weight has to be given to those who are willing for attribution to state categorically that something reported didn’t happen. Perhaps more details of this alleged incident will unfold in the weeks and months ahead. To be sure, if it does, it’s going to be political.

submit the letters and application with recommendations to the board. The board will review the applications recommended for appointment to a committee by the committee chairperson and vote either to accept or reject the candidate for a position on the committee. The same Resolution C-01, 4.b., Qualifications for Committee Membership, only lists one and it states: Members shall be eligible to vote. Clearly Stuart meets the required qualification per the subject resolution. OPA By-laws, Section 6.06, Duties, states that one of the president’s duties shall include “ensuring orders and resolutions of the board are carried out.” The board had the opportunity to bring the Search Committee in compliance with the by-laws (five members minimum) by appointing Stuart but decided instead not to vote on his nomination. It appears that in the case of Stuart’s application the procedure spelled out in the Resolution C-01 was not followed. I urge the board to re-address his application correctly at the next meeting and to vote in favor of his appointment. He certainly has my vote. Slobodan Trendic Ocean Pines

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

44 Ocean Pines PROGRESS April 2022

Captain’s Cove Veteran’s Group Introduces

FLAGS FOR HEROES 2022 Veterans Memorial at the Town Center Captain’s Cove Armed Forces Day, May 15th, through Independence Day, July 4th Flags for Heroes is a tribute to the people who have supported and inspired us. Each flag honors a person who has made a difference in someone’s life. Honor your personal heroes - a member of the military, first responded, teacher, community leader, anyone who has been a hero in your life. Sponsor a Flag for $50. Each flag will be identified by a medallion with your name and the name of your hero. Your entire $50 donation will be applied to the Captain’s Cove Veterans Memorial Project.

SPONSORSHIP FORM To help assure accuracy, please only ONE HERO per form

Name of Hero _____________________________________________________ Sponsor ___________________________________________________________ Address ____________________________________________________________ Phone ______________________ Email address _______________________ Make your check payable to Captain’s Cove Golf and Yacht Club. Please write “Flags for Heroes Veteran’s Project” on the memo line. One check may be written for multiple sponsorships at $50 each. Mail to: Captain’s Cove Golf and Yacht Club c/o Colby Phillips 3323 Dock Court, Greenbackville, VA. 23356 For more details email: cphillips@captscove.com

The above medallion will be hanging from each flag at the Veterans Memorial with information about the hero and sponsor.

April 2022 Ocean Pines PROGRESS 45

CAPTAIN’S COVE

CURRENTS

Colby Phillips ‘rehired’ as senior general manager Celebrates one year as the community’s senior executive

By TOM STAUSS Publisher olby Phillips’ first day on the job as Captain’s Cove Senior General Manager was March 15 of last year. In an odd twist of events, she was effectively rehired in the same position on March 9 of this year, by the same board of directors that hired her a year ago. In recent months -- the precise date is uncertain -she acquired the additional title of community manager under the Troon Golf organization, the Cove’s outside management company since Oct. 1 of last year. She resigned from her Troon position on March 9, the first Cove executive to do so. She was promptly rehired by the board as Captain’s Cove’s senior general manager, a titled she never had officially relinquished, There was no transition period, no change in her job description, no change at all in her day-to-day routine. She continues to oversee the day-to-day operations of Captain’s Cove, continues to meet with the “team,” the group of department heads upon whom she relies. Her resignation and prompt rehiring was a strong indication that the relationship between Captain’s Cove and the Troon organization is on the skids, probably irreparable. She’s heading up what Cove association president Tim Hearn calls a risk management team. It’s essentially a working group tasked with transitioning the Cove from a outside management structure back to inhouse, with an on-site controller part of the mix. Cove food and beverage operations will be shifted uin-house, with current personnel retained. With the management structure in a period of transition, it might be assumed that this represents the most difficult challenge of her first year as senior general manger. Not so. In a recent interview in which she reflected on the one-year anniversary, she identified short-term rentals as the single-most difficult issue for her personally. She serves on a “tribunal” of senior department heads that deals with infractions of community rules governing short-rentals, and other enforcement issues. With some in the community calling for an outright ban on short-term rentals in Captain’s Cove, she came down in favor of a less draconian approach -- beefed up

