August early september ocean pines progress

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410-641-6029

August-Early September 2014

Vol. 10, No.5

www.issuu.com/oceanpinesprogress Board of Directors awards Thompson $12,000 bonus It was an early Christmas present for Ocean Pines Association General Manager Bob Thompson, as the Board of Directors in a 5-2 vote awarded him a $12,000 bonus for work performed in the fiscal year that ended this past April 30. The gift-wrapping occurred in closed session following a special meeting of the board July 29, called to conduct a review of the general manager’s job performance. ~ Page 7

THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY COVER STORY

Appeals court restores county commissioners’ medical campus rezoning

Racquet sports project is back on track, sort of Although no plans to do anything have officially been approved, or even presented yet, the Ocean Pines Association’s Board of Directors spent hours mired in meetings in July trying to sort out who supports building which types of new racquet sports courts at the Manklin Meadows Recreation Complex. Initially, it seemed like members of the tennis, platform tennis and pickleball clubs were all in agreement regarding the addition of courts at the complex. ~ Page 10

OPA attorney offers to “test” junk vehicle cases in court The only way to ultimately determine which junk vehicle cases will stand up in court is to file for an injunction against property owners who the Ocean Pines Association has found to be in violation of its guidelines and restrictions and see if a judge agrees. OPA Attorney Joe Moore during a July 29 meeting said that once the Compliance, Permits and Inspections Department has cited property owners for having a junk vehicle or other violation on their lost and the owners have not remedied the situation, he will take legal action. ~ Page 24

By TOM STAUSS Publisher ixteen months after a visiting circuit court judge voided a 2012 rezoning decision by the Worcester County Commissioners that could accommodate a proposal by local developer Jack Burbage to build an Atlantic General Hospital-affiliated medical campus on Route 589, Burbage has achieved a significant if not stunning victory delivered by a three-member panel of the Maryland Court of Special Appeals. In a decision filed July 22, appeals court judges Robert A. Zarnock, Timothy E. Meredith and James R. Eyler reversed a decision by visiting judge Raymond Beck in late March of 2013 that overruled the commissioners’ 2012 decision rezoning Burbage’s 31-acre parcel just south of Ocean Pines from A-1 agricultural to C-2 commercial. The commercial rezoning would be a requirement should Burbage follow through on his vow to develop a medical campus on the site in association with AGH. Burbage is chairman of the hospital’s governing board of directors and a principal in Silver Fox LLC. Burbage could divest himself of one of his roles should it become necessary.

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The case, Silver Fox LLC, et al, versus Walter M. Stansell, et al, could have broader implications for rezoning along Route 589, where development, except Jack Burbage for expansion of the Casino at Ocean Downs, has largely been frozen in place awaiting the outcome of the Burbage appeal. The panel based its decision on a determination that the Route 589 neighborhood as defined in the case has undergone change, one of two factors routinely employed to justify rezoning requests. With an appeals court precedent in hand, other property owners along the highway could decide to test the rezoning waters in years to come. Stansell and his co-litigants have appeal rights they could pursue, including a request for the full 14-member court to consider the case or an appeal to Maryland’s highest court, the Court of Appeals. In both instances, judges have

the discretion to reject an appeal petition if one is submitted. The appellees would probably be advised by counsel to weigh the potential costs and the odds that an appeal to the high court would be successful. One possible deterrent to continued litigation: The panel’s 18-page decision declared that costs associated with the case were to be paid by the appellees, who include Stansell, a prominent Ocean City restaurateur, and his wife, Pam, former commissioner Jeanne Lynch and Ocean Pines residents Paul Bredehorst and Carole Schauer. Lynch is also a former member of the county’s planning commission. It was not immediately clear whether that ruling covers attorney fees incurred by Burbage and his co-litigants, but that issue could become the topic of further legal skirmishing in the future. The court of special appeals panel essentially said that the commissioners, when they approved Burbage’s rezoning request in September of 2012, did not act arbitrarily in doing so and that the decision was “fairly debatable and supported by substantial evidence” that had accumulated since a comprehensive reTo Page 27

Renaud, Stevens win OPA board seats See Page 3


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Five Stevens candidates Renaud, win competing for two OPA board seats OPA Board election Stevens, Renaud team up in drive to prevail over incumbents Knepper and Mohr

August - Early September 2014 Ocean Pines PROGRESS

Challengers shifts ... By TOM STAUSS upend incumbents, board majority The challengers

The incumbents ... Publisher TOM STAUSS he Ocean Pines Association’s poon By Publisher litical landscape is shaping up hallengers Pat Renaud and Dave Stes a classic match-up between invens won three-year terms to the Ocean ors cumbents versus challengers with five Pines Association’s Board of Directors in nse candidates in the race for two seats on results announced at the OPA annual iselection the Board of Directors this summer. We Specialize in Kitchens, Bathrooms, Sun Rooms, Aug. 9. ne-meeting The salient issue on which the election Renaud led the pack with 1,767 votes, s in Porches, Enclosures, New Additions and Roofs will be waged is the relationship of the by former Director Dave Stevens ng-followed board of directors to General Manager votes. Stevens, who served a year . Awith 1,738 Bob Thompson, with his recent salary Lawrence Lee Terri Mohr Pat Renaud president during a previous six-year Dave Stevens Jeff Knepper rizeas OPA increase to $165,000, plus incentives the board, is thought to be the presumptive favorite to become the OPA nststint on that could boost his compensation to when the board reorganizes later in August. uldpresident have the Remodel backing of Entire two influenAlso Houses and Condominiums more than $200,000 per year, serving as didates Slobodan Trendic and Dan Moul whoWe and Stevens, who ran as a team on adropped theme of reining in the general gu- Renaud out because of concerns the tial political groups, STOP (Stop Taxing a related subplot. manager and reasserting board primacy in OPA policy-making, defeated incumbent After the May filing deadline for this anti-incumbent vote would be diluted. Ocean Pines) and COPE (Coalition for Directors Jeff Knepper, with 1,392 votes, and Terri[See Mohr, with 1,323 votes. Lawrence Trendics’ statement of withdrawal Ocean Pines Equity), in their electoral summer’s contes, seven Ocean Pines Lee and his 456 votes placed fifth. in the Opinion section of this edition of bids. property owners had declared their The election outcome changes the political complexion of the board. OPA General STOP has been a force in Ocean Pines intentions to run for the two unpaid, the Progress.] Bob Thompson generally could count on four orcandidates five directors -- retiring Both then threw their politics off and on for many years, with p Manager three-year terms on the board available OPA President Tom Terry, Treasurer Bill Cordwell, Sharyn O’Hare and the two inthis year. But that was whittled down to support to former OPA Director Dave OPA Director Marty Clarke identified cumbents, Knepper and Mohr -- to support him Stevens and his initiatives. They were and challenger Pat the Renaud, To Page 21 five by the first week of June, when canwho engineered a new compensation package for Thompson last April and s directors more recently gave him a $12,000 bonus. mike@poolecontracting.com ing Opposing the compensation package and the bonus were Directors Marty Clarke mike@poolecontracting.com Kyle Hughes photo eatsand Jack Collins. Together with the two new directors, Clarke and Collins are exers,pected to form a new governing coalition. Together, they would have the votes to Bishopville, MD 21813 idstcontrol who becomes OPA president. Stevens said following the annual meeting that Bishopville, MD 21813 MHIC #104077 mostthere is no realistic chance that the new board would vote to roll back or renegotiate MHIC #104077 MHBR #6927 To Page 8 he grand opening of the new Yacht in ean Club was celebrated with a ribbon-cutonting and occasionally over-the-top maspeechifying r the afternoon of June 10, Join us on the lawn elate inafter mweeks ewa couple a soft opening of the for our umof S eat new, almost $5 million amenity on Memorial and Day weekend. A crowd of hundreds showed ing up for the event, held on the new Yacht on the her Club’s second floor with its grand view of the harbor and the Ocean City skyline in the dis6-9 pm tance. ~ Page 14

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OCEAN PINES

August - Early September 2014 Ocean Pines PROGRESS

5

OPA buys foreclosed property, rejects another

On June 27 the board voted to “enter into the fray” and purchased a property at a foreclosure sale. During a discussion of another property on July 9, the board opted not to do so “because we didn’t feel the equity justified the risk,” Clarke said. OPA President Tom Terry said the association is “taking the next step” and trying to collect money that is owed to it by property owners if there appears to be an opportunity to do so through the foreclosure process. General Manager Bob Thompson said the OPA is reviewing its list of properties that are delinquent in payment of annual assessments to determine if any of them are in the foreclosure process. For those that are, the OPA is then try-

OCEAN PINES BRIEFS ing to determine whether or not there is any value that can be reclaimed by purchasing a property. He said those properties are being evaluated on an individual basis. Thompson said the OPA has not yet settled on the property that it did buy at foreclosure.

Members appointed to clubs committee

Two new members were appointed to the OPA’s Clubs Advisory Committee during a July 23 meeting of the Board of Directors. With board concurrence, OPA President Tom Terry appointed Audrey Wahl and John Ferry to an additional term on that committee.

Pines ponders installing golf course lightning rods

With thieves stealing the copper lightning rods that were installed on “twin pines” on the Ocean Pines Association’s golf course a few years ago, the towering trees that flank the 14th hole have been without protection since then. Director Jack Collins, liaison to the

Golf Member Council, said golfers are wondering about the status of reinstalling lightning rods to protect that signature hole. “A couple of years ago some not terribly bright thieves stole the copper lightning rods and were caught. Protection for the trees has not been restored, and it would be a tragedy if these were destroyed by lightning,” Collins said. OPA General Manager Bob Thompson said staff has been looking into the issue but isn’t quite sure yet if it is a good idea to put back lightning rods on those particular trees, when there are taller trees nearby. “The copper is going to attract the lightning strike and, if it’s a heavy enough strike, you’re going to damage the tree and kill it anyway,” Thompson said, adding that there are taller trees near that hole so it may be better not to have the copper lightning rods on the “twin pines.” He said he has received “mixed reviews on whether the copper rods should go back up on those or not.” So he is awaiting an opinion from a horticulturist on the matter. Thompson said he is “trying to find

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someone smarter than we are” to help resolve the matter, but “I don’t have an answer yet.”

YC contingency fund has little left

With construction of the Ocean Pines Association’s new Yacht Club now largely complete and just some “punch list” items to finish up, General Manager Bob Thompson said during the July 23 Board of Directors meeting that there is $6,314 left in the project’s contingency fund. If that contingency fund balance is exceeded, the Board of Directors would probably need to authorize the excess spending. In response to a question as to why the directors didn’t receive a “dashboard” project update at the previous month’s board meeting, Thompson said it was because there was nothing new to report at that time. He said there were “no new numbers” regarding budget expenditures or any project status updates for June. He delivered an updated dashboard to the board at the July meeting. Thompson also didn’t have much to report to the board at its July meeting, saying the Yacht Club project had been

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he Board of Directors recently approved allowing the Ocean Pines Association to purchase one property at foreclosure but rejected another. Director Marty Clarke during the July 23 board meeting reported that the board recently held two closed session meetings to discuss the potential for acquiring foreclosed properties. He said the objective of the meetings was to discuss “how to protect membership equity in a house going to foreclosure by others.”

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on tap for Aug. 23 From Page 5 The Ocean Pines Chamber of Com“dialing down” over the course of the merce will host its second annual Car last few weeks. Show on and Parade on Saturday, Aug. 23. Wethat have best prices He acknowledged thethe project The parade will start at White Horse is not yet fully complete, repairswith andseveral sales of Park cars and at 10 a.m. and will proceed down punch list items still to be finalized by trucks. Only 10 minutes from Ocean Parkway to the car show at Vetercontactors. ans Memorial Park, which is scheduled But as of that meeting the project Ocean Pines on 113. was still at a “positive budget variance” to begin about 11 a.m. The show will feawith $6,314 remaining in the contingen- ture several food and business vendors and a radio remote from the Wave. cy fund. New this year is a bike parade for

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OCEAN PINES kids around the south gate pond, with prizes for the participants. There is no registration fee for the bike parade, but the Chamber is asking for donations of school supplies to be given to Worcester County G.O.L.D., an organization that provides supplies for area school children. For more information on registering for the car show, the bicycle parade or becoming a vendor, call the Chamber at 410-641-5306 or stop in the office at 11031 Cathell Road, Berlin, MD 21811. Trophies will be awarded in the categories of classic, antique, hot rod, modern, customs and peoples’ choice. Pre-registration is available on line for just $12 or $15 the day of the show. Registration will be at White Horse Park at 9 a.m. and at Veterans Memorial Park after the parade. All cars must be registered by noon to participate in the car show. The Chamber’s Web address is OceanPinesChamber.org.

Thompson: OPA can’t deny amenity use to predators An Ocean Pines grandmother is concerned about a convicted child predator’s proximity to an Ocean Pines Association’s amenity where children are present, but General Manager Bob

Thompson said there is nothing the OPA can do about it. Resident Linda Horst during the public comments segment of the July 23 Board of Directors’ meeting asked that the directors look into the requirements for convicted child sex offenders using the amenities. While she didn’t specify which association amenity, she said she had recently learned that a Tier 3 offender was using an amenity that she visits with children and that is widely used by other children as well. Tier 3 offenders are subject to registration/verification requirements every 90 days for life, and are subject to neighbor/community notification, which includes all residents within a 1,000 foot radius of the offender’s residence. “I am a grandparent. I have a lot of visitors at my house with children, and I would like to know how close a registered child predator is allowed to be and be a member of an amenity here at which children frequent and children are very close by,” Horst said. She added that she recognizes that the person has rights and she does not want to impede on them, but she also has rights. “As a grandparent I was appalled and I was extremely upset” that this person

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6 Ocean Pines PROGRESS August - Early September 2014 Car Show & Parade OCEAN PINES BRIEFS


August - Early September 2014 Ocean Pines PROGRESS 7

OCEAN PINES

OPA directors award Thompson $12,000 bonus

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OCEAN PINES BRIEFS From Page 6 could use amenities where children are present, she said. Thompson said he has already looked into the issue as a result of a similar situation at the tennis facilities. He said he sought input from legal counsel and was informed that the member has a legal right to use the facility. “Despite the fact that children frequent it?” Horst asked. “Yes ma’am,” he replied. He added that he was surprised by that legal opinion as well, but said that from a legal standpoint the person has a right to use the amenities, and there is nothing the OPA can do about it.

The bonus was just the latest in financial rewards bestowed upon the general manager by a super majority of directors. In mid-April, the same five directors who approved the bonus approved a three-year contract extension for Thompson that established a $165,000 base salary and a path for an additional $40,000 in incentive payments for him. Voting in favor of the bonus payment were OPA President Tom Terry and directors Bill Cordwell, Sharyn O’Hare, Terry Mohr and Jeff Knepper. Opposed were directors Marty Clarke and Jack Collins, the same two directors who were opposed to $165,000 base salary and incentive package approved by the board super majority in April. Sources told the Progress that opening suggestions by the directors for bonuses included zero, $2,000, $10,000, $14,000 and one for $16,000. Terry reportedly arrived at the $12,000 figure as a sort of compromise. In the open portion of the July 29 special meeting, there was more agreement among the directors as they voted 7-0 on a list of six “non-financial” objectives under which Thompson will be eligible for a $10,000 bonus under the incentive package approved in April. The six objectives were essentially the same as the five objectives proposed by Knepper at the board’s June 21 meeting and

discussed again at the board’s regular meeting July 23. The directors had been exchanging emails word-smithing the details of the non-financial objectives, including adding deadlines by which measurable progress is supposed to be delivered. A sixth item was added as part of the motion approving the objectives at the July 29 meeting. Another $30,000 or so in incentives under the April package are tied to reaching amenity financial goals and may be out of reach if certain key amenities fail to meet or come close to meeting optimistic budgetary forecasts. As a practical matter, as golf operations fell behind budget by $65,853 through June 30, Thompson’s best shot at achieving an additional $10,000 appears to be delivering on the six objectives approved by the board July 29. The six objectives include: • delivery of an information technology plan for updating the OPA’s network of computers and software, as measured by completeness and accuracy, with a deadline of January of next year. • coordination with the county and development and implementation of a plan for OPA oversight of a county program to replace aging water mains in Ocean Pines, as measured by quality and implementation, listed as a “fall

project” with no firm deadline. • updating the OPA’s capital improvement plan for presentation to the board, as measured by completeness for a plan of action through 2020, with a December deadline. Thompson gave the board a new version of the plan in two phases last year, with the second phase delivered in November. It included a so-called “rack and stack” of proposed projects totaling about $17 million. That draft CIP has not been approved or even addressed by the board since then. • successful operation of the new Yacht Club, as measured by quality of service, speed of service, quality of food and completion of the building, as measured by monthly reports. • development of a drainage strategic plan and successful operations, as measured by responsiveness and quality of work, with a deadline of March of next year. • delivery of a summary of suggested changes in internal OPA procedures, guidelines and restrictions for junk vehicles, overgrown landscaping and “un-maintained/abandoned” homes, with a December deadline. The sixth item was extensively debated by the directors during the July 23 meeting, with apparent unanimity on the notion that the OPA needs to do a better job of en-

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By TOM STAUSS Publisher t was an early Christmas present for Ocean Pines Association General Manager Bob Thompson, as the Board of Directors in a 5-2 vote awarded him a $12,000 bonus for work performed in the fiscal year that ended this past April 30. The gift-wrapping occurred in closed session following a special meeting of the board July 29, called to conduct a review of the general manager’s job performance.

