The July 8 press release announcing a new four-year contract for General Manager John Viola with an option for a fifth year was sparse on certain financial details -- namely his annual salary, annual raises, and meeting certain operational objectives that qualify him for an annual bonus.
The press release didn’t disclose his annual salary under the new contract, but it was later revealed that the base salary is $210,000.
Ocean Pines Association
President Rick Farr in a text to the Progress also said the contract calls for annual raises of $10,000.
The contract calls for a bonus for meeting certain performance benchmarks, similar to those that were part of the last contract, a two-year agreement that covered July 1 of 2022 to June 30 of this year.
Farr with the support of OPA counsel Bruce Bright is declining to reveal the details of those performance bonuses, and Viola is respecting their preference to keep those details private.
Page 4
Board election could be a low turn-out affair
By ROTA L. KNOTT Contributing Writer
It’s been a sedate election process in Ocean Pines this summer, with some indication that a low participation rate will drop below last summer’s rate of 38.4 perccent. How this will affect the outcome of this summer’s contest is anyone’s guess. There are two “tickets” on the ballot -- two incumbents, Ocean Pines Association President Rick Farr and Director Jeff Heavner in one corner versus the announced team of Amy Peck and Sherrie Clifford in the other.
Peck and Clifford are the architects behind the ROC (Residents Oversight Community) Facebook page and an Ocean Pines media operation including a podcast and an announced newspaper that has yet to launch.
Farr in particular has made no secret of the fact that he doesn’t much care for the politics of either Peck or
Clifford. The feeling is mutual.
A fifth candidate, Jerry Murphy, is officially unalligned. His candidacy is seen as somewhat of a wildcard, possibly drawing votes away from either Farr or Heavner, or both, improving the electoral chances of Peck and Clifford.
Murphy doesn’t buy that theory. He preducts that Farr and Heavner will blow away the competition when ballots are counted on Aug. 8, two days after the official
Farr
Murphy Heavner
Clifford Peck
Board election
From Page 1
Aug. 6 due date of ballot return. Results will be presented for certification at the annual meeting of the association on Aug. 10.
While a blow-out could always occur, a low turn-out election could just as plausibly presage a tight race with a handful of votes separating the winners.
This summer, there are two seats up for grabs, the two occupied by Farr and Heavner.
At the Board’s July 20 monthy meeting, Elections Committee chair Steve Ransdell reported that as of a few days prior, out of 7,777 eligible votes, 667 had been cast on-line and 1,780 paper ballots had been returned to the OPA’s elections vendor, MK Elections of Pittsburgh, Pa.
That was a total of 2,447 votes, a participation rate of a little more than 28 percent. It didn’t include any paper ballots deposited in the police department dropbox.
Last year’s Board election had a participation rate of 38.4 percent, wth 2,993 votes cast out of those eligible.
Ransdell told the Board that regardless of when ballots are deposited in the police department drop box, they won’t be shipped to the vendor conducting this summer’s Ocean Pines Association Board of Directors election until the voting has closed on Aug 6.
These paper ballots will then be shipped for next day delivery to MK Elections and included with the official vote tally.
Ransdell said that in general this summer’s Board election is proceeding according to the timeline required by OPA governing documents, so far with no controversy.
He said once the vendor receives and vets all of the ballots, the Elections Committee will address any that need adjudication.
Director Steve Jacobs asked if the Election Committee is still shipping the physical ballots dropped off in the police department box periodically throughout the election, as was done in prior years.
Ransdell said that because of committee manpower issues, the decision was made to wait and send them all at one time.
He said there simply weren’t enough committee members to collect and mail the ballots dropped at the police department on any type of regular schedule for this election.
He noted that even during past elections there was not a specific schedule for when those ballots would be collected.
Director John Latham asked Ransdell about the process for ensuring that members don’t cast more than one ballot or if they change their mind after voting.
Randsell said the electronic voting and the paper balloting are two separate processes at MK
Elections. At end of voting, once all of each type of ballot is collected, the vendor will reconcile the ballots. If a member cast both paper and electronic ballots, then the ballot that was cast second will be disregarded, he said.
He acknowledged that the Elections Committee has had “some people testing that” process by casting both electronic and paper ballots and saying both were counted. He said that isn’t true as “nothing has been counted yet.”
Ballots are simply being collected now and will be counted after the close of balloting.
Ransdell said one person reached out to the Elections Committee wanting to change their vote. However, the advice of counsel is that once a ballot is cast it cannot be uncast.
He said there is no way to identify any one person’s ballot after it’s been separated from the outer envelope that contains code numbers.
Ransdell said election ballots were sent out by mail with an option to vote electronically to all property owners.
Out of the initial mailing, he said 113 ballots were returned as undeliverable but 27 of the came with the new forwarding addresses and the ballots were reissued.
When the committee received an updated eligibility list from the Ocean Pines Association Membership office, an additional 296 properties became eligible to vote and ballots were sent to
August 2024
Board election
From Page 3
them. Ransdell said there are a total of 7,777 eligible ballots this election.
He said so far there have been 18 contacts from property owners regarding the ballots with 11 of them for replacement ballots, four were questions about the drop box and three were complaints about election signs on Ocean Pines property before they were permitted.
“We’re on target to close the balloting Aug. 6 and 4 p.m. and get a report ready for certification at the annual meeting,” Ransdell said.
Director Stuart Lakernick praised Randsell and said he does not remember any other OPA election running as smoothly as this summer’s seems to be.
Ransdell credited former Elections Committee chairman Tom Piatti, saying he and the current committee members are simply executing a plan laid out by Piatti.
He said most of the committee members are new within the last few months, but they are “executing an excellent plan” put together by Piatti.
OPA announces contract extension for GM Viola
Some details of new agreement with respect to incentive bonuses remain under wraps
By TOM STAUSS Publisher
The July 8 press release announcing a new four-year contract for General Manager John Viola with an option for a fifth year was sparse on certain financial details -- namely his annual salary, annual raises, and meeting certain operational objectives that qualify him for an annual bonus.
The press release didn’t disclose his annual salary under the new contract, but it was revealed on the Ocean Pines Forum Website that the base salary is $210,000. Ocean Pines Association President Rick Farr in a text to the Progress also said the contract calls for annual raises of $10,000.
That would mean Viola would be paid a base salary of $240,000 beginning July 1 of 2027, eligible for a raise to $250,000 on a fifth year should the OPA and Viola agree to it under the terms of the new contract.
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The Progress has learned that the contract calls for a bonus for meeting certain performance benchmarks, similar to those that were part of the last contract, a two-year agreement that covered July 1 of 2022 to June 30 of this year.
Farr with the support of OPA counsel Bruce Bright is declining to reveal the details of those performance bonuses, and Viola is respecting their preference to keep those details private in his personnel file.
Bright said the OPA has the right not to disclose details from Viola’s personnel file, adding that the Board doesn’t want details of performance bonuses out in the public domain when the time comes to
To Page 6
John Viola
Aquatics Committee wants faster progress on maintenance issues
Viola contract
From Page 4
Lakernick downplays
possibility that he may not want another contract extension when the new one expires in four or five years.
criticism, says panel has moved on
By ROTA L KNOTT
replace Viola as association general manager.
Contributing Writer
AViola, who did not voice a problem with full transparency of contract details, said the terms were similar to those in the two-year contract that went into effect on July 1 of 2022.
fter learning that a mobility-challenged swimmer was stuck in the Swim and Racquet Club pool for a short time because the handicapped accessible pool chair was broken, the Aquatics Advisory Committee wanted to make sure that the equipment is being properly maintained.
As part of his annual performance review, directors score him using a grading system, with a 5.0 as the highest mark, with the performance bonus tied to the average of the directors’ scoring.
may not have been able to carry the person out of the water because of the narrow width of the pool stairs, he said. Miller called the stairs narrow, rickety, and dangerous.
At least, that was the case with the 2022 two-year agreement.
tinuing to opt out of OPA medical insurance. The contract also awarded him an immediate one-time retention bonus of $25,000.
The committee listed several repairs as having no progress being made, including a rusted file cabinet in the Sports Core Pool, a cement pad around the Sports Core Pool that is cracked and flaky, the steps into the pool at the Swim and Racquet Club.
The steps are on hold until the end of the summer season.
The Progress has been unable to verify whether these two additional payments are part of the new contract.
better in his annual performance review, in which he is rated by each of seven directors with a top grade of 5, then he was entitled to receive the full $30,000 bonus.
If his score ranged between 3.0 and 3.49, then he was entitled to receive a $15,000 bonus.
Committee members have suggested that structural improvements may be necessary to ensure lifeguards working at the Ocean Pines Association’s pools can assist people in getting out of the water when equipment break-downs occur.
“Objectives are also a part of this year’s contract in that the objectives are, as [they] have been in the past, safety, infrastructure, drainage, beautification, bulkheads, roads and other initiatives as instructed by the Board,” Viola said in a text message to the Progress.
Viola said that the bonus terms in the new contract are similar to those from two years ago.
Committee Member Em Hench said the stairs have been a safety concern for years. She agreed that the stairs are narrow and said children play and congregate on them, making it hard for swimmer who are mobility challenged to get in and out of the pool.
The 2022 agreement made him eligible for an additional $40,000 incentive bonus every year in the contract based on the Board’s appraisal of his job performance.
During the committee’s July 10 meeting, Committee Chairman Gary Miller brought up the incident in which a swimmer used the handicapped accessible chair to get into the pool, but then something happened to the chair.
“A big part of the objectives has always been strategy, financial performance, keeping the Board updated, and more importantly, forecasting, which I believe we have brought to a high level and which helps us make sound decisions for Ocean Pines.
Two years ago, Viola released a copy of his contract to the Progress, in the interest of full transparency, but he declined to do so this year out of respect for the Board’s preference to keep bonus details under wraps.
Committee Member Steve Ransdell said the OPA needs to ensure it is complying with the American with Disabilities Act compliance so people who need assistance can get in and out of the pool. He said if the lift chair doesn’t work there has to be a Plan B.
“The chair wasn’t functioning properly, and they couldn’t get back out,” he said.
“The Board also requested a comfortable transition, which I agreed to,” Viola said, a reference to the
According to the reporting in the July, 2022, edition of the Progress, the Board at the time made it easy for Viola to say yes to a contract, which included an increase in base salary from $165,000 to $175,000 and annual increases up to $195,000 if he stayed on the job for three years.
The swimmer opted to stay in pool and wait for someone to come and repair the chair, which took 15 to 20 minutes, Miller said. But, if the chair wasn’t able to be repaired quickly, the lifeguards
Committee members agreed that a wider, more stable set of steps may be a solution to these issues.
There was also an additional $5,000 payment in lieu of Viola con-
The committee’s July meeting agenda included an outgoing list of maintenance and repairs that it is tracking. Those projects were a broken gate at Mumford’s Landing Pool and a bare pipe without a shower head in the ladies locker room, both of which were repaired.
Maintenance of aquatics facilities was on the mind of committee members during their June 21 meeting as well. They discussed on-going safety issues, including the steps at Swim and Racquet Club Pool and a cracked outdoor surface at Sports Core Pool. At that meeting the group discussed taking a pool tour to assess need for safety improvements.
The first component of the 2022 bonus agreement was a retention payment of 25 percent, or $10,000, upon completion of each year in the contract on the anniversary date of June 30. He was eligible for up to $30,000 over three years had he stayed on for all three years possible in the contract.
Below 3.0, there would be no bonus payment.
Committee Board Liaison Stuart Lakernick said the criticism by some committee members of the pace of fixing maintenance issues has been overblown. And it’s not all about complaints, according to Lakernick. He noted that the committee is very impressed with the fact that Aquatics Director Kathleen Cook has been able to reach a full complement of guards for the summer.
In the second component of this bonus, he was eligible to receive the remaining 75 percent of the $40,000, or $30,000 per year, depending on whether he met certain performance benchmarks as determined by the Board.
If he achieved a score of 3.5 or
The 2022 contract also detailed a retirement benefit should he not be able to participate in the OPA’s 401(K) because of certain requirements of the federal ERISA law. The OPA would pay him a stipend of 3 percent of his annual base compensation in that event, “grossed up” to cover payroll and income taxes due on that. Before the so-called grossup, payments would be $5,250 in year one, $5,550 in year two, and $5,850 in year three.
Should Viola participate in the 401(k) plan, the OPA would match his contribution up to three percent.
Other benefits in the 2022 contract included up to four weeks of vacation/personal time per year,
“We’re moving on,” he said of the maintenance issues, adding that “we’re having good discussions about possible tweaks to aquatics memberships and options, including the possibility of a attractively priced weekly membership for guests of OPA members who aren’t prepaid annual or seasonal aquatics members. A special rate for grandparents is also under consideration,” he said.
Viola contract
From Page 6
with no more than four weeks of accrued leave time eligible to be carried over to the following year, and up to 12 days per year of sick leave, with no carry-over. When the contract ended, OPA was supposed to pay him accrued unused vacation/ personal time.
The OPA under the 2022 contract continued to provide Viola with a business use vehicle, and, for him and his family, a 50 percent discount on food and beverages at OPA amenities and free use of all OPA amenities. These benefits were unchanged from his previous contract.
Because of the decision to keep certain details of the new contract under wraps, it’s not clear which of these incentives carry over into the new contract.
It seems a safe bet that at least some of them do, which suggests that Viola is among the highest paid governmental or quasi-governmental executives in the area. When hired in 2022, the Ocean City manager was paid $180,000 per year, with raises likely since then. The Worcester County administrator’s salary is less than $200,000.
The Board of Directors on July 8 unanimously approved the fouryear contract extension for Viola, with the fifth year option.
The OPA named Viola the temporary general manager in April 2019, and, in June 2019, he signed a six-month agreement that has been extended several times. He signed a two-and-a half year contract from Dec. 1 of 2019 to June 30 of 2022.
Although he never left the employ of the Ocean Pines Association since his first six-month deal in June of 2019, then OPA President Larry Perrone announced Viola’s retirement in early December of 2021, effective on Feb. 28 of 2022.
Viola let it be known that he was willing to continue as GM, despite Perrone’s announcement, and after several months of negotiation, a new two-year contract went into effect on July 1 of 2022.
Viola has been an Ocean Pines homeowner for nearly 15 years and before that had vacationed in the community.
A New York native, he is a certified public accountant, with an MBA with a specialization in management and tax management from Pace University in New York and an undergraduate degree in accounting from Manhattan College. He worked
in the private sector as a CPA, including 28 years with Avon, where he finished as the assistant global controller.
In Ocean Pines, Viola served as chair of the Budget and Finance Committee for four years, and served on a volunteer basis as the Association’s treasurer and chief financial officer, prior to becoming general manager.
In six years as general manager, Viola has overseen six consecutive fiscal years with a positive variance
to budget, and four-straight years with a favorability greater than $1 million. During that span, OPA also lowered the assessment, and increased spending on public safety, maintenance, and drainage, among other areas.
“I have enjoyed working with a professional Board, and I’m very hopeful that we will continue, together, to produce for Ocean Pines. Our achievements over the past six years reflect the hard work and dedication of the entire Ocean Pines
team. I look forward to continuing our efforts to enhance the quality of life for all our homeowners and to ensure that Ocean Pines remains a thriving and vibrant community.”
Farr said extending Viola was a priority for the Board, and an easy decision based on his consistently stellar results.
“We believe that under the leadership of Mr. Viola, Ocean Pines has achieved significant milestones in keeping Ocean Pines financial-
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OPA takes on heavier lift with OPVFD apparatus replacement
With the signing of a new Memo of Understanding, the Ocean Pines Association will take on a larger share of costs of fire trucks, ambulances and other vehicles
By CINDY HOFFMAN Contributing Writer
Anew Memorandum of Understanding or MOU agreement between the Ocean Pines Association and the Ocean Pines Volunteer Fire Department, signed in July, provides an increase in OPA’s financial commitment to the apparatus replacement reserve, a fund that is used to cover the costs of fire trucks, ambulances and other vehicles that the department needs to fulfill its duties to the community.
The previous MOU split the costs 50-50 for the apparatus fund. The new MOU commits OPA to pay 75 percent of the apparatus fund and OPVFD will pay 25%.
“The agreement was made because the Ocean Pines Volunteer
Fire Department is not currently in a financial position to make the contributions necessary for the apparatus funding,” OPA President Rick Farr said.
This year, both parties are responsible for contributing $241,000 to the reserve fund.
The new 75/25 split will go into effect next fiscal year and will remain in effect for the forseeable future.
“The Fire Department is currently fundraising towards a $241,000 goal for its apparatus replacement fund. Last year, the department had to pull from its savings to meet the goal of the fund,” President Joe Enste said.