regulation and monitoring of short-term rentals but no prohibition. “I can see both sides,” she said. “I like to make everyone happy. I’m a people pleaser.” That personality trait pushed up against the reality that in this particular issue; not everyone was going to be happy with the outcome. In her role as senior general manager, “I’ve been able to step out and look at both sides objectively, to make the best and smartest decisions possible,” she said. “I’m getting better at it, stronger in advocating a position.” She is a very appreciative of the board of directors for supporting her decision-making. “It makes a huge difference that this board has been so supportive,” she said. In her one year in Captain’s Cove, building relationships has been job one -- with the board that hired her, inherited department heads and the Captain’s Cove community. “That was my objective when [Cove President} Tim {Hearn} and the board hired me,” he said. “And of course building relationships with county officials. Without that, so much of what we as a team were able to accomplish would not have happened.” While the limelight comes with her position, she is well aware that it’s department heads who execute. “I love working with the team,” she said. “It’s a group that really cares what they do. They’re happy they are working for Captain’s Cove, and they’re really good and what they do.” Reflecting on the eight years she spent in Ocean Pines in various executive positions, she said any success she’s had as senior general manager in Captain’s Cove was built on the experiences she had in Ocean Pines, some negative, but mostly positive. “It prepared me for this,” she said, singling out Public Works Director Eddie Wells and his chief deputy, Nobie Violente, for teaching her so much about the nuts and bolts of managing community assets. “The difference here is that the board of directors makes me feel safe in making operational decisions, that the team will be supported,” she said. “They want me and the team to develop, to succeed. There’s no holding us back, there’s no fear of accomplishment. There are no stupid questions.” The positive highlights of this past year, in addition To Page 47

“I’ve been able to step out and look at both sides objectively, to make the best and smartest decisions possible ... “I’m getting better at it, stronger in advocating a position ... “It makes a huge difference that this board has been so supportive.” COLBY PHILLIPS Senior General Manager

46 Ocean Pines PROGRESS April 2022

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The Pearl, Elevation B. 4BR, 2.5 BA, 1,680 sq. ft. Colonial. Open floor plan. Large open great room, spacious kitchen w/Center Island, breakfast area and a 2-car garage. Upstairs owner’s suite with master bath.

815 Castaway Drive • $280,990

UNDER CONTRACT The Pearl, Elevation C. 4BR, 2.5 BA, 1,680 sq. ft. Colonial. Open floor plan. Large open great room, spacious kitchen w/granite counter tops and Center Island, breakfast area and a 2-car garage. Upstairs owner’s suite with master bath.

11 Brigantine Blvd. • $301,990

856 Scimitar Way • $309,990

1352 Blackbeard Rd. • $436,990

The Bradford, Elevation C. 3BR, 2 BA, 1,500 sq. ft.. Airy great room. Galley kitchen w/granite counter tops. Owner’s suite with walk-in closet and private bath. Conditioned crawl space. 2-car garage.

The Sussex, Elevation B. 3BR, 2 BA, 1795 sq ft., 2-car garage. Open floor plan with an airy great room. Kitchen with granite counter tops, 42” cabinets, 9’ Ceilings, Fireplace.

The Inlet ll, Elevation A. Piling home. Bay views, 4BR/3BA, 1,750 sq ft. First level owners suite, 2 BRs, laundry area, 21x10 open deck. Second level great room, open kitchen with center island, large pantry and a 4th BR and full BA.

