December 2021 Ocean Pines Progress by Ocean Pines Progress

December 2021

www.issuu.com/oceanpinesprogress

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OCEAN PINES

PROGRESS THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

North Gate Bridge North Bridge guardhouse guardhouse to be removed to be removed, repurposed Viola says says he he must must ‘follow ‘follow a a process’ process’ to to make make changes changes Viola Viola says he must ‘follow a process’ to make changes to iconic iconic front front entrance entrance to to Ocean Ocean Pines Pines to to iconic front entrance to Ocean Pines

By ROTA L. KNOTT Contributing Writer he North Gate guardhouse may soon find a new home at the Manklin Meadows Racquet Sports Center and the bridge will be spruced up as much as it can be in time for the holidays. After yet another car slammed into the timber bridge approach and complaints from property owners about the general appearance of the North Gate, the Board of Directors instructed staff to clean up the area. The Recreation and Parks Department may have a use for the old guardhouse. Although there was no vote to order General Man-

ager John Viola to remove the guardhouse, which dates to the earliest days of Ocean Pines when it was a gated community, there was no push-back on the idea that the guardhouse in particular is an eyesore and in need of removal. Viola said the guardhouse is not needed for structural integrity. During the Nov. 20 meeting of the Board of Directors, Director Frank Daly said the last year has been a tough one for Ocean Pines residents and they deserve to have an attractive and festive North Gate entryway for the holidays. To Page Page 33 To

The iconic iconic North North The Gate bridge, bridge, with with Gate lighting dating dating to to lighting the 1970s 1970s and and aa the guardhouse that that guardhouse General Manager Manager General John Viola Viola plans plans to to John remove. He He intends intends remove. to submit submit three three to options for for replacereplaceoptions ment lighting. lighting. RailRailment ing repair repair awaits awaits the the ing arrival of of back-orback-orarrival dered lumber. lumber. dered

Farr vs. vs. OPA OPA decision decision Farr could come come down down could at any any time time at Board of of Directors Directors candidate candidate Board Richard Farr Farr and and the the Ocean Ocean Richard Pines Association Association were were still still Pines awaiting aa decision decision from from the the awaiting judge overseeing overseeing the the Farr Farr vs. vs. judge OPA candidate candidate eligibility eligibility case case OPA as of of the the close close of of business business Nov. Nov. as 26. 26. A decision decision from from Judge Judge SidSidA ney Campen Campen could could come come down down ney at any any time. time. at The Progress Progress will will be be pubpubThe lishing aa special special “Progress “Progress ReRelishing port” on on the the decision decision available available port” at www.issuu.com/oceanpinewww.issuu.com/oceanpineat sprogress when when the the decision decision is is sprogress announced. announced. Local social social media media have have also also Local agreed to to distribute distribute the the report. report. agreed While not not necessarily necessarily disposdisposWhile itive of of how how he he might might decide decide the the itive issue of of whether whether Farr Farr was was an an issue eligible candidate candidate in in the the 2021 2021 eligible board election, election, Judge Judge Campen Campen board in aa Nov. Nov. 15 15 court court hearing hearing in in in Snow Hill Hill again again sniped sniped at at the the Snow way OPA OPA directors directors handled handled the the way election this this summer. summer. election He in in effect effect said said that that OPA OPA He by-laws confer confer no no authority authority on on by-laws the board board or or board board secretary secretary to to the disqualify an an already already certifi certified ed disqualify candidate, to to halt halt an an election election candidate, already in in progress, progress, or or to to conconalready duct aa do-over do-over election. election. duct He again again cited cited the the “little “little He birdie” that that he he said said interrupted interrupted birdie” the normal normal process process for for electing electing the directors in in Ocean Ocean Pines. Pines. He He directors was referring referring to to the the phone phone call call was to General General Manager Manager John John Viola Viola to two weeks weeks prior prior to to the the schedschedtwo uled vote vote count count alleging alleging that that uled there was was an an ineligible ineligible candicandithere date on on the the ballot. ballot. date When then then board board secretary secretary When Camilla Rogers Rogers decided decided that that Camilla Farr was was ineligible, ineligible, that that trigtrigFarr gered the the law law suit suit that that Judge Judge gered Campen is is presiding presiding over. over. Campen Progress coverage coverage of of the the Nov. Nov. Progress 15 hearing, hearing, and and closing closing arguargu15 ments from from both both sides, sides, begins begins ments on Page Page 31. 31. on

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From Page 1 “The North Gate bridge entryway is one of the major entry points into Ocean Pines. Normal wear and tear, a number of vehicle-bridge accidents, weather-related factors and littering have taken a toll on its appearance. The purpose of this discussion is to determine what can be done to improve the appearance of this main entryway into the community,” he said. Specifically, Daly proposed shutting down the North Gate entry for several days, diverting traffic to the Beauchamp Road entryway, power washing and staining the bridge and guard house, cleaning the surrounding trash, repairing and replacing the lighting to make it uniform and placing a holiday display in the guard house during the upcoming holiday season. “I’ve heard over the years we refer to the North Gate bridge as iconic. I kinda refer to it as dilapidated,” he said. “I mean it’s showing its age. Period.” Viola during his monthly report said the OPA is intending to complete repairs and maintenance to the bridge, including power washing the structure and replacing damaged timber. “We are going to power wash it. We don’t have plans right now to stain it. We’ve never to my knowledge stained it. I don’t think at this time it’s a good idea to do that. I believe the power

December 2021 Ocean Pines PROGRESS 3 washing and what we’ve been doing will take care of that,” Viola said. However, he said it is difficult to get materials for the work, with the timber back-ordered by 16 to 20 weeks. Other items, like the bridge lights are no longer available. “We are waiting for materials but it is stabilized. There’s nothing structural,” he said, adding “It’s covid. It’s a fact of life out there.” As for the bridge lights, Viola said “they’re iconic. We tried to change them years ago and there was I guess a lot of push-back. Maybe that’s changed,” he said, but added that the existing lights simply aren’t available anymore. “If that’s the case, then we need to look at doing something else because they are unsightly,” OPA president Larry Perrone said. Viola agrees, and he told the Progress later that staff will be presenting three possible designs for new lighting to be board, perhaps as soon as the December meeting. Selecting a new lighting design should be made at the board level, he said. He also said some community involvement could be arranged to help make the decision. Neither the guardhouse removal nor bridge replacement will be done in time for the holidays, Viola said, but plans are to place a Christmas tree inside the guardhouse to make the bridge more appealing. The latest vehicular accident on the bridge occurred on Oct. 5 and timbers lining the approach

to the bridge were damaged. Viola said the OPA is working with Vista Design Group as well as a contractor recommended by the county to investigate options for improving the approach to the bridge. “The it’s structured, The way way it’s structured, with with that slope,” Viola said, that slope,” he said, “When a “when car hits that certainly car hitsa that it certainly is not is not good. So are we are addressgood. So we addressing ing that.” that.” John Viola Viola said the cost to repair the bridge is $7,800 for timber and $7,500 for inhouse labor. The estimated total cost of $15,500 of repairs will be filed with the insurance company. “Yes, insurance will be involved one way or another on it.” Daly wanted more than clean-up and repairs to the bridge. “The changes that I would like to propose are cosmetic,” he said in calling for the closing, cleaning, staining, and decorating of the North Gate bridge. “Make it welcoming and make it a little fun and joy this year.” his presenting his argument for dressing up In presenting his argument for dressing up the the North Gate, Daly also offered some comments North Gate, Daly offered some comments from from resident Pines resident Vivian Vivian Koroknay, Koroknay, who who also spoke during Public Comments. “Over the past several years, the north entrance has become an eyesore. This is quite disTo Page 5

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North Gate bridge From Page 3 concerting to those of us who live on the north side, and who view the north entrance on a daily basis. The entrance to our community is like the front yard to one’s house and in its current state, it is an embarrassment. The current appearance indicates a community that takes little pride in its appearance and has no concern with its curb appeal,” Koroknay said in a letter she originally sent sent to tothe thefull entire Board board and and Viola. Viola. She cited mold growing on the shingle roof of the guard house, wood shingle siding that has cracks and mold growing and is in dire need of replacement or staining, debris under the bridge that is visible when waiting at the light, multiple cuts and gashes in the wood from cars misjudging the entrance and width of the bridge, wood that is faded, and “recent repairs that are sticking out like a sore thumb.” She also said the “multiple missing, broken and filthy lights that all should be replaced with something more up to date, aesthetically pleasing and functional.” Koroknay reinforced her displeasure with the appearance of the North Gate in person at the meeting. “The appearance of the North entrance had continuously gone downhill to the point now it is an abominable eyesore. And kind of embarrassing truthfully,” she said.

She argued that the bridge is in “sad shape.” And while she understands that it is functional, it’s not attractive. “I think going forward it would be lovely to have an ongoing maintenance program implemented don’t get so we don’t’ get to this point again because when we let this stuff go the rise ...” costs significantly rise…” Koroknay called the North Gate bridge the front door to Ocean Pines and likened it to the “curb appeal” of a home. The problems go beyond the bridge though, with the median strip not having been cleaned up, and “ruts and craters that become ponds that a duck could swim in,” she said. “The whole north entrance has been a bee in my bonnet for quite some time. I really would like to see some work done on it. I implore you to consider doing more than just power washing the wood,” she added. Viola said she agreed with Koroknay but said there is a process he has to follow to make major improvement including budgeting for the associated costs. “I totally agree with you. I’ll do it but there’s a process.” He said staff has discussed removing the old guardhouse and that there may be a use for it at the racquet center. Director Josette Wheatley said the Communications Advisory Committee has also discussed a potential alternate use for the former guard house. “That guardhouse would be

a lovely place to put our historical documents of Ocean Pines instead of in a closet,” she said. OPA president Larry Perrone said this isn’t the first accident that has occurred on that bridge and generally the repairs are completed in a fairly timely manner. “With the situation we’re facing now, it’s gonna be a while until material terialsisisavailable. available. So So whatever whatever we can do to to spruce spruce it it up, up I agree that we should just go ahead and get it done,” he said. Viola said he will put together a plan for improvements around the North Gate. Perrone told him to “just do it.” Daly added “the sooner the better.” If the cost exceeds the $15,000 threshold above which the GM needs to secure board approval, Daly said he would immediately call a special meeting of the board to approve it. Daly said the North Gate bridge is scheduled for replacement in 2034 and will likely necessitate a referendum vote of property owners due to the high cost. Still, he said even though the bridge is structurally sound, the OPA could replace it tomorrow. “But if we replace it tomorrow

we’re gonna pay probably 100 percent of the replacement cost. If we wait until it’s structurally deteriorates, we get a contribution from the state and county which I believe would be 80 percent of the replacement cost. So that’s a major factor,” he said. He added that even if the OPA were to replace the North Gate bridge, it still empties traffic onto Route 589. “And it would be nice to know if we’re going to have a stop light there, a circle there, a two-lane road thee or a four-lane road there,” he said, adding “The truth of the matter is if you ask people responsible for that at the county and state level they’re response back to you is ‘I don’t know what and I don’t know when those changes will be made’,” The OPA could build a new bridge and the state could “essentially destroy that expenditure by electing to do something different,” he said. Perrone echoed Daly’s comments, saying Ocean Pines representatives have met with state officials to discuss Route 589 and the North Gate entrance. “They don’t know what they’re going to do,” Perrone said.

