August 2022 Ocean Pines Progress by Ocean Pines Progress

Board approves two-track process for new firehouse

The Board of Directors has initiated a two-track process that could lead to construction of a new Southside firehouse, one that incorporates the existing bays for fire apparatus, adds a new ambulance bay, and razes the existing administrative structure that dates back to the 1980s and replaces it with a new, modern, stateof-the art facility. The two tracks took shape during the Board of Directors’ July 26 monthly meeting, with two separate motions approved unanimously by the Board.

August 2022

PROGRESS THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

DeAngelus caught up in state police probe of hit-and-run fatality

Perrone resigns as OPA treasurer, gag order alleged

~ Page 11

Opinion .................. Pages 40-41 Captain’s Cove ..... Pages 42-55

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Contending he’d been told not to answer questions from Ocean Pines Association members about OPA finances, Director Larry Perrone resigned his position as the OPA treasurer effective immediately at the start of a July 27 Board of Directors meeting. “If the treasurer of the association doesn’t have the ability to answer a simple financial question, then you have the wrong person in the treasurer’s position,” he told OPA President Colette Horn, who he said issued a mandate that he and other directors not answer questions from property owners but instead refer them to the OPA’s information system for answers.

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Ocean Pines food and beverage manager provides details about how investigators came to know location of vehicle possibly involved in tragic death of Ocean Pines teen Gavin Knupp By TOM STAUSS Publisher n an ongoing state police investigation with more questions than answers, at least with what’s been released so far for public consumption, Matt Ortt Companies partner Ralph DeAngelus finds himself in the uncomfortable position of knowing more than he can reveal publicly about the tragic death of Ocean Pines teenager Gavin Knupp in a July 11 hit-and-run near the Glen Riddle development on Route 50. And DeAngelus may actually know very little, contrary to speculation on social media. Local print media have provided detailed information about the fatility and efforts to locate the driver of the vehicle that might have been involved, reportedly a 2011 black Mercedes. How DeAngelus became caught up in the incident remains murky at best. But he told the Progress in a recent telephone conversation July 26 that neither he nor any other MOC

employee was behind the wheel of the vehicle that resulted in the fatality. DeAngelus is also providing details on how state police investigators came to know that the Mercedes was parked on his property in the Ocean Reef subdivision in West Ocean City. He also is disputing widely reported speculation that a member Ralph DeAngelus of his household, a person of interest in the hit-and-run, is missing, aided in the disappearance by DeAngelus himself. “We’re all here, going to work,” he told the Progress. “Nobody has gone to Mexico,” one of the rumors that found its way to social media. He said everyone in his household is willing to cooperate with investigators. To Page 3

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COVER STORY From Page 1 He declined to say whether investigators had interviewed household members. “You understand, it’s still an active investigation,” he said. For the same reason, he declines to discuss his decision to notify authorities of the presence on his property of a vehicle that might have been involved in the hit-and-run. He told the Progress that he and his family have been struggling with the fall-out from the tragedy, which has generated much vitriol toward MOC, DeAngelus and his family on local social media, with more than a 1,000 negative posts on a heretofore little known site called Eastern Shore Undercover, some calling for a boycott of MOC area restaurants. There have been hundreds of negative comments posted on local newspaper Websites as well, and some have surfaced on the Ocean Pines Association Facebook page, but well short of a deluge. Ocean Pines-centric social media have been relatively subdued on the subject. There has been no evidence of a boycott on MOU-managed venues in Ocean Pines or in the greater Ocean City area. DeAngelus in late July was working on a statement for release to the local media, await-

ing clearance from the OPA Board of Directors, General Manager John Viola and DeAngelus’ attorney. The Progress and some local media obtained a copy from an unnamed source on July 27. It makes for interesting reading, as it counters the impression left by a state police press release that investigators had discovered the vehicle at an undisclosed site in Worcester County and had it towed to the state police barracks in Berlin for analysis. The black Mercedes indeed was towed to the Berlin barracks, but what the press release didn’t mention was that it was DeAngelus through his attorney who informed the investigators of the vehicle’s location on his West Ocean City property. In his statement, DeAngelus made it clear that foremost in his mind was the “devastating and sudden loss of Gavin Knupp. “There are no words to adequately convey our deepest and most sincere sympathies to the Knupp family and all who knew and cherished Gavin’s presence in their lives,” he said. DeAngelus said he wanted to respond in a timely manner to many who are asking serious questions and seeking answers about his and his family’s possible involvement in the tragedy. Among items he said “we know to be true,” DeAngelus said that:

• “This matter is still under active criminal investigation, and we continue to do everything in our power to fully cooperate with law enforcement, prosecutors, and the broader criminal justice system. • “Neither Ralph DeAngelus nor his business partners were involved in the tragic accident on Grays Corner Road on July 11th. • “When Ralph DeAngelus was made aware of the accident on July 12th, he facilitated the immediate notification to authorities [about a vehicle that might have been involved in the hit-andrun]. • “Despite reaching out to the authorities on July 12th, police investigators did not actually contact the DeAngelus family attorney until July 15th. On that date, the attorney made arrangements with law enforcement to deliver the car to the Maryland State Police Berlin barracks. • “On July 17th, law enforcement officials executed a search and seizure warrant at the DeAngelus home to take the vehicle in question. • “As previously instructed by members of the legal community, the vehicle had been preserved in its original condition to not disrupt the integrity of the investigation. • “The Matt Ortt Companies has immediately responded to requests from investigators in the aftermath of this tragedy.” To Page 5

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COVER STORY DeAngelus

From Page 3 DeAngelus asked the OPA Board of Directors to “be patient as members of law enforcement complete their investigation and determine how to assign accountability ... We understand that the process is as important as the outcome.” Neither the Board nor Viola have taken any actions that indicate a lack of patience, and MOC management of Ocean Pines food and beverage venues has continued as it did prior to July 11. There seems to be implicit acceptance by the OPA that the MOC have no direct involvement in the matter under investigation by state police. DeAngelus said there are emails that prove there was an outreach to investigators should that become an issue in the future. He declined to comment on the propriety of investigators executing a search and seizure warrant after his attorney had made arrangements with investigators to deliver the car to the state police barracks in Berlin. Matt Ortt, DeAngelus’ business partner, had released an earlier statement defending DeAngelus. It did not provide any details of what had happened on the night of July 11 or in the days that followed, particularly how a high level executive of MOC found himself involved in a situation

with no upside. “For obvious reasons, Ralph cannot speak about this matter. However, he has said to me directly: ‘In the end, the truth will come out, and it will prove me to be the man you always thought I was.’” According to a report in the Maryland Coast Dispatch, a local weekly, a 21-year-old West Ocean City resident has been identifed as a possible suspect in the hit-and-run collision that occurred on Grays Corner Road near the Glenn Riddle subdivision. While the name of the individual apparently is known to the local media, they’ve refrained from publishing it as of July 31. The Progress is also declining to publish the name or the names of other individuals living in the DeAngelus household. The Dispatch reported that a check of court records found one of the individuals connected to the incident reveals prior and recent traffic violations involving a 2011 black Mercedes at an address in the Ocean Reef community. The incidents are said to be relatively minor, not involving DUIs or DWIs, which might indicate issues with alcohol. Matt Ortt’s full statement read as follows: “On behalf of Matt Ortt Companies, we are aware of a tragic event that has brought pain and heartache to multiple families and our thoughts are with all of those involved.

August 2022 Ocean Pines PROGRESS 5 “With all of the speculation surrounding this event, I feel the need to say something publicly. I have been in business with Ralph DeAngelus for three decades as a leader, mentor, and partner. “During that time, Ralph has always been a man of integrity, which is how he has built such a stellar reputation in our town,” the statement said. “Over the past few years, Matt Ortt Companies has added substantially to the area by revitalizing the Ocean Pines food and beverage operations and starting two new popular restaurants, all of which employ over 400 members of this community. At this time, my focus will be to continue to operate Matt Ortt Companies to the same high standards to which we have always held ourselves. “For obvious reasons, Ralph cannot speak about this matter. However, he has said to me directly: ‘In the end, the truth will come out, and it will prove me to be the man you always thought I was.’ I will take him, as I always have, at his word, and I hope the community at large will as well. Ralph has never violated the trust that I put in him, and I don’t expect that to ever change. A “As the Managing Member of the Matt Ortt Companies, and on behalf of the management team, we stand fully behind Ralph’s word and will continue to wait for all the facts to come out as the investigation proceeds,” Ortt said.

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Family and friends celebrate Gavin Knupp’s life with party, paddle-out on Ocean City beach

amily and friends of Ocean Pines 14-yearold Gavin Knupp killed July 11 in a hit-andrun near the Glenn Riddle development on Route 50 met on the beach at 36th Street on Saturday, July 24, in Ocean City to celebrate his life with a paddle-out and party with music, food and drink. More than 250 surferss participated in the paddle-out, which included a memorial wreath in honor of Gavin. Another 400 more assembled on the beach with moving remembrances of his life. The Knupp family issued a statement through its attorney thanking those who attended the celebration. “Saturday’s Celebration of Life for Gavin was overwhelming for all of us,” the statement said. “While our grief remains, the outpouring of support from Gavin’s friends and family, local restaurants and businesses and the community at large has continued to provide us with the strength we need to deal with this unspeakable tragedy. “We also want to say a special thank you to the Ocean City Surf Club for arranging the cele-

bration of life and surfer’s paddle out for Gavin, setting his spirit free. And thank you as well to all the surfers who participated.” A Go-Fund-Me page established to help the family with expenses related to the tragedy raised $48,560 as of July 27. The goal is $55,000. An Internet search for “Go Fund Me Gavin Knupp” will locate the page where donations can be made. The Knupp family through its attorney also released a statement July 21 thanking the community for its support and expressing confidence that there will be justice for Gavin when the investigation and legal process is complete. The attorney’s statement was released through Knupp’s parents, Ray and Tiffany, and his sister, Summer Knupp. “Our hearts are forever broken by the senseless loss of our beautiful son and brother Gavin,” the statement reads. “While we grieve his death, we have been overwhelmed by the love and support we have received from the community. That has provided strength and comfort during our darkest days. We thank you all from the bottom of our hearts. We have full trust and confidence in

Gavin Knupp, from the Go Fund Me page set up to raise funds for the Knupp family. our law enforcement authorities and the justice system to hold accountable all of those responsible.” According to a published obituary, “Gavin Ross Knupp, 14, of Ocean Pines, passed away following a tragic accident on Monday, July 11, 2022. Born on June 13, 2008 in Salisbury, he was the son of Raymond Knupp of Salisbury and Tiffany Knupp (Frye) of Ocean Pines. “Gavin was an outdoor enthusiast. He loved hunting, fishing, surfing and skateboarding. Above everything else he loved his sister, Summer. They were two peas in a pod, always inseparable and he looked at her as his hero. He will be remembered for his great sense of humor, his ability to light up a room and his exceptional u

8 Ocean Pines PROGRESS August 2022 Celebration of life From Page 7 character. He made friends everywhere he went and will be missed by everyone who knew him. Everyone who had the honor of knowing Gavin is better for doing so. “He was preceded in death by his grandfather, Jeff Beach. “Gavin is survived by his parents; his sister, Summer Knupp; grandparents, Roger and Marlene Frye of Salisbury, Allen Knupp of Berryville, Va. and Terry Beach of Crisfield; an aunt, Crystal Stavley and her husband Mark of Eden; two uncles, Roger and Randy Knupp both of Salisbury; cousins, Cade and Savannah Stavley; his best friend, Kameron Blagus; as well as many other friends. “Memorial donations may be made to the GoFundMe page established in Gavin’s name ... “Arrangements are in the care of Holloway Funeral Home, P.A., 501 Snow Hill Road, Salisbury, Md. 21804. To send condolences to the family, please visit www.hollowayfh. com.” The Go Fund Me page’s post from family friends Caroline Barber and Erin Tapley reads, “Last night (7/11/22) our earth stopped and our hearts shattered. Tiffany, Ray and Summer Knupp will never be the same. They lost their son, and brother. “Gavin Knupp, a sweet, funny, bright 14-year-old boy, was taken in a senseless hit and run. This was never supposed to happen. “Gavin had a love and passion for so much. Fishing, hunting, skateboarding, surfing and of course soccer. Gavin was truly loved by EVERYONE that met him. He will be forever in our hearts. “Please help the Knupp’s in any way you can during this difficult time. They were not prepared to say goodbye to their sweet boy.” “And please pray for Summer, Tiffany, Ray and all Gavin’s family and friends as we try to heal from this tragedy. An update reads, “We just want to thank everyone so much for all the support and generous donations we have received in the last 24 hours. We will be able to honor Gavin in a way that shows how much he was loved and cherished by so many! Any additional funds will allow the family to get the support they need with such an untimely passing as well as time to celebrate his life as a family. “

OCEAN PINES

Board approves two-track process to build new Southside firehouse Directors want to launch community capital funding campaign before conducting a referendum By TOM STAUSS Publisher he Board of Directors has initiated a twotrack process that could lead to construction of a new Southside firehouse, one that incorporates the existing bays for fire apparatus, adds a new ambulance bay, and razes the existing administrative structure that dates back to the 1980s and replaces it with a new, modern, state-of-the art facility. The two tracks took shape during the Board of Directors’ July 26 monthly meeting, with two separate motions approved unanimously by the board. The first motion related to the Southside station was offered by OPA Vice-president and Director Frank Daly. It sets up a process that is expected to lead to a community referendum on funding a portion of the cost of building what essentially would be a new firehouse. The second motion was offered by OPA President Colette Horn, and it sets up a process that will establish a capital fundraising effort to raise money to pay for the construction/renovation of a

Southside fire station. Taking together, the two motions suggest that the directors want to launch a capital funding program before they’re willing to commit to proceeding with a referendum, with a funding amount subject to community approval unknown until such time as it’s known how successful a capital fund-raising campaign turns out to be. It’s anticipated that the capital funding campaign will fall short of what’s needed to fully finance the local share of construction costs, which the Ocean Pines Volunteer Fire Department has estimated at $6 million, after contributions in the form of various state grants and about $1 million in OPVFD capital reserve funds. OPA officials are hoping that the local share comes in at well under $6 million, but it’s too early to say, as detailed engineering specifications for the building have not been completed. The Daly motion suggests that the Board is willing to proceed with a referendum once certain conditions are met under a process that includes the hiring a “construction manager at risk” to oversee construction. To Page 10

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From Page 8 This approach is more or less the same process that was called a “design-build model” used to build the golf clubhouse and the police department expansion projects in recent years. According to Daly, the “construction manager at risk” model commits a builder to a “maximum” construction cost, based on an approved project design in which the builder is intimately involved. Change orders are allowed but under tightly controlled circumstances. The model’s objective is to avoid or limit cost-overruns, Daly told the Progress. Daly’s motion sets out a detailed process that would trigger a vote by the Directors to conduct a referendum. An initial step is to determine the status of a joint OPA/OPVFD capital fund-raising campaign, including start date, funding goal, and when it’s completed, the amount raised. A second step is to solicit three construction manager at risk bids

from at least three qualified general contractors who have constructed fire stations. An attachment that was part of the Daly motion spelled out the details. “The OPA will use the construction manager at risk model to obtain guaranteed maximum price quotes ... This information will define the maximum construction cost of the facility. ... The OPVFD and the OPA will also define, with the general contractor, the change order request and approval process that will be implemented during ... construction,” according to an attachment that was part of the motion. The attachment indicated that once a construction cost is determined, “the OPVFD and OPA can assess the amount of the total construction cost that can be supplied by the ... capital campaign, state grants” and OPVFD reserve funds. “The difference between funding and the maximum construction price will determine the funding shortfall,” the attachment continues. “The OPVFD and the OPA will u