Prices are subject to change without notice and photos may show upgraded features

CINDY WELSH - REALTOR Hall Realty

4243 Captain’s Corridor Greenbackville, VA. 23356 302-381-6910 (cell) 757-854-1604 (office) 757-854-1606 (fax)

CAPTAIN’S COVE CURRENTS Colby Phillips

From Page 45 to implementing beefed-up regulations on shortterm rentals, including securing 24-7 ambulance service for Captain’s Cove, a slow-moving process of hiring and training that could result in achieving the objective by October of this year. “It was huge team effort,” she said, “working with [Board of Supervisors President Ron Wolff] and C. Ray Pruitt {the county’s director of emergency services.” Another development for the community is the arrival of high speed Internet, with the initial phase the laying of fiber optic cable and the availability of broadband service along Captain’s Cove. The build-out on side streets will be beginning shortly. “The digital technology committee, working with Eastern Shore of Virginia Broadband Authority, is about ready to announce the next phases of broadband roll-out,” she said. “This is huge for Captain’s Cove.” She’s also proud of the expansion of programs and classes available to Cove residents this past year, with much of it occurring in the area of Aquatics, in which she developed expertise during her years in Ocean Pines. “And the committees are very involved in everything we do,” she said, also giving a shout-out to community residents who volunteer to serve on working groups who advise staff on topics ranging from short-term rentals to plans to redevelop the Town Center. “It was so hard to leave Ocean Pines, but when you arrive in a community with such a fabulous team, and residents committed to making their community better, it has made everything so much easier,” she said. “I love coming to work.” The building block of developing relationships has paid off. The one relationship that didn’t click -- working with and for Troon -- put her management skills to the test. The transition to Troon was official this past October. Having acquired the former Indigo and Billy Casper Golf organization early last year, Troon was supposed to offer additional management support to the on-site staff while taking over back-office financial operations. It never quite happened, she said, with signs of difficulties showing up soon after Oct. 1. From the board’s point of view, the problem was evident when financial statements were not prepared in a timely fashion. To the staff, it was evident when certain key functions, like paying bills in a timely fashion, were falling behind schedule. The transition to in-house management is already well under way, with Phillips again suggesting that it will be a team effort to keep Captain’s Cove operating efficiently. She said that Office Administrator Dana Massey is working with the Cove’s former bookkeeping company, L&H, to reestablish financial management in-house. “We’ve hired a controller that will be able to do for us what L&H used to do,” she said. Other shifts in management including giving Head of Security John Costello more operational

April 2022 Ocean Pines PROGRESS 47

Shift to in-house management near completion

Hearn says Troon performance hasn’t improved By TOM STAUSS Publisher aptain’s Cove association President Tim Hearn says problems with outside management company Troon Golf are continuing, and as a result steps are being taken to shift to an all in-house management structure. In fact, a new structure including giving new responsibilities to current department managers is in place, along with an important new hire. Joining the Cove management team is a new controller, Sara Shifflett, who will handle preparation of monthly financial statements. Hearn announced that Head of Security John Costello will be given more operational authority over major capital expenditure projects -- CapX it’s called in Captain’s Cove -- and Maintenance Manager Jimmy Giddings will oversee the new golf course superintendent when he’s on board. Andy Leach recently resigned his position in Captain’s Cove for family reasons unrelated to the transition away from Troon. All food and beverage managers will remain in their current positions as the Cove shifts to in-house management. Continuing on is Jeff Landry, food and beverage manager; Julia Knopf, sales manager; and Riki Smith, manager of the Town Center Grille. Senior General Manager Colby Phillips said that after consideration, a decision has been made not to hire an outside food and beverage management company to oversee the current staff. Hearn said that General Manager Justin Wilder will oversee the sending out of twice-yearly invoices for member dues along

authority over major capital expenditure projects -- CapX it’s called in Captain’s Cove -- and Maintenance Manager Jimmy Giddings will oversee the new golf course superintendent when he’s on board. Andy Leach recently resigned his position in Captain’s Cove for family reasons unrelated to the transition away from Troon, Phillips said. All food and beverage managers will remain in their current positions as the Cove shifts to inhouse management.

