Ocean Pines Progress August 2021 by Ocean Pines Progress

Operating surplus jumps by $200,000

If you thought the Ocean Pines Association had a great year financially with the unaudited $1,242,828 operating fund surplus reported at the end of April, think again: The final audited number is even better. OPA General Manager John Viola told the Progress in an early morning telephone conversation July 24 that the OPA’s auditors, TGM of Salisbury, agree with a $200,000 increase in the bottom line over the unaudited April numbers for the 2020-21 fiscal year. ~ Page 36

Fourth year added to Matt Ortt contract

Subject to lawyers reviewing and amending the Matt Ortt Companies’ three-year contract to manage Ocean Pines restaurants, the Board of Directors voted unanimously at its July 21 monthly meeting to tack on an additional year. Technically, MOC fell short by $11,000 of the $130,000 in combined profits in the first year of operation at the three venues it manages for the Ocean Pines Association to have a fourth year contract extension guaranteed. But General Manager John Viola in effect said it was close enough. ~ Page 10

No follow-through on more DR changes

At the Board of Directors’ June 16 monthly meeting, Director Collette Horn had said that she would introduce a motion to expand the properties that might be covered in response to what she heard at a Town Hall on short-term rentals. But at the July 21 board meeting, it was clear she wouldn’t be following through with that pledge. ~ Page 11

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Ocean Pines’ commissioners cry foul over potential Rt. 589 athletic complex Bertino, Bunting question land purchase, say it’s being pushed by an Ocean City-based contingent By ROTA L. KNOTT Contributing Writer lans for a potential new athletic complex on a rumored site at the intersection of Route 589 and Route 113 near Ocean Pines could include a waterpark, hotel, and RV parking, as well as ballfields and other recreational amenities, if the Worcester County Commissioners opt to purchase the land. While they officially remain mum on the exact location, the commissioners are reportedly considering attempting to purchase the more than 100 acres of property known locally as the Mariner family farm. A private appraisal by the owners of the property has already been done, and the commissioners recently voted 5-2 to contract for another one at public expense. It’s not known whether the owners are willing to sell the land, but the fact that an initial appraisal has been

done suggests there’s willingness to negotiate. The item wasn’t on the agenda, but Commissioners Chip Bertino and Jim Bunting, who previously had voted against the county-funded appraisal, during the “commissioners comments” period at the July 20 regular meeting took issue with a perceived effort by an Ocean City-contingent to push the land purchase forward Chip Bertino and begin outlining the project without proper input from the full governing body. Bertino, who with Bunting represents Ocean Pines on the Board of Commissioners, said he is concerned To Page 3

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2 Ocean Pines PROGRESS August 2021

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COVER STORY From Page 1 that parameters for the proposed athletic complex project are being set by just a few people and not the entire body of the commissioners. “I certainly understand the need for preliminary conversations, but it seems to me that a framework is being established, albeit maybe very generally and at an altitude of 30,000 feet. But that a framework is being put together by a few people and Ocean City,” he said. He pointed a finger at Commissioner President Joe Mitrecic and Tom Perlozzo, the county’s former recreation and economic development director and now Ocean City’s tourism director, for pursuing the project without engaging other commissioners. Mitrecic acknowledged that he, County Attorney Roscoe Leslie, and Weston Young, assistant county administrator, recently met with representatives from two companies, one that operates athletic complexes in the eastern and central states and another that builds athletic fields. He said Perlozzo had arranged the meetings. He characterized the meetings as preliminary fact-finding missions to learn about the project options regardless of the ultimate location selected by the commissioners. Bertino asked if they are aware of the specific location.

The county commissioners are exploring the possibility of buying a large parcel of land owned by the Mariner family at the intersections of Route 589, Route 113 and Old Worcester Highway for a future athletic complex. North Ocean Pines is a short distance away via Route 589, as shown in the tax map at right.

Mitrecic responded no, they did not discuss a specific site. He added that he invited the representative from the entity that operates such facilities to make a presentation to the full Board of Commissioners in late August. “Once they come and do their presentation you can go online and see some of the things that they run. There was discussion about waterparks on site, RV parking on site, hotel on site…” he said, adding “I left pretty much everything up to them

to make their decision.” Bertino said he appreciated Mitrecic scheduling the company to meet with the commissioners next month. But he said they are already being “given ideas or thoughts or comments of one or two people or three people and not all seven of us. That’s an observation, not a criticism.” Objectively, however, it came across as critiTo Page 5

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COVER STORY Athletic complex From Page 3 cism, and not too subtle at that. Mitrecic responded all that can be discussed at the commissioners’ August meeting. “But they’re already talking about possible hotels,” Bertino retorted. Mitrecic said they simply discussed all of the different facilities the company operates and the amenities offered at those facilities. “I think the goal of the August meeting when they present is to show what could be available so what the options are. We may say we don’t want an RV park, we don’t want a hotel, we don’t want a waterpark, we don’t want a dog park,” Young, the assistance county administrator, said. “We want ballfields to attract tournaments, a community walking path, community playground, something of that nature, But they can at least show you what they’ve done elsewhere and explain their business model,” Young said.

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August 2021 Ocean Pines PROGRESS 5 He added that a lot of his questions were tied to how they operate. “Do they have enough profit that they can give back to the community? And they sound like it is something that they are able to do.” Young said the company manages more than 30 locations and each one has a slightly different arrangement with the home county or city. He said they have differing arrangements regarding distribution and use of profits from the facility, allow the local recreation and parks department to be able to use the fields, and what local entity receives funding from the facilities. “They had several different business arrangements and seemed open to whatever,” he said. Mitrecic said he stressed with them that the county wants its residents to be able to use the athletic fields whenever they are not in use for tournaments. For example, if a tournament runs from Thursday to Sunday, then from Monday to Wednesday residents should be able use those fields for recreation, he suggested.

Bunting asked what application the county will need to complete to secure Project Open Space funding through the Maryland Department of Natural Resources to purchase the property. Young responded that staff hasn’t determined that yet and hasn’t even spoken to the property owner about the potential sale. “Apparently somebody knows what they want to do here. How they want it run. There’s got to be an application that applies that you would use when you do find out the price,” Bunting quipped back. County Administrator Harold Higgins said based on prior comments from the commissioners, it was clear that they did not want the county to operate the athletic complex. “You wanted a private developer to come in. Based on that direction that’s what we were trying to plan ou,t” he said. Bunting said he doesn’t have a problem with that approach and he does want it to be operated by a private entity.

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However, he said he would like to know before the county seeks POS funds exactly how the facility would be operated. He said there will be conditions imposed on the use of the funds and he wants to see the grant application and know what that conditions are that could be placed on the property. “I did not meet with these people trying to steer them in any way. It was again a preliminary meeting,” Mitrecic said. “They can tell you what they can do for you.” Bertino asked if Mitrecic had told the company that the facility would need to be privately funded. “Privately run. That’s been said up here about 30 times,” Mitrecic responded regarding the commissioners desire to have an outside entity operate the athletic complex. “My point was I wanted to thank you for making sure that they knew that,” Bertino told Mitrecic. He then asked “Now, what is your definition of privately run and privately funded? Because you correctu

6 Ocean Pines PROGRESS August 2021

COVER STORY

Athletic complex From Page 5 ed me when I said privately funded. Is that a distinction without a difference or is there in fact a difference?” Mitrecic said there’s a difference. He said he doesn’t know that the county can use Project Open Space money for a privately funded complex. But he said the previous discussions among the commissioners had been that the county hire a management company to privately run the athletic complex. Bertino asked for clarification that no taxpayer money, other than the grant money that would be sought through Program Open Space to purchase the property and to develop it, would be used to fund the proposal. He again asked whether operations would be funded by taxpayers. “That’s the intention,” Young replied, which seemed less than an absolute guarantee. Mitrecic said he emphasized to the athletic complex operator that the county could not be involved in running of the facility.

Can Program Open Space funds be used to acquire land for proposed athletic complex? Assistant county administrator says they can be; Ocean Pines commissioners aren’t so sure By ROTA L. KNOTT Contributing Writer here are more questions than answers about a proposed athletic complex that could be built using Program Open Space grant funds on more than 100 acres of land along Route 589 at Route 113, according to the two Worcester County Commissioners who represent Ocean Pines. During the “commissioners comments” period at the conclusion of a July 20 regular meeting, Commissioners Chip Bertino and Jim Bunting questioned the county procedure for land acquisition. They asked if there would be a public hearing prior to purchase, suggested the need for an impact study, and wondered if such a project would be an appropriate use of state Program Open Space funds. Bertino said after an earlier meeting at which the

commissioners voted 5-2, with himself and Bunting opposed, to seek a second appraisal of the subject property, constituents asked him about the process for such a purchase. He wanted to know if there will be a public hearing prior to a decision being made by the commissioners to attempt to acquire the property. Commissioner President Joe Mitrecic responded that “yes” a Jim Bunting public hearing would be held. But Bertino countered saying he has heard the opposite. “Is there an automatic public hearing before we were to decide to purchase a piece of property? Is To Page 8

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8 Ocean Pines PROGRESS August 2021 Program Open Space From Page 6 that a given?” County attorney Roscoe Leslie said there is no requirement for a public hearing on the purchase of land and to his knowledge, it would not be required to receive a POS grant, but the commissioners can have a public hearing should they choose. Mitrecic responded that he assumed the commissioners would have a public hearing. “From day one I thought that would be necessary, any time that the government purchases property,” he said. Weston Young, assistant county administrator, agreed that the commissioners can have a public hearing if they want but he wasn’t sure if POS required it. “There isn’t a requirement to have a public hearing before we execute a contract?” Bertino asked. Young responded “I’m not 100 percent sure.” Bertino asked “Can we find out?”

COVER STORY He said he was also asked about conducting an impact study related to the development of any site for the athletic complex. “Wherever this end up going will there be an impact study? Is that a requirement?” he asked. Leslie responded that the State Highway Administration would require some assessment of the impact of a new facility on the roads to determine whether certain improvements would need to be made for access and egress. “They would study it and make recommendations on that.” Bunting asked if the commissioners could hold a public hearing on the purchase of the property “as soon as possible.” Mitrecic said the county can’t talk about a specific property while it is negotiating to purchase it. “During the talks to purchase the property, we can’t identify the property. So a public hearing would be just about the concept. It wouldn’t have anything to do with where it went or how it went or whatever else,” he said, adding, “Until we are

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actually able to purchase a piece of property and have it contracted, I don’t see how we could have a public hearing.” Bunting rephrased his request to have a public hearing once the county has a signed contract to purchase a piece of property. “Yeah, I assumed that we would have to,” Mitrecic said, adding “after everything is basically done and then having a public hearing on it, yes. Then we can always at that point in time back out.” Leslie said the county can structure a purchase contract with “all kinds of contingencies.” Mitrecic said the county hasn’t even talked with the property owner yet to ensure that they want to sell the land. He pointed out that an application for POS funding for acquisition of land requires two property appraisals. The property owner had one appraisal, but the second appraisal authorized by the commissioners hasn’t been completed yet. “I would like to have a copy of the application that will be filled out under the conditions you’re talking about,” Bunting said “My understanding is that of the Program Open Space funds that we get a portion of that for [land] acquisition. So in my mind logistically the first step is can we acquire the property. And that’s the second appraisal. That’s that kind of conversation. If the owners are not willing to sell or something comes up, that site’s dead in the water and we need to move elsewhere,” Young said. He added that the second part of the project would involve requesting POS funding for development purposes. “So that would be helping build the fields and so forth.” The POS acquisition application found on the Department of Natural

Resources website requires a specific address and project description. The county would need to describe the public access that will be available on the property and note any restrictions or limitations, both prior and subsequent to park development. The application asks how is the project consistent with the county’s Land Preservation, Parks and Recreation Plan and if the development planned for the site will result in an increased demand on existing infrastructure like roads or utilities. According to the POS manual, acquisition assistance can be granted for land or interests in land that are beneficial and necessary for providing general outdoor recreation and/ or open space opportunities for the public. Projects must conform to the county’s Land Preservation and Recreation Plan and be included in the Annual Program for that county. Acquisition must be by fee simple title, or by whatever lesser rights will insure the desired public use. “Areas acquired may serve to preserve the natural and cultural features of the property for resource preservation, public education, or may provide for a wide variety of recreation activities including, but not limited to, driving and walking for pleasure; sightseeing; swimming and other water sports; fishing; picnicking; nature study; historical interpretation; performing arts; playgrounds; skateboarding; boating; hunting and shooting; camping; horseback riding; bicycling; hiking; skiing, or as a greenway connecting other parks and open spaces.” The manual specifies that “project areas will be kept open for public use at reasonable hours and times of the year, according to the type of area or facility.”

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OCEAN PINES

Board adds fourth year to Matt Ortt contract

Proﬁt trigger for ﬁfth year increased by $15,000 By TOM STAUSS Publisher ubject to lawyers reviewing and amending the Matt Ortt Companies’ three-year contract to manage Ocean Pines restaurants, the Board of Directors voted unanimously at its July 21 monthly meeting to tack on an additional year. Technically, MOC fell $11,000 short of the $130,000 in combined profits in the first year of operation at the three venues it manages for the Ocean Pines Association to have a fourth year contract extension guaranteed. But General Manager John Viola in effect said it was close enough, lauding the company for managing through the covid pandemic, retaining services to the OPA membership while retaining its management team through the help of Payroll Protection Program funding. He also said the company had made donations to the police department during covid. Viola said that without the covid PPP money, MOA would have been $71,000 short of the goal needed to trigger automatically a fourth year. In asking the OPA for a fourth year to operate the Yacht Club, Beach Club, and Clubhouse Grille, MOC offered to increase the automatic trigger for a fifth year by $15,000 over the current contractual threshold of $160,000. That means, in the second year of the contract, MOC will need to generate a $175,000 combined operating surplus at the three venues in order to have a fifth year added on to the contract automatically. The motion approved by the board includes both the additional year tacked on to the contract, conceptually for now until the contract is amended, and the increase in the threshold trigger in the second year of the contract to $175,000.

S Giving back

On July 8, Treasurer Irene Daly, First Vice President Susann Palamara, and President Karin Benton presented a recognition and appreciation plaque to Tom Ayd for his commitment to the Women’s Club of Ocean Pines scholarship program. In 2002, the Women’s Club awarded him a $1,000 scholarship to attend Salisbury University. Since 2016, he’s given back a sum of more than $4,000 to the scholarship program. The Women’s Club membership year begins Sept. 1 and dues are $10. The club’s first in-person meeting in some time is scheduled for Thursday, Sept. 2, from 10-11 a.m. (social time at 9:30 a.m.) at the Ocean Pines Community Center. For information, contact President Karin Benton (karinhessbenton@gmail.com, 610-730-6706) or Membership Chair Joyce Piatti (410-302-0559 or japiatti@aol.com).

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Horn doesn’t follow through on June promise to expand scope of DR changes

By TOM STAUSS Publisher uring a June 15 Town Hall meeting on a proposal to amend the declaration of restrictions for each Ocean Pines section to incorporate the county regulations on short-term rentals, some residents lobbied for application of those regulations to other properties as well. It was a relatively sparse crowd at the Town Hall, not representative of Ocean Pines as a whole. Some of those who were there said in effect that the board was picking on owners of short-term rentals. At the Board of Directors’ June 16 monthly meeting, Director Collette Horn said that at the board’s meeting in July she would introduce a motion to expand the properties that might be covered in response to what she heard at the Town Hall. But at the July 21 board meeting, it was clear she wouldn’t be following through with that pledge, at least for the time being. There was no mention of her comments from the June meeting, by her or her colleagues. Director Frank Daly during the June meeting had rejected a friendly amendment offered by Horn that would have expanded his proposal for amending the DRs to properties other than short-term rentals. He said he was not sure that OPA members who might support limited tightening of regulation of short-term rentals with the levying of fines as an enforcement mechanism would support a more expansive approach. Daly’s motion to begin the process of amending the DRs passed 6-1, with Director Tom Janasek continuing his adamant opposition. Daly said he had understood that Horn’s motion in July would pertain only to issues with noise and trash accumulation but would apply to all properties in Ocean Pines, subject to a section-by-section vote. Fines would be in the enforcement toolbox, just as they are in Daly’s short-term rental proposal. “I’m not sure how the board [would] respond to that,” he said. “Details will matter. There will be no appetite for issuing fines for first time violations, that I’m confident of.” Director Camilla Rogers signalled support for what Horn said she was prepared to do at the July meeting. But when the July meeting came around, it was clear the ardor for expanding the scope of the DRs to be amended had cooled.