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August 2022 Ocean Pines PROGRESS 11 property owners but instead refer them to the OPA’s information system for answers. Perrone read into the record a letter directed to Horn, saying his decision to resign as treasurer is the result of her direction to the Board as replacement until board reorganization meeting that directors are prohibited from Perrone resigned his position as the simple financial question, then you answering any financial questions OPA treasurer effective immediate- have the wrong person in the trea- raised by community members. He said Horn advised the Board ly at the start of a July 27 Board of surer’s position,” he told OPA Presvia email that financial questions Directors meeting. ident Colette Horn, who he said isshould be referred to info@ocean“If the treasurer of the association sued a mandate that he and other pines.org. To Page 13 doesn’t have the ability to answer a directors not answer questions from

Perrone resigns as OPA treasurer following Horn’s alleged gag order Doug Parks appointed

By ROTA L. KNOTT Contributing Writer ontending he’d been told not to answer questions from Ocean Pines Association members about OPA finances, Director Larry

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Fire station From Page 10 then be in a position to determine how to cover the shortfall and the exact impact that will have on the annual assessment.” Implicit in the process is that the funding shortfall would be financed by annual OPA assessments paid by OPA members, subject to referendum. The addendum then said that other issues would need resolution, including the issue of building ownership and how maintenance costs are covered. The current building is owned by the OPVFD. “Once all the above is completed, the Board will be in a position to vote on going to referendum in the required yes/no format with specific cost and assessment implications to each lot owner,” the attachment concludes. Daly said a complicating factor in the process is that the existing memo of understanding that dates back to 2013 says that a renovation or replacement of the Southside firehouse is to be accomplished by a capital fund-raising campaign only. He said that the yes/no referendum question would have to be written in such a way that this provision of the MOU would be explictly over-ridden by an affirmative vote in favor of the project, or else the MOU would have to be amended before a referendum is conducted. Horn’s motion for a capital fund-raising campaign was less involved than Daly’s for a referendum. It directed the general manager to “authorize and oversee staff to provide technical assistance to the OPVFD for preparation of a request for proposals to secure at least three bids for fund-raising.” It also called for the formation of a work group to evaluate and select a fundraising professional to provide services in support of the [campaign].

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OCEAN PINES Perrone resignation From Page 11 An OPA member, Joe Reynolds of oceanpinesforum.com fame, approached Perrone with a financial question. According to Perrone, when he requested information from the general manager and director of finance in order to respond to the question, he was advised by General Manager John Viola to submit the question to that email address. Horn then made the same direction to Perrone and went a step further by giving that direction to the full Board. “In essence you have defacto appointed the general manager the treasurer of the association,” Perrone told Horn. “You do not have the authority to direct the treasurer or the Board not to answers from community members. I cannot support this direction which I believe contradicts the duties for the treasurer or any Board member.” Horn accepted Perrone’s resignation from the treasurer’s position and said she is sorry that he feels that way. She contended that the OPA’s governing documents are silent regarding the right of Board members to answer member questions and the president’s authority to stop them from doing so. She said use of the email address info@oceanpines.org was implemented to reduce confusion and create a business-like approach to following up on all questions having to do with OPA operations. She said that doesn’t mean individual directors cannot answer questions, but she encouraged them to direct questions to info@oceanpines.org “to get the questions to the right person on the operations team.” She said that approach will create consistency of communication, “which in my view is one of the best business practices that I think everybody sitting at this table had hoped to achieve when they each took their seat as a director.” Perrone responded that this was just the latest of several incidents of conflict between him and the general manager regarding the duties and responsibilities of the treasurer. “Unfortunately, you have taken a position that the general manager should be the sole source of answering financial questions. You are defacto appointing him treasurer of the association. He is not the treasurer of the association. He is the chief operating officer and chief personnel officer,” Perrone said. He reiterated his opinion that Horn doesn’t have the authority to direct the Board not to answer member’s questions. He said the Board is elected by the community and if directors have the information and ability to answers questions posed to them, then they should do so. During the Public Comments segment of the Board meeting, Reynolds said he was the person who asked Perrone a financial question regarding the OPA’s reserve funds. He said a new State law dictating the amount of reserves necessary may have an impact on the OPA’s finances. Reynolds said this is not a minor issue yet the Board hasn’t addressed it. “I don’t think it’s inappropriate for an association member to ask the treasurer what’ the heck is going on,” he said. “There’s really a lot of hypocrisy going on here. It’s unbelievable,” Reynolds said. He added “I’ve got to believe this keeps going back to personal stuff. It is that somebody doesn’t like Larry Perrone, or somebody doesn’t like me? It makes no sense. What do you hope to gain?” Reynolds said journalists and association members have been asking questions of Board members for decades. He pointed out that several sitting Board members regularly answers questions and share information on social media. He asked if Horn is going to forbid every Board member from posting on social media next. “I just don’t know what’s going on here. I can’t figure it out. And I think it’s all wrong,” he said. Perrone’s resignation has little practical effect, as his term as a director expires at the Aug. 13 annual meeting. He’s been replaced by Director Doug Parks, who held the position until earlier this year when Perrone was voted in by a majority of his colleagues. In a statement issued by Horn July 29, she said she asked Parks to solicit his willingness to step up treasurer for the remaining of the current board term. He agreed, and the Board voted unanimously via email to elect him.

August 2022 Ocean Pines PROGRESS 13

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Board postpones action on amenity use rules Would allow for suspension of offending OPA member from use of OPA venues

By TOM STAUSS Publisher he Board of Directors has opted not to take action on new food and beverage amenity rules for now, with a provision that could result in an Ocean Pines Association member losing the right to use or access OPA amenities for breaking the rules, with the length of suspension based on the severity and frequency of the behavior. OPA President Colette Horn offered a motion to approve the new rules during the July 27 meeting of the Board. After discussion, in which there was no consensus on when and how suspensions would be imposed, the directors voted unanimously to table the proposed rules. Another factor in the decision to delay action is that there is a new state law effective Oct. 1 that will require homeowner associations in Maryland to set up an appeal process for those who are found in violation of HOA rules. Directors agreed that more time is needed to work out how appeals would be handled in Ocean Pines. Although there was no discussion of it, Horn’s motion would seem to run afoul of language in the OPA Charter which limits the ability of the Board to suspend amenity use to two infractions, failure to pay the annual assesment and violation of OPA covenants. Section 8 of the Charter says that “there shall be no other preferences, limitations or restrictions with respect to the relative rights of the members.” Horn said that a recent review of Board Resolution M-02 indicates that Section 14.a mandates that the GM establish rules for use of the amenities, and that OPA Bylaws Section 5.13(a) authorizes the Board “to adopt and publish rules and regulations governing the use” of facilities owned and operated by the OPA. She also said that Sections 12.e and 12.f of M-02 give the GM and amenity managers the authority to enforce rules. Horn said the “recent incident” at the Yacht Club involving former Director Tom Janasek and current Director Josette Wheatley “revealed the absence of rules adopted by the OPA for our food and beverage facil-

ities.” Her motion was designed to remedy that dearth of rules with new language to be added to the Book of Amenity Rules maintained in the GM’s office. As proposed, the new rules would apply to the Beach Club, Yacht Club, the Golf Clubhouse, and all adjacent

property, such as parking lots, outdoor decking and patio, and in the case of the Yacht Club, the pool. The new rules would specify that members and guests of these facilities are “to conduct themselves appropriately when on any of the OPA’s food and beverage venues. Examples of inappropriate be-

havior would include: • boisterous, vulgar, or otherwise offensive behavior toward staff, management or another patron that is offensive or which causes a nuisance or unreasonable annoyance to other patrons • verbal abuse toward another To Page 17

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From Page 15 patron, management or staff • drunk or disorderly conduct, dangerous or unsafe actions or behavior, or theft or destruction of any OPA property • physical altercation, or threat thereof, involving another member, guest, patron, management or staff The proposed rules allow for but don’t mandate “removal of an offending individual from the amenity and/or all of the food and beverage amenities. “The length of such suspension will be determined based on the severity and frequency of the behavior,” the proposed rules say, adding that other enforcement mechanisms available under the Declaration of Restrictions or by-laws are not precluded. Director Doug Parks said that the severity and frequency of the behavior would require subjectivity on the part of those deciding the fate of an offender, and he suggested a more defined approach. In the end, the directors couldn’t come up with that, and so Horn’s motion was tabled.

OPA insurance company names attorney in Janasek defense Aug. 25 hearing date remains on court docket By TOM STAUSS Publisher here was a rumor circulating that the Ocean Pines Association was having trouble finding a law firm willing to represent it in the suit filed against the OPA and four directors by former director Tom Janasek, who had been suspended for a much publizized incident at the Yacht Club involving alcohol and profanity. Janasek filed suit against the OPA and the directors, alleging they had no auhotirity under OPA governing documents to suspend him from OPA food and beverage venues. He won the opening skirmish, obtaining a temporary court order reversing the suspension pending a court hearing on the merits. Initially a June 29 court date had been set for the hearing, but that later was postponed to Aug. 25 to give defense attorneys more time to prepare. The postponement may have helped promote the rumor that the OPA was having a hard time finding legal representation, with the rumor mill suggest-

ing that the OPA’s case is so weak that no attorney, including OPA counsel Jeremy Tucker of the Lerch Early law firm, wants to handle it. Not so, says OPA Vice-President Frank Daly, one of the four directors named in the suit, along with OPA President Colette Horn and directors Amy Peck and Larry Perrone. Peck is running for a seat on the Board in this summer’s OPA election. Daly said initially there was an issue responding to the Janasek filing in a timely fashion. The preliminary injunction against enforcement of the suspension was granted without input from the OPA or its attorneys. There was also the “rocket docket” aspect of the original court date of June 28, set by Judge Sidney Campen only eight days after the filing of the Janasek lawsuit on June 20 by Ocean City attorney Bruce Bright. Daly said that normally a defense of any lawsuit against the OPA and directors is handled by a law firm selected by the OPA’s insurance company, CNA u

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Police chief pushes back on request for crosswalks Board asks Viola, Ehrisman to come back with a solution for when trails cross Ocean Pines streets By ROTA L. KNOTT Contributing Writer hile one Ocean Pines resident pleaded with the Board of Directors for marked crosswalks at popular walking trail crossings and intersections in the community, Ocean Pines’ police chief says the Ocean Pines Association doesn’t have the authority to install crossings on private property and his agency can’t enforce their use. He was referring to the fact that crosswalks give the right of way to pedestrians over motorists. As a practical matter, it seems doubtful that walkers would be looking for police assistance in crossing a street or that any dispute would arise between walkers and motorists requiring police intervention. During the Public Comments segment of the Board’s July 27 monthly meeting, Patti Stevens, chairman of the Worcester County bike and pe-

Janasek lawsuit From Page 17 Insurance. Because of the quick response needed, Daly said a decision was made to ask Lerch Early to handle the initial response, with the understanding that CNA’s attorney would take over the case in the more substantive phases. That’s how it unfolded. Lerch Ear-

ly attorneys Stanley Reed and Caitlin Grant entered the case on behalf of the OPA, asking for a postponement of the June 28 hearing, which was granted without objection by Bright. But the temporary injunction on the Janasek suspension was also continued, in effect giving him access to his favorite OPA venues for most of the summer, at least until the Aug. 25 hearing.

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destrian coalition, said that since the OPA is preparing for a road restriping project, now is the time to mark areas for new crosswalks as well. She requested consideration be given striping crosswalks with raised bead marking at places where walking paths cross roads. She cited Robinhood Trail as an example; it’s a scenic, wooded trail that begins in Robinhood Park and runs parallel to Ocean Parkway for much of the length of Section 10. She said there are five spots where that trail, with one end on Nottingham Lane/Footbridge Trail and the other at Robinhood Park, crosses roads and nothing marks those locations. Another location where she said there should be a crosswalk is at the entrance to White Horse Park, where hundreds of people walk each week to activities like the farmer’s market. Stevens suggested that it would be most efficient to install the crossTo Page 21 Last month, the case was joined by a Towson, Md., -based law firm hired by CNA. Marks, O’Neill, O’Brien, Doherty, Kelly attorney Megan T. Mantzavinos, managing partner in the firm’s Towson office, will be defending the OPA position, according to information provided on the Maryland judiciary’s case look-up Website. Daly said the insurance company had no difficulty in finding a suitable law firm to handle the OPA’s defense. In a related development, it appears that OPA board solidarity on the case might be further fractured should this summer’s board election result in candidate Stuart Lakernick gaining a seat on the board. He’s on record as agreeing with directors Doug Parks and Rick Farr that as egregiously offensive as Janasek’s behavior toward Wheatley was in the Yacht Club incident, OPA governing documents only confer a right to suspend amenity access for non-payment of OPA assessments and unresolved CPI (Compliance, Permits and Inspections Depart-

ment) issues. If Lakernick is elected, he might support some sort of settlement acknowledging that the Board had no authority to impose the Janasek suspension. He suggested to the Progress that any settlement might need to contain a provision in which the OPA covers Jansasek’s legal fees. There would need to be a fourth director to join Parks, Farr and Lakernick in pressing for a settlement in which the OPA would acknowledge that its action in suspending Janasek was not authorized by the governing documents or that the OPA would cover Jansasek’s legal expenses. Parks and Farr have made no public comments on any possible settlement Meanwhile, as the deadline for the August edition of the Progress approached, there’s been no initial response filed by the OPA’s attorney outlining a defense in the case. Normally, a defendant in a case such as this has 60 days after a case is filed and served to file a response.