with related receivables, while Office Admiistrator Dana Massey will handle payables. Senior General Manager Colby Phillips said that the new controller will work remotely unless “there is an on-site need.” Hearn also announced that golf course starters and marshals will be reporting to Costello, with details to be worked out with the Golf Committee. Hearn said that it’s possible that, perhaps in the 2022-23 budget year, the golf course will once again become a “free” amenity to members of the Cove property owners association. But it’s at least possible that the elimination of the $15 fee that Cove golfers now pay to play the Cove’s golf course will happen sooner than that. Hearn said the issue will be discussed with the golf committee. In opening remarks, he reminded Cove members that at the Board of Directors meeting in February, he said that “if the situation [with Troon] didn’t improve, we’d need to be taking steps” to deal with it. He said that the Cove association has “effectively” moved on from Troon. Later, he said that Troon’s influence on Cove affairs will disappear in coming weeks and months, adding that “we’re still struggling” to obtain monthly financial statements dating back to October of last year. “We’ll be doing a mid-year audit,” he said, with the Cove’s auditors, TGM of Salisbury, handling that chore. Hearn said that “more control” over Cove affairs will shift to “Colby’s lap” as well as more responsbility to Wilder, Giddings and Costello. “It’s been a long-time that everything will be brought in-house,” he said, adding that “we’re u

Resigning her position as a Troon community manager didn’t change her day-to-day activities at all, other than she could no longer access Troon software. But the Cove’s adoption of new management software and roll-out of a new interactive Website made that adjustment an easy one, she said. With a year of experience behind her, she is expecting a lot to be accomplished in 2002, with progress on Town Center redevelopment high on the list.

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CAPTAIN’S COVE CURRENTS

Planning Commission recommends townhouse project approval

Management shift

From Page 47 fortunate to have Jeff and Julia” continuing on in food and beverage. Phillips said that there were ten applications for the key golf course superintendent position, six interviews offered, five interviews conducted, and two candidates that “stood out” in the interviews. “We’ve narrowed it down to two,” she said. Town Center redevelopment -- Phillips said that the new town center building has entered the “design phase” and the cart barn vendor is working on obtaining “electric information.” Marina Club roof -- Costello said that a roofing engineering company from Arlington, Va.., confirmed that the Marina Club will need “total replacement” over the indoor pool and mechanical room because of previously disclosed moisture issues. New insulation will be required, and three different types of roofing materials will have to be installed. There is some good news” ceiling tiles won’t need to be replaced, and most of the existing shingles on the roof will be retained. “I won’t even guess” what the cost will be, he said, but the impression given is that it will be well into the six figures. “We’ll be sending out bid {solicitations)” shortly, he added. Phillips said the most likely scenario is that the roof project will be completed this summer, when outdoor pools are available for use. Pool furniture -- Phillips said that a decision has been made to return to vinyl lounge chairs at the pools this summer, and that 48 of them have already arrived. There are 24 new pool tables on order. STEM Center fund-raising -Phillips announced that more than 100 people attended a recent event at the Marina Club to raise money for county STEM facilities for elementary and middle school grades. A campaign to raise money through the Cal Ripken Sr. Foundation is under way, with more than $200,000 already raised for seven STEM centers in Accomack County. Flags for Heroes -- Phillips announced a campaign to raise funds for a Flags for Heroes project, with contributions due May 15. Proceeds will go toward the Veterans Memorial project. Flags honoring heroes will be on display from May 15 through the Fourth of July, she said. About $20,000 out of a goal of

Board of Supervisors expected to make decision in May following public hearing By TOM STAUSS Publisher he Accomack County Planning Commission in a 6-3 vote March 9 voted to recommend approval of the proposed 142-unit Mariner townhouse project on State Lane Road adjacent to the back entrance into Captain’s Cove. The recommendation includes support for rezoning of a 24.41acre parcel to a village overlay zone and numerous conditional use permits. The recommendation goes to the Board of Supervisors for action, expected in May after a public hearing, similar to those already conducted by the planning commission. During those hearings, with the initial one held Jan. 12 and continued to Feb. 9, opponents deployed in full force to urge the planning commission to reject the project. At the March 9 meeting, there was no public expressions of opposition to the project, though there’s no doubt it continues to fester among a substantial portion of Cove residents.