August 2021 Ocean Pines PROGRESS 11

~ VOTE ~

Rick Farr Ocean Pines Association Board of Directors

• Dedicated to representing ~VOTE as ~ their voice ALL homeowners Rick Farr • Open and honest communication OPA Board of Directors with homeowners • Results-driven with a high level of integrity • Ethical and fiscally responsible • Focused on unity and teamwork

OPA

YOUR VOTE IS YOUR VOICE ... AND IT COUNTS Parke time capsule

The Parke’s 10th and 20th anniversary capsules were recently sealed in the Ocean Pines Library by anniversary committee members, to be reopened on May 19, 2031. Shown are Steve Habeger, Linda Olsen (HOA president), Paul Whitson (originator of the Parke slogan, It’s More than a Community, It’s a Lifestyle), Susann Palamara and Diane McGraw.

I Appreciate Your Vote!

• Dedicated to representing ALL homeowners as their voice. • Dedicated to represen • Open and honest communication with homeowners. • Open and honest com • Results driven with a high level of integrity. • Results driven with a

12 Ocean Pines PROGRESS August 2021

OCEAN PINES

Board to begin sending out DR amendment materials by fourth quarter CPI Department to manage complaint-driven system, with an assist by the OPPD on noise complaints By TOM STAUSS Publisher he Board of Directors .has announced “next steps” in the process of amending the Declaration of Restrictions in residential sections of Ocean Pines with the aim of reforming regulations on short-term rentals in Ocean Pines. The initial mailing to property owners asking for approval of amended DRs will begin in the fourth quarter of this year. Approval of amended DRS is a section-by-section vote and requires a majority of property owners in each section to affirmatively endorse the proposed amendment. Those not voting after the initial mailing will most likely receive a follow-up mailing to encourage a response in favor of the proposed revisions. Unlike referendums, a majority of those voting is not sufficient to

amend the DRs. Amending DRs require an affirmative vote of all property owners in each section, a higher threshold. The referendum-like question to be asked is as follows: “To incorporate the Worcester County Codes for Short Term Rentals (ZS1-351), Litter (PH1-106) and Noise (ZS1: III-46) into the Declarations of Restrictions in all sections of Ocean Pines. For repeat violations of these codes, to suspend a member’s ability to engage in short term rentals of their dwelling for periods up to sixty days. To establish a formal method to advise Worcester County of unlicensed rental properties. To require that occupancy limits, noise, trash, and parking restrictions stated in our Declaration of Restrictions and County Code be posted in a conspicuous area of Short-Term Rental Properties. And to levy fines for violations.”

At the June 16 meeting of the Board of Directors, a motion was passed to incorporate the Worcester County Code regulating short term rentals, litter and noise into the Declarations of Restrictions for all Ocean Pines sections, with the exception of sections 15B, 16, 17, 18 and 19. These latter sections are the Balfour Holdings sections developed after 1995. Earlier sections were developed by Boise Cascade Home and Land Corporation. The Declaration of Restrictions for these later sections already provide that all lots are subject to “all federal, state or local laws, rules or regulations, specifically including without limitations, the Worcester County Zoning Ordinance.” The restrictions in these sections already provide for the levying of fines. The motion passed on June 16 would incorporate the possibility of

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fines in all sections. Unlike some communities that regulate short-term rentals, defined as those homes that are leased out at 28 or fewer days, Ocean Pines’ proposed regulations do not call for the suspension of amenity use by homeowners found to be in violation of the restrictions. The Ocean Pines Administration staff will tally the vote in each section and, once the majority of property owners in each section vote in favor, the amendment will be noted in the Land Records of Worcester County. Sections that don’t reach the 51 per cent threshold will continue to operate under the existing regulations, which don’t include fines or the suspension of the right to engage in short-term rentals for up to 60 days. The board has also provided a commentary on how the OPA will be enforce the amended restrictions if enacted. “Short Term Rentals will be administered and enforced by the Compliance, Permitting and Inspections Department (CPI),” according to the board statement. “At this time, it is envisioned that those homeowners applying will be required to submit the documentation that they submitted to the County for their ShortTerm Rental License, along with a copy of the License. “No additional documentation or inspections will be required to obtain the Ocean Pines Rental License. The fee will be what we charge for a Home-Based Business ($35 Initial Application; $15 Annual Renewal). Once the OP license is obtained, the homeowner will be required to post it next to the county license in a conspicuous area of the rental.” The new anti-litter provisions would also be enforced by Ocean Pines’ CPI Department. Enforcement will be complaint driven. When complaints are received, the CPI department will investigate, the board statement says. The noise provisions if enacted would be enforced by both the CPI and Ocean Pines Police departments to provide “7-24” coverage, the statement stays. “Both Departments will have the equipment and training to monitor, measure and record noise levels to the county code. Current plans are to procure this equipment, conduct training and to begin enforcement of the county code upon completion of the training required to use the To Page 14

August 2021 Ocean Pines PROGRESS 13

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Committee eyes August release for homeowner survey

15-question poll is needed in drafting Strategic Plan

coming-soon community survey was the major topic of discussion during a presentation by Strategic Planning Committee Co-Chairman Bernie McGorry at the July 21 monthly meeting of the Board of Directors “We’re very close to [releasing] … the property owner’s survey,” he said, adding later that the committee was targeting a release in August. McGorry said committee members, board liaison Colette Horn, and some Ocean Pines staff aided in the

development of a draft survey, which is meant to guide strategic planning over the next three-to-five years. He said a strategic plan, among other things, should help better align the board and management on key principles and directions, and help communicate that direction more clearly. McGorry, who previously worked in marketing for the Hershey Company, Kraft Foods, and Perdue Farms, offered an example of how strategic planning can work in the business world.

“We would decide that we’re not going to launch any new products this year – we’re going to focus on current products,” he said. “Six months through the year, the VP of sales comes up and says, ‘We need new products.’ No, we made the decision [that] we’re going to focus on selling the products we introduced last year. “It’s no different than amenities,” he continued. “You can invest in current amenities, or you can invest in new amenities.” McGorry later added, “We proba-

Car show donation

Judy Nelson, right, has donated an amazing array of trophies to the Greater Ocean Pines/Ocean City Kiwanis Club in memory of her late husband Bill Nelson who was a founding member of the Ocean City Cruzers. This donation also celebrates the club’s first car show held on July 24 at the Ocean Pines Veterans Memorial Park. Pictured with Judy Nelson is Steve Cohen, President of the Kiwanis Club.

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OCEAN PINES bly don’t have the dollars to do both right away, but based on what the property owners’ input is, we can establish clear strategic priorities and plans.” In working toward the survey of Ocean Pines homeowners, McGorry said the committee collected data from Association department heads and committee chairs, and benchmarked neighboring and similar communities including Bayside, GlenRiddle, Montgomery Village, and Crofton. “We’re a little bit different than a lot of them … but you learn some things by looking at some other homeowner’s associations, and we’ll be applying those lessons learned,” he said. The next step, McGorry said, is a survey of Ocean Pines property owners. “The timing of [the strategic plan] is really going to be based on when we get the survey results back,” he said. “We’d love to get this done before the budgeting process … but it’s really going to be based on how many surveys we get back and when we get them back. “Once we finish up the survey, we’ll be able to really say, ‘Here’s a summary of all our work’ … and hopefully it’ll be just really crystal clear on what the strategy should be,” he added. McGorry said the current plan is to release the survey in late August through October or November in a hybrid manner, both using the online “Survey Monkey” platform, and with hard copies available upon request. The estimated cost is $1,500$3,000. He said the survey would have about 15 questions and should take roughly 15 minutes to complete. “We have a committee meeting tomorrow where we’re going to look at it one more time … and we’re going to ask for any final homeowner, board [or] staff input within the next week, and get it released,” he said.

DR amendment

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From Page 12 equipment,” the statement says. Additional information will be sent to each homeowner as the amended DRs are voted on. The board’s objective is to have these regulations in place by Summer 2022 and to have 7/24 enforcement of the regulations in place at that time.

August 2021 Ocean Pines PROGRESS 15

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OCEAN PINES

OCEAN PINES BRIEFS B-08 work group unofficialy ‘dies’

Although the Board of Directors has taken no formal action to disJanuarythe 1st three-member working band group established to thru January 18th. inWeFebruary will rewrite the now defunct Board B-08 open January 19th. Resolution on director ethics and conduct, there appears to be little interest in undertaking a re-write. “Let it die,” said Director Frank

Daly, whose motion at the June meeting of the board led to a unanimous vote to repeal the resolution. Director Tom Janasek, one of three members of the board working group that had been tasked with revising the resolution, said in a text message to the Progress that the working group was “gone, rescinded at the last meeting,” although he might have been conflating the repeal motion in June with the status

of the working group. Janasek then clarified that “as of now there are no plans to revisit it, and I’m not going to try and bring it back.” He said that the working group had met twice to discuss a revision but had not gotten very far on that task when Daly kept a promise and offered his repeal motion in June, calling B-08 a well-intentioned resolution that, when applied, had poor results. “Frank took it upon himself to

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Appointment approved to Parks and Rec panel

The Board of Directors at its July 21 monthly meeting approved the appointment of Mary Louise Flanagan to the Recreation and Parks Advisory Committee, the only committee appointment made in July. The previous month, there was a flurry of appointment activity, most of it in the Aquatics Advisory Committee.

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kill it,” Janasek said of the June repeal motion. “He never even reached out to the work group.” Daly had offered a detailed public critique of the defunct resolution that could have served as a starting point for a repeal effort, and apparently didn’t feel a need to “reach out” beyond his public criticisms and suggested revisions. In addition to Janasek, working group members included directors Colette Horn and Camille Rogers.

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The Board of Directors at its July 21 monthly board meeting approved a $36,513 expenditure out of the replacement reserve for a new John Deere 2500-E E-Cut Hybrid Triplex greens mower for the Ocean Pines golf course, a price that did not include another $8700 for five cutting units needed to operate the mower. General Manager John Viola said he was still getting paperwork together for the mower blades and was not ready to have the board approve them, but he made it clear that they would need to be purchased in order to make the mower functional. Total cost of the mower with blades is $45,241, compared to the budgeted amount of $35,000. However, Viola said the old Jacobsen greens mower that the John Deere unit is replacing could bring $8,000 to $10,000 at auction, which would bring the net cost down close to budget. Excluding the blades, the approved expenditure was roughly $1,000 over budget. The new greens mower is being purchased from Finch Services of Eldersburg, Md. The next highest bid including a mower and blades was about $60,000. Viola said the Finch Services bid included a discount and that if the OPA waits until Aug. 1 to make the purchase, the price will increase ten percent.

August 2021 Ocean Pines PROGRESS 17

18 Ocean Pines PROGRESS August 2021

OCEAN PINES

Fisher Marine awarded new bulkhead contract

isher Marine of Chincoteague, Va., has been awarded a new contract for bulkhead replacement in the amount of $190,635, covering replacement of 537 linear feet of common area bulkhead on the Ocean Pines golf course. The linear foot cost is $355, the same unit cost Fisher Marine has charged for other recent bulkhead replacement in Ocean Pines. Another bid submitted for the work totaled $214,800, at a linear foot cost of $400. A third contractor contacted for the project did not respond. General Manager John Viola said during the July 21 monthly meeting of the Board of Directors that golf course bulkhead replacement had been scheduled for the 2022-23 fiscal year, budgeted at $204,000. But it’s 40-year-old bulkheading and an “emergency” situation that justifies expediting the replacement in this fiscal year, Viola said. The project will be funded out of the bulkhead replacement reserve. It was unanimously approved by the Board of Directors.

Fishing contest winners

The Ocean Pines Anglers Club hosted another Art Hansen Memorial Youth Fishing Contest on Saturday, July 17, at the South Pond in Ocean Pines. The event drew 64 contestants ages 4 to 16 and at least that many adults. 155 fish were caught and submitted to the judges. Trophies, prizes and rods and reels were given to first, second and third place winners in each age group for largest fish and most fish. A drawing was held for two grand prizes. Prizes included a deep sea fishing trip with Capt. Chris aboard the Angler and one of Mike Vitak’s hand-made custom rods and reel. Helping out with the event were members of the Ocean Pines Recreation and Parks Department, the Maryland Department of Natural Resources and all members of the club.Shown left to right, largest fish,1st place, age 4-7 Pierson Parrish; age 8-11, Anthony Giannotta; age 12-16, Trey Prozzillo. Most fish, 1st place, age 4-7, Reid Landis; age 8-11, Joey Davis; age 12-16, Connor Rarrick.

August 2021 Ocean Pines PROGRESS 19

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OPA ELECTION

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No change in ballot return due date, as ballots begin arriving in mailboxes Committee issues solution for those concerned about see-through return envelopes By TOM STAUSS Publisher elays in the receipt of ballots in the annual Ocean Pines Association Board of Directors election had some OPA officials thinking it might be necessary to push back the due date for ballots, the vote count and the annual meeting of property owners where results are certified. OPA President Larry Perrone referenced that possibility during the board’s July 21 month meeting, because as of that date ballots were reportedly stuck in a logjam in Baltimore, according to an Elections Committee press release. They had been mailed early the prior week. By the very next day, however, ballots began arriving in Ocean Pines mailboxes and in non-resident locations, easing concerns. Had delays continued, the board may have had to convene two special meetings to amend the board resolution that sets the annual meeting date and governs election procedures. The first meeting would have been to consider the proposed change on first reading, the second meeting to approve it. None of that will need to be pushed through, to the relief of everyone concerned. The Elections Committee issued a press release on July 23 confirming the due date for ballots remains Wednesday, Aug. 11, at 4 p.m., either at the Berlin post office or in the ballot box located in the Police Department lobby. In his president’s remarks at the July 21 meeting, Perrone urged resident voters to use the Police Department ballot box rather than the U.S. postal service because it seems to be taking longer for even local mail sent out of the Ocean Pines post office to arrive in local mailboxes. Bulk mailings mailed out the Berlin Post Office, including annual election ballots printed and mailed by Ace Printing and Mailing for the OPA, are routed to Baltimore for sorting and imaging, Elections chairman Steve Habeger said in a recent press release. He said in a response to a question posed by the Progress that the imaging probably is the result of security protocols put in place post-911, but he wasn’t really sure. In any event, the delay in ballots arriving in mailboxes had OPA officials worried that they might have to give Ocean Pines property owners more time to get their ballots back for counting. That possibility has now been taken off the table. In a ballot security issue, some alert voters have been noticing that when ballots are inserted into return envelopes, the envelopes are sufficiently translucent that it’s possible to see how a ballot has been cast, and can be linked to a lot and section number printed on the envelope, before the envelope is opened for counting. In response to those concerns, the Elections Committee issued a press release indicating that “all ballots that are received will be counted. Should OPA property owners be concerned about ballot security, a ballot can be folded once (either along the short axis or the long axis) or wrapped in a blank piece of paper. “The scanning and counting process will accept ballots that have been folded once,” according to the press release. Previously, Habeger has said that ballots will be opened and counted by the Elections Committee on the Friday before the annual meeting, with none of that outsourced to Ace Printing and Mailing as was done last year. The Berlin company this summer is continuing its traditional role of holding ballots returned to the Berlin post office. Tom Gulyas, the proprietor of Ace Printing, personally picks up ballots left at the post office and takes them back to his office in Berlin, where they are stored in a safe. He does the same with ballots dropped off at the police station. He brings them back to his Berlin office where they, too, are stored in his office safe.

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OPA ELECTION

Former Director Esther Diller asks board to investigate ‘Truth and Justice’ emails

August 2021 Ocean Pines PROGRESS 21

Offers information to OPA attorney, directors that she says were traced to three OPA computers By TOM STAUSS Publisher topsy-turvy campaign season in Ocean Pines turned mysterious in July with information coming to light that computers linked to a former OPA general manager who worked in the Administration Building may have been used to discredit former OPA Director Esther Diller and, by extension, the candidacy of her husband, Stuart Lakernick, for the Board of Directors. Emails under the moniker “OP Truth and Justice” that painted Diller in an unfavorable light began showing up in the inboxes of Ocean Pines residents and the Administration building in June. There have been reports of hard copies showing up in mailboxes as well, with no way to measure the extent of the distribution. The emails were sent by an anonymous user or users using an offshore account, optruthandjustice@ protonmail.com. The company, ProtonMail, is based in Geneva, Switzerland. In mid-July, Diller said a personal friend with expertise in tracking IP addresses of emails had been able to trace the “Truth and Justice” emails to 21 computers used by the Ocean Pines Association and linked to a former OPA general manager whose name she declined to identify. That former GM had offices in the Administration building. Her forensic expert said in an email forwarded to the Progress that “reducing those [21 computers] down shows three active contributors,” adding that “the IP address is in Geneva, Switzerland. Tracking it goes to Liepzig, Germany,” and then to the 21 and three OPA computers. “After an intensive search, whittling down the IP addresses [further] the name is [the former OPA general manager],” according to the email.