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OCEAN PINES Crosswalks From Page 18 walks while the contractor is in Ocean Pines restriping the roads. She said the Recreation and Parks Advisory Committee has discussed the need for crosswalks at locations within the community for years, but none of those locations are on the administration’s list of sites to be striped this year. The state and Worcester County are investing in installing crosswalks and curb cuts in preparation for future crosswalks as part of expansion projects on Route 90 and Route 589, Stevens said. But the Ocean Pines Association hasn’t done anything to connect the community to those state and county marked crossings. “You can’t just put [them] on private property,” Police Chief Leo Ehrisman said of crosswalks. He referred to past studies that found logistical problems with placing crosswalks in some of the areas mentioned by Stevens. Ocean Pines roads are owned by the OPA, but are in the county’s roads inventory making them eligible for state gasoline tax distributions. Ehrisman said there is a similar issue with bike paths. The path

along Ocean Parkway that is used by bicyclists and typically referred to as a bike lane really isn’t one, he said. “We have an extended shoulder, but it’s not a designated bike lane,” he added. Ehrisman said there are laws that apply to dedicated crosswalks and bicycle lanes, but those do not apply in Ocean Pines. He said the police department routinely received complaints about cars parked along the shoulder of the road in the “bike lane.” Since it isn’t an official bike lane but rather an extended shoulder, motorists are allowed to park there, he said. That extended shoulder varies from two to four feet in width along Ocean Parkway depending on the natural feature of the lane, he added. As another example of a limit on the OPA’s authority, Ehrisman said the community can’t install speed bumps on roads with a speed limit over 25 miles per hour. He said that suggestion is also routinely made to his department by residents. Stevens asked if there is a way for the OPA to work with Worcester County to secure the proper designations for crosswalks in the com-

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22 Ocean Pines PROGRESS August 2022

OCEAN PINES

Viola pulls proposed Admin Building addition from July 27 meeting 1,000 square foot addition would accommodate hybrid meetings with in-person attendance By TOM STAUSS Publisher here had been a discussion item for a proposed expansion of the Administration Building to accommodate an enlarged Board meeting room on the July 27 Board of Directors monthly meeting. At the beginning of the meeting, however, Ocean Pines Association President Colette Horn announced that the discussion had been removed from the agenda on the request of OPA General Manager John Viola, who said he wanted more time to work on the proposal. In prepared remarks for the meeting, Horn was going to tell her colleagues that discussion was intended to guage Board interest “in supporting an addition to the Admininistration Building for a Board room that would accommodate larger meetings with the necessary technology, acoustics and seating for hybrid meetings.” Viola’s proposal is for a room addition that would accommodate from 100 to 150 individuals with the technology necessary to support remote access. “The proposal is for the room to be added on the northeast side of the building, to have its own entrance and restroom,” according to planned remarks that were never made. “This arrangement would minimize disruption of workers in the main portion of the Administration Building and provide dedicated space that is not competing with revenue-generating activities for the [Golf] Clubhouse meeting room and As-

Crosswalks From Page 21 to vote differently for their different properties. “I think all ballots should be mailed as we continue to transition to online voting,” he said. The Elections Committee has clarified its procedure for this summer’s Board election, advising owners of multiple properties that they can request multiple paper ballots for each of their properties, OPA President Colette Horn told Lakernick. Lakernick also said the days and times of the Board meetings are “incredibly inconvenient” for people who work. He said it is difficult for people to attend Board meetings on mornings during the week. Joining him in criticism of the Wednesday board meetings was Roelof “Dutch” Oostveen.

sateague Room {in the Community Center.}” Those two venues have been used periodically for board regular and special meetings this past year, but more recently the Board has reverted to use of the existing Board room in the Administration Building, the basic configuration of which dates back to 1985, when the building was completed. The OPA administration and police department moved to the building in August of that year from the old Community Hall. The Board room has been equipped with stateof-the-art audio/video equipment that allows for remote participation in meetings. A large screen is in place, and the equipment is built-in, in contrast to the Assateague Room and Clubhouse room in which the equipment needs to be set up in advanced of each meeting that takes place in these venues. A sketch of the proposed new room indicates that it would be 25 feet by 40 feet, for a total

of 1,000 square feet, with an eight foot by 25’ raised platform for board seating. There was no cost estimate for the proposed expansion presented in the agenda materials released on the OPA Web site prior to the meeting, but Viola later told the Progress he estimated $175,000 for the project. That was one of the John Viola reasons he decided to withdraw the proposed for consideration. He said the new room is budgeted at $150,000 in the approved budget for 2022-23, but with a $25,000 overrun, he wants more to figure out how to pay for the additional $25,000. He said his current plan is to present the proposal to the Board in October. Viola said another reason for the delay is that some directors were uncomfortable with discussing a new room for their deliberations at the same meeting in which a new Southside firehouse was on the agenda. For decades, the seating spread around the room has been adequate to contain typical OPA member attendance at meetings, with additional seating occsionally necessary. When certain hot topics on an agenda could be anticipated, meetings generally have been relocated to the nearly Assateague Room, which can accommodate many more people.

Daly, Parks possible successors to Horn as OPA president Ballots due back by 4 p.m. Aug. 10; first year with electronic voting

By TOM STAUSS Publisher epending on how Ocean Pines Association members vote in this summer’s Board of Directors election, either Frank Daly, the current vice-president, or former OPA President Doug Parks will likely be selected by their colleagues as the OPA’s new president, succeeding Colette Horn. Parks, who will be in his final year as a director with the new board term that begins this month, would have the support of current director Rick Farr in the board voting for president. The selection process normally occurs in the board’s organizational meeting after the annual meeint, this year scheduled for Saturday, Aug. 13. Should candidates Stuart Lakernick and Monica Rakowski be among the winners in this summer’s balloting, they’re likely to throw their support behind Parks, according to sources. Lakernick and Rakowski, though not running as a team in the election, have been both been endorsed by the Get Inolved Facebook page administered by Lakernick’s wife, former OPA Director Esther Diller. Should either Lakernick or Rakowski not make it to the winner’s circle, the odds of a Daly presidency increasee significantly. Candidates Amy Peck and Josette Wheatley are said to be in the Daly camp. Wild cards are candidates Steve Jacobs and Paula Gray, with Jacobs, a current member of the Bylawa and Resolutions Advisory Committee, perhaps more likely to favor Daly over Parks. That, at least, is the speculation in some Ocean Pines political circles, with nothing definite known for sure. To Page 24

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24 Ocean Pines PROGRESS August 2022 OPA Board election From Page 23 Farr at one time had been seen as the preferred presidential candidate among the Parks-Farr faction of the Board, but more recently, because of a busy full-time schedule that often takes him out of Ocean Pines for work, Parks has emerged as the preferred candidate of this faction. Ballots were sent out a little later than initially intended during the week of July 18 and are due back by Wednesday, Aug. 10, with counting of ballots set for the following day. Counting should be easier and faster than the recent by-laws referendum because this is this first year that the OPA is conducting the election electronically, with traditional paper ballots also allowed. In the election materials sent out to OPA members, detailed instructions were included on how to cast an electronic ballot, with the use of unique code assigned to each property owner. Electronic voting is being handled by an inepdenent contractor, Vote HOA Now With fewer paper ballots likely, there will be fewer ballots that need to be scanned and merged with the totals of votes cast electronically.

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OPA to conduct ‘hybrid’ annual meeting

Perrone fears change will promote attendance decline

By TOM STAUSS Publisher ver the continued opposition of its Board of Directors liasion, Larry Perrone, the Ocean Pines Association’s Elections Committee is working out details on how this summer’s annual meeting will take place under a hybrid format, allowing for both in-person attendance and remote participation. The annual meeting is scheduled for Saturday, Aug. 13, at 10 a.m. in the Assateague Room of the Ocean Pine Community Center. The hybrid approach is being devised with an assist from the OPA’s information technology director, Keith Calabrese, and Marketing and Public Relations Director Josh Davis. The Board of Directors at a June 27 special meeting informally agreed to go with remote participation, subject to details being worked out. The lone dissenter was Larry Perrone, the board liasion to the committee. The Progress has been told that details have been worked out, with more testing under way to ensure that hybrid participation will occur as seamlessly as possible. Those who want to attend the meeting in person need only to show up and produce an ID during a checkin process that is virtually unchanged from the way it’s been done for decades. They are given a card how many votes they can cast should any issue requiring a vote of the membership occur during the meeting. Those who want to participate remotely will follow a process designed to replicate the in-person process as closely as possible. Prior to the meeting, the OPA will be sending out a press release via email including a link to the meeting. Step-by-step instructions on how to attend the meeting will be included in the OPA’s press release.

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New pickleball courts to be ready for play in early September By ROTA L. KNOTT Contributing Writer hile pickleball courts in Manklin Meadows are unavailable for play due to repairs to existing surfaces and construction of new courts, racquet sports enthusiasts can play in the Community Center or at the Swim and Racquet Club. General Manager John Viola said the gym is being made available for pickleball from 11 a.m. to 2 p.m. on Tuesdays and portable nets can be used for pickleball play on the Swim and Racquet Club tennis courts. During the monthly July 27 Board of Directors meeting, Viola said the contractor completed the top coat on the new courts in mid-July. A new sidewalk and fencing have also been installed. Painting of the new courts is under way and once that work is completed the courts will need to be closed to use for ten days. Once that ten-day waiting period is up on the new courts, then crack repairs will begin on the existing courts. Viola anticipated that all of the courts will be open for play in early September.

New t-docks installed at the Yacht Club in late July.

Marina T-docks installed

Despite having several pumps off line after a fuel leak, Viola said during the July 27 Board meeting that the Yacht Club marina is meeting customer’s demands. He said the OPA has submitted plans for replacement of fuel lines to the permitting agencies and anticipates that project will begin after the busy summer boating season. He said he will present cost estimates for that project to the Board in September. Meanwhile new T-docks have been installed at the marina. All of the aluminum work and floats for under docks arrived and are in place.

NorthStar functionality improving

The OPA is beginning to recognize efficiencies from the Northstar software system, according to Viola. The online payment portion of the system launched in March and so far has processed more than $520,000 in payments. “That’s what we’re looking for,” Viola said. He noted there have been just three active support tickets in the last 30 days regarding deposits, inventory items, and purchase orders. The OPA is transitioning its internet service from Verizon to Granite and will save more than 10 percent annually in related costs, Viola said. All 11 OPA locations now have back up internet service as well. The OPA also now has multiple locations capable of hosting hybrid meetings. Those sites are the Board room, golf meeting room, golf conference room, and administration meeting room.

North Gate bridge waiting on Miss Utility

Materials have arrived for the installation of new lights on the North Gate bridge but the OPA is waiting for Miss Utility to locate and mark utilities in the area before beginning work. Viola said as soon as the utilities are located, crews will install the concrete bases for the primary light poles at the bridge corners and then when the concrete is set the four light poles will be erected. Bridge lights will be installed on one side of the structure at a time and will require closing the work side of the bridge. During that construction only one side of the bridge open will be open at a time. Viola estimated project completion as three weeks from the date the OPA receives the utility locations from Miss Utility.

Police department facing personnel challanges

Like many agencies the Ocean Pines Police Department is facing challenges with recruitment and retention of officers. Viola said he is working with Police Chief Leo Ehrisman to develop some incentives that may help address those challenges. One of those incentives may be take home cars for officers. “There are benefits of that,” he said. He told the Board Ehrisman is gathering information for presentation to the Board in the future.

OCEAN PINES Drainage pipe replacement pending

Senior executive Office ManagerLinda Martin told the Board the replacement of drainage pipes under several roads is about to get under way. Pipes will be replaced at Beaconhill Road, Pinehurst Road and Sandyhoook Road and residents should expect road closures and limited access. Drainage pipe lining will begin in August with phase one on Juneway Lane, Seagrave Lane, Cannon Drive, Southwind Court, Drawbridge Road and Ocean Parkway for a cost of $187.971. Phase two includes Mumford’s Landing Road, Fairway Lane, Whisper Court, Newport Drive, and Beaumont Court at a cost of about $235,399.

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Dredging list finally completed

The OPA’s 2020 list of dredging project has finally been completed, Martin said. Dredging was done at 15 Beach Court, 31 Boatswain Drive, 12 Carriage Lane, 21 Goldeneye Court, 18 Harborview Drive, 34 Harborview Drive, 33 Seabreeze, 58 Skyline Court, 68 Skyline Court, 35 Watergreen Lane, 7 White Sail Circle, and 4 Windward Court.

Mailbox repairs proceeding

Martin said replacement of pedestals and cluster boxes for high priority mailbox locations has started. The first pedestal replaced was on Charleston Road. The OPA is coordinating with the postal service to get access to other high priority sites.

Route 90 committee created

On the recommendation of the Strategic Planning Advisory Committee, the Board of Directors has agreed to create an ad hoc committee that will focus on Route 90 highway and bridge expansion. The action was taken at the board’s July 27 monthly meeting, with the board endorsing a charging document presented by committee board liaison Amy Peck. The ad hoc panel will serve as a subcommitee of the Strategic Planning committee, with lines of communication including the board liason, the OPA president, and General Manager John Viola. Peck said the subcommittee is needed because Ocean Pines has been identified as a major stakeholder in the state’s planning proess for Route expansion, as noted during a June 21 public hearing hosted by the State Highway Adminisration. Pedestrian, bicycling, environmental and vehicular travel to and from north and south Ocean Pines are issues to be considered, and traffic patterns will be significantly affected at Route 90 intersections at Route 589 and St. Martin Neck Road. The ad hoc committee will be a multi-disciplinary group with representatoves from various advisory committees, Peck as the committee’s board liason, and a volunteer with a background in transportation engineering.

Board approves road striping

The Board of Directors has approved a $19,398 road striping contract for 2022-23, approving a contract with Alpha Space Control of Chambersburg, Pa., for nine roads in Ocean Pines, with six of them in the Parke section. Alpha Space Control is recommended by Worcester County Public Works stafferss, who use the company for the county’s road striping program. Ocean Pines’ program is for 200,000 or more linear feet of line striping, with 101,260 linear feet of white and 90,000 or so of yellow srriping. Two other bids for the project were sought, with one company not responding and the other giving a verbal quote of $160,000, the result of having to do hand-striping. The roads to be line include Ocean Parkway, Cathell Road Extended and Yacht Club Drive. In the Parke, the roads include Hatteras Street, Federal Hill, Fort Sumter South, Columbia Avenue and Potomac Avenue. The road striping was approved during the Board’s July 27 monthly meeting. Other striping projects were recently completed at the golf cart crossings at Hingham Lane, Borderlinks and Drawbridge, the helicopter pad and the crosswalk at Cathell Road and Ocean Parkway. u

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OCEAN PINES Newspaper delivery curb off the table

From Page 27 All of the road restriping includes reflective beads in the paint to help guide motorists.

Vote suspensions affect 32 OP properties

The Board of Directors at its July 27 monthly meeting approved another round of amenity suspensions for properties said to be in violation of various community rules and regulations, with infractions including maintenance issues, lack of permit, parking, trash, unregistered vehicles, box trailer, and unapproved skateboard ramp. A motion to suspend voting rights and access to Ocean Pines amenities for 32 properties was offered by Director Josette Wheatley on behalf of the Architectural Review Committee, which regards suspensions as a way to improve enforcement without necessarily resorting to the court system. The properties cited are those that had been referred to legal for action as of Dec. 31 of last year, with no resolution using conventional compliance practices successful in resolving issues. Properties on the approved suspension list include 11 White Horse Drive, 2 Capetown Road, 14 Capetown Road, 81 Ocean Parkway, 11 Coventry Court, 39 Clubhouse Drive, 9 Lookout Point, 78 Birdnest Drive, 17 Sandyhook Road, 12 Starboard Court (twice), 8 Yeoman Court and 5 Moby Dick Drive. Also included: 3 Tortola Lane, 70 Cresthaven Drive, 38 Cresthaven Drive, 34 Nottingham Lane, 115 Nottingham Lane, 91 Nottingham Lane, 8 Willow Way, 6 Mulberry Lane, 4 Hemlock Lane, 76 Quarterstaff Place, 1300 Ocean Parkway, 32 Robin Hood Trail, 805 Ocean Parkway, 131 Watertown Road, 16 Watertown Lane, 5 Hingham Lane, 43 Wood Duck Drive, 11 Mist Flower Road, and 101 Mumfords Landing Road.