Fire equipment is very expensive. Last year, the OPVFD signed a contract to purchase a new 2023 Sut-
phen fire engine, costing $808,000. There are industry standards that require trucks to be replaced after a certain number of years, so the department keeps a replacement schedule to track this and plan for these expenses.
The department currently maintains a fleet of three fire engines, a heavy rescue truck , a 104-foot tower truck, a special operations unit, three utility vehicles, three advanced life support ambulances, a traffic control and scene support van, a gator, a rescue boat, a swift water response trailer and two chief’s command vehicles.
The previous MOU, dating back to 2011, restricted the amount of money the Fire Department could raise.
For instance, if it raised more than its goal, its request to OPA had to be that much less.
It was a perverse incentive that OPVFD officials were determined to eliminate in the new MOU.
“The new MOU is so important to us; we could not get ahead when we were capped in the amount of money we could raise,” Enste said.
The new MOU states “Any failure to meet fundraising goals and objectives by the department shall not be used to directly and correspondingly reduce funding granted to the department by OPA but shall bear upon and be considered in the formulation of future fundraising plans.”
The MOU states that the agreement will be re-evaluated every five years with reference to inflation and any other material changes economically or otherwise.
Both parties must consent to any changes to the split.
In the event that the department needs to obtain a loan to fund the reserves, OPA may provide a guarantee of such financing, but is not required to do so.
New agreement moves Southside firestation project forward
Referendum anticipated in 2025 as part of Board of Directors election
By CINDY HOFFMAN
Contributing Writer
Discussions have been ongoing to replace the South Side Firestation since 2001, ac-
cording to President Joe Enste of the Ocean Pines Volunteer Fire Department (OPVFD).
With the signing of a new agreement called a Memorandum of Un-
derstanding, or MOU, in July between the OPVFD and the Ocean Pines Association, a new firestation is now in sight.
“We are confident that the agreement is fair to the Ocean Pines Volunteer Fire Department and the community and sets both sides up for long term success,” Enste said.
“This deal is in the best interest of both parties,” OPA President Rick Farr said. “We want the fire department to be successful.”
“The MOU did not come out of thin air,” Enste said. “We were working behind the scenes for months.
“Our team at the Fire Department has been working tirelessly behind the scenes with President Farr, Vice President Lakernick, Director Heavner, representatives of the Budget and Finance Committee, Mr. John Viola, Mrs. Linda Martin and Mr. Steve Phillips.”
OPVFD has banked $1.6 million for the project with $1.35 million
ly strong and continuing to keep all our amenities top notch,” Farr said. “The new contract reflects the Board’s commitment to providing stability and continuity in leadership, and also underscores our con-
in a PAYGO grant from the state of Maryland already in hand and three separate bonds, thanks to the support of Senator Mary Beth Carozza and Delegate Wayne Hartman.
The fire department has pledged $1.6 million in state grant support plus another $750,000 that it is currently working to raise through fundraising efforts.
“What we have received so far is practically unprecedented,” Enste said.
OPA will supplement the rest of the project costs.
Farr expects OPA to bring the issue of funding to the association members through a referendum vote in 2025, in conjunction with the next Board of Directors election.
Under the OPA by-laws it is necessary for 40 percent of members to vote on a referendum question, so both parties will push hard to turn out voters.
There are a few ways for OPA to raise the money. It could borrow against its own reserves or go to a bank for a loan. The U.S. Department of Agriculture has loan funds available for rural fire departments. That is a decision for General Manager John Viola and the OPA attorneys to make, according to Farr.
Once the new station is built, OPA will own the building and OPVFD will continue to own the land.
To Page 14
fidence in the General Manager’s vision, strategic direction, and ability to navigate the challenges and opportunities facing Ocean Pines.
“We look forward to continuing to work closely with Mr. Viola to build on our achievements and realize even greater success in the future,” he added.
The Southside firestation.
Southside firehouse
From Page 12
“If we are spending the association money, we thought it was necessary to own the building,” Farr said.
The OPVFD will have exclusive use of the facility for successive periods of 50 years, according to the MOU.
Over the past 23 years, five sets of designs and feasibility studies have been drafted for a new station to replace the current Southside firehouse.
The OPVFD has its own building committee of its members. They have identified priorities for a new building that have been factored into current plans.
The current fire station at 911 Ocean Parkway has been in operation since 1981, with additions made in 1985 and 1987. Prior to that, the fire department operated out of the old Community Hall in White Horse Park.
There are certain standards for a new fire station that are required by the National Fire Protection Association as well as building codes.
According to a report by Manns Woodward Studios, the station should have a dedicated decontamination room and decon toilet off the bay, which would prevent potentially hazardous materials from entering other areas of the fire house. This would also allow for cleaning of equipment on site, saving downtime between calls and cleanings.
The current situation means that firefighters are consistently exposed to off-gassing gear and the gear is subject to exhaust, fumes and humidity.
The gear is also not protected from UVrays, which are one of the leading causes of gear deterioration.
A report released last year by the
International Association of Fire Fighters found that occupational cancer is now the leading cause of death among firefighters.
Not only is a decon room important for fire fighting gear, it’s critical to the health of the firefighters and other emergency responders.
Based on the current drawings, the new station will have a decontamination room.
It would also have separate sleeping quarters and bathrooms for both women and men. Currently, there is only one bunk room and one bathroom that everyone has to share. A gym and conference room are also part of the plans.
“We spend a lot of time here. The goal is to have a space that is effective for the career and volunteer staff for now and into the future,” Enste said.
OPA will manage the construction on the South Station property and will collect bids from at least three builders and make a decision in conjunction with the Fire Department. Based on the MOU, the fire house will be constructed to meet industry standards set by the National Fire Protection Association and all state and local regulatory requirements.
The groups are still in the design phase of the project, so there is no specific price point, although previously, it was thought that if the current bays were kept, the price could come in at around $4 million.
Later estimates have the cost at around $5 million.
Those bays that hold the trucks are expected to remain, with two more bays added.
It’s anticipated that the rest of the building will be replaced. During construction, some fire fighting equipment may be housed at the Public Works building and trailers To Page 16
New MOU details financial relationship between OPA, OPVFD
Agreement requires OPVFD to continue fund-raising efforts
By CINDY HOFFMAN Contributing Writer
The new memo of understanding between the Ocean Pines Association and the Ocean Pines Volunteer Fire Department includes a focus on apparatus funding and building a new station to replace the aging Southside Fire House.
But it also covers the responsibilities for other funding needs.
“OPA essentially funds just less than 50 percent of the department’s yearly budget,” OPVFD President Joe Enste said.
The Ocean Pines Volunteer Fire Department regularly pursues grants and other funding opportunities to cover the other half of the budget.
The MOU requires the OPVFD to pursue the maximum available funding from the Worcester
County Commissioners provided volunteer fire companies located in the county. It also requires the department to solicit and obtain funds from private donors, through charitable donation initiatives to maximize the Department’s charitable fundraising each year.
In addition to fundraising through donations, the department is also required to seek all reasonably available and obtainable grants from federal, state, and local governmental sources.
In the event of an emergency, the OPVFD can submit requests for immediate funding. Emergencies outlined in the MOU include HVAC or plumbing failure, or building damage resulting in the loss of use of equipment essential for fire protection. OPA can meet these requests at its discretion.
The department may not apply for loans, fi-
nancing or pledge any assets without OPA’s consent.
According to the MOU, OPVFD is required to report to the OPA General Manager and Board of Directors on its fundraising activities and results and projected results every six months.
If at any time, OPA is not satisfied with the department’s fundraising efforts, it can confer with the department on ways to enhance or expand the fundraising activities.
Any failure to meet fundraising goals and objectives by the Department shall not be used to directly and correspondingly reduce funding granted to the Department by OPA but shall bear upon and be considered in the formulation of future fundraising plans, arrived at after consultation with OPA, the MOU says.
The OPVFD is currently running a number of fundraising efforts including the Queen of Hearts Tournament, the truck raffle, and a brick campaign. The department will also run its annual fund drive in the fall. Mailings go out to Ocean Pines residents. All the funds raised throughout the year help the fire department provide life saving services to the community.
Southside firehouse
From Page 14
will be brought in for staff on site.
Upon completion of the new station and associated improvements, the OPVFD will pay property taxes associated with the South Station property and any improvements.
The department will be responsible, at its expense, but supported in part by the funding provided by the OPA to the department under the MOU, for the maintenance and repair of the South Station and the South Station property.
Other parts of Ocean Pines will also benefit from a larger facility,
including use of the larger meeting space, Enste said.
The 2024 MOU replaces all previous MOUs between OPA and OPVFD.
“For over 50 years, we have proudly served this community. And this new agreement will allow us to continue serving for many years to come,” Enste said. “This is a fun and exciting time to be at the department.”
Last year, it was not as much fun. Talks for a new building were called off, as OPVFD members objected to the proposal transfer of the building’s ownershp to the OPA. That issue no longer is a problem.
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Firehouse referendum now seen as likely
Counsel Bruce Bright says it may not be strictly necessary, depending on the financing mechanism, but that it’s better not to tee up a fight in the community
By TOM STAUSS Publisher
While Ocean Pines Association
counsel Bruce Bright recently indicated that a referendum covering the OPA’s share of the cost of building a new Southside firehouse might not be necessary under the by-laws, he’s now of the opinion that it would be better to conduct one.
He agreed the issue could be argued either way, depending on the method of financing chosen, but that it would be better to hold one as a way of avoiding a “fight” in the community.
Bright’s opinion on any matter holds sway with the Board of Directors, so it’s likely a referendum will be held before the Board of Directors commits to its share of the project.
When the referendum might be conducted has been discussed by OPA management.
General Manager John Viola recently told the Progress that a consensus is emerging that it might be better to hold it simultaneously with the 2025 Board of Directors election.
There is a concern that holding it before the election might not be generate a sufficient number of voters, which under the by-laws is defined as a participation rate of at least 40 percent in any referendum.
Board elections generally occur with a participation rate about 40 percent. A referendum can generate a majority of those voting in favor of a particular proposition, but the referendum fails if the 40 percent participation rate is not met.
This provision of the by-laws was added in the most recent iteration of the by-laws approved by OPA members reveal years ago.
Viola also told the Progress that he and others now considering self-financing as a way of paying for the OPA’s share of construction costs. Self-financing in effect is borrowing from oneself.
In the case of the Southside firehouse, the OPA would be borrowing from its replacement reserve fund at zero or low interest, replenishing that transfer with higher lot assessments over tenor 15 years.
This financing method has been used by the OPA many times over the years, and might be the best way to handle the Southside firehouse, Viola said.
For one thing, it would be “borrowed” at a favorable interest rate, or no interest charged at all.
In addition, he said the OPA recently learned from the Department of Agriculture that it has a buy-in-America policy for all materials used in projects it finances through its rural development program.
That could cost the project higher costs because sometimes buying American is not the least expensive option out there.
The cost to property owners would be about $35 per year on the assessment if the OPA’s share of cost comes in at around $3 million.
That equates to about $350,000 in debt service over ten years.
That $350,000 is well below
the $1 million threshold that triggers a referendum in the OPA bylaws.
Section 5.13 (d) a. of the by-laws that specify Board powers says that “if the total estimated cost [of a capital expenditure], capitalized in accordance with generally accepted accounting principles, of any single capital expenditure exceeds $1 million, the proposed single capital expenditure shall require approval of the members by a referendum.”
Section 5.13 (d) b references capital projects done in phases, and it has been interpreted to mean that if a project phase costs less than $1 million in any given year, no referendum is required.
“‘Single capital expenditure’ re-
fers to the current phase, provided the Association is under no contractual obligation to undertake successive phases,” this subsection reads. It would not seem to apply to the firehouse project, as there has been no discussion that a new fire station would be built in phases.
Bright initially read Section 5.13 (d) to mean that, since annual debt service of about $350,000 is a “single capital expenditure” less than $1 million, no referendum is required. Testing that legal theory would probably require legal action by anyone opposed to it.
However, the by-laws are also clear that any borrowing that exceeds $1 million per year must go to a referendum.
Farr injured in car accident OPA president suffers sprains, strains and numbness but is glad to be alive
By CINDY HOFFMAN Contributing Writer
Rick Farr, president of the Ocean Pines Association, is happy to be alive after being in a car accident that totaled his Hyundai Palisades on Monday, July 15.
Farr was headed to work that morning. When he reached the intersection of Route 50 and Whaleyville Road a man driving a blue minivan pulled out in front of him.
“I did everything I could to stop. I slammed on the breaks, but I plowed right into him.”
Police at the scene and insurance have already declared the other driver at fault, Farr said.
Farr did not walk away unscathed. His left arm, wrist, and both elbows are sprained, and his back is strained. His left shoulder, where the seatbelt crossed over is bruised from the top of his shoulder
to his midsection, according to Farr.
He also has numbness in his hands from the sprain. He said he bent the steering wheel with his hands on impact.
It could have been worse.
“The Hyundai Palisades safety features are second to none. Every airbag deployed. I felt like I was in a cocoon.
“My Blue Link system activated and called 911. Response from state and county police was great. They were there within minutes,” Farr said.
Ocean Pines Chief of Police Tim Robinson also arrived at the scene to check on Farr and alerted General Manager John Viola, who reached out to Farr to see if he needed any assistance.
Farr went to the hospital for x-rays. The other driver did not appear to be injured, according to Farr.
The safety features in Farr’s Hyundai Palisades shown at left after the accident, probably saved his life.
Cell outages pose safety issues: police chief
Pines
By CINDY HOFFMAN
Contributing Writer
Chief of Police Tim Robinson has jumped into the ongoing issue of cell phone reception in Ocean Pines.
Dropped calls and poor cell service are regular occurrences in the community, which is exacerbated during the summer with an increase in vacationers.
Robinson is concerned that this issue could affect public safety. In a true emergency, someone could be trying to call 911 for help and find themselves with no service.
“I knew the reception was bad here, but it has gotten atrocious in the past few weeks,” Robinson said.
He has personally experienced not being able to make a phone call in Ocean Pines.
Over the 4th of July weekend, he could not make phone calls at all. The call either failed or if it went through, the person he was calling could not hear him.
Robinson became chief of police last summer and moved to the community recently, so he is new to this issue, which has been a major complaint in Ocean Pines for some time now.
There have been ongoing discussions with the county and the local carriers over the last few years. The county and the carriers both seem to be open to a solution, it’s just finding a consensus on what that solution is, according to Robinson.
Prior to Robinson engaging on the issue, General Manager John Viola recognized the concerns about this issue and created a working group to explore solutions.
The team worked with a representative from Verizon who asked what areas had the worst reception and for some volunteers for data tracking. The team identified a dozen phone numbers to track data, according to Marketing Director Josh Davis.
They found that the worst reception centered around the administration building, the golf club, on Ocean Parkway at the Rt. 90 bridge, much of South Ocean Pines and along Manklin Creek Road.
Verizon recognized the concerns and met with the Senior Director of Public Works, Eddie Wells and Noby Violante, the Deputy Director of Public Works to look at potential cell tower sites in several locations.
Davis reported that the group also looked at current set-back requirements that require any tower be 1000 feet from the nearest property.
“No place in Ocean Pines is like that,” Davis said, which makes the search for suitable cell tower locations more difficult.
“We did have one independent contractor reach out requesting to put a cell tower on the golf course, which we ruled out,” Davis said.
Verizon has since placed micro towers along Rt. 90 and cell service improved marginally, but that was more about reception in Ocean City than
Ocean Pines, according to Davis.
The working group sent a letter, signed by President Rick Farr, to the major carriers, including AT&T, Verizon, Sprint and T-Mobile in October of last year.
Another letter was sent from Chip Bertino, president of the Worcester County Commissioners.
The letter from Farr stated: “The OPA recently surveyed its members, with 62 percent saying they were unsatisfied or very unsatisfied with the level of cellular service. The Board has not yet called for public hearings on this issue. There is also concern about the access to emergency services with the lack of signals to these cellular customers’ homes.
“As we are sure you are aware, more and more people have abandoned paying for landline phones and are therefore even more dependent on their cellular services. The service degradation in our community has been further expanded, as more of our members are utilizing their homes in the OPA as full-time residents, and/or working from those locations since Covid.”
Bertino and Farr’s letters stated: “...multiple towers exist in the area that could have equipment added to them to focus on home and business locations. Existing equipment might be refocused or upgraded with new software. Further, Worcester County has water towers in the community that have some availability for carriers to utilize on a first-come/first served basis.”
The letters did not generate a single reply from any of the carriers.
The hope now is that with Robinson engaging and raising the public safety issue, a resolution can be found.
It’s in the early stages of that effort.