Diller said she is sure that the former general manager had nothing to do with sending out the Truth and Justice emails, but “it is definitely confirmed it’s his computer. Find out who’s using his computer and you have your suspect.” She later clarified that her expert friend says there are 21 computers linked to this one individual no longer employed by the OPA. “I am not accusing any individual of sending out anonymous emails. I am simply and factually providing information about what is known so far, and I am asking the board -respectfully and professionally -- to authorize a forensic investigation into the origin of the emails, based on what my expert has uncovered so far,” she said. She also told the Progress she doesn’t think that current General Manager John Viola sent the emails at issue. Viola is known to use a laptap computer. Diller said she has sent two emails to OPA Counsel Jeremy Tucker asking for an OPA investigation, with the second one sent during the week of July 19 copied to the members of the OPA Board of Directors. She said the second email contained the more detailed information uncovered by her expert. In a recent statement issued by Diller, she explained the legal difficulties that were highlighted in the Truth and Justice emails. She was criminally charged and convicted for the way her business, operated with two partners, sold medical equipment covered by Medicare, the federal insurance program for seniors. She plead guilty to the various charges. She was sentenced in mid-June, receiving a $10,000 fine, three years probation, and a requirement to pay $4 million in restitution, which has been stayed pending further proceedings.

Stuart Lakernick

Esther Diller

She concedes that her now defunct company and all partners were charged with making illegal kickbacks, were convicted and have been sentenced or face sentencing later this year. “This occurred because of the way leads were being purchased, which in normal business world is acceptable but with Medicare and other federally funded programs is not,” she said in her statement. “As one of the owners I immediately took responsibility and have paid dearly for my lack of knowledge and mistake. We did not go lightly into this business. We had two law firms, a highly paid 20-year Medicare consultant and still we ended up making this mistake. “I did not get charged with fraud as some of these letters have insinuated. I did not steal $1.4 million as insinuated. I did not resign from the [Ocean Pines Association] Board [of Directors] because of this but rather due to a serious personal health issue and my mother dying of dementia. I am not a big federal criminal,” she said in her statement. Acknowledging her mistake that she says she has “paid dearly for” in a $10,000 fine, probation, sleepless nights, attorney’s fees and embarrassment, and a rejected application to serve on the OPA’s Budget and Finance Advisory Committee to boot, Diller nonetheless is crying foul in the manner in which her legal problems first surfaced in Ocean Pines through an anonymous email cam-

paign. She said the campaign under the Truth and Justice moniker was designed to tarnish her reputation with pejorative and one-sided reporting and, by extension, to hurt the campaign of Lakernick for the board. “My husband had nothing to do with my mistake and to call him a criminal or insinuate that he would be is wrong. In addition, many people who have gotten these letters have contacted me with offers of support and the bigger question I am being asked is how did this OPtruthandjustice get their email. That is a huge question. “The only place that has everyone’s emails is at our Association. I guess we will never know. You all decide. For those who have chosen to jump on the bandwagon of judging me, remember everyone has something in their life they aren’t proud of. “Be cautious on judging others especially if you don’t have all the facts,” she said in her statement. She said that she’s aware that the several individuals who received the Truth and Justice emails have filed complaints with the company in Geneva, ProtonMail, whose servers host the emails sent by Truth and Justice, and she has hopes that the company will be able to further isolate the computer or computers used in the campaign against her. “Doing this sort of thing is against their terms of use agreements,” she said. To post a complaint, anyone who received an email from optruthandjustice@proton.com can visit the company’s Website at proton.com or send email to pwb@proton.com. But she also would like to see the OPA authorize an investigation using the information her expert uncovered. In her initial email to Tucker in early July, she asked the attorney to “please call me. I am not looking to sue Ocean Pines. I love Ocean Pines. However, an internal investigation by your office or supervised by your office needs to be done to see who is sending out these emails.’” Diller said it would be extremely inappropriate for anyone with ties to the OPA to be using OPA computers aimed to impugn the reputation of a private OPA member, for the purpose of hurting the candidacy of her husband for the OPA board. Tucker responded in an email that “as you know, I represent u

22 Ocean Pines PROGRESS August 2021 Investigation request From Page 21 Ocean Pines Association, Inc. at the pleasure and at the direction of the Board of Directors. I have not been instructed to undertake an investigation related to your request. I am also unclear of the purpose or scope of the investigation you are requesting. “If you have information supporting your contention please provide it to me. I will pass the information to the Board of Directors to be reviewed and addressed as appropriate.” He went on to say that he wished Lakernick and “all of the candidates well in the upcoming election.” Diller said the board, which would need to authorize any investigation by Tucker’s law firm, was very quick last year in deciding to investigate former OPA department head Colby Phillips and others for allegedly attempting to undermine Viola, with very little to go on other than rumor and innuendo. “That was based on nothing more than the ‘good authority’ of someone respected in the community, someone that Director Frank Daly” told a local weekly newspaper he would decline to identify, Diller said. In this case, she said she has credible forensic evidence that has traced the computer or computers used in a campaign designed to malign her reputation in Ocean Pines and hurt her husband’s candidacy. In her statement, she also said that an unnamed OPA director had contacted a business associate of hers to tarnish her reputation. “This is not the first issue in the last several months that I have had with dirty OPA politics. “A director went to a business associate of mine and tried to discredit me and encouraged them to ‘google me’. He tried to cost me my livelihood. Does anyone believe that is OK? “Thankfully, this associate knew of my situation and stands with me. After being in contact with the OPA attorney several times and assured by him that he had told all the directors not to spread my personal information, a director repeatedly sent the information to the media in attempts again to hurt my husband’s campaign. “Unbelievable attempts to keep the ‘power’ and not have new blood on the board, unless it’s handpicked by them,” she wrote. Her July 1 statement appears on Page 29 of this month’s Progress.

OPA ELECTION

Three directors support investigation into Diller email evidence, with caveats OPINION

fession reportedly sets a range of 30 to 70 percent as

Election our Commentary Ocean Pines directors

July 20

Clarke points to

within limits forstatements ACC funding. OPA Club deficits. Clarke The candidate are The as follows: who replied to a acceptable From Page Progress 52 currently funds its replacement reserve at the low end edition of the Progr request to comment on Esther Diller’s by the multitude of candidates. of the “acceptable” range. should be used for a Doug Parks: “I don’t like the fact request for a forensic audit of emails used to Supik is seen as a Thompson cheerleader, and For what it’s worth, Thompson reportedly has Let’s look at the tw that this situation has come discredit her and her, the candidacy her someone in the mold ofthrough Pete Gomsak, a former board of recommended 50 percent funding of theabout, ACC, to be open. An OPA memb can’t ignore circumstance-is con- 30, 2016, (end-of-fi husband, for treasurer the Boardvery of Direcmember and Stuart current Lakernick, assistant OPA achievedbut overI ten years; thethe recommendation much aligned the Terry-Jacobs tained insof a document the on board majority won’t statement to conclu a personalthat attack a homeowntors, differwith on the how requestfaction. should be handled. not performed well Both Gomsak and Supik are retired accountants, let him release to the OPA membership. er. I would take the same stance reOPA President Larry Perrone was the most disThe statement is both are identified with the notion that OPA reserves A 50 percent funding level still would require a siggardlessinofthe who being attacked. flatlyand saying “we’re not going an invesare missive, underfunded, both are wedded to to thedo idea nificant increase lot was assessment, over a number site (under forms an believe we about shouldassessment investigate but thatlevels the OPA may capability” thattigation” the OPA’sand reserve should belack tied“the to someof years,I and talking increases is Operational stateme appear in departme thing the annual cost (ACC), a com-hasnever especially duringabout election season. I do have concerns spending ofcalled conducting one.component He noted that no director of- popular, annual audited fina putational confection conceived and embraced by the The rationale for keeping the document secret, acAssociation dollars. fered a motion to conduct an investigation based on Doug August. Parks The unaudit accounting profession. cording to Thompson, is that it is a working document my opinion multiple let-OPA’s the “official” ones a the forensic evidence has presented through the Gomsak and Terry tried she to persuade Supik to run involved in “In the updating and the completion of the the social media posts and the comments helpboard of a computer expert. The Yacht Club’s for the last year, failing to do so, but they suc- ongoing ters, reserve study. $76,219; a year earli ceededThe this other year. three are more receptive. That’smade absurd, the document itselfofis the com-community bybecause a number of members Granted, the year If anyone is the anointed candidate of this particu- plete and in one or two onhas thebeen topicreferenced are not coincidental orboard random. Given OPA Treasurer and former president Doug Parks nificant, but a loss lar faction, it’s Supik in spades. meetings. Property owners paid for that document, the case information has been public for more than said has he said would support an investigation, ex- it ought to be released immediately. hefty funded depre Supik that, as chairman of the Budget but and heand two years, it doesn’t take a Rhodes scholar to, at the past year s pressed uncertainty about whether it should be coning) this Finance Advisory Committee, she is used to navigating Thompson seems willing to release it, but he’s bethrough the annual in very roiled waters, forging a consensus in a group ing stymied by some of his board overseers, who in very least, infer that the timing and publicity of this ducted before or after election results are known. Supik could have with, atFrank times, Daly, sharply confl icting views. this instance prefer secrecy over disclosure and transinformation was targeted specifically to potentially a candidate for the board this sumOther candidates over the years have said that parency. Perhaps they fear that the Thompson recom- had she indulged in influence the upcoming election. not dismiss for an investigation they,mer, like did Supik claims now,the can need end board factionalmendation could become an election issue, adversely most recentl numbe “We need to get to the bottom of this and also seems but said that despite it should handled by Supik ism out and of infihand ghting. It continues, thebe best ef- affecting certain candidates, particularly Supik, whoattack (rather address the issue so it does not happen again inthan repairin fortsthe of those who say they can end it. has been open in her viewpoint that OPA reserves are General Manager, with no involvement by the nities, with the Coun Factional infi ghting will probably continue regardunderfunded. the future and to avoid any potential legal risk. No board. current minority fact less of who is elected this year. It goes with the terWhat they don’t seem to realize is that by keepOPA homeowner should be actively attacked in this Director Tom said was becomes 100 percent init secret, it could also have the effect of adversely it’s not certain wher ritory. It becomes uglyJanasek when the infihe ghting ing If the information wasSupik, obtained generfavor such of anasinvestigation if Diller has going “actual part of the majority personal, when one director says he’s to proof” affectingmanner. certain candidates, particularly evenas a al matter of course that’s one thing, but to actively strongly biased in th throw a colleague through were the wall fortothe temerity more so than if they had allowed Thompson to release that OPA computers used send out anonyThe candidates m of seeing differently. his recommendations, and their rationales, to thecommunication OPA pursue an unsolicited and targeted mousissues email. continued tenure as Ocean Pines’ ACC has been estimated at roughly membership. is vastly inappropriate. The other members did notare respond $14 million, whichthree could board mean that OPA reserves Supik also has come under fire from former board mon, Daly, Ray Unge to the Progress u who like th Those underfunded by $10 request million iffor 100comment. percent funding of member Clarke for her public statements to the effect

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August 2021 Ocean Pines PROGRESS 23

OPA ELECTION “As far as the timing of an investigation, I am of two minds as we are damned if we do and damned if we don’t. One thought is the sooner the better, but that could be viewed by the membership as the board trying to influence the election. The other thought is that if we wait until after the election it may be viewed as a moot point and unnecessary. In any event I would support an investigation.”

quite honestly it’s not our business.”

Frank Daly: “There is no need for Board involvement or approval of any investigation. The General Manager is the Chief Personnel Officer of the Association and is empowered by our bylaws to follow up and investigate any accusation of wrong-doing within the Association. The Board would only be involved if the accusation was directed at the GM or a Tom Janasek: member of the Board. If such accu“If Esther has actual proof that sations were made I would support this is coming from within the an investigation and would expect OPA, then I”m 100 percent in fa- all other Board members to be in vor of an investigation. So far I’ve agreement. received and seen correspondence “I have not discussed this with from whomever the disgruntled per- the GM and have no intentions of son may be, but I have no evidence doing so. I fully expect him to work where it’s coming from.” with the Association HR Staff and others as necessary to investigate Larry Perrone: Diller’s accusations. In previous sit“Our position hasn’t changed. uations that I am aware of the GM We’re not going to do any investiga- has fulfilled his obligations to investion, and no board member has made tigate complaints and has done so in a motion to do an investigation, and a thorough, professional manner. In we have have not instructed counsel the past these investigations have to do one. been completed in a relatively short “Quite honestly I don’t know that amount of time, typically days not ΊΙΙΛΘΟΎ΍ ψϟ ΎϊϝχϘϊ ΕϏχϔ we can, Prince that we have the weeks. Georges Cntycapability Md ΍χϚϋͧ йрͿкйͿлйкт to do what she wants anyway. And “I will provide this caveat. Diller, ΎϞϖ ϊχϚϋͧ йрͿкйͿлйлй the organization she founded - Ocean Price: 98.500 (00.00) Ί΍и Pines – Get Involved, and the candidates that she and her organization Coupon: 3.25 (00/00/00) have recruited have made a number When should you07/15/2036 start receiving Social Security? Maturity Date: (00/00/00) of unfounded accusations, misleading statements, and outright lies Callable Date: (00/00/00 or your N/A) Think carefully about 07/15/2028 when to start receiving benefits. during the course of the past several months. The most recent being an 100 CallYouPrice: (000) could be reducing your benefits by 39%. accusation of favoritism and bias by Aaa / AAA Rating: (XXX/XXX) the Elections Committee that was I am here to help make that decision easier for you.

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Twitter, Nextdoor postings by sitting director put board candidate’s wife in unfavorable light Daly says activity is consistent with OPA counsel’s legal advice By TOM STAUSS Publisher ardball politics or dirty politics or simply responding to questions put to him on on-line social platforms: Incumbent Director Frank Daly has not shied away from letting Ocean Pines Association members know of former Ocean Pines Association Director’s Esther Diller’s legal difficulties, which she herself has disclosed in a statement published in local media. The statement appears on Page 39 of this month’s Ocean Pines Progress. The Progress has obtained copies of a June 14 twitter post attributed to Daly under the naughtyjihadist hashtag in response to an anonyu

totally debunked by the candidates themselves. As such I would expect that any serious expenditure of Association time, resources or money be preceded by a thorough vetting and substantiation of any ‘facts’ presented by her expert.” Former Director Esther Diller: “This request for an investigation has nothing to do with the candidates or the Ocean Pines - Get Involved group or even the election. It has everything to do with the possibility that Ocean Pines computers,

homeowners’ mailing and email addresses were used inappropriately to target a homeowner. As a homeowner who has been targeted I can’t be held accountable for what others post on social media. Frank Daly’s incorrect response cannot be a distraction from the real issue, which is that it is unacceptable under any circumstance for employees, OPA computers and confidential homeowner data to be used to target a homeowner. This investigation could be easily accomplished without any serious association expenditures.”

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24 Ocean Pines PROGRESS August 2021 Social media wars

From Page 23 mous letter he received asking him to post information about Diller’s federal case on twitter. Also obtained was a copy provided by Diller of a Daly posting on Nextdoor’s Ocean Pines site in which Daly references Diller’s “criminal activities.” Daly provided a slightly expanded version of the same Nextdoor post showing he was responding to a question posed by a user on the site. Daly said that in both cases his actions on Twitter and Nextdoor are consistent with legal advice given the Board of Directors by OPA counsel Jeremy Tucker, which wasn’t an order to say nothing about the Diller case. “The gag order was really advice to avoid any speculation and rumor. His position was we owe her nothing. If asked, [we were told to] reply by directing someone to the public information available on the Internet [about her case],” Daly said. In the case of the twitter post, Daly provided no commentary but simply provided a link to a site

OPA ELECTION

where court records are available. He says he doesn’t know who asked him to post the information on twitter or the identity of the twitter user who received the link, who went under the name OPProblems. “As part of this mystery, I received a letter asking some questions about Diller and to post the answers on Twitter: If you search you will find that this is the first tweet that I posted since the height of the conflicts in Afghanistan and Iraq. My post followed Jeremy’s guidance but I found it to be a curious request,” Daly said. Is it possible someone wanted Daly to post “dirt” on Diller so it in turn could be used against him at some point? “Maybe. But however and whatever, whenever I am asked any questions [about the Diller case], my response is ‘look the information up on the Internet.’ Best to follow the guidance of counsel on this issue,” he said. He didn’t seem particularly embarrassed by the hashdag identifier naughty jihadist linked to his name. “The account was actually hacked and I never changed the Naughty

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At left,a a copy of a twitter post Frank Daly sent in response to a request about Diller’s case. Below, a copy of a Nextdoor post provided by Daly showing he was responding to a question, and below that the same Nextdoor post provided by Diller showing that Daly was posting unflattering information about her case.