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Committee abandons Flight Turf option for geese control

Reseeding North and South Gate pond areas is regarded as cost-prohibitive By TOM STAUSS Publisher he Environment and Natural Assets Advisory Committee and Ocean Pines Association management have abandoned what had seemed like it might be a promising solution to manage the population of Canadian geese in Ocean Pines. The Board of Directors liaison to the committee, Amy Peck, reported on the committee’s change of heart during the Nov. 20 monthly board meeting. The committee previously had recommended that the OPA plant a test patch of Flight Turf, a patented and proprietary turfgrass blend that is used at airfields, to determine if it is an effective goose management tool. But once committee members fully grasped the cost of a solution using Flight Turf, which became clear during an Oct. 27 meeting with General

Manager John Viola, Public Works Director Eddie Wells, and Ocean Pines Golf Course Superintendent Justin Hartshorne, enthusiasm for even doing a test patch took at sharp 180. The cost of seeding one acre is $2600, Peck said in a summary of the project contained in the Nov. 20 board packet. But once plant killer, removing plants, working in the seed and fertilizer is added, the cost can range from $6,000 to $10,000 per acre of land. The committee concluded that seeding just a section of the North Gate area wouldn’t do the job, as the geese would simply shift over to an unseeded area. The cost of seeding the entire North Pond area, or three to four acres of land, would range in cost from $45,000 to $65,000. Adding the South Pond area estimated in size from six to seven acres would be another $70,000.

Abandoning the Turf Grass option leaves the committee with essentially two options, going with a vegetative buffer around the ponds that will discourage access or the one that no one likes, euthanasia, when the goose population builds to unacceptable levels. The committee “will Amy Peck re-examine past options

including getting information on a vegetation vegatative buffer around ponds [that] produces a less buff around thethe ponds [that] produces a less atattractive atmosphere for majority the majority of mitractive atemospher for the of migratory gratory geese, thus discouraging their Canada Canadian geese, thus discouraging their becombecoming permanent residents,” Peck wrote. “A ing permandent residents,” Peck wrote. “A simisimilar program enacted during the winter lar program was was enacted during the winter and and spring seasons of 2014-15, resulting in some spring seasons of 2014-15 resulting in some sucsuccess. cess.” Peck added these grasses and vegetation also “reduce soil erosion and help mitigate nitrogen and phosphorous [build-up in the ponds]. It’s the committee’s hope that by discouraging the migratory population of Canadian geese from becoming resident geese, we can avoid the possibility of more drastic remedies like euthanasia.” euthanasia. Flight Turf is a turf grass mixture that was developed for use by airports specifically to prevent geese from flying into planes, former Director Tom Janasek told the board several months ago.

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8 Ocean Pines PROGRESS December 2021

Perrone, Clarke spar over anomalous North Gate pond test from last year Former OPA member denies he ever said OPA had ‘hidden’ test results from the community By TOM STAUSS Publisher hat had been confined to internal discussions within an Ocean Pines Association advisory committee and an online debate between former Ocean Pines Director Marty Clarke and oceanpinesforum.com host Joe Reynolds over a 2020 report of elevated levels of human waste in the North Gate pond has been flushed out into an even more public arena. The break-out occurred at the Nov. 20 meeting of the Board of Directors with public comments by OPA President Larry Perrone, who singled out Clarke for criticism for remarks he alleged were made by Clarke about the reports and the manner in which they were handled by the OPA administration and Board of Directors. That in turn caused Clarke, in comments to the Progress, to rebuke Perrone for what Clarke said were misrepresentations of what he has said on the issue. There is at least one area of agreement: The North Gate pond test that set off the contretemps

was anomalous. There appears never to have been health hazard caused by toxic levels of human waste in the North Gate pond. In president’s remarks at the Nov. 20 meeting, Perrone referred to the anomalous test that he said was to blame for false reports about the condition of the pond. Perrone said that Clarke, who recently timed out after seven year as a member of the Environment and Natural Assets Committee, “made an allegation on social media that this board was hiding test results from the community regarding testing that had occurred in the ponds.” Perrone said he addressed the matter recently with the committee, but also wanted to supply an update to the larger community. “This board receives a lot of allegations on a routine basis and normally we just don’t respond to them, but this one I think was a little more serious,” he said. Perrone said he and OPA Vice President Colette Horn received a call from former OPA Di-

rector Tom Janasek last December, “advising us that a recent test done [in November of 2020] on the ponds indicated that there was a high level of human waste in the pond.” Janasek was the board liaison to the Environment and Natural Assets Committee at the time. “The initial report indicated that it was most likely an Larry Perrone anomaly because the number was so high,” Perrone said. “We agreed at that point to go ahead and have the test redone, and we would wait and see what the second test result showed.” He said a second test was done, but the board never received the results. Marty Clarke “About a month ago, coincidentally the day after Director Janasek had resigned [from the board], Marty Clarke made these allegations on the Ocean Pines Forum that the board had the results and that the board was hiding these results. And in fact, in one email [Clarke] indicated that the board was negligent for not putting up barriers or fencing around the ponds,” Perrone said. “Clearly, the board had not To Page 10

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Perrone vs. Clarke From Page 8 received the results.” Perrone said he received environmental reports in mid-November from testing done on Sept. 19, as well as from initial testing done late last year. “And as expected, the second report indicated that ... the [November 2020 test] was an anomaly and there was no problem regarding human waste in the ponds,” he said. “It was very disappointing that these allegations were made against this board and the general manager that we were hiding these results. I wanted to clear that up with the community.” Perrone said he gave copies of the reports this month to Horn, General Manager John Viola, and Director Amy Peck, recently appointed to replace Janasek as liaison to the Environment and Natural Assets Committee. He said additional copies would be made available to any board member who requested them. “I wanted to make sure the community understood that this board did not hide anything from anybody, contrary to Mr. Clarke’s allegations,” Perrone said. In comments to the Progress, Clarke said he never contended that the board had “hidden” test results from the community. “I said they sat on it,” he said. “There’s a difference. I said the OPA had gotten notice that we had a highly polluted North Gate pond back in December [of 2020]. They did zero [about it] for about seven months.” Clarke said that after the initial test, which he acknowledged seemed to many to be anomalous, “the Assateague Coastal Trust ordered a second test, not the board.” In an Oct. 18 post to Reynolds on the forum, Clarke continued an earlier debate over alleged committee shenanigans over the reports. “I think you are out of line blaming the messenger, the Environment and Natural Assets Advisory committee, for any such shenanigans. I also think Ken Wolf is a great chairperson trying to play down any socalled conspiracy. It is true that I took those minutes [from an August committee meeting]. However, Mr. Wolf and the entire committee approved them as written. They accurately portray what happened and that is a indisputable fact,” Clarke said. The former OPA director and

committee member said he didn’t “have the time or inclination to argue over ‘who struck John.’ The fact is our committee asked over and over again for the results of the November [2020] report and didn’t get a copy from the GM or the board ever.” Clarke said that Viola attended the committee’s Aug. 25 meeting in the Administration Building’s board room. “He and Ken left the board room to talk off record. Ken told the committee that John Viola told him that the board did not want any water tests released to our committee or the public, and that is a fact and reported accurately in the minutes from August. “On September 7, 2021, Sharon Santacroce and Ken Wolf from the committee met with John Viola and Eddie Wells at the administration building and were told point blank that OPA was not going to release any water testing to the committee. This is also fact,” Clarke said. He told Reynolds “if this kind of behavior is OK with you, than so be it, but it isn’t with me. Every member of the Ocean Pines Association has the absolute right to this kind of information. I stand by the minutes as written and approved. Not a conspiracy just FACTS,” he concluded. Reynolds had his own set of facts that he cited and interpreted in a response to Clarke. “One might think this topic was exhausted. It is not. The conspiracy theory folks do not want to concede an inch. They are convinced there was some grand conspiracy by General Manager John Viola and/or the Board of Directors to withhold pond water test information from the Environmental and Natural Assets Committee and from association members. “Many conspiracies develop to prevent bad news from reaching the public. This particular purported conspiracy theory would do the opposite. It would be a conspiracy to keep good news from the committee and association members. Those seeking to expose this grand conspiracy point to comments attributed to the committee chairman, Ken Wolf,” Reynolds said. “As I quoted from the July 2021 committee meeting minutes: “Water testing status. Ken (Wolf) had a meeting with John Viola and was told that OPA can’t disclose the results to our committee. Marty believes this kind of information is To Page 12

December 2021 Ocean Pines PROGRESS 11

12 Ocean Pines PROGRESS December 2021

OCEAN PINES Perrone vs. Clarke

From Page 10 specifically covered by Title 11-B and should be available. “Seems the meeting minutes hold a ‘Paul Harvey’ item - The Rest of the Story,” Reynolds added. “I spoke with Ken Wolf today. He does not believe the [August] minutes adequately describe his conversation with Viola, nor what he thought of the situation at the time. Wolf said the original high number for some Human DNA test number was seen by everyone involved, including Kathy Phillips of Assateague Coastal Trust, as an aberration. Reynolds said that Wolf “did not feel the community should be alarmed and believes a measured response by the general manager was appropriate. Wolf said the general manager was actually at the committee meeting when asked about those initial test results. Follow-up testing, as we eventually discover, happened quickly in December and indicated no major health-related problems. However, it appears no one saw those results until perhaps August of this year.” Reynolds said another source that he didn’t name “says when the initial test results came in, they were received by Tom Janasek, who called in to the Administration Building ... and let some board members and GM know the results. “Janasek apparently said “we don’t want this getting out” (to paraphrase) and a second test, mentioned above, was authorized. Again, Wolf believes this was an appropriate position as there was no point in creating panic over a test result everyone believed to be an aberration,” Reynolds continued.