Tasked with investigating newspaper driveway delivery in Ocean Pines by OPA President Colette Horn, the Environment and Natural Assets Advisory Committee has decided to make no recommendation to the Board of Directors on possible curbs to the practice, which has been a tradition in Ocean Pines for decades. Members of the committee called newspaper publishers who deliver to community driveways to gain a better understanding of practices, and after that investigation the panel decided that there is no real issue with the practice and that publishers generally control it so it doesn’t become an environmental issue. Committee chair Sharon Santacroce told the Progress the committee was tasked with the investitation out of complaints that the plastic bags that wrap newspapers thrown in the driveways end up in ditches and eventually can end up in the bay. They concluded that there is no evidence that this occurs, noting that neighbors and the newspapers control distrribution so that newspaper build-up on driveways doesn’t occur. As a result, the committee will be making no recommendations to he board on possible curbs or reforms in the practice. “A lot of people look forward to getting their newspapers in the driveways,” she said. “It’s very convenient for many.” Local newspapers also allow residents who don’t want newspapers in their driveways to opt out, she said. In one case, the Courier, distribution is by subscription only.

Larry Perrone declines detailed exit interview

At times he’s been controversial during his three-year on the Board of Directors. He’s been blamed for driving Colby Phillips out of Ocean Pines To Page 30

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Electronic voting From Page 28 and for prompting the resignation, short-lived though it was, of OPA General Manager John Viola. Given an opportunity to give his side to these and other controversies, outgoing director Larry Perrone declined. Instead he engaged in a brief telephone interview, in which he referred to these episodes as “normal stuff” that happens. He regards his three-years on the board as successful, delivering on his objectives when he first became

a directors. He cited the creation of a New Capital Reserve Fund, a massive turnaround in OPA finances, and improvements in infrastructure as reasons for why he believes his three years were successful. Perrone was eligible to run for a second three-year term, but opted not to.

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of Directors’s July 25 meeting. OPA President Colette Horn, on behalf of the By-laws and Resolutions Advisory Committee, said the panel had reviewed M-04 as part of its routine review of all the resolutions periodically. “The authority of the OPA [to cut grass and weeds on property, billing property owners for the cost] to engage in this action is in the DRs [Declarations of Restrictions],” Horn told the board as background. “The committee believes no update to this resolution is needed unless there is a change in the DRs on this subject.” None is on the table, so Horn proposed that the Board advise the committee that the “resolution will may be considered reviewed” with no additional action needed. Other directors agreed.

August 2022 Ocean Pines PROGRESS 31

Children’s activities, live music, cooking demos coming to Farmers & Artisans Market

long with more than 100 vendors each week, the Ocean Pines Farmers & Artisans Market will host several fun and interactive events during August. Those include a trio of programs geared toward children, a model horse show and competition, live music, and a cooking demonstration with a decorated professional angler. On Aug. 27, starting at 9 a.m., the Marketplace Model Horse Show will return. Model horse showing is a hobby

built around the collection of scale model horses, with a focus of honoring horse show industry standards, as well as the artistic merit of the plastic miniatures. The event will be juried by Ingrid Parker, a professional horse show judge who officiates similar events across the Mid-Atlantic region. Parker will award ribbons for first through sixth place, with the champion earning a scrumptious baked good from a market bakery. The shows are open to children

Advisory committee members approved

The Board of Directors at its July 27 monthly meeting approved a number of appointments to advisory committees. Among the appointments are R. Lewis Furman, first term, aquatics; Harold (Dick) Keiling, third term, budget and finance; Carrie Morrison, first term, cmmunications; Patricia Seidl, second term, communications; Diana Snyder, second term, communications; Patricia Gamby, first term, environment and natural assets; Cathryn Noble, first term, racquet sports; and William Barnard, chair, recreation and parks.

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and adults of all ages. Registration for each show is $5 per participant. Participants must bring their own table and table covering to present on. On Aug. 13 at 9 a.m., children’s entertainer Kristen Coleman will be dressed as “Lily the Fairy” and will host games and activities at the Kids Market Zone. Coleman works with Shore Fun Parties, a party planning and entertainment service that serves the lower Delmarva peninsula. On Aug. 13 and 27, and Sept. 10 and 24 at 9 a.m., “Mr. Jake” will read books to local children. Jake Nail is a youth services specialist with the Ocean Pines Library. Parents and grandparents are encouraged to bring their children and a blanket to sit on while listening to a series of fun stories. Nail studied theatre performance and creative arts, focusing on special education, at Salisbury University. He has performed on stage since the age of 6. For some toe-tapping fun, shoppers can also enjoy the music of singer/guitarist Sarah Campbell when she takes the market stage at 9 a.m. on Aug. 13 and 20. A favorite of market shoppers, Campbell plays traditional country and bluegrass sounds and appears at the market regularly throughout the year. On Aug. 27 at 9 a.m., local waterman Jay C. Wimbrow II will host “From Hook to Table,” a fish-baiting workshop and cooking demonstration. Wimbrow has been a professional angler for the last decade. “I enjoy introducing kids and adults to the great sport of bass fishing, including baiting hooks, knot tying, lure selection, rod and reel selection, fishing tactics and conservation practices,” Wimbrow said. Wimbrow will begin his workshop by teaching market goers how to successfully bait a fishing hook. He will demonstrate how to clean, scale, debone and fillet a fish, and then will prepare a dish with the cleaned and prepared fish using fresh ingredients gathered from the marketplace. A free copy of his recipes will be available to all who attend. The Ocean Pines Farmers & Artisans Market is open Saturdays from 8 a.m. to 1 p.m. in White Horse Park.

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32 Ocean Pines PROGRESS August 2022

Viola pushing ahead to complete revised strategic plan for OPA

Creates management group headed by Linda Martin to oversee the process By TOM STAUSS Publisher July 25 post on the Ocean Pines Association Website by General Manager John Viola suggests that he and his management team would be taking a lead role, with the assistance of the Strategic Planning Advisory Committee, in completing a revised Strategic Plan for the OPA. Viola in a July 26 reply to a Progress inquiry made it more explicit: He and his staff would be writing the document, with an assist from the committee. “We will be meeting with [committee] representatives over the next several weeks. with the implementation of their recommendations, and our approach, initiative and objectives,” Viola said in his July 25 post. The somewhat cryptic language implied that

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He called it “fluid” -- that is, revised regularly, and “will be formalized [written] with the committee Linda Martin input and/or confirmation of our approach over that period and the future.” Viola described a strategic plan as a “roadmap” that would help the OPA “get us to where we want to be.” He said it would spell out goals, strategies, and actions, with milestones that are measured and tracked. “Doing so helps us know how we’re doing and where we need to go,” he concluded. A source told the Progress that some Board members were feeling that the process of producing a strategic plan was lagging somewhat, and they wanted Viola and his team to forge ahead and get it done, preferably by the end of his year. A completed plan has been one of the metrics that Boards have used to measure Viola’s job performance, and the general manager is said to want to get the job done, and soon.

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Anglers Clubs hosts annual Art Hansen youth fishing contest

he Ocean Pines Anglers Club hosted youth in three age categories from 4-16 along with parents and grandparents at the annual Art Hansen Memorial Youth Fishing Contest on Saturday, July 16, at the South Pond in Ocean Pines. There were 77 youth registered, and 120 fish were caught by the group. Trophies were awarded for largest fish in each age category along with prizes for second and third place. Additional awards were given for the most fish, and two grand prize drawings for a Mike Vitak cus- Top left, left to right, 4-7 age group, Maya Jamieson, largtom rod and a deep sea fishing trip aboard the Anest fish, 6.75-inch blue gill, and Zoe Duncan, most fish. gler. All participants received a prize. Top right, left to right, 8-11 age group, August Rarrick, Assisting the Anglers Club were the Ocean City/ largest fish, 26.75-inch carp, and Lincoln Towers, most fish. Right, left to right, 12-16 age group, Jack Falcon, largest Berlin Optimist Club and the Ocean Pines Parks fish, 18.5-inch bass, and Chandler Mueller, most fish and Recreation Department. Winners in the 4-7 age group were Maya JamieClub publicist Jack Barnes told a local weekly son for largest fish and Zoe Duncan for most fish. that the club will do a better job next year of cleanWinners in the 8-11 age group were August Rarrick ing up after the event, as discarded lures ensnared for largest fish and Lincoln Towers for most fish. local wildfowl to the dismay of the Ocean Pines AsWinners in the 12-16 age group were Jack Falcon sociation’s Environmental and Natural Assets Advifor largest fish and Chandler Mueller for most fish. sory Committee. Prize drawing winners were Kenzie Stopper, who While some committee members reportedly favor won a Vitak custom rod, and Owen Jamison, who doing away the fishing contest, that would require a won a Angler charter fishing fishing certificate. vote of the OPA Board of Directors.

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WORCESTER COUNTY

Fourth sports complex opponent to join three others on commission

August 2022 Ocean Pines PROGRESS 35

District 3 victor Eric Fiori during the primary camapign critiqued majority’s position By ROTA L. KNOTT Contributing Writer trio of sitting Worcester County Commissioners who have opposed the county’s rapid movement forward on plans for a proposed sports complex outside of Berlin may be joined on the governing body by a fourth member who has questioned the need for the project. Commissioner-elect Eric Fiori, who replaces outgoing Commissioner Bud Church in the West Ocean City District 3, made extensive comments posted on his Website during the primary election campaign about the sports complex project indicating he wants the county to slow down. Fiori will join the commission in January, when Church’s term expires. How far the project can progress with the current slate of seven commissioners remains to be seen, especially since the funding mechanism has been petitioned to referendum and will be on the ballot in the November general election. Frequently on the losing side of 4-3 votes in favor of pushing ahead with the process of siting and funding a sports complex, Ocean Pines Commissioners Chip Bertino and Jim Bunting along with Commissioner Ted Elder have maintained their opposition to including the project in the county’s five-year capital improvement plan and pursuing a site for the costly effort, estimated at more than $15 million. Church and Commissioner President Joe Mitrecic have been proponents of the project, working behind the scenes to move the effort forward on behalf of largely Ocean City-based supporters, backed by Commissioners Diana Purnell and Josh Nordstrom. But that voting block may shift with the addition of Fiori to the commissioners’ dais. Fiori handily defeated his challengers in the Republican primary last month and has no Democratic challenger in the general election. Bertino, Bunting, and Elder also secured their seats for another term by defeating Republican challengers in the primaries last month, and

have no competition in the general election, as did Mitrecic in his Ocean City district and Purnell in her Berlin-based district. Only Nordstrom, a Democrat in the Pocomoke City district, faces a challenger in the general election. In December a majority of commissioners forced the CIP through the approvals process with the sports complex included despite objections from Bertino, Bunting, and Elder. The CIP provides a framework for the county’s capital spending for the next five years, 2023-2027, and includes a total of more than $201 million in funding for projects. Falling in line with Bertino, Bunting, and Elder, during the primary campaign, Fiori maintained that there are a still a lot of unanswered questions about the sports complex proposal. He called for a slowdown and more extensive look at the benefits of the project and requirements, including the proposal to site in near Stephen Decatur Middle School. Meanwhile, the People for Fiscal Responsibility Committee in early July announced that its county-wide petition drive was successful. A total of 5,093 valid signatures

were accepted, which is 599 more than the required number. As a result of the petitioners’ efforts, all registered voters in Worcester County will be given the opportunity to vote on Bill 22-8 related to the funding of the Sports Complex project. The referendum will be part of the General Election ballot in November. “We would like to thank the more than seventy volunteers throughout the entire county who worked hard to help us gather the required signatures. We also wish to thank the Worcester County voters who sup-

Clockwise, left to right: Chip Bertino, Jim Bunting, and Eric Fiori. ported our efforts by signing the petition,” said committee spokesman Slobodan Trendic of Ocean Pines.

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Ocean Pines PROGRESS August 2022

OPA continues winning ways with June operating surplus

OPA FINANCIALS

month. The Yacht Club was the amenity operational leader for the month, with net income of $112,982. Golf followed with $73,987 in net income, with beach parking next at $63,645. Aquatics generated $35,216 in net income, followed by marinas ($18,380), the Clubhoue Grille Positive variance to budget is $43,386, for the year so far $414,732 ($14,996), pickleball ($6,484), and platform tenBy TOM STAUSS According to a financial report by Controller/ nis ($3,759). Publisher Director of Finance Steve Phillips, the June posTennis recorded a loss in June of $11,135. fter starting out the new fiscal year in itive variance to budget resulted from revenues Relative to budget, golf operations led the ameMay with a $371,347 positive operating over budget by $52,003 and expenses over budget nities in June with a $60,655 positive variance, fund variance, the Ocean Pines Associa- by $8,617. followed by the Yacht Club with a $22,535 position followed suit in June with an operating fund For June, all amenity departments except ten- tive variance and the Beach Club with a $11,170 surplus of $43,386. nis were in the black. Compared to budget, all positive variance. That brings the year-through-June operating amenity departments except for tennis, beach Other amenity departments with favorable fund surplus to $414,732. parking and aquatics exceeded their goals for the varinances to budget included the Clubhouse Grille ($5,930), pickleball ($5,684), OCEAN PINES ASSOCIATION platform tennis ($4,963), and mariNET OPERATING BY DEPARTMENT Ocean Pines Association - NetJUNE operating by Department - June 2022 2022 nas ($4,767). Amenities with unfavorable MONTH MONTH YTD YTD YTD variances to budget in June were ACT BUD $ VAR ACT BUD $ VAR LAST YEAR aquatics (-$25,689), tennis (-$9,428) and beach parking ($8,270). GENERAL ADMIN (24,128) (9,616) (14,512) 5,931,718 5,931,037 682 6,080,136 MANAGER'S OFFICE (15,784) (23,483) 7,700 (31,130) (46,967) 15,837 (42,505) For 2022-23 fiscal year so far, FINANCE (65,671) (64,806) (865) (118,131) (129,612) 11,481 (116,436) which includes the months of May PUBLIC RELATIONS (28,343) (21,639) (6,704) (42,555) (39,316) (3,240) (15,873) and June, all the amenities have recorded operating surpluses, and COMPLIANCE / PERMITS (3,531) (2,049) (1,482) (7,457) (4,468) (2,989) 4,962 GENERAL MAINT (51,623) (59,791) 8,168 (96,018) (120,146) 24,128 (88,375) all but tennis are ahead of budget. PUBLIC WORKS (133,699) (143,293) 9,594 (239,420) (279,336) 39,916 (214,514) Beach parking is the leader in net earnings, with a $421,823 surFIRE / EMS (88,669) (88,669) (177,337) (177,337) (124,158) plus, followed by golf operations POLICE (157,937) (153,283) (4,654) (301,813) (306,566) 4,753 (260,134) with a net of $377,051, aquatics RECREATION / PARKS (50,781) (24,605) (26,176) (63,030) (36,635) (26,395) (28,070) with a net of $266,167, and mariTENNIS (11,135) (1,707) (9,428) 15,094 15,526 (432) 19,176 nas with a net of $225,987. PICKLEBALL 6,484 799 5,684 58,233 36,139 22,094 37,442 The Yacht Club for the year so far PLATFORM TENNIS 3,759 (1,203) 4,963 14,025 6,283 7,743 6,980 has an operating net of $149,370, AQUATICS 35,216 60,905 (25,689) 266,167 191,958 74,208 187,431 with the heart of the summer season not yet appearing in a financial GOLF OPS + MAINT 73,987 13,333 60,655 377,051 247,116 129,935 303,805 statement. Pickleball is surging CLUBHOUSE GRILLE 14,996 9,066 5,930 28,792 24,894 3,898 27,314 with $58,233 in net earnings, folBEACH CLUB 39,916 28,746 11,170 48,485 11,197 37,288 28,242 lowed by the Beach Club with net BEACH PARKING 63,645 71,915 (8,270) 421,823 409,968 11,855 381,840 earnings of $48,485, the Clubhouse Grill ($28,792), tennis ($15,094) YACHT CLUB 112,992 90,456 22,535 149,370 88,439 60,931 175,792 and platform tennis ($14,025). MARINAS 18,380 13,613 4,767 225,087 222,047 3,040 222,801 Compared to budget so far in NET OPERATING (261,925) (305,311) 43,386 6,458,954 6,044,222 414,732 6,585,856 the fiscal year, golf operations are in the lead with a positive variance Source: OPA Controller/Director of Finance Steve Phillips of $129,935, followed by aquatics ($74,208), the Yacht Club ($60,931), RESERVE SUMMARY the Beach Club ($37,288), pickPERIOD ENDED 6/30/2022 7/20/2022 leball ($22.094), beach parking UNAUDITED ($11,855), platform tennis ($7,743), BULKHEADS NEW the Clubhouse Grille ($3,898), and REPLACEMENT WATERWAYS ROADS DRAINAGE CAPITAL TOTAL marinas ($3.040). BALANCE APRIL 30, 2022 4,769,395 533,736 4,666 687,014 150,090 6,144,901 Behind budget through the end of June is tennis, with a $432 negaTRANSFERS FROM OPERATING FUND: tive variance. CONTRIBUTIONS FROM ASSESSMENTS 1,710,166 1,053,850 0 0 2,764,016 Reserve summary -- The June TRANSFER FROM PRIOR YEARS' SURPLUS 350,000 60,000 410,000 30 reserve summary indicates total reserves of $9.385 million, down INTEREST INCOME (EXPENSE) 15,133 1,924 15 2,166 631 19,868 from $9.624 million at the end of RESTRICTED CONTRIBUTIONS: May. TRANSFER OF CASINO FUNDS 350,000 100,000 450,000 The replacement reserve balance TRANSFERS TO OPERATING FUND: as of June 30 was $6.325 million, OPERATING EXPENSES (176,080) (176,080) with bulkheads and waterways at CAPITAL ADDITIONS (169,960) 0 0 (57,971) (227,931) $1.423 million, roads at $704,781, drainage at $789,180, and new capBALANCE JUNE 30, 2022 6,324,734 1,413,430 704,681 789,180 152,750 9,384,774 ital at $152,750.