Jihadist [hashtag] courtesy of the hacker,” Daly said. As for the Nextdoor posting, Daly said it was in response to a question on the site by a user. “The Board, the GM and members of the community have received unsigned letters, emails, and phone calls providing details of Esther Diller’s Federal criminal activities. All have contained a mixture of factual, verifiable information along with speculation and innuendo. The most recent unsigned letter was received last week at the Administration Building,” Daly wrote. In a text message to the Progress, Diller said, “so this appropriate for a sitting director to put out about a homeowner?” Daly didn’t respond to whether it was appropriate, but in his view it was consistent with Tucker’s legal advice. “The screenshot provided by Esther cut out the context. I was responding to a question posed on the Nextdoor site, as my screenshot clearly indicates,” Daly said. Diller said the Daly postings are part of a pattern of some OPA directors attempting to tarnish her reputation and hurt the chances of her husband, Stuart Lakernick, to win a seat on the Board of Directors this summer. She says the pattern includes anonymous emails sent out to Ocean Pines property owners under the Truth and Justice moniker from a email host in Geneva, Switzerland. A forensic investigator has traced Truth and Justice emails to three active contributors using computers linked to a former OPA general manager who worked in the Ocean Pines Administration building. Daly told the Progress recently that he’s not sure the Truth and Justice emails are designed to hurt Lakernick’s candidacy. Since the OPA offices first received copies of anonymous emails about Diller’s federal case shortly after she applied for membership on the Budget and Finance Advisory

Committee, he said it’s possible they were designed to keep her off that committee. “It might not have anything to do with the election,” Daly said, noting that Lakernick was not in any way tied to Diller’s case.

OPA ELECTION

August 2021 Ocean Pines PROGRESS 25

Board debates wisdom of supporting Elections Committee against charges of bias against two board candidates Directors debate appropriateness of holding special meeting By TOM STAUSS Publisher n a meeting that two directors initially said the board shouldn’t even be having, all seven members of the Board of Directors opted to allow the chairman of the Elections Committee to take whatever additional action he deems necessary to defend himself and his committee against charges they had displayed bias against two candidates for the board this summer and favoritism towards another. Chairman Steve Habeger had already defended himself and committee actions in a very low-key manner in a statement posted on the Ocean Pines Association Website and Facebook Page in mid-July, but a board consensus near the end of a special meeting held July 18 indicated that

he could take further action, such as writing a letter to local newspapers, if he and his committee decided their message was not getting out sufficiently to all 8,452 properties in Ocean Pines. Ocean Pines Association Director of Marketing and Public Relations Josh Davis was also directed to send out an e-blast containing the earlier statement to everyone on the OPA’s list of property owner email addresses. An additional press release was also suggested, but without the same emphasis as the e-blast. The board stopped short of authorizing Habeger to place paid ads in local newspapers, but said he could come back to the board for approval to spend money on paid ads later if he deems it necessary to get a mes-

sage out. There’s been no evidence that Habeger is taking advantage of that opportunity. The directors were navigating a fine line between defending one of its standing committees and appearing to intervene in the election on behalf of one candidate, incumbent Director Frank Daly, and against two candidates, Stuart Lakernick and Rick Farr, who had alleged committee bias in the scheduling of a second candidate’s forum that neither attended because of other commitments. Whether they succeeded in that navigation probably lies in the eyes of the beholder. In addition to debating the appropriateness of conducting a meeting on alleged committee bias so soon after ballots were sent out to the

OPA, the directors heard and ultimately rejected the advice of counsel Jeremy Tucker, who suggested that the discussion was better held in closed session. [See separate article on Page 26 of the Progress for details.] Tucker went along with the decision to keep the discussion in open session when it was clear that the directors were inclined to do so despite his advice, provided that they avoid references to individuals or make comments that could be litigated post-election. After about 40 minutes, the directors voted unanimously not to go into closed session to discuss what they had already discussed in public. OPA President Larry Perrone, who presented his motion for a closed session earlier in the meeting, and Daly, who seconded it “for discussion purposes,” joined all five of their colleagues in opposition to Perrone’s motion. The meeting was also notable for comments by appointed Director Frank Brown, who generally does not speak at board meetings. He commented that were not for u

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26 Ocean Pines PROGRESS August 2021 Bias allegations

From Page 25 the flurry of emails that went out among the directors about the meeting, he would have been clueless about the meeting agenda. He said he doesn’t participate in social media, and most of his neighbors aren’t even aware of who’s running for the board this summer. To laughter among his colleagues, he said he spends his time golfing and fishing. Another notable comment: Director Camile Rogers said she suffers from high blood pressure and would walk out of the meeting if it became heated or acrimonious, which it threatened to do early on when Perrone and Director Doug Parks got into a testy exchange over whether the meeting should have been called. Both directors seemed to lower the temperature after her remarks. At the conclusion of the meeting, she commended the meeting for its civility and the directors “coming together” on a consensus. Before Perrone had an opportunity to offer his motion for a closed session, Parks said that the “[stat-

OPA ELECTION

ed] reasons for this meeting are inappropriate. There is no reason to be having this meeting at this time. The premise [for having this meeting] does not fall under the boundary of the board’s authority or involvement. ... I’m not in favor. I’ve told the board we shouldn’t be having it.” When Perrone seemed to run a little hot at Parks’s comments, Rogers asked for mutual respect and gentlemanly discussion. “We’re not going to point fingers. We’re not going to yell at each other. My blood pressure is high. We’re going to do this respectfully or I am going to leave,” she told her colleagues. Perrone, in response to Parks, said the meeting was appropriate because two candidates, in comments posted on oceanpinesforum. com, “accused the election committee chair and committee of bias in favor of another candidate.” He said the charge of bias “does fall into the board purview. The integrity of the election is of outmost importance, and two candidates [are] questioning the integrity of the election.” Perrone said the purpose of the

meeting is to discuss whether the board should do anything about that, and what form that might take. Director Tom Janasek said he agreed with Parks. “This is the first I’ve heard of why we’re having this meeting,” he told Perrone, adding that he doesn’t read oceanpinesforum.com, the Ocean Pines Progress or the Get Involved Facebook site established by Esther Diller, a former OPA director and wife of Lakernick, “apparently where this [claims of bias] comes from.” He said that Perrone initially sent out a meeting notice with very little detail about why the meeting was called. “I have issue with the same thing I’ve had for some time, non-involvement of all seven directors,” Janasek said, adding that his second issue was “going into closed session to discuss a matter that doesn’t involve an OPA employee.” Janasek said that Habeger “doesn’t want the board involved at all. He’s a volunteer, doesn’t get paid by the OPA, and he’s perfectly fine; he can handle it himself. “So who’s bringing up the issue, it

isn’t him,” Janasek continued, adding that “we’re never going to control social media. We shouldn’t get involved” in allegations of bias. “A closed meeting during the election makes us look we’re trying to influence the election,” he said. “It’s the worst thing we can do. It’s ridiculous. I don’t agree for a second [with calling the meeting] ... I’m disgusted with the whole thing.” Perrone replied that his email to the board stated specifically why the meeting was being called -- accusations of bias against the Elections Committee -- and that Parks understood the reason for it. Janasek stood his ground, saying he now knows the meeting’s purpose, but that Perrone’s original email didn’t spell it out. Rogers then weighed in, initially appearing to side with Janasek and Parks. “I spent time with the elections committee and they don’t want the board involved, and I concur, we’re overstepping our boundaries and I am advocating for a committee I represent,” she said, referencing her role as the Elections Committee’s board liaison.

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OPA ELECTION

August 2021 Ocean Pines PROGRESS 27

Board debates bias issue in open session Rejects initial advice by attorney that discussion better held in closed session

By TOM STAUSS Publisher special meeting called July 18 for the purpose of discussing allegations of bias against the Elections Committee seemed headed to a closed session, but directors turned the tables on the motion for a closed session offered by OPA President Larry Perrone and debated the matter for 40 minutes in public session instead. The directors also rebuffed legal advice proffered by OPA General Counsel Jeremy Tucker, who was attending the meeting remotely by telephone, that the discussion of the allegations should be held in closed session. After Perrone offered his motion to go into closed session and Director Frank Daly seconded it for discussion purposes, Daly asked Tucker about the grounds for doing so. Tucker replied that discussing the issue of alleged bias by the Elections Committee “would ultimately do a disservice to what we’re trying to protect, the integrity of the election. I’d be concerned about about statements that could be used against the integrity of the election.” A comment by Director Doug Parks, the OPA treasurer and chief financial officer, was the first indication that the proposed closed session was facing resistance. “What evidence do we have the integrity of the election is at stake? How do we know it’s at risk. I’ve heard nothing that says it is,” Parks said, adding that if the board reacted to everything “negative about this board we’d be in closed session seven days a week.” Tucker said he agreed, but added that “It’s not the comments I’m concerned about, it’s the potential response to those comments,” without really making it clear whose comments he was concerned about. In any event, Parks said that “one solution [to Tucker’s comments] would be not to have a meeting, to which Tucker responded, “That’s a solution, yes.” Director Colette Horn said she didn’t think there was any legal risk for “putting out a statement in support of the Elections Committee and that she didn’t think there was a prohibition against discussing that proposition in public.” Director Camille Rogers agreed,

saying the board was considering “what if, or could be” and not a legal issue. “I agree with Colette, I don’t think we have what it takes, the standard for a closed session,” she said. Tucker didn’t give up, telling the board that the Maryland Homeowners Act permits the board to conduct a closed session to discuss legal matters. When Parks interjected by asking Tucker what the legal matter was, Tucker said “anything that impacts on the election,” noting that any homeowner can challenge an election” and that comments in public session could be used against the OPA in the event election results are challenged in court. Horn pushed back and said “we’re not discussing the validity of the election. We’re not going to discuss the election, but the appropriateness of putting out a statement in defense of the committee.” At that point Tucker threw in the towel. He said an open session discussion would be OK if the board avoided making “conclusionary statements” and would “just stick to the facts and avoid comments about individuals.” Directors said they would try to do so. Daly then raised the question about what Tucker thought

the board’s response should be to “broadly distributed charges of bias, the integrity of the election, their credibility.” Tucker said there was no legal prohibition for the board to weigh in on the matter, because the Elections Committee is a duly authorized standing committee of the OPA that serves “under the board.” “So is it the board or committee’s responsibility to ensure the community that the committee is free of any nefarious activity?” Daly asked, to which Tucker said it’s the board’s responsibility to ensure that internal election procedures are followed. “Anything outside of your control, there is no obligation to step in,” Tucker said, which still didn’t seem to clarify the board’s role. “So as a practical or legal matter, where should the response [to charges of bias] come?” he asked Tucker The attorney said that unless the board believes there is bias on the part of the committee, statements in defense of the committee should come from the committee. Director Tom Janasek jumped in to say that the committee had already released a statement on the OPA Website, answering the charges of bias that appeared on oceanpinesforum.com. “Why give credenece to Joe Reynolds’ forum,” Janasek said. “Just

having this meeting makes for bad optics, shows us trying to influence the election.” Tucker suggested that political campaigns are notorious for candidate misstatements, or even lies, and that if there is a designated Elections Committee in a position to comment, the board should stay out of it. Parks and Perrone then debated the charges of bias against the Elections Committee, with Parks tending to downplay them while Perrone did just the opposite. “What transpired, comments on social media, we just have a comment,” he said, but Perrone said it was much more than that, an allegation. Parks said the remarks at issue were comments and should be treated at such. “Just because somebody doesn’t like something [that’s said], we’re reacting and we shouldn’t be,” he said. Perrone repeated that at issue were two candidates alleging bias, and that when candidates make accusations, “that takes it to a different level. The issue should be addressed to the community. How we do it is another story. “Whether we do a point by point rebuttal or just affirm the committee’s position, that’s up for discusu

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28 Ocean Pines PROGRESS August 2021 Attorney rebuffed

From Page 27 sion.” Perrone said, adding that “I believe these allegations are enough. As a board I believe we have an obligation to assure the community that the process is not biased. This is not about the candidates, but [about comments] they made challenging the credibility of the process and the committee.” Parks said the protocol to be followed would be for the committee to respond, not the board, but Perrone again insisted that, while he wasn’t looking to fight, “as a board we have

obligation to counter any allegation there’s any bias” by the committee against or for certain candidates. Horn weighed in on Perrone’s side, telling her colleagues as the executive body “ultimately responsible for committees, we should affirm we have faith in the integrity of the committee.” Daly, who’s running for reelection to the board, noted that the charges of favoritism were made against the committee, not the board, and that therefore the “public response to that should come from the committee.” While the board shouldn’t re-

OPA ELECTION spond, Daly said the “the committee’s response should be transmitted to as many of the 8,450 property owners as possible, as soon as possible ... the committee can defend itself. Our obligation is to get it out to as many people as possible.” Daly asked Tucker if that was acceptable and Tucker said it would be. Both Parks and Janasek essentially said neither a board response nor additional response by the committee was called for. “He [Habager], he wrote a response. He’s already done it. We’re redundant,” Parks said.

But Horn said that wasn’t enough. “I do believe the committee deserves unanimous support from the board, for their professionalism and integrity,” she said. “Don’t we do that after every election anyway? We’re beating a dead horse. Some want it in all the publications out there, [but] we don’t need to be doing this,” Janasek responded. Parks wondered whether the discussion in open session demonstrated support of the committee, and Horn said it did but “we think it should be more.” After more back and forth among the directors, Perrone called the question on whether to go into closed session. The motion failed, 0-7, with Perrone voting against his own motion.

Elections panel to return to traditional vote count method

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ast year, ballots in the annual Ocean Pines Association election for the Board of Directors were opened and then saved in portable document format (PDF) tranches at the Berlin offices of Ace Printing and Mailing for compiling by the Elections Committee, reducing the work load of committee members. This year, Chairman Steve Habeger said, the committee is returning to the traditional method of opening and counting of ballots on the Friday before the annual meeting by committee members, in public. The vote count session is recorded. A new scanning machine has been purchased to aid in the counting. The vote count has been moved from the East Room in the Community Center to the Board Room in the Administration building, where it will be open to the membership. Habeger also confirmed that after two terms on the Elections Committee, when his second terms expires in September he will not be seeking reappointment to a third. “Five years is enough,” he said. “I’m retired, and this a volunteer position.”