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8 Ocean Pines PROGRESS

OCEAN PINES

August - Early September 2014

Splash pad a big hit, but defects surface By TOM STAUSS Publisher oddlers have been enjoying the new splash pad at the Swim and Racquet Club pool that opened earlier in the summer, but they and their parents have wondered why, after 20 minutes or so of usage, the splash pad seems to run out of water, requiring the water tank that operates the system to be manually filled by lifeguards. In addition, what had been envisioned as an amenity that would not require lifeguards to monitor apparently require them. That’s because the surface of the pad can be slippery, and lifeguards have been posted on site to warn the pad users not to run. These issues have come to the attention of the OPA’s Aquatics Advisory

Committee, who discussed them with Aquatics Director Colby Phillips during the committee’s monthly meeting in late July. She preferred to emphasize the positive, and indeed committee members are generally pleased with the splash pad when it functions properly. The rub is that it fails to function as it should, consistently. Committee chair Virginia Reister told the Progress after the meeting that the problem appears to stem from the fact that water used in the splash pad does not drain into the system and into the water tank as it should, but instead pools on the grass outside the confines of the pad. She said that facilities manager Jerry Aveta has been apprised of the situation and has been asked to come up with some solutions. In addition, she said the

OPA election

the two sparred over number crunching related to what Thompson’s predecessor made or would have earned had he stayed on as GM. Stevens said one of the first things he would want to see now that he’s back on the board after a year’s sabattical is better and more timely submission of supporting documentation on matters that Thompson brings to the board. On that front, Stevens will be vigorously supported by Clarke and Collins, both of whom have been sparring with Thompson this past year over what they regard as insufficient information supplied to the directors before they’re asked to make a decision. Stevens said a priority of the new board will be to jumpstart planning efforts for amenity improvements and upgrades in Ocean Pines.

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From Page 3 Thompson’s new contract, nor will there be an initiative by the new board to remove Thompson as general manager. Stevens said he wanted to take some time to reach out to the carry-over directors who formed the pro-Thompson bloc on the board. In particular, he said he wanted to reach out to outgoing president Tom Terry, who has served in that position for the last four years. Remarks by Terry after the meeting and later remarks by Stevens suggests that effort might require more time before it can succeed. Terry apparently harbors some resentment over a published letter by Stevens in the last election cycle. in which

contractor should be called back to repair elevation issues that cause water on the pad not to drain properly. In another issue affecting aquatics, it appears that progress has been made in remedying information technology shortcomings in the hardware and software used to track pool usage. While outages still occur at random, the Progress has learned, they’re not occurring at the same rate as they had been earlier in the season. A DSL system has been installed at the Sports Core pool to replace the microwave link, and that has cut the downtime dthere significantly. Still, in late July, there were reports that the system was down at the Ocean Pines Beach Club for an entire day, and other outages occur randomly, for no apparent reason, and then the systems come back on line. It is not at all clear that the OPA is any closer than it has been previously to eliminating the problems once and for all. Meanwhile, Aveta told the committee that he has been directed by OPA General Manager Bob Thompson to continue working on a request for proposals (RFP) for resurfacing of the Swim and Racquet Club and Mumford’s Landing pools this fall, after the pools close for the season. Both are included in the capital budget for the current year. Another budgeted pool improvement, new decking and resurfacing of the Sports Core pool, has been delayed, perhaps until next summer. Because this project was not completed this summer, it would need to be resubmitted for board authorization during next year’s budget process.

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Thompson From Page 7 forcement in these areas. The unanimous adoption of the non-financial objectives is the final piece of the new contract approved by the board in April. The contract includes a nine-month severance package and a provision that the board can terminate Thompson’s contract “without cause or at our convenience” at any time. The OPA would be liable for his salary and health care benefits for nine months after the official termination date, Terry has said. Under the contract, Thompson can earn an additional 25 percent of his base salary, or roughly $40,000, by meeting certain performance standards. Of that $40,000, $30,000 could come from meeting amenity targets and another $10,000 could be earned by meeting the performance objectives that the board approved at the July 29 special meeting. The amenity incentives would seem to pose a real challenge for Thompson. The contract specifies that five amenity operations together – golf, the Yacht Club food and beverage, aquatics and Beach Club food and beverage – are the measures against which Thompson’s performance will be compared. Specifically excluded from the benchmark calculation will be tennis, Beach Club parking and marinas. That’s because their financial results can’t really be influenced by the general manager, Terry has said. Together, these included amenities are budgeted to lose $97,000 for the fiscal year that began May 1, with one caveat. The approved Yacht Club budget for the year calls for break-even operations, while Thompson’s original draft called for a loss in the neighborhood of $97,000. The board elected to use Thompson’s original Yacht Club number rather than the board’s zeroed-out Yacht Club budget. To earn the first $10,000 amenity incentive, Thompson will need to achieve “90 percent’ of the deficit target of the five amenities combined, which happens to be a loss of $97,000. Thompson will earn that first $10,000 if the combined loss in the five departments is $109,000 or better. To earn a second $10,000 bonus, the contract says that Thompson would need to trim $50,000 off that $109,000. A third $10,000 would be earned if the deficit is trimmed by another $50,000. Essentially, he gets the full bonus if these five departments are close to break-even. The incentive package was specifically designed to avoid payouts for separate amenity departments, because that might allow the general manager to focus on several of the amenities rather than the amenities in totality. The package won’t deliver for Thompson if any of the five included amenities produce substantial losses relative to budget. Just one poorly performing amenity will probably be enough “to prevent Thompson from receiving any bonus incentive,” Terry said recently.


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Racquet sports project back on track, sort of New courts should be coming this year for pickleball, but platform tennis players will have to wait By ROTA L. KNOTT Contributing Writer lthough no plans to do anything have officially been approved, or even presented yet, the Ocean Pines Association’s Board of Directors spent hours mired in meetings in July trying to sort out who supports building which types of new racquet sports courts at the Manklin Meadows Recreation Complex. Initially, it seemed like members of the tennis, platform tennis and pickleball clubs were all in agreement regarding the addition of courts at the complex. OPA General Manager Bob Thompson was ready to submit for board review a proposed plan to construct eight pickleball court and two platform tennis courts, and to relocate the playground at a July 23 meeting. And then “something went sideways,” according to Thompson. He said leadership from the three racquet sports clubs had been meeting for months to hash out plans for new courts. Currently pickleball has no courts of its own. The OPA restriped some of the Har-tru tennis courts at the Manklin Meadows complex to allow for multi-use with pickleball. Tennis players want all their courts back for full-time use, without pickleball striping. Meanwhile, platform tennis membership continues to expand and as a result that club needs additional courts, too, Thompson said. Actually, platform tennis membership as of June 30 was down compared to the same time year. The OPA’s membership report, published elsewhere in this edition of the Progress, indicates there were 104 pickleball memberships last year but only 70 this year. A small portion of that could be attributable to some members, four in

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all, shifting to a combo membership. It’s possible that gap could close later in the year, as platform tennis is primarily a cool weather sport. The ad hoc racquet sports committee, which will soon become an official standing advisory committee replacing the Tennis Advisory Committee, initially proposed cutting the playground to half its current size in order to accommodate nine pickleball courts and adding two platform tennis courts. Thompson balked at the idea of reducing the size of the playground and asked the committee to go back to the drawing board. The group ultimately came up the a plan to shift the location of the playground, build just eight pickleball courts and two platform tennis courts a little further away from the existing softball field to prevent any impact to stormwater management in the area. That’s the plan Thompson was preparing to give to the board to review when suddenly a flurry of emails and phone calls started coming in to the OPA from irate racquet sports members who thought their needs should be the priority. “All year we’ve been trying to work down that path to give pickleball and platform move of a voice at the association level,” he said during a July 23 meeting on the topics. “We’ve had our bumps in getting that set up but the team was working real well together up until this last week.” He said that ad hoc committee developed a priority order for courts, with pickleball courts as the number one priority for this year and expansion of platform tennis courts as the next priority. The third priority becomes clubhouse replacement or renovation. “When we did that, the determina-

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OCEAN PINES From Page 10 tion wasn’t by me, it was by the collective group,” he told the board. Director Jack Collins wanted to know why the board was just hearing about this particular project. The led to some polite sparring among some of the directors. OPA President Tom Terry said the idea of adding more courts was brought to the board more than a year ago. Since then the ad hoc committee has been working toward developing a plan. “They’re the ones who plan this sport. They’re the ones that were given the opportunity to put this solution together. It wasn’t a board of directors’ job to put together their solution for them,” he said. “Now, stop. Tom. Let’s cut that out,” Collins responded. “What I’m saying is that this information should have come back to us at various meetings throughout this period.” Terry, obviously irritated with Collins’ questions, said of the Tennis Advisory Committee, “It was in their annual report that was shared with all board members, as they are every year.” Director Marty Clarke asked what triggered all the emails from various racquet sports club members. Thompson said he couldn’t “tell you definitely.” But he suggested that platform tennis members perhaps were not well informed about the plan by their leadership. Some platform members believed they would be getting two new courts this fiscal year, but the proposed plan puts those off until next year. That belief may have been triggered by the fact that the new platform tennis courts are included in this year’s approved capital budget. The reality is that an approved OPA’s capital budget doesn’t necessarily mean that Thompson will take action to undertake every project listed on it. Resurfacing of the Sports Core indoor pool, for instance, has been on list for years, with no indication that OPA management is in any hurry to make it happen. Thompson said platform tennis members held a meeting in response to the escalating situation but staff was told not to attend by the group’s leaders. “We could not communicate with the group to diffuse it because we were not allowed to,” he said. Terry asked Thompson at the July 23 meeting to reach out again to the racquet sports representatives and try to resolve their concerns. “I’m disappointed because we’ve had two and a half years of these groups finding a way to work together to build a synergy,” Terry said. “This thing doesn’t need to go off the rails.” Between that July 23 meeting and a July 29 special session of the board, Thompson was able to meet with representatives of all three clubs to iron out their differences and get the master planning back on track. Leaders from the trio of clubs has since sent a letter to the board spelling out specifically what they would like to have happen at the

Manklin Meadows Recreation Complex. “They are unified. Their message is clear,” he said. The latest schematic still calls for construction of eight pickleball courts and reconfiguring the playground but pouring just the pads for the platform tennis courts this fiscal year. Now, Thompson said staff can finalize the details of pricing for the work. The OPA had budgeted $135,000 for two platform tennis courts and four pickleball courts this year. Moving the playground is anticipated to cost more than $30,000 in materials along but savings on another project could be used for that work. Clarke is opposed to moving the equipment, and it will be up to the board of directors that forms after this summer’s election to decide the relocation issue Clarke wanted to know when the

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Racquet sports From Page 11 plan for pickleball courts grew from including four to eight courts in this fiscal year. “We’ve always talked about four,” he said, in reference to the capital budget approved for this fiscal year back in February. He said the OPA only has 63 pickleball members and that equates to about six users per court. Director Jack Collins said it is a matter of the “economies of scale.” He said it

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will be less expensive ultimately to build all of those courts at one time because of the cost of site preparation and construction involved. “In the long run it’s less expensive to do it that way,” he said. Clarke also questioned the need for additional platform tennis courts. While everyone keeps saying that sports is growing, the platform tennis membership has actually fallen by 35 percent, he said. When asked by Collins about a timeline for building the new courts, Thompson said he couldn’t provide one yet.

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OCEAN PINES

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nis courts this year and to construct the courts themselves next year. Coralee Powell asked the board to consider building the two new platform tennis courts that she said had been allocated to the club previously. She said the current courts are busy all the time with members playing all day every day in all kinds of weather. A former platform tennis club president, Jim Freeman said it became a priority during his tenure to get more courts for play because of growing membership. “We’re at the point now where we could really use the two courts,” he said, adding that he appreciates the time the board and OPA staff has taken to talk with club members about their needs. “I think our paddle tennis group is really what Ocean Pines is all about,” Diane Harris said. In addition to being a racquet sports club, she said it is a social club that holds lots of special activities and events for its members. Don Pellicano, a member of the OPA’s Recreation and Park Advisory Committee, said that his group had endorsed the idea of adding more platform tennis courts at Manklin Meadows. He encouraged the board to build the platform tennis courts before eight pick-

leball courts also proposed for inclusion in the Manklin Meadows complex. He said platform tennis has a long season that begins in the fall and runs through the following summer. It would be helpful if the additional courts were available for members to play soon, he said. “I absolutely love racquet sports in general,” Linda Horst said, adding that she has played tennis, platform tennis and pickleball. She lobbied for the new platform tennis courts because those members play year round, unlike tennis, and can’t move indoors for play in the winter, as do pickleball players. “We have nowhere else to go,” she said. Horst said just 4 percent of platform tennis club members do not reside in Ocean Pines full time as compared to 30 percent of pickleball members. June Freeman said members are just asking the board to follow through on what it promised to platform tennis members in terms of new courts. She said platform tennis members have paid in more than $100,000 to the OPA over the last ten years and have earned more courts. “Give us what we were promised,”

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By ROTA L. KNOTT Contributing Writer latform tennis members want the two additional courts promised to them, and pickleball players want four, or maybe even eight, courts that were promised to them. That was the message that came through loud and clear as member after member approached the Ocean Pines Association’s Board of Directors during the public


OCEAN PINES

August - Early September 2014 Ocean Pines PROGRESS 15

New advisory committee to give all three racquet sports representation

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Platform tennis From Page 14 said pleaded with the board. “Our sport has really grown in the last five or six years,” Scotty Wheatley, vice president of the platform tennis club, said. Members have been asking for two more courts for a while but knew that the required funding wasn’t in the budget. Actually, it was. The approved capital budget for the current fiscal year included money for two platform tennis courts and four pickleball courts. Wheatley said he was pleased to learn about the creation of a committee that includes members of all three racquet sports to help develop a master plan for improvements needed by the various clubs. That committee determined that, because of growing membership, platform tennis and pickleball courts should be the priorities, especially pickleball because the sport doesn’t have any courts of its own. Currently pickleball players are using the tennis courts, but tennis players want the pickleball lines removed from their courts. “We gave up quite a bit to give pickle what they wanted,” Wheatley said. Now, the platform tennis players just want to see the pads for their two new courts poured this year. “We’re just asking for our pads so our membership knows it’s coming next year,” he said. Marie Lunczynski said she plays all three sports, and all three sports have to find a way to come together. But, she said, just based on the size of membership and length of the season, platform tennis needs more than pickleball. Dale Ash, chairman of the now disbanded Tennis Advisory Committee, said an ad hoc committee with members from all three racquet sports recom-

mended building pickleball courts first because that club has no courts of its own on which to play. He added that tennis members are feeling the pinch from having to give up time on the courts to pickleballers. He stressed the importance of moving along with the project so pickleball courts can be built this fall.

term; Leslie Shippee, two-year term, and Bill Rakow, one-year term; platform tennis members Tom Herrix, three-year term; Diane Harris, two-year term; and Scotty Wheatley, one-year term; and pickleball members Frank Cramer, three-year term; Julia Wolf, two-year term; and Bob O’Malley, one-year term. Director Marty Clarke was concerned about whether or not the OPA had met the requirements for publicizing the first reading of the proposed resolution.

He said it should have been posted on the OPA’s Web site for review prior to the meeting but was not. “I don’t think it’s a legit first reading,” he said. Clarke wasn’t convinced that committee members should be named yet either. He was also concerned about whether or not the Bylaws and Resolutions Advisory Committee had reviewed and

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By ROTA L. KNOTT Contributing Writer n an effort to ensure representation by members of the Ocean Pines Association’s tennis, platform tennis and pickleball clubs, the Board of Directors is creating a new Racquet Sports Advisory Committee, which will replace the long-standing Tennis Advisory Committee. During the July 23 board meeting, OPA President Tom Terry made a motion to approve on first reading resolution C14 to disband the TAC and form the new committee. “It provides for all three sports in the racquet community to help the general manager in the day to day manage-

ment of the racquet sports,” Terry said of his motion, which was given a second by Director Sharyn O’Hare. He said it “provides all three sports opportunity to help the board in its deliberations.” The resolution states that the Racquet Sports Advisory Committee will advise the board of directors on tennis, platform tennis, and pickle ball matters and aid in promoting the successful operation of all racquet sport activities. In making his motion Terry thanked the current members of the TAC for their service to the association and said all terms for members of that committee will be terminated with creation of the new more inclusive committee. As part of his motion, Terry offered the names of nine members for the racquet sports committee, along with their initial terms of appointment. Those proposed members are tennis members Chairman John McNult, three-year

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Board approves first reading of resolution creating new racquet sports panel

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By ROTA l. KNOTT Contributing Writer lans for construction of more platform tennis courts and the addition of pickleball courts as part of the Manklin Meadows Recreation Complex could necessitate relocation of a playground that was constructed by volunteers more than a decade ago following a massive fund-raising effort. Dozens of volunteers toiled to prepare the site and erect the equipment for the Ocean Pines Association’s only community-built playground in October 2003, but now the playground apparently needs to move to make way for the growing number of members playing racquet sports. As part of a larger two-meeting discussion in July about the need for more racquet sports courts of various kinds and where they should go, OPA General Manager Bob Thompson said the playground is in the way. He added that some of the playground supports need to be replaced anyway, so it makes sense to do all of that work at one time. Initial plans for redevelopment of the Manklin Meadows Recreation Complex drafted by an ad hoc committee of Ocean Pines Association staffers and leadership from the tennis, platform tennis and pickleball clubs – with no representation for playground users – called for

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OCEAN PINES

August - Early September 2014

Community-built playground should move to accommodate racquet sports, GM says Thompson estimates cost of moving and repairing Manklin Meadows facility at $31,000 chopping in half the space allocated for the playground. Revised plans will keep it essentially the same size but shift its

Advisory committee From Page 15 “signed off” on the document. Terry said that committee did look over the resolution and gave its OK. He acknowledged that the OPA has “never done this before,” referring to revising its resolutions to revise the name and charge of a standing advisory committee instead of simply eliminating it and replacing it with another committee. “You’re appointing these nine people to the committee,” Terry said, adding that the members were picked by the various racquet sports clubs as their representatives. The resolution specifies that the committee, in fulfilling its tasks, will help

location. The Board of Directors reviewed the status of master planning for the comdevise methods of promoting interest in racquet sports at the Racquet Sports Complex at Manklin Meadows and give input on policies and operations. It will also help with the development of budget proposals on programs, activities, facilities, and staff as it pertains to racquet sports activities and recommend rules and regulations including conduct and dress codes. The committee will monitor the condition, care, and maintenance of the racquet sports facilities and offer advice to the board and racquet sports professional of any specific problems or concerns. Committee members will be appointed by the OPA president, with the consent of the board. The committee will

plex at meetings on July 23 and again on July 29. Director Marty Clarke said he doesn’t want to see any action on the playground relocation until there are firm plans in place for use of the entire recreation complex. “I just don’t want this to be an OK to start moving the playground. Until we have all the numbers I don’t want to see that playground moved,” he said, seeming to suggest that the general manager might have been planning to do so in anticipation of later board formal ap-

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16 Ocean Pines PROGRESS

have between six and nine members and according to the resolution should represent an equal balance from the three primary racquet sports of tennis, platform tennis, and pickleball. The committee chairman will be appointed by the board and serve for a two-year term. Every effort should be made to rotate the chair position to represent the three racquet sports, the resolution states. The resolution was ultimately approved on first reading with only Clarke voting in opposition. Terry said the next step is to gather input on the proposed resolution in preparation for a second reading, at which time it will be officially adopted by the board.