Work group proposes Parkway bike lane
Would start as demo project, could expand to the entire length of Ocean Pines’ main thoroughfare
By ROTA L. KNOTT Contributing Writer
To improve safety on the main access road serving the community, an Ocean Pines Community Pedestrian and Bike Safety and Access Workgroup wants to test the concept of having a dedicated bicycle and pedestrian lane on Ocean Parkway.
Data and research show most crashes are caused by human error and road design flaws and can be prevented by education, engineering, and enforcement, workgroup chair Patti Stevens, who is also chair of Worcester County Bike and Pedestrian Coalition, told the Board of Directors during a June 20 meeting.
While some safety and access improvements are already being made on the community’s roads, she said bicycle and pedestrian conflicts with Ocean Parkway traffic remain a problem. The workgroup wants to use volunteers to implement a demonstration project to paint bike and pedestrian stencils in colorful blocks along segments of Ocean Parkway.
Stevens said similar projects have been implemented in other communities and have shown a reduction in bicycle and pedestrian conflicts with traffic.
She said the workgroup would like to implement the demonstration project in the fall on several sections of Ocean Parkway and leave the painted bicycle and pedestrian lanes in place for a year “to see how it goes.” The workgroup would like to work with the OPA to install the painted lanes at six to eight locations on Ocean Parkway.
She estimated the cost of the project to be about $2,000. However, when queried by General Manager John Viola, she clarified that cost is only for the materials to paint the colored bicycle and pedestrian symbols on the road. In June, the Coastal Association of Realtors awarded the
workgroup a grant for the demonstration project.
The estimate doesn’t include any repairs that would be necessary to the road surface or debris removal prior to painting. Stevens said in other communities is it the local governing agency that addressed debris clean-up and any road repairs would be the responsibility of the public utility that made the road cuts. “Other communities would hold them to task,” she said of utility companies.
Ultimately, the work group would like the OPA to consider creating a separate bicycle and pedestrian lane along the entirety of Ocean Parkway. Stevens said reconfiguration of the road to narrow the travel lanes and provide for a 6 to 7-foot shoulder would accommodate a bicycle and pedestrian lane.
She said she has actually measured the width of the travel lanes on Ocean Parkway as well as several types of vehicles. She acknowledged that there are stretches of Ocean Parkway that may not be able to accommodate a full 6 to 7-foot lane, particularly along the bridges.
With a goal to “identify ways to improve safety and accessibility for people to walk, bike, and roll in and around Ocean Pines,” the workgroup includes both community and Ocean Pines Association representatives. The concept of the workgroup was first introduced at Ocean Pines Association Board of Directors’ meeting in October 2023.
Members are Police Chief Tom Robbins, Public Works Director Eddie Wells, Paul Rogers of the Maryland State Fatality Review Team, Pam McGregor, recreation and Parks Advisory Committee member, Realtor and avid cyclist Mickey Lobb, and Kerrie Bunting of the Worcester Chamber of Commerce in Ocean Pines.
“They wanted to get involved and find ways
County master plan for bike and pedestrian safety includes key Ocean Pines proposals
Adraft Worcester County Master Plan for bicycle and pedestrian safety and access recommends short-term improvements that includes a sidepath along Route 589 and an Ocean Parkway loop. A proposed long term project would add a sidepath along Route 90 through the community.
Patti Stevens, chairman of the Ocean Pines pedestrian and bike safety and access workgroup formed last year and chair of the Worces-
ter County Bike and Pedestrian Coalition, told the Board of Directors during a June 20 meeting that the recommendations included in the proposed county plan are based on community input.
She called on the Board to submit comments on the plan before the end of the month.
The recommendations for the Ocean Pines area include construction of a Route 589 sidepath trail of 10 to 12 feet wide and set back from the road with a barrier. The plan calls for that sidepath to be developed within 5 years.
that “we could improve things to make this a safety community for walkers and bikers. It’s been an issue that’s come out in our community surveys…” Stevens said.
Shortly after forming, the workgroup had identified issues and opportunities and walked trails with Viola and Public Works Nobie Violante to discuss needed safety improvements. Within weeks the OPA has installed signs at the Sherwood Trail crossings and created crosswalks at those locations. The police department is monitoring for speed violations in various areas near crossings.
After 10 years of waiting and lobbying the state for improvements, in February installation of a sidewalk and crosswalk at Route 589 and Manklin Creek Road was completed. Public Works then built a sidewalk connector to the new Route 589-Manklin Creek Road crosswalk.
In March the workgroup reviewed and provided comments on Worcester County’s master plan for Ocean Pines priorities and submitted two grant applications.
The workgroup collected information on residents share concerns and priorities for bicycle and pedestrian safety at Ocean Pines Day.
The Maryland State Highway Office in May awarded he Ocean Pines Police Department a grant to fund a bike rodeo, e-bike safety course, lights, reflectors, safety guidelines to give out to employees and residents. A Community Bike Ride was held and participants share safety concerns and suggestions.
This summer, the groups is distributing lights, reflectors, and safety information to summer workers through the Chamber and to residents at Farmers Markets and other events.
In the fall, the workgroup plans to conduct a bike rodeo and e-bike safety education course working with Ocean Pines Recreation and Parks and Police departments.
“That doesn’t mean money falls from heaven to make that happen,” Stevens said. She said there will need to be a feasibility study to determine issues like on what side of Route 589 the path would be located. It could shift from shift side to side of the highway based on easement access.
Additionally, she said grant applications will have to be written to cover the cost of the project.
A second recommendation included in the county’s draft plan is for an Ocean Parkway loop on road bike trail. The bike path would use the existing roadway shoulder and take up about 6 to 7 feet of width.
The bike lane would not be demarcated with barriers but only with on road color markings.
“There is room to do that,” Stevens said, adding that Ocean Parkway is wider than needs to be to accommodate vehicular traffic with speeds of 30 to 35 MPH. She said she has measured the To Page 24
Dates set for Tiffany Knupp, Tyler Mailloux prosecutions
By TOM STAUSS Publisher
Tiffany Knupp, the mother of the Ocean Pines teenager who died in July of 2022 in a hit and run accident and Tyler Mailloux, the West Ocean City resident who is charged with various counts of leaving the scene of the accident
in which Gavin Knupp died, both have had dates set for trial.
Tiffany Knupp, president of a non-profit foundation established in her late son’s name, is facing nine charges accusing her of embezzlement, theft and theft scheme.
The charges, which her attorney, Thomas Maronick of Baltimore de-
nied in a June 26 statement posted on her personal Facebook page, are a mix of five felonies and four misdemeanors.
The alleged misuse of funds totals $12,625.
The case will be handled by a prosecuting attorney from Somerset County.
NAVIGATE MEDICARE WITH CONFIDENCE
A preliminary hearing that had been scheduled in Worcester County District Court in Snow Hill in June was canceled.
Unless she and her attorney decide they want the charges heard by an jury, her case is now set for Sept. 10 at 9 a.m. in Snow Hill’s district
To Page 26
From Page 22
width of Ocean Parkway and several types of large vehicles to determine the impact if a bike lane were added. She said in some areas, particularly around brides, the lane may not be able to be fully 6 to 7 feet wide.
Stevens said adding a dedicated and marked bike lane would provide a tremendous increase in safety.
An on road trail to the Yacht Club was the third short-term recommendation in the county master plan. The would simply involve stenciling the roadway to notice bike access.
The longer term goal of 10-years in the future is to construct a Route 90 sidepath and on road trail across the Route 90 Bridge.
Stevens suggested the Board provide feedback to the county on its draft master plan to prioritize the Route 589 off-road trail in 3 phases: connect the South and North gates of Ocean Pines, connect the North Gate to the schools and Showell Park, and them connect the South Gate to Grey’s Corner Road.
Additionally, she suggested the Board support adding the Ocean Pines Beach Club as a priority destination in Ocean City and that when Route 90 is redesigned and widened that the bike and pedestrian path should be off road and separated from vehicular traffic.
Other bike and pedestrian safety and access issues identified by residents include the need for crosswalks and signs to major recreation areas with significant traffic, Stevens said. Those include across Ocean Parkway by the North Fire Station to the White Horse Park Trail and across Ocean Parkway by Public Works and the South Fire Station with a path to the Manklin Meadows Recreation Center.
They also identified the need for a bike and walking route out of South Ocean Pines onto Route 589, possibly along the construction road from Triple Crown Estate to the new light at the Gudelsky Medical Center.
OCEAN PINES BRIEFS
OPSA pays fine for sewer pipe breaks
The Ocean Pines Sanitary Service Area is paying $2,970 in fines for violations related to four wastewater line breaks that resulted in overflows in 2022 and 2023.
The Maryland Department of the Environment issued the fines to settle four sanitary sewer overflow violation fines that occurred between April 2022 and September 2023.
Each of the overflow events was caused by aging pipe material. Since none of the overflow events were related to weather or contractor error, all were subject to the fine.
On April 16, 2022 at 1230 Ocean Parkway there was a cracked section of 6-inch force main that leaked 3,000 gallons. The MDE penalty for the violation was $1,114.
On Oct. 20, 2022 at 1078 Ocean Parkway there was a cracked 6-inch sdr-21 force main leaked 100 gallons and resulted in a penalty of $371.
On March 7, 2023 at 9 Offshore Lane there was a 12-inch crack on the bottom of the force main that leaked 60 gallons for fines of $371.
On Sept. 15, 2023 at 1202 Ocean Parkway there was a 6-inch pipe split that ran the whole length of the pipe and leaked 1,000 gallons. It resulted in a penalty of $1,114.
MDE could have sought fines o of up to $10,000 per day and up to a maximum of $100,000 and civil penalties of up to $10,000 per day for the water pollution violations.
However, MDE offered the county an opportunity to settle, without admission of liability or concession, with a penalty payment in the amount of $2,970.
Payment of the fines does not obviate the need for the County to perform appropriate corrective actions to prevent further overflows.
The incidents resulting in fines were also the reason why the Ocean Pines Sanitary Service Area lost its exemption from the state’s flush tax for a year.
The coveted exemption was subsequently reinstated. The OceanPines treatment provides what is called tertiary treatment of wastewaster that makes the service area eligible for exemption.
It is sometimes said that after the high degree of wastewater treatment at the Ocean Pines treatment plant, the resulting treated water is actually drinkable.
Treated wastewater from the plant is discharged into the St. Marti River.
court.
In the Mailloux case, a motion
hearing has been set for Nov. 21 in Worcester County Circuit Court, courtroom 1.
Latest ‘PinesCast’ features OPVFD president
A recent episode of the Ocean Pines Association’s exclusive podcast, “PinesCast,” features an interview with Ocean Pines Volunteer Fire Department President Joe Enste.
Hosted by veteran journalist and podcaster Tony Russo, PinesCast each week celebratew the region, the amenities and, most of all, the people that make and keep Ocean Pines a special place to live.
The PinesCast is available on all major podcast platforms.
Enste talks about the world of volunteer firefighting, from fundraising efforts for essential equipment to the evolving landscape of the volunteer fire service.
Enste shares valuable insights into the impact of community involvement and the vital role of volunteers in public safety.
Golf members’ council scholarship recipients
The Ocean Pines Golf Members’ Council recently announced $15,000 in scholarships given to a dozen local high school students.
The published list did not indicate which scholarship recipients are Ocean Pines residents.
Scholarships were in part funded by the 40th annual Ocean Pines-Taylor Bank Golf Scramble, held at the Ocean Pines Golf Club on Wednesday, July 17.
The annual tournament supports junior golf clinics and an annual tournament for junior golfers, and funds scholarships for local high school seniors who have shown an interest in golf.
During the last decade, the Golf Members’ Council has raised almost $88,000 for local scholarships.
Scholarships were awarded to Koda Bauer, Worcester Preparatory School, $1,500; Adam Hafez, Worcester Preparatory School, $600; Vanessa Hall, Worcester Preparatory School, $2,800; Simran Jain, Stephen Decatur High School, $1,000.
Also: Daniel Karcheuski, Stephen Decatur High School, $1,300; Anthony “AJ” Kolb, Stephen Decatur High School, $500; Evan Oglesby, Stephen Decatur High School, $3,000; Carson Rayne, Worcester Preparatory School, $1,300; Wesley Simmons, Stephen Decatur High School, $800; Hunter Simon, Stephen Decatur High School, $900; Foster Smith, Stephen Decatur High School, $700; and Claire Windrow, Worcester Preparatory School, $600.
Among motions to be considered are proposals to move the trial out of Worcester County.
Trial dates have been set for March 3 through March 19, next year, apparently with the expectation that the defendant will be asking for a jury trial.
However, a source close to Mailloux said a jury trial is not a given and the request for a change of venue may not be pursued.
If neither happens, then Judge Brett W. Wilson will preside over the trial and decide Mailloux’ guilt or innocence, along with penalties if Mailloux is found guilty of any of the charges.
Other motions, either previously disclosed or not, may also be considered during the hearing.
The investigation leading to Tiffany Knupp’s legal difficulties was conducted by a state police investigator, Sgt. Jonathan Pruitt, based out of the state police barracks in
Princess Anne, the seat of Somerset County.
It’s the likely explanation for why the prosecution of Tiffany Knupp will be conducted by the state’s attorney from Somerset County.
Worcester County State’s Attorney Kris Heiser’s office is handling the Mailloux prosecution.
In the Mailloux case, the Maryland Supreme Court on June 18 denied an appeal motion from Mailloux’ attorney on the issue of the proper court venue for the allegations against Mailloux to be heard. The failed appeal means the case will resume in circuit court.
Judge Wilson had ruled that Heiser’s office had improperly filed the case in Circuit Court.
Heiser’s officer appealed, and prevailed at the appellate court level. Mailloux’ appeal to the state Supreme Court was denied.
BOARD OF DIRECTORS JULY 20 MEETING NOTES
OPA continues to tackle maintenance issues
By ROTA L. KNOTT Contributing Writer
With the amenities “operating on all cylinders,” Ocean Pines Association staff has turned its attention to addressing several maintenance projects throughout the community, General Manager John Viola said during a July 20 Board of Directors meeting.
At the Swim and Racquet Club, deck boards that started popping up were replaced or re-secured in place. He said the boards were a safety issue.
Viola said the Aquatics Advisory Committee reported major cracks in the pathway around the Swim and Racquet Club, but the OPA team was already addressing that safety issue. He said they patched the cracks with cold patch material and are getting an estimate for a top coat thin overlay of asphalt. Additionally, he said the team is repairing bathroom stall doors and adding hand rails in all stalls, also based on reports from the Aquatics Advisory Committee.
With the OPA maintaining a waitlist for boat slips at the marinas, Viola said he is considering converting some small slips at the Swim and Racquet Club for use by personal watercrafts instead of boats. He said he will discuss the proposal with appropriate OPA advisory committees prior to bringing a recommendation to the Board.
Due to the hot summer weather, some boards have also popped up on the Beach Club deck and had exposed nails. Public Works crews immediately repaired the decking. Viola said the Beach Club deck is included in the OPA’s reserve study for replacement in the next few years.
Replacement of bridge wingwalls and piles required by a State Highway Administration inspection was completed on Ocean Parkway bridges at a cost of $149,500.
At the Yacht Club, new inside décor was added to enhance the customer experience, Viola said. The new décor includes panel dividers and artificial plants at a cost of $2,093.90.
Southside firehouse planning
Viola said he met recently with Ocean Pines Volunteer Fire Department President Joe Enste and former Board member Frank Brown on July 17 to go over plans for the new South Fire Station. Brown, a former builder, has been assisting with architectural drawings.
Plans were revised during the meeting to meet OPVFD changes. Next steps are to review the revisions with the Fire Department and develop a funding plan.
Viola said he met with a contractor (the Whayland Company) and reviewed plans for the new Worcester County Veterans Memorial pavilion. Sketches have been prepared and Viola will meet again with Worcester County Veterans Memorial Foundation President Marie Gilmore to discuss the plans. He said the target completion date is just before Veterans Day, in November.
Voting, amenity rights of violators suspended
The Board of Directors voted unanimously during a July 20 meeting to suspend the voting rights and amenity use of 11properties in Ocean Pines and to refer them for legal action.
Linda Martin, director of business administration, said first and second notices of the violations were sent to the owners of all of those properties and no one requested a hearing before the Board.
A property at 29 Quartersatff, which was cited for three violations, was removed from the list for Board action at the meeting because the property has new owners. The OPA will begin the violation notice process again with the new owners.
Properties that the Board found in continuing violation were 162 Teal Circle and 25 Sandyhook Road for three each and 298 Ocean Parkway, 36 Seafarer Lane, 2 Lighthouse Court, 5 Rockside Road, 11 Tail of the Fox, 1126 Ocean Parkway,73 High Sheriff Trail, 29 Cannon Drive and 6 Leigh Drive for one violation each.