OPA ELECTON

Lakernick, Farr explain absence from second candidates’ forum

August 2021 Ocean Pines PROGRESS 29

Candidates spar over alleged challenge to Elections Committee neutrality By TOM STAUSS Publisher ifficulties in scheduling all four candidates to attend the second of two candidate forums resulted in a kerfuffle between the candidates over reasons and also ensnared the Elections Committee in a charge that it showed favoritism towards one candidate, Frank Daly, in the scheduling. The forum took place on the date finally arrived at for the event, July 13, with only two of four candidates attending, Daly and David Hardy. It originally had been scheduled for June 19 when two candidates said they couldn’t attend. In comments during the forum, Elections Committee chair Steve Habeger said that candidates Stuart Lakernick and Rick Farr had “declined” to attend, adding that it was up to the candidates themselves to explain the reasons. They did. Lakernick said on the week of the scheduled forum he had a medical procedure with a patient that he didn’t think was fair to postpone. Farr said his family was having a memorial event for his late mother. Good enough reasons, one might think, but it didn’t end there. Farr and Lakernick posted comments on oceanpinesforum.com that took exception to Haberger’s comments and also impugned the neutrality of the Elections Committee. “The moderator for this eve-

ning’s forum was totally inaccurate in stating that ‘Lakernick and Farr declined to participate.’ The truth is I was unable to attend the forum due to the recent death of my mother and a celebration of life that was planned to honor her. I was unable to attend - not declined to attend,” Farr said. He then charged that “this is definitely a non-neutral Elections Committee and very partial to the current board member seeking re-election. Accommodations were made by the election committee for Frank Daly to celebrate his wedding anniversary and move the forum date to today. I was not offered the same accommodation afforded to Mr Daly.” Lakernick also referenced Daly’s wedding anniversary in a post on oceanpinesforum.com. “We had no issue with that. However, when alternative dates were offered, myself and Rick Farr had obligations that could not be changed. It is disheartening to see that the candidate forum is still being held without the two of us. We do not understand why accommodations were not made for us as were made for Frank Daly,” he said. Lakernick said his absence from the second forum stemmed “from the fact that I have a traumatic brain patient coming into my office. These patients come from many distances and book months in advance for a week-long protocol, four sessions

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a day. I cannot leave for a Tuesday night forum when I have a patient here all week.” That triggered a somewhat pointed response from Daly, who said the campaign timetable was spelled out during the traditional candidate draw for ballot position. “The second candidate forum was in fact scheduled for June 19 from 7-9 p.m. It was also clearly stated ‘if needed’,” Daly said. “I informed the Committee that if the forum was held that I would not attend because I would be out of town celebrating my 50th wedding anniversary. “At no time during that meeting did I ask them to change the date nor did they offer to do so. At no time after that meeting have I asked them for a specific date; and at no time has anyone from the committee asked me, and me alone, for a specific date. “After the first forum the oth-

er candidates and myself received multiple emails asking us for our availability to participate in a second candidate forum. I cannot tell you how many emails, since I delete them after responding but I can assure you that multiple emails were sent to all candidates. I got the distinct feeling that the committee was having difficulty in nailing down a time that all would agree to. My final response to the committee was to select a date suitable to the other candidates and I would adjust my schedule accordingly,” Daly said. He added that any “notion that the committee extended any special consideration to me, or that I requested any special consideration, is a flat out lie designed to do nothing more than impugn the credibility of the Elections Committee.” Farr and Lakernick are disputing any suggestion they would not have attended a second forum regardless of date. They are saying that the proffered dates conflicted with their schedules. According to a July 14 statement issued by Habeger, Haberger says Lakernick called him on June 18 and said he “did not intend to particu

30 Ocean Pines PROGRESS August 2021

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Second debate

From Page 29 ipate in a future candidate forum.” According to Habeger, Lakernick cited “the low number of people who had viewed the video of the first forum,” at the time less than 300. Lakernick on oceanpinesforum complained that Habeger did not report the full conversation, writing, “Yes, when I told Steve (Habeger) I couldn’t attend because I have a brain rehab patient, I did say that I wasn’t overly concerned because it appears most homeowners don’t come or even view the forums. Let’s explain the full reason, not just parts of the conversation.” Habeger also says in his statement that on Monday, June 21, Farr sent an email to the committee which said, “in part, I have decided that I will not be participating in the second candidate forum.” Farr has not offered any additional comments with respect to that particular email, although he has confirmed that it said he wouldn’t be attending a second forum. Daly then entered the fray and said in remarks to the Progress that the June 21 email from Farr to the

Three board candidates express support for GM contract extension

Only David Hardy steers clear of endorsement, refers to Viola as ‘individual’ in response to inquiry

hree of four candidates for the Board of Directors this summer endorse an extension of John Viola’s contract that expires on June 1 of next year. On board are Stuart Lakernick, Frank Daly and Rick Farr, with only David Hardy on the fence about it. Their statements:

Stuart Lakernick: “I feel that Mr. Viola has done a good job for Ocean Pines. Our $1.2 million deficit has been brought to zero under his regime. He got our community through covid 19. No short task there. He has formed an excellent management team and group of employees who follow through with the assigned projects and daily operations. My job as a director will be to support his continued success. “I feel that offering him a new contract is in Ocean Pines’ best interest. “The bigger issue remains that when Mr. Viola retires, what is our succession plan? I feel that he should be directly involved in choosing his successor and training them. I do not want to see us going back to conu committee suggests to Daly that no date would have been satisfactory to Farr for a second forum. He repeated his charge that Lakernick and Farr were unfairly impugning the neutrality of the Elections Committee in trying to schedule a second forum that all four candidates would attend.

“The email and phone call speak for themselves,” he said. It seemed possible that the Board of Directors would enter the fray on behalf of the Elections Committee scheduling a closed meeting on Sunday, July 18, to discuss the possibility with OPA lawyer Jeremy Tucker of placing full page ads in local

newspapers defending the committee’s actions. After a 40-minute discussion, in open session, all seven directors voted not to go into closed session to discuss the matter. It appears there will be no action by the board to place paid advertising in support of the elections committee.

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OPA ELECTION

August 2021 Ocean Pines PROGRESS 31

tinuing to have turnover in the GM position. “Continued stability in the GM office is of paramount importance to the continued success of our HOA.” Frank Daly: “The General Manager position in Ocean Pines is highly demanding. It requires high level operating, financial, customer service and political skills. “Success in this role depends is based on performance, not popularity. “In this role John Viola has consistently met or exceeded expectations given to him by the Board in all areas. He has done so not only with the current Board but with all previous Boards that he has served under. “Given the excellent results that we have experienced under his leadership, an extension of his contract is warranted if he choses to do so.” Rick Farr: “It would be my job as a director to work with and along side our GM to ensure they are successful in their position and the decisions we make as a board are always at the best interest of all our residents. As you are aware, the GM works at the pleasure of the board. To date, in my opinion, John has done a good job with overseeing the community and I would support a contract extension.” David Hardy: “I’m not in a position to make a decision regarding this individual. Further, as I don’t have access to the individual’s performance records, it would be wrong of me to render an opinion.”

Daly, Hardy tout OPA’s strong financial position Shorter forum hosts only two candidates By ROTA KNOTT Contributing Writer he two candidates for the Board of Directors who attended a mid-July candidates forum sponsored by the Elections Committee heaped praised on Ocean Pines’ strong financial position, answering a question on what is working well in Ocean Pines. “I would say “thank you” to whoever’s been managing our money up to this point. I’ve been a homeowner just over three years. The HOA fee hasn’t gone up,” David Hardy said, adding “I went to the pools. I’d go to the marina. This is the third time in my life I’ve been in this building. It’s a beautiful building. Thank you very much for having built it. I enjoy the beach, I enjoy boating. It all seems to be functional.” The building to which he referred was the new Golf Clubhouse. Hardy said the OPA owned property is in good shape, and most of the homes in the community are also well maintained. Frank Daly said Ocean Pines right now is in really good shape. We are consistently one of the safest communities in Maryland,” he said, adding, “We’re in great financial shape. Our fees, the HOA fees, are low. Our amenities are in good working order. We offer quality service. And, actually, over the last three years, we have been able to transcend and go from major problems of buildings that we could not use -like where we’re standing right now -- to everything in good working order.” Now, Daly said, the board is addressing lower-level problems like community beautification. “And that’s exactly where we want to stay, to continue to get better and keep eating away at the problems

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32 Ocean Pines PROGRESS August 2021 Second forum

OPA ELECTION

Candidates support new crabbing pier

From Page 31 money on and I don’t want to leave that as a legacy for myself, for the other property owners here in this community.” He said Ocean Pines is diverse and the community needs to accommodate every single subset of the homeowners. Cite lengthy approvals process, cost as potential hurdles When asked about the separation of responsibilities between the Board and the OPA staff, By ROTA L. KNOTT agreed with Daly and Hardy. Daly said those responsibilities are clearly deContributing Writer Daly said the OPA’s operations team has fined. The general manager is the chief operating wo candidates seeking seats on the been tasked by the Board for the last few officer of this association and responsible for the Ocean Pines Association’s governing years to develop a plan for replacement of the day-to-day operation, while the board’s job is to body were generally supportive of recrabbing pier including finding a new locaestablish the policies and objectives for the operplacing a crabbing pier that was removed tion. He said staff is to present both the loations team to successfully complete. from the Whitetail Sanctuary section of the cation and the cost to the Board for approval. He said the board should hold staff accountcommunity due to its deteriorated condition. He pointed out that the crabbing pier that able for the goals it sets and not be involved in During a July 13 forum, incumbent Frank removed from Whitetail Sanctuary was never the day-to-day operation. Daly and newcomer David Hardy, candidates fully accepted by the OPA as an amenity. “So, Hardy said the separation between staff and in this summer’s Board of Directors election, when the operations team does come up with the Board is not unlike management roles he has both said they are willing to consider replaca location; they do come up with a cost, we had in private industry, the military or in governing the crabbing pier but wanted to know have to go through the process of bringing a ment service. While all OPA employees technicalhow much it will cost. new amenity onboard, communitywide.” ly work for the Board, he said there is a manageThe other two board candidates, Richard Right now that project is resting with the ment chain. Farr and Stuart Lakernick, did not particioperations team and the board is waiting “They work for the general manager. And I pate in the second forum of the summer hostfor staff to recommend a new location and would be going to the general manager or my feled by the OPA’s Election Committee. provide a cost estimate, Daly said. But, he low Board members. We’d be having a discussion But in response to an email from the Progpointed out that any construction of a new to decide what is appropriate to give guidance or ress, both Farr and Lakernick more or less u recommendations or requests, depending upon the situation,” he said. Associate Broker, GRI, CRS

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OPA ELECTION crabbing pier will involve multiple approving agencies. “The minute that you’re in Ocean Pines and you walk from land like this out to water like that through any kind of reeds, you’re going to be dealing with the Army Corps of Engineers, the Department of Natural Resources, and a whole bunch of other people,” Daly said. He added that it will not be a quick process or a cheap process, but it’s one that the board is willing to go through. “It’s hard to argue with the answer that Frank just gave,” Hardy said. “Crabbing is good. I don’t personally do it, but there’s a faction of the community that enjoys going out and trying to catch some dinner or just experience with their kids the thrill of catching a crab. And I’m not going to in any way ever want to belittle that, because it’s a great experience. I know I did it as a kid.” Hardy pointed out that any new project wouldn’t be the replacement of an existing facility or amenity because the original crabbing pier wasn’t technically a community-wide amenity. He also said such a project would have an impact on the waterways and that means the federal government and the state government will get involved. “It means consultants will get involved, because you’re building a new structure within a waterway.” Hardy didn’t want to guess at the potential cost of constructing a new crabbing pier. “At this point, [I] would not know how much it would cost -- is it a $500,000 project? Is it a $200,000 project? Is it a $1 million project?” he asked. “That is something to be determined.” Still Hardy said if members of the community are asking for a new crabbing pier, then the board should consider such a project. Lakernick agreed that the old pier was a “builder’s amenity not a Ocean Pines amenity. That being said, I would like to see it replaced but we need to carefully evaluate the location so it fits the needs of the majority and respects private property and is enjoyable for everyone.” Farr also referred to it as “a builder’s amenity, and there is a lot of interest in getting it replaced,” including himself. “We should have resident involvement and get their recommendations and evaluate a location that makes sense so all residents can enjoy it.” He said the OPA should research all funding avenues, including private funding or donations.

August 2021 Ocean Pines PROGRESS 33

Daly, Hardy say Beach Club not in need of replacement

Lakernick, Farr say more information is needed before making a judgment By ROTA L. KNOTT Contributing Writer ncumbent Frank Daly and newcomer David Hardy, candidates in this summer’s Board of Directors election, had the stage all to themselves during a July 13 forum. Topping the list of questions posed by community members was what to do with the Beach Club in Ocean City. Daly said it is in the best interest of the association to extend the life of the existing Beach Club facility, which is still usable, for as long as possible by doing interior and exterior renovations to seal the envelope. “And by the way, two years ago we did exterior renovations.” He said at that time all the windows were leaking and the doors didn’t lock at the Beach Club. “We took care of that with a $200,000-plus expenditure,” Daly said. “By spending probably an equal amount to make sure the roof and then the siding is weather-tight, we can guarantee a 25 to 30-year lifespan on that facility and by doing interior renovations we can equal that 25 to 30 years of useful use for this community, and we can do that probably for under a half-million dollars.”

Since it was mentioned at a previous candidate forum, Daly said he investigated the potential cost of replacing the Beach Club. “So, I’ve talked with two separate general contractors and both are of the opinion to get the permitting done to replace that Beach Club -- replace it -- would be a $1 million proposition before you broke ground.” Hardy agreed with Daly, saying “Well, I can’t argue with what was just stated. You don’t just replace a building because you want to replace a building. You have to maintain the building.” For the Beach Club, he said his understanding is that the OPA has been investing in improvements to the property. He said money should be spent to maintain the Beach Club but at this time there is no reason to replace it. “By putting work into the existing structure, my understanding is that you’ll have a building that eventually -- 20 years from now -- we’ll need to talk about replacing. Until that time, though, you have an excellent facility that gives a beach experience to those that go there, that offers the amenities that you expect at that type of clubhouse. And that, u

The iconic Ocean Pines Beach Club in Ocean City at sunrise. Does it need to be replaced? Two candidates for the Board of Directors this siuummer are sure it doesn’t; the other two say a study is needed to find out.

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34 Ocean Pines PROGRESS August 2021

OPA ELECTION

Beach Club

From Page 33 with the beach and with the pool, is a gem for our community,” Hardy said. He did support renovations to Beach Club restrooms to improved handicap accessibility if necessary. He said if improvements are needed then the Board needs to review the cost and put funding in the budget. “To my knowledge, there’s only one facility that we would need to improve handicapped access to, and that is the Beach Club bathrooms. My understanding is the width going actually into the bathroom itself was too narrow to accommodate the wheelchairs,” he said. Not in attendance because of other commitments, Lakernick and Farr were given an opportunity to discuss the Beach Club by the Progress via email. Lakernick said that he didn’t “have enough information at this time to make the call whether it needs to be replaced or remodeled. However, I do feel we need to get that information as a priority so that we can make a decision that is not rushed or done as a sense of urgency. This is a Headline Star amenity of Ocean Pines that needs to be maintained.” Farr responded similarly. “The Beach Club is a very popular amenity enjoyed by our residents and their guests. Before making a decision on whether we should remodel or replace the Beach Club, I would like to see the independent study that is being conducted that outlines/recommends the ‘end of life’ expectancy of the club so we can make the right decision that makes sense for budget forecasting purposes. I do not have enough information to make a form decision at this time,” he said.

Communications panel offers revised resolution

Director Colette Horn at the July 21 meeting of the Board of Directors on behalf of the Communications Advisory Committee presented for first reading a revised Board Resolution C-06 governing the functions of the panel. Horn said the changes are designed to bring the resolution up to date with what the committee actually does for the board. Under functions, the revised languages says that the committee will make recommendations for the most efficient dissemination of information on Association platforms including signage, Website, newsletters, emails, text messages, [and] social media regarding activities, events, Board and Advisory Committee initiatives, and other news of interest within Ocean Pines and the larger community. In addition, the revised resolution says the committee may provide advice on membership collection activities including membership programs that may require Town Hall meetings as well as gathering, preserving and collecting historical information. Another function is to foster community spirit and volunteerism, which may include events or activities supported by the OPA.

Daly implies Lakernick, Farr would return OPA to dark days of acrimony

n the second of two candidate forums hosted by the Ocean Pines Association’s Elections Committee, incumbent Director Frank Daly seemed to suggest that two other candidates he didn’t name, but which obviously were Stuart Lakernick and Rick Farr, would return Ocean Pines to dark days of acrimony and 4-3 votes. He also seemed to be suggesting that Lakernick and Farr if elected would team up with carry-over directors Doug Parks and Tom Janasek -- although again he didn’t identify them by name -- to form a new board majority. He also suggested that Lakernick and Farr would get their “marching orders” from a special interest group, presumably the Get Involved Facebook site established by his wife, former OPA Director Esther Diller. Daly also said that OPA employee morale currently is outstanding. Lakernick and Farr accepted an invitation by the Progress to respond to Daly. They more or less agreed with Daly that staff morale isn’t a problem. They also declined to respond in kind to Daly’s pointed remarks to what their election would mean for board cohesion. But both candidates said they were running independently. Their comments: Frank Daly: “Staff retention and morale has been outstanding. Last year, four employees left: one due to death, one due to retirement, two for other opportunities.... “Other candidates get their marching orders from a special interest political action group -- I do not... “My marching orders come from the 8,452 homeowners that comprise this Association ... “(On prior boards) 4-3 votes on the Board were common... “Our homeowners and employees lost confidence and did not trust the ability of the Board and management to manage this Association. Things have changed pretty dramatically since 2018 ... “And we have progressed too far from the acrimony and losses created by a Board of four like-minded individuals to return to the dark days of the Brett Hill era.” Stuart Lakernick “I don’t believe we have a problem right now except what every employer is having with lack of seasonal help. I am assuming if we have an issue the GM will let the board know. “I am running independently. “While we [he and Farr] may see quite a few of the issues the same way, it does not mean we agree on everything, and we should not. We do agree that as board members we should be able to have a difference of opinion and still get along. This type of teamwork is what I would like to bring to the board if elected.”