OCEAN PINES From Page 16 proval. In remarks several days after the meeting, Clarke said he was opposed to building new amenities until older amenities are properly maintained, citing the long delayed resurfacing of the Sports Core pool as one amenity that appears in the approved capital expenditure list every year, only to be ignored until it’s too late to complete the project in a timely manner. Thompson said the plans to move the playground as part of the larger racquet sports project depend on the alignment of the new platform tennis and pickleball courts. He said the playground relocation is necessary in order to create a suitable buffer between it and the pickleball courts that are proposed adjacent to the existing community-built amenity. If the courts are situated too close to the existing playground, it would create an unsafe situation for users of both amenities, he said. The plan originally proposed by the ad hoc committee called for placing the pickleball courts on the site of the existing playground and shrinking the playground to about half the size that it is now. Thompson said that plan did not make sense to him when it was presented. “If we’re going to do something with the playground, we can’t shrink the playground. I didn’t think that was appropriate,” he said. So the committee went back to the drawing board and changed the configuration of the proposed eight new pickleball courts to keep the playground close to its current square footage but at a different location. That’s the plan now under review by staff. Thompson added that the playground will have to be disassembled so that it can be moved to a new location. Meanwhile staff has already studied each piece of the equipment and noticed that some parts of it are starting to deteriorate. Replacement of those worn parts was already being investigated, but the proposed relocation has now moved it “to the forefront,” he said. Thompson said that if moving the playground to a new location is part of the overall master plan for the Manklin Meadows Recreation Complex then “we need to know what is involved.” A certified playground inspector was contacted and evaluated the equipment in late July. Staff has also contacted the company from which the playground equipment was originally acquired to get cost estimates for replacing the upright pillars and bolts on the structures. All of that information will be compiled and presented to the board for consideration. Thompson said initial cost estimates are $31,000 for the materials only to disassemble and replace the aging parts of

the playground. A savings on the cost of lighting installation at the Manklin Meadows ball fields may free up just enough money to cover that cost, he said. The lighting project is scheduled for completion in August. Thompson said the budget includes $150,000 for the lighting project, but that work is likely to come in under budget at about $122,000. He said he plans to ask the board to reallocate the nearly $30,000 in savings from that project for the purchase of the

playground materials instead. As for the labor, Thompson said he is still trying to get cost estimates. He also noted that it was originally a community-built playground, and the OPA could once again try to seek volunteers to rebuild the equipment at its new location with support from public works crews. It has been determined whether such an approach would pass muster with the OPA’s insurance carrier. Director Jack Collins wanted to know if the anticipated savings on the ball

field lighting project is realistic. He said during the budget process Thompson was confident that the $150,000 figure was a “hard number.” Now that has dropped to just $122,000, he asked if that is, in fact, a number that the board can depend on. Thompson responded he is comfortable that the lighting project will come in at the $122,000 number. He said the work will be completed sometime in August and so he will have an exact number to give the board.

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August - Early September 2014 Ocean Pines PROGRESS

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OCEAN PINES

August - Early September 2014

Out with the old

The former Groff Construction and Moore, Warfield and Glick office building at the intersection of Route 589 and Cathell Road was demolished on Thursday, Aug. 7, after years of remaining vacant. With the arrival of water and sewer infrastructure on Cathell Road slate last year, the site is being prepared for a new Walgreens Pharmacy that will be built on the site in the next year or two.

Playground From Page 17 Director Sharyn O’Hare asked for clarification regarding the status of the existing playground equipment. She asked Thompson if “the playground that’s existing out there needs to have some work done whether it’s moved or not.”

Thompson confirmed that it does require replacement of some parts even if it were to stay at the same site. Director Terri Mohr asked about the compliance of the playground equipment with the Americans with Disabilities Act. Thompson said he hopes that bringing in a certified playground inspector will help the OPA address any other is-

sues with the equipment as well, including making sure it meets ADA requirements. The push for the playground began in 1999 when the OPA board of directors asked the Recreation and Parks Advisory Committee, which Barbara Kissel chaired at the time, to look into what could be done at the south end of the community for recreation for kids.

By late 2000, the Ocean Pines Community Built Playground Committee had formed and separated itself from the advisory committee. Kissel led the effort to raise funds for the project. The community-built playground was finally constructed in 2003 at a cost of about $120,000, with half generated from fund-raising efforts and the other

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OCEAN PINES

August - Early September 2014 Ocean Pines PROGRESS

19

Clarke critical of opinion detailing condition of playground equipment

O

cating. While the directors have authorized Thompson to have a final draft of the site plan drawn up by local land planner Steve Soule, the OPA’s go-to guy for such matters, the idea of relocating the playground equipment does not sit well with OPA Director Marty Clarke. He wants it to stay right where it is. If need be, pickleball courts can be located to the little used tennis courts at the Swim and Racquet Club on the northside, Clarke has said. To justify relocation of the playground equipment, Thompson told the directors during the discussion July 23 that he had called in a playground equipment expert to assess the equipment at the Manklin Meadows complex. The verdict, Thompson said, is equipment that is in less than optimal condition. A report submitted by the expert estimated a cost of $30,000 for new playground equipment and an enlarged parking lot, Thompson said, including installation by qualified professionals. The playground was installed years ago by community volunteers. Clarke said in an early August telephone interview that he called on his playground expert who assessed the condition of the Manklin Meadows

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By TOM STAUSS Publisher ne might suppose that the condition of playground equipment at the Manklin Creek tennis complex on Ocean Pines South side would not make the A list of Ocean Pines Association controversies. But that supposition would be wrong, as the condition of the equipment, and whether it needs to be removed and replaced, is a very important part of the debate over whether two new platform tennis courts and up to eight new pickleball courts should be added to the mix of amenities at the Manklin Meadows complex, and when. OPA General Manager Bob Thompson, and a group of racquet sport aficionados that have just been organized into a new Racquet Advisory Committee, have come up with a revised site plan for the Manklin Meadows complex that was shown to OPA directors at their July 23 monthly meeting. The revised site plan, which has not been posted on the OPA Web site and is not visible on the posted video of the meeting, purportedly shifts the location of the playground equipment and adds more parking, at the same time it accommodates the two new platform tennis courts and eight pickleball courts that the group and Thompson are advo-

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Clarke critical

From Page 19 equipment. Perhaps not surprisingly, that expert disagrees with Thompson’s expert in key areas. Clarke said his expert says the equipment is in acceptable condition but in need of consistent, general maintenance and some improvements to reduce the size of spaces that could pose some safety hazards. “He just wonders whether we bother to do basic maintenance on the equipment,” Clarke said. “And then he suggests some improvements that reduce

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August - Early September 2014 Ocean Pines PROGRESS

21

June membership report shows golf lagging behind budgeted numbers Aquatics recapturing some members lost from last year’s Yacht Club pool closure; pickleball picks up racquet sports

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the OPA’s traditional cash cow, are on a path that is closely tracking last summer’s performance, while tennis, platform tennis and golf memberships are lagging behind where they were at the same time last year. Golf memberships in particular are continuing a worrisome trend, with only 158 sold as of June 30, including 20 prepaid lifetime memberships that generate no revenue for golf operations in the current fiscal year. The June 30 membership report is particularly significant, since most memberships in Ocean Pines are purchased in the April through June peri-

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By TOM STAUSS Publisher he June 30 membership report for the Ocean Pines Association’s amenity departments – golf, aquatics, racquet sports and Beach Club parking – is a mixed bag of positive and negative data. Total memberships and parking passes sold in all departments is up from 3,204 sales in June of last year to 3,248 in June of this year, an uptick largely the result of a recovery in aquatics memberships year-over-year and a new category, pickleball, added this year. Sales of Beach Club parking passes,

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August - Early September 2014

From Page 21 od. By the end of June, the numbers of annual memberships sold in golf, tennis and aquatics and recorded in the June 30 membership report don’t change much, even though OPA policy allows for the purchase of such memberships year-round. With the availability of a year-round pool, aquatics is more prone to memberships sold anytime during the year, and the same could be said for platform tennis and pickleball, the latter of which is a new sport this year for budgeting purposes. Platform tennis is a sport whose peak season is the winter months. Golf and regular tennis memberships, in contrast, are sold almost entirely in the spring in anticipation of the prime summer season. An exception to the general rule are weekly Beach Parking passes and weekly aquatics memberships, which continue to be sold at a brisk clip throughout the summer. As of June 30, the sales of memberships in the sporting amenities and Beach Club parking passes totaling 3,248 units had generated $791,164 in revenue for the OPA, or 83 percent of budget. To meet budget for the year, 4,211 units of parking passes and memberships will need to be sold, with a budgeted target of $948,222 in revenue. The perennial top performer, Beach Club parking passes, generated $324,310 for the OPA as of June 30, with 2,146 passes sold. That compares to

2,149 as of June 30 last year, a decline of three. The budget is 91 percent met for the year, with a target of $355,970 and 2,528 passes sold. The OPA seems to have been overly aggressive in forecasting annual parking pass sales and revenue. Parking passes sold without additional amenity membership totaled 1,636 through June 30; the budget projected 1,729 passes sold. There were 449 passes sold in tandem with other amenities – in discounted price is available under those circumstances – compared to the budgeted 535. These actual sales numbers probably won’t change much from the June 30 report. Weekly and daily user pass sales, however, could help close the budgetary gap in July and August, though probably not enough to wipe out the shortfall entirely. Aquatics memberships have recovered to 643 sold through June 30 of this year compared to 579 a year ago, with $163,406 in revenue recorded. The Yacht Club pool was closed during much of last summer, and that adversely affected membership. Some of those former members rejoined this summer, just not in numbers needed to meet overly optimistic budget projections. The budget for the year forecast 1,070 memberships and $253,760 in revenue. As of June 30, aquatics had met only 64 percent of its membership budget. Aquatics would be another example of where the OPA errs on the side of aggressive membership budgeting.

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22 Ocean Pines PROGRESS Membership

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OCEAN PINES Membership From Page 21 Even so, that’s only a part of an emerging pattern for aquatics in Ocean Pines and doesn’t tell the whole story. Although not part of the membership report, another document generated by the OPA, the monthly financial report for aquatics, shows that some pool users may be changing the way they pay for access to the pools. For June, cash generated at all five OPA pools totaled $30,170, almost $10,000 more than budgeted for the month. Fiscal year-to-date, cash receipts are more than $13,000 over budget. Cash receipts can go a long way toward offsetting shortfalls in aquatics membership categories. Of all the amenity departments, golf is perhaps the one with the most significant reduction in memberships sold year-over-year through June 30. Excluding lifetime memberships and limited play memberships, total golf memberships in Ocean Pines stood at 134 through June 30, compared to 143 memberships sold at the same time last year. Those sales generated $176,145 in revenue and represent 93 percent of budget, which forecast 148 memberships sold and $188,854 in revenue. In addition, however, there has been a sharp decline in another category of golf membership, the so-called limited play option with a maximum of 30 rounds allowed with cart. Last year, there were 26 limited memberships sold as of June 30, but that number for the same time this year has plummeted to four. The membership report shows no revenue generated by these four limited play members, so in effect it seems this entire golf membership category has been effectively scrapped for revenue-generating purposes. OPA Controller Art Carmine said as much when asked by the Progress to explain the numbers. OPA Director Jack Collins, however, offered a somewhat different interpretation. He said most if not all of the 26 limited play members from last year were nine-hole golfers. In a policy that pre-

August - Early September 2014 Ocean Pines PROGRESS dated Billy Casper Golf’s arrival on the scene more than three years ago, Collins said it had been customary to allow these nine-hole golfers up to 60 rounds of play, rather than the 30 specified in the membership category. Collins, the board’s liaison to the Golf Member Council, said the policy of offering nine-hole golfers up to 60 rounds of golf under this category generated a lot of debate and controversy among council members and nine-hole golfers earlier this year. The member council and BCG decided that the number of rounds in the limited play category should be no more than 30, whether members opted for nine- or 18-hole rounds. The decision in effect reduced the maximum number of rounds that nine-hole golfers in this membership category could play by half. Nine-hole golfers weren’t at all happy with the change. The OPA Board of Directors did not weigh in on this policy debate. OPA President Tom Terry, when asked about it in late July, said it was not a policy matter but an operational one, under the purview of OPA General Manager Bob Thompson. Previous boards of directors, who spent hours debating the minutiae of golf memberships, would never have ceded such authority to the general manager or others. Collins said the decision by the member council and BCG was consistent with the policy of other golf courses in the area, or at least the one course he could find with a similar membership. But he acknowledged that most of the nine-hole golfers who were limited play members were upset and dropped their OPA golf memberships as a result en masse, taking their business to another course in the area that these golfers regarded as more welcoming. There has been no action by the OPA board to eliminate the limited play membership option, Collins said, confirming that it’s an issue that has not been addressed by the board. “It (limited play) hasn’t been scrapped,” he added, which is why it continues to be included in the membership report. But with the number of dues-paying limited members reduced from 26 a year

ago to four or perhaps zero today – the membership report shows no revenue from this category – golf membership in Ocean Pines can’t reasonably be described as healthy or growing. Indeed, the numbers show a continuing decline. The actual number of memberships relative to the number of households and lots in Ocean Pines is less than two percent. According to the report, there were 189 golf memberships in Ocean Pines as of June 30 last year, 143 of them dues-paying, 20 of them prepaid lifetime members (whose fees were earmarked for greens replacement) and 26 were limited-play members. This year, that number has dropped to 158 memberships, 134 of them dues-paying, 20 of them prepaid lifetime members, and only four are limited-play members. That represents a 16.4 percent decline year-over-year. This worrisome trend is somewhat mitigated by healthy year-over-year increases in non-member play as measured by green fees and cart fee revenues reported in the monthly golf financial report issued by Carmine. The last such report, which captured activity through June 30, indicated cumulative greens fees revenues of $138,602 and cart fee revenue of $110,527. A year ago, these numbers were $103,766 and $89,142, respectively. Even so, non-member revenue in these two areas is well behind overly

23

optimistic budget projections, with negative variances to budget of $41,410 and $24,742, respectively. Together, declining membership and non-member play lagging behind budget forecasts suggest a golf budget for the year that already is under stress. Thompson said recently that the budgetary pressure should ease over the summer. The membership picture for racquet sports in Ocean Pines shows an increase only because pickleball and combination memberships new this year are large enough to offset year-over-year declines in regular tennis and platform tennis. Year-over-year, tennis membership has declined from 136 to 121, yielding $35,113 in revenue. This constitutes 68 percent of the budgeted $51,643 in revenue and 209 memberships. Platform tennis has dropped even more precipitously in raw numbers, from 104 memberships in June of last year to 70 this year. This is 73 percent of the budgeted $17,895 in revenue and 118 memberships. Pickleball, with 59 memberships sold and $7,345 in revenue, offsets the membership declines in regular tennis and platform tennis but seems incapable of making up lost revenue in the other racquet sports. The fees are too low to make that feasible. Pickleball had reached 73 percent of its budget as of June 30. The budget calls for 100 members and $10,000 in revenue.