Reynolds said his source told him the second test “was done in December of 2020 and apparently sent to Janasek. It was not until August or September that Janasek brought the report to the Administration Building and left it with the executive secretary while saying, “We can’t let this get out to the public.” Again, perhaps Janasek was justified in holding that opinion because he did not then understand the meaning of the test number results. According to Reynolds, “the big issue for the conspiracy theory believers is the committee did not receive the follow-up test and there was some reason for the board or the GM to hide what turned out to be good news. If Janasek did not bring the second test results to OPA until August or September, that would explain the timeline delay, but in no way suggest there was a conspiracy afoot to hide any good news ... “Ken Wolf, said, ‘At no time did I ever believe there was any conspiracy by the general manager or the board of directors to withhold any test results for political purposes.’ “Wolf also mentioned he had asked ... Janasek to contact the Assateague Coastal Trust and request an interpretation of what the test numbers actually meant. There is no record of the committee or OPA receiving that information.” Reynolds said after his discussion with Wolf, “my observation is he is exactly the sort of thoughtful, involved person we need on OPA committees,” adding that “if there is any conspiracy happening relative to all this, it is more likely a conspiracy by a few to try and make the general manager and/or the board of directors look bad for political purposes ... If so, they have failed in that attempt.”

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14 Ocean Pines PROGRESS December 2021

Board grapples with details for vote on short-term rentals Perrone to head work group on process for securing section-by-section changes in the restrictive covenants

By ROTA L. KNOTT Contributing Writer Board of Directors work group led by President Larry Perrone will develop a process for changing the declaration of restrictions in all sections to give the Ocean Pines Association the authority to regulate short-term rentals and levy fines on property owners who don’t comply with the rules. Director Frank Daly and Josette Wheatley will also sit on the work group, which will report back to the full board with a plan for conducting the voting. Earlier this year, the board passed a resolution requiring a vote in each section on the proposal, but no action has yet been taken to move that effort forward. During the Nov. 20 monthly board meeting, Daly pointed out that directors had targeted voting on the proposal during the fourth quarter of 2021 and said it’s time to develop a plan to begin the voting process. “Now we’re in the fourth quarter and I think we need a discussion on how to do that and how to move that process forward,” he said. During the Board meeting, Daly said directors need to discuss the

plan to get the material to each homeowner to vote on the proposed changes to the Declarations of Restrictions giving OP the authority to regulate short term rentals and to fine owners not in compliance. The proposal is to incorporate Worcester County’s short-term rental licensing requirements and the county’s noise and litter ordinances into the restrictive covenants for each section of Ocean Pines. That will require a vote in favor by a majority of the residents in each section. Daly said OPA Attorney Joe Moore laid out the general process the board needs to follow to conduct the vote in each section of Ocean Pines in which the restrictive covenants must be changed to allow the association to regulate short-term rentals and and levy levyfines finesfor fornoncomplinon-comance. The process requires a simple pliance. The process requires a sim50 percent plusplus one one “yes” votevote of the ple 50 percent “yes” of property owners in each applicable section for the proposed changes to the declarations of restrictions to pass. Covenants in five newer sections of Ocean Pines already allow OPA regulation and fines related to shortterm rentals and do not require any

changes. Daly, who had spearheaded the effort to enforce short-term rentals regulations, said in sections developed by Balfour Holdings after 1995 all federal state and local laws immediately apply and the board has the ability to levy fines for violations. Daly suggested the Elections Committee be given the task of handling an initial mailing to all affected property owners. He said there is still time to do that during the fourth quarter of 2021. “And then the way this process works is there can be subsequent mailings until we achieve the 50 percent plus one that’s required in the bylaws to change the declaration or restrictions…” he said. The process for amending the declaration of restrictions differs from typical referendums in that the votes are tallied by section. That means some sections could approve the proposed changes and others could vote not to do so. However, also different than a referendum, the OPA can continue to collect “yes” votes via mailing after mailing to specific sections of the community until it reaches the critical mass of 50 percent plus one vote in favor,

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OCEAN PINES Daly said. He said the OPA could include additional mailings in the spring with the annual property assessment invoices. That could save money on multiple mailings. He also suggested including a bounce back card in the Ocean Pines Report newsletter, advertisements in the local press, and emailing property owners to encourage them to vote. Director Doug Parks said he agrees in concept with Daly but suggested using the Communications Advisory Committee to reach out to property owners regarding the proposed changes to the restrictive covenants rather than the Elections Committee. Director Collette Horn asked if there is a specific target number of responses in favor from property owners that need to be received for the proposal to carry. “The way that the DRs are changed … is each section votes. And they can vote multiple times and the vote to change the DR passes or fails when 50 percent of the people in a section plus one votes one way or the “There are other,” Daly said, adding. adding that “there five five sections where this this votevote is not are sections where is required because the declaration of not required because the declararestrictions alreadyalready gives the board tion of restrictions gives the the powers that we’re for to board the powers that asking we’re asking regulate short term rentals rentals and to for to regulate short-term fine.”to fine. and Horn suggested taking an approach similar to that using by a strategic planning committee that conducted a survey of residents. That survey was conducted primarily electronically and received more than 1,800 responses. “I think we ought to consider electronic as well,” she said adding that the OPA could include QR codes in its newsletter, send eblasts, and put cards in the payment books at the Yacht Club to encourage people to vote. She added that residents were able to request a hard copy of the strategic planning survey if they wished. Perrone pointed out that changes to the declaration of restrictions are not a survey, but rather a vote required by the bylaws. “I think the concern is that this is not a survey, this is an actual vote,” he said. He said he doesn’t even think the OPA has the capability currently to conduct a fully electronic vote of property owners. Director Amy Peck asked “how quickly can we transfer over from the old mailing type of voting to electronic voting? Because that seems to be a huge cost savings. To Page 16

December 2021 Ocean Pines PROGRESS 15

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Elections Committee to study possibility of electronic voting in OPA elections By TOM STAUSS Publisher he 1stOcean Pines Elections January Committee, thru January 18th.convening We will in an in-person meeting Nov, 19 open accessible January 19th. Zoon, seemed also accessible viavia Zoom, seems very very interested the possibility of interested in theinpossibility of conconducting future electionsin in Ocean ducting future elections Pines electronically, using tech-

nology and methodology that has been used in the Parke active adult sub-association in Ocean Pines for years. Committee members, who toil for three or four hours compiling scanned ballots in Ocean Pines elections, find the process to be exhausting. An attempt in the Board

of Directors election two years to circumvent much of the process by doing much of the scanning by an off-site vendor, faced criticism. This year, there were about 300 mail-in ballots that arrived after the due date. They were not counted, and in theory were sufficient in number that, had they been count-

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ed, election results results could in theory havecould been have beenWith changed. With voting, electronic changed. electronic revoting, reliance on the mail be liance on the mail would bewould avoided avoided entirely.entirely. This year’s contested election returned to the traditional, labor-intensive, on-site scanning and compiling of ballots. Details of how on-line voting would work in practice remain to be worked out, but the most likely scenario is that the entire process would be farmed out to a private company rather than using the OPA’s new NorthStar software. Ballots containing a unique access code would be sent out to property owners with related election materials in the usual manner. OPA members could access the on-line voting location using their home computers, and perhaps even their phones. An access code unique to each eligible voting address would give OPA members access to the electronic voting booth where they would cast votes for directors or referendum questions. For OPA members reluctant or unable to navigate the on-line system, one possible solution would be to allow them to call in to the vendor’s election center and cast their votes verbally with the help of an individual employed by the vendor, who would enter the votes into the system using the members’ unique access code. This solution might be electronic voting’s Achilles heel, as it would seem to present privacy concerns and a departure from the traditional secret ballot concept. The committee, meeting for the first time under the leadership of chairperson Carol Ludwig, also discussed its year-end report to the board.

Short-term rentals From Page 14 Plus, it’s quick.” Perrone responded, “This would be a change to procedures too.” Peck said she was just asking how long it would take to make the changeover. “Do we know?” Horn responded that the work group of Perrone, Daly, and Wheatley can investigate that matter. Perrone suggested that both the Elections Committee and the Communications Advisory Committee will have a role to play in promoting and conducting the vote. He said there needs to be an effort to educate property owners about the proposal and encourage them to vote.

OCEAN PINES

December 2021 Ocean Pines PROGRESS 17

Viola offers advice on cluster box replacement

By TOM STAUSS Publisher lthough he seems to be residing in the camp that’s skeptical of a $2 million capital project to replace Ocean Pines’ aging and some would say unsightly cluster mailboxes, General Manager John Viola nonetheless is well aware that it’s a board-level topic and he so advised members of the Budget and Finance Committee in a Nov. 12 meeting. The meeting was billed as a hearing to review the updated DMA reserve study, attended remotely by Doug Greene, the DMA executive who conducted the update for the OPA in close consultation with the OPA finance department. Three hours into the meeting, committee member Tom Piatti asked Greene whether his company had some component in its proprietary software “regarding cluster boxes.” It was a way of introducing a topic that has been around for years, whether to refurbish cluster boxes located throughout Ocean Pines at a cost of more than $150,000 per year or to begin a replacement program estimated to cost at $2 million. Cluster box replacement was an issue touched on by former OPA Director Tom Janasek in remarks delivered on the occasion of his recent controversial resignation from the board. To him it was unfinished business, am issue unresolved. At Viola’s recommendation and board-approved, the general manager this year has refurbished one cluster box complex on High Sheriff Trail in Section 10 as a way of gauging time and expense needed for refurbishment. He’s likely to propose a refurbishment program costing $157,000 in the draft 2022-23 to be unveiled later this year. But aware that there is some support for replacement rather than repair, with Piatti seeming to be in the replacement camp, Viola told the committee during the meeting that it needs to develop a formal position on the issue and then present it to the board through its liaison, OPA treasurer Doug Parks. It was not clear at the Nov. 12 how other members were leaning, with Piatti doing most of the talking. He noted at one point that the repair option would cost $8 on the lot as-

sessment next year. Viola said that if the committee is seriously looking at replacement as an alternative to a repair program, then “you need perspective on the cost.” He also said that the cost of covering cluster boxes would be treated as new capital, since they’re currently open to the elements. The OPA’s New Capital Reserve has a balance that is well short of

the capital needed for a $2 million project. Complicating the discussion is the lingering debate over whether the cluster boxes are owned by the OPA or the United States Postal Service. Piatti framed that issue in a way that caught Parks’ attention when Piatti asked who would replace a cluster box in the event one is damaged in a vehicle accident.