Director Stuart Lakernick asked if one of the property owners was really being cited for a trash can violations.
Martin responded yes and said the property owners were given notice that the trash can needs to be put away or screened. However, they haven’t moved it so they are being cited for a violation.
Board makes advisory committee appointments
During a July 20 meeting, the Board of Directors made numerous appointments to advisory committees.
Becky Lehnerd was appointed chairman of the Recreation and Parks Advisory Committee. Other appointments for first terms were Joseph Peloso to Bylaws and Resolutions, Kenneth Petrini to Elections, Karen Kaplan to Aquatics, and Randy Winemiller, Frank Brown and Robert Hillegass to Budget and Finance.
Reserve study
An updated study of the Ocean Pines Association’s replacement reserves will be postponed. Instead of this fall, it will be conducted in the spring of 2026 by Design Management Associates Inc. using a new software tool for evaluating the reserves based on anticipated capital replacement needs.
Viola said the OPA is still within new state guidelines for an update to the reserve study. The original study was conducted in 2017 by DMA, which also did an update referred to a “DMA-lite” in 2021.
The OPA’s current policy, which is in compliance with both the original DMA study and the DMA lite update, is to hold 24 to 28 percent of replacement value of fixed assets in the replacement reserve, excluding the bulkheads. That range was recommended by the Budget and Finance Advisory Committee and approved by the Board. As of April 30, the OPA is projected to have $7 million in this reserve, falling within the identified range of 24 to 28 percent.
Viola has said that the OPA has been selected to serve as a beta tester for the DMA navigator portal for updates to the reserve study. The OPA team will participate in the beta program starting in November 2024 and will complete updates to the study in preparation for the 2026 project.
Grounds and landscaping
Viola said the OPA was contacted by residents about the need for cutting of vegetation around the South Gate pond. Public Works immediately addressed the issue and the grounds were cut.
Additional sand and mulch were installed at the Dog Park at a cost of $5,600 and al Ocean Pines playgrounds at a total cost to date of $6,916. Viola said the mulch helps improve safety, drainage, and comfort at the facilities.
New signs were installed at the Manklin Meadows Recreation Complex and Community Gardens, as a cost of $2,900 and $565 respectively.
Viola said recent maintenance efforts have included bridgework on Golf Course Road, where bridge wingwalls and piles are being replaced at the request of the Maryland State Highway Administration. The total cost is $149,500 and the expense was approved by the OPA Board last September.
After receiving reports of loose boards and exposed nails at the Beach Club, Viola instructed Public Works to immediately repair those areas. He added OPA would continue to monitor the Beach Club for similar issues, and the entire Beach Club boardwalk is due for replacement within the next few years.
Several boards were replaced on the docks and cracks were repaired along the pathway at the Swim and Racquet Club. There are also plans to repair bathroom stall doors and add handrails in the stalls, as requested by the Aquatics Advisory Committee.
Viola said he is also looking into converting several of the slips that are too small for boats into jet ski docks. u
From Page 28
BOARD OF DIRECTORS JULY 20 MEETING NOTES
“We’re getting estimates on that, [and] I already have somebody who is ready to sign up for them,” he said, adding he will also consult the Budget and Finance Committee before moving ahead.
Additionally, Viola said Public Works trimmed the grass around the North Gate Pond, to address concerns emailed to info@oceanpines.org.
Questions about tree cutting
Viola said there was a lot of recent discussion about the rules for cutting down trees in the community.
“What we are going to be doing now, going forward, is we will review for reasonableness and within our [governing documents] new construction and permits, and how they go about cutting down trees on the lots,” he said.
Viola said homeowners still need to get permits from Worcester County when removing any trees.
“Our governing documents are a little more restrictive, and we will have the inspectors out there. That’s a big change from what I’ve seen over the 20-25 years. So, we have listened to the feedback and we’re going to address that,” Viola said.
OPPD puts an end to ‘mini-crime spree’
Chief of Police Tim Robinson said police recently apprehended a suspect of a “mini crime spree” that involved breaking in and stealing cars.
“One of our officers caught them in the act,” Robinson said, crediting newly hired Ofc. Freddie Howard.
Robinson said recent additions on the police force brought staff up to necessary levels to return to 24-hour coverage, without the need for outside assistance from the Worcester County sherriff or state police.
Robinson said Ocean Pines Police will host a National Night Out event on Tuesday, Aug. 6 from 6-8 p.m. at White Horse Park. The event is free and open to the public.
“Come out and visit with the Police Department," he said. "I hope to see everybody out there,’ he said
Drainage improvements
Contractor Pelican Underground is currently onsite installing pipe liners to improve the flow of water through drainage pipes in the community. “This was the best thing we ever did for drainage,” Villa said of the system. “The main pipes that were not functional for years.”
Drainage work is being completed at 28 Admiral Avenue, 1221 and 1223 Carrollton Lane, Capetown Road, 22 Harpoon Road, 34, 44, and 84 Lookout Point, 57 Ocean Parkway, 7 and 52 Pinehurst Road, 27 and 48 Seafarer Lane, 192 Teal Circle, White Horse Drive, and on the Ocean Pines Golf Course at the 18th green and 10th tee box.
The project cost is $210,637. The total expenditure by the OPA on pipe liners from 2021 to the present is $948,765.
New website section
The OPA has added a new section to its website at oceanpines.org and new digital signage to keep residents informed about interesting facts and activities in the community. The “Did You Know” section is featured on website and on a digital sign at the North Gate.
The Did You Know section will rotate facts about Ocean Pines, with the first highlighting Concerts in the Park.
Veterans Memorial pavilion
The OPA is in the planning process for construction of a new pavilion at the Worcester County Veterans Memorial at Ocean Pines. Viola said the OPA has identified an architect and contractor, the Whayland Company, for the project, and local volunteer Frank Brown is completing preliminary drawings.
Viola will meet again with Worcester County Veterans Memorial Foundation President Marie Gilmore to discuss the plans. He said the target completion date is just before Veterans Day, in November.
Yacht Club updates
Viola said new decor was recently added to help enhance the customer experience at the Yacht Club, including panel dividers and artificial plants in the dining room. He said the additions were requested by events manager Lia Isel.
“I think they’re pretty nice! Credit to her,” he said. “I think it’s a big win ... [and] this is enhancing customer service.”
Mailboxes repairs
While the Ocean Pines Association still has more mailboxes and pedestals to replace, Public Works has repaired some of them instead, Linda Martin, senior executive office administrator, said during the general manager’s office update to the Board of Directors.
She provided an update on the mailbox replacement project, which has been at a standstill for months, saying new mailboxes are on order. She said the team is cleaning the existing mailboxes also.
Beach mats
Despite several requests for installation of beach mats at the Beach Club, the OPA can’t have them placed at the amenity, Martin said.
Martin said federal guidelines for handicapped access to the beach state that beach mats are required to be installed one every half mile. Because there is a beach mat installed at 48th Street, next door to the Beach Club, the Town of Ocean City already meets that requirement. She said there would be liability issues if Ocean Pines installed a beach mat at the Beach Club as it would have to be installed over the dune that is owned by the Town of Ocean City.
The OPA does have a handicap beach chair available for use. Anyone who wants to use it to access the beach can contact the lifeguard at the Beach Club Pool.
Dashboard data
As of June 1, there were 247 outstanding property violations outstanding with the Compliance, Permits, and Inspections office. Another 238 violations were initiated in June, including 35 maintenance, trash or debris; 56 no permit, 51 signs, and 96 miscellaneous, such as parking, stop work orders, trailers, and junk vehicles.
Martin recommended that property owners read the recently update guidelines before doing any work on their homes or putting up election signs. She said there have been numerous violations issued for signs endorsing candidates being put up before the permitted timeframe of 30 days prior to an election.
Viola said the OPA has received numerous contacts regarding tree removal in the community. As a result, he said the OPA will be more closely monitoring tree removal to ensure that property owners have the appropriate county and Ocean Pines permits. He said requests for tree removal will be reviewed “for reasonableness” within the restrictive covenants and permitting process.
CPI closed out 224 violations during the month, but there were still 261 remaining as of June 30, including 68 maintenance, trash and debris, 84 no permit, 16 signs, and 94 miscellaneous.
Public Works had 177 open work orders as of June 1 and received 107 new work orders during the month. It closed out 105 work orders, leaving 171 open at end of the month. Martin said most of those open work orders are for drainage issues.
The OPA had 131 customer service contacts in June, including 38 for amenities, 31 for CPI, 1 for drainage, 48 in general questions or comments, and 13 public works.
Aquatics notches record Fourth
Director of Business Administration Linda Martin said the Aquatics Department had a record-breaking Fourth of July Weekend, with about $20,000 in revenue. She said pool business has been robust all summer.
“If you’re a member, we suggest you get there early,” she said, adding members can swim from 8-10 a.m. each day, before pools open to the public.
Aquatics committee chair says event was misinterpreted, was not ‘adults only’
By ROTA L. KNOTT Contributing Writer
Gary Miller, chairman of the Aquatics Advisory Committee, says the group’s proposal for a Sunsets and Cocktails event at the Yacht Club wasn’t meant to be for adults only. Miller told the Board of Directors during the Public Comments segment of its July 20 meeting that the committee’s proposal was “totally misinterpreted.”
Director Stuart Lakernick, liaison to the Aquatics Advisory Committee, presented the proposal for Board consideration in June. The Board tabled consideration of the request after General Manager John Viola and Legal Counsel Bruce Bright said the OPA can’t hold adults-only events at the Yacht Club.
Miller said that’s not what the committee proposed. He said it simply suggested holding the event for singles, couples and retirees but that it would be open to everyone. He likened it to Family Fun Nights at the Yacht Club swimming pool where the target audience is families with children but anyone can attend. He argued that the idea that the OPA can have Family Fun Night but not the proposed Sunsets and Cocktails “doesn’t make any sense.”
Currently, there are no events in Ocean Pines geared toward that segment of community, seniors, couples and singles, Miller said. The committee’s idea was to have an inviting event for that group of residents.
The committee’s proposal was to charge a fee that would cover the cost of lifeguards and other staff while
remaining cost effective for attendees. If the event is successful, future Sunsets and Cocktails could be offered on a regular basis at the pool to generate additional revenue throughout the summer. Working with Mat Ortt C, the OPA could provide hor d’ouvres and specialty cocktails as well.
“Our proposal was not for an adults-only event,” Miller said. He said he hoped the OPA’s attorney understands and can give an opinion on the proposal with a clearer understanding of the event.
At the June Board meeting, OPA Attorney Bruce Bright said he thinks his office looked at such a proposal last year and advised against it. At that meeting the Board asked Bright to revisit the issue and provide an updated opinion. That is yet to happen.
Also during Public Comments, Resident Karen Kaplan asked about the possibility of the OPA sharing with the community a “red line” budget at least 14 days prior to the Board voting to accept the annual operating proposal. She said she brought up the issue at an OPA election candidate forum and OPA President Rick Farr said that he would support sharing the budget earlier in the process.
General Manager John Viola asked Kaplan if she was requesting a draft of the budget in August for the annual meeting. “We don’t start the budget process until September,” he pointed out. He said he understands Kaplan’s intent for members to have an earlier look at the budget but that she is asking for it during the wrong month.
OPA records a positive $176,000 operating fund variance in June
For the year through June, the positive variance is just above $429,479
By TOM STAUSS
Publisher
The Ocean Pines Association continued its robust start to Fiscal Year 2024-25 with a positive operating fund variance of $175,672 in June, the second month of the fiscal year. For the first two months of 2024-25, the year-todate operating fund surplus was $429,479
Revenues in June were over budget by $186,438 and total expenses were over budget by $10,766.
The $429,479 year-to-date operating fund surplus was driven by revenues over budget by $417,830 and expenses under budget by
$11,649.
For June, all amenity departments were in the black except for tennis and aquatics. All but tennis recorded positive variances to budget for the month. For the year so far, all amenity departments are ahead of budget.
Golf continues to be the OPA’s most profitable amenity year-todate, with $477,939 in net earnings and ahead of budget by $118,122.
For June, the net operating was $39,981, ahead of budget by $9,697. A year ago through June, golf had net earnings of $415,847. The yearover-year improvement is about $62,000.
Beach parking is the second highest net producer for the OPA. Through the end of June, this cash cow netted $443,768, ahead of budget by $43,389. For the month of June, beach parking netted $68,530, ahead of budget by $3,335.
A year ago through the end of June, beach parking had netted $422,110. The year-over-year improvement is about $22,000.
Aquatics is the third highest revenue producer so far this year, with $250,114 in net earnings, ahead of budget by $34,809.
OCEAN PINES ASSOCIATION
During June, Aquatics actually recorded a loss of $5,111, but that was ahead of budget by $28,479.
OPA NET OPERATING RESULTS BY DEPARTMENT - June 2024
A year ago through the end of June, Aquatics had netted $265,931, so this year’s pace is off last year’s by about $16,000.
Marinas have gotten off to an excellent start as well, recording earnings of $231,160 through June, ahead of budget by $12,631.
During June, net earnings were $10,134, ahead of budget by $12,554.
A year ago through the end of June, marinas had netted $202,637. The year-over-year improvement is about $28,000.
The Yacht Club recorded earnings of $94,124 though the end of June, ahead of budget by $25,342.
For the month, the Yacht Club netted $73,316, ahead of budget by $25,768.
A year ago through June, the Yacht Club had netted $83,112. The year-over-year improvement is about $11,000.
Pickleball is the next highest net producer for the first two months of the fiscal year, with earnings of $75,134, ahead of budget by $3,825.
For the month of June, pickleball
June financial results
From Page 29
netted $9,437, ahead of budget by $5,408.
A year ago through June, pickleball had netted $63,867 for the OPA. The year-over-year improvement is about $12,000.
The Beach Club food and beverage operation has earned $59,278 through the end of June, ahead of budget by $49,097.
For the month of June, its first full month of operation for the year, net earnings were $49,942, ahead of budget by $28,999.
A year ago through, the Beach Club had netted $17,381. The yearover-year improvement is about
$42,000, which bodes well for this seasonal operation.
The Clubhouse Grille has netted $51,132 through June, ahead of budget by $19,290.
For the month, the net was $$33,317, ahead of budget by $20,794.
A year ago through June, the Clubhouse Grill had netted $39,939. The year-over-year improvement is about $11,000.
Tennis is $16,664 in the black through June, but that’s under budget by $5,230.
For the month, tennis lost $16,037, missing its budget by $11,272.
A year ago through June, tennis recorded $15,594 in net earnings. The year-over-year improvement is
about $1,000.
Platform tennis has gotten off to a respectable start for the year, netting $14,065 through June, ahead of budget by $8,718.
For the month, platform tennis netted $1,935, ahead of budget by $6,882.
A year ago through June, platform tennis had netted $8,107. The year-over-year improvement is about $6,000.
Reserve funds: The OPA’s reserve fund balance through the end of June was $9.39 million, down from $9.795 million in May.
The replacement reserve was funded in the amount of $6,461,896, bulkheads/waterway $1,125,110, drainage $444,756 and capital
$104,965.
Balance sheet: As of June 30, the OPA had $45.858 million in assets, compared to $44.551 million at the same time in 2013.
Membership: OPA amenities in totality have reached 101 percent of budget as of the end of June. Total memberships sold through June 30 were 3,821, compared to $3,692 at the same time in 2013. Dues collected through June were $1,235,168, compared to the budgeted $1,222,408. The positive variance is $12,760.
Golf memberships are the driving force in these results, reaching 138 total memberships by the end of June and 126 percent of budget. Golf cart packages are doing even better, reaching 53 memberships and 130 percent of budget.
Other departments have a ways to go to reach budgeted membership numbers.
Beach parking through the end of June had reached 92 percent of goal, aquatics was 95 percent, tennis at 88 percent, platform tennis at 99 percent, and pickleball at 91 percent.
Combo racquet sports had reached 142 percent of goal at the end of June.
June cash position at
$19.2 million
The Ocean Pines Association’s cash and investment position decreased about $100,000 from the end of May to the end of June, with about $19.1 million on hand on June 30. That compares to $19.2 million in cash as of May 31.
According to a report by OPA Treasurer Monica Rakowski at the July 20 Board of Directors meeting, cash increased $1 million from the same time last year.
Of the cash on hand, $10.6 million was invested in CDARs, and $58,000 in interest income was recognized in June.
The remaining $8.5 million was invested in an insured cash sweep, treasury bills, money market and other operating accounts, diversified between two local banks.