Rick Farr: “I have not heard that we have current personnel issues. If there are personnel issues, the General Manager (and Human Resources) are responsible to deal with them and advise the board if necessary. Board members do not need to be involved in any day to day operations, personnel issues or decisions. “We value all our employees and their morale. As a Human Resource Executive, I would recommend an annual employee satisfaction survey with all current employees (in all departments) to get a better understanding on how they feel about their job and perceptions working for their supervisor and OPA Rick Farr and making any necessary adjustments based on their feedback. “I am an independent thinker and will make my decisions that will always be in the best interest of all our residents; not with individuals. “While there may be differences of opinions and reasonings by board members, the decisions I make will be well thought out, made with integrity and will be fiscally responsible. “While having a robust, professional discussion is always healthy, total teamwork by all directors is absolutely necessary for positive achievement in serving our residents, and that’s how I will operate if elected to the board.”

OPA ELECTION

August 2021 Ocean Pines PROGRESS 35

Candidates explore converting walking trails to bike trails

All four seem amenable to the possibilities, but are wary of cost

he two candidates for the Board of Directors who attended a mid-July forum hosted by the Elections Committee, David Hardy and Frank Daly, answered questions about whether the candidates supported converting walking trails to bike trails and their thoughts on use of fire pits. The Progress reached out to the other two candidates, Stuart Lakernick and Rick Farr, to give them an opportunity to comment on these questions. Both responded. “As an individual, I look at every amenity that’s available that Ocean Pines can offer. Of course, there’s a function of affordability, what is necessary to upgrade it to whatever standard. I’ll be the first to admit, I don’t know what standard we’d want to bring these walking trails to, and if they didn’t want to get turned into bike trails initially,” Hardy said regarding the question about bike trails. He said he loves having opportunities to walk his four-footed friends, and would be an advocate for safe paths that are pet friendly. But, eh noted that any upgrades will be at some cost. “Every homeowner is impacted in some way. And that needs to be determined before anyone makes a final decision,” he added. Daly said he would support investigating upgrading the trails to bike trails, but it would be a complicated process. He said the OPA would have to determine how much on an upgrade is needed, such as paving, and at what cost. “And once we find out what that costs, what the threshold is. If we’re under a million dollars, that’s something we can consider at the board level. If it’s over a million dollars, we go to referendum throughout the community,” he said, adding it is worth considering upgrading the trails. “As we get more full-time people living here, it becomes slightly more difficult and dangerous to ride on our streets. And the first thing we want for our bikers and everybody in this community is for people to be safe,” Daly said. Lakernick said, “Yes, I would love

The Ocean Pines Association Website lists six separate walking trails in the community, totalling 5.5 miles in length and covered with stone dust, good for walking but not for biking. All four candidates to the Board of Directors this summer are willing to explore the possibility of paving these trails, although all seem cognizant of the expense involved.

to see these trails fixed. They are in terrible shape and could pose a danger for those walking on them. However they should be suitable for both walking and biking ... trails should be better maintained. I would look to support the GM’s efforts to get this done.” Farr agreed. “It would be nice to see all our wonderful trails fixed for the safety of our walkers and future bikers. As a walker and biker, I see the trails are in dire need of repair that can pose a safety hazard and a liability to OPA. A feasibility study should be done to see the financial impact in fixing these trails and will gladly work with the General Manager to come up with a positive resolution in improving this amenity,” he said. The candidates were asked if they would support the banning of wood-burning fire pits in Ocean Pines. “No, it’s not about banning; it’s about doing it safely,” Lakernick said. “OPA has already addressed this. However, we need to be more clear cut on the requirements to have a wood burning fire pit.” Farr said he didn’t think “we should ban fire-pits. It’s about following basic safety procedures and having more clear measures and requirements. With this, it will be im-

portant that all residents are aware of the requirements for their own safety as well as the safety of other

residents.” Daly said he would support changing the Declaration of Restrictions to either permit fire burning fire pits in Ocean Pines, or support the enforcement of the existing Declaration of Restrictions which prohibits burning. “If somebody wants a fire pit -- I have a firepit on my deck, it happens to be propane -- they should be able to do that. But that’s something where we should follow the rules, whether we like it or not. And the rules currently say: No wood burning in Ocean Pines,” he said. Hardy said he likes the idea of allowing fire pits but often that is taken advantage of and results in the burning of leaves, trash, and debris. “If this is the case which instigated this kind of question, obviously that’s something that, as an association, we should step in if we don’t have bylaws which, in some way, inhibit that,” he said. He said the OPA should follow its existing rules regarding outdoor burning in the community. “However, we should look at the question because it’s a viable concern that’s been raised, see how it impacts the safety of our community, and then make logical decisions from there,” he said.

Maryland Safe Boating Course August 7 (1 Day) 8:30 AM-4:30 PM Ocean Pines Library 11107 Cathell Rd.

The Coast Guard Aux. is offering the “one day” Maryland Boat Safety course. This is designed for the convenience boaters who are not able to attend the three evening course. It includes all the necessary information to obtain the safe boater certificate. Space is limited; register now! The Maryland Boating Safety Education Act requires that anyone born after July 1, 1972 must possess a Maryland Basic Boating Safety Certificate to operate a boat in the state of Maryland. Those attending the class, and passing the test will receive a Maryland Boating Certificate which is NASBLA approved and valid in all states.

$20 covers the cost of the course and materials

Checks should be made payable to: USGCAUX 12-05 and mailed to: USCGAUX 12-05, PO Box 1682, Berlin, MD 21811 Payment via PayPAL is also accepted For more information or to register please contact: Barry Cohen at 410-935-4807 or E mail CGAUXOC@Gmail.com

36 Ocean Pines PROGRESS August 2021

OPA FINANCES

Operating fund surplus for 2020-21 jumps by $200,000 Allowance for doubtful accounts adjustment post-covid improves bottom line By TOM STAUSS Publisher f you thought the Ocean Pines Association had a great year financially with the unaudited $1,242,828 operating fund surplus reported at the end of April, think again: The final audited number is even better. OPA General Manager John Viola told the Progress in an early morning telephone conversation July 24 that the OPA’s auditors, TGM of Salisbury, agree with a $200,000 increase in the bottom line over the unaudited April numbers for the 2020-21 fiscal year. The adjustment brings the operating fund

surplus for the year to $1,442,828, or about. The reason for the restated surplus is a balance sheet adjustment in the “allowance for doubtful accounts,” otherwise known as provision for bad debts on the income statement. Better than hoped for assessment collections freed up funds to be reallocated to the operating fund and made it possible to adjust the bottom line. Viola alluded to remarks made by OPA Treasurer Doug Parks at the July 21 Board of Directors meeting in which he compared yearover-year collections from lot assessments. A year ago through the end of June, with

budgeted assessments in the amount of $9.12 million, the OPA had collected $7.16 million, a rate of 78.5 percent. This year, at the end of June, with a budgeted assessments of $9.34 million, the OPA had collected $8.74 million, a rate of 93.6 percent That improvement was a factor in persuading the auditors that an April 30 restatement of the doubtful accountant allowance was justified, Viola said. “With covid settling down and having the results [cited by Parks],” we are able to make the adjustment.” The auditreport for 2020-21 due out in mid-August will reflect the adjustment.

FINANCIAL NOTES Auditors adjust PPP money for Yacht Club

In addition to the $200,000 adjustment for bad debt allowance that will add $200,000 to the operating fund surplus for 2020-21, General Manager John Viola said another change will be the way that federal Payroll Protection Program money shows up on the books for the Yacht Club and other venues operated by the Matt Ortt Companies for the OPA. At the July 21 meeting of the Board of Directors, Viola said the auditors prefer consistency in the way that PPP funds are accounted for, and roughly $1.1 million in PPP money was allocated to General Administration this past year, rather than pro-rated to each department. But in the monthly financials, PPP revenues received by MOC were treated as revenue in the three venues, an inconsistency that the auditors didn’t like, Viola said. As a result, $271,300 in PPP funds that had appeared as revenue at the restaurants will be shifted into General Administration, and the Yacht Club’s surplus will be adjusted down by $75,000, Viola said.

Phillips outlines reserve study process

In a brief presentation to the Board of Directors at its July 21 monthly meeting, Director of Finance Steve Phillips outlined the process by which a revised reserve study will be presented to the Board of Directors for review, most likely in September. Phillips said that draft reports to be included in the study have been distributed to departments heads, with a department review scheduled to take place the first two week of August. Doug Green of DMA, the company doing the revised reserve study, will be in Ocean Pines in mid to late August to review the reports. The Budget and Finance Advisory Committee will then step into the process with a working session on the reserve study at its regularly scheduled meeting the fourth Wednesday of the month.

Year-over-year collections improve dramatically State champion Noah Fisher, son of Tim and Paula Fisher of Ocean Pines, won the Division 2A state high school singles tennis championship at the Wilde Lake Tennis Center in Columbia on Saturday, June 19, as a member of the Stephen Decatur High School tennis team. After an undefeated regular season, the march to states started with sectionals in Cambridge, then regionals in Bel Air, and ultimately states at Wilde Lake. He won the finals 6-2, 6-0 over William Pallan of Hereford. The last Decatur state champion was Chris Zielinski in 1998. Noah finished the season 12-0, with a games record in those matches of 120-7. He never lost more than two games in any match. He will be a senior at Stephen Decatur in the fall. He has been playing since he was five and plans to play in college. The Fishers are 17-year residents of Ocean Pines, having settled on their home two weeks after Noah’s birth.

Signaling a return to post-covid normalcy, Ocean Pines Association Treasurer Doug Parks at the July 21 Board of Directors meeting outlined a dramatic improvement in year-over-year assessment collections through the end of June. A year ago through the end of June, with budgeted assessments in the amount of $9.12 million, the OPA had collected $7.16 million, a rate of 78.5 percent. This year, at the end of June, with a budgeted assessments of $9.34 million, the OPA had collected $8.74 million, a rate of 93.6 percent. The difference clearly is the result of covid, and the three-month payment holiday on assessments granted by the Board of Directors last year. u

August 2021 Ocean Pines PROGRESS 37

OPA FINANCES

Another blow-out month to start the year Positive variance to budget climbs to $739,000

BY TOM STAUSS Publisher t’s unclear whether the excellent financial results can continue at the torrid pace that’s been set in the first two of fiscal 2021-22. What’s very clear, though, is that, after recording an operating fund surplus of $532,746 in May, the Ocean Pines Association followed suit with another blockbuster month in June. The positive operating fund variance for the month was $206,317, with revenues over budget by $98,645 and expenses under by $107,726. That brings about a year-to-date positive operating fund variance of $739,182, with revenues over budget by $478,846 and expenses under budget by $260,336, according to a financial report posted on the OPA Website July 22 by Director of Finance/Controller Steve Phillips. For the first two months of the fiscal year, including lot assessments received to date, net operating revenue is $6,585,856 compared to the budgeted $5,585,856. It would appear that most of the pernicious effects of the covid pandemic are the in rear view mirror. For June, the leading performer financially was the Yacht Club, with a $140,824 surplus and and a $84,856 positive variance to budget. For the year, the Yacht Club has generated surpluses of $175,792 and is ahead of budget by $128,942. For the year so far, Beach Club parking is the powerhouse financially, producing $381,840 in net revenue, ahead of budget by $42,215. Marinas continue to be a cash cow, with a $220,801 net operating surplus through June. Ocean Pines’ two other restaurants are also having a strong summer. The Beach Club is ahead of budget by more than $50,000, and the Clubhouse Grille is favorable by more than $34,000 through June. But Aquatics, which was an under-performer last year because of covid, also did quite well with a $52,606 net surplus and a $69,045 positive variance to budget in June. For the year so far, Aquatics has a $187,431 operating surplus and is ahead of budget by $119,223. Viola said the department is ramping up swim lessons and has resumed the popular “Family Fun

Net Operations by Department, June 2021

Source: OPA Department of Finance

Night” program, run in collaboration with the Recreation and Parks Department. In a slide presentation, Viola said Aquatics is “on track to get back to pre-covid and has delivered expense reductions.” Golf operations have also gotten off to an excellent start, recording a $42,029 surplus and a positive variance to budget of $38,883 in June. “The big thing with golf is this: the price per round has gone up, and that’s one of the reasons with the mix [of package play, golf members and others] on why the numbers are doing better,” he said. Viola said Golf Club Superintendent Justin Hartshorne and his team have continued course maintenance efforts and adjusted for the “summer stress period.” That includes walk-mowing and hand-watering the greens to reduce stress, and using fans to help lower soil temperature in some areas. Aeration efforts and the use of specialized, smaller “Ninja Tines” have continued. “All the measures that we’re taking … [are] working,” Viola said, adding that there is a noticeable difference in course conditions versus several years ago. For the year through June 30, golf

ops have generated a $303,805 operating surplus and a positive variance to budget of $132,410. For the year so far, only two departments, General Administration and marinas, are behind budget, and in both cases by modest amounts. Marinas offset that with its $222,801 operating surplus through June, and General Administration is only behind budget by $3,980. All three racquetball sports are in the black for the year, led by pickleball’s $37,422 operating surplus, ahead of budget by $19,048. The Recreation and Parks De-

partment is more than $23,000 ahead of budget and coming off a July 4 weekend that Viola called “awesome.” More than 3,000 people attended July 4 events, including the fireworks display, and summer camps are all full. Reserve summary -- The OPA’s reserve balance was $8.349 million at the end of June, down from $8.676 million as of May 31. The Replacement Reserve balance stood at $5,400,607, followed by Bulkhead/ Waterways at $1,845,618, Drainage at $612,370, and New Capital at $283,125.

FINANCIAL NOTES Phillips endorses staying the course on NorthStar

General Manager John Viola had Director of Finance Steve Phillips primed and ready to endorse the staying the course on NorthStar software implementation despite a recent setback, in which suite upgrades wiped out a lot of the customization that had been implemented previously. Phillips offered his endorsement at the July 21 Board of Directors meeting when asked by Viola whether the OPA should forge ahead with NorthStar or try something new. Phillips effectively said that with the investment in time and money in NorthStar, to abandon the suite now would be a huge waste of that investment. During the General Manager’s Report, John Viola said that department heads in Aquatics, Parks and Recreation, and Racquet sports are reporting that NorthStar is working fine.

38 Ocean Pines PROGRESS August 2021

LIFESTYLES

First time author

Bubble packs for meds

Ocean Pines’ only independent pharmacy, Coastal Drug, has introduced a new free service to customers not provided by national chain stores. According to Ray Patel, shown with his wife Arti, both pharmacists at Coastal Drug, their pharmacy will package daily medications in monthly bubble packs. “Pop a bubble, and you’ll have your meds for the day,” he said, adding that their pharmacy will deliver the bubble packs free of charge to Ocean Pines customers. Coastal Drug recently announced that they will bill Medicare for wheelchair purchases. Patel takes pride in his pharmacy’s price points for medicines that he says will beat the national chain stories. Coastal Drug is located in the Manklin Station Shopping Center at the intersection of Ocean Parkway and Manklin Creek Road in Ocean Pines.

Maureen Kennedy of My Back Yard in the Manklin Station Shopping Center, in South Ocean Pines, has written her first children’s book, about a magical bird who takes children on adventures during dream time. She will be hosting a book signing in August on a date to be announced. The book can be ordered from Amazon or can be purchased at her Ocean Pines shop in August. Cost is $15. Illustrations were done by Capt. Dean Lo of Florida, a former neighbor of hers in Ocean Pines. “They’re beautiful,” she says.

OPINION

Forum conspiracy theory crumbles

version of this commentary appeared recently on Joe Reynolds’ oceanpinesforum. com Website under the snarky headline, Stauss to the Rescue. As of July 21, it’s still there, proof that Reynolds is not averse to a lively difference of opinion, even when he’s objectively arguing on the wrong side of it. Reynolds has written two commentaries and some additional snippets proposing that Esther Diller, administrator of the Get Involved Facebook site, is trying to “take over” the Ocean Pines Association by supporting the election of two candidates for the board, Rick Farr and her husband, Stuart Lakernick. This is, at best, a speculative narrative; at worst a factually incorrect description of what’s going on with this summer’s Board of Directors election. The first Reynolds commentary made two assertions that defined his conspiracy theory. Refute either one, and the conspiracy collapses.