That question should be asked of the local postmaster, Parks said. Piatti seemed to be promoting replacement when he reminded his colleagues that homeowner associates are responsible for maintaining property values and that people who favor replacement “might get elected” to the board. After Viola said that replacement gets discussed “every time” during u

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Strategic Planning Committee to present ‘topline’ survey results at Dec. 11 board meeting

From Page 17 budget season, he advised the committee to use its liaison to communicate its recommendation to the board. He then asked Greene for his guidance. Perhaps misunderstanding the question, Greene commented that his primary concern about the reserves and projected spending from the reserves involves roads, not cluster boxes. He suggested that there is insufficient funding in the roads reserve for road resurfacing, even allowing for the fact that it’s difficult to measure how existing roads will age and, accordingly, how much is needed in any given year for resurfacing. “You have plenty of money [set aside] for bulkheads, but in the case of roads, you’re not doing it,” Greene said. “That’s my concern,” suggesting that casino local impact revenue is insufficient when a major road rebuild comes due, whenever that may be.

Members tout value of Ocean Pines amenities By TOM STAUSS Publisher hose waiting for the results of the recent online survey of property owners conducted by the Strategic Planning Committee are going to wait just awhile longer. But not much longer, as it turns out. At a Nov. 18 meeting, the committee decided to present what co-chair Bernie McGorry described as “topline” survey results to the Board of Directors at its scheduled Dec. 11 regular meeting. Topline refers to the survey’s most salient results that answer the question of what OPA members would like to see in new amenities or other community improvements in the future. McGorry presented data showing about 1,800

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completed survey responses as of Nov. 15, including 1,092 surveys filled out by full-time residents. The goal was 500, and the goal was exceeded by 118 percent. Another 692 surveys were filled out by part-time residents, or 38.4 percent above the goal of 500. The number of responders, 1,784, was slightly higher than the previous survey in which there were 1,773. “People were receptive to doing it on-line,” he said, noting 60 hard copy surveys needed to be keyed in by committee members into the Survey Monkey software, representing three percent of the total responses. McGorry said during the Nov. 18 meeting that it now appears likely that a new strategic plan will be To Page 20

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County-funded golf course irrigation system would save the OPA annual depreciation expense

From Page 18 delivered two or three months into the new year, slightly delayed from informal goals of earlier this year. Much of the Nov. 13 committee meeting focused on a discussion of the value of Ocean Pines amenities to the community, sometimes overlooked or misunderstood by some Viola estimates $60,000 savings or about $7 on the assessment OPA members who believe that a maintained out of the golf course maintenance budBy TOM STAUSS substantial portion of their annual get. Publisher lot assessments go to subsidize ameViola said that will continue “until we find out eneral Manager John Viola told members of nities. what’s going to happen” with the county’s proposed the Budget and Finance Advisory Committee The committee was presented spray irrigation system. If a county system is built recently that should the Ocean Pines Associwith financial data that show that then “our system would come off our books,” resultation and Worcester County reach agreement on a only $4 in lot assessments go to ing in a $60,000 per year savings in depreciation excounty-funded spray irrigation system for the Ocean offset amenity losses, with certain pense “to help with our replacement reserve.” Pines golf course, the OPA will realize savings in de“cash cow” amenities such as maViola in a text to the Progress explained how he preciation expense from not having to replace the rinas and beach parking producing calculated the $60,000 savings, which equates to system on its own. large surpluses for the OPA every about $7 on the OPA base lot assessment. Viola offered his assessment during a Nov. 13 year. “If the county pays for irrigation, our expenditures meeting on the recently completed update of the Board liaison Colette Horn pointover the next six years would decrease by about $3 DMA reserve study and its inventory of OPA-owned ed out that golf operations, historimillion in replacement [costs] per the DMA [reserve assets. cally a net operational loss leader, study]. If you depreciate over 50 years, do the math He said that the existing irrigation system is in has turned the corner and is now -- $60,000 per year,” Viola said. the OPA’s inventory of assets and according to the likely to produce a healthy surplus However, during discussion at the Nov. 13 meeting study it’s scheduled “to be replaced in the next five during the current fiscal year. or six years.” Until that time, the system is being u The committee consensus: More effort needs to be expended in presenting OPA members with solid evΊΙΙΛΘΟΎ΍ ψϟ ΎϊϝχϘϊ ΕϏχϔ Prince Georges Cnty (Name of Muni Bond) idence that amenities do notMd require add value to the community, one of confirms what has been long under- adults in their 30s. ΍χϚϋͧ йрͿкйͿлйкт Another statistic mentioned significant operating subsidies and the primary drivers behind robust stood: Ocean Pines tends to be older ΎϞϖ ϊχϚϋͧ йрͿкйͿлйлй interest in Ocean Pines as a residenthan Worcester County as a whole during the meeting: 70 percent of Price: 98.500 (00.00) Ί΍и tial community. and has a whiter population than the OPA membership doesn’t play Coupon: 3.25 (00/00/00) The other is Ocean Pines’ reputa- the county as a whole. the Ocean Pines golf course. tion, backed up by solid crime statisThe highest age percentile in The percentage that doesn’t use When should you07/15/2036 start receiving Social Security? Maturity Date: (00/00/00) tics, as a safe, low-crime community. Ocean Pines are adults 70 to 74. any of the community racquet sport Other interesting demographic A fast-growing demographic are facilities: 85. Callable Date: (00/00/00 or your N/A) Think carefully about 07/15/2028 when to start receiving benefits. data presented during the meeting children newborn to five years and 100 CallYouPrice: (000)your benefits by 39%. could be reducing

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OCEAN PINES it became clear that the $60,000 per year savings could not reasonably be projected out over 50 years. Viola was asked what happens after the county pays off bond debt tied to the new irrigation system. That’s expected to occur after 15 years, when it’s been said that the county will transfer ownership and maintenance responsibility for the system to the OPA, “At the end of 15 years, it would be addressed,” he said. “It [the irrigation system] would be put on the books with 35 years left [of depreciation-related expense.] So what will have been a cost “savings” to the OPA or in reality more of a cost avoidance will, after 15 years, become a new depreciation expense that would go to the lot assessment. Viola told the committee that the aging system costs more to maintain some years than others, depending on which components burn out and need repair or replacement. “This year, it cost us less (than the year prior),” he said. “We’re calculating that if the [pump house] panels go, it will be a big number. If pumping stations go, it would be a big number.” Viola has been arguing for some time that one way or the other the existing system and its various components will need replacing. Working a deal with the county means the OPA doesn’t have to do it on its own. The general manager also told the committee that he and the finance department have been discussing transferring $80,000 in depreciation expense related to golf course drainage improvements to the community drainage account from the replacement reserve. He said that a substantial portion of these improvements benefit not just the golf course, but properties that adjoin it. “It [a portion of drainage depreciation] really should go over to the drainage account,” he said. “It just happens to [all] go to the golf course now, and there’s a lot of it.” Viola said that Director of Finance Steve Phillips is OK with making the change, and they’ll be discussing it with Chris Hall of TGM, the OPA’s Salisbury auditing firm. Since the issue involves were depreciation expense is allocated as opposed to an operating expense, the proposed change would not affect the golf course’s bottom line operationally. But a $80,000 decrease in replacement reserve depreciation expense would favorably affect that reserve by $9.47 per year per lot.

Coastal Bays Program to try again to obtain a grant for Jenkin’s Point design Asks for OPA ‘skin in the game’ to improve chances of funding

Maryland Coastal Bays Program presentation at the Board of Directors meeting Nov. 20 was a step toward launching a new resilience project at Jenkins Point in Ocean Pines. Steve Farr, the watershed coordinator for Maryland Coastal Bays Program, said addressing the Ocean July 201 OPINION Pines Association board was part of the process offession applying for a Maryland Department of Natural reportedly sets a range of 30 to 70 percent as ResourcClarke points to th Election Commentary within acceptable limits for ACC funding. The OPA Club deficits. Clarke es (DNR) grant to get the project started. From Page 52 currently funds its replacement reserve at the low end of the Progre Farr said Jenkins Point is on the Isle of Wightof Bay, just offshore of the Ocean Pines Yacht Club. edition by the multitude of candidates. the “acceptable” range. should be used for an Supik is seen a Thompson cheerleader, andthat area For what it’s worth, has Let’s look at the tw “There’s beenassignificant erosion all along ... Jenkins PointThompson was once reportedly a solid peninsula,” Farr someone in the mold of Pete Gomsak, a former board recommended 50 percent funding of the ACC, to be open. An OPA membe said, adding the area is now barely visible and has “almost disappeared.” u (end-of-fisc 30, 2016, member and current assistant OPA treasurer very achieved over ten years; the recommendation is conmuch aligned with the Terry-Jacobs faction. Both Gomsak and Supik are retired accountants, both are identified with the notion that OPA reserves are underfunded, and both are wedded to the idea that the OPA’s reserve levels should be tied to something called the annual component cost (ACC), a computational confection conceived and embraced by the accounting profession. Gomsak and Terry tried to persuade Supik to run for the board last year, failing to do so, but they succeeded this year. If anyone is the anointed candidate of this particular faction, it’s Supik in spades. Supik has said that, as chairman of the Budget and Finance Advisory Committee, she is used to navigating in very roiled waters, forging a consensus in a group with, at times, sharply conflicting views. Other candidates over the years have said that they, like Supik claims now, can end board factionalism and infighting. It continues, despite the best efforts of those who say they can end it. Factional infighting will probably continue regardless of who is elected this year. It goes with the territory. It becomes ugly when the infighting becomes personal, such as when one director says he’s going to throw a colleague through the wall for the temerity of seeing issues differently. Ocean Pines’ ACC has been estimated at roughly $14 million, which could mean that OPA reserves are underfunded by $10 million if 100 percent funding of the ACC is the goal. Actually, it doesn’t have to be; the accounting pro-