24 Ocean Pines PROGRESS

August - Early September 2014

OCEAN PINES

Attorney offers to ‘test’ junk vehicle cases Directors hope to expedite action against repeat offenders

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perfectly willing to do it and to see what the reaction of the judge is.” Moore made his suggestion in response to a discussion that spanned two board meetings in July about “fast tracking” repeat and serious violations through the legal process. During a July 23 meeting, OPA General Manager Bob Thompson updated the board on his research into the issue, what the board could do under its current resolution M-01, and what changes he thought should be made to that resolution to help expedite the processing of cases. He said one of the challenges is that the current process requires a lot of back and forth between the OPA staff and board, attorney and property owners. The resolution states that the board must be notified at each step along the way. “None of us were happy with the achievement that was coming out of the process as we had it,” OPA President Tom Terry said. “In fact what we found out was that we have processes that are in the way of us solving these issues.” Terry said the OPA has a policy that clearly states that no further legal action will be initiated until the board is notified of that next step. That means “it

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takes weeks and weeks of follow-up and coming back to us” under the current process. However, the resolution provides for the board to “fast track” prosecution of repeat or concurrent violations, such as a junk car that is removed and then returned to a property or a lot with a junk car and unapproved fence. That way the OPA doesn’t have to start over with the process each time the same violation occurs on the same property, Thompson said. By fast tracking a violation, the OPA can immediately send a certified letter to the property owner telling him to rectify the violation and if the correction is not made as directed, then the OPA can proceed with legal action. That process eliminates the back and forth of letter writing, phone calls and contacts between the three parties that is typically required. “Fast track will help close that loop on repeat violators,” Thompson said. Instead of continuing the regular method of back and forth communications with the property owner and board, the fast track method would keep it in the attorney’s hands until the owners either comply or the OPA gets a court order allowing it to take action. “ “We’re not just telling them to send a letter we’re telling them to get the matter resolved,” he said. He said allowing Moore’s office to pursue cases in court and see what a judge says about them will be helpful to staff and the board in determining when a vehicle can be classified as junk. That will also allow the OPA to enter onto a property a remove a junk vehicle if the owner declines to do so. “The judge has to make the determination, if it’s junk we can throw it out” he said, adding that, “It is personal property so the judge has to go on there and authorize us to remove it.” Director Jeff Knepper asked what has been the reluctance of the OPA to fast rack cases in the past. “We’re talking about now about getting tough, getting aggressive. Why haven’t we done that?” Thompson responded that during the last few years there hasn’t been a “hard push” because violations were following the process. But he acknowledged that the process slows down when it gets to the attorney right now because so many steps are involved. “It gets to that attorney point and then there’s a number of things that go back and forth, and quite frankly just haven’t occurred,” Thompson said. Knepper said the OPA needs a “strong resolve to get this crap fixed” and to make sure property owners are aware that violations will not be tolerated. “When you start to do things like that and people see that you’re actually going to do it, it has a cumulative effect. You start to get better compliance,” he said. q

By ROTA L. KNOTT Contributing Writer he only way to ultimately determine which junk vehicle cases will stand up in court is to file for an injunction against property owners who the Ocean Pines Association has found to be in violation of its guidelines and restrictions and see if a judge agrees. OPA Attorney Joe Moore during a July 29 meeting said that once the Compliance, Permits and Inspections Department has cited property owners for having a junk vehicle or other violation on their lost and the owners have not remedied the situation, he will take legal action. He said that “with respect to anything that is considered in a reasonable manner by CPI staff and or the board and or the general manager to be a junk vehicle,” his office will file suit and follow it through with the court system to have the vehicle removed. “You may not be able to precisely define, it but you know it when you see it,” Moore said of junk vehicles. He said the only way to know which cases will stand up in court is to test a few and get guidance from the judge. “It doesn’t bother me if we are possibly going to lose a case,” Moore said. “I’m


OCEAN PINES

August - Early September 2014 Ocean Pines PROGRESS

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OPA board revs up enforcement blitz with two-page, ten-part motion Directors want to eliminate process boondoggles that slow meaningful action against junk vehicles and poorly maintained or abandoned houses

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aced with a backlog of violations of the Ocean Pines Association’s restrictive covenants, the Board of Directors on July 29 approved a two page, ten part motion designed to expedite the resolution of outstanding cases. Drafted by OPA President Tom Terry, the motion calls for changes to the resolution that specifies how violations, such as junk vehicles or unkempt properties, are addressed and targets a series of specific properties that are already in the enforcement pipeline. The motion calls for immediate review of and changes to Resolution M-01, which has the unintended impact of slowing down the process for addressing violations, and expedites the process for legal action against the property owners. It also finds the owners of a group of properties with violations as determined by the Compliance, Permits and Inspections Department to be in continuous violation, clarifies that those violations were identified under section 9d of that current resolution and enables a fast-tracking of action against those cases that have already been presented to the board for review. Finally it allows legal counsel to file suit to address violations associated with a burned out home in Ocean Pines. Terry said the motion identifies all existing CPI issues that have been referred to legal counsel for action and authorizes legal counsel to continue to

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take action on the issues until they are resolved, including filing suit to obtain actionable injunctions. He said that portion of the motion will allow the OPA to continue pursuing action against properties that have existing violations, but at a faster pace than in the past. That would be accomplished by not requiring the board to review every step in the process but rather simply telling OPA attorney Joe Moore to resolve the issues. However, the next part of the motion calls for resolution M-02 to be reviewed, with an emphasis on sections 9 and 10 of the document to see if there is any “real conflict” with the current procedures for addressing violations. It also authorizes the general manager to work in concert with legal counsel to address and monitor all CPI violations that have been approved for action by either the GM or the board. Terry’s motion “requires any delay in or barrier to progress, which requires board action, must be reported to the GM within two working days” and it calls for monthly status updates on all CPI violations that were approved for action. As for specific violations, the motion authorizes legal counsel to continue action, including filing suit, on properties at 14 Capetown Road, 61 Moonraker Road, 37 Battersea Road, 52 Battersea Road, 12 Brookton Lane, 70 Crest Haven Drive, 74 Crest Haven Drive, 58 Not-

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By ROTA L. KNOTT Contributing Writer

Boat parade

On July 26, the Ocean Pines Boat Club sponsored a boat parade at Pintail Park, the first such event for some time. There were 15 entries, and the theme was Fantasy. The grand prize winner was a pontoon boat by the Ocean Pines Garden Club – Wizard of Oz (pictured above). First place winners were best concept, Wizard of Oz, OPGC; best custumes, Snow White and the Seven Dorks, Captain John Mancuso; and best design, Fantasy in Ocean City, Captain Martin Baer. Many organizations contributed to the success of this event, including Tall Cedars of Lebanon of North America to benefit Muscular Dystrophy.

Junk vehicles From Page 24 “This is a major issue. We’re all concerned about it,” Director Sharyn O’Hare said. O’Hare said she doesn’t think the current process is successful and added, “we need to be a little bit more aggressive.” “This is a serious problem. I think it can become a non-problem or a very small problem but only if we have the guts to go after people very toughly and in as public a way as prudent,” Knepper said. He added that enforcement shouldn’t be a quiet process. “I don’t want this to be done in the dead of night and the lawn fairy cleans it up. I want people to know,” he said Director Marty Clarke said the OPA has to sue repeat offenders to get such

matters resolved. And if the association’s M-1 resolution is slowing down the process, then he said the board should “throw it in the trash can and sue them.” When it comes to the maintenance of properties, such as debris removal, Thompson said the OPA can be more aggressive as well. If CPI inspectors find that a property is not being maintained to the standards required in the guidelines and restrictions, then it can be brought to the board for action. By two-thirds majority vote the board can authorize the association staff to enter onto a property and take corrective actions or retain a contractor to do so. “We’ve been doing some of that. We can just get more aggressive with it,” Thompson said.


26 Ocean Pines PROGRESS

August - Early September 2014

OCEAN PINES

Round 2: Thompson calls out Collins for asking ‘dumb question’

By ROTA L. KNOTT Contributing Writer or the second time in as many months, Ocean Pines Association General Manager Bob Thompson sparred with a board member during a public meeting. Thompson took on Director Jack Collins yet again during a July 23 discussion of master planning for the Manklin Meadows Recreation Complex. Collins asked how the upcoming project to construct additional platform tennis courts and to build as many as eight new pickleball courts within the complex will be accomplished. He said the general manager already has several major projects that he will be overseeing, and he wanted to know how Thompson will ensure that this particular effort is completed, too. “I’m a bit puzzled because I’m not sure what the question is,” Thompson said. Collins seemed stumped that Thompson didn’t understand what he was asking. “How are you going to allocate responsibilities? Is that direct enough

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for you?” he asked, adding if the project would be given to OPA staff for follow through. “Every job that we have gets allocated across all of staff,” Thompson said. Collins responded by simply saying “perfect.” It could have ended there, but Thompson then asked again, “what’s the question?” Collins again asked, “Are you going to allocate it to staff?” That’s when Thompson called out Collins, saying “that’s a dumb question.” Collins wasn’t inclined to let that comment pass. “What did you just say to me? You have no right to talk to me

Enforcement From Page 25 tingham Lane and 8 Willow Way. Those properties have alleged violations that include everything from unapproved box trailers to bulkhead attachments to junk vehicles. It also charges General Manager Bob Thompson with taking the appropriate action, including entering onto the properties and having OPA staff complete the required work and then billing the owner for the cost to do so, to resolve maintenance issues

like that. Who do you think you are?” he shouted across the board table at Thompson. Thompson wanted to know why Collins would even ask such a question. The OPA director said he was only concerned about the timeline for the Manklin Meadows project as it relates to all of the other projects that are in the works in Ocean Pines. He said all of those efforts are important to the community. “Now, I’ve worked with you for a year, but I have never ever been insulted by anybody like that before in my lifetime. This is a volunteer position, my friend, and I don’t have to put up with this,” he

said. Thompson offered an apology to Collins, saying he didn’t mean to offend him. “That was not my intent.” But he wanted to know why Collins would put him on the spot and ask a question to which he knows the answer. “You know this and that’s why.” The general manager said it seemed as if Collins was trying to push him into corner unnecessarily. He said staff, an engineer and an advisory committee comprised of community racquet sport members have already been working on the Manklin Meadows project and will continue to do so.

on properties at 52 Capetown Road, 73 Windjammer Road, 255 Windjammer Road and 74 Crest Haven Drive. The board also authorized the general manager to work in alignment with the Architectural Review Committee to address problems on properties at 8 Juneway and 11 Juneway by “fast tracking” clean-up, including having OPA staff perform any required maintenance and billing the owner for the any costs incurred. In addition the board pre-authorized involving legal counsel and

seeking court action if necessary to resolve the violations on those lots. At 32 Battersea Road, the board found the property owner to be in continuous violation of the restrictions for having junk or inoperable vehicles and authorized the escalation immediately to legal counsel for action. Finally the motion approved having legal counsel file suit in the matter of 7 Gatehouse, a burned out home that is now owned by a bank, to have the structure razed and the debris removed.

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General manager apologizes to director for comment during July board meeting

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From Page 1 zoning of the area several years earlier. The panel in its decision said it was not reviewing the decision by Beck but instead was reconsidering the decision by the commissioners “in the light most favorable to the agency because its decisions are prima facie correct.” It further said the panel would defer to the commissioners’ decision “if substantial evidence supported its findings” and no error of law existed. In perhaps its most significant finding, the panel concluded that the commissioners had not erred when they found that there had been a substantial change in the neighborhood justifying

Collins called out From Page 26 “I don’t even understand the point,” Thompson said of Collins’ line of questioning. “I wasn’t trying to be disrespectful. I apologize. I did come across a little short. I apologize to you for that.” Collins said he was just trying to be of assistance to the general manager. “You do the best you can with the hours available,” he told Thompson, “I know you put in a lot of hours around here, and you work pretty hard at it. I don’t take that away from you.” But he wanted to know the impact of adding one more project to the list and if the Manklin Meadows master plan could be accomplished in a timely manner. The group of racquet sport representatives said in a recent letter that significant progress needs to be made on construction of new platform tennis courts in order for them to be ready for use in later fall and early winter. Ultimately, Thompsons said he couldn’t answer that question because it is too early in the development process. He said the board hasn’t even officially endorsed a master plan yet, nor have county officials reviewed a site plan. The take-away: There’s no guarantee platform tennis courts or pickleball courts will be approved and built and available for use as quickly as racquet sport supporters want.

• 1965, the 31-acre parcel is zoned A-1 agriculture • 2006, the Worcester County land use plan designates the property as an “existing developed area” and potential “commercial center” • September 2009, the Maryland Video Lottery Facility Location Commission awards a casino license to Ocean Downs Racetrack • November 2009, the Worcester County commissioners adopts a comprehensive rezoning plan that retained the parcel’s A-1 zoning • May, 2010, Burbage-controlled entity called Silver Fox LLC petitions the county to rezone the property from A-1 to C-2 general commercial. The application is indefinitely put on hold • December, 2011 – The term of planning commission member Jeanne Lynch expires. She’s replaced by a new member thought to be more receptive to the proposed rezoning • April 12, 2012, the Worcester County Planning Commission conducts a public hearing on a revised rezoning application • May 3, 2012, the planning commission votes 4-3 to recommend a rezoning of the parcel and to extend findings of fact in support to the commission • Aug. 7, 2012, the county commissioners conduct a public hearing on the proposed rezoning

• Sept. 4, 2012, the commissioners•approve the rezoning and subsequently formally adopt findings of fact that concludes that the neighborhood had changed substantially since the 2009 comprehensive rezoning • Oct. 4, 2012 – Rezoning opponents file a petition for judicial review of the commissioners’ rezoning and findings of fact. Applicants shortly after file cross petition • March 18, 2013 – Visiting Circuit Court Judge Robert Becks conducts a hearing on the petitions, denies a Silver Fox motion challenging the standing of the opponents, rules that no mistake in zoning had occurred in the 2009 comprehensive rezoning, and that no “substantial change” in the neighborhood had occurred since 2009 • April 12, 2013 - Judge Beck issues written order reversing the commissioners’ rezoning decision • May 7, 2013 – Silver Fox files notice of appeal to the Maryland Court of Special Appeals on the issue of whether a change in the neighborhood had occurred. The mistake in zoning issue is not raised. • June 2014 and later – The litigants file dueling briefs in the case • July 22, 2014 – The Court of Appeals reverses Judge Beck’s decision, upholding the decision by the county commissioners to rezone the property

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the rezoning decision. Such a change, along with a mistake in zoning, is the basis by which county commissioners justify rezoning decisions. The panel cited the construction of the Casino at Ocean Downs, the approval of a bowling alley and movie theater on the Ocean Downs property, and authorization of a 60-lot subdivision on property owned by developer Marvin Steen adjacent to the Burbage parcel as factors that indicated changes in the neighborhood. It then systematically reviewed each of those factors in affirming that the commissioners had a basis to decide as they did. In the case of the casino, the panel cited testimony by County Attorney Sonny Bloxom who described how the casino had evolved from a “simple venue that’s open two or three months during the summer evening time for racing, now to a casino that’s open 24/7 with all of the traffic that comes and goes every day of the year, 24 hours a day.” The panel also noted that Silver Fox had argued that “slot machines were an unanticipated change” after the 2009 rezoning, while the appellees contended that the commissioners knew prior to a 2009 comprehensive rezoning “that the casino had been approved” and that Ocean Downs, prior to the establishment of the casino there, “was open for more than 320 days for off-track betting.” The panel said it was “at least fairly debatable” for the commissioners to conclude “that the opening and operation of the casino represented a substantial change in the neighborhood.” The panel said the commission, at the time of a 2009 comprehensive rezoning, knew that a slots license had been issued to the owner of Ocean Downs and that by 2012 “racing interests were more than poised at the gate. A large and unique facility was in place and in operation. “Moreover, by the time the commissioners granted the rezoning request,” the panel wrote, “the (Maryland) General Assembly had enacted legislation that contemplated that Ocean Downs and the other sites would become genuine casinos with table games and enter-

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OCEAN PINES

August - Early September 2014

Christmas Child

Throughout July members and friends of Community Church celebrated Christmas in July by filling shoeboxes for Operation Christmas Child. These boxes, filled with toys, hygiene items, and school supplies, were sent into 120 countries during the Christmas season. Pictured are volunteers who assembled over 150 shoeboxes for the project: (L-R) Louise Lassiter, Janice McTernan, Phil Lassiter, and Barbara Rusko.

Medical campus From Page 27 tainment.” The panel concluded that “it is hard to think of a more substantial change in a neighborhood.” The panel similarly agreed with the

commissioners when they found “cumulative change” in the neighborhood because of design waivers granted for a bowling alley and movie theater on parcels within the Ocean Downs property. The appellees had argued that Bloxom, the county attorney, had at one time said such design waivers did not constitute a

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neighborhood change. The panel said commissioners are entitled to consider projects that “are reasonably probable of fruition” sometime in the foreseeable future in making zoning decisions. Regarding the Steen property, which was rezoned to single-family residential from A-1 agricultural as part of the 2009 comprehensive rezoning, the panel said it, too, could be considered as evidence of a change in the character of a neighborhood. “We find when considered cumulatively with the opening and operation of the Casino and the design waivers for the bowling alley and movie theater, the change in zoning of the Steen property contributed to a fairly debatable change in the neighborhood,” the judges wrote. The panel then went to consider other factors that could justify a rezoning change, including population changes and availability of public facilities, neither of which were issues of contention in the case. Another factor, supposed traffic congestion that rezoning opponents said would occur, was dispatched by the judges, who ruled that the commissioners had made a “sufficient finding” with respect to traffic patterns. The commissioners had determined, with minor configuration changes at one

intersection, that all intersections in the neighborhood would continue to operate at a minimum rating of C, acceptable under the county’s comprehensive plan and State Highway Administration guidelines. The appellees had argued that the commissioners had not based their traffic findings on the evidence, that no plans for Route 589 improvements or funding have been identified, and that the commissioners had no evidence to assume that increased traffic would be mitigated by the potential jobs that might result from the rezoning. The panel said proposed improvements to Route 589 are “reasonably probable to occur in the foreseeable future” and that the commissioners had relied on testimony from a traffic engineer in determining that Route 589 will be able to accommodate additional traffic that might be generated from the rezoned property. The panel further determined that the commissioners had made a “sufficient finding that a majority of the mixed use in the neighborhood is residential and commercial that is not “compatible with agricultural uses,” that the property does not lie in an environmentally critical area, and that the parcel is “too small to be productively farmed and residential use was not desirable.”

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Pines bursting at the seams with meeting space needs, Thompson tells board includes staff and community members to help develop a system for allocating meeting and activities space based on the type of group that is requesting use of the OPA’s facilities. “We’re going to review our policies for the use of all of the facilities, make sure how we’re doing it is appropriate,” Thompson said. The goal is to classify all clubs, groups and organizations by certain criteria, such as non-profit, civic, social or community group, so staff will have clear guidelines for assigning the space. Also, when new applications for use of OPA space are received, staff will then review them to ensure that the groups meet basic criteria for reserving space and then assign them to one of the pre-approved designations. “We need to clearly identify where they fit in and then bring that back to the board to look at,” Thompson said of all groups that want to use the facilities. Along with a new use policy will come a

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new fee structure as well. Once he has board approval, then Thompson said he plans to implement the new space reservation system this fall. Director Marty Clarke asked if the starting point for this space allocation review is going to be the board resolution that’s already in existence. Thompson responded that the committee will begin by looking at resolution M-02, which already includes some space allocation policy information. “But it doesn’t quite get as deep” as the OPA now plans to when determining who can use the facilities and how much

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they must pay to do so, he said. That resolution contains a section regarding scheduling for use of the amenities but simply says that the general manager has the authority to control the reservation of the facilities. It states that the general manager will decide which amenities are appropriate for schedule or regular periodic use and which ones are appropriate for reserved or one time use or both. “Prior to the beginning of each calendar year the GM shall initiate and execute the process for reserving and scheduling amenities for the coming year. Public notification shall provide interested organizations at least 30 days to apply,” the resolution states. The current priority use list includes the board of directors, OPA meetings, OPA departmental programs and events, Ocean Pines community organizations, OPA members or residents, nonOPA community organizations and then businesses and other persons.