August 2021 Ocean Pines PROGRESS 39

LIFE IN THE PINES An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community By TOM STAUSS/Publisher Refute both, and the result is rhetorical rubble. The first assertion was motive: That former OPA Department Head Colby Phillips is an integral part of this alleged conspiracy because she wants revenge for the way she was treated by certain OPA officials in her last year or longer of employment with the OPA. The second assertion: If Farr and Lakernick are elected this summer, they will conspire with hold-over directors Doug Parks and Tom Janasek to remove John Viola as OPA General Manager. Or Viola will resign to save them the trouble, or something like that. Why Viola would unilaterally take himself off the chessboard is not made all that clear. Answer: He wouldn’t. And if the

thought even enters his mind as a possibility, he should purge it immediately. A commentary in the July Ocean Pines Progress rebutted these two assertions. As for the revenge motive, the commentary quoted Colby to the effect that she understands the inherent futility of vengeance and wishes the OPA and Viola well in their endeavors going forward. Here’s what she had to say about that: “Anyone who knows me knows I am not someone who seeks revenge. I do not wish anything but good things for John and OPA. Holding onto anger and resentment would be a huge waste of my time, and I have a lot of great things to focus on at Captain’s Cove. As painful as

my last year and a half was in OP, it made me stronger and opened the door for the opportunity I have now. I LOVE going to work. “I also think if Rick and Stuart get on the board, you will be surprised to see that they will work well with John. John will probably be happier because he won’t have someone down his throat trying to [dictate] all the time. “Doug [Parks, when he was president] let him [Viola] do his job. That’s what he needs. I understand that more than ever because my boss here [Cove Association President Tim Hearn] lets me do my job and just offers support.” Anyone who knows Colby knows she wouldn’t lie or dissemble about this. Reynolds, in his second commentary, seems to suggest she is capable of either or both. That’s insulting, baseless, and a good reason why she’s told friends she’s done with Reynolds and his site. You can be called a liar so many u

Diller releases statement explaining legal difficulties

want to address the letters, emails and texts that have been repeatedly sent out to homeowners regarding me and a failed business by a group called OPTruth&Justice@proton.com. Let’s start with the REAL facts. I was in a partnership several years ago and things happened that we did not realize at the time were being done incorrectly. The company and all partners were charged with anti-kickback. This occurred because of the way leads were being purchased, which in normal business would and IS acceptable but with Medicare and other federally funded programs is not. As one of owners I immediately took responsibility and have paid dearly for my lack of knowledge and mistake. We did not go lightly into this business. We had two law firms, a highly paid 20-year Medicare consultant and still we ended up making this mistake. I DID NOT get charged with fraud as some of these letters have insinuated. I DID NOT steal $1.4 million as insinuated. I DID NOT resign from the [Ocean Pines Association Board [of Directors] because of this but rather due to a serious personal health issue and my mother dying of dementia. I am not a big FEDERAL CRIMINAL. I received three years of probation in a national case involving many companies across the country where as of this date, most others have received prison [sentences]. The $4 million in restitution [ordered by the court during sentencing] has been STAYED for me and my partner at this time. We made a mistake. It was not with criminal intent. I am and have been a community activist. I have done nothing but try to help our community by being a director and being involved after resigning. This attempt to smear my name publicly with my private matters is nothing more than dirty politics at its best. It’s disgusting and gives our community a bad name. Individuals want my husband Stuart Lakernick to drop out of the race for board of directors. Is there any wonder why people do not want to run for the board or be involved? This has nothing to do with him or his integrity. This is not the first issue in the last several months that I have had with dirty OPA politics. A director went to a business associate of mine and tried to discredit me and encouraged them to “google me”. He tried to cost me my livelihood. Does anyone believe that is OK??? Thankfully, this associate knew of my situation and stands with me. After being in contact with the OPA attorney several times and assured by him that he had told all the directors not to spread my personal information, a director repeatedly sent the information to the media in attempts again to hurt my husband’s campaign. Unbelievable attempts to keep the “power” and not have new blood on the board, unless it’s handpicked by them. My husband again had nothing to do with my mistake and to call him a criminal or insinuate that he would be is wrong. In addition, many people who have gotten these letters have contacted me with offers of support and the bigger question I am being asked is how did this OPtruth&Justice get their email. That is a huge question. The only place that has everyone’s emails is at our Association. I guess we will never know. You all decide. For those who have chosen to jump on the bandwagon of judging me, remember everyone has something in their life they aren’t proud of. Be cautious on judging others especially if you don’t have all the facts. If you choose not to vote for Stuart, make that decision based on him and his views not my legal issues. This is bullying and has been going on for months. OPTruthandJustice, you are a coward. Come out of the shadows and address me, but we know you won’t. The bullying and intimation by this OPTruthandJustice stops now by ME. ~ Esther Diller

40 Ocean Pines PROGRESS August 2021 Life in the Pines From Page 39 times before you conclude you can no longer have a civilized conversation. Here’s the offending quote: “... given Phillips’ resignation as a high-level OPA employee after filing charges against the current OPA president, charges dismissed by the board, such a [revenge} motive should not be dismissed.” Absent any evidence, yeah, it should be dismissed, with extreme prejudice. He should apologize. Is Joe a mind-reader? He has nothing to support this foray into Colby’s head, but holds on to it like a dog holds to a bone because, well, that’s what he does, and it’s a dot he can connect to weave his conspiracy theory. We have Colby’s public statement posted on Reynolds’ site eschewing any bitter feelings of resentment towards the OPA. She expresses contentment toward her current role in Captain’s Cove, where her administrative and people skills are already attracting a fan base. We have her private statements that she has zero interest in returning to Ocean Pines, with its penchant for divisive board politics and limited GM shelf life. To buy into Joe’s conspiracy theory, one has to dismiss Colby’s public statements and to give credence to Joe’s telepathic powers. As for the second assertion, that Esther and Colby are conspiring to elect Rick and Stu in an effort to oust Viola, this, too, rests on a wobbly foundation. Neither candidate has made any recent statements to the effect that they have problems with Viola justifying his dismissal, notwithstanding their understandable dismay that Colby left OPA under his watch. Difficult as it seems for Joe to contemplate this, it’s possible to be a strong supporter of Viola and his continued role as OPA’s chief executive and regret the loss of Colby’s skill set to the OPA. Since that statement appeared as part of this commentary on Reynolds’ site, all four candidates to the board were contacted by the Progress for their views on Viola and whether they support extending his current employment contract with the OPA. Three candidates -- Lakernick, Farr and Frank Daly -- expressed support for a contract extension, with Daly effusive in his praise of

Viola and Lakernick and Farr both saying Viola’s done a good job. The fourth candidate, David Hardy, essentially said he didn’t know enough to offer a judgment. Their remarks are printed elsewhere in this edition of the Progress. Even if Rick and Stu were puppets to Esther’s puppet-master and really do want to oust Viola for the way Colby left the employ of the OPA, there remains another fatal flaw in Joe’s conspiracy theory: There’s no evidence at all that there are four votes on the board to oust Viola even if Rick and Stu are elected. Joe out of thin air manufactures the possibility that hold-over directors Doug Parks and Tom Janasek would join in this mis-adventure. His conspiracy theory depends on it. While it is true that Janasek has had well-publicized issues with Viola in the past, Viola more recently has said that current relations are devoid of problems. Another way of saying that is that relations between the two currently are professional. As for Parks, he’s never said a contrary word about Viola in public, and there’s no history of bad blood between them. As noted by Colby in the quote above, Parks maintained professional relations with Viola throughout Parks’s tenure as OPA president, allowing Viola to do his job without interference. Is this the profile of someone, absent any intervening rationale, who will conspire with two new directors to oust Viola? Perhaps Joe’s notable powers of telepathy can be invoked here to produce some evidence in support of Parks’s intentions. The second commentary by Joe modifies his conspiracy theory to include this: “Finally, the issue of OPA General Manager Viola in all of this. Diller’s Facebook group had major issues with John Viola with regard to how the Colby Phillips’ charges were handled. Again, the revenge motive is a possibility in trying to elect a new board majority that would get rid of Larry Perrone as president, and attempt to exert more control over Viola.” Now this is an interesting shift. Here it seems is a tacit admission by Joe that the initial iteration of his conspiracy theory -- motive and purpose to oust Viola -- is now a conspiracy [by Esther?] to exert more control over Viola and elect a new board majority that would get rid of Larry Perrone as OPA president. The problem with this modified conspiracy theory -- yes, folks, Joe

OPINION does seem to be shifting gears here, something he normally is loathe to do -- is that Larry may not be keen on a second year as president even if there were four votes available to make it happen. Frank Daly (should he win re-election) has indicated interest in the presidency if it would help heal divisions on the board, to the extent they exist, and he suggests they may be somewhat exaggerated given the relative dearth of 4-3 votes this past year. Daly has also said that he doubts there are four votes on the current board to reelect Perrone or Horn to the presidency and vice-presidency in August. He has said there is a majority sentiment among the holdover directors for a change at the top. So, no difference with respect to Perrone if Farr and Lakernick get elected, other than who might get elected as president as an alternative to Larry. As for exerting more control over Viola, what, exactly, would that look like? Rick Farr, at the initial candidates forum, said if elected he wanted to forge a solid working partnership between the board and Viola. Objectively looking at all four candidates: All seem willing if not eager to maintain cordial, professional relations with Viola, staying in their lane as policy-makers and letting him run the day-to-day. There is no evidence that Lakernick or Farr are intent on exerting greater “control” over Viola, and certainly no evidence that Diller wants that, either. Or that Diller will be dictating to her husband or Farr if either are elected. Again, Joe has presented no evidence to the effect that Viola is “out of control” or that any current director or candidate or Diller believes that he is. It’s simply not on the radar this year, for good reason. Because he’s not. Finally, Joe seems to be fussing a little much over the Facebook page founded by Colby and Esther. Is he feeling the heat from a rival site that may be influencing opinion in Ocean Pines, supplanting his, especially in a younger demographic? Difficult to tell, but possible. It seems that the “Get Involved” site is showing more staying power than, say, the failed Real Ocean Pines Forum that the OPA created a few years back. Of course, Joe’s brand of pot-stirring isn’t going away anytime soon. There’s no reason it should. The occasional cockamamie

conspiracy theory that invades it, presumably to create interest, is the exception to the rule. Here’s a quote from Joe’s second commentary: “Did Diller and Phillips help or hurt Lakernick and Farr with the Facebook site? It may have hurt more than helped. Difficult to say. Did the Progress commentary suggesting we should all feel sorry for Esther Diller help her or harm her selected board candidates? Again, difficult to tell.” To be clear, the Progress commentary was not written with the intent of helping Esther promote her preferred candidates, nor to persuade people to feel sorry for her. The intent was simply to counter an unsupported conspiracy theory advanced on oceanpinesforum.com. As for the allegation that the “Get Involved” site was founded to promote the candidacies of Lakernick and Farr, Diller begs to differ: It has issued no candidate endorsements, and won’t. Anyone supporting Daly or David Hardy are free to post. Diller, of course, is personally supporting her husband and Rick Farr, and there’s nothing surprising about that. Free country, and all that. Will Joe’s less than charitable comments about Esther’s and Colby’s motivations and intentions help or hurt Stu’s and Rick’s candidacies? Difficult to tell.

The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. 127 Nottingham Lane Ocean Pines, Md 21811 PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com 443-359-7527 ADVERTISING SALES Frank Bottone frankbottone@gmail.com 410-430-3660 CONTRIBUTING WRITERS Rota Knott 443-880-3953 Susan Canfora 410-208-8721

OPINION

August 2021 Ocean Pines PROGRESS 41

COMMENTARY

Sport complex could be good for Ocean Pines

lthough Ocean Pines’ two county commissioners have reasonable concerns about a proposed sport complex that their five colleagues seem eager to embrace on a parcel located at the intersection of Rt. 589 and Route 113 west of Ocean Pines, this might be a case where the concerns over time can be addressed. The commissioners have authorized an appraisal on the 100-+ acre property which they envision would be purchased through the use of state Open Space funds, and then presumably developed and operated by an entity with experience professionally operating these kinds of athletic facilities. The county might reap some direct benefit by taking a percentage of the revenues generated by tournaments and the like scheduled there. Although details are yet to be fleshed out, the venue could be used for soccer or baseball tournaments, depending on plans yet to be developed, and other sporting events. Truly, the devil is in the details. Local weeklies have covered the plans, as they unfold incrementally, and the Progress is providing details in this edition’s Cover Story, as well. The location of the site that is now undergoing a second appraisal, owned by the Mariner family, is supposed to remain confidential in this early phase, but as in most things in the county secrets are hard to keep. Two other sites previously in the running apparently were found to be unsuitable; one has already been sold. What’s left is the Mariner property located at the west terminus of Route 589 as it intersects Route 113, a four-lane north-south highway. It’s very early in the process. The county has not even begun to negotiate with the owners of the property; it’s not known whether the owners have an interest in selling to the county. We’ll know in the fullness of time whether this site is feasible. While commissioners Chip Bertino and Jim Bunting express concerns about local traffic if this complex is built, and the legitimacy of Program Open Space as a source of funding, their colleagues focus more on the economic benefits such a facility could generate. Bunting says there’s plenty of economic activity already in the north end of the county; what’s needed, he suggests, is more of it in the southern half of the county. That’s true enough. Ocean City officials are said to be in favor of it because it would bring families in town yearround to dine at local restaurants and stay in local hotels. Some of that benefit might also accrue to restaurants and other businesses along Route 589 all the way to Route 50. Economic benefit to the greater Ocean Pines area might not be on the radar of the OPA, which has more tailored concerns, but it’s possible with some creative thinking that the OPA

could directly benefit. In especially large tournaments, it’s possible that OPA ball fields could be used for overflow events, generating income for the OPA. A sporting complex would immediately make the two-acre, OPA-owned site in front of the library and post office more valuable as a potential hotel site, should the OPA have it appraised and marketed to potential hotel operators. A 100-year lease is a way to preserve ownership for the benefit of the OPA in future generations. Some Ocean Pines residents may find employment opportunities at an athletic venue. Once here, tournament-goers may tool around Ocean Pines and find it to their liking, stopping in for a meal at the Yacht Club or Clubhouse Bar and Grille. As for traffic, a large athletic complex might be the very best way for the dualization or even triple-lization of Route 589, at least in the vicinity of the complex, to occur. Route 589 lane widening is not anywhere on the planning books currently, but as happened at the other end of Route 589 near the racetrack and casino, high-traffic areas often move up on the list of

State Highway Administration priority projects. With a little creativity, those attending sporting events at this facility could be directed to use four-lane highways to ingress and egress the site. The Mariner property, after all, abuts fourlane Route 113, which intersects Rt. 50 in Berlin. That’s one reason it’s an attractive location for what a majority of commissioners have in mind. It shouldn’t be assumed that all of the traffic will need to traverse Route 589 to get there. In this and in other matters, it’s seems that Bertino and Bunting have become the conservative outliers to their colleague’s more aggressive pro-business brand of conservatism. It’s not that either are anti-business. They’re sincere in their beliefs that no public resources should be used in building such a facility. Their colleagues seem more comfortable with public/private partnerships. Neither side is wrong. And the debate over details will unfold in the weeks and months ahead. But could this be a good thing for Ocean Pines, despite the caterwauling on a certain Ocean Pines blog site slathering prospects in a lot of knee-jerk negativity? You bet it could. ~ Tom Stauss

Smearing Esther Diller: a sordid tale

lsewhere in this Opinion Section of the Progress, former OPA Director Esther Diller explains her legal difficuties and efforts by an anonymous individual or group of individuals calling itself OPTruthandJustice to tarnish her reputation, presumably to hurt the campaign of her husband, Stuart Lakernick, in this summer’s Board election. Hers is a compelling tale, worthy of study. It’s a sordid one. Critics of Diller, and there are a few, probably want her to spend the rest of her life wearing a red CR on her forehead advertising her status as a convicted felon. And some might also be content with accusing her husband of all sorts of nefarious misdeeds, guilt by association as it were, of which there is zero evidence. Read closely her statement: She fully accepts responsibility for a mistake, for which she’s paid a heavy price. She’s fully cooperating with prosecutors as they go about their business shutting down a type of business enterprise nationwide that Diller, in hindsight, should not have been involved in, with two partners. A large restitution in the amount of $4 million has been stayed by the court. She’s not going to the clink. She’s on probation for three years. The monetary penalty of $10,000 no doubt stings. But after all that is said, she’s still standing. How many among us, dealing with all she had to deal with, could have withstood it as well as she has?