statement to conclud tained in a document that the board majority won’t not performed well fi let him release to the OPA membership. The statement is p A 50 percent funding level still would require a sigsite (under forms and nificant increase in the lot assessment, over a number Operational statemen of years, and talking about assessment increases is appear in departmen never popular, especially during election season. annual audited finan The rationale for keeping the document secret, acAugust. The unaudite cording to Thompson, is that it is a working document the “official” ones ava involved in the updating and completion of the OPA’s The Yacht Club’s o ongoing reserve study. $76,219; a year earlier That’s absurd, because the document itself is comGranted, the year-o plete and has been referenced in one or two board nificant, but a loss is meetings. Property owners paid for that document, hefty funded deprec and it ought to be released immediately. ing) this past year sti Thompson seems willing to release it, but he’s bethrough the annual lo ing stymied by some of his board overseers, who in Supik could have s this instance prefer secrecy over disclosure and transhad she indulged in parency. Perhaps they fear that the Thompson recommost recentl numbers mendation could become an election issue, adversely Supik also seems fi affecting certain candidates, particularly Supik, whodrawing A conceptual (rather than repairing has been open in her viewpoint that OPA reserves are of the way a restored nities, with the Count underfunded. look minority factio current What they don’t seem to realize is Jenkins that byPoint keep-could not certain where ing it secret, it could also have the effect likeofifadversely it ever gets it’s funded affecting certain candidates, particularly Supik, even by the state. First part step:of the majority, strongly biased in the more so than if they had allowed Thompson to release Design approval the The candidates mo his recommendations, and their rationales, to the OPA from continued tenure as membership. Department of Natural mon, Daly, Ray Unger, Supik also has come under fire fromResources. former board Those who like the member Clarke for her public statements to the effect tions. Perhaps too ma that the OPA and the Ocean Pines Yacht Club is doing tion season. – Tom Sta well financially.

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OCEAN PINES

OCEAN PINES BRIEFS Help from Congressman Andy Harris sought on mail cluster boxes

The area marked in green shows Jenkins Point in 1961, years before the Ocean Pines Yacht Club and marina was developed, in an era far more tolerant of disturbing tidal wetlands than today.

Jenkins Point From Page 21 “Last year, we approached … [Ocean Pines Board member] Doug Parks to consider some opportunities for resilience projects, because we knew that Maryland DNR had put out this [request for proposals] and they were looking for opportunities to protect community assets as well as protect habitats,” Farr said. “We looked at several opportunities in Ocean Pines, and Jenkins Point really popped out above anything else.” Farr said Maryland Coastal Bays Program submitted a proposal to DNR about this time last year, but the project was not selected. “We were given indications that it was very close. It was on the edge [and] if they had more money, they hopefully would have approved it,” he said. “We have since had discussions with DNR and they have encouraged us to submit another proposal for this project. In the interim, they also said one of the main reasons why it did not rate higher relative to others was that there was no local cost-share offer.” Farr said he brought that to Parks’s attention, and the Board last summer approved $10,000 in

matching funds. “That’s always a big help with grants like these … to show local skin in the game,” Farr said. He said the project budget is roughly $80,000, which would be limited to design and permitting. “It would not involve actually moving forward with implementation,” he said. “If design and the permitting is achieved, what happens with these grants is that DNR will provide funding for construction without necessarily any participation from the local community ... there’s no financial commitment from Ocean Pines Association beyond the $10,000 that was approved last year.” Association President Larry Perrone asked if DNR would later expect Ocean Pines to contribute a substantial amount of money for what he said could become “a multi-million-dollar project.” He expressed the same concern last year. “My answer would be that we are working with DNR ... with a similar grant program for a project in Chincoteague Bay, and they are fully funding” that program, Farr said. “But we would work with you to seek other grants if the DNR funding was not enough to move forward with the project … there are other opportunities to get money for project like this.”

cean Pines Association President Larry Perrone at the Board of Directors meeting Nov. 20 reported on a new approach the OPA is taking to repair or replace cluster mailboxes in Ocean Pines. The new approach conceivably could address the issue of who owns the cluster boxes and is responsible for their upkeep: the OPA or the United States Postal Service. “There’s been a lot of discussion in the community, and rightfully so, about the conditions of the mailboxes,” Perrone said. “The issue with the mailboxes at this point has been turned over to Congressman Andy Harris’s office to address. “We submitted a constituent’s authorization form yesterday to Congressman Harris’s office, [and] he has a staffer who will work directly with the United States Post Office,” Perrone continued. “We sent them the constituent form along with a spreadsheet of all of our cluster boxes, and then in addition a group of photographs … showing the current conditions of the boxes.” Perrone said the Post Office would next survey the boxes with representatives from Ocean Pines Public Works, “and see if we can put a plan together to try to get these things either replaced or properly maintained.” “At this point, this issue lies with Congressman Harris’s office, and we’ll see what they’re able to do for us,” he said.

Ludwig replaces Habeger as chair of Elections panel

As he has indicated months ago he was preparing to do, Steve Habeger, five-year Elections Committee member and its chair since 2018, stepped down officially on Nov. 19. He has been succeeded by Carol Ludwig, a committee member since February of 2020. Habeger could have opted in for a third term u

OCEAN PINES OCEAN PINES BRIEFS From Page 22 of one year, but he opted instead to retire after his second term of two years. In remarks at the Nov. 20 board meeting, OPA President Larry Perrone said he “wanted to express the board’s thanks to Steve Habeger, who as of yesterday turned over the reins of the Elections Committee to Carol Ludwig. Steve’s been the chairman for the last five years and he has done an outstanding job and [is] a man of the highest quality and integrity,” Perrone said. “While we understand he wanted to move on to other things, he’s going to be sorely missed as the chairman of the Elections Committee,” Perrone continued. “I saw Steve yesterday and thanked him, but again wanted to officially and formally thank him on behalf of the Board and the community.” Mark Heinz, who was appointed at the same time as Habeger, also announced that he had completed his committee tenure.

Reeves named chair of Aquatics Committee

John Reeves, a member of the Aquatics Advisory Committee since February of 2020, has been appointed chairman of the committee, replacing Brooks Ensor, who recently resigned. The appointment was ratified by the Board of Directors during the Nov. 20 monthly meeting. Other committee appointments included Joseph Peloso and Jeannie Pennington, first term, Elections; Anne O’Connell and Karen Krun Delter, second term, Environmental and Natural Assets; and Cheryl Jacobs, second term, Communications.

Pickleball permits awaiting signatures

General Manager John Viola said in remarks during the Nov. 20 board meeting that the OPA continues to wait for state non-tidal wetland permits for four new pickleball courts at the racquet sports complex in South Ocean Pines. He said all issues with the permits have been resolved, and the OPA is awaiting the return of a key employee to the office to affix his signature to the permit. The employee is still observing a Covid-related work-at-home schedule, which doesn’t bring him into

December 2021 Ocean Pines PROGRESS 23 the office every day, delaying the process.

Helvey agains critiques spray irrigation project

Ocean Pines property owner Grant Helvey, after praising the OPA for its financial management and Ocean Pines for being a lovely amenity-packed community, renewed his opposition to the county’s proposed spray irrigation system during the Public Comments of the Nov. 20 board meeting. Helvey referred to the estimated $3 million cost of the proposed project, along with an additional $400,000 to bring treated effluent from the Ocean Pines wastewater treatment plant to the golf course. He said the plan swaps out clean water from the aquifer for highly treated wastewater, which he said was a poor choice environmentally. He said the $3.4 million estimated cost would assess each of the 10,000 ratepayers who receive water and wastewater treatment services from the Ocean Pines system $340. Helvey also asked for assistance from the OPA to persuade the county to replace the wooded fences that surround the 19 pump stations in Ocean Pines with more aesthetically pleasing fences that do not show their age and wear and tear so readily.

efforts by Clubhouse Bar and Grille staff, General Manager John Viola has announced that Automated External Defibrillators (AEDs) are also in place at Public Works, the Racquet Center, Yacht Club, Community Center, Administration Building, Marina, and all five pools. Viola made the announcement during his GM presentation at the Nov. 20 board meeting. All departments have had initial AED training, and Aquatics, Marina, and Recreation and Parks staff are certified to use AEDs in case of an emergency. He credited Aquatics Director Kathleen Cook with leading the charge, both in training and maintenance of the AEDs. “It’s a very valuable training and we’re lucky to have somebody like Kathleen and the rest of the people

here to carry that out,” he said.

Oostveen calls for board resignation

Right after praising General Manager John Viola as the best manager in Ocean Pines in 30 years, long-time resident Roelof “Dutch” Roelof Oostveen called on the entire board of directors to resign. He made his call during the Public Comments segment of the Nov. 20 board meeting. He alluded to the way this summer’s board election was handled as the reason for his call. No director responded to Oostveen, and there’s no indication that any director is planning to resign. Director Frank Brown’s appointed term is already technically exTo Page 26

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26 Ocean Pines PROGRESS December 2021 OCEAN PINES BRIEFS From Page 23 pired, but he continues to serve pending the results of Richard Farr’s law suit against the OPA on the issue of candidate eligibility.

Utility issues remain at Bainbridge Park

General Manager John Viola announced at the Nov. 20 Board of Directors meeting that filtration improvements at Bainbridge Pond have been completed, but there are some remaining utility issues before the overall project can wrap up. “We’re working with the county. We had a meeting with them over the last two last two weeks, and hopefully that [work] will get started in the near future,” he said.

Customer service logs 1000-plus calls, emails

OPA Office Manager Linda Martin updated the Board of Directors at its Nov. 20 monthly meeting on a

customer service initiative launched in March under her supervision. She said that since then more 1,000 emails have been addressed under a tiered system. She said during summer months most emails and calls involved amenities, but at other times the questions are more general. She said the staff monitors the Ocean Pines Facebook page, the Ocean Pines news and information Facebook page, and oceanpinesforum.net. The email address for questions is information@oceanpines.org and the phone number is 410-641-7717 or 410-641-7747 after hours and on weekends.