OPA FINANCES

June’s OPA operations hit budget target By TOM STAUSS Publisher une, the second month of the 201415 fiscal year, produced net operating results for the Ocean Pines Association that were spot on relative to budget. The operating deficit for June was $320,701, not including new capital expenditures. That was a miniscule $229 less than the budgeted loss of $320,929. For the year through June, the Ocean Pines Association’s operating surplus is $4,358,432, $65,313 less than budgeted. New capital spending, for items and projects that are funded directly out of current year assessments rather than allocated reserves, was over budget for the month by $4,475. That pushed the month’s operating fund into deficit territory, with a negative $4,246. [The departmental summary published on this page excludes new capital spending from net operating results.] With the exception of Beach Club food and beverage operations and Beach Club parking, all amenity departments lost money for the month. Compared to budget, all amenity departments except aquatics, Beach Club food and beverage, and marinas underperformed. Aquatics was the perhaps best performer of the month relative to budget, with a $14,590 positive variance to budget. Marina operations had a $3,470 positive variance, followed by the Beach Club’s $241 positive variance. All other amenity departments had negative variances to budget. The worst performing amenity department for the month relative to budget was golf, with a $30,859 negative

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variance, followed by the Yacht Club’s $18,155 negative variance. Both golf and the Yacht Club lost money in actual terms in June. Golf lost $6,328 and the Yacht Club lost $6,831. Golf was budgeted to earn a $24,531 surplus in June but lost $6,328, for a $30,859 negative variance to budget. Beach Club parking passes continued as the OPA’s amenity cash cow, generating a $93,384 surplus for the month. Parking pass revenue missed its budget target for the month by a modest $1,124. Most parking pass revenue is booked in May. Cumulatively, the OPA has generated $373,939 in parking pass revenue, a $5,756 positive variance over the budgeted $366,183. All three racquet sports lost money for the month, albeit by relatively small amounts, and also produced modest negative variances to budget. Year-to-date, all amenity departments are in the black, with the notable exception of the new Yacht Club, which has a cumulative actual deficit of $43,397 for the first two months of the fiscal year. The bright side financially in Yacht Club operations are cumulative total revenues, which have exceeded budgeted targets by significant amounts. The positive variance to budget in total revenues was $56,470 for June and $30,839 for the first two months of the fiscal year. After food and beverage costs are subtracted, the net revenues aren’t quite as positive, $185,654 compared to the budgeted $165,220, for a $20,434 positive variance in June. Cumulatively through June 30, net revenues at the Yacht Club

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By ROTA L. KNOTT Contributing Writer ven with a nearly new Community Center and a new Yacht Club available, along with a not-so-new Country Club whose upper level sits unused most of the time, the Ocean Pines Association is struggling to meet all of the requests from local clubs, groups and organizations for meeting and activities space. “We’re having a lot of space allocation issues. It’s been coming up the last couple of months where we’re just running out of space with the amount of requests that are coming in,” OPA General Manager Bob Thompson told the Board of Directors during a July meeting. He said staff is in the process of reviewing the policies that are currently in place for use of the OPA’s meeting spaces. But, he said there are a number of groups that want to use “what facilities are available.” The combination of a limited amount of usable space available and a significant number of requests for use of the facilities is creating some challenges. “There also seems to be some ongoing confusion on who has the right to use what facilities. Who has the right to use them free? Who gets charged? Those types of things,” Thompson said. He said he is assembling a team that

August - Early September 2014 Ocean Pines PROGRESS


OCEAN PINES

August - Early September 2014

From Page 29 were $266,707, just $1,263 more than the budgeted $265,444. Interestingly, both banquet food and banquet beverage underperformed relative to budget, with $3,799 and $8,536 negative variances, respectively, on revenues of $53,801 and $10,664. In contrast, regular food revenue of $161,505 exceeded the budgeted $105,600 by $55,905. Beverage revenue of $74,349 beat budget forecasts by $11,949. Cumulatively, though, the banquet numbers are very close to budget, as May was very positive for the banquet business. Hurting overall performance at the Yacht Club are operating expenses, mainly in the area of wages and benefits and services and supplies. In June, wages and benefits exceeded budget by a substantial $25,854, and service and supplies were $8,939 over budget. Utility expense exceeded budget by $3,488. The year-to-date numbers for the Yacht Club show a similar picture. In remarks at the OPA Board of Directors meeting July 23, General Manager Bob Thompson conceded that cost of sales exceeded industry standards but said much of that is attributable to start-up costs, when management went to extra lengths to insure sufficient staff for the new amenity’s opening weeks. Marina operations did well in June,

OPA Net Financial Operations through June 30, 2014

beating budget forecasts by $3,470. Year-to-date actual revenues through June were $139,397, behind budget by $9,541. Golf ’s underperformance for June, and cumulative underperformance for the first two months of the fiscal year, mostly was produced by greens fees and cart fees from non-member play that

failed to meet overly optimistic budget projections. Greens fees in June missed budget by $21,380 and cart fees by $10,236, followed by Tern Grill food revenues with a $6,375 negative variance to budget. Through the end of June, greens fees were lagging behind budget by $41,410 and cart fees had missed budget by

$24,742. Food’s cumulative negative variance was $12,237. In contrast, member dues revenue held up relatively well in June, missing its budget target by a modest $816. For the first two months of the fiscal year, member dues are only $2,331 behind budget.

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30 Ocean Pines PROGRESS OPA finances


OCEAN PINES

August - Early September 2014 Ocean Pines PROGRESS

31

OPA reserves drop a tad to $5.79 million in June By TOM STAUSS Publisher he reserve summary released as part of the June financial report shows that the Ocean Pines Association’s allocated reserve balance dropped in June to $5,786,683 from May’s $6,003,165, which had reflected the annual contribution from assessments that traditionally is recorded in the first month of the fiscal year. Most of the reduction is attributable to activity in the major maintenance

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OPA finances From Page 30 Billy Casper Golf, the golf course management company, managed to beat budget forecasts for operating expenses. Labor cost $78,335 against the budgeted $81,228, a $2,893 difference. Total expenses for the month were $145,657, compared to the budgeted $152,268, a $6,611 difference to the good. Through the end of June, golf expenses totaled $298,995 against the budgeted $305,727, a $6,732 difference. For those of the half-full persuasion, golf in the first two months of the fiscal year has an actual surplus of $43,282. On the flip side, the budget called for a $109,135 surplus. The cumulative negative variance through June was $65,853. Thompson said he believes golf operations will close that negative variance and perform closer to budget during the summer months, when non-member play is not as much a factor. BCG allocates member revenue equally throughout the 12 months of the fiscal year, so this category of revenue should hold up well relative to budget. Although aquatics lost $9,442 in June, this loss beat budget forecasts by $14,590. Total revenues, driven by robust cash fees and swim class revenue, exceeded budget by $10,330. Swim classes produced $16,131 in revenue, against the $9,500 budgeted, for a $6,631 positive variance. Cash fees in June hit $30,170, compared to the $20,500 budgeted, for a $9,670 positive variance. In contrast, electronic debit card revenue of $13,711 missed its budget by $3,289 and member dues were off by $2,693. Relative to budget, aquatics is in decent shape, lagging behind budget by $13,653. Aquatics operating surplus through the end of June was $75,370, more than $13,000 ahead of where aquatics was at the same time last year. Status of reserves – The reserve summary released as part of the June financial report shows that the OPA’s allocated reserve balance dropped in June to $5,786,683 from May’s $6,003,165 balance. The annual contribution from assessments traditionally is recorded in May, the first month of the fiscal year. Status of balance sheet – There was no balance sheet released with the June financial report.

Bulkhead and waterways reserve climbs to $1.5 million balance, which compares to roughly $800,000 spent on bulkheads each year and replacement reserve, which as of May 31 had a balance of $4,754,531, reflecting the full annual transfer from lot assessments into this fund. By the end of June, the balance in this reserve fund had declined to $4,544,081, reflecting capital spending for the year of $519,536. At the end of May, capital spending totaled $306,261. All of the other OPA reserve funds – bulkheads, future projects, road, golf drainage, and operating recovery -were unchanged or only insignificantly changed from May. The bulkheads and waterways reserve balance stood at $1,514,070, the

future projects reserve had a deficit of $60,147, the roads reserve totaled $293,699, the golf drainage reserve had a deficit of $640,243 and the operating recovery reserve had a surplus of $135,223. The operating recovery reserve had been zeroed out last year, on the theory that previous year deficits had been sufficiently offset by subsequent surpluses, but the OPA Board of Directors earlier this year, perhaps without realizing it, authorized $135,152 from the current year’s assessment to be allocated to this previously zeroed reserve. Last year, according to audited fi-

nancial reports, the OPA produced a $14,000 operating surplus. This year the OPA is budgeted to break even. Had the directors scrapped the operating recovery reserve after it had been zeroed out, rather than adding $135,152 to it this year without any explanation to the OPA membership, the OPA assessment could have been reduced by about $16 or more than the $5 decrease that actually occurred. The bulkhead and waterways reserve also appears to contain a balance that is very high by historic standards. The $1,514,070 balance compares to roughly $800,000 or so in annual bulkhead replacement costs which are paid out of this reserve. At the end of the 2014 fiscal year, the bulkhead reserve balance stood at $704,792. It grew by $822,367 in May, reflecting the new fiscal year’s revenue from the waterfront lot differential.

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After discussion, directors agree to task general manager with delivering a summary of possible changes in guidelines, restrictions and procedures dealing with junk vehicles, overgrown landscaping and ‘un-maintained/abandoned’ homes suggestion too, asking, “Is there something different here that the board’s requiring?” He added that earlier during that same meeting, the board had agreed to begin forwarding such cases to the OPA’s legal counsel, Joe Moore, for his office to more aggressively purse injunctions against the property owners in court. Moore told board members that the only way to really determine what the courts will accept as junk vehicles, for example, is to take a few cases to court and see what happens. That will give the OPA a better idea of which cases to pursue in the future and which ones the

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judge may simply throw out of court. “It’s the spirit,” Collins responded to Thompson’s inquiry. He said some properties are not properly maintained. “If you drive around Ocean Pines and you look at some of these homes, you scratch your head and say to yourself, why are these people not neighborly?” The OPA needs to be more active in addressing such issues, he said. Director Marty Clarke said the only way to measure the success of such an objective would be to do an inventory of outstanding properties with problems and see if that number goes down. Director Jeff Knepper, who drafted

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Board tasks Thompson with achieving series of non-financial goals

the objectives, said the goal would be to take whatever legal advice is handed down from the judge when a case goes to court and incorporate that information into the OPA’s guidelines and restrictions as they related to issues like junk vehicles and poorly maintained lots. “We should then take their knowledge and our work and write that down somewhere,” Knepper said. “That’s what I was thinking about when I was looking at this.” Knepper argued that the deliverable product from the general manager would then be based on Thompson’s ability to condense whatever knowledge is handed down through the court system into a readable form for presentation to the board. He suggested that the internal procedures for accomplishing such an objective may be “nothing more than editing and reaffirming of what we have” already in place. Collins also suggested including an objective that requires the general manager to improve communication with all board and association members. He wanted that to happen by having Thompson more actively return phone calls, respond to emails, and address issues brought to him by either the board or OPA members. He also wanted written notice posted three days prior to board meetings of items to be discussed

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By ROTA L. KNOTT Contributing Writer n addition to ensuring the financial stability of the Ocean Pines Association for the current fiscal year, the general manager has been tasked by the Board of Directors with completing a variety of other projects over the next 12 month period, including technology improvements, public works efforts and capital planning. Beyond the financial and budgetary objectives already established in the general manager’s contract, the board is establishing other high level objectives for this year. During a July 29 special session, the board reviewed and approved a series of six non-financial objectives, to which the core amount of General Manager Bob Thompson’s annual bonus will be tied. The directors initially seemed to indicate that they might not include one of the items on the list, delivery of a summary of suggested changes in the way the OPA enforces guidelines and restrictions regarding junk vehicles, overgrown landscaping and poorly maintained or abandoned homes. But after discussion, the directors decided to include it on the list that they adopted unanimously. Initially, Terry said he wasn’t clear on what would be the “deliverable” on which Thompson would be evaluated. Thompson seemed confused by the

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32 Ocean Pines PROGRESS


OCEAN PINES Objectives From Page 32 at any regular meetings. Other board members shot down those suggestions and said that is already happening whenever possible. “The communications to the board of directors is already part of the evaluation process,” Terry said. The first objective approved by directors is for the general manager to deliver to the board an internet technology plan for updating the OPA’s computer network. The success of that objective will be measured by the project’s completeness and accuracy as of January 2015. A second task for Thompson is to coordinate with Worcester County to represent the association’s interests in the Water and Wastewater Division’s water line replacement program, and to develop and implement an OPA plan for oversight. Terry said the general manager’s success will be evaluated based on the quality and implementation of that plan, which is likely to take place this fall. However, he acknowledged that the timing is not entirely in Thompson’s hands. “It depends on when the county actually starts digging lines this year,” he said. Another objective for the general manager this year is to create an updated capital improvement plan for presen-

August - Early September 2014 Ocean Pines PROGRESS

33

Fishing contest winners

The Ocean Pines Anglers Club hosted the 18th annual Art Hansen Memorial Youth Fishing Contest on a cool but pleasant Saturday morning in July. Seventy-six youth participated in three age groups ranging from 4 to 16.The contest was held at the South Gate pond in Ocean Pines. The young anglers managed to pull close to 100 fish from the pond which were measured and tallied by Anglers Club members. Trophies and rods and reels were awarded to the top anglers but every youth that participated received a prize thanks to the support of event sponsors. Shown left to right in the photo are the 1st place winners in each category: Alayna Adkins, largest fish, 4-7; Gabriel Vitak, most fish, 4-7; Jacob Ehm, most fish, 8-11; JD Francone, largest fish, 8-11; Blake Harden, largest fish, 12-16; and Tyler Wright, most fish,12-16. tation to and consideration by the board. Again Thompson’s achievement will be measured by the board’s determination that he has completed a plan that will take the OPA through the year 2020. That revised CIP is due to the board by the end of this year. Successfully operating the new Ocean Pines Yacht Club is a fourth objective, which will be measured by criteria such as the quality and speed of service offered to diners, the quality of the food served and completion of the

actual building construction. The board is expecting to receive monthly updates in the general manager’s report on the Yacht Club. In the fifth objective, Thompson is to complete a drainage strategic plan and to continue the drainage team operations. The success of his work will be measured by responsiveness to drainage complaints in the community and the quality of operation of the work to rectify the situation, along with the quality of a long-term plan of action to address

the OPA’s needs. While the drainage crews are already working to address problem areas, the board expects to receive the overall strategic plan by March 2015. Finally, the approved list of objectives directs Thompson to draft a summary of suggested changes to the procedures used in enforcing guidelines and restrictions regulating junk vehicles, overgrown landscaping and “un-maintained/ abandoned homes” no later than December of this year.

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OCEAN PINES

August - Early September 2014

Audit report shows $14,746 FY surplus, $359,373 amenity deficit

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ocuments released during a meeting of the Board of Directors in July confirmed what essentially was old news – the Ocean Pines Association squeezed out a $14,746 operating surplus for the 2014 fiscal year that ended this past April 30. At the board’s July monthly meeting, Assistant OPA Treasurer Pete Gomsak reviewed two schedules that he prepared in anticipation of the

annual meeting Aug. 9, when the prior year’s financial performance typically is reviewed by the OPA auditors. One schedule showed the $14,746 surplus, with amenity departments losing $167,897 for the year. The negative variance to budget of the amenity departments was $359,372. The second schedule depicted amenity departments in detail. Golf lost $326,047 last year, the Yacht Club lost $189,960, Aquatics lost $194,684, and tennis lost

$19,188. These losses added up to a $729,879 deficit for the year. Three other amenity departments produced surpluses for the year. Marina operations were in the black by $109,036, the Beach Club generated a $78,049 surplus, and Beach Club parking, the OPA’s perennial cash cow, had a $374,897 surplus. Cumulatively, these three departments were $561,982 in the black. When combined, the resulting amenity deficit was $167,897. They had been bud-

geted to make $191,475. Gomsak was asked why he hadn’t presented schedules that showed results compared to last year. He replied that the audit report does not normally show year-over-year comparisons. In the week preceding the annual meeting, Gomsak was working on amending the schedules to include a column for Fiscal Year 2013 results. He was intending to have them ready for presentation at the annual meeting.

SUMMARY OF OPERATING FUND AUDITED FINANCIAL RESULTS FISCAL YEAR 2014 ACTUAL COMPARED TO BUDGET AND FY 2013 ACTUAL EXCESS OF REVENUES (EXPENSES) FAVORABLE FY 2014 (UNFAVORABLE) TO FY 2013 FY 2014 FY 2013 ACTUAL BUDGET ACTUAL BUDGET ACTUAL $4,615,861 $4,749,278 $4,749,278 $0 $133,417

ASSESSMENT REVENUE OPERATING DEPT. & EXPENSES POLICE FIRE/EMS

((1,074,680) , , ) (577,332) (1,652,012) (1,465,903) (473 791) (473,791) (1,040,541)

91,170 , 92,605 183,775 5,060 (5 645) (5,645) 199,124

((1,961) , ) 217,202 215,241 (62,021) (3 420) (3,420) 3,513

TOTAL OPERATING DEPTS. (4,632,247) (4,861,248) (4,478,934) 382,314 AMENITIES (302 137) (302,137) 191 475 (167,897) 191,475 (167 897) (359 (359,372) 372)

153,313 134 240 134,240

AMENITIES & DEPARTMENTS

PUBLIC WORKS/MAINTENANCE RECREATION & PARKS OTHER

((1,167,811) , , ) (452,735) (1,620,546) (1,532,984) (471 566) (471,566) (1,236,152)

((1,076,641) , , ) (360,130) (1,436,771) (1,527,924) (477 211) (477,211) (1,037,028)

(4,934,384) (4,669,773) (4,646,831)

22,942

287,553

(87,701)

(8,196)

35,582

TOTAL EXPENSES (5,057,667) (4,749,278) (4,734,532) EXCESS OF REVENUES (EXPENSES) BEFORE NON-RECURRING TRANSFER $(441,806) $0 $14,746

14,746

323,135

$14,746

$456,552

NEW CAPITAL AND DEBT PMTS.