Ocean Pines’ snake rescuer, Russ Lederman
By CINDY HOFFMAN
Contributing Writer
Russ Lederman of Ocean Pines has an unusual hobby. He likes to catch snakes. Lederman is a known snake rescuer in Worcester County. He started out helping friends and neighbors in the community. Eventually, he decided to promote his services on Nextdoor.
“There’s no charge, if you want to tip me or give me some gas money, I appreciate that, but it’s not required. I just want to relocate the animal rather than it be harmed,” Lederman said.
He knows there are many people who are cursed with ophidiophobia, or an overwhelming fear of snakes and he wants them to know he is here to help.
Sometimes he can get multiple calls a day.
He’ll go anywhere in Worcester County to catch a snake. He releases them in safe remote locations far from housing and low traffic areas so they can carry on their lives without fear of human interference.
Most of his calls are referrals from Worcester Animal Control, which will not come out to deal with snakes.
“I am happy to do this,” Lederman said.
“I don’t want to see snakes killed. If you have a problem with a snake being on your roperty, I will catch it and release it in a rural area.”
Those who call on his services will not get a sermon on the benefits of leaving snakes be. He is more interested in rescuing snakes than trying to make converts out of those who fear them. “The main thing I see here is that most people are not able to identify species in Ocean Pines,” Lederman said.
Ocean Pines is home to ringneck, Dekay’s brown snake, garter, northern water, black rat, black racer, copperheads and the hard to find eastern king snake.
“The garter snake is the most common in Ocean Pines. Next would be the black rat snake.”
“The longest specimen [of black rat snake] that I have caught in Ocean Pines was right at six feet in length,” Lederman said.
Black racers are more slender and not quite as long but they are one of the fastest North
American snake species coming in second to the coachwhip snake, which is not found on Delmarva, Lederman said.
The only snake on this list that is venomous is the copperhead.
“There are copperheads that are seen from time to time mainly in South Ocean Pines, where homes are adjacent to more wooded areas,” he said. “I have not been called at this point to a location where they turned out to be a copperhead. So many worry that the snake on hand may be one.”
“Copperheads have very unique patterns that I describe as appearing like Hershey kisses, wide at the bottom of the snake and narrowing toward the top. No other snake here has this pattern and rest assured there are no rattlesnakes on the Eastern Shore despite what some people may say.”
“There are no water moccasins (pit vipers) on the Eastern Shore. The furthest north that they range is the Dismal Swamp in Virginia Beach. They cannot hibernate. We have plenty of northern water snakes, a harmless colubrid species. These are what are mistakenly identified as water moccasins.” Lederman said.
He encourages people to do search online for snakes of Worcester County to find the names and pictures of the snakes found in this region.
“Snakes are so vilified. I have this affinity for them and their situation,” he said.
“Snakes were here before us. The attitude of coming in and clearing out what you deem as bad animals is a flaw in the human psyche. It’s simply not right.”
Snakes play an important role in the ecosystem. Snakes provide natural rodent control. Smaller snakes will eat toads and earthworms and insects.
“It’s beneficial for humankind to learn how to live with the wildlife around us,” Lederman said.
Lederman warns people who don’t want snakes on their property to not use Snake Rid or mothballs, both of which are toxic to the environment and animals; as well as people.
He knows several cases where people spread moth balls under their home to keep snakes away and ended up getting sick themselves from the mothballs. “Don’t do that, call me instead if you find a snake.”
He encourages people to not touch or harass the snake, just keep an eye on it until he can get there. He reminds people that it is illegal to kill any species of snake in Maryland. Just call him instead. He’ll be right over. Text him at 410-251-4052.
Above, Russ Lederman with a black racer snake he captured in South Ocean Pines.
Left, Russ Lederman with a black rat snake he captured in North Ocean Pines.
Into the Sunlight with author Mary Tilghman
By CINDY HOFFMAN
Contributing Writer
Mary Tilghman’s latest book, “Step into the Sunlight,” is an homage to Ocean City that will charm locals and visitors of this vacation community.
Tilghman, a part time resident of Ocean Pines and longtime lover of Ocean City, based her latest romance novel in the beach resort. Her main characters, Ava and Paul were “born on opposite sides of the Boardwalk,” Tillghman said.
Both are struggling between committing to their family businesses or choosing to follow their own passions: Ava, as the daughter of the owner of the locally beloved Bridgid’s Fry Stand, modeled off of Thrasher’s Fries on the Boardwalk, and Paul, as one of twin sons whose father owns the local amusement park, modeled after the famous Trimpers Rides.
Ava’s dream of launching a career as an artist takes her to California’s wine country, where she gains confidence and clients. Paul abandons a promising conservation internship to run the family’s business after his father becomes mayor of Ocean City and his twin brother Charlie, who has been groomed for this position, abandons his father’s plans to open a surf shop.
Clearly, Ava and Paul are meant to be together, but have to jump many hurdles, including careers, class, distance and more importantly, the magnetic charms of Charlie, which has attracted Ava to the twin since the three of them were in high school at Stephen Decatur.
But don’t worry. “I can’t read a book without a happy ending,” Tilghman said. One can assume that means she cannot write one either!
The reader will recognize numerous landmarks in the book, which makes it a great beach read for an Ocean City vacation.
Tilghman did not start out as a romance novelist. In fact, she never read them growing up. Her mothers frowned upon them. Knowing she wanted to be a writer from an early age, she focused her attention on Dickens and Russian authors.
“I wanted to read the best authors,” Tilghman said.
Prior to her current career as a romance writer, she was a journalist. She spent 45 years writing for
“People who say they don’t like to read that smut, they are not reading romance. You open one of these books and you go someplace else.”
MARY TILGHMAN
numerous publications, Patuxent Publications, The Star Democrat, and Catholic Review. She also wrote the Frommers Guide for Maryland and Delaware for six years.
One of her assignments was to cover a meeting of the Maryland Romance Writers.
“It’s a big group and part of a national group which teaches people how to get published,” Tilghman said. She noted that famous writers such as Nora Roberts and Laura Kay are members of the Maryland chapter.
At the time, she had no interest in becoming an author.
But later, her daughter Gina asked her to participate in National Novel Writing Month, held every November. The goal of the month is to write 50,000 words. That’s basically a novel, according to Tilghman. While she did not accomplish that
in the first year, she participated again and produced her first book, “Divided Loyalties,” a work of historical fiction about an Irish girl who defies her father to defend her new country after the Battle of Antietam.
She then joined the Maryland Romance Writers, which helped guide her in publishing her book. She got hooked reading books by fellow writers.
“People who say they don’t like to read that smut, they are not reading romance,” Tilghman said.
She sees value and purpose in romance novels.
“You open one of these books and you go someplace else,” she said.
She loves the escapism of romance novels. Her books always include ties to family and some kind of travel that provides her characters with the knowledge they
need to go back home.
Faith is important to Tilghman, so she sprinkles a “tiny hint of faith” in all her books.
In December, she left journalism. She had been freelancing since 2017 to devote more time to family and writing.
She has published six books and has ten books in the works. Her father is her first reader for each book.
Tilghman is part of the larger Tilghman family that has roads and islands named after them.
“My side of the family did not have an island named after it,” she said.
She has recently completed another novel focusing on one of the Tilghmans. The novel is about Rosalie Tilghman Shreve, great granddaughter of Col. Tench Tilghman, who was “aide de camp” to General George Washington during the Revolutionary War.
Tilghman Shreve was a Civil War widow whose family lost its fortune. She succeeded in running boarding houses and then decided to build the “grandest hotel” in Ocean City, and name it after her family’s plantation, Plimhimmon Hotel.
Being a woman entrepreneur was not unique in Ocean City at the time. In the early part of the 20th century, there were 32 hotels in Ocean City and 30 of them were run by women. The hotel stood for six decades until it was destroyed by a fire. Today, the site is home to Plim Plaza.
The book is finished and she hopes to get it out next summer. This is her third book based on history and second book based in Ocean City. She also has a book set in Chincoteague, called “Fearless Summer.” Her years writing the Frommer’s Guides inspired her to set a few of her books in the region.
Tilghman boasts that all her books are suited for any age. “You can feel comfortable passing my books to older or younger friends and relatives.”
Caprichos Books in Ocean Pines has all of Tilghman’s books. Read more about her books at maryktilghmanwrites.com
A multi-author signing with romantic suspense authors Nonna Henry, a Berlin resident, and Kristie Wolf will be held at Caprichos Books on Saturday, Sept. 14.
Rain or shine, Pin’eer Craft Club craft festival set for Aug. 3
The Pine’eer Craft Club will host its annual August Craft Festival on Saturday, Aug. 3 from 9 a.m. to 3 p.m. in both the Ocean Pines Community Center and White Horse Park.
A tradition in the community for nearly five decades, the event will feature dozens of local artisans and crafters selling 100% handmade items and unique home décor.
Craft Club President Sharon Puser said many of the creators return for the event each year.
“We try to offer a nice array of crafts, from pottery, wreaths, wood signs and fiber crafts to sea glass jewelry and specialty home décor,” Puser said. “Our event chair, Kelly Shoaf Davis, asks that each applicant submit photos of their work, and she takes great care in
her booth arrangement.”
The Kiwanis Club will sell lunch items during the festival, and Craft Club members will host a bake sale featuring a variety of sweet treats that sell out each year.
The event is free and open to the public and offers free parking. There is no rain date, and the festival will go on, rain or shine.
“If you want to see even more locally handcrafted items, be certain to stop in at the Artisan Gift Shop just across White Horse Park from the Community Center,” Puser said. “The shop will be open during regular hours of 8 a.m. to 3 p.m. We showcase seasonal items as well as home décor favorites.”
The club will also host the annual Holiday Craft Fair on Nov. 2. Space for the event is already sold out.
OPPD to host national Night Out event Aug. 6
The Ocean Pines Pines Police Department’s annual Night Out will be held from 6-8 p.m. at White Horse Park on Tuesday, Aug. 6, welcoming the public to join in the festivities.
National Night Out is an annual initiative observed across local communities since its establishment in 1984.
Taking place on the first Tuesday in August, the event aims to foster positive police-community partnerships and enhance neighbohood camaraderie, ultimately working towards creating safer and more secure neighborhoods.
Residents and visitors of Ocean Pines are invited to partake in this occasion, filled with entertainment and valuable opportunities to engage with law enforcement.
Ocean Pines Police will host various games to entertain and engage participants. Attendees will also have the chance to indulge in complimentary food offerings and free giveaways.
For more information about National Night Out, contact the Ocean Pines Police Department at 410641-7747.
Get Involved, Worcester Gold ask for summer camp donations
Ocean Pines Get Involved and Worcester County GOLD are teaming up to help collect supplies for local at-risk children attending summer camps on scholarship.
Worcester County GOLD is a nonprofit providing emergency financial assistance and basic needs items for county residents living with low income.
The nonprofit will supply scholarships for around 100 children to attend summer camps. They are asking for donations of the following items: towels, sunglasses, sunblock, sandals, swimwear, cinch bags, Socks, hats, shorts, tee-shirts, water bottles and bug spray.
New, unused items only may be dropped off in a donation box in the Ocean Pines Administration Building lobby, 239 Ocean Parkway. For more information on the donation drive, contact organizer Esther Diller at esmatt4@aol.
Bowling League champions
Ocean Pines Mixed Bowling League champions following a season-ending roll-off on April 12 at Ocean Lanes in Ocean City were,left to right, Donna Kelly, Pam Barkett, Dick Topper and Brenda Littleton. The roll-off pitted the Monday champions and the Tuesday champions of the bowling league. The Monday Champions were the Herons (aka Dick’s Chicks) with team members Pam Barkett, Donna Kelly, Brenda Littleton and Dick Topper. The Tuesday Champions were the Killdeers with team members Sue Larue, Bob Mathers, Lynne Waugh and Paul Wollschlager. The Herons became the official 2024 League Champions winning the best two of three games. The league will begin its next season in late September. The league has been active for more than 25 years. This year there were 24 teams divided between Monday and Tuesday. It’s a mixed league with four people on each team. Ccontact Barbara Harman at 301-980-7798 for more information.
Disinterested voters? Maybe it’s satisfied voters
It was somewhat disconcerting to hear at the July 20 Board of Directors meeting that the number of ballots cast in this summer’s Board of Directors election with only three weeks remaining before the Aug. 6 deadline were underwhelming.
As of Tuesday, July 16, there had been 667 on-line votes cast, and 1,880 paper ballots submitted, not including hundreds that have been dropped off at the police station ballot box.
Excluding those police station ballots, the tally with three weeks left in the voting was 2,247 ballots cast so far. Without the simplicity and ease of e-voting emerging this summer after a lapse last summer, one can imagine an even lesser vote tally three weeks before the deadline.
With the Elections Committee reporting that there were 7,777 eligible votes in this year’s election, that means that 28.89 percent of property owners have voted as of July 16, a number that will surely much better as more late-voters send in their ballots and the police station ballots are counted.
Last year, the Elections Committee retrieved ballots from the police station periodically before sending them on to the vendor, but staffing issues caused the committee to revisit that this year, opting instead to send the police station ballots at one time after the Aug. 6 voting deadline.
In the end, how many police station ballots are cast won’t mean much to the election outcome.
The 28.89 percent participation rate with three weeks remaining before the deadline compares unfavorably to last year’s percentage after all the ballots were counted.
Last year the participation rate was 38.4 percent, with 2,993 votes cast out of those eligible.
That was 89 more than the prior year.
The trend isn’t a positive one.
son the OPA is doing so well under any metric one might choose to measure success.
An example of that are two recent accomplishments of the Board and Viola -- completion of a new four-year employment contract with a fifth year option for Viola and completion of a new Memo of Understanding between the OPA and the Ocean Pines Volunteer Fire Department. It’s a monumental achievement and was and is a critiical frst step in building a new Southside fire station.
the 2022 contract, he needed at least a 3.5 to get a nice bonus. Below a 3.0, it was a fat nothing. Presumably his ratings have produced some reward in recent years.
Assuming the same scoring system and incentives are in place in the new agreement, then Viola could be earning up to an additional $40,000 per year in bonuses during the life of the contract.
critical first step in building a new Southside firehouse for the OPVFD.
It also changes the formula for the OPA’s cost-sharing in the acquisition of new equipment. It had been a 50-50 share in earlier iterations of the MOU, but the OPA has agreed to step up with a new percentage of 75-25, with the OPA absorbing the lion’s share of the cost of newly acquired apparatus.
The 2022 agreement included a $10,000 retention bonus and another $30,000 in potential incentive earnings.
All in all, it’s ingenious, and there’s no compelling reason to withhold details of these incentives.
The Board should be proud of its work product.
The impression from Viola is that he would have no problem with full disclosure, but isn’t going to defy the Board.
He shouldn’t. He works for the Board and isn’t in the habit of defying its directives.
Including the ballots sitting at the police station and not yet counted, there need to 756 additional votes cast to reach last year vote totals.
tion and not yet counted, there needed to be 746 additional votes cast to reach last year’s totals.
It seems possible, even likely, that the particiaption rate will drop further this summer, year over year.
What does that sugest about members of the Ocean Pines Association?
What does that suggest about attitudes of members of the Ocean Pines Association?
Probably not much more than general satisfaction with the management of Ocean Pines. Lives are busy, and what tends to focus the mind are challenges, problems. Though no doubt there are OPA members who don’t care about the governance of their commuity, so long as problems are minimal, the simple fact is that Ocean Pines is not a community beset with problems.
There are important tasks, of course, that need doing, but most of the heavy lifting in Ocean Pines is handled by the general manager and his capable stable of department heads. But the Board of Directors’ supervisory role over John Viola and oversight role over policy in Ocean Pines needs to be acknowledged. It’s an important rea-
The relationship bertween the OPA and the OPVFD is now on a firm footing, with the acrimony of a year ago in the rear view mirror. The credit for that should be shared, as comments from certain directors and the OPVFD president on the page opposition surely demonstrate. What every writes is spot on accurate.
opposite page surely demonstrate. What everyone writes is spot-on accurate.
The Board also is to be commended for keeping John Viola around for another four years, possibly five, and Viola deserves extra credit for hanging around when he doesn’t really need the job or money.
Bruce Bright’s explanation for the relative lack of transparency is that contract details are part of Viola’s personnel file and are therefore not among association documents that must be released. The question is: Can they be?
What is somewhat disconcerting is that the
The other is that the Board doesn’t want these kinds of details out in the public domain to be recorded by future applicants to Viola’s job whenever he decides to hang it up for good.
That at least has a plausible veneer, but in the end it isn’t the most persuasive argument that Bright has ever made.
$260,000 per year, making him one of the best paid governmental or quasi-governmental executives on the Eastern Shore.