August 2022 Ocean Pines PROGRESS 37

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38 Ocean Pines PROGRESS August 2022

OPA FINANCIALS

Audit reduces operating surplus to $1,913,000 Operating fund balance increases to $3,108,000 By TOM STAUSS Publisher he just released audit report for 2021-22 indicates that the Ocean Pines Association produced a $1,912,712 operating surplus for the year, down about $70,000 from the $1,982,745 in the unofficial year-end results as reported in the April financial statement. The $70,000 reduction was a technical adjustment, according to OPA General Manager John Viola, related to a prepaid liability insurance. “Not an uncommon adjustment,” he said.

Source: 2021-22 OPA audited financial report

The operating fund surplus resulted from total revenues of $17,984.02, cost of sales of $2,393,526, and expenses of $15,061, for an excess of revenues over expenses before other changes of $530,584, according to Exhibit B in the report. Other changes included a negative $41,397 in fixed asset additions, a positive $2,163,929 in depreciation expense, $12,150 in proceeds from sales of property and equipment, a negative $350,000 in a transfer of casino funds to the drainage reserve, and a negative $402,554 in a transfer of grant funds to the drainage reserve.

If the $1,912,712 operating fund surplus is a record, and there’s no doubt that it is, any even more amazing number is the operating fund balance as of April 30 of this year. It stands at $3,107,703, by far and away the most that has ever been allocated to this fund in the history of Ocean Pines. It includes operating fund surpluses in both 2020-21 and 2021-22. Details of the audit report will be provided during the annual meeting of Ocean Pines property owners on Saturday, Aug. 13.

August 2022 Ocean Pines PROGRESS 39 July 7, 2022

Menu Guide

Page 4

SEAFOOD PASTA • STEAK D i n e i n & C a r r y ou t

For Full Menu Go To abisdinermd.com

FULL BREAKFAST MENU to View abisdinermd.com

Breakf ast Served All Day

Appetizers WINGS Hot, Mild, BBQ or Naked with blue cheese or ranch dressing 10 PIECE $13.99 20 PIECE $24.99 FRIED SEAFOOD MIX 1 pc. fish chip, clam strips, 3 butterfly shrimp with cocktail sauce $13.99 CHICKEN TENDERS (5) $9.99 MOZZARELLA STICKS (6) with side marinara sauce $8.99 ONION RINGS $6.99 JALAPENO POPPERS (7) with Ranch $8.99

STUFFED MUSHROOMS (3) with Crabmeat Stuffing $16.99 CHEESESTEAK FRIES French fries, steak, cheddar and mozzarella cheese $9.99 MEGA FRIES French fries, bacon, cheddar cheese $9.99 CHEESE FRIES with cheddar cheese sauce $7.99 BUTTERFLY SHRIMP (5) $10.99 STEAMED SHRIMP (25) 1 lb. $20.99 ½ lb. $13.99

Fresh Salads

SIDE SALAD ..........................................................................................................................................................................$7.99 GARDEN SALAD Iceberg, croutons, tomato, cucumber, onions, green peppers, egg & cheese blend ..........................................$7.99 CHEF SALAD Turkey, ham, swiss cheese, iceberg, green peppers, croutons, tomato, cucumber, onions, egg, green peppers & cheese blend $12.99 ANTIPASTO SALAD with Ham, salami, capicola, provolone cheese, iceberg, tomato, green pepper, red onion and cucumber with hard boiled egg $12.99 CAESAR SALAD Romaine, croutons, cheese blend & tomato.................................................................................................. $7.99 COBB SALAD Romaine, tomato, pecan, onions, bacon, hard boiled egg & bleu cheese crumbles ..............................................$10.99 SPINACH SALAD Spinach, mushroom, pecan, red onions & feta cheese ................................................................................$10.99 CHICKEN OR TUNA SALAD Iceberg, green peppersm red onions, tomato, shredded cheddar cheese, cucumber, croutons & hard boiled egg $11.99 STUFFED TOMATO chicken or tuna salad, greens and garnish ..............................................................................................$12.99 GRILLED SEAFOOD SALAD Shrimp and scallops over iceberg, green peppersm red onions, cucumbers, tomato and cheddar cheese ..$14.99 GREEK SALAD Romaine, feta cheese, tomato, cucumber, onions, green peppers & egg ............................................................$8.99 TURKEY & BACON SALAD ..............................................................................................................................................$12.99 MONTREAL STEAK SALAD Steak, iceberg, tomato, onion, cucumber, hard boiled egg ........................................................$14.99 ABI’S SALAD Ham, turkey, roast beef, bacon, provolone cheese....................................................................................................$12.99 COLD SALAD PLATTER Chicken or tuna salad with potato salad, cole slaw over mixed greens and garnish ........................$12.99 ADD THE FOLLOWING: Grilled or Chispy Chicken $4.99 Grilled Shrimp $5.99 Grilled Scallops $5.99 Lamp Gyro Meat $4.99 CHOICE OF DRESSINGS: Ranch, Bleu Cheese, Caesar, Greek, French, 1000 Island, Honey Mustard, Creamy Italian, Raspberry Vinaigrette, Oil & Vinegar, Extra dressing 50¢

Wraps

Served w/fries, soup or salad or chips on a tortilla wrap

SEAFOOD WRAP with Shrimp & Scallops, lettuce, tomato & tarter sauce $13.99

Served w/soup or salad or fries or chips

REUBEN MELT Corned beef, sauerkraut, Russian dressing & Swiss cheese on grilled rye TUNA MELT Tuna salad, tomato & Swiss on grilled rye CHICKEN CORDON BLEU Grilled chicken breast, ham & swiss on a hamburger roll ROAST BEEF MELT Roast beef, cole slaw, thousand island & Swiss cheese on grilled rye

$12.99

ITALIAN Ham, capicola, genoa salami, lettuce, tomato, onion, provolone cheese & Italian dressing TURKEY BLT Turkey, bacon, lettuce, tomato & mayo CHICKEN SALAD Chicken salad, lettuce, tomato & mayo TUNA SALAD Tuna salad, lettuce, tomato & mayo SHRIMP SALAD Lettuce & tomato

Melts

$12.99

TURKEY MELT Turkey, cole slaw, thousand island & Swiss cheese on grilled rye PATTY MELT Hamburger, mushroom, onion & Swiss cheese on grilled rye FRENCH DIP Tender roast beef on garlic bread with Swiss cheese & side cup of au jus MONTE CRISTO Ham, turkey, provolone on french toast

Cold Subs

Served on a 12” Sub Roll w/soup or salad or fries or chips. Add cheese $1.00 Add toppings 25 cents

ROAST BEEF Roast beef, lettuce, tomato & mayo HAM & CHEESE Ham, American cheese, tomato, mayo CHEF’S COLD CUT Ham, turkey, yellow American cheese, lettuce, tomato & mayo DELI LAND CUT Roast beef, turkey, lettuce, tomato, mayo & provolone TURKEY SUB Turkey, lettuce, tomato & mayo

$12.99

ITALIAN COLD CUT Ham, capicola, genoa salami, provolone cheese, lettuce, tomato & onion CHICKEN SALAD lettuce & tomato TUNA SALAD lettuce & tomato SHRIMP SALAD lettuce & tomato VEGGIE SUB Lettuce, tomato, onions, sweet peppers, olives & Swiss cheese

Hand Crafted ½ lb. Fresh Burgers

Served on Kaiser Roll with lettuce, tomato, mayo. Served with soup or salad or fries or chips. Add cheese $1.00 Add toppings 25 cents

HAMBURGER Lettuce & tomato ............................................................................................................................................$9.99 CHEESEBURGER Yellow American cheese, lettuce & tomato ..............................................................................................$10.99 BACON CHEESEBURGER Bacon, yellow American cheese, lettuce & tomato ......................................................................$11.99 DOUBLE CHEESEBURGER Yellow American cheese, lettuce & tomato ..............................................................................$15.99 REUBEN BURGER Sauerkraut, Russian dressing & Swiss cheese ..........................................................................................$12.99 PIZZA BURGER Marainara sauce and mozzarella cheese ......................................................................................................$12.99 DELUXE CHEESE BURGER Sauteéd mushrooms, onions, green peppers, bacon and swiss cheese ........................................$10.99 CHESAPEAKE BURGER Broiled crabcake and cheddar cheese ..........................................................................................$15.99 ALPINE BURGER Sauteed onions, mushrooms & provolone cheese ......................................................................................$12.99 TEXAS BURGER Sauteed onions, mushrooms, BBQ sauce, bacon and shredded cheddar cheese ............................................$12.99

Italian Platters

ADDITIONS: Sauteéd Mushrooms $1.99 • Meatsauce, Meatball or Hot Italian Sausage $4.99

Dinner Entrees

Served with w/soup or salad and choice of 2 sides FRESH 4PC FRIED CHICKEN Breast, thigh, wing & leg .$14.99 STUFFED CHICKEN BREAST Stuffed with homemade crab stuffing & covered in Alfredo sauce . . . . . . . . . . . . . . . . . . .$22.99 MEATLOAF Swith brown gravy . . . . . . . . . . . . . . . . . . . .$16.99 HOT ROAST BEEF with brown gravy . . . . . . . . . . . . . . .$15.99 HOT FRESH ROASTED TURKEY with turkey gravy . .$15.99 STUFFED PORK CHOPS (2pc) with bread stuffing & turkey gravy $16.99

Served with soup or salad or fries or chips. White, Wheat All baskets served with French fries, Soup or Salad or Rye Bread & lettuce, tomato, mayo. Add cheese $1.00 FRIED CHICKEN BASKET breast, thigh, wing and leg

$12.99

CLAM STRIP BASKET FRIED SHRIMP BASKET CHICKEN TENDER BASKET FISH & CHIP BASKET (Pollock)

Kids’ Menu

FRESH ROASTED TURKEY with bread stuffing and turkey gravy . .$15.99 COUNTRY FRIED STEAK with brown or white gravy .$17.99 VEAL CUTLET with marainara sauce or chicken gravy . .$17.99 CHICKEN CUTLET with marainara sauce or chicken gravy .$15.99 LIVER WITH ONIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .$16.99 TEXAS CHICKEN BREAST (3) BBQ sauce, crispy bacon & cheddar cheese . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$18.99

Steaks And Chops

All Steaks and Chops are Charbroiled & Served with soup or salad & choice of 2 sides

HAMBURGER STEAK (12oz) w/ fried onions &brown gravy ................................................................................................$15.99 PRIME RIB (12oz) w/Au jus ....................................................................................................................................................$26.99 BROILED OR FRIED CHOPS (2) ......................................................................................................................................$15.99 HAM STEAK w/pineapple rings ............................................................................................................................................$15.99 8OZ. NEW YORK STRIP ....................................................................................................................................................$16.99 BBQ COMBO Hamburger steak, chicken & pork chop ............................................................................................................$28.99

Chicken Sautees

All Sautees come with Soup or Salad and Garlic Bread

CHICKEN ALFREDO served over linguini ............................................................................................................................$16.99 CHICKEN ALA BROCCOLI w/Alfredo Sauce over linguini ..................................................................................................$17.99 CHICKEN MARYLAND w/Crabmeat, lemon butter, garlic wine sauce over linguini ................................................................$20.99 CHICKEN FLORENTINE w/ Spinach, Feta Cheese, Lemon butter garlic wine sauce over linguini ..........................................$17.99 CHICKEN MARSALA with Sautéed mushrooms & marsala wine sauce over linguini ..............................................................$16.99 CHICKEN SCAMPI w/Lemon butter garlic wine sauce over linguini ......................................................................................$16.99 CHICKEN STIR FRY w/Fresh Vegetables & stir fry sauce over rice ........................................................................................$16.99 CHICKEN TERIYAKI w/Sweet pepper ..................................................................................................................................$16.99 CHICKEN FRANÇOISE dipped in egg, sautéed w/white wine lemon butter garlic sauce over linguini ....................................$18.99 CHICKEN MARINARA w/Marinara sauce over linguini ........................................................................................................$16.99 ABI’S CHICKEN w/Tomato cream sauce &cherry tomatoes over ziti......................................................................................$18.99 ADDITIONS: Shrimp $5.99 • Scallops $5.99 • Chicken $5.99

Seafood Sautees

Served with soup or salad & garlic bread. Choice of Linguine, Ziti, Spaghetti or Rice. Add Chicken $4.99