Leaf program continues through Dec. 17

The Ocean Pines Association is continuing leaf collection procedures for its residents through Dec. 17, on opposite days from Republic Services collection days. The department will only pick up leaves placed in paper bags that residents place curbside.

OCEAN PINES Thirty-gallon paper bags are available at Public Works in bundles of five for $10. Republic Services will pick up paper and plastic bags on scheduled pick-up days, limit four bags of leaves per scheduled pick up. Republic Services will also accept branches tied in bundles no longer than four feet. Additionally, Ocean Pines residents may bring leaves and yard debris in bulk or paper bags to the Public Works yard at 1 Firehouse Lane, near the south Fire Department. The yard will be open Nov. 22 through Dec. 31, Monday through Friday from 7:30 a.m. until 3 p.m., and Saturdays from 8 a.m. to 4 p.m. The yard also will be closed for drop off on Thursday, Dec. 23, Friday, Dec. 24 and Saturday, Dec. 25 because of the Christmas holiday. Public Works will also vacuum leaves. Residents should refrain from blowing leaves directly into the ditches, as this can lead to clogging of pipes as well as difficulty in water flow. For more information, contact Public Works at 410-641-7425.

Kiwanis donation

On Nov. 17 Wendy Myers, executive director of the Cricket Center at Atlantic General Hospital in Berlin and her service dog Josiah spoke at the Kiwanis weekly breakfast meeting. Kiwanis Club of Greater Ocean Pines-Ocean City President-Elect Bob Wolfing presented a $500 check to Myers. The Cricket Center provides child and non-offending family members support, crisis intervention, trauma based therapy and medical intervention. Cricket stands for Child Resource Intervention Center Kids Empowerment.

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‘Hero’ bartender saves customer after heart attack

December 2021 Ocean Pines PROGRESS 27

OPVFD Chief credits staff and use of defibrillator, says ‘outcome could have been drastically different’

uick thinking on the part of a local bartender – and a wellplaced defibrillator – helped save a life on Sunday at the Ocean Pines Clubhouse Bar and Grille. A male patron, whose name was not publicly released, appeared to have a heart attack on Sunday, when bartender Rob Ruszin and manager Judie Scotti swiftly sprang into action. Scotti said she was coming back into the building at around 1 p.m. when she noticed a customer in distress. “He was on the floor, and it sounded like he was having some breathing issues,” she said. “Rob was on the phone with 911. They told him to roll [the man] on his back and then he handed me the phone.” Ruszin, who worked as a lifeguard for several summers and received defibrillator training while in college, tried to administer CPR. Scotti said that man started turning blue, was not breathing and did not have a heartbeat. “I ran and grabbed the AED [Automated External Defibrillator] out of the hallway and ran back, and Rob hooked him up and followed the directions and shocked him,” Scotti

said. “At that point, Rob was doing CPR on him, and he started getting color back.” Ruszin said the whole incident, from the time the man slumped over until the time he used the defibrillator, lasted about two minutes. “It felt like forever though!” he said. “[The defibrillators] really do save lives. It was nerve-wracking, but the Fire Chief came and thanked us afterward. And throughout it, everyone stayed calm and worked together. Everyone helped out.” Soon after the resuscitation, EMS workers transported the man to TidalHealth, in Salisbury. “I got an update that he was doing well in Salisbury, so I was very happy about that,” Scotti said. “Rob did a great job. He was quick and responsive, as well as myself, but I feel like Rob did most of the work. Together, we made it work.” Ocean Pines Volunteer Fire Department Chief Steve Grunewald said the man was alert and responsive when EMS arrived. And Ruszin, he said, was a genuine hero. “He saved the guy’s life – there’s no doubt in my mind whatsoever. He did a fantastic job,” Grunewald said. “It was absolutely fantastic

Bartender Rob Ruszin and Golf Clubhouse Manager Judie Scotti

work in a stressful situation by the staff at the Clubhouse. Without the quick thinking of the bartender, the outcome could have been drastically different. “It also speaks to the importance of these AEDs in public buildings,” he continued. “That AED just paid for itself. It saved that gentleman’s life. But the big hero is the bartender – he stepped in and went beyond his normal job duties, and he saved this person’s life.” Aquatics Director Kathleen Cook maintains defibrillators across all Ocean Pines facilities, and supplies information to staff on how to use them. That includes the Administration Building and Community Center, all five pools, all three restaurants, and the Golf Club, Marina and Racquet Sports Center. Studies have shown that quick use of a defibrillator can drastically increase a person’s chance of survival. A National Institutes of Health report said the survival rate was

74% for victims who received their first defibrillation within three minutes, while those who received their first defibrillation after three minutes have a survival rate of just 49%. Additionally, an American Heart Association study showed that cardiac arrest victims who received a shock from a publicly available AED had far greater chance of survival and being discharged from the hospital (66.5%) than those who did not (43%). Cook said she tests all the units monthly, and last checked the Clubhouse Bar and Grille defibrillator just a week ago. “I’m just thrilled that it was there and that it worked,” she said. “[The defibrillator] would have never shocked him unless he needed it, so the guy was in trouble. So, hats off to Judie and Rob. They handled it flawlessly.” General Manager John Viola said he was proud of the team and gratified that their training and knowledge paid off.

28 Ocean Pines PROGRESS December 2021

OCEAN PINES

OPA surplus grows $72,00 in October Year-date-to operating fund positive variance rises $1.374 million

By TOM STAUSS Publisher lthough the operating fund surplus was not as good in October as previous months, it was still solid. The Ocean Pines Association recorded a $71,904 positive operating fund variance, on revenues that were over budget by $149,128 and total expenses over budget by $73,8418. New capital expenses were over budget by $3,383. The OPA’s positive operating fund surplus has now grown to $1,373,291 for the year, on revenues over budget by $1,222,867 and expenses under budget by $158,563. New capital expenditures are over budget by $8,139. The financial results were contained in a report to the Board of Directors and General Manager John Viola by Controller/Director of Finances Steve Phillips and posted on the OPA Web site on Nov. 24.

The Yacht Club was assessed $105,849 in “other” expenses for the month, more than $84,000 over budget. The same was true at the Beach Club, where the “other” expense category was $33,384, more than $25,000 over budget. Viola told the Progress that the OPA has begun “accruing” for profit-sharing bonuses that the Matt Ortt Companies will be receiving this year under its contract for reaching and exceeding budget goals. Through October, all OPA amenities continue to operate in the black, many well into six figures. All but platform tennis are ahead of budget for the year. All amenities with one exception are ahead of last year, most of them substantially. Only marina operations are off last year’s pace, but marinas continue to be a cash cow. The $260,088 in net revenues this department has generated through October is $42,242 ahead of budget.

OPA NET OPERATING BY DEPARTMENT - OCTOBER 2021

Source: Ocean Pines Association Department of Finance

OPA RESERVE SUMMARY, PERIOD ENDING 10/21/21

Source: Ocean Pines Association Department of Finance

Last year’s net through October was $276,406. Golf led the way in October among the amenities in both net operations and performance relative to budget. For the year, only the Yacht Club has generated a larger positive variance to budget. Golf operations for October netted $40,017, ahead of budget by $27,542. For the year through October, golf has netted $529,382, ahead of budget by $271,820. A year ago through October, the operating net for golf was $198,754. That’s a $330,628 year-over-year improvement. The Clubhouse Grille produced a profit of $4,308 in October, behind budget by $1,952, but for the year through October the grille has an operating surplus of $65,751. That’s ahead of budget by $45,507. A year ago through October, operations were $58,711. That’s a year-over-year improvement of just short of $7,000. The Yacht Club slipped into a deficit in October, missing budget by $61,612 and losing $12,161. But for the year, the Yacht Club’s performance has been stellar, earning $559,110 with a positive variance to budget of $198,662. A year ago through October net operations were $360,037. The year-over-year improvement was slightly more than $199,000. Aquatics continues to be the amenity with the most dramatic year-over-year improvement. In October, Aquatics lost $40,017, ahead of budget by $1,499. For the year through October, Aquatics earned $187,814, ahead of budget by $204,409. A year ago through October Aquatics had recorded a $116,969 operating loss. That’s a year-over-year improvement of almost $305,000. Although Beach Club operations closed in September, it continues to incur expenses that can erode the operating surplus realized during the summer season. The Beach Club lost $33,374 in October, missing budget by $25,371. Still for the year through October, the popular Ocean City beach amenity recorded a $163,445 operating surplus, ahead of budget by $45,285. A year ago through October, the Beach Club was in the black by $117,744. The year-over-year improvement was $45,701. Beach parking, also not operational in October, nonetheless recorded a small operating surplus of $7,677, missing its monthly budget by $2,740. But the number that is much more illustrative is the $431,259 year-to-date surplus, ahead of budget by $54,413. A year ago through October beach parking had generated a $301,523 surplus. The year-over-year improvement was about $75,000. Racquet sports continue to be showing an operating surplus through October,, with pickleball the star performer financially. Pickleball recorded a $8,463 net in October, ahead of budget by $8,8,547.

OPA FINANCES

December 2021 Ocean Pines PROGRESS 29

For the year, pickleball is in the black by $55,469, ahead of budget by $27,517. A year ago through October, the net was $15,832. The yearover-year improvement is about $40,000. Tennis lost $8,781 during October, missing budget by $6,671. For the year, tennis is in the black by $732, ahead of budget by $12,464. A year ago through October, tennis had recorded a $31,046 deficit. The year-over-year improvement is almost $32,000. Platform tennis missed its budget in October by $552, on a net loss of $2,239. For the year through October, platform tennis recorded a net of $1,337, behind budget by $5,271. But that’s better than the $7,750 deficit recorded through October of last year. That’s a yearover-year positive swing of more than $9,000. Parks and Recreation, funded in part by class and event fees and lot assessments, continues to perform close to budget for the year. Through October, its positive variance to budget was $13,257. In October, the positive variance was $3,097. All assessment-financed departments are ahead of budget through October, led by Public Works’ positive variance of $153,681. Status of reserves -- OPA reserves as of Oct. 31 had a balance of $7.48 million, down from $7.571 million at the end of September. The replacement reserve had a balance of $5.02 million, while bulkheads and waterways stood at $1.39 million, roads at $8,421, drainage at $804,126 and new capital at $253,125.