$100,000 has been raised so far. Office relocation -- Phillips announced that Costello and Wilder will be moving their offices over to the Marina Club’s fitness room, in order for most of the management team to be working together in the same building. Fitness equipment and classes will in turn be relocated to the community building in the town center. Member forum -- Wilder disclosed that there’s been a slight delay in completing the Member Forum module for the Cove Website

“I’ve been at this [development] for awhile now, and there’s always going to be opposition,” CCG Note investor Tim Hearn said. In this case opposition is more intense than normal because “it’s us,” he said, referring to his partners in CCG Note who also are members of the board of the Captain’s Cove property owners association. The developer has effectively controlled the Captain’s Cove association for ten years, with resentment of that fact occasionally surfacing at community meetings. The planning commission’s recommendation comes with conditions, namely that CCG Note, the townhome project developer requesting the rezoning and conditional use permits, follows through on a whole host of proffers to the county. The newest proffer, according to Hearn, is that the developer convert the planned exterior design of the townhouses from so-called Coastal Architecture to a more traditional Eastern Shore style. To Page 50

because of the software developer’s recent illness. He said the module is being developed outside the AppFolio software. “We’ll own it,” he said, adding that once the member goes on-line, it will be a valuable resource for communicating with the membership. Bulkhead survey -- Wilder said the previously announced survey of all the bulkheading in the Cove will be conducted in April, for the purpose of identifying bulkheading that is need of repair or replacement. Once complete, notices will be

sent out to property owners with issues that will need to be addressed. Bulkhead maintenance in Captain’s Cove is the responsibility of property owners. Pickleball striping -- Phillips presented a drawing showing pickleball court striping on one of the Town Center’s tennis courts. When one resident said the striping would make it difficult for a tennis player to use the court, Phillips said the courts don’t get much use for tennis and that striping for pickleball might encourage more use.

Captain’s Cove is in the process of striping tennis courts at the Town Center into pickleball courts, to serve a fast-growing sport. Senior General Manager Colby Phillips said it will still be possible to use the courts for tennis, but the management team is expecting that usage ofthe courts will increase with pickleball players.

CAPTAIN’S COVE CURRENTS

April 2022 Ocean Pines PROGRESS 49

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CAPTAIN’S COVE CURRENTS

STEM ribbon-cutting

Several Accomack and Northampton school representatives along with the Superintendent of schools, the Cal Ripken Foundation President and CEO, several staff and guests, attended the recent ribbon-cutting on behalf of the STEM program in local schools. Pictured at left is Cove Senior General Manager Colby Phillips, John Custis, David Landsberger and Robert Smith. Seven schools are now up and running thanks to the work of The Cal Ripken Sr. Foundation. Anyone who would like to support this initiative should visit the program’s Website at https://www.accomackstem.com.

Mariner project

From Page 49 “I’m not sure why the county asked this of us, but we agreed,” Hearn said. He released a copy of the new design to the Cove Currents for publication. A previous announced proffer would provide $430,000 to the Greenbackville Volunteer Fire Department for a new ambulance and fire station to be located on 1.5 acres on Fleming Road and Flying Dutchman Drive in Captain’s Cove Sec-

tion 13. The donation would be paid out by the developer in the amount of $1,038.65 for every lot sold in Sections 12 and 13 and in the townhouse project. Units in the townhome projects are currently planned for longer-term rentals to rotating personnel at the NASA flight facility on Wallop’s Island and associated businesses. But the developer has reserved the option of selling individual units if for some reason there is insuffi-

cient demand for rental units. If the project remains as a rental complex for seven years after the supervisors would approve the village overlay zone, the developer would make a lump sum payment to the fire department for the difference between revenue generated by lot sales in Section 12 and 13 and the promised $430,000. Others proffers by the developer include: • a commitment that the commercial component of the project would consist of businesses intended to

serve residents, including retail and child care businesses. Conditional use permits would be required for each proposed business use prior to the issuance of a building permit. • a commitment that the townhomes would not be converted for use as short-term rentals so long as CCG Note owns them. • a commitment to donate $10,000 to the Cal Ripken Sr. Foundation for Accomack County’s STEM project in county schools.