(123,283)

(79,505)

Source: OPA Assistant Treasurer Pete Gomsak

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August - Early September 2014 Ocean Pines PROGRESS

35

Ocean Pines’ first ten years: a summary of milestones The following is reproduced from a publication prepared for Ocean Pines’ tenth anniversary in 1978 by Ocean Pines residents Alta Weiss and Tom Stauss. It was written by Alta Weiss.

Riding into history

The Ocean Pines equestrian center was located on the two-acre undeveloped site just west of Ocean Pines library and post office branches. in Ocean Pines, representing an estimated initial investment over and above initial land costs of $15,240,000. In October, 1973, the first five-member Board of Directors for the Ocean Pines Association, Inc. was elected. This act made property owners truly responsible for their business affairs. The Board of Directors was later increased in size to seven members. The OPA was formed as a non-profit corporation, without capital stock, under the provisions of the general laws of the state of Maryland, to establish a cooperative maintenance system, governed and operated by the owners of the residential units in the community to promote the community welfare. The Board of Directors selected a community manager to handle the operational work of the development. May 25, 1974, was the dedication ceremony date for the opening of the Community Center complex in White Horse Park, which housed the administrative staff, police and fire departments, along with a Community Hall for civic, organizational and cultural activities. The spring of 1975 was highlighted by the opening of two additional amenities by Boise Cascade – Mumford’s Landing Yacht and Tennis Club, and the Sports Core pool/ Earlier in the year, Boise Cascade entered into an agreement of sale with Club Corporation of America, which took over management of Ocean Pines amenities and created the umbrella title, the Clubs at Ocean Pines, Inc. Commencing on Jan. 1, 1976, the right to appoint, remove and reappoint all members of the Environmental Control Committee became a function of the Board of Directors of the OPA. The member of the ECC formerly appointed by Boise Cascade was replaced by a

member of the OPA. The U.S. Department of Housing and Urban Development (HUD) announced in 1976 that it would accept applications for mortgage insurance for existing lots in Sections 1 through 11 and Sections

13, 14,14D and 15A of Ocean Pines. With HUD recognizing the subdivision as an established, year-round community, and FHA mortgage insurance becoming available, Ocean Pines was to experience an ever-increasing housing boom and increasing year-round population. Early in 1976, a special Task Force was authorized by the Board of Directors to conduct a thorough study of the present and future status of amenities in Ocean Pines. The Task Force submitted its conclusions and recommendations to the Board in July. As a result of the Task Force’s report, the OPA president was authorized to appoint a negotiating team to meet with representatives of the Clubs of Ocean Pines and Boise Cascade to consider terms for the conveyance of the clubs to the OPA. The year 1976 saw significant growth in home construction, with a new home being approved for construction on the average of one every other day. Turn-over to the association from Boise Cascade of the streets, drainage areas and parks was virtually completed during this year. In the area of fire protection, a program for the installation of

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he original patent of Buckland covers most of the area known today as Ocean Pines. This parcel of land came into possession of Francis Jenkins Henry very early in the 1700s. Through marriage it came into the possession of John Selby Purnell. Later the property was inherited by Margaret Campbell Purnell, who married Edward G. Kenly. Two of his daughters married, one to a Henry and the other to a Purnell, allowing the property to return to the Henrys and Purnells. Descendants of these families continued to retain ownership of the bulk of the land that is Ocean Pines today. In 1968, Maryland Marine Properties, Inc., a subsidiary of the United States Land Corporation, acquired the Buckland tract from Mrs. Henry and Mrs. Purnell. The bulk of this parcel, which soon was to become known as North Ocean Pines, along with several parcels in the southern area, were included in the initial purchase. Maryland Marine Properties was soon acquired by Boise Cascade Home and Land Corporation, which purchased additional parcels in the southern section of what was to become Ocean Pines. Boise Cascade spent in excess of $48 million developing the subdivision. The year 1969 saw the first homes constructed in Ocean Pines. The Ocean Pines Pioneers, an informal association of those with homes in the community, was organized. This group assisted in the promotion and development of Ocean Pines as a year-round residential resort. The community received its first year-round residents in 1970. The Beach Club and Information Center, located at 48th Street in Ocean City, became fully operational in 1971. Here, members had use of the beach, boardwalk, swimming pool and clubhouse facilities. Two other recreational amenities were also completed during this year – the Swim and Racquet Club and the Equestrian Center (located on the Route 589 parcel just west of today’s Ocean Pines post office and library branches). This added another swimming pool, clubhouse and four tennis courts. The stables provided for the boarding of horses, riding and show rings and trails. (The trails exist today. The equestrian center was torn down in the 1980s.) Another amenity was added to the growing community with completion in 1972 of a championship 18-hole golf course designed by Robert Trent Jones, Jr. A clubhouse and two lighted paddle tennis courts were also included in the design. Borderlinks I condominiums, overlooking three golf course fairways, were built and offered for sale by Boise Cascade. As of September, 1973, there were 508 homes either built or under construction

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OCEAN PINES

August - Early September 2014

A look back From Page 35 additional fire hydrants was undertaken, along with the purchase of a second fire truck. Early in 1977, it was announced that Country Clubs of America (CCA) would operate the Clubs at Ocean Pines for the upcoming season. The consulting firm retained by the association, the Arthur D. Little Co., recommended to the Board of Directors that club management by CCA continue at least for 1977 pending completion of club turn-over negotiations. In June of 1977, the Board of Directors authorized the negotiating team for club turn-over to retain an engineering firm to study the condition of recreational amenities in Ocean Pines. Two task forces were also formed from the negotiating team, one to prepare a market analysis and the other to investigate managerial aspects. Toward the end of summer, 1977, the Worcester County Commissioners agreed to provide the Ocean Pines Volunteer Fire Department with a share of county fire funds, provided the department was not under the control of the OPA. The boards of directors of the OPVFD and the OPA unanimously voted during meetings of July 16, 1977, to separate the fire department from OPA’s control, thereby establishing the OPVFD as an independent entity. After several months of study, consultation and preliminary negotiations, further steps were initiated toward entering into a contract with Lower Delaware CATV, Inc., to provide cable service to the subdivision for the first time. In a lengthy and detailed report submitted to the board and read to the property owners at the annual meeting of the OPA on Sept. 3, 1977, the club turnover negotiating team outlined its past work and its basic conclusions as to the future of the Ocean Pines club amenities. Jan. 1, 1978, was the proposed date for the conveyance of the amenities to the association, after which full ownership and operational responsibilities for them would reside with the OPA. Among the recommendations by the task force was that the board authorize the immediate start of negotiations with responsible parties for professional management of the clubs. In November, two important agreements were signed regarding the clubs. The first provided for the imminent transfer of all recreational amenities to the OPA, and the second established the concept of a single manager for the OPA’s existing affairs as well as the newly acquired amenities. On Jan. 5, 1978, Evan Anderson, president of the OPA and Seymour Stanton, Eastern regional manager of Boise Cascade, announced the formal signing of documents transferring ownership of the clubs to the OPA. At its March, 1978, board meeting, the directors took action as part of the adoption of OPA’s 1978-79 fiscal year

budget to continue the experimental method of operating the entrance gates to the subdivision that began in November of 1977. Information and referral personnel would be provided at the entrance gates from 9 a.m. to 5 p.m. seven days a week. The decision to eliminate staffing of the gates after 5 p.m. was made by the board after it had given consideration to a variety of questions concerning gate operations over the previous five years. During the years, a variety of civic, cultural and committee groups were established to meet the needs and accommodate the interests of property owners. As of 1978, the OPA had nine standing committees and 15 organizations in operation. Increased use of the existing facilities demanded expansion of the Community Center in order to accommodate the needs of those involved in community activities. Construction of a 2,800

square foot addition to the Community Center began in late March, 1978, and was completed by August. The Community Hall was expanded from a capacity of 250 to 400 people, with additional office space provided for OPA staff. Through 1978, a total of approximately 1,000 undeveloped acres, divided into ten sections, ranging in zoning from R-2 to B-2, remained under the ownership of Boise Cascade, which had assured the community that development of its remaining acreage (the Innerlinks, land near the Ocean Pines Yacht Club, and sections in the southern area of Ocean Pines) would follow existing lines. [Most of these sections remained undeveloped until the late 1990s and early 2000s.] Ocean Pines encompasses approximately 3,500 acres of former farmland and woods, with over nine miles of waterfront and waterways on the St. Martin River and the Isle of Wight Bay. State Route 90, the northern access route to

Ocean City, bisects the subdivisions into northern and southern sections. About 6,700 lots had been developed in Ocean Pines’ first ten years, with about 6,550 having been sold. Home construction increased steadily. The formal acquisition of club amenities in January of 1978, as well as the appointment of an executive director (Charles Marshall), verified the association’s maturity. The OPA has title to numerous parks, green areas, ponds and canals for the common use of all residents. All developed lots in Ocean Pines are served by public water and sewer, underground telephone and electric lines, and surfaced roadways. Of the total lots platted, 98 percent were sold in the first ten years, with 20 percent of the lots on the water. In its tenth year, Ocean Pines hadabout 1,100 homes built, under construction or approved for construction.

Don’t believe it? In the days before state bureaucrats in charge of inspecting pools started squeezing fun and risk, there were diving boards at all the Ocean Pines pools, including a high dive at the Sports Core pool. The low dive finally was removed in 2007, when the Sports Core pool was enclosed and turned into a yearround amenity.

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WORCESTER COUNTY Changes to plans for the construction of a new force main water line in Ocean Pines were approved by the Worcester County Commissioners at a July 22 meeting. They endorsed a proposal modification from the firm of EA Engineering, Science and Technology to the design of a new force main to include two 8-inch sections of piping totaling about 9,000 linear feet. The change will help eliminating a bottlenecking of the water system, which is caused by the small size of the existing 6-inch lines. The of the design and bid phase of the project is $47,770.

Security cameras coming to county’s OP offices

At a cost of $12,930, the Worcester County Commissioners have agreed to install new security equipment at the Water and Wasterwater Division’s offices in Ocean Pines. The commissioners at a July 22 meet-

AROUND THE COUNTY ing waived the standard bidding process and accepted a proposal from Absolute Security Group Inc. of Salisbury, the county’s current security system vendor, to install new security cameras and recording equipment at those offices. John Tustin, county public works director, said the equipment will replacing aging security equipment that is no longer functional and will enhance the video surveillance coverage at the site.

Butts named tourism social media guru

Keyanna Butts has been hired as the new social media coordinator for Worcester County Tourism. “I’ve always had a love for the area and online media, so I am very excited to collide these two passions in my new role as social media coordinator for Worcester County Tourism,” Butts said. “I look forward to continuing to advance and grow their online media presence in

creative and engaging ways.” Butts is a Howard University graduate, with a Bachelor of Arts in broadcast journalism and communications. She is a professional writer and blogger experienced in developing editorial content for print and online media as well as web content for local boutiques. Prior to joining Worcester County Tourism, she served as national media representative for Maranatha Inc. (Joy 102.5 and the Manna). In her spare time, Butts enjoys going to the beach and spending time outdoors.

County invites public to summer blood drive

Worcester County will hold a blood drive Friday, Aug. 22, from 9 a.m. to 2 p.m. in the third floor training room of the Worcester County Government Center in Snow Hill. The blood drive is open to both county employees and the public. Donors are required to show a photo

37

ID or two other forms of ID. They must be at least 17-years-old, weigh at least 110 pounds, and be in general good health. Worcester County committed to provide a minimum of 50 blood donors to help the Blood Bank of Delmarva during the summer months when blood donations typically run low. Call 410-7494161 to schedule an appointment or visit delmarvablood.org.

Tourism office holds photo contest

Worcester County Tourism is holding a #BestWorCoSummer Instagram Photo Contest. Those entering photos are eligible to win an Electra Beach Cruiser from Continental Cycles in Ocean City and a GoProHero 3+ camera. Follow @beachandbeyond on Instagram. Snap a great picture that shows what you love about Worcester County and hashtag #BestWorCoSummer and @beachandbeyond. Be sure to mention where in Worcester County you took the photo and email a high resolution jpeg

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Force main design modification approved

August - Early September 2014 Ocean Pines PROGRESS

OPA, county to jointly deal with drainage ‘hotspots’ By ROTA L. KNOTT Contributing Writer fforts to rectify long-standing drainage problems in two areas of the community are moving forward, with Ocean Pines Association and Worcester County officials and staff meeting to develop a plan to address stormwater issues along St. Martin’s Lane and Pinehurst Road. General Manager Bob Thompson during a July 23 meeting told the Board of Directors that an ad hoc drainage team had met to review numerous areas in Ocean Pines that are plagued by slow drainage systems. As a result of those meetings, a small team comprised of Worcester County Commissioner Jim Bunting and county employee Bob Shockley will be working directly with Thompson and the OPA Public Works Director Eddie Wells to look at the two “hot spots.” One of those hot spots is around St. Martins Lane, which connects Ocean Parkway to Beauchamp Road near White Horse Park. Thompson said in that area “everything drains to there and stops instead of crossing over” to the main stormwater flow along Beauchamp Road. The second location targeted for special attention is Pinehurst Road, where two areas create a back-up in the community’s stormwater system. “We went through that in some great detail,” Thompson said of the committee’s review of those two problem areas. He said Bunting, a land surveyor by trade, felt that there could be a “relatively easy fix” to the drainage woes. The general manager said he will be very interested to learn what that may be. Thompson said that group of four will meet to discuss a plan for those hot spot

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areas and then he will schedule another full drainage committee meeting where the potential solutions will be presented and discussed with the group. Meanwhile, Thompson said the public works department’s new special fourman drainage crew is up and running. “They’ve been going through section by section and mapping out every part of the sections and they’re identifying every ditch, every stormwater management area in each section,” he said. The effort involves taking photographs and creating a spreadsheet that outlines data about each drainage area. “They’re identifying everything with our drainage system as kind of the first

step to making it well,” Thompson said. Thompson said the second thing that’s occurring is all of the ditches and swales are being cut by OPA employees either by hand or by mower or by some combination of both. The crew is cleaning out the toughto-reach ditches as it moves through the community. There are also drainage areas within the community where the adjacent homeowners or sub-associations are charged with maintenance and upkeep. The crew is identifying those areas as well. “The first way of solving any of these issues is identifying what we have,”

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Thompson said. The next step is to go back through the community and address the larger issues along those difficult-to-reach-ditches, such as cutting back any overhanging trees and removing any other major blockages. That will be time consuming, too, as the OPA has about 140 miles of drainage ditches, Thompson said, adding that it is “a lot of work but the team’s at it.” He acknowledged that some residents are upset that the ditches are being cut and cleaned out. He said they were used to those overgrown ditches serving as a screen between their property and their neighbor’s.

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38 Ocean Pines PROGRESS

WORCESTER COUNTY

August - Early September 2014

New school year brings about staffing changes By ROTA L. KNOTT Contributing Writer ive assistant principals at Worcester County Public Schools will be moving to new positions for the 2014-2015 school year. The Worcester County Board of Education at a July 15 meeting announced and approved the appointments, which were effective immediately. “Shifts in positions and schools provide exciting opportunities for educators to share their talents and expertise while further developing their administrative skills,” Jerry Wilson, superinten-

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dent of schools, said. “Diverse experiences help grow the expertise of our administrators while bringing fresh ideas and practices into new settings. We believe these appointments will develop strong school teams.” Wynnette Handy, former assistant principal of Showell Elementary School, has been assigned as an assistant principal of Stephen Decatur High School. Handy has been an educator for Worcester County Public Schools for 23 years. The SDHS position was vacated by Karen White, who was assigned as the coordinator of guidance and student man-

AS SEEN IN

BUSINESS

BAYSIDE

‘Hard and fat’ crabs are store’s specialty By Nathan Brunet Staff Writer BERLIN — Country Barn Seafood, co-owned by “Speedy” Voss, sells quality carryout seafood. Maryland Blue Crabs are Voss’ specialty, which he promises will be more “hot ‘n’ heavy” and “hard and fat” than the crabs served at more popular venues around town. The specific blue crab sold at Country Barn Seafood is bigger and sweeter than most crabs served at restaurants in the area, according to Voss, who got his nickname after being born within minutes of reaching the hospital. Not only is the quality of crabs notable, but also the process in sorting crabs for purchase. Voss measures the crabs individually and separates them into baskets by size and weight. Crabs deemed large enough are put in the regular pile to be sold by the bushel or dozen, while the smaller crabs are- sold at a discounted price. “I’m the last person I know of that does that,” said Voss, who claims no one has ever complained about the size or weight of his crabs that were purchased by the dozen. He admits some small crabs may be added to bushels accidentally because of the large quantity of crabs being processed, but it does not happen often. Surrounded by crabs since he was a little kid, Voss has been a major part of local seafood businesses since the early 1970s. He has either owned or managed a number of seafood

agement systems at the Central Office in Newark. White has been an educator for 30 years, of which the last 11 have been with the local school system. Joshua Hamborsky was appointed by the Board of Education as the assistant principal of Showell Elementary School. Hamborsky has been an educator for five years, serving as a science teacher for fourth and fifth graders at Snow Hill Middle School. In June Karen Marx, former assistant principal of Ocean City Elementary School, was appointed as principal of Buckingham Elementary School. The position vacated by Marx will be filled by Julie Smith, former assistant principal of Berlin Intermediate School. Smith has been an educator with WCPS for eight years. Jennifer Garton, former curriculum resource teacher at Stephen Decatur High School, has been appointed by the board as the assistant principal of Berlin Intermediate School. Garton has been an educator for 21 years, of which the last 18 have been with the local

AROUND THE COUNTY

NATHAN BRUNET/BAYSIDE GAZETTE

"Speedy," Voss, owner of Country Barn Seafood, poses with one of his "hard and fat" Maryland Blue Crabs. Voss individually measures each crab and separates them into baskets by size and weight. According to the owner, he is the only seafood place in the area that still does so.

restaurants through his career, including Crab Alley, The Crab Bag, City Fish Co. and Supreme Seafood. After getting tired of the increasing population in Ocean City, Voss settled into the now 80-year-old barn in the late 1980s with Ken Jaworski, who is still a co-owner even though Voss performs all of the labor. In the mid-2000s, Country Barn Seafood was rented out and operated by different families at times, but it is now back to the man who started it all. “I retired five times and I’m still working,” said Voss, who is helped every day by his nephew, Marty, who began working at the restaurant in 1998 when he

was 13. Little neck clams, jumbo shrimp, scallops, fresh Maryland crabmeat, tuna and salmon accompany Voss’ crabs, as well as his crab spice that comes from a recipe that has been in circulation since 1946. Beer and wine is also available to take home. Country Barn Seafood is open daily each summer from noon until dusk. There is no set time of closure, as Voss chooses the closing time depending on how busy the market is that day. For more information, or to place an order, call 410-6415164.