Viola hopes for assessment decrease, but amenity fees are likely to rise

eneral Manager John Viola hopes the draft budget for 2022-23 that he and Director of Finance Steve Phillips will be delivering before Christmas will be able to propose a decrease in the base lot assessment. It’s currently set at $996 per year. He was responding to a text message from the Progress. There’s no guarantee the draft budget will show a decrease, and of course the Board of Directors will review and make its own decisions on the assessment for next year. In remarks during the Nov. 20 meeting of the board, Viola said the budget was “progressing very nicely.” He said staff used a “bottoms-up” approach to the budget, with some “top-down” input from the general manager. Next in the process, he said budget binders would be delivered to Budget and Finance Advisory Committee members before the Christmas holiday, and staff would make public budget presentations to the committee on Jan. 4-6. “When I present the proposed budget, it will be probably a little different this year. I will be addressing a surplus that we have ... that we realized last year,” he said. “That will all come to play, and I will certainly analyze that and present that to [the committee], the Association and the board, and I think we have a few options this year that we haven’t had in the past.” That was a veiled reference to the possibility of an assessment decrease. Viola said headwinds including inflation and mandatory minimum wage increases were among the factors that would impact the next budget. “With the inflation [and] ... with the increases in the minimum wage it is prudent – and I have and we are – looking at [proposed] pricing and pricing increases for our amenities,” Viola said, including Aquatics, Golf and Racquet Sports.

Board rejects changes to two resolutions

The Board of Directors at its Nov. 20 monthly meeting rejected two proposed changes to the u

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30 Ocean Pines PROGRESS December 2021

WORCESTER COUNTY

Bertino, Bunting slam cost escalation for proposed sports complex Open Space funding no longer seen as significant contributor to land purchase By ROTA L. KNOTT Contributing Writer riginally offered as a nearly no-cost option for bringing multi-million-dollar money making athletic events to Worcester County, a proposed sports complex could now cost tax payers $15.5 million. Staffers that posited the project on a property along Route 589 north of Ocean Pines now say the state funding stream initially envisioned to pay for the sports complex is a no-go and the county will need to cough up significant coin to make it happen. Commissioner Chip Bertino, hav-

ing consistently expressed skepticism about the cost versus benefits during earlier discussions about the project, tried to get the sports complex pulled from the county’s capital improvement plan during a Nov. 2 meeting. But with just fellow Ocean Pines area Commissioner Jim Bunting the only one on his side, Bertino didn’t have the votes to remove the sports complex from the CIP before it goes to public hearing on Dec. 7. His motion to eliminate it from the CIP failed in a 2-5 vote. Bertino said the sports complex is listed in the CIP as a $15.5 million expenditure. However, when

Financial resolutions From Page 29 OPA Book of Resolutions pertaining to financial management, particularly the duties of the general manager in reporting overages in expense items to the board. Changes to resolutions F-02 (Annual Budget Development) and F-03 (Financial Reserve Accounts) were each rejected by a 3-4 vote. Some board members had issues with changing some of the language from “shall” to “should.” Director Colette Horn raised the objection to a proposed change in F-02 that currently reads that any significant variation in revenues and expenditures of 5 percent or great “shall” be brought to the attention of the board by the GM, with recommendations on how to deal with the overages. There’s similar language in the same resolution pertaining to overages in the monthly financials. Horn said she preferred to keep the current language not because of any concern that Viola was not providing timely financial information to the board. But she said a future GM might not be as forthcoming. OPA President Larry Perrone, Josette Wheatley and Frank Brown agreed with Horn. OPA Treasurer Doug Parks suggested that “shall” replacement language amounted to micro-management of the GM by the board. He added that trying to calculate when a certain line item exceeded a five percent overage, or was just a hair under, amounted to a lot of bureaucratic busy-work. He said the recommended change from “shall” to “should” had the support of the Budget and Finance Advisory Committee. Director Amy Peck said she agreed with Parks, and Director Frank Daly said he wasn’t sure it would matter either way. In the end, he joined Parks and Peck in support of the change, but it failed when Horn, Perrone, Wheatley and Brown voted against. The outcome of the vote probably would have been different had either Rick Farr or Stuart Lakenick, candidates for the board in this summer’s contested election, replaced the appointed Brown on the board. The directors also voted down proposed changes in F-03, ostensibly for the same reason as in F-02, but a copy of the resolution on the OPA website does not indicate any reference to “should” or “shall.” A housekeeping change to C-02 passed unanimously.

the commissioners discussed the proposal in January, county staff was adamant that Program Open Space funds through the Department of Natural Resources would pay for most of the cost of land acquisition and development. “As far as funding we were told that Project Open Space money could be used to fund 90 percent of the development cost with the county only footing the bill for 10 percent. And that Project Open Space funds could be used to cover 100 percent of the acquisition cost,” he said. He pointed out that former Recreation, Parks, Tourism, and Economic

Chip Bertino

Jim Bunting

Development Director Tom Perlozzo said a $12 million facility could result in a one-time cost to the county of just $1.2 million if Program Open Space funds were secured for the project. “Is it still accurate the Project Open Space money could be used as we were told last time we discussed this in January?” he asked. Weston Young, chief administrative officer, said no, Program Open u

Martin summarizes key points of DMA-Lite

Ocean Pines Association Office Manager Linda Martin summarized key findings of the recently completed reserve study, called DMA-Lite for the company that did the work, in a presentation at the Nov. 20 Board of Directors meeting. The findings were reviewed by Budget and Finance Advisory Committee earlier in the month, with most of them approved. According to Martin, DMA’s Doug Greene suggested a 3.08 percent per year inflation rate for replacement assets over the next five years, and a transfer rate of 3.8 percent. General Manager John Viola later explained that the transfer rate refers to assets that are shifted into a later year for replacement because they are still in good enough shape to remain in service. Martin also said that DMA recommended a fully funded depreciation percentage of 20 percent of the replacement value of replacement reserve assets. The intent of this policy objective is to ensure that the OPA has at least 20 percent of the replacement value of all its assets contained in the replacement reserve. The revenue source for this is funded depreciation, calculated on an annual basis. All of these changes were recommended by DMA’s Greene. Martin said the reserve study contractor also recommended an increase in contributions to both the replacement reserve and roads reserve. The committee has raised issues about diverting a portion of the assessment collected for asset replacement into the New Capital Reserve, Committee members have also questioned casino money as the only source of funding for the roads reserve. Greene mentioned what he regards as a shortfall in roads funding in closing remarks to the committee.

Parks reports on assessment collections

Through October, the OPA has collected $9,319,062 out of $9,348,383 in assessments levied in 2021-22, for a collection rate of 99.68 percent. Through October of last year, the OPA had collected $8,704,861 out of $9,126,237 levied in 2020-21, a covid year, when the collection rate was 95.38 percent. The numbers were reported by OPA Treasurer Doug Parks as part of a report he delivered during the Nov. Board of Directors meeting.

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OPA, Richard Farr, awaiting judge’s decision on candidate eligibility In closing remarks, Judge Campen reiterated his critique of the way board handled Board of Directors election By TOM STAUSS Publisher hile not dispositive of how he might decide the issue of whether Rick Farr was an eligible candidate in the 2021 Board of Directors election, Judge Sidney Campen in a Nov. 15 court hearing in Snow Hill again took exception to the way Ocean Pines Association directors handled the election. He again cited the “little birdie” that he said interrupted the normal process for electing directors in Ocean Pines. He was referring to the phone call to General Manager John Viola two

Sports complex

From Page 30 Space funds cannot be used for the full cost of the proposed sports complex. “We’ve analyzed our Program Open Space money, both what we have and what’s coming in. There was a $1 million grant that we thought could be used for acquisition but it was meant only for existing parks. And what we’ve put in the CIP is what we think we would need for acquisition and that involves basically bonding a large amount of it,” he said. Bertino said using county tax dollars through the CIP to fund the project is very different from the from earlier discussions about POS funding brought up in January. “It doesn’t even include some of the expectations that were presented in May in closed session with regard to funding and paying for the sports complex,” he added. “We went from a possibility of no more than $1.2 million. Now we’re up to $15.5 million. And regardless if we think this project is a good one or not, now it’s on the backs of taxpayers. And it wasn’t when we were talking about it in January or even in May. I have concerns about that,” Bertino said. He made a motion to accept the CIP and move it forward to public hearing but only if the sports complex and a proposed $32 million pub-

weeks prior to the scheduled vote count alleging that there was an ineligible candidate on the ballot. Viola turned over the information from the anonymous tipster to then board secretary Camilla Rogers, who after checking with the OPA attorney Jeremy Tucker and a trust attorney, decided that Farr was ineligible on the grounds that he was not an “owner of record” on Jan. 1 of this year. That triggered the law suit that Judge Campen is presiding over. A majority of directors effectively ratified Rogers’ decision in a number of

lic safety building were removed. “Only because we haven’t had an opportunity as a group to discuss the funding formula that’s presented in the CIP,” he said. Bunting gave a second to Bertino’s motion, saying that once a project is included in the CIP people expect it to happen. “The sports complex was never presented that we were going to use taxpayers’ money to build it and operate it,” he said. “And that’s the way it looks right now.” Commissioner President Joe Mitrecic reminded Bertino and Bunting that the CIP is just going forward to a public hearing. Bertino acknowledged that and asked that the public hearing not include the sports complex and a new public works building as proposed projects. Commissioner Bud Church favored leaving them in the CIP for now for discussion, as did Commissioners Diana Purnell, Josh Nordstrom, Ted Elder, and Mitrecic. The motion failed to carry in a 2-5 vote. Nordstrom then made a motion to hold a public hearing on the CIP as proposed by staff, including the sports complex, and Church gave a second. That motion carried 5-2 with Bertino and Bunting opposed. Also included in the CIP is a proposed project to spray irrigate the Ocean Pines golf course with treated

procedural votes, including a vote to conduct a do-over election without Farr as a candidate. Judge Campen tossed out that decision and ordered the OPA to count all the votes that had been cast in the original election this summer, including those cast for Farr. Farr was the top vote-getter in the election. Had Rogers and the board majority not responded as Richard Farr they did to the “little birdie’s” call, Judge Campen said, there would have been no lawsuit. He said the board should have allowed the vote count to occur under the usual process and seated Farr if he had won the election. If a board majority -- actually a super majority of five directors is required -- concluded he was ineligible, they could have voted to remove him “for cause” as a director, Judge Campen said. The judge had indicated in a hearing in late October that he was prepared to render a decision in the case at the Nov. 15 hearing, but he instead gave Farr attorney Bruce Bright five days to file