What is somewhat disconerting is that the Board has decided to keep some details of the contract under wraps,except for a top-line salary of $210,000 and a $10,000 annual increase on the anniversary date in the subsequent years. By the fifth year, should it come to that -- and let’s hope it does -- then he could be pulling down close $250,000 per year, making him one of the better apaid governmental or quasi-government executives on the Eastern Shore.
Richly deserved. The OPA has never been more competently governed in its 50-plus history.
For one thing, the objective should be to keep Viola as the GM after the expiration of the current contract. No reason to fret about what future applicants know or don’t know if the objective is for another extension in four or five years.
Another is that among his possibile replacements, one currently employed by the OPA comes to mind and the other is a former department head employed elsewhere, then the likelihood is that the best and most likely candidates already are well aware of the incentive bonuses.
Until this year, it was all very transparent.
features of prior agreements. Two years ago,
one member of the local press corps. This year, evidently constrained, he didn’t, but he offers
But in a somewhat discordant note, the Board apparently is on board with a decision by OPA President Rick Farr with the support of legal counsel Bruce Bright not to disclose details of the contract’s incentive clauses, which have been features or prior agreements. Two years ago, Viola released a copy of the contract to at least one member of the local press core. This year, evidently constrained, he isn’t, though he offers enough clues that reasonable guesses can be made about them.
Sooner or later, it was likely that the Progress would part company with the current Board on some decision it’s made, and it’s hardly surprising that the disagreement would be over disclosure of certain documents.
We’re in the reporting business, after all.
formance incentives, and they seem similar to
Viola released the broad categories of the performance incenstives, and they seem similar to prior year provisions.
Check out the article elsewhere in this edition of the Progress for details.
According to Progress reporting in 2022, the metric for measuring his success -- a one through five scoring system of the various objectives, then averaged among the directors -- produces a composite number for receiving a bonus. Under
The Board has its own priorities and on rare occasions it may well clash with those of the legacy media. Some legacy media more than others.
There’s time for the Board to change its mind, of course, especially if there are some significant changes in the new agreement from what was in the old one. Best guess: It would be hardly noticed and remarked upon. In the meantime, one disagreement when there is much agreement on other matters is perhaps the take-away of greater significance. -- Tom Stauss
OPA, OPVFD approve historic new agreement
The Ocean Pines Association Board on Friday, July 12, unanimously approved a new memorandum of understanding with the Ocean Pines Volunteer Fire Department. The agreement includes provisions for fire protection and EMS services by OPVFD, funding of the Fire Department by OPA, and construction of a new South Fire Station. Several OPA Board members and OPVFD President Joe Enste commented on the new agreement during the meeting:
OPA President Rick Farr:
“Tonight, I would like to thank my fellow Board members, our General Manager John Viola and his team, Chairman Doug Parks from the Budget and Finance Committee, Ocean Pines Council ruce Bright, the leadership of Ocean Pines Fire Department: President Enste and Chief
“Widgeon and the Board and the Fire Department General Counsel Genevieve Macfarlane, for bringing us to where we are today, a historical moment for Ocean Pines.
“This team has worked together for the past several months, where the relationship with Ocean Pines Association and the Fire Department has become very strong with one collective goal in mind, which is to continue to provide outstanding emergency medical services [and] fire and rescue protection services to all of Ocean Pines residents, with state-of-the-art equipment and a state-of-the-art new building.
“This new memorandum of understanding and provisions within this agreement between Ocean Pines Association and the Volunteer Fire Department accomplishes this goal.
“Again, thanks to everyone in making this agreement a reality.”
Fire Department
President Joe Enste:
“Tonight, we have an opportunity to make history as we consider a new memorandum of understanding between the Ocean Pines Association and the Ocean Pines Volunteer Fire Department.
“Our team at the Fire Department has been working tirelessly behind the scenes with President Farr, Vice President Lakernick, Director Heavner, representatives of the Budget and Finance Committee, Mr. John Viola, Mrs. Linda Martin and Mr. Steve Phillips.
“Together, we have crafted an MOU that is fair to both sides and designed to stand the test of time. For those who may be wondering why there is a need for a new MOU, the original MOU was ratified in 1975 and then replaced with a new version in 1977.
“Over the years, numerous addendums have been added, complicating the relationship between the OPVFD and the OPA.
“The proposed MOU we are considering tonight aims to clarify the relationship and the responsibilities of each organization, ensuring a clear and effective partnership now and in the future.
As one of only 10 recognized and chartered volunteer fire departments within Worcester County, we take our responsibility to provide fire and EMS service to this community very seriously.
‘For over 50 years, we have proudly served this community. And this new agreement, if approved tonight, will allow us to continue serving
for many years to come.
Thank you in advance of the Board of Directors for your consideration.”
OPA Treasurer
Monica Rakowski:
“It was time for OPA to reopen the door for negotiations to get this deal done with our Fire Department. This deal is a win for our Fire Department and our membership. It’s a win for everybody.
“This deal goes a long way to supporting recruitment and retention of our firefighters. It is up to us, OPA, to help sustain a robust and active force of firefighters.
“Supporting our Volunteer Fire Department has a direct and measurable impact on public safety.
Communities with well-funded and adequately staffed fire departments often have a lower home insurance rates, reflecting the lower risk of significant fire damage.
“I thank the Fire Department and my colleagues for this team effort in getting us to this point.”
OPA Director
Jeff Heavner:
“This is indeed a new era of cooperation. It’s more like getting a new in-law through marriage, but one that you really like.
“A carefully crafted memorandum of understanding will enable the Ocean Pines Volunteer Fire Department to provide exceptional fire protection and emergency medical and rescue services for decades to come.
“This Board continues to bring out the best in each of us and deliver wins for our Association, spending money wisely and focused on our strategic plan.
“I might sound like a broken record, but it really matters. We are all dialed in to keep Ocean Pines a premier resort community, with exceptional value and quality of life.
“This vision is built upon five support pillars: quality governance, superior safety, top-tier amenities, fiscally responsible infrastructure maintenance, and community beautification.
“Our priorities continue to evolve with our successes. Getting a multiyear deal done with John Viola was on our short list, and getting this MOU deal done is huge.
“I have been involved in this top priority, and I urge my fellow Directors to approve this when we vote very shortly.
“The community and our Ocean Pines Volunteer Fire Department are winners. We have and continue, like Rick says, to build a first class, and as referenced, a family relationship.”
OPA Secretary John Latham:
“I just want to thank you all tremendously. Thanks for working with our group and getting it done. All the hard work is starting to pay off here. We’re happy to support it. Thanks for making our community safe, and … you’ll get my support.”
OPA Director Elaine Brady:
“It’s 100 percent groups working together that make these things happen. And I’m just thrilled that in the short span of time we were able to do that. “Bruce [Bright, OPA general counsel], also thank you, because I know you knocked this thing out in record time in order to satisfy everybody’s concerns, gather the input that was coming from everyone, and draft a document that really will serve us well into the future.”
OPA Vice President Dr. Stuart Lakernick:
“I just wanted to comment on the professionalism of the Fire Department’s executive board, their team, their president, their chief. We are all in this together, and this makes us a big one instead of two. And I just wanted to thank you guys.”
The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. 127 Nottingham Lane, Ocean Pines, Md 21811 PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com 443-359-7527
Frank Bottone frankbottone@gmail.com 410-430-3660
Rota L. Knott 443-880-3953 Cindy Hoffman 202-489-5587
COVE
CURRENTS
Two incumbents, two former directors file applications to run for Cove Board
Silfee, Glick, seeking new terms, joined by Holland and Costello; slate of four endorsed by Concerned Citizens president to compete against them
By TOM STAUSS Publisher
Two incumbent members and two former members of the Captain’s Cove Golf and Yacht Club’s Board of Directors have filed for re-election, seeking new threeyear terms, the Captain’s Cove Currents has learned.
The filing deadline for the Board of Directors contest is Aug. 1, and eight candidates have filed so far.
More could file by the deadline. CCGYC had not issued a formal slate of candidates prior to press
time for this edition of the Cove Currents.
A candidates’ forum is set for Sept. 6, with balloting to begin shortly after.
Results of the election will be announced at the annual meeting in November, with the new term starting at that time.
The incumbent directors running for reelection are Jim Silfee and Michael Glick. Silfee and Glick are investors in CCG Note, the Cove’s Declarant.
Other candidates who have
filed include Roger Holland, John Costello, Gini Weslowski, Cathrine Malstrom, John Hvizda and Patti Borrelli.
Holland is a former director who like Silfee and Glick are CCG Note investors.
Costello is a former director and department head in Captain’s Cove, but recently relocated and is no longer a full-time employee. If elected, he has said he will resign from any remaining paid duties. He continues to own a lot in Captain’s Cove.
There are four directors on the
current Board whose terms are expiring this November, to be filled in the election,
In addition to Glick and Silfee, the seats are currently held by Frank Haberek and George Guthridge, neither of whom had filed for reelection as of July 26.
As about 1,100 votes are controlled by the declarant, CCG Note, by virtue of large inventory of building lots under its control, the three CCG Note candidates could be presumed to have enough votes to win the election for another three-year term.
In addition, there is a contest for one alternate seat on the Board. As of July 25, one Cove resident, Tom Polaski, has filed for election to that position.
Concerned Citizens of Captain’s Cove President Teresa Birckhead in a recent social media post indicated that she is supporting four non-incumbents running for the Board this year. Costello is not included.
“The Class A members need
Junior lifeguards
A session of the Cove’s junior lifeguard program completed in late July. Pictured in the back, left to right, are guard and member Jim Lukens, guard Logan Stapleton, lead instructor Flynn Kleinfeller, instructor Kyle Logan and instructor Stephanie Wiliiams, shown with proram participants. Cove Chronicles contributing writer Julia Knopf profiles the program in her column that appears on Page 51.
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Felt ‘mystified’ on status of 2022 audit report
Despite completion of forensic dive, the Cove is still awaiting official 2022 financials
By TOM STAUSS Publisher
Captain’s Cove association Director Dave Felt in remarks posted on the member forum in late July said he is “as mystified as everyone else is” on when the long-awaited 2022 audit report will arrive, delayed because of missing monthly results when the Cove was managed by off-site vendor Troon Golf.
“Accountants are generally reluctant to issue a highly critical audit finding and they work hard to find data they can use to give them greater confidence or to fill holes they have found,” Felt wrote on the member forum. “With our providing
Board candidates
From Page 38
1,200 votes to oust the Declarant,” she wrote. “We have two choices for this election. We either unite and vote for the same candidates, or we divide our votes and the Declarant stays in control. We need everyone to vote.”
She said that out of 2,400 lot owners in Captain’s Cove, 500 are not eligible to vote, leaving 1,900 eligible.
Birckhead said that Weslowski, Malstrom, Hvizda and Borrelli are running as a team.
“They are active community members who are well respected. I know all of them and can vouch that they are all committed to the best inerest of community members,” she said. She then launched into reasons why CCGYC members should vote for her recommended slate.
“Are you tried of all the self-dealing activities of the Declarant? The misuse of our dues? The ridiculous amounts of lawsuits brought on from authoritarian decisions? The unrealistic budget decisions? The lack of community representation from members? The misuse of selective committee members? Funding iems not related to amenity maintenance? Ridiculously high annual dues paying for these things?
“If so, let’s unite and get these folks on the Board of Directors!” she concluded.
the forensic audit results to them, however, they now have everything that the property management team has’’ to complete the task they were hired to do.
Felt said he spoke with the auditors recently and “told them that no one expects us to have a clean audit, that Troon left us with our books in disorder.
“I said we were anxious to receive their report so that we can take steps to address any deficiencies they note that we are not already dealing with.
“At this point I don’t know what the holdup is, but will find out. I will request a meeting with the auditors this coming week and will report on it at the Board meeting later this month,” he said.
That Board meeting was scheduled for Monday, July 29, too late for inclusion in the print edition of the August Cove Currents.
Any update by Felt during the Board meeting will be included in the electronic edition of the Currents to be distributed after the Board meeting and Senior General Manager Colby Phillips’ budget presentation on Tuesday, July 30.
Felt said that typically auditors give management a draft of the report in advance so that management comments can be included in the final report.
“I am hopeful we will have at least the draft [by the week of July 29],” Felt said.
The director also said he has never said that the association would ever receive any particular amount of money as part of a Troon settlement, “only that I believed we had a meritorious case.”
He also said he has never indicated that the results of a negotiated settlement, “if and when we have one, would not be shared with the members.”
Felt speculated that Troon might be willing “to pay substantial dollars to keep the terms of a settlement confidential and the board might determine that it is in the interest of the Association to accept that type of settlement.
“Would we do it for $10, clearly
“I told them that no one expects us to have a clean audit, that Troon left us with our books in disorder. I said we were anxious to receive their report so that we can take steps to address any deficiencies they note that we are not already dealing with.”
Director Dave Felt
no. Would we do so for $10MM, almost certainly yes.
“However, while I can’t speak for the BOD, I can say that I have no interest in keeping any settlement confidential unless the Association gains some material benefit from doing so. In any event, we would, of course, share with the membership the fact that we had negotiated a settlement and I expect that we would vote whether to accept it in a public Board meeting,” Felt said.
He also reacted to rumors that the case has been secretly settled.
“Unfortunately we aren’t there yet,” and negotiations have not even commenced, he said.
“What we have done is to agree with Troon to extend the stay of the case for two more months to give them time to analyze what we’ve sent them and research any additional relevant data at their end. Given the time that it took our experts to put together the report, it seemed reasonable to me to give them that extra time. I am hopeful that it means we can embark on serious negotiations early in the fall. Don’t expect any developments in the case before then,” Felt said.
Any remarks he makes at the July 29 Board would be constrained by “our trial attorneys as to what I can and cannot say about the case,” he said.
In a July 21 post on the member forum, Felt said that the audit firm “is holding things up -- not the PMT or the BOD -- because they are reluctant to criticize their new client so strongly.
“We have told them to give us the bad news and don’t labor to put a gloss on it. We can’t fix problems we don’t know about.
“That said, I am pretty confident that we know what the accounting and bookkeeping problems were back in 2022. The PMT, working with the BOD, has taken steps and is continuing to take steps to address them.
“I think our financial statements are much more informative and transparent than they were last year or the year before. Further, we keep tweaking them to give the most accurate picture possible,” he added.
Budget meeting set July 30 at 10 a.m.
Senior General Manager Colby Phillips will present a proposed 2024-25 budget for Captain’s Cove Golf and Yacht Club on Tuesday, July 30, beginning at 10 a.m. via Zoom at the Marina Club.
During the meeting, she will indicate whether she will be recommending any proposed increase in the $1,700 annual dues currently assessed CCGYC members.
Too late for inclusion in the August print edition of the Cove Currents, the meeting will be covered in the e-edition of the Currents to be circulated a day or so after the budget meeting.
Also too late for inclusion in the August print edition is coverage of the Board’s July 29 meeting, but it, too, will be included in the e-edition.
The budget with any changes that result from the July 30 meeting and after a review by the Board of Directors is expected to be approved at the Board’s August meeting.
CINDY WELSH - REALTOR
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Litigants await decisions in Birckhead case
By TOM STAUSS Publisher
Anyone who thought there would be a quick decision from Accomack County Circuit Court Judge Lynwood Lewis Jr. on the five remaining issues in the Birckhead litigation after closing arguments were delivered June12 after two days of hearings wasn’t paying attention to the judge’s remarks.
There are seven plaintiffs in the Birckhead litigation, named after Teresa Birckhead, president of the Concerned Citizens of Captain’s Cove. The other plaintiffs are members of the CCCC Board of Directors.
A related case filed by William Leslie and Linda Reece, both CCCC directors, was heard concurrently with the primary litigation in the two-day trial.
The issue in this suit is who is responsible for building roads in Sections 1-13 of Captain’s Cove, the declarant CCG Note or Captain’s Cove Golf and Yacht Club, the property owners association that governs Capain’s Cove.
In concluding remarks, Judge Lewis made it clear he had no target date for releasing a decision in the cases.
“All right. I want to thank you all, but this is a -- everybody did a wonderful job at presenting their case, and you’ve obviously given me a lot to consider. So for those of you in the audience who will be disappointed, this is not like TV. I’m not going to bang the gavel and make a decision here.
“It’s going to be quite some time before we get
a final decision in this because there’s a lot of information to process and the arguments have all been well made and well placed,” he said.
The five issues addressed during the June 1112 trial included:
• A dispute over whether CCG Note is required to service a loan mentioned in the 2012 settlement agreement between CCGYC and CCG Note, but which the defendants assert was never executed by the Cove association Board of Directors at the time.
Short of a court order requiring CCG Note to write a check to the Cove association covering annual payments of $50,000, another possible outcome would be a court order requiring the association to sue CCG Note to recover the disputed annual payments.