CAPTAIN’S COVE CURRENTS

April 2022 Ocean Pines PROGRESS 51

Captain’s Cove Community Bulletin Board

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52 Ocean Pines PROGRESS April 2022

CAPTAIN’S COVE CURRENTS

Cove association targets homes for violations of short-term rental regs Managers deal with ‘Let’s Go Brandon’ flag, house with 40 feral cats fines of $10 per day for each violation, for up to 90 days. A factor in the levying of fines as these owners have not responded to emails by Cove General Manager Justin Wilder seeking redress of the alleged violations. Two homeowners were given more time to cure the alleged violation, one on the recommendation of Cove association President Tim Hearn. The owner was present during the March 21 hearing and seemed to be unaware of the regulations adopted last year by the board, but expressed willingness to comply.

By TOM STAUSS Publisher our Captain’s Cove homes were brought up on alleged violations of community regulations governing short-term rentals during the monthly managers’ meeting March 21. Two were determined by the management team to be violation, with owners failing to obtain county business licenses for short-term rentals and for not identifying a property management company or agent in proximity to Captain’s Cove. Owners of these properties are subject to

Another was canceled because the “owner reached out,” Wilder said. Chief of Security John Costello said that records show Captain’s Cove “is down to 26 short-term rentals” that are registered, with more likely to be added from the meeting on March 21. “We’re at 90 percent compliance (with regulations),” he said. Other compliance issues brought before the Cove enforcement tribunal -- a group that includes Senior General Manager Colby Phillips, Maintenance Manager Jimmy Giddings and Costello, with Wilder

presenting alleged violations -- included an allegation that a “Let’s Go Brandon” flag was on display on the front porch. “Brandon” is a veiled, unflattering reference to U.S. President Joe Biden. The flag was deemed by the tribunal to be a political sign and larger than six square feet. Political signs can only be posted 60 days before an election and removed two days after, with the consent of the Environmental Control Committee. The owner of the home that had the “Let’s Go Brandon” sign hanging from his front porch contended that the flag was not political, that Biden is not on any ballot in 2022, and that the flag is a NASCAR emblem named after a race car driver. Cove association President Tim Hearn said that if the flag was not political in nature, it would still have been in violation because Cove rules only allow for political signs under certain conditions. He also that the NASCAR organization has disavowed the slogan as in any way To Page 54

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Captain’s Cove Community Bulletin Board The ACL is sponsoring a SPRING CRAFT CLASS Thursday, April 7 1-3 p.m. & 6:30--8:30 p.m. Town Center Community Room Participants will be making two crafts A Cute as a Button Easter Eg & a Washcloth Bunny Free of charge Please sign up by Friday, April 1 at the Marina Club Reception Desk

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CAPTAIN’S COVE CURRENTS

Wolff ‘disinvites’ Cove residents to April supervisors’ meeting Says proposed townhouse project will be the subject of a public hearing in May, when public comment will be welcome By TOM STAUSS Publisher ccomack County Board of Supervisors President Ron Wolff told Captain’s Cove residents in a March 21 constituents meetings that if they were planning to attend the April supervisors’ meeting to protest the proposed Mariner townhome development, they needn’t bother. That’s because the board of supervisors won’t be considering the issue during the meeting other than to vote on a “consent agenda” item setting up a public hearing in May on the proposed townhome. He encouraged residents to attend the public hearing to be conducted by the supervisors. A similar hearing was conducted by the county’s Planning Commissioners, which vote 6-3 to recommend approval of the proposed development. Wolff told his Captain’s Cove constituents that the planning commission recommendation came with 13 proffers, or conditions. If any of these conditions are not met by the developer, “the project is dead,” Wolff said. One proffer is that the entrances into the proposed townhome development must be approved by the county attorney, and another proffer is that water and sewer services to be provided by Aqua Virginia “must be met,” Wolff said. A third proffer pertains to a proposed ambulance building on developer-owned property on Fleming Road and Flying Dutchman Drive in Section 13. Wolff said it was his idea to suggest to the Greenbackville Volunteer Fire Department that it seek developer financial assistance and a donation of land for the future ambulance building, which could expand into a new fire station for the Greenbackville company. Wolff said he’s heard for years from Cove residents that they would like an ambulance to be located within Captain’s Cove.