SEAFOOD PARADISE w/Shrimp, scallops & crabmeat in Alfredo sauce over ziti ....................................................................$21.99 ABI’S SEAFOOD w/Shrimp, scallops, cherry tomatoes in tomato cream sauce over ziti ..........................................................$22.99 SEAFOOD ALFREDO w/ Shrimp & scallops over linguini ......................................................................................................$20.99 SEAFOOD FRA DIAVOLO w/Shrimp, scallops, cherry tomatoes cooked in spicy sauce over linguini ......................................$20.99 SHRIMP OR SCALLOPS ALFREDO w/Alfredo sauce over linguini ....................................................................................$20.99 SHRIMP OR SCALLOPS STIR FRY w/Fresh vegetables & stir fry sauce over rice ................................................................$20.99 SHRIMP OR SCALLOP MARSALA w/ Sautéed mushrooms cooked in Marsala wine sauce over linguini ..............................$20.99 SHRIMP OR SCALLOP TERIYAKI w/Sweet peppers, onions, mushrooms, teriyaki sauce over rice ......................................$20.99 SEAFOOD MARINARA w/Shrimp &scallops cooked in marinara sauce ................................................................................$21.99 FLOUNDER FRANÇOISE Dipped in egg, sautéed with white wine lemon butter garlic sauce over linguini ............................$20.99 SHRIMP OR SCALLOP SCAMPI w/white wine lemon butter garlic sauce over linguini ......................................................$20.99 SEAFOOD SCAMPI w/ Shrimp & Scallops cooked in white wine lemon butter garlic sauce over linguini ................................$21.99 SEAFOOD ITALIANO Shrimp, scallops, crabmeat, spinach, roasted red peppers & onions in lemon butter garlic white wine sauce ..$22.99

Seafood

Served with w/cup of soup or salad, Choice of 2 Sides & Cocktail or Tartar Sauce

Baskets

CHEF’S CLUB Turkey, ham & yellow American cheese CHEESEBURGER CLUB GRILLED CHICKEN CLUB CHEESE STEAK CLUB TURKEY CLUB ROAST BEEF CLUB HAM CLUB DELI LAND CLUB Roast beef, turkey & provolone THREE MEAT CLUB Roast beef, turkey, ham CHICKEN SALAD CLUB TUNA SALAD CLUB BLT CLUB

EGGPLANT PARMESAN Breaded eggplant, marinara sauce & pizza cheese STEAK PARMESAN Steak, marinara sauce & pizza cheese SHRIMP PARMESAN Breaded butterfly shrimp, marinara sauce & pizza cheese FRIED FLOUNDER Fried flounder lettuce & tomato

CHICKEN PARMESAN Marinara, mozzarella cheese and spaghetti ........................................................................................$17.99 VEAL PARMESAN Marinara, mozzarella cheese and spaghetti ..............................................................................................$19.99 EGGPLANT PARMESAN Marinara, mozzarella cheese and spaghetti ..................................................................................$16.99 SHRIMP PARMESAN Marinara, mozzarella cheese and spaghetti ..........................................................................................$20.99 BAKED ZITI Marinara & mozzarella cheese ..........................................................................................................................$13.99 SPAGHETTI WITH MARINARA ......................................................................................................................................$10.99 STUFFED SHELLS PARMESAN Marinara & mozzarella cheese ..........................................................................................$14.99 MANICOTTI PARMESAN Marinara & mozzarella cheese ....................................................................................................$14.99 CHEESE RAVIOLI Marinara & mozzarella cheese ..................................................................................................................$15.99 HOMEMADE MEAT LASAGNA ........................................................................................................................................$16.99 SAUSAGE PEPPER PARMESAN Hot italian sausage, sweet peppers, marinara, spaghetti mozzarella cheese ..........................$20.99 ITALIAN PASTA COMBO cheese ravioli, stuffed shells, manicotti & meatball ......................................................................$20.99

ABI’S CHEESE BURGER Sauteéd onions, mushrooms, sweet peppers & provolone cheese ....................................................$8.99

Clubs

$12.99

Come with garlic bread and salad or soup

CUP $3.99 • BOWL $4.99 ($1 up charge for Chili Beef Soup QUART $15.99)

CRAB MELT Fried crab cake, tomato & swiss cheese on English muffin $14.99

CHEESEBURGER SUB Burger & yellow American cheese ITALIAN SAUSAGE Hot Italian sausage, green pepper, onions, marinara sauce & pizza cheese MEATBALL PARMESAN Meatball, marinara & pizza cheese CHICKEN PARMESAN Breaded chicken, marinara sauce & pizza cheese

ABI’S APPETIZER COMBO 2pc Chicken tenders, 2pc mozzarella sticks, 3 pc broccoli bites, onion rings, french fries $13.99

Homemade Soups

CHEESE STEAK Steak, American cheese lettuce, tomato, mayo CHICKEN CHEESE STEAK Grilled chicken yellow American cheese, lettuce, tomato & mayo CHICKEN CAESAR Grilled chicken, pizza cheese, romaine lettuce & Caesar dressing VEGGIE Onion, mushrooms, green peppers, lettuce, black olives, tomato, spinach CHEESEBURGER Yellow American cheese, lettuce and tomato REUBEN Corned beef, sauerkraut, 1000 island and Swiss cheese

Hot Subs

Served on 12” Sub Roll w/cup soup or salad or fries or chips. Additional toppings 25 cents

$13.99

For children 12 and under with small soda, milk or juice (No refills)

$8.99

MICKEY MOUSE Grilled cheese sandwich with fries BARNYARD BURGER Hamburger or cheeseburger with fries DIEGO’S SPAGHETTI Served with meatballs SPONGEBOB Chicken tenders (3) with fries ELMO’S SPECIAL Mozzarella sticks (3) with fries DORA DOG Hot Dog w/Fries

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40 Ocean Pines PROGRESS August 2022

OPINION

COMMENTARY A strong start to Southside firehouse project

ctions at the July 27 Board of Directors meeting suggest that Ocean Pines Association members can be confident that the process for building a new Southside firehouse is being built on a strong foundation. The OPA Board often takes flak for unnecessarily embroiling itself in drama and discord, with directors taking positions on political and legal matters that do not do them credit. The Trendic, Farr and most recently the Janasek litigation are examples of that. Whatever OPA members may think of these episodes in less than stellar judgment, the directors exhibited exemplary judgment and unannimity in their approach to the Southside firehouse. OPA General Manager is on board with the strategy taking place, and it appears that it will be a team effort, the OPA working closely with the Ocean Pines Volunteer Fire Department, to bring a first class replacement facility to the Southside. There won’t be a rush to a referendum on a new firehouse, and that’s as it should be. First the OPA and the OPVFD need to come up with a solid estimate on the likely cost of a new facility. Then there needs to be a community fund-raising drive to collect as much voluntary contributions for this project as can be achieved, and it might involve multi-year pledges of support from well-heeled entities in the area. Motions to make these goals happen were passed unanmously during the meeting on July 27. The cost estimate will be achieved by the same controlling mechanism that was in place for the golf clubhouse project, which asked for bids from area contractors on a “may not exceed” or “contractor at risk” principle, with tight limits on inevitable change orders. Once there is a good cost estimate for the building, or perhaps even before then, a professional fund-raising campaign can begin. If it turns out that there’s a shortball between what is collected or pledged in fund-raising and the “not to exceed” cost of a new building, then the Board is prepared to do a referendum on the shortfall. The amended 2013 Memo of Understanding between the OPA and OPVFD contemplates that the entire cost of renovating or building anew would be funded from a community fund-raising effort, but there is at least a chance if not a probability of a shortfall. If so, the Board seems prepared to step up, or more acccurately is prepared to ask OPA members through their annual assessments to help finance a new Southside station. That effort will be far more likely to succeed after a robust campaign to raise funds through voluntary giving. The proposed exterior design and floor plan

of the new building unveiled during a recent townhall seems to going over well so far, without second-guessing by people who lack expertise in firehouse design and functionality. While the OPVFD’s cost estimate of $8.6 million for a 19,300 square foot building may seem excessive, and needs a through vetting, this does not mean the design is deficient. What’s needed to go to bid is detailed mechanical specifications so that contractors know what they’re bidding on. John Viola, the OPA’s general manager, is ap-

pointing a task force of experts, led by former OPA Director Ted Moroney, who will help produce those needed mechanicals. The OPVFD earlier in the year had suggested a referendum perhaps as soon as this fall on this project, but that was overly ambitious. The OPA Board has it right, and there are indications that OPVFD leaders are on board on the strategy that is emerging. No referendum until the success or limited success of a fund-raising campaign can be quantified. -- Tom Stauss

Proposed amenity rules violate OPA charter

roposed rules of behavior at Ocean Pines Association food and beverage venues came in for some discussion at the Board of Directors July 27 monthy meeting, with a decision postponed, perhaps with some new directors seated who will offer some fresh perspecives. All directors who spoke on the propsect of new rules, including the explicit authority to suspend OPA members who violate them, seem to favor the imposition of suspension penalties on miscreants. Details matter, of course, and directors did struggle with the details on the length of a suspension, whether to use some sort of sliding scale of increased severity on second and third offenses, and the appeal process to be put in place consistent with a new state law that mandates one for HOAs. While the directors correctly decided to postpone consideration of proposed rules until another time, what they need to do before then is to is read the OPA Charter for guidance on whether the Board has the authority to enact a Board resolution and actual rules that could result in an amenity suspension. Checking in with OPA attorney Jeremy Tucker would be a good idea, and perhaps an ad hoc invitation to Ocean City attorney Bruce Bright, a proven expert on OPA governing documents, could be arranged. If they do take the time to read the charter, which after all is at the pinnacle of OPA governing documents, then directors will reluctantly conclude that unless and until the charter is amended, they cannot do what they would like to do. The charter explicitly says they can’t. The charter in Section 8 says that “no [OPA] member may may be expelled from membership in the Association for any reason whatsoever; provided however that the board of directors will have the right to suspend ... the right to use parks and other recreational facilities and ame-

nities of the Association of any member [who has not paid Association charges or is in violation of OPA covenants].” The charter then says this: “There shall be no other preferences, limitations or restrictions with respect to the relative rights of the members.” Or as Bruce Bright argues in pending litigation involving his client Tom Janasek: “This is an explicit charter provision making clear that a member’s right to use OPA amenities may not be suspended or limited, except for the stated reasons” of non-payment of annual assessments or violation of OPA covenants. OPA covenants do not authorize suspensions for bad behavior at the Yacht Club. Perhaps they should, in which case the directors need to add this provision to the pending proposal on DR changes related to short-term rentals, before they’re sent out to property owners for section-by-section approval. Interestingly, amending the charter to explicitly permit suspensions for bad behavior at the amenities isn’t as easy it might seem. According to OPA Vice-president and Director Frank Daly, Tucker, the OPA counsel, has said that the charter can’t be amended to subtract rights and privileges already given. That would be too easy, one supposes. Adding language to permit suspensions for bad behavior is thereby precluded. It’s unfortunate that Tucker has rendered such an opinion, but that’s the way the legal cookie crumbles. Perhaps the Board can come up with some other penalty for food and beverage miscreants that don’t involve suspensions. At the very least, though, directors must bone up on explicit language in the charter and avoid taking action that will end up in the Courts, with the OPA holding a losing hand because it doesn’t abide by its own governing documents, especially the one that reigns above all the others. -- Tom Stauss

OPINION

August 2022 Ocean Pines PROGRESS 41

Hit-and-run probe: More questions than answers

DeAngelus statements at odds with social media narrative about missing driver and how black Mercedes was ‘discovered’ at his West Ocean City home

he investigation into the tragic hit-and-run that ended the life of 14-year-old Ocean Pines resident Gavin Knupp in late July has yielded little more than toxic and baseless speculation about the driver of the vehicle, who might have aided and abetted his alleged disappearance from the area, and misplaced calls for boycotts of restaurants managed by the Matt Ortt Companies. Investigations of this nature are almost always kept confidential, understandably, but occasionally there might be an appeal by the investigating authorities for assistance in locating a person or persons of interest. This occurred in a limited way after a vehicle that might have been involved in the hit-and-run was located, not through superior investigative work but because Ralph DeAngelus took it upon himself to notify the Maryand State Police that a suspect vehicle was in his possession. DeAngelus is a partner in the Matt Ortt Companies, which manages Ocean Pines restaurant venues for the Ocean Pines Association. He and his company have been pilloried on local social media, by one account generating more than 1,000 negative comments on a site called Eastern Shore Undercover. A statement issued by Matt Ortt vouching for his partner DeAngelus’ integrity failed to dampen the hateful speculation; indeed, it might have intensified it, so invested are some people with a narrative that has already found DeAngelus guilty of aiding and abetting the disappearance of a guilty family member from the area. A press release issued by the state police team asked for assistance in locating the driver, but with no details on who the driver might be, such as name, age, race, physical description, anything at all that might aid the investigators or the public in locating the person or persons of interest. The omissions suggest that the investigators might not really have had a good idea on who the driver might be, or they might have a theory of who it might be but lacked any real evidence to prove it. With the car identified by

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

DeAngelus in a statement to the Progress categorically says that no one associated with the Matt Ort Companies was driving the hit-and-run vehicle on the night Gavin died. As reported in the Cover Story in this edition, DeAngelus says that no one living in his household, including the individual who some have speculated is the missing driver, has left the area -- for Mexico or anywhere else. ... All are going to work as they did prior to the tragedy. DeAngelus having been towed to the Berlin state police barracks for forensic evidence-gathering, by now one might expecr that investigators know if this vehicle is giving up any useful clues. What we do know is that the press release left the distinct impression, picked up and amplified by the local media, that the driver of the vehicle on that fateful night of July 11 is missing, on the lam, or, as some of the most fevered speculation on social media had it, fled the scene for Mexico, with the assistance of DeAngelus. One early report in a local media could have been read as suggesting that DeAngelus as a “person of interest” could have been behind the wheel of the black Mercedes that night. DeAngelus in a statement to the Progress categorically says that no one associated with the MOC was driving the hit-and-run vehicle on the night Gavin died. As reported in the Cover Story in this edition, DeAngelus says that no one living in his household, including the individual who some have speculated is the missing driver, has left the area -- for Mexico or anywhere else. He says that all are going to work as they did prior to the tragedy. DeAngelus makes it clear that, with the able assistance of counsel, he wants to cooperate with investigators. He expresses his sincere condolences to the Knupps for the loss of their beloved son and brother. He is not so shallow as to place

his circumstances or that of his family ahead of the grief in the Knupp household. When asked if anyone in his household had been interviewed by investigators, DeAngelus understandably said he couldn’t comment. To do so, he said, could be construed as interfering in the investigation. It’s clear he feels compelled to counter the false narratives that are circulating on social media, but there’s a line he won’t cross in commenting. He’s waiting like the rest of us for more credible and accurate information, which lamentedly has been sparse to date, with the void filled by the aforementioned vitriol and toxic assignment of guilt without evidence. If the lack of a name or other identifers of a possible suspect in the initial press release is perplexing, so, too, was the impression given that it was investigative skill that located the vehicle that apparently was parked in the garage at DeAngelus West Ocean City home. DeAngelus’ July 28 statement, which has been printed in local papers with little context, says that with the assistance of his attorney the investigators were notified that a suspect car was in his possession, had been preserved as it was on the night of the hit-and-run on advice of counsel, and would be towed to the state police barracks at a time of the investigators’ choosing. DeAngelus says that he has email evidence to prove that this contact with investigators and offer of cooperation had occurred and an agreement reached on delivery of the ve-

hicle. So no doubt it came as a shock and surprise when investigators showed up with a warrant and raided his home, taking the vehicle with them on their departure. Crack investigative sleight-ofhand or deflection, designed to catch persons of interest off guard or somehow tampering with evidence? We’ll never know, but the entire scene suggests that investigators were all too willing to treat a cooperating citizen as a potential adversary. If someone gave his or her word that the vehicle could be brought to the barracks voluntarily, yet days later the vehicle is confiscated in a late-night raid, then this question needs to be asked: Why? Are we so far removed from the days when authorities would give their word and could be counted on to keep it? So as July was cascading into August with no new real information to report, there is no indication that we are any closer to finding justice for Gavin. Justice for Gavin should be the goal, but not at the price of injustice toward DeAngelus and his family, who at the very least deserve the presumption of innocence.