CCG Note is seeking an outcome in which it is absolved of any responsibility for repaying a loan that it contends does not exist.
The declarant since 2012 has paid the debt service on three separate private loans used for road construction in Captain’s Cove, including buildout in Sections 12 and 13.
• whether CCG Note should have installed or could be ordered to install bulkheads on two lots it owns on Starboard Street.
• whether CCG Note is authorized in governing documents to convey building lots to the Greenbackville Volunteer Fire Department for possible use as a future site as an emergency medical satellite facility or firehouse.
This issue seems to be moot, as the developer is
no longer interested in having a facility built on numbered lots in Captain’s Cove. CCG Note is no longer party to the townhome project for which a proffer of land to GVFD was contingent.
CCG Note’s attorney, Mark Baumgartner, told the Board of Supervisors during a public hearing on a conditional use permit for a townhome development that the facility more likely will be built on acreage to be donated by the developer within the 20-acre townhome complex, located at the east entrance into Captain’s Cove at State Line Road.
• whether a developer, Stonewall Capital, hasn’t been paying assessments on lots sold to it by CCG Note, and whether this was a benefit to CCG Note.
The Cove’s Property Management Team some months ago verified that Stonewall Capital had been delinquent but since had paid its past due assessments in their entirety.
• whether Seaview Street has to be built by CCG Note or is the responsibility of the Cove POA to complete. Currently it’s on a priority list that a working group on roads has established.
Plaintiffs interpret Article 2, Paragraph 2 of the Articles of Incorporation as requiring the developer, not the Cove POA, to build out roads, with the association having the responsibility for maintaining them once built.
The applicable language in the Articles of Incorporation says that the Cove POA has the responsibility “to repair, maintain, rebuild and/or beautify all streets and their rights of way.”
Opposing attorneys issue closing arguments
Douglas Kahle Alison Duffy Mark Baumgartner
BY TOM STAUSS
Publisher
In closing remarks to the court delivered by Douglas Kahle, the lead attorney for the Birckhead litigants clarified that his clients are seeking to prevent the Captain’s Cove property owners association from using association funds for road build-out in Captain’s Cove.
In those closing arguments delivered on June 12 in Accomack County Circuit Court, Kahle said the Cove association Board of Directors is in violation of the community’s Declaration when it spends money on new roads.
The plaintiffs don’t appear to be asking the Court for an order forcing CCG Note, the declarant, to spend its own money completing roads build-out.
“We’re asking for an injunction, an order enjoining the Association from doing or stop it. Stop taking property owners’ assessments and using it for purposes contrary to what the Declaration says, Kahle said, adding that “we have the authority to ask the Court to prevent ongoing violations of the Declaration by the Association ...
According to Kahle, Section 17e of the Declaration says that, when it comes to spending mon-
By TOM STAUSS Publisher
In June 12 closing arguments in the Birckhead/ Leslie litigation, the attorney for the Captain’s Cove property owners association argued that her clients had not taken any action beyond their legal authority and therefore the plaintiffs were not entitled to any injunctive relief.
Alison Duffy, the association’s attorney, used the term ultra vires, defined as “acting beyond legal authority.”
“The plaintiffs have not established that the Association has engaged in any conduct that is ultra vires, nor have they established that the Association is about to engage in conduct which will be ultra vires,” she said.
With respect to the issue of new road construction, she said that meeting minutes show that the term refers to laying a new tar and chip surface “ that previously did not have tar and chip. ... There was no stipulation as to whether or not laying tar and chip itself was truly new construction or if it was improvement, nor was there any stipulation as to whether improvement and construction are distinct.
“Your Honor. That’s a determination for you to
The following is CCG Note attorney Mark Baumgartner’s closing argument:
With regard to the Declaration, Section 3A, specifically charges -- and the Association’s charged with enforcing the Declaration. And it specifically says, “The restrictions and agreements set forth herein are made for the mutual and reciprocal benefit of each and every lot in the section and the subdivision and are intended to create mutual equitable servitude on said lots.”
And so when the Association looks out for the welfare and benefit, it cannot put blinders on and look at the seven plaintiffs, even if they wanted to.
They can’t say, oh, your roads are done, that’s fine. We don’t need to spend any more money. You don’t want to use the pool, okay, we won’t assess you for the pool. You’re interested in golf, great. They can’t do that. They have to look at all of the circumstances and coalesce them into a solution. And that’s hard. That takes a lot of work, and it takes a lot of discretion, which is why courts generally will provide discretion to the deliberative bodies in order to come up with these decisions. And what the plaintiffs are asking here is to throw out that discretion. To not grant the As-
Kahle
From Page 42
ey collected from members in the form of annual dues, “here’s what you can do. You can do lots of things, but what you cannot do not when it comes to roads is anything other than improvements and maintenance.”
Referring to three separate loans taken out by the Board of Directors within the previous ten years, with the proceeds used for roads construction, Kahle said “my math shows that there was remaining principal on those loans of $395,000
stipulated; that there was a $109,849 of interest that was paid by the Association; that there was a total of $234,546 that were paid by CCG Note related to roads, which leaves a balance of $270,303 [that] the plaintiffs contend is clearly still owed by CCG Note. The Association has not pursued that.”
It would appear by this that Kahle is asking for a court order to require the association to take legal action to collect principal on these loans, only one of which remains active.
“Of course, you heard the testimony about the relationship between CCG Note and the Association and
CCG Note’s voting for and appointing new members of the board of the Association [that] candidly explains why all these things we’re talking about have money coming out of the property +owners’ pockets. The folks who the Association is supposed to act on behalf for the benefit of the developer by building new roads in the subdivision.
“We would ask the Court to do -all we can do, pursuant to the agreement, is to ask the Court to order the Association to take action to collect that $270,000, pursuant to its obligation to promote the welfare of the property owners. I believe
they’re affirmatively obligated to do so. They clearly are not doing that by letting that obligation remain Kahle also delivered closing remarks on the Fleming Road EMT/ fire station issue.
EMT/fire station issue
“The fire station is the simplest count. It’s a stipulated fact, a stipulated exhibit, that CCG Note proffered to put a fire station on several numbered lots in Captain’s Cove. First, I heard it was six, and then I heard from, I believe, Mr. [Tim] Hearn today that it was going to go to eight.
“Well, six, eight, four, it doesn’t matter, because the Declaration specifically states that numbered lots can only be used for residents’ purposes.”
Kahle did not address Hearn’s long-held argument that lots can also be used for providing utility services to residents.
Is the Greenback Fire Department a public utility, as Hern has suggested? Kahle didn’t address that question in his closing remarks, and that issue did not arise earlier in the trial.
“Now, in that proffer, you saw it, that if for some reason that can’t be done, meaning put the {EMT station] on Fleming Road, then the CCG Note will arrange to move it around to some commercial property. Fine. That’s all we ask for. That’s all we ask for. Because that would not violate the Declaration.”
CCG Note attorney Mark Baumgarner in public forum has said that that the declarant has agreed that a new EMT could be built on the parcel at ghe east entrance of Captain’s Cove where a townhome project is planned.
“What would violate [the Declaration] is to proffer [the Fleming Road site], and they [the defendants’ lawyers] seem to make a lot of ado about the fact, well, a fire station hadn’t been approved yet, plans hadn’t been submitted to the association to approve a fire station there. It doesn’t matter.
‘We don’t want to leave here today and next month the Association and CCG Note, or its successor on that Hastings Mariner [townhome] project say, hey guys, the Court didn’t address this fire station, now let’s go ahead and put that fire station on those numbered lots that we wanted to, to begin with.
“So our request with respect to u
From Page 44
the fire station, is to enjoin the Association from allowing any numbered lots on Captain’s Cove to be used for a fire station because that’s a clear violation of the Declaration.
Kahle’s closing remarks also addressed the plaintiffs’ desire for a court order to prevent the Cove association from using any of its funds to make improvements on Seaview Street.
Seaview Street issue
“With respect to Starboard Street, Mr. [Lance} Stitcher, [former general manager of the Cove community] for a period of time, that he was aware of and testified that, historically, the Association required individual property owners to build their own bulkheads at their expense,” Kahle said.
He noted that Captain’s Cove Golf and Yacht Club presiden Mark Majerus “confirmed this yesterday under Mr. Handlin’s examination.” Handlin in Kahle’s associate.
board Street. Mr. Hearn was having a hard time acknowledging what bulkheads would or wouldn’t do. I believe I heard from Mr. Majeras that bulkheads would tend to mitigate flooding. Fine. We have no problem with flooding being mitigated.
Kahle said that this issue is no longer on the front burner as this property owner is up to date on paying assessments to the Cove association. Technically, it’s been unsuited, that is, removed as an issue to be considered by Judge Lewis. Kahle
“Now, Seaview Street, the purpose of that, and Mr. [William] Leslie spoke about Seaview Street and of that road improvement plan. Let’s talk about the road improvement plan first. Because the name itself, “road improvement plan.
“When you look to see what roads they really plan on working on, you heard Mr. Leslie talk about and show you photographs here today, and it came into evidence, that shows the areas that he photographed within the platted streets that were addressed within that road improvement plan, and you saw it. There was grass. There was swampy grass. There were elements there. I’ll call it ‘natural state.’
“It wasn’t an area that had previously been paved. It says it by definition and by agreement, this other work that they’re proposing to do falls, again, within new road work. They’re not resurfacing grass. Resurfacing requires there to be some surface there to begin with.
“They’re not proposing to put dirt on dirt or grass on grass. They’re proposing to do something else. They’re proposing to pave with chip and tar, and that’s just an example of the kind of things that the Association wants to do by calling it improving a road when there’s -- no road exists. Not to be confused, they’re platted streets. When you see the photographs, they’re platted streets.
“They aren’t roads. And what they are, are natural areas, which again, the stipulated agreement tells us when you put chip and tar on those, that’s a new road,”he said.
Kahle’s basic arguments is that the Cove Association lacks the authroity tunder the Declaration tobuild new roads.
The attorney also offered comments on the Starboard Street issue in his closing remarks.
“The problem we have ... is that CCG Note owns a number of lots over on the western side of Star-
“The problem is when it came to individual property owners, according to Stitcher and Majeras, the individual property owner [has] to pay to put the bulkhead on their lot. But when it comes to CCG Note and the Association lot, different story. With respect to CCG Note, it bothers us. We believe it violates the terms of the Declaration by not
treating all property owners uniformly and giving CCG Note a free pass, and have the property owners pay to put a bulkhead on their lots, whereas, otherwise, property owners are being required to put the bulkheads in on their own.”
Stonewall Capital issue
Duffy
From Page 42
make,” she told the presiding judge, Lynwood Lewis Jr.
She went on to say that the seven Birckhead litigants have presented two complaints that amount to personal grievances.
“ These are seven individuals who make up less than a quarter of one percent of the membership. They did not bring these actions as de-
rivative actions. They brought them in their individual capacity, which means when it comes to establishing their standing as aggrieved owners, [it’s] the individual harm that they have suffered.
She said the Virginia statute that the plaintiffs have relied upon ... [is] Virginia Code 55.1-1828.
“Your honor, there’s a couple of issues within this statute. The first is that if you read the language, it truly only states that a lot owner
may bring a cause of action against another lot owner. “
She noted that plaintiffs’ lawsuit was filed against the Captain’s Cove property owner’s association, not individual property owners.
“Now, the second issue, aside from the fact that it appears that under 55.1-1828, there’s actually no entitlement to the plaintiffs for declaratory relief .
“The other problem, your honor, is that very specific language of if
the cause of action is brought by the individual homeowner, they must be an aggrieved owner with a proper case. There’s two requirements in there. An aggrieved owner is someone who has been harmed in some manner.
“And, your honor, just to bring this full circle, the Declaration provision, paragraph 17 ... has the remedies. First of all, the exact language is that the homeowner may proceed at law or in equity, right. So they may proceed. They’re not guaranteed the right to get anything. It’s just that {they]may proceed.
“In that second paragraph -- second subsection, paragraph 17, 17B, it specifies an aggrieved party. In other words, this paragraph 17 that talks about remedies, that in itself contemplates that the party who is bringing this cause of action is an aggrieved party.
“And, Your Honor, this is just -this is basics of any cause of action that’s brought to Court. In order to recover, you have to have some form of harm...
“As Your Honor is aware from our arguments yesterday, from listening to all the testimony, the plaintiffs have not presented any evidence of irreparable harm. In fact, the plaintiffs have not presented any evidence, whatsoever, of the harm they contend they have suffered or will suffer.
“At best, the only thing the plaintiffs have suggested to this Court is that, well, our annual dues are going to go up, so we’re going to have to pay more money. Because that’s the only way that these roads can be improved.’
She then comments by Mark Majerus, president of the Cove association, in court earlier that day.
“He explained to you how these annual assessments are calculated, and that the amount taken into consideration with respect to roads is less than ten percent. Your honor, this is a minimal amount at the end of the day.
“The fact that the Association is taking it upon itself, as it’s authorized to do, to improve the road[s] within the Association, it has not previously resulted in any excessive increase in the annual assessment. And there’s been no evidence by the plaintiffs that somehow this is going to change in the future” Duffy said.
She said the seven plaintiffs live on paved roads.
“The Association within its authority wants to be able to extend
Duffy
From Page 46
that same enjoyment to property of having the paved roads. They want to be able to do that to other areas in the community. And as we’ve established through the evidence, this is all authorized conduct. It’s in the Declaration, and it’s also in the articles of incorporation. And I think plaintiffs tried to avoid this article as much as possible, but I remind you, Your Honor, the Articles of Incorporation, Article 2, paragraph 2, that the Association has the right to repair, maintain, rebuild and/or beautify all streets and fairways.
While she said there is no active plan to pursue roads build-out in Captain’s Cove, “it is all conduct which is authorized by the governing document. There is also nothing about the proposed plan with respect to these roads that indicate some form of singular benefit to CCG Note.
She then moved on to the Starboard Street bulkhead issue.
Starboard Street
“The plaintiffs have made a big
deal about the fact that the Association is going to pay money to put a bulkhead on Starboard Street, along the street, mind you, rather than [forcing] CCG Note to bulkhead its lots on the marsh side...
“There is absolutely no requirement by the Association for owners on the marsh side of Starboard Street to install a bulkhead. And you heard some testimony as to why that is. That marshland is heavily regulated. It would be very difficult to get [bulkhead] permits. On some occasions, you can’t even do dredging.
“The Association has only ever required bulkheads to be installed on lots on a canal and on a paved road. That is not the marsh side of Starboard Street. So there is no way we’re going to ignore CCG Note’s failure to put up a bulkhead, because there’s no requirement for CCG Note to put up a bulkhead.
“And I want to remind you, Your Honor, the purpose of the bulkhead that’s been proposed for Starboard Street, it’s to protect Starboard. It’s to reduce the flooding so that the other homeowners, the class A members who have lots and homes
on that road don’t have to worry so much about that ridiculous flooding that you saw,” Duffy said.
EMS station issue
Duffy said she thought this issue was laid to rest earlier in the trial.
“You heard testimony from Mr. Majerus this afternoon. The Association never approved the {proffer} statement. No one has asked the Association to approve the [proffer[ statement. There is no vote. There’s no plan to make a vote. Quite simply, this is not anything that is being considered by the Association.
‘And in light of the fact, Your Honor, that CCG Note doesn’t even own Hastings Mariner anymore, I would be quite surprised to see if this ever becomes an issue for the board.
“But beyond that, your honor, there is no actual case of controversy with respect to the EMS station, because there is no planned action. There’s not even anything in front of the Board to consider.
“What the plaintiffs want you to do is issue an advisory opinion, which I know your honor is very well aware, is not permitted,” she said.
Citing the 2012 settlement agree-
ment, she s id the plaintiffs have not established that any action or an action by the Association related to the 2012 settlement agreement is a violation of the governing documents.
“The Association is entitled, via the governing documents, to enter into contracts, which would include entering into a settlement agreement. So there’s no question that simply entering into a settlement agreement is not an {action beyond legal authority.]
Road financing issue
Duffy then spent considerable time in her closing remarks to discuss the 2012 settlement agreement with respect to the issue of financing new road construction.
“The Association hasn’t completely walked away from this document and said, oh, well. No. What the Association has done after learning that there was an issue with a provision within it, is despite not having a loan that was represented as existing at the time of the settlement agreement, and despite efforts by the board early on to actually obu
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chlorine levels along with other offensive tastes and odors in your entire household water supply
• Keeps residue from impurities off your family’s clothes, bed linens and dishes
• Eliminates impurities in the steam and water in showers and baths
From Page 47
tain that loan, what happened over the years was that the Association went out, was able to obtain a private loan in much smaller amounts.