Enforcement

From Page 52 associated with it for promotional purposes. If the flag, which was relocated to the back porch, remains up after April 1, a fine of $10 per day will be levied. The panel also dealt with situation in which about 40 feral cats have been identified as living outside a home on Brigantine Drive. Wilder said the owners have been feeding the cats and that cat shel-

CCG Note partner Tim Hearn, who’s also the president of the Cove property owners association, said the developer owns ten lots along Fleming Road and has the authority to transfer about one a half acre of land or two building lots to the fire department. Wolff said locating an ambulance building on land in the center of Captain’s Cove would not be a good fit because of speed limits and speed bumps, which would slow down ambulances and fire trucks trying to exit Captain’s Cove to respond to an emergency. The Fleming Road site was identified as the best option because the Greenbackville department’s territory extends outside of Captain’s Cove. He noted as he has previously that five fire departments in the county had requested 24-7 emergency services funding in the 2022-23 county budget of about $60 million. The supervisors have not funded these requests because it would cost the county $2.5 million in outlays the first year, with costs to rise in subsequent years. In other disclosures during the meeting, Wollf said that: • the supervisors are proposing a one cent reduction in the property tax rate from 61 cents to 60 cents per $100 of assessed valuation. This reduction reflects the fact that property assessments in the county have increased by an average of nine percent in two years time, 30 percent for Captain’s Cove. Without a rate reduction, the county would be extracting more in taxes from property owners than is justified, Wolff said. • depending on action from the Virginia General Assembly, it’s possible that the county’s personal property tax rate will be reduced, reflecting the impact of inflationary pressures on personal assets. • the Eastern Shore of Virginia Broadband Authority’s administrator still has not signed

ters have been built outside the home. A blue tarp has been hung up on the back porch blocking view inside the porch, he added. Hearn said that Accomack County Animal Control has been contacted to assist in the removal of the cats, as has the Northern Accomack County Cat Coalition. The later removes cats, neuters them, and then relocates them to the same area where they had been found. With 40 or so cats in proximity to the home, Wilder and the rest of the

Board of Supervisors President Ron Wolff

contract documents needed before VATI (Virginia Telecommunications Initiatve) grants can be disbursed. Wolff said the signing is imminent, and soon after contractors will be deployed to install fiber optic cable along Captain’s Cove side streets. • the county will be imposing a county-wide meal tax to raise about $200,000 next year, not enough to offset a $1.5 million revenue loss from a new las passed by the General Assembly eliminating the state’s grocery tax. • the county has received $487,000 in federal money to finance improvements at the Greenbackville harbor, which will also entail a local contribution of $163,500. “Things could start pretty quickly.” Wolff said. • with the help of Virginia’s two U.S. senators, Accomack and Northampton counties will be receiving $2.5 million for the rails to trails program, to fund an initial phase of trail conversion from Cape Charles out to Route 13. He said the counties anticipate receiving additional funding to complete the conversion of 39mile length of railroad right-of-way to walking and bike trails. • with the help of Congresswoman Elaine Luria, the two Eastern Shore counties will be receiving $8.96 million in federal funding to rebuild the counties” 911 system. The funding will also improve connectivity among sheriff departments and municipal police departments. Because of rising equipment costs, county government will have to contribute funding, he said.

management team are not keen on having that many feral cats back in the neighborhood. The homeowners will be fined $10 per day if the feeding, housing and tarp continues. The tribunal also considered the case of a homeowner’s tenant riding an ATV on Captain’s Cove street contrary to regulations. There have been at least two such incidents. The homeowner will be fined $50 per incident. The final case involved a home in which the height in higher than

approved by several feet. A variance of three week could be obtained as a way of partially dealing with the issue, but the association wants the owner, who was represented at the meeting by an attorney, to submit engineering plans to scale back the height consistent with obtaining a variance. This case was continued to a date to be determined because of the attorney’s presence, which will probably be matched by the presence of the Cove association’s attorney when the hearing is rescheduled.

April 2022 Ocean Pines PROGRESS 55

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