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From Page 37 copy of the entry to tourism@co.worcester.md.us. And, finally, repost the contest flyer. The individual who snaps Worcester County Tourism’s favorite summertime picture wins the contest. The deadline to enter is Sept. 8, with the winner to be announced the following day, Sept. 9. All entries become the property of Worcester County Department of Tourism and can be used for promotional purposes. All entries to be considered must be determined high resolution via email by Dani@oceancity.com to be considered for the contest. Any photographs that do not meet the high resolution requirement will be disqualified from the contest For more information, contact Worcester County Tourism, at 410-632-3110 or visit us at www.instagram.com/beachandbeyond.

school system. Melissa Freistat, former extended school administrator at Snow Hill High School, has been assigned as the assistant principal of Pocomoke Elementary School. Freistat has been an educator with local schools for 13 years. The assistant principal position at PES was vacated due to a resignation. Also during the July meeting, the school board reviewed the results of the annual senior survey which was administered to all graduating seniors in the spring of 2014. The questionnaire was constructed to determine the strengths and areas in need of improvement for each school, and 373 seniors shared information about their school and the WCPS system. The results indicate that approximately three fifths of the responding students have been enrolled in local schools since kindergarten and that students are generally satisfied with their school’s instructional methods, programs, services and the availability of classes and extracurricular activities. No areas were identified as strongly problematic. A similar online survey is planned for next year. The school board also reviewed the Big Brothers Big Sisters of the Greater Chesapeake’s Workforce Mentoring program that connects the local high school with worksites at Atlantic General Hospital and the Worcester County Health Department to help “at risk” high school youth develop meaningful, long-term relationships. The objective of workplace mentoring is to improve high school graduation rates and equip youth with the skills that will make them better students, professionals and community members. Big Brothers Big Sisters of the Greater Chesapeake first partnered with the Worcester County Board of Education, Atlantic General Hospital, Worcester County Health Department and Stephen Decatur High School during the 2010-2011 school year to implement workplace mentoring.

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WORCESTER COUNTY

August - Early September 2014 Ocean Pines PROGRESS

39

State MSA test scores drop for Worcester students By ROTA L. KNOTT Contributing Writer alling it a “transitional year” because of significant instructional shifts related to the implementation of Common Core standards, officials with Worcester County Public Schools acknowledged a drop in student test scores for 2014. Scores for Worcester County students on the Maryland School Assessment standardized test dropped by five percentage points in mathematics and three percentage points in reading in a single year’s time. On July 11, the Maryland State Department of Education released the 2014 MSA results and the data confirms anticipated drops in student performance due to the ongoing implementation of more rigorous standards aimed at advancing college and career readiness. Worcester County school system officials say the test results still demonstrate high levels of student performance while reflecting a time of transition. “This past year teachers were transitioning to the new Maryland College and Career Ready Standards within new county-developed curricula, while

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administering a state accountability assessment – the MSA – based on the old standards. We are proud of our students and teachers for working hard to sustain high student performance despite misalignments,” Jerry Wilson, superintendent of schools, said. The 2014 MSA results indicate that about 90 percent of WCPS students in testing grades 3 through 8 scored “proficient” or “advanced” in both reading and mathematics, compared with 94 percent in 2013. On the 2014 MSA in reading, 92 percent of students scored proficient or advanced, compared to 95 percent in 2013. In mathematics – where the shift in scope and sequence is more noticeable – the drop was slightly more significant. In 2014, 89 percent of students scored proficient or advanced, compared with 94 percent in 2013. “MSA score comparisons between last year and this year are challenging to make,” John Quinn, chief academic officer, said. “In addition to the misalignment between what is being taught and what is being tested, full implementation of the new standards has taken place at different rates, not only between content areas, grade levels, and schools,

but also between other Maryland school districts. Quinn said that while the school system welcomes accountability, this year is not a good year to look for “apple to apple” comparisons because there are too many variables. Next year, the transition will continue and, for the first time, students will receive two mandated assessments as part of the Partnership for Assessment of Readiness for College and Careers. In 2014-2015, students will take a midyear performance based assessment in English language arts and in mathematics, administered in November and December for high school students and in March for elementary and middle school students. In addition, students will take an end-of-year assessment in both ELA and mathematics. “PARCC assessments are designed differently than the MSA; PARCC tests are designed to demonstrate deeper levels of understanding,” Quinn said. The new assessments will require students to apply knowledge to real world problems. In addition, the paper and pencil MSA will be replaced with a longer online PARCC assessment.

“We will continue to work diligently to prepare our students for these dramatic changes,” Quinn said. Preparation is already underway both systemically and at the state level. For example, while MSA was being administered to the majority of students in grades 3 through 8, PARCC pilot tests were administered to a group of students at each school. Students who took a PARCC assessment did not take the MSA in reading or mathematics. “These pilots were required as field tests to help PARCC and MSDE measure question reliability,” Quinn said. “Results of the pilots will not be released to schools or districts, and they were not administered as an accountability measure.” Wilson said progress requires change and at the same time change requires transition. “We are extremely proud of our teachers, staff, students, parents, and community for their commitment to becoming leaders in innovation, providing a world-class education to our students. I have no doubt that we are on track to better preparing our students for college and career in a globally competitive world.”


40 Ocean Pines PROGRESS

BUSINESS

August - Early September 2014

Shamrock Realty Group expands to Ocean Pines

Shamrock Realty Group, Inc. has opened a new branch office in Ocean Pines at 11022 Nicholas Lane, Suite 2A. This full service satellite office will provide added convenience to the brokerage’s Ocean Pines clientele, including prospective buyers and sellers of single family homes, condominiums, townhomes, and residential building lots. Shamrock’s main office will continue to provide full service from their location in the Grays Corner Professional Center on Ocean Gateway (U.S. Route 50) one mile west of Racetrack Road in Berlin. Shamrock Realty Group is a locally owned and operated independent company. It was founded in 2006 by local businessman Gary James, president and broker, together with Pam Wadler, sales manager and associate broker and Delaware broker. The company has expanded through the years, and currently has approximately 20 affiliated Realtor and licensed sales associates. The brokerage holds real estate li-

censes in both Maryland and Delaware, and provides real estate services throughout the Lower Eastern Shore, while specializing in the Ocean City, Ocean Pines and Berlin markets.

ABOUT BUSINESS Shamrock agents can be reached at the Ocean Pines location at 410-6415000, or the Berlin main office at 410641-3611.

Ho Feng Gardens opens OC restaurant

The owners of the Ho Feng Gardens restaurant in Pennington Commons in Ocean Pines have opened a new restaurant in Ocean City, this one specializing in sushi and large soup bowls of seafood, beef, pork and chicken. The menu isn’t as extensive as the one in Ocean Pines, but sushi lovers will be pleased and the soups are as hearty as can be found anywhere. The restaurant is called Tai Ji Sushi. It’s located at 106A Baltimore Avenue, the site of a former pizza restaurant. Lily Zhu, the manager of both the Ocean Pines and Ocean City restaurants, said she and her family decided to open the second location because, when surveying the restaurant scene in Ocean City, they noticed it was lacking a sushi shop. “Every area needs a good sushi restaurant,” she said. The new restaurant has seating in-

side and also offers carry-out to Ocean Pines with a minimum order of $15 and a $3 delivery charge. Tai Ji will be a seasonal operation, open through the end of October, she said. It’s open noon to 11:30 p.m. Sunday through Thursday, and noon to midnight Friday and Saturday. As part of its grand opening, Tai Ji is offering 10 percent off entrees and an all-you-can-eat option for $26.95. Lily’s family has owned and operated Ho Feng Gardens since 2007. Prior to that, they operated a Chinese carry-out in the Pines Plaza.

Full line pet store launched in West OC

A mother-daughter duo has opened a shop called Pet Threadz catering to pet owners in search of custom clothes, beds, leashes, all natural pet food, and more in West Ocean City. The shop offers custom pet clothes from multiple pet designers from all over the U.S. “We attend the Westminster Fashion Show each year to get new ideas and designers for the store,” Amanda Knauff, the owner, said, “so that we have an as-

sortment of what our customers love.” The idea behind the shop didn’t come from prestigious dog shows, however, but with a three pound maltese named Lillie. Like many small dogs, Lillie didn’t fit in anything Amanda would buy at big brand stores but she got very cold in the winter, so Amanda’s mom Virginia started making clothes. Virginia soon caught the attention of New York designers with her detailed work. When they won a Pop Up Contest three years ago in Cambridge, Md., for free rent in a storefront, they officially launched Pet Threadz. Many come to the store for a custom outfit designed just for their pup. They offer anything from NFL custom apparel to official pup scouts uniforms. Pet Threadz has since moved to Route 611 in Assateague Square next to O.C. Pet Spa. “Their custom outfits start at $9.99 and are great quality,” a customer comments on Facebook. Customers can visit the design room to create their own outfit. All the pet food at the store is made in the U.S. and is corn, wheat and gluten free. Some has special ingredient diets for pets with special needs. The store is open Tuesday through Sunday until 5 p.m. The phone number is 443-955-0904. The Web address is petthreadz.com.


August - Early September 2014 Ocean Pines PROGRESS

41

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42 Ocean Pines PROGRESS

August - Early September 2014

Thursday, Aug. 14 Ocean Pines Garden Club, monthly meeting, Ocean Pines Community Center, 10 a.m. Meeting topic: fall plantings. Gail Jankowski, 410-2083470. Saturday, Aug. 16 Third annual Family Fly Day, 11 a.m. - 3 p.m., Veterans Memorial Park. Huge kites from local enthusiasts as well as free kite-making for kids. Deejay. Free. Vendor inquiries, Vicki Magin, 410-641-7052, rec@oceanpines.org. Thursday, Aug. 21 Pine’er Craft Club monthly meeting, 9:45 a.m. refreshments, 10 a.m. business, Ocean Pines Community Center. Thank you luncheon, no craft this month. Friday, Aug. 22 Kiwanis Club’s annual Duck Race fundraiser, to benefit scholarships, 6 p.m., Frontier Town Water Park, Rt. 611. Prizes including $1000 for first, $300 for second or $200 for third. Tickets at $5 per duck or 3 for $10. 410-208-4108. Presence not required to win.

HAPPENINGS around the South Gate pond beginning at noon. Food, music. Saturday, Sept. 13 Star Charities “VIP Social” fundraiser, 5 p.m., Ocean Pines Community Center. RSVP tickets cost $10, and include pork BBQ dinner catered by Monty Jones of the Lazy River Saloon. Live band, door prizes. RSVP tickets, Anna Foultz, 410-6417667, or Barbara Mazzei 410-208-0430. Wednesday, Sept. 17 Worcester County County Commission candidate public forum, 5:30-8:30 p.m., Ocean Pines library. Sponsored by the Ocean Pines Chamber of Commerce Legislative Committee. All candidates running for Commissioner seats in Worcester County have been invited to answer questions posed by the Ocean Pines committee and the public. 410-641-5306.

Tuesday, Sept, 23 Atlantic General Hospital’s 21st annual Fall Golf Classic, 1 p.m., Newport Bay and Seaside courses of Saturday, Aug. 23 Oasis-Ad_01-03 Adolfo's-Ad 8/5/2014 10:37City AMGolf Page 1 Event organizers Club. Car show and parade, hosted by Ocean the Ocean Pines Chamber of Commerce, are still accepting sponsors and players. 10 a.m. - 2 p.m. Parade begins at White Team foursomes cost $1,000. Golfers will Horse Park following registration, have a choice of two formats: Best Ball on ending at the car show in Veterans Newport Bay and Scramble on Seaside. Memorial Park. Kids bike parade Live auction, including a trip for four

to the Robert Trent Jones Golf Club, in Gainesville, Va., which includes a round of golf for four and accommodations. Thursday, Sept. 25 Sixth annual Patriot Day fashion show and luncheon, sponsored by the Republican Women of Worcester County, September 25th, 2014. This year’s theme is “Never Forget – the Benghazi Four”. More details will follow. Ongoing Free Movie Monday, through Aug. 25, 8 p.m. every Monday in White Horse Park, 239 Ocean Parkway, free and open to the public. Movie-goers are encouraged to bring family and friends along with a blanket or lawn chair. Concessions for sale. 410-641-7052 for details and movie titles. Concerts in the Park, every Thursday through Aug. 28, White Horse Park pavilion, 239 Ocean Parkway. Concerts start at 7 p.m., and last approximately 1.5 hours. 410-641-7052 for band listings. This is a FREE & OPEN to the public. Concessions for sale during concerts; BYOB welcome. Family Fun Nights, Yacht Club pool, every Wednesday through Aug. 28, 6-8 p.m. DJ, food and contests. Swim members w/ID $3, non-members $5, non-residents $7. 410-641-7052. Beer and wine-making classes,

Brews Up, 9028 Worcester Highway, Berlin, Wednesdays and Saturdays and by appointment. 443-513-4744 for information and schedule. Pine Tappers free adult tap dance classes, Tuesdays, 2-3:30 p.m., Ocean Pines Community Center. Exercise and have fun with choreographed tap dancing routines. From 2-2:30 p.m., brush up on basic techniques and a review of the routines, then join the regular class from 2:30-3:30 p.m. Every week or drop-in as convenient. Lori at 410-251-2162 or tntandcompany@gmail. com. Ocean Pines Ping Pong Club, Ocean Pines Community Center, Monday noon to 2 p.m, Wednesday and Friday noon to 3 p.m. In the summer schedule changes to evenings. All levels of players welcome. Neil Gottesman, 732-773-1516. Suicide Grievers Support Group, 3rd Wednesday every month, 6 p.m., Worcester County Health Department, Healthway Drive, Berlin, adjacent to Atlantic General Hospital. Open to anyone who has lost a friend or loved one to suicide. Free of charge. Quiet listening, caring people, no judgment. 410-629-0164. The Kiwanis Club of Greater Ocean Pines – Ocean City every Wednesday at 7:45 a.m. in the Ocean To Page 44

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CAPTAIN’S COVE

August - Early September 2014 Ocean Pines PROGRESS

43

Captain’s Cove deals with CCUC asset sale issues

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cided to accept Aqua’s offer, he doubted that it would be legal or acceptable for the Cove to use the same tactics to collect unpaid utility company invoices as are used to collect unpaid lot assessments. “I think that would be an overreach and a violation of our bylaws and the (Virginia) POA Act,” Hearn said. Still, he said he believes accepting the Aqua offer would be a good business decision with a substantial revenue potential, even while some of his board colleagues seemed to believe that trying to collect old utility company bills would not be consistent with the core function of a POA. Hearn said that if the Cove POA elects not accept the proposal, he as the CCUC managing partner would act to do so. Mike Hinman, the Cove attorney, said there already is a degree of cooperation between the Cove POA and the CCUC and that he saw nothing illegal about the proposal. Cove treasurer Michael Glick said he couldn’t believe “we’re not taking advantage of the opportunity when our attorney says there’s no risk to us.” A resolution authorizing acceptance of the offer would have to be approved at a future meeting by a majority of

directors voting on it. Hearn and his business associates, Glick and Director Jim Silfee, would probably have to recuse themselves from any vote. Hearn is president and managing partner of CCUC, which he has said would remain an active participant in the Cove even after the sale of most of its assets to Aqua. That would leave four other directors, most of whom are year-round homeowners, with the power to decide the issue. Another matter that occupied the directors at the July 15 concerns a tenacre parcel in Section 14 that Aqua has identified as a potential land discharge site for treated wastewater from the Cove’s collection and treatment system. Aqua and developer interests that own the property have reached an agreement in principle to transfer ownership of the parcel to Aqua, but a complicating factor is that the ten acres is included in the area once designated for a nine-golf golf course. Hearn said that Cove POA retains use rights to the parcel that would have to be taken into account before a sale of the property to Aqua could occur. Hinman, when pressed whether the Cove POA had the authority to sell its use rights to Aqua, declined to offer an

opinion off the cuff. He said he would need to conduct research on that question before offering a legal opinion. He also said he would research a related question over whether the board of directors could enter into an arrangement with Aqua to sell the POA’s use rights or whether it would have to be decided in a referendum of property owners. If it’s the latter, then another issue arises over whether developer interests could vote in that referendum. Hearn expressed the view that the Cove declarant, Captain’s Cove Group Note LLC, would have voting rights in any referendum. In addition to conducting research on those issues, Hinman was tasked with arranging for an appraisal of the land use rights associated with the ten acres, which presumably would be much less than the value of the land itself. Previously, Hearn had disclosed that as part of the pending asset sale to Aqua, the Cove POA would be paid $105,000 plus interest to retire the demand notes associated with the outstanding loan advanced to the CCUC several years ago by the Cove POA to help keep the CCUC afloat in a stressful time financially. At the end of this calendar, year the

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By TOM STAUSS Publisher he Captain’s Cove property owners association is grappling with issues related to the pending sale of roughly $2.342 million in assets held by the Captain’s Cove Utility Co. to Aqua Virginia, a prominent owner and manager of utilities in the state, a process that could take up to a year to complete and, in the meantime, will freeze water and sewer rates in the community at current levels. At the July 15 meeting of the Cove Board of Directors, it appeared that a majority of directors were leaning against a proposal by Aqua to sell long-term delinquencies to the Cove POA at ten cents on the dollar. Cove President Tim Hearn said that Aqua is “impressed” with the Cove’s demonstrated ability to collect on unpaid lot assessments, mostly through its ability to deny use of the amenities and voting privileges to those in arrears. Ultimately, the ability to foreclose on the property can yield positive results. Hearn told his colleagues that Aqua, as a very large company, has decided it simply prefers not to devote resources to collecting delinquencies that have been on the books for a year or longer. Hearn said that if the Cove POA de-