“And even though they never had the association loan, referenced in paragraph 3 on the 2012settlement agreement, they asked CCG Note. Would you be willing to pay this towards this loan? And CCG Note said, sure.
“They cooperated. They helped the Association. And that’s not the only time that CCG Note has contributed towards the Association with respect to some of these road projects. They’ve also fronted money for engineering studies. I believe you heard some of that testimony from Mr. Hearn today.,” Duffy said.
“They put in more money than just yeah, sure, we’ll pay your interest. They’ve gone beyond that. And they did that without any sense that they were doing it under a contractual obligation. They were doing it because they, too, would like to see the community be able to get these roads tar and chipped, paved.
“They were ready to hit the ground running after the 2012 settlement agreement was signed. They wanted to get going on that. But turns out the Association didn’t have a $1 million loan. So the Association had no way to do this. ...
“So they put in effort. They tried to get the loans. In fact, went to at least ten lenders trying to get it, to get the loan. They were never able to get it. Eventually, they got smaller loans, were able to start getting moving, and CCG Note, again, wanting to see this just as much as the Association, stepped in. Didn’t matter. Nothing about anything with this 2012 settlement agreement is an ultra vires act.”
Duffy told the judge that it’s important to distinguish the 2012 settlement agreement from the Cove association’s Declaration.
“Well, if you’re bringing a cause of action to enforce this 2012 settlement agreement, it is not a cause of action to enforce the Declaration, which is what the code and provision and statute at issue contemplates.
She concluded by saying that the Cove Association is requesting of the judge that he deny plaintiffs of all the relief sought in both complaints, and to deny plaintiffs’ request that he force the Association to enforce CCG Note’s contractual obligation to pay $50,000 per year.
Baumgartner
From Page 42
sociation any discretion whatsoever in the affairs that we’re talking about today and simply look at this from one perspective. And we would submit that the Court shouldn’t do that. ...
In 1973, the declarant conveyed the streets to the Association. And pursuant to the declaration, there’s an expressed condition that those streets be maintained. And the Association -- and the Declaration, in fact, in Section 11C, says that, “The declarants, successors and assigned reserve the right at any time to make any repairs thereto which it deems necessary and proper to charge the club for all such repairs.”
Now, the Court saw some pictures of the roads that had been conveyed to the Association, and I think the pictures show that those roads were not well maintained. And, in fact, the evidence before the Court is that people have complained about the condition of the roads, generally. Both, the ones that are tarred and chipped and the ones that are dirt.
And so the successor declarant, CCG Note, could have marched in there and they could have started grading roads and maintaining the dirt roads, and then just sending the Association a bill.
They didn’t do that. They didn’t exercise that power at any time. Instead, when litigation ensued, they sat down with the other parties, and they came up with a 2012 settlement agreement and they said, look, let’s figure out a practical solution to this. ... How can we come up with a win, win, win for everybody?
And you heard Mr. Hearn testify that there [were] problems. The utility company was under an order ... to continue operating. The conditions at that time at the Cove were undesirable, to say the least. ...
They came up with this 2012 settlement agreement. And is it perfect? Probably not. But did it provide a workable path forward for the parties involved? Yes, it did.
And when interpreting the contract, the conduct of the parties ... is entitled to great weight by the Court ... And the suggestion that -- well, it doesn’t matter when they got the loan. That it wasn’t important. It was important. That it -- there’s a description in the 2012 settlement agreement that simply says the CCG Note will pay the debt service on the loan. There was an expectation that there was a loan,
and the details, perhaps, were indefinite. But if they’re so indefinite as to the unknown, then the contract is unenforceable, and it would make no sense to sue to enforce it.
Instead, what the parties did was interpret that document, and they said, look, the goal here is to build the roads. We have an Exhibit X. It’s designated to provide the funding for the purchase of the marina building and to build roads. They took diligent efforts in the years following the execution of the 2012 settlement agreement, diligent efforts. At least ten lenders they approached at that time period to try to get a loan to speed up the process of road construction -- of road construction and improvement. And they couldn’t get a loan. So instead, they started relying on the receivables.
If you recall, the testimony was as of 2012, the Association had deemed those as noncollectable. The board of the Association in 2012 had dedicated no funds to pursuing those delinquent lots, and had simply said those are noncollectable. ...
And what they did at that meeting, working cooperatively together, between the Association and CCG Note, and Mr. Hearn was a also a part of the negotiations, was a part to the litigation. They crafted a method of getting value where the Association at the time saw none. Here’s a list of lots. It has no value to the Association, and CCG Note said, you know what, we can create value here.
And they accepted the responsibility to go and start the collection process on behalf of the Association, get revenue from those lots, use that money to pave roads. Why? Mr. Hearn testified that the likelihood of someone paying dues goes up dramatically if they are on a paved road. And if you ask a lot owner that is -- has a lot on a dirt road, hey, if we pave in front of your house, do you think that would be an improvement? I think all day long they would tell you yes. That’s an improvement over a dirt road in front of my house.
And that’s exactly what it was. And the numbers showed it. And that the collections, after 2012, increased, the equity of the Association increased during that time period. And the developer, CCG Note, the successor declarant, and the came up with a solution that made sense to everybody.
The evidence is that CCG Note has paid all of the interest on any loan that the Association took out for road costs. And in addition, paid an
additional approximately $120,000. And there’s no evidence before the Court as to whether, in any given year, the CCG Note didn’t pay up to $50,000 worth of principal. No evidence of that before the Court.
And so on the facts before the Court, the Court can’t find, even assuming that there was an obligation to pay after there was no loan in 2012, even assuming that, there’s no evidence by which the Court can find that there was a breach.
But to take it a step further, what the plaintiffs are asking this Court to do, is to prohibit the Association from making a business decision and say should we poke the declarant with a sharp stick, enforce this agreement, in which case the declarant certainly could go in and start maintaining roads and sending a bill to the Association or we could have more litigation, which is what the plaintiffs want, more litigation. They want to prohibit the Association from working cooperatively with the declarant and saying, hey, let’s go come up with a sensible solution going forward.
And to be clear, this case does not challenge the business judgment of the Association in working with the declarant. They’re not challenging the business’s judgment. They’re just saying they don’t even have the right to make a decision.
And by extension of that, if the Association doesn’t have the right to make a decision on whether to enforce the 2012 agreement, does it have the decision -- does it have the discretion whether to enforce a landscaping contract on the golf course? Or if the golf course operator doesn’t mow the lawn one Saturday and says, hey, let me make it up next Wednesday, and the Association -- and the Association says sorry, we’ve got no discretion. We’ve got to sue you because you’ve breached the contract.
If the Court orders this contract be enforced without any evidence that it wasn’t in accordance with business judgment, without making a determination on those issues, simply that’s ultra vires. They have no authority not to file suit against the declarant.
We’re going have seven plaintiffs with other very -- to them, very valid views come to the Court and say they’re not enforcing the landscaping contract, they’re not enforcing the beverage contract in the marina building. You know, that lifeguard at the swimming pool, he left two hours early, sue him. That’s no way to run
an Association. And they have the authority to enter into contracts, to negotiate those contracts. And when the conditions warrant, to modify those contracts going forward so long as it’s in their sound business discretion ...
And in this case, all seven plaintiffs live on roads, have houses. They’re not representative of the more than 2,000 individual owners that own lots in areas that do not have chip and tar roads today.
And if the Court determines that seven individuals can take the discretion away from the Association, what are those 2,000 people going to do?
There’s a process, and it’s a deliberative process, and it’s not always pretty. And, you know, they don’t -the deliberative bodies don’t always come to the right decision...
And in this case, what the plaintiffs want to do is they simply want to say nope, you don’t have the discretion to work things out amicably. You have to sue. No discretion. And it’s really unprecedented the plaintiffs ... point to no case where a court has ordered a deliberative body to sue someone else for breach of a contract. It’s unprecedented.
It’s somewhat ironic that on the one hand, sort of three competing mutually exclusive things. On the one hand Mr. Kahle says, well, Judge, the Exhibit X, we’re not sure exactly what Exhibit X is. You can’t give any credence to it. We don’t know what the loan is. You can’t make any decision about the loan.
Well, then that contract isn’t enforceable, and yet, the plaintiffs are asking that the Association to enforce that contract which seems to be unenforceable.
Secondly, they’re seeking to enforce the 2012 settlement agreement, which was for CCG Note to contribute funds that the Association was also going to contribute funds to, to chip and tar roads.
Now, on the other hand, they’re saying the Association doesn’t have the authority to chip and tar roads. Well, if the Association doesn’t have the authority to chip and tar dirt roads, what sense would it make for them to sue CCG Note to contribute to an activity that the Association doesn’t have the authority to conduct? It’s completely inconsistent. It is looking at an issue from one perspective without thinking about all of the competing interests here and all of the ramifications. And when the Association makes decisions, they have to promote the gen-
eral welfare of everyone.
There’s been the suggestion that because CCG Note has the term “developer” and “successor declarant,” that it has some duty to go and pave the roads in Captain’s Cove. There’s no support for that. There’s no law cited for that. I’m not aware of any common la duty of a developer, a declarant, a land owner to pave roads.
There is no common law duty to such, and, in fact, because there was no duty of that, the general assembly passed a subdivision ordinance that granted municipalities, counties and cities the ability to intact subdivision ordinances that said, hey, if you’re going subdivide a property, you’ve got to do these public improvements before you dedicate roads. Or if you’re going have private streets, you can have different regulations for private streets.
Accomack County didn’t exercise that power at the time the Declaration was recorded and at the time this subdivision was platted. It predated the time in which developers had an obligation by statute to make certain improvements, which, unfortunately, leads to the mess that Captain’s Cove is in today. It’s not an ideal situation. ...
And what the Association did, starting in 1973 when it took title, was it put chip and tar on dirt roads in the areas that it determined was most beneficial at that time.
And that doesn’t mean that they can only do what was important in 1973 or in 1981 or in 1999. They can continue to apply chip and tar to these roads as the needs of the Association and all of its members change. They have that authority. They have been exercising it for almost 50 years. Why stop now? From the singular perspective of the plaintiffs, why stop now, their roads are paved. But that’s not what serves the best interest of the other 2,593 lot owners out there approximately.
Starboard Street
With regard to Starboard Street, the testimony these are the only landowners that are required to have bulkheads, are those that are on the canal. Plaintiffs’ witness Mr. Pulaski testified he doesn’t have a bulkhead. He’s on the Swans Gut side.
The testimony from Mr. Majerus indicated that one other landowner there, who is not required to have a bulkhead, put up a retaining wall. I’m not sure if that’s going to fly
when he gets in front of the DEQ or the board, but he put up a retaining wall illegally without permits. I suspect there’s probably some enforcement action there.
And yet, what the plaintiffs would have this court do is order CCG to break the law and put up a bulkhead. And that’s without any evidence in front of the Court that putting up a bulkhead on CCG Note’s underwater lots would have any benefit to Starboard Street.
The McGrowan (ph) study said, look, here’s the best you can do with Starboard Street, is put a bulkhead along the roadway, with anticipation the DEQ and the VMRC take a different view when it comes to linear transportation projects versus a projects that are just for a single homeowner as far as preservation of property of the roadway. Hopefully, they can get a permit for protecting the roadway. If they can, great. ...
But the evidence before the Court is that CCG Note can’t get one for its lots, nor has the Association ever required it for any other lot on Swans Gut. ...
EMS station issue
The EMS station. Again, I’m struggling how a court could enjoin -- the request was, if I heard Mr. Kahle correctly, was he wants the Court to enjoin the Association from allowing CCG Note to convey its parcel to the Greenbackville Volunteer Fire Department. That’s a restriction on alienability of a third party. And even if they modify it and said, well, no, no, no, preclude CCG Note from directly from conveying its lot to the Greenbackville Volunteer Fire Department, that’s a restraint on alienability that is not supported in the Declaration or in the law.
Maybe the Greenbackville Fire Department will say, give us a couple of lots on Fleming Road, we’ll sell them, we’ll raise money, and we’ll build a firehouse on State Line Road. Whether the intended use by the Greenbackville Fire Department violates the covenant’s declarations and restrictions, that’s not going to be presented to the Court until, one, the Greenbackville Fire Department owns the property, and B, they make some decision on how they’re going to use it.
But certainly, with respect to the conveyance of the lot, that, I would submit, is not something that the Court can restrain as a restriction on the alienability of property. ...
The only issue before the Court
today is whether the Court can restrain the alienability of a lot that’s on fee simple by CCG Note either by restricting the Association from permitting it, which is nothing in the documents that allow them to do that, or by restricting CCG Note from its ability to convey it, to freely convey its lot. And I don’t think there’s any support in the law for that drastic action.
Seaview Street issue
The discussion on Seaview Street, CCG Note is one of many owners of lots on Seaview Street. The Association, for the benefit of the people that have been paying assessments on Seaview Street, they have every right to have a road, a chip and tar road in front of their house as any other owner in Captain’s Cove.
There’s some challenges there because of the environmental circumstances of Seaview Street. The Association is working through those. They own lots they could sell. And the testimony from Mark Majerus was, hey, those are high value lots. ... If we can put a road, we can make money. How does that help? It helps with the assessments and betters the welfare of the community.
So all of the actions, the evidence today, I hope, show the Court that the people making these decisions, Mr. Majerus and Mr. Hearn and the members, and Silfee ... they made decisions that they felt were in the best interest [of the association].
But that’s not even ... what the plaintiff is asking this Court to review. I think it’s helpful for the Court to understand what they did. But again, what the plaintiffs are asking is, no discretion, any breach of contract, 99 match sticks out of a 100 get delivered, you got to sue the vendor, and you have no discretion to decide whether litigation, whether collectability, whether the merits of the claim, whether the enforceability of the contract. All of those questions the Association is not allowed to decide simply, sue the other party. That creates an environment that is not in the best interest of the 2,500 individual lot owners in Captain’s Cove.
So for that reason, your honor, CCG Note would ask that you dismiss plaintiffs’ case in its entirety and decline to award the relief requested by CCG Note. And as to some of the other arguments, I’m going to incorporate the ones that Ms. Duffy eloquently stated and also we had previously submitted briefs ...
COVE CHRONICLES
Inspiring the next generation of lifeguards
By JULIA KNOPF Contributing Writer
The pools at Captain’s Cove are more than just a place to cool off in the summer. They are a community hub and a favorite watering hole for our members. Whether it’s the bayside pool and Tiki bar at the Marina Club or the waterslide at the Town Center pool, our members can relax knowing that trained lifeguards are always on duty, ensuring their safety.
This sense of community and safety is introduced early, sometimes years before they are hired, through our Junior Lifeguard Program.
This unique program inspires children to learn about water safety and ignites a passion for lifeguarding.
By introducing essential water safety, rescue skills, CPR, and first aid, the program aims to instill
a sense of responsibility and leadership in participating children, preparing them for a potential future in lifeguarding.
The Junior Lifeguard Program at Captain’s Cove began four years ago and is led by Flynn Kleinfeller, program manager. Kleinfeller has worked to create a curriculum that includes theoretical and practical lessons with hands-on demonstrations. The program provides guidance, instruction, and mentorship to the young participants.
“Junior Lifeguard gives kids a fun, positive introduction to the world of guarding. It gives a good foundation for our future guards,” Kleinfeller said after the most recent class on July 25. “Two of my guards this year are Junior Lifeguard graduates.”
Classes range from 10 to 20 children, ages 8 to 14. Eighteen young guards participated in the July 25 class and will take the second training on Aug. 7. Some of the guards repeat the exercises, improving upon their skills.
Gavin Zubko, one of the current participants, has taken eight Junior Lifeguard classes. Zubko, age 10, says his favorite thing is learning about water rescues.
“I really like the front active rescue technique. You push your arms under their arms, and you turn around, slinging them back against the wall. This keeps them safe and their heads above water.” Zubko said.
During a dog swim scheduled for Sept. 7, Zubko will get his first “official” guard gig.
He suspects that many of the same techniques he’s learned on humans can be used to help a drowning dog.
The Junior Lifeguard Program at Captain’s Cove plays a pivotal role in
inspiring the next generation of lifeguards.
By nurturing a passion for water safety and instilling valuable skills and values, the program equips children with the foundation to pursue a fulfilling and impactful career in lifeguarding.
As a result, it not only contributes to the safety of water enthusiasts but also creates a legacy of skilled and dedicated lifeguards who are committed to saving lives and promoting water safety.
Any one interested in taking part in a Junior Lifeguard class, can look for the next set of classes to be held in December.
Classes are open to members and the public and require pre-registration.
Julia Knopf is the community relations manager of Captain’s Cove Golf & Yacht Club.