The problem with her critics, and those who would seek to paint her misfortunes in the worst possible light, is that they seemingly lack any empathy for what she’s undergone. There’s no demonstrated ability to put themselves in her shoes and ask: How would I have handled it if this had happened to me? The OP Truth and Justice compadres may think they’re on the side of truth, but how is it truthful and just to hide behind anonymous emails hosted by servers in Geneva, Switzerland, to spread the worst possible spin on her predicament? The question answers itself. It isn’t. She has requested an investigation by the OPA into the origin of Truth and Justice emails which she says an expert has traced to computers in the OPA Administration Building. In and of itself, that proves nothing, but there is forensic evidence presented to warrant a deeper look. OPA Director and Treasurer Doug Parks says it well in a statement reported elsewhere in this edition of the Progress: “We need to get to the bottom of this attack and address the issue so it does not happen again in the future and to avoid any potential legal risk,” he says. “No OPA homeowner should be actively attacked in this manner. If the information [about her case] was obtained as a general matter of course that’s one thing, but to actively pursue an unsolicited and targeted communication is vastly inappropriate.” Parks has it exactly right. ~ Tom Stauss

42 Ocean Pines PROGRESS August 2021

County supervisors give nod of support to 24-7 emergency service for Captain’s Cove Ron Wolff: Funding for broadband build-out imminent

By TOM STAUSS Publisher constituent meeting held by Accomack County Supervisor Ron Wolff on July 19 at the Marina Club produced in-house and Zoom participation of about 75 residents. Solid developments on two fronts of interest to Cove residents, 24-7 ambulance coverage and imminent funding for community-wide broadband service, were reported. Wolff said that the Board of Supervisors would be voting July 21 on using surplus funds to pay for ensuring a paid ambulance crew at the Greenbackville Firehouse, 24 hours a day, seven days a week. It might take awhile to ramp up staffing because of challenges in finding qualified EMTs (emergency medical technicians) or training those entering the profession.

Veteran’s Memorial

Wolff said that unspent funds in the county budget would be allocated to the Greenbackville Volunteer Fire Department to make the program happen. Funding might only last for a year to two years, Wolff cautioned, after which a three cent increase in the county’s tax rate will be required to sustain the full-time coverage that other parts of the county routinely enjoy. Each cent on the property tax rate brings in $365,000, so three cents would bring in just under $1.1 million needed to keep the Greenbackville fire station fully staffed with EMTs when funding dries up, he said. It turned out the Board of Supervisors weren’t quite ready to make the final, official vote in favor of 24-7 service, as it was mentioned during

the July 21 meeting that prior to doing so the county code requires a public hearing. But the supervisors voted 9-0 indicating that they supported the proposal for increased staffing in Greenbackville as presented by C. Ray Pruitt, director of public safety for Accomack County. He proposed 12 new full-time equivalent positions that will staff the Greenback firehouse including buffer employees, more human resources help and a training position. Pruitt presented statistics that show that Greenbackville is able to meet the county’s response time objectives on 17 percent of its emergency calls. The supervisors’ 9-0 vote is an early success for Senior General Manager Colby Phillips, who Wolff during his constituent meeting

Senior General Manager Colby Phillips unveiled a new color drawing of the proposed Veteran’s Memorial during the July 19 Senior General Manager/General Managers meeting in Captain’s Cove.

CAPTAIN’S COVE credited for jump-starting efforts to address what has been a difficult challenge. Phillips in turn lauded Wolff for his help in finding money for the service. “We [can] figure out staffing and a retention program,” she said. Phillips’ bringing in Ocean City Fire and EMS Chief Richard Bowers to meet with the task force set up to work the issue was a key factor in persuading him how crucial 24-7 ambulance service is to any area, Wolff said. When the Greenbackville department can’t respond to 911 calls, requests for emergency service are funneled to Oak Hall or Chincoteague, or even further out, resulting in response times that exceed the county’s goal of 20 minutes or less. Members of the Cove security department and the Cove CERT committee have also received basic life-saving techniques from Phillips, a certified instructor, that can help in situations befpre an ambulance is on route, and it was also disclosed at the meeting that the Cove security will be alerted in real time whenever a 911 call from Captain’s Cove is received by county dispatchers. Of 192 emergency medical calls last year from Captain’s Cove, Wolff said that 126 were diverted elsewhere, for a 34.4 percent response rate, much lower than other communities in the county. “It’s been an issue for a long time, five or six years at least, a constant battle,” Wolff said in introducing the topic. While he didn’t directly suggest there’s a way to avoid a property tax increase to sustain 24-7 service for Captain’s Cove, Wolff did say there’s a way for the county to benefit financially from revenues generated by ambulance calls. “Fire companies bill patients [and insurance companies] for ambulance runs, but the county provides all the personnel” without receiving any compensation, Wolff said, calling that arrangement unfair. Annual billings in the range of $800,000 are not uncommon for some fire companies in the county, which has 11 incorporated municipalities. Captain’s Cove is not one of them, managed by a property owners association instead. Even a modest percent of revenue-sharing in what for fire companies is a lucrative revenue stream would help the finance the county’s EMS services, Wolff said, without To Page 44

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CAPTAIN’S COVE

August 2021 Ocean Pines PROGRESS 43

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44 Ocean Pines PROGRESS August 2021 EMS funding

From Page 37 getting into the thorny politics of making that happen. In response to a question from a Cove resident about whether the Cove association could hire EMTs as an alternative to a county-wide tax increase, Phillips said she would run that idea by the Cove Board of Directors. It obviously would have budgetary implications for 2021-22 and later. Wolff said it would raise a “control” issue, as well, as Pruitt would probably want any Cove-funded EMTs to be part of the county’s EMT network, in which EMTs are shifted around to various departments depending on need. In related news, the supervisor said the county is awaiting word on a federal program that could provide $8.2 million for an upgrade to the county’s 911 dispatch systems, radios, CAD systems and the like. “Their life expectancy is about over,” he said. “Our representatives came to us” and said the money would be available if the county applied for a grant. The grant application was filed, and Wolff said that legislation containing the funding had passed the House and was awaiting passage in the Senate. “We’re really hopeful that the Senate will approve it,” Wolff said, adding that “hopefully by mid-August we’ll get an answer.”

Broadband: Wolff said the coun-

CAPTAIN’S COVE Executive Summary Financials 2021 (Month 8 of Fiscal Year Budget) EXECUTIVE SUMMARY FINANCIALS - MAY 2021~ May • MONTH 8 OF FISCAL YEAR BUDGET Month Actual

Activity

Month Budget

YTD Actual

YTD Budget

Variance

Annual Budget

CCGYC Revenue BCG Revenue Total Gross Revenue

$ $ $

384,973.63 83,199.00 468,172.63

$ $ $

403,633.61 49,000.00 452,633.61

$ $ $

3,364,271.36 474,107.00 3,838,378.36

$ $ $

3,200,497.48 324,900.00 3,525,397.48

$ $ $

163,773.88 149,207.00 312,980.88

$ $ $

4,815,025.00 602,400.00 5,417,425.00

Cost of Goods Sold (COGS- BCG)

30,589.00

17,210.00

167,498.00

114,277.00

(53,221.00)

211,842.00

Gross Income

465,114.63

435,423.61

3,670,880.36

3,411,120.48

259,759.88

5,205,583.00

Expenses BCG Labor/Operations R & M Costs Pool Costs General Admin Interest/Allowance for Bad Debt/Other Depreciation/Amorization Total Expenses

$ $ $ $ $ $ $

102,718.66 89,932.89 9,866.80 78,691.13 146,151.24 40,917.00 498,867.52

$ $ $ $ $ $ $

76,506.00 73,736.00 7,050.00 60,502.00 151,544.00 40,917.00 427,465.00

$ $ $ $ $ $ $

627,422.28 589,916.32 45,885.92 467,305.57 1,179,223.08 327,336.00 3,404,587.17

$ $ $ $ $ $ $

581,962.00 589,888.00 56,400.00 484,016.00 1,212,352.00 327,336.00 3,366,231.00

$ $ $ $ $ $ $

(45,460.28) (28.32) 10,514.08 16,710.43 33,128.92 (38,356.17)

$ $ $ $ $ $ $

937,761.00 958,092.00 84,597.00 652,708.00 2,197,733.00 491,000.00 5,533,803.00

Net Income

(30,694.89)

25,168.61

433,791.19

159,166.48

$ 274,624.71

(116,308.00)

Note: FYTD Legal Costs included in General Admin Line: $20,501.38 Provided by: Senior General Manager Colby Phillips

Executive Summary Financials ~ May 2021

ty is very close to receiving $6.2 million in federal Recovery Act money, with an understanding that a majority of it is going to be used to provide broadband to under-served communities in the county. Captain’s Cove qualifies, even as Eastern Shore Broadband Authority has laid fiber optic cable from one end of Captain’s Corridor to the other, with some homes already hooked up to high speed Internet service at a relatively modest installation charge.

A county- and ESBA-funded engineering study to build-out fiber infrastructure is close to completion for Captain’s Cove, Wolff noted, which makes it a shovel-ready project near or on the top of the list for funding. No Cove association funds were used in the study, which is costing $25,000. Wolff said that the governor “wants to see universal broadband in the commonwealth, and you’re in the right spot, guaranteed,” add-

Junior lifeguards Captain’s Cove launched a Junior Lifeguard program this summer under the direction of Flynn Kleinfeller, a former guard in Ocean Pines. Pictured with him are program participants, left to right, front: Wyatte Williams, Ellie McGolderick, Eric Butler Jr., Clayton Luck, Mahayla Williams; back: Bryce Luck, Kleinfeller, Brody Scully, and Nathan Williams.

ing that the northeast corner of the county is an area with the least amount of service. He added that County Administrator Michael Mason is on board with targeting Captain’s Cove for broadband funding. Wolff said there may be additional funding available from Virginia’s VATI program, the Virginia Telecommunications Initiative, a program run by the Virginia Department of Housing and Community Development. Horntown convenience center -- Wolff said the county is considering adding a windshield sticker requirement for use of the Horntown convenience center, free to county residents, with a possible fee for outof-state residents from Worcester County or elsewhere who dispose of their recyclables at the site. Containers fill up quickly, closing the venue for days until the contractor comes to remove recyclables, Wolff said. A $60,000 trash compactor is on order and will be installed on site “in the next few weeks,” he told the assembled group. Short-term rentals -- During the general manager’s meeting that preceded Wolff’s constituent meeting, General Manager Justin Wilder provided new numbers on shortterm rentals in the community, currently at 36 and rising. To Page 46

CAPTAIN’S COVE

August 2021 Ocean Pines PROGRESS 45

Princess Princess Tea Tea Princess Tea Party! Party! Party! Join us for a Tea PartyJoin Cinderella us for a Cinderella Tea Party with Cinderella Join us for a& Belle! Tea with Party with & Belle! & Belle! th Saturday, August 7 1-3pm at the Community Center.th August Saturday, AugustSaturday, 7 1-3pm 3pm at the7th 1-3pm at the Pre-registration is required. You can Community Center. Community Center. sign up at the Marina Club front desk or email them at marinaclub@captscove.com required. You can Pre-registration registrationPre-registration is required. Youis can

sign upClub at thefront Marina sign up at the Marina deskClub front desk Come dressed your prettiest or inemail them ator email them at princess dress or prince charming marinaclub@captscove.com marinaclub@captscove.com attire! Come dressed inCome yourdressed prettiestin your prettiest or prince charming princess dress orprincess prince dress charming attire! attire!

CAPTAIN’S COVE

BULLETIN BOARD Arts & Crafts Committee Offering Making Butterﬂy Out of Hangers

Reserve a space starting July 24! $10 Cash per space (deadline Aug. 27)

Saturday, Aug. 14 1-3 pm Town Center Community Room

See Marina Club Receptionist to sign up! If event is cancelled due to rain, refunds will be provided. The Library Committee will have refreshments on sale as a

Ages 7 to 15. Children under 12 must be accompanied by an adult. Class is free of charge. Contact Marina Club to sign up at marinaclub@captscove.com

... helps kids build a foundation of knowledge, attitude, and skills that are needed to be a responsible volunteer & future lifeguard. One Day Sessions from 10am-3pm. For more information, please email Colby Phillips at cphillips@captscove.com Ages 7-14 One Day Session from 10 a.m. - 3 p.m.

Date: Aug. 4

(Last session of summer) Maximum Allowed for each session is 15 MEMBERS: FREE Guest of Members: $10

Captain’s Cove ANNUAL Annual YARD SALE Saturday, Aug. 28 Yard Sale

Cove Commons Commons 8 a.m. toCove noon

Class on

Junior Lifeguard Program ...

Captain’s Cove

fundraiser for the Cove Library. Proceeds benefit Library Committee and CERT.

For questions, contact Justin Wilder at jwilder@captscove.com

Water Aerobics • Hydrobikes • Swim Lessons Personal Training Options • Kids Soccer Coming this Fall ~ Watch this Space for Details

~ Coming This Fall ~

Important Meeting Dates:

• Monthly Senior General Manager/General Manager meeting: August 16th 4pm • September 20th 4pm • Review of Draft Budget Public Meeting: August 23rd 4-6pm (Zoom meeting only) • Board Meeting with Approval of 2022 Budget as an agenda item: September 21st 4pm

46 Ocean Pines PROGRESS August 2021 Short-term rentals

Aquatics -- Swimming lessons have started, with another session From Page 44 Phillips said there have been 12 scheduled to begin the last week of recent complaints, a lot less than July and a third session after that. last year at the same time, with Swimming lessons will continue into most of them involving fireworks, the fall and winter, she said, noting parking and trash, the usual areas that adult classes are available, too. of concern. The junior lifeguard program is She commended rental manage- off to a solid start, providing a pool ment companies for their coopera- of future lifeguard hires. tion in dealing with issues as they Hydro-bike classes are popular, arise. and more classes will be added in August. Veteran’s Memorial -- Phillips “In the fall you will get full sixunveiled a new color drawing of the week sessions,” she said. proposed Veteran’s Memorial, addThe last Family Fun Night of the ing that costs associated with erect- summer is scheduled for the first ing the memorial should be known week of August, she said; the ones soon. held so far have averaged about 100 She previously said a portion of people. the cost might be borne by a donor, A Princess Tea Party, scheduled Dental Services but it appears that a least some part for Saturday, Aug, 7, from 1-3 in the of it would be paid by the Cove as- Community Center, is a dress-up sociation. event for princesses Belle and CinShe also disclosed that a 9-11 derella and is also open to Prince event was in the planning stages, Charmings, she said. Preregistrawith details to be announced. tion is required at the Marina Club.

Website redesign and man- said. A loss of $30,694 for June was agement software -- Wilder up- mostly related to timing issues, she dated efforts that have been under added. way for some time to redesign the Cove’s clunky Frontpage Website. Future amenities -- Trails comHe said that d3 Corp of Ocean mittee chair Phil Leslie suggested City is working on the redesign that during the GM meeting that the will retain private invoice payments Cove needs more parks and trails, while improving access to features citing the abundance of parks and such as the community calendar. trails in Ocean Pines, and even A mock-up of the landing page asked “why can’t we have a beach.” was on display at the July 19 meetPhillips rewarded the suggestions ing, with a goal of mid-September to with an invitation for Leslie to join a produce a redesigned site. working group on future amenities. Wilder also disclosed that the management team would be recomCommunity Yard Sale -- Philmending to the board a new com- lips and event organizer Joyce Platmunity management software suite terspiel discussed plans for a Comcalled AppFolio, which will aid in munity Yard Sale scheduled for Aug. tracking enforcement issues, securi- 28, returning to the format last used ty calls and other activities handled in 2019, pre-covid. Contractor--Home HomeImprovements Improvements Contractor by staff. The only real change from previMay financials -- Eight months ous years is that a paper shredder into the fiscal year, Cove operations truck won’t be available, saving the have a year-to-date positive vari- Cove association some money. A ance to budget of $274,624 and an sign-up sheet is available in the Maactual surplus of $433,791, Phillips rina Club.

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August 2021 Ocean Pines PROGRESS 47

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48 Ocean Pines PROGRESS August 2021