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44 Ocean Pines PROGRESS

CAPTAIN’S COVE

August - Early September 2014

CCUC asset sale From Page 43 debt including interest should be about $145,000, Hearn said, praising a previous board for being “prescient” in lending the money to CCUC at a rate of return much better than could have been earned otherwise. During the July 15 meeting, Hearn said that Hinman should be tasked with the job of ensuring that when the parties sit down at the settlement table to consummate the sale of CCUC assets, the Cove POA receive its $145,000. The other directors agreed. In a related matter, Hearn explained why the CCUC would remain in business even after the pending asset sale. He said the sales agreement requires the CCUC to make good on its commitment to finish the installation of sewer pipe in Section 1. He also said that when the Cove eventually begins to replace its old wastewater collection system with individual grinder pumps, the CCUC will be available as a source of financing for homeowners who need it. Sale of Cove-owned lots – The Cove board of directors modified action taken in June on a program of selling roughly 180 lower cost lots that are owned by the Cove POA to property owners in good standing who want to acquire them. Hearn said that not all of these lots are buildable. Some are low-lying areas which either are undevelopable or would require extensive permitting and fill dirt to make them so. In June, the board unanimously endorsed a proposal by Hearn to make these lots available to property owners of record for $1 each, provided that the purchasers prepay lot assessments in the amount of $3,000 and also cover closing costs. The offer is available through the end of August unless extended by the board. The prepaid assessments would show up as a credit on a property owner’s account posted on the members area of the Cove Web site. The credit would be gradually reduced as semi-annual payments come due, zeroing out after about three years depending on the actual assessment charged in any given year. At the July meeting, the board ratified a change in the program that would restructure it as a $3,500 credit towards the purchase of a Cove-owned lot. While many lots are valued at $3,500, some are worth $2,500 and others are worth $5,000. Hearn said the change will prevent a property owner from in effect acquiring a $5,000 lot for $3500. Proposed assessment increase – There has been some push-back from Cove residents unhappy with a vote taken by the directors in June that said that lot assessments in the fiscal year beginning Oct. 1 could be increased from the current $950 up to $1,050. The actual amount could be less, de-

pending on whether certain revenue sources materialize, such as the payoff of the CCUC loan. Hearn, in a recent email blast, said not doing the increase would leave the Cove’s reserves underfunded. Previously, he has tied the ability of the Cove to borrow money to complete road construction throughout the community to the health of the POA’s balance sheet. He said the Cove has made good progress in recent years restoring its financial health and that to stop now would leave the job unfinished. The next board meeting is another two-day affair, Aug. 21 and 22 in the Marina Club.

HAPPENINGS From Page 42 Pines Community Center, except the third Wednesday of the month when it meets at Hall’s Restaurant in Ocean City from June through September. Sanctioned duplicate bridge games, Ocean Pines Community Center, Sundays 1 p.m., Mondays noon, Tuesdays 10 a.m. Partners guaranteed. $5, special games $6. Third Sunday of every month is Swiss teams (no partner guaranteed for teams). Felicia Daly, 410208-1272; Pat Kanz, 410-641-8071 The U.S. Coast Guard Auxiliary, Flotilla 12-05, meets the first Monday of each month at 7:30 p.m. in the

U.S.C.G. Station, Ocean City. Visitors and new members are welcome. Dennis Kalinowski, 410-208-4147. Web site http://a0541205.uscgaux.info. Life after loss support group, second and fourth Tuesday of each month at the Community Church at Ocean Pines, 11227 Race Track Road, Berlin, 11 a.m. Help in coping with any type of loss. 410-641-5433. Worcester County Democratic Club meeting, fourth Thursday of each month, 7 p.m., Marlin Room of Ocean Pines Community Center. No December meeting. Club membership is not required. All those interested in Democratic platforms and agendas are welcome.


August - Early September 2014 Ocean Pines PROGRESS

45

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46 Ocean Pines PROGRESS

August - Early September 2014

COMMENTARY The new Ocean Pines Yacht Club: The story so far

O

cean Pines Association General Manager Bob Thompson prefers to look on the bright side, seeing what’s in front of him as half full rather than half empty. He regards those who don’t see the world with those same rose-colored spectacles as overly negative. Media that doesn’t present the reality that he seems to see, or at least pretends to see, in his view are contributing to a negative image of our community seen by the outside world. “Who would want to live in a community with all these issues?” he seems to be asking. What he misses is that he has on occasion contributed to the negative vibe. His new compensation package suggests a community with too much money at its disposal, one that does not prudently allocate and husband its resources. At least twice in as many months, he sparred with OPA Director Jack Collins in a public forum for reasons that defy logic and good sense. In the most recent case, in which he called Collins out for asking what the GM termed a “stupid question,” Collins seemed to be trying to articulate appreciation for Thompson’s legendary workaholism. The general manager interpreted the question as an assault. The result? Negativity duly reported in the media. Where Thompson’s view ultimately breaks down is that negativity truly is in the perception of the beholder. A clear-eyed assessment of problem areas, neither obsessing over them nor sweeping them under the rug, is what ultimately leads to solving problems and a better community, or at least should when timely action follows. There’s nothing inherently about that. A case in point is the new Ocean Pines Yacht Club, which according to the cheerleaders among us is an unqualified success, setting records for revenues, wowing the masses with its unparalleled cuisine and cheerful service, and uniting Ocean Pines everywhere as the community gathering it promised to be. On two of those fronts, the cheerleaders have a point. Gross revenues indeed have exceeded budget expectations for the first two months that the amenity has been open, with a particularly good month in June. Service has been consistent, cheerful and attentive, and by all accounts it is what it needs to be to bring people back. On the other two fronts, well, not so much. Our assessment is that the food is so-so, occasionally very good, but just as often mediocre at best. Just one example: The rockfish entrée recently added to the

menu appeared to be some processed product brought in from the local food distributor, rather than caught fresh and brought to Ocean Pines by way of the docks of West Ocean City. In an area such as ours with its many superior seafood restaurants, fresh seafood is an absolute requirement, even if costs more. Ocean Pines residents, especially part-time summer residents who are used to city prices and urban quality, will be willing to pay the price for it here. Same goes for fresh local fruit and vegetables. As for the much-ballyhooed claim of Yacht Club supporters that it would become a community gathering place, about all that can be said on that score is that Ocean Piners have given it a fair shot and will be willing to do so for some time. In reality, Ocean Pines is a place with many community gathering spots, or at least gathering spots for people with like-minded interests. In the case of the Yacht Club, it is and will always be a place where some people will gather to dine, some to drink, some to listen to free music (albeit from performers who cover music created by others), some to attend banquets on the upper level. There’s still no evidence that the huge outside deck is overflowing with revelers or that the tiki bar has many customers most of the time. Let’s look more closely at the Yacht Club numbers through the end of June. Net revenues were $266,707, a mere $1,263 more than what the budget had projected. Respectable, yes, worthy of champagne popping, hardly. The bottom line isn’t particularly outstanding either; indeed the opposite is true. Because of wages and benefits that exceed budgeted amounts by large numbers, and the same for services and supplies, total expenses through the end of June were $310,104, resulting in a $43,397 deficit for a brand new amenity. The June operating deficit was $6,831, kind of deflating given that June is one of three months in the fiscal year where a surplus could have been anticipated. The numbers seem to suggest a healthy and profitable banquet business; this is one area where the cheerleaders seem to have the numbers to back them up. Revenues and food and beverage costs related to banquets are very close to budget, and that bodes well, as do bookings far into the future. Unfortunately, the OPA does not routinely produce separate line items for banquet-related labor, services and supplies, and utility costs, so there’s some guessing involved in

LETTER The ‘larger’ point

Thank you for publishing my letter [July-Early August edition] regarding Dave Stevens’ letter criticizing OPA President Tom Terry, as a result of Mr. Terry’s pointing out that the new salary of the current general manager is approximately the same as his predecessor, when updated to the present. By the time this edition of the Progress is published, the OPA Board election results will have been announced. Consequently, I debated whether to bother with this follow-up letter, but in the end concluded that setting the record straight was important. In your Commentary regarding my letter and the issue, you failed to even mention the key point of my criticism, and the sole reason for my writing the letter, which was that Dave Stevens accused Tom Terry of “deceit and manipulation” and used incorrect information as the basis for those accusations. You totally ignored this aspect of my letter and mentioned that the number crunching and computational differences “… miss the larger point of what’s wrong with the new compensation package for the general manager…” I had no interest in entering into the debate over the GM’s salary and contract and, consequently, never mentioned this issue in my letter. I focused solely on the baseless and hostile accusation by Mr. Stevens that Tom Terry was guilty of “deception and manipulation”.

I believe that was “the larger point” and you did not even mention it. I believe you know Mr. Terry well enough to know that he would not engage in such conduct. I certainly didn’t expect you to acknowledge this, but was certainly surprised and disappointed that you were so dismissive of my reacting to it and, as you suggested, “… taking him to task ...” for it. By the way, if Mr. Stevens is elected, as you have advocated, he and Tom Terry will serve together on the board for the next two years and his hostility and disregard for the facts does not bode well for Ocean Pines. Pete Gomsak, Ocean Pines Editor’s response: So it would seem that it’s all right in Mr. Gomsak’s world to focus on what he regards as “the larger point” and to choose which issues to ignore and dismiss, while the commentator’s election to do the same is the cause of surprise and disappointment. As the esteemed 19 century philosopher Thaddeus Lastword noted in his seminal work, We are the Center of Our Own Private Universe, “what’s good for the goose is good for the Gomsak.” th

Updated to the modern era, that supernal wisdom perhaps can be rewritten to: “What’s good for the Gomsak is good for the goose.” It would be, in a world ruled by consistency. – Tom Stauss

declaring the OPA’s banquet business a success. The sooner that OPA financial reporting arrives in the 21st century, the better. If indeed banquets are as profitable as some believe them to be, then that only means the regular food and beverage business is not; indeed it must represent a significant drag on the bottom line. This part of the Yacht Club business is losing money, and perhaps a lot of it. There’s no other way to read an actual cumulative operating deficit of $43,397 through June 30, assuming a very profitable banquet business. No amount of sugar-coating or promises of better financial performance to come, or excuses for why start-up costs were so high, will change that. Aside from financial underperformance, the building itself has its flaws, from the lack of screens on the doors to a lack of dividers in the massive room upstairs. The flies are working overtime delivering protein from one plate to another. The downstairs restaurant seating is tacky and uncomfortable. Some of the older tables on the outside deck are scratched. All of these problem areas can be fixed over time, preferably sooner than later. No doubt next year’s budget will contain items that weren’t included in the original budget because it would have jacked up the cost of construction. Pointing out these deficiencies out is not inherently negative. Constructive criticism can lead to improvement. That is, if anyone is paying attention. Cheerleading won’t make things better at the Yacht Club. Hard-nosed acceptance of what’s broken is an important first step, followed by action. Based on the first two months of operation, there is no particular reason to conclude that present management is capable of running a conventional food and beverage business. Since the banquet business seems to be performing well under present management, at least to the extent it’s possible to measure it, the focus ought to be on finding a better way to manage the downstairs food and beverage business. It’s not too soon to start the process. -- Tom Stauss

The Ocean Pines Progress, a journal of news and commentary, is published monthly throughout the year. It is circulated in Ocean Pines, Berlin, Ocean City, and Captain’s Cove, Va. Letters and other editorial submissions: Please submit via email only. Letters should be original and exclusive to the Progress. Include phone number for verification. 127 Nottingham Lane Ocean Pines, MD 21811

PUBLISHER/EDITOR Tom Stauss tstauss1@mchsi.com 410-641-6029

Advertising Sales Frank Bottone 410-430-3660

ART DIRECTOR Rota Knott

CONTRIBUTING WRITERS Rota Knott InkwellMedia@comcast.net 443-880-1348

PROOFREADER Joanne Williams


August - Early September 2014 Ocean Pines PROGRESS

47

More Ocean Piners opt out of amenity memberships

W

hether Ocean Pines’ sugarcoater-in-chief likes it or not, membership in most of the Ocean Pines amenity departments is in decline. According to the June 30 membership report, the notable exception to that is aquatics, which is recovering from last year’s reversals related to the closure of the Yacht Club pool for most of the summer. Even here, though, there’s a flip side: The membership goals were so aggressive that it appears doubtful that they’re achievable. As of June 30, the goal for aquatics memberships and the revenue associated with it was only 64 percent achieved, even while year-over-year numbers for that date show an increase. [The membership report is reproduced elsewhere in this edition of the Progress for those interested in the numbers.] The picture is roughly the same for regular tennis and platform tennis memberships. Tennis has reached 68 percent of its membership goal and platform tennis 73 percent through June 30. Platform tennis is more a winter activity than a summer one, so it’s still possible that it will come closer to reaching its goal. Regular tennis, not so much, as traditionally its memberships are purchased in the spring. Golf membership, according to the June 30 membership report, continues its decline. This is relevant, as the OPA will be considering its options for golf course management later this year. It appeared as though the inexorable decline in membership might have plateaued going into this summer, but the numbers say otherwise. As the aging membership base experiences the inevitable attrition, there have been too few replacements. A quick glance at the report might suggest that membership is doing OK with a 93 percent achievement rate through June 30 and a $12,000 revenue shortfall, but a closer look at those numbers show something different. Individual golf members declined from 56 on June 30 of last year to 50 this year, and individual afternoon members dropped from 44 to 38 year-over-year. Family membership increased by three. Bottom line: Total membership contributing to the bottom line dropped nine from 143 last June to 134 this year. It’s always possible that golfers will emerge during the summer to inflate the numbers, but tradition and common sense say otherwise. Golfers who want to take advantage of annual memberships do so in the spring to derive their full benefit. That’s why the June 30 membership report is the one that accurately depicts the membership situation for those willing to interpret the numbers objectively.

Earlier this year, the policy of offering nine-hole golfers up to 60 rounds of golf under this category generated a lot An excursion through the curious cul-de-sacs An excursion through theby-ways curious and by-ways and cul-de-sacs of debate and controversy among memof Worcester County’s County’s most densely community. of Worcester mostpopulated densely populated community. ber council members and nine-hole golfBy TOM STAUSS/ By TOM Publisher STAUSS/Publisher ers. The member council and BCG de-

LIFE IN THE LIFE INPINES THE PINES

There’s another golf membership number hidden in plain site that refutes those who stubbornly believe golf membership is on the rebound. That’s the limited play option of 30 rounds with cart, which precipitously dropped from 26 on June 30 of last year to a mere four this year. Apparently these four limited play members aren’t dues paying members, because the membership report shows no income associated with them. Perhaps these four limited play golfers are lost in the rough somewhere or have been given free memberships to keep them on the books. By way of partial explanation, OPA Controller Art Carmine told the Progress recently that he understands that the limited play option is no longer being marketed. When asked about that in a brief telephone conversation, OPA President Tom Terry said he was unaware that this category had been unofficially scrapped and referred the questioner to Thompson because in Terry’s estimation it was an “operational matter.” Past boards of directors would have vehemently disagreed. Chalk that one up to differing views among directors as to what constitutes a policy matter worthy of board attention and operational matters better left to the general manager. The board grapples with membership issues as part of the annual budget process, even down to the level of debating the merits of certain membership categories. The directors took no action scrapping the limited play option this past winter, and no board action has been taken since. Ergo the limited play option remains on the books, even if the numbers have dropped to almost zero and with four unit sales mysteriously yielding no revenue. All of the other membership categories manage to list the projected budget goal and the number of units needed to get there. The limited play option is blank for both.

Deepening the mystery, the membership report for June 30 of last year didn’t include the limited play, 30 rounds with cart category. The Progress published that report in August of last year. The limited play, 30 rounds with cart category is nowhere to be found on it. It makes one wonder why that same omission didn’t occur this year. Perhaps there was a hope, since dashed, that the same number of last year, 26, would emerge this year, padding the membership numbers and making the bleak membership picture look brighter than it really is. It turns out that OPA Director Jack Collins has an explanation for part of the mystery. Collins, the board liaison to Golf Member Council, a group that assists Billy Casper Golf in managing the Ocean Pines golf course, said it’s “incorrect” that the limited play, 30 rounds with cart category has been scrapped by BCG, the members council or the OPA board. He offers a very plausible explanation for the precipitous drop in limited play members. Most if not all of the 26 limited play members from last year were nine-hole golfers, he explains. In a policy that predated BCG’s arrival on the scene more than three years ago, apparently under the regime of former Director of Golf Harlin Goldman, Collins says it had been customary to allow these nine-hole golfers up to 60 rounds of play, rather than the 30 specified.

cided that the number of rounds in the limited play category should be no more than 30, whether or not members opted for nine- or 18-hole rounds. This decision reduced the maximum number of rounds that nine-hole golfers in this membership category could play by half. Needless to say, nine-hole golfers weren’t at all happy with the change. Take away something that’s been previously given and those who perceive they no longer have the same value for the buck will feel aggrieved. In this case, most did not renew their limited play memberships in Ocean Pines, instead departing en masse to another course in the area that they felt was more welcoming or offered a better deal. This behind-the-scenes skirmishing among golfers has gone unreported until now and might be dismissed as extreme inside baseball, to mix sporting metaphors. But that would be missing the point, which is that golf membership in Ocean Pines remains under stress. This year, some of it clearly was self-inflicted. Last year, 189 golf memberships in Ocean Pines included up 143 dues-paying units, 20 lifetime members and 26 limited play members. This year, there are only 156 golf memberships, consisting of 134 dues-paying units, 20 lifetime members and four limited play members. That’s a drop of 33 memberships, a 17.46 percent decline.


48 Ocean Pines PROGRESS 32 Ocean Pines PROGRESS

August - Early September 2014

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