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

42 Ocean Pines PROGRESS August 2022

CAPTAIN’S COVE CURRENTS

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August 2022 Ocean Pines PROGRESS 43

CAPTAIN’S COVE

CURRENTS

CCG Note responds to Birckhead suit Filing calls for documents to prove Cove association ownership of entire length of Captain’s Corridor, rebuts allegations regarding rapid infiltration basins

By TOM STAUSS Pubisher f the plaintiffs in the suit alleging self-dealing and breach of fiduciary duty by CCG Note in the proposed Mariner townhome project near the back entrance to Captain’s Cove thought they had a compelling case that will ultimately succeed, the response to their suit by Pender and Coward of Virginia Beach on behalf of CCG Note may gave them pause. Although it’s always risky to predict with certainty how a judge might rule in any given case, and it’s still very early in the litigation, the response by CCG Note suggests a difficult road ahead for the plaintiffs. With respect to the plaintiffs’ contention that entire length of Captain’s Corridor is a private

street, not be used for public use, and that CCG Note is engaging in self-dealing and violating a fiduciary duty to the plaintiffs by using it to provide access to the Mariner project, the defendants respond that the plaintiffs must produce a document proving ownership of Captain’s Corridor. Previously, CCG Note investor Tim Hearn has said that a patch of the Captain’s Corridor adjacent to the townhome parcel is actually owned by the Mariner/Hastings family and CCG Note, not the Cove Association. The requirement to produce a document proving ownership is a requirement under Virginia precedent, Pender and Coward attorneys say. The sewer system issue in the case alleges that CCG Note beached its fiduciary duty to the plaintiffs by agreeing to convey rapid infiltration

basins lots to the former Captain’s Cove Utility Company (which in turn conveyed the RIB property to Aqua Virgini) to be used for future RIBs for the benefit of Captain’s Cove. “In support of their argument, plaintiffs attach a number of documents, but they notably omit key documents,” according to the filing. Among the omissions is a deed in which the Cove association released and conveyed to CCG Land, a company afiliated with CCG Note, “all of the Association’s rights to use or control the property as open and/or rrecreational space for the benefit of the Association and/or its members.” The filing also says said the Declaration of Restrictions applicable in Section 14, in which the RIB property is located, “expressly allows lots to be used for utility purposes.” The attorneys say that plaintiffs’ argument is “premised upon there being a restriction on the land for recreational space, and that the RIBs are exclusively for the benefit of Captain’s Cove. These allegations are contrary to the land records ...” The defendants say that all applicable documents should be made part of the evidentiary record, in the instance of Captain’s Corridor and the RIB lots.Without such documentation, a Court is in no position to rule in favor of the plaintiffs, the filing contends.

After the storm

Captain’s Cove Marketing and Events Manager Julia Knopf captured a colorful sky after a recent storm

44 Ocean Pines PROGRESS August 2022

CAPTAIN’S COVE CURRENTS

Vista Engineering offers insights on Lake Ernie’s receding water level Suggests additional core drillings and analysis of dam structure and replacement of failed outfall pipes By TOM STAUSS Publisher hat began as a borrow pit and stormwater retention pond dating back 50 years or more, Lake Ernie is a community asset near and dear to residents who live along its edges, boat on and fish its waters, and enjoy the natural scenery that surrounds it. With a surface area of 2.66 acres and a watershed of about 41 acres, Lake Ernie is perhaps Captain’s Cove’s most misunderstood and underappreciated asset, perhaps in part because it really isn’t accessible to anyone other than those who live around it. It’s also a rather complicated water asset, originally having been built with a dam structure and outfall pipes to control water levels. While numerous retention ponds in Ocean Pines manage to exist and thrive without these man-made structures, those who designed Lake Ernie apparently decided they were necessary. Whatever the merits of that particular decision, those who manage the community are facing the reality that these structures either in their entirety or in part have failed, no longer performing in the way they were designed to originally. Declining rainfall levels in recent years and the lack of a huge rainfall-generating events such as hurricanes may also be contributing to the declining water levels. These levels, according to a recently completed memo to Senior General Manager Colby Phillips by Vista Design engineer Richard Polk, are currently about two feet. If the dam and outfall pipes were performing as they should, then water levels could be as high as four feet deep, Polk said. Based on a site visit on April 28, Vista Design concluded that the lake currently is holding approximately 5.32 acre-feet of water (2.66 acre surface area x 2-foot depth). “A properly designed wet pond (without any seepage losses or soil fissures) on the Eastern Shore can typically be expected to support 1 acrefoot of storage for every 4-8 acres of contributing drainage area. “Therefore, based upon the 40.78-acre mapped watershed, the lake should be able to support a 5- to 10- acre-foot permanent pool volume. At its current size, this equates to a pond ranging in depth from approximately two to four feet,” Polk said. During its site visit, Vista inspected a corrugated metal pipe and outfall riser device located on

could spill over the height of the riser. This structure could also be adjusted up or down to regulate the water level in the pond,” Polk said. Giddings told Polk during the site visit that Captain’s Cove hired a firm a few years ago to replace the old outflow riser structure and install the current one. This firm also apparently inserted a liner pipe into the outflow pipe along with hydraulic grout between the new pipe and old one in an attempt to seal up the failing outfall pipe. “Jimmy was not sure how long of a liner pipe was installed, but he felt it did not extend for the full length back to the lake,” Polk said, providing a possible explanation for why the pipe is not doing what it’s supposed to do in controlling water

Lake Ernie in Captain’s Cove borders about three dozen homes and sits just off Captain’s Corridor.

downstream from a dam structure, all of which is supposed to work together to control water levels. The outflow pipe at the water’s edge is not currently visible, and is assumed to have either collapsed or become clogged with silt and/or debris, according to Vista. “The outflow pipe appears to have been installed beneath a wooden shield (decking) that was likely originally designed to prevent watercraft from damaging the outflow pipe. The shield is now visible at the water’s edge, and appears to be supported by pilings which are showing signs of severe rot,” Polk said. Downstream of the pipe inflow, a CMP riser manhole is visible along the pond side of the dam embankment. “Based upon conversations with Jimmy [Giddings, the Cove’s maintenance director], this manhole appears to be an access point for a sluice gate control device that was used to help control the pond water elevations,” Polk said. The outflow pipe then continues through the dam embankment to a riser structure along the downstream toe of the dam. “This structure was apparently designed to control the water elevation in the pond by backing water in the pipe to its set level before water

levels. “During our visual inspection, no water was flowing out the top of the outflow riser (as intended by the design), but was instead observed to be flowing away from the riser structure concrete/ gravel pad at the base of the riser structure,” Polk said. “This is indicative of a failed (i.e. – rusted, collapsed, etc) outfall pipe that is allowing pond water to drain from the lake in an uncontrolled manner around the path of the failed pipe.” Polk concluded that the failing outfall pipe is allowing water to seep along its path in an uncontrolled manner. “Therefore, this pipe must be replaced if the pond is to ever hold water at an elevation higher than the pipe inverts,” he said. He did not include cost estimates for pipe replacement. Polk said the adjoining dam structure has become heavily overgrown with trees and other vegetation. “Trees are typically discouraged on dams due their roots breaking apart the soil which then creates micro passageways for pond water to seep through the dam. “The more trees, the more micro channels, and To Page 46

CAPTAIN’S COVE CURRENTS

August 2022 Ocean Pines PROGRESS 45

Marina Club RESTAURANT FALL HAPPENINGS NEW MENU WILL DEBUT MID- SEPTEMBER

NEW HOURS EFFECTIVE WEEK OF 9/5 Wednesday and Thursday 4pm till 10pm – Friday 4pm till 11pm, Saturday 4pm till 10pm - Sunday Noon - 8pm Happy Hour – EFFECTIVE 9/7 Wednesday thru Saturday 4pm till 6pm – Sunday Noon till 8pm Happy hour prices will be $1.00 off all alcoholic drinks plus discounted food specials TBD SUNDAYS we will be opening for NFL games at 12pm with a special football food menu 9/7 START DATE WEDNESDAY DISCOUNT BURGER NIGHT (NO CARRYOUT) $3.00 OFF THURSDAYS – RIB NIGHT (no carryout) FRIDAYS & SATURDAYS – EXCITING CHEF DINNER SPECIALS SUNDAYS – HOME STYLE (COMFORT FOOD) SPECIALS www.captscove.com

46 Ocean Pines PROGRESS August 2022

CAPTAIN’S COVE CURRENTS

Lake Ernie From Page 44 following the death of a tree, as those tree roots decay, the micro channels become larger and will eventually lead to an increase in pond volume loss through seepage,” he said. So a structure designed to keep water in seems to be doing the opposite. Polk suggested that Captain’s Cove retain the services of a geotechnical engineer to perform core drillings along the dam to both evaluate the soil composition and compaction currently present and to assess the level of fracturing in the soil layers caused by the tree roots. He said he had reached out to Paul Till, of Hardin-Kight Associates (HKA), who Vista has worked with on other dam embankments. Till is willing to work with the Captain’s Cove, Pole said. Till recommended at least six and up to nine or ten soil drillings to depths greater than the height of the dam above the natural channel bottom (30’ in most cases) along the dam embankment. Polk said that HKA utilizes small track-mounted drill rigs when performing borings in existing woods, but may still require help from Captain’s Cove crews to help clear paths to the lake for HKA. Polk said it will take two or three days to drill six to ten core borings at a pace of about 100 vertical feet per day. “During the drilling a soil scientist will periodically take soil samples for classification and compaction observation,” he said. Polk said that HKA is estimating a total cost of up to $15,000 for the study, including $3,800 per day for the drilling and $3,500 to prepare the summary report of findings and recommendations. Polk concluded his memo to Phillips by suggesting that his firm will likely suggest the replacement of existing failing outflow pipe and riser structure. “Should additional issues arise during the [dam] soil borings, they would need to be evaluated and discussed with your office before additional work [is] proffered,” he said.

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JULY 25 MANAGEMENT TEAM MEETING NOTES

Internet companies making incremental installation progress

ESVBA ahead of Spectrum in laying cable

here’s not much new from a status report on the roll-out of high-speed Internet in Captain’s Cove from an account published in the July edition of the Captain’s Cove Currents. Relaying information from technology committee chair Dawn Wagner, Senior General Manager Colby Phillips during the July 25 management team meeting said that Eastern Shore of Virginia Broadband Authority has started laying cable in Section 3 of its roll-out map [see below]. Spectrum in the meantime is only completing the upgrade of equipment and has not yet started laying cable, she said. That information suggests that ESVBA maintains its significant lead in providing high speed Internet service to parts of Captain’s Cove without it. In other updates, Phillips said that there will be a third budget review meeting Aug. 10, the annual meeting will be Nov. 12 at 10 a.m. at the Chincoteague Center, and Supervisor Ron Wolff will be back on Aug. 29 with another constituents meeting preceded by the monthly management team meeting. She announced that Aqua Virginia would be conducting water system flushing for three days beginning on July 28. She lauded newly arrived Food and Beverage Manager Charlie Getz, reporting that she’s receiving positive feedback from residents, with many saying that “he’s really paying attention to residents” as he acclimates to this new position. In a capital projects update, she said that work continues on plans for a new mailbox pavilion near the Marina Club that will replace the ”very old” pavilion at the town center. She presented schematics of the new pavilion. To Page 7

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ESVBA’s map of Captain’s Cove by section, with the planned order of service rollout sections 3,4,2,5 and 1.

CAPTAIN’S COVE CURRENTS

Mondays in August

Aug. 8 & 22 TOWN CENTER POOL 6-8 pm

August 2022 Ocean Pines PROGRESS 47

48 Ocean Pines PROGRESS August 2022

CAPTAIN’S COVE CURRENTS

July 25 managers meeting From Page 46 She announced that the dumpster that serves the Town Center complex will be moved to a protected site near Captain’s Corridor, as a way of eliminating offensive odors. She said she wanted to keep both outdoor pools open through Labor Day weekend, perhaps on a reduced Thursday through Sunday schedule. She presented photos depicting steep edges on golf course ponds that make it difficult to mow. There a “no mow” area on the sixth hole that’s impossible for mowers to navigate. Aug. 2 and 8 are make-up dates if bad weather postpones the next family fun night, and the well-received “You Caught What” fishing tournament would conclude the last week of July. Given the floor by Phillips, a member of the county’s mosquito control commission reported that to date no aerial spraying in Captain’s Cove had occurred, but will be scheduled if the mosquito populations becomes a significant threat to quality of life. General Manager Justin Wilder reported that the Cove association finally was able to secure a hearing before the Board of Equalization and received a reduction in assessments on Cove-owned lots. He said that further decreases are possible for lots where wetlands encroach. Once he submits the required paperwork, these additional decreases may be forthcoming in the form of partially refunds of taxes paid. Wilder also said that forms for home renovations will now be similar to those submitted for new construction. He noted about a 25 percent reduction recently in Environmental Control Committee applications, saying he wasn’t sure if this is a “temporary lull.” Security director John Costello said that there 97 calls for service in June, a 25 percent increase from the previous month, with “kids doing bad things” constituting much of the activity. Community Marketing and Event Manager Julia Knopf, recently given a new title reflecting expanded responsibilities, announced an Aug. 19 golf event called Balls and Claws. It will raisefunds for STEM centers in Accomack County schools. There are 72 slots available fof golfers.

Exterior design of the mail pavilion that will be moved to the Marina Club from Captain’s Corridor near the Town Center outfoor pool. She advised residents to check the Cove Website’s calendar for updates on coming events, which occasionally appear on the site even before promotional fliers have been prepared. Phillips, filling in for new Food and Beverage Manager Charlie Getz, said a new menu would be unveiled in the latter part of September. It will include some price increases reflecting inflationary pressures on food, but not all items will cost more, she said. She announced that Josh Vickers has been named executive chef and Craig Aspdin has been promoted to sous chef in recognition of the outstanding job they did in the abrupt hiatus in top management just before Memorial Day weekend. In response to questions during the members forum, Phillips said that: • she will discuss with Getz the issue of vacant tables resulting from people with reservations not showing up. • there needs to be a conversation in the community about geese. A resident complained that geese driven off the golf course had ended up on his property. • April financials are posted on the Cove Website and that May and June will be posted shortly. • Canal dredging will resume in the fall, after soundings are conducted in August. Work will continue on Starboard Street and the Marina Club’s canal, she said. Director of Maintenance Jimmy Giddings reminded residents that dredging must stay at least 15 feet from bulkheading, according to state regulations.

Annual tea party

The second annual Princess Tea Party featuring Rapunzel and Anna from Frozen took place at the Marina Club on Saturday, July 23, with about 25 princesses and one prince taking part.

CAPTAIN’S COVE CURRENTS

August 2022 Ocean Pines PROGRESS 49

August 11 & 25

Sundays at 4 pm ~ Community Center

MEETING EVERY 4th FRIDAY

CAPTAIN’S COVE CURRENTS

Ocean Pines PROGRESS August 2022

Berger grabs microphone from Phillips, may lose amenity privileges after hearing Incident at July 25 managers meeting triggers complaint process By TOM STAUSS Publisher t started out calmly enough: Captain’s Cove resident Larry Berger during the Members Forum at the July 25 property management team meeting asked for an accounting of how much the Cove spends monthly for advertising in the Ocean Pines Progress. Senior General Manager Colby Phillips responded that there is a process to request that kind of information, and that General Manager Justin Wilder had provided that information to Berger in a recent email. “We got your email [requesting the information),” Phillips told Berger. “You can request that information using the process” described in Wilder’s response. Berger said he didn’t remember any email exchange with Wilder, and he accused Cove management of “blowing off” a legitimate request for information. Phillips told Berger he was not being blown off but was being advised on how to request such information “in the correct way.” She also told Berger that “you didn’t like my answer” when he continued to object. Although not visible on the remote video feed of the meeting, Berger advanced on the table where Phillips was seated and, according to two Cove directors present, grabbed the microphone from her and continued to voice his opinion. “You wanted the last word,” she said after he returned the microphone to her. The act of taking the microphone from Phillips triggered the two Cove directors, who in email to Cove President Tim Hearn said the Board needed to protect Cove employees from this sort of behavior. Hearn told the Cove Currents that the directors’ comments will trigger a complaint hearing, during which Berger will be allowed to defend himself from charges he acted improperly in taking the microphone from Phillips without her consent. Hearn said that Berger has

been sent an email by Wilder advising him of the hearing, which has been scheduled as part of an Aug. 29 Board of Directors meeting. The result of the hearing is that Berger could lose his right to access Cove amenities for a period of time, Hearn said. Also during the Aug. 29 board meeting, directors will be considering an issue raised by Cove resident John Ward, as well as a complaint against a Cove resident for derogatory comments aimed at the management team. The first director to object to Berger’s behavior was Mark Majerus, who in an email to Hearn noted an “event” that Hearn, who was attending the meeting remotely, could not see “but you probably heard the combative attitude Larry Berger had with Colby.” Per Virginia law, Majerus said there is “a prescribed path for Larry to request and receive the information he wanted. I suspect it was outlined in e-mails” from Cove General Manager Justin Wilder. “What you didn’t see, was Larry standing up and returning to his seat during Colby’s closing comments. Larry came back up to the head table, ripped the microphone out of her hand and towered over her sitting there to add his final final comments,” Majerus said. He told Hearn that he regarded the incident as “unbecoming behavior for a member, the threatening of a staff member and a second-order physical attack of an employee. I was in the back of the room, but immediately [got] out of my seat as this occurred. As it became apparent that no further threat was imminent, I went and reported this to (Director of Security) John Costello who was zooming in from his office.” Majerus said that “we (as a Board) have banned members for behavior such as this in the past, and it is my recommendation that a similar ban be considered for this event.” Director Pat Pelino echoed those comments in a follow-up email to Hearn. “I agree with and support every-

thing Mark said in his email,” she said. “Larry’s actions were belligerent and threatening and totally uncalled for. He had to get in the last word. He was quiet during the forum, no questions or comments. I think that was because John (Costello) was in the room.” She said that the Board “cannot sweep this kind of behavior under the rug and act like it didn’t happen. We have an obligation to protect our employees. We did it when the derogatory comments [targeted at Phillips} surfaced [See July edition of the Cove Currents], and we have to do it now.” Phillips told the Cove Currents that she very much appreciated the directors taking the position they did in calling for a complaint hearing. “This is just the latest example of working for a very supportive board that always has my back as well as the team’s. Very refreshing,” she said. Phillips also obtained a protective order from an Accomack County magistrate through Aug. 1 and an extension until Aug. 15, with a hearing on that day for another extension through the end of the month. The order bars Berger from being in her presence.

She also said that Berger’s reference to the Ocean Pines Progress needs some clarification. The Progress publishes a monthy section within its pages called the Captain’s Cove Currents, she said, which is reformatted into an electronic publication of the same name with the Cove Currents logo on the front page. The print version is distributed in news boxes at the Cove mail pavilions and at the Marina Club front desk. The electronic version, sometimes with new information that has surfaced since the print version was published, is emailed to about 1,500 Cove members. As a courtesy to Cove members, the front desk receptionists print out about 100 copies of the electronic version for distribution at the reception area. “Our members look forward to the Currents, which is very detailed and informative,” she said. “Because of this publication, we’ve been able to save on the expense and labor of producing our own. In many ways the Currents has become the publication of record for Captain’s Cove.” She said that the Cove will be archiving past editions of the Currents on the Cove Website. Recent advertising spends in the Cove Currents have topped out at $1,750 per month, with some ads donated by the publisher. It’s well within the Cove’s marketing budget, she said. Phillips said the number of Cove ads that appear in the publication allows it to publish more news and information of interest. “I think it’s money well spent,” she said, “and the board supports my decision.”

Disclosures from July 20 special meeting

he Captain’s Cove Association’s Board of Directors went into executive session during a July 20 special meeting, but not before directors made some newsworthy disclosures. Director Mark Majerus said that the exectutive session would involve a discussion of the Board’s next steps in the Troon litigation. He also said that filings in the Birckhead litigation would be posted soon the Cove’s Website. Cove President Tim Hearn recapped the budget review session earlier in the day, summarizing three ways he suggested for possible reductions in the draft budget. They include reducing projected losses in food and beverage operations, a decision by the Birckhead plaintiffs to drop the Cove association and members of the Board of Directors as defendangs in the case, and reducing the number of bad debt accounts by about 100. In another disclosure, Hearn said that the AppFolio and Toast software used to help manage much of Captain’s Cove is not all that functional when it comes to presenting monthly financial data, slowing down the process. The alterntative will be to purchase a few Quickbooks licenses, he said, an inexpensive solution.

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Second draft budget shows $100 increase in annual dues Hearn urges management team to reduce projected food and beverage operating deficit

By TOM STAUSS Publisher he draft budget that was unveiled during the second 2022-23 budget review meeting July 20 showed a possible annual lot assessment increase of $100, in part because of a projected $100,000 deficit in food and beverage operations that reflect a previous decision to no longer sell weekend banquets in the Marina Club restaurant. Captain’s Cove association President Tim Hearn also cited a $75,000 legal expense item to defend the Cove Board of Directors in a suit filed by Teresa Birckhead and other Cove residents. Hearn said he hopes the plaintiffs will drop the suit against the board while continuing its suit against CCG Note as a way of litigating issues that have been identified in the case. That would allow the Cove to save the $75,000 budgeted to defend the Board, Hearn said. Another possible way of saving money is to reduce the number of bad debt accounts, he said. As presented, the draft budget shows a $1,500 assessment levied on 2,944 dues-paying lots, generating $4,416,000 in revenue. Lots owned by Captain’s Cove Golf and Yacht Club, the official name of the Cove association, and CCG Note and its affiliates are not dues-paying. Total projected revenue of $6,632,224 includes $139,000 in golf course greens and cart fees, $40,000 in golf membership revenue, $70,000 in pro shop sales, $116,698 in Marina Club alcohol sales, $144,524 in Marina Club beer and wine sales, $598,464 in Marina Club food and beverage sales, $223,475 in Town Center snack bar sales, $39,300 in Town Center alcohol sales, and $722,668 in interest charge revenue, and other revenue items of more modest amounts. Projected cost of sales reduces estimated gross revenue to $6,203,753. Projected operating expenses of $4,646,660 include golf expense of $385,592, Marina Club and Town Center payroll expense of $530,000, general and administrative expense of $1,042,236, security expense of $317,400, pools and recreation $145,955, repairs and mainenance $564,552, waterfront and canals $85,004, payroll burden $340,920, utiliities and telephone $335,963, committees $10,000, and allowance for bad debt, $714,000. Fully funded depreciation, amortization and interest expenses total $1,135,243. Total projected expense for the year is $5,781,903, resulting in a projected cash surplus of $424,850, according to the budget draft.

The draft budget is available for review on the Cove Website, accessible by clicking events from the home page. The calendar pops up, and a pdf of the draft budget then is available by clicking the July 20 budget meeting on the calendar. Much of the discussion during the July 20 meeting concerned the food and beverage budgets, with Hearn asking the property management team led by Senior General Manager Colby Phillips to increase revenue and reduce expenses. He invited the team to revisit the current policy of not soliciting lucrative banquet business at the Marina Club on weekends, which he said is a major difference in the projected budget from the current year’s. He said that policy has contributed to what is projected as a $100,000 food and beverage loss, down from $100,000 to $200,000 surpluses in recent years. “If not a surplus, at least try to break even,” Hearn said. Among other suggestions, Hearn said that entertainment expense seems high relative to revenue generated at the Marina Club. One resident said that she has been turned away at the Marina Club recently when tables were open, apparently resulting from no-show reservations. She suggested that these tables be opened up if patrons don’t show up at the reserved time.

CAPTAIN’S COVE CURRENTS “I wasn’t aware of that,” Phillips responded, adding that she would discuss the matter with Charlie Getz, the newly hired Cove food and beverage matter, with the possibility of a change in the way that reservation no-shows are handled. In another suggestion on how the management team might be able to reduce expenses, Hearn said that the number of bad debt accounts of 476 might be reduced by too to 376, “another way to produce $120,000 in additional revenue,” he said. Hearn referenced the golf budget, which reflects the fact that the Cove no longer offers “free” golf to Cove members but asks them to pay a modest fee to play the course. There’s been talk that the golf committee would like to restore the policy of so-called “free” golf, Hearn said, but so far there’s been no recommendation to that effect. Hearn said that if that policy change were adopted, it would have a negative effect on the budget and exert upward pressure on the annual dues. In the general and administrative component of the budget, Hearn noted that it includes $75,000 in legal and accounting fees for the Troon litigation, and another $75,000 in the Birckhead litigation. This is when Hearn said that if the plaintiffs would drop the association from the Birckhead suit, the budget would reflect a $75,000 savings. Hearn noted that various capital expenses including Marina Club roof repair and rebuilding Starboard Street could exceed $400,000, with the Cove association precluded in its governing documents of levying a special assessment for such expenditures. This means that such expenses have to be funded out of the annual dues, Hearn said, again exerting upward pressure on the cost of living in Captain’s Cove. The draft budget proposed thus far does not include a detailed capital budget for next year. Phillips will be presenting that at the next budget meeting.

Management team already turning projected deficit into a surplus, Phillips says

he Captain’s Cove property management team took an admonition from Cove President Tim Hearn about a projected food and beverage deficit to heart and is already on the way to turning it around. What had been projected as a $100,000 loss for 2022-23 in a budget draft considered in a July 20 budget review has been converted into a $150,000 surplus, mainly by tweaking revenues. Senior General Manager Colby Phillips told the Cove Currents that the draft budget was too conservative in projecting revenues, and that after new Food and Beverage Manager Charlie Getz looked closely at the numbers, an adjustment was made. Some of that will come from some higher prices at the Marina Club, Phillips said, reflecting inflation in food costs. To Page 54

Colby Phillips

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JUNIOR LIFEGUARD PROGRAM WEDNESDAY, AUG. 10

10 a.m. - 5 pm One Day Session Maximum Participation is 15 • Ages 5-14 - Must be Strong Swimmer

Cove Members FREE • Guest $20 The Captain’s Cove Junior Lifeguard Program helps kids build a foundation of knowledge, attitude and skills that are needed to be responsible volunteers and future lifeguards. Participants learn skills such a swimming, leadership, rescue response, drowning prevention, professionalism, all while having fun. Returning Junior Lifeguards return at Crew Chief Level.

Call the Marina Club Front Desk 757-824-5465 or email marinaclub@captscove.com

PRIVATE SWIM LESSONS WITH FLINN AND BROOKS Cost for 30 Minute Lesson Member $30 • Guest $40 Cost for 45 Minute Lesson Member $45 • Guest $55 To Sign Up for Private Lessons Please Stop by the Marina Club Front Desk or Call 757-824-3465 or Email marinaclub@captscove.com

Lessons Will be Held at the Town Center Pool

54 Ocean Pines PROGRESS August 2022

CAPTAIN’S COVE CURRENTS

Six candidates file for three-year terms on Cove Board of Directors

ix Captain’s Cove members have announced their candidacies for two hreeyear terms on the Captain’s Cove Board of Directors, including two incumbents, Pat Pelino and Mark Majerus, the former of whom is a veteran member of the Board and long-time secretary. Majerus was appointed to the board in April of this year. The Captain’s Cove Golf and Yacht Club’s Website includes biographical information on each of the candidates, except one. Frederick G. Tract III’s summary includes a reference to a separate submitted resume, but the resume is not included on the Website. The other three candidates with included information in addition to Pelino and Majerus are Michelle Mathews-Kalinock, Anjali Chatelle, and Guy Siebold. There was another recent filing, with George Finlayson running for the board alternate position. He’s a former Cove association president, serving in that role during the Bob Warfield era in the early 2000s. Pelino lists her board position and role and says she is running “to continue to contribute to the continued growth and financial stability of Captain’s Cove. Majerus, the current chair of the community’s Nautical Sports Committee, says he’s running becayse he wants to represent members and continue making improvements within the Cove “fiscally, services and amenities, and the spirit of the community.” Mathews-Kalinock says she wants to serve and contribute “to our POA, to contribute to our community, and better serve the needs of our owners.” Chatelle says she is running because she likes “to solve complex problems and work to-

wards mutually agreeable solutions that face our community.” She said there are “many opportunities to streamline processes and create meaningful dialog using technlology and value added communication.” Siebold says he’s running to facilitate the upgrade of Captain’s Cove amenities and infrastructure, to represent and consider all owners and viewpoints, to promote better communica-

Food and beverage deficit From Page 52 The objective is to allocate cost of food and beverages to about 40 percent of revenue, she said. She noted that when a new menu is presented in mid-September, not all items will cost more. “It really does depend,” she said “on what it costs us to purchase them.” Phillips said the $250,000 swing from a deficit to a surplus does not include a change in the current policy of not marketing banquets on weekends in the Marina Club. “That would be a Board decision,” she said. “It would definitely increase the bottom line at the Marina Club.”

Junior lifesaving class

Captain’s Cove will be hosting a one-day junior lifesaving session on Wednesdsay, Aug. 10, from 10 a.m. to 5 p.m. The session is open to Cove association members free. Strong swimmers aged 5-14 are welcome.

tion, interactions and support.” Ballots will be mailed out to Cove members well before the annual meeting in November, when results of the election are announced. Since 2012, candidates preferred by the Cove developer, CCG Note, have typically won seats on the board. Cove President Tim Hearn said CCG Note and its affiliates currently own about 1250 lots in the Cove, and most likely will cast ballots in the election on a one-vote-per-lot basis. Under a 2012 agreement, the developer is allowed to cast ballots on a three-votes-per lot basis, but only if Captain’s Cove Golf and Yacht Club is losing money. That isn’t the case currently. There was a candidates forum conducted following the July 27 managers meeting. A meeting audio is available on the Cove Website.

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