effluent from the Ocean Pines wastewater plant. Bertino cautioned the staff to make sure the Ocean Pines Association’s Board of Directors is still in favor of moving ahead with the project in the face of criticism from some community members. “I know we’ve gotten a letter from Ocean Pines endorsing that project but there are some concerns among the community that’s being expressed. I think we need to work through those issues before we say that this is gonna go to a bond,” he said. Overall the CIP for fiscal years 2023-2027 includes projects totaling more than $202 million. Of the proposed projects, $9.9 million or 4.9 percent are proposed to be funded by the General Fund and $89.9 million or 44.4 percent from general bond funds. The remaining portion would be funded by user fees, grant funds, State match funds, State loans, assigned funds, and enterprise fund bonds. The CIP is a planning document, and a project’s inclusion in the CIP does not constitute funding approval. Bertino said that the commissioners should have the opportunity to review proposed projects above a certain threshold prior to including these items on future CIPs. He had better luck getting $200,000 in funding for the sports complex struck from the proposed assignment of the FY21 Fund Bal-

u ance of $16.l million. The Fund Balance is an accumulation of year-end surplus funds over the past several years, and while funds have been assigned to particular projects, they are not restricted by ordinance or resolution. “There is the proposal to increase by $200,000 the outdoor sports complex. At present, we don’t have a plan, a piece of property, or a partnership for that,” Bertino said. He suggested eliminating that project and shifting the funds to help cover school improvements and county benefits for former employees. The commissioners voted 4-3, with Bertino, Bunting, Elder, and Nordstrom voting in favor and Church, Mitrecic, and Purnell voting in opposition to adopt fund balance allocations without the sports complex project funding. In a commentary that Bertino wrote for the most recent Ocean Pines Association quarterly report, he said that a proposed location for a sports complex, at the intersection of Routes 589 and 113 and Old Worcester Highway, is no longer actively being pursued. The land owners of the 100-plus parcel haven’t been in touch with the county to negotiate a purchase, Bertino wrote. Another rumored location is in the Berlin area, a parcel fronting Route 50 west of Stephen Decatur High School.

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Farr vs. OPA From Page 31 a concluding brief in the case. OPA attorney Anthony Dwyer had filed a closing brief within days of the Nov. 15 hearing, and Judge Campen said Bright should have a few days to respond. Bright told the Progress that he thought the judge might render a decision in the case before the end of the day Nov. 26, but it didn’t happen. The next window would be the week of Nov. 29. A “Progress Report” on the decision will be posted on www.issuu.com/oceanpinesprogress as soon as it becomes available. Much of the Nov. 15 hearing was devoted to testimony from witnesses called by Bright, including Membership Director Ruth Ann Meyer, OPA Vice President and Director Colette Horn, and Tucker. Bright referred to their testimony in his closing brief as contradictory and inconsistent, evidence that the decision to disqualify Farr was made in bad faith and without foundation. Dwyer in his closing brief defended Roger’s decision and methodology in making it, arguing she relied on expert advice and her own investigation and that, as board secretary, she was doing her job. Judge Campen has already indicated on numerous occasions that he disagrees with Dwyer on that point. [See separate articles in this edition of the Progress detailing the closing arguments by each of the attorneys.] In an interesting comment in his closing brief, Dwyer cited another candidate in this summer’s election, Stuart Lakernick, as someone whose interests would be adversely affected if Judge Campen rules Farr was eligible. Lakernick finished third in the election, less than 100 votes behind the second-place finisher, Frank Daly. Dwyer perhaps was implying that if Farr was ruled ineligible, that the board would be obligated to seat Lakernick. There have been unconfirmed reports that if Judge Campen rules against the OPA in the case, a board majority will vote to appeal the decision. Whether that means a board majority will then vote to seat Lakernick to replace the appointed Frank Brown, whose term was supposed to expire in August, remains an open question. Does Brown have the authority to vote on his replacement should the issue surface at the board level? That too remains an open question. Brown’s vote would be needed for any board majority decision to appeal, to seat Lakernick, or to allow Brown to continue to serve on the board pending an appeal. Based on comments he’s made critical of the OPA on process, it’s possible Judge Campen will opt to order the board to seat Farr as the top vote-getter in the election without ruling on the eligibility issue. Consistent with his remarks on the bench throughout the trial, he could rule that the board failed to follow OPA by-laws in administering the election. He could then remind the board if directors feel there are grounds for Farr’s removal once seated, there is a by-law procedure that allows for that.

Jeremy Tucker

Colette Horn

Camilla Rogers

Farr attorney notes ‘inconsistencies’ on candidate eligibility issue among OPA witnesses By TOM STAUSS Publisher n a closing argument submitted in the Farr vs. OPA candidate eligibility case, Bruce Bright, Rick Farr’s Ocean City attorney, pointed to some intriguing inconsistencies in the depositions and testimony at a Nov. 15 court hearing in Snow Hill on the key issue in the case. Bright wrote that Ocean Pines Association Director Colette Horn, former OPA Secretary Camilla Rogers, OPA attorney Jeremy Tucker and OPA Assessment and Membership Supervisor Ruth Ann Meyer “expressed differing, inconsistent, and not adequately developed views” as to who may or may not be a candidate in a Board of Directors election. He said these conflicting views “further demonstrates the arbitrariness, and lack of good faith, of the Defendants’ stance as to Mr. Farr’s candidacy.” According to Bright, Tucker stated in testimony that a member of an LLC [limited liability corporation] that owns Ocean Pines property “may or may not be qualified to run for the Board. He has said he has never considered whether a shareholder of a corporation owning property could do so. His position is that a beneficiary of a trust that owns Ocean Pines property is not qualified to run for the board; but under by-law section 5.01, such beneficiary would, at the same time, be qualified to serve on the Board.” Bright wrote that Meyer, who he called the “front line” OPA employee who determines Board election candidate eligibility, has “stated that, in her view, a person ‘associated with’ a Trust that owns Ocean Pines property may be a qualified candidate, even if such person’s name does not appear as “grantee” on the property deed. She also admitted that, in making her qualification decision, she looks only at the Ocean Pines owner database and SDAT [State Department of Assessments and Taxation] information but does not look at deeds.” Bright said that Meyer’s position is significant because the OPA’s position in the case “is that the name appearing on a deed for Ocean Pines property is, without regard to anything else, what purportedly determines candidate eligibility. This contention is undermined by the manner in which Ruth Ann Meyer determines candidate eligibility.” Rogers, who recently resigned as OPA secretary and from the board, was the director who, about two weeks before the scheduled counting of ballots in this summer’s board election, decided to disqualify Farr as a candidate. According to Bright, Rogers “testified that a member of an LLC owning Ocean Pines property would not be qualified to run for the board. She testified that only an individual whose name appears in a deed as Grantee can run for the board, but she admitted that in reviewing and approving 2021 candidate registration forms, she did not look at any deeds (even though, as a lawyer, she knew how to quickly obtain deeds from on-line public records).” Bright said that Horn, the OPA’s vice-president and previously a board secretary “in charge of elections, views ‘principal’ shareholders of professional corporations that own Ocean Pines property as being qualified to run for the Board; and she views members of an LLC that owns Ocean Pines property to be qualified to run for the Board.” Bright said that Horn was “unwilling to state definitively that she agreed with Secretary Rogers’ decision regarding Farr, only that she essentially deferred to that decision. According to Bright, Horn testified that, in 2018, “in reviewing a potential board election candidate’s registration form, she determined that the property he listed on the form was owned by an LLC. She determined that he was not a member of that LLC and therefore could not be u

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Closing arguments in Farr vs. OPA Excerpts taken from final briefs filed with the court Bruce Bright, attorney for Richard Farr:

Anthony Dwyer, attorney for the OPA:

• The decision to disqualify Farr was “abrupt, secret and unlawfully made.” • Farr was an “owner of record” of 21 Birds Nest Drive based on his status as a direct beneficiary of the Farr Living Trust since 2000, having resided in the property since 2019, and having paid all costs incidental to ownership, including OPA dues. • OPA By-law Section 5.02(d) provides that the “The Secretary shall verify that the Association’s records as of May 15th support each candidate’s eligibility and shall submit a list of eligible candidates to the Elections Committee not later than June 1st.” That provision does not provide for the Secretary to verify that the Worcester County Land Records support each candidate’s eligibility (or that both the OPA records and Worcester County Land Records support each candidate’s eligibility). It refers to only the OPA records, and the record is clear that OPA records do not include deeds for Ocean Pines properties. • Mr. Farr was at all relevant times listed (along with a photo of him) in the OPA records (the “database” maintained by Ruth Ann Meyer) as a member/owner associated with 21 Bird Nest Drive. • In the process used to verify Farr’s eligibility to run, neither Meyer, the OPA’s membership and assessment director, nor OPA Secretary Camilla Rogers looked at any deeds or Worcester County land records, undermining OPA’s argument in court that names on a deed determine whether an individual is an “owner of record.” • Ruth Ann Meyer also testified that as the OPA employee charged with reviewing Board candidate applications for the past eight years, persons associated with a trust but not necessarily grantees, or trustees, could run for the Board. This conclusion was at odds with a key assertion by the OPA in this case. • The “abrupt decision” to disqualify Farr after an unnamed tipster called General Manager John Viola about a possible unqualified candidate “was made unlawfully in secret, in a closed session of the Board, by Camilla Rogers and/or the Board. During the same closed session, through a motion that was unlawfully made, seconded, and voted upon, the Board decided to continue with the election but not count any votes cast for Mr. Farr, and certify the results on that basis. This secretly-made decision – arrived at three days after the mystery tipster had made his or her phone call to the General Manager of the OPA – was then announced to the OPA membership, some ten days before the deadline for returning completed ballots. • Rogers admitted in testimony that in making her disqualification decision, she did not consider or review any provision of the By-laws, the Charter, or the Declarations, other than the undefined “owner of record” language contained in section 5.02(a) of the By-laws. [OPA Counsel] Jeremy] Tucker To Page 34

• Secretary Rogers ‘correctly’ decided under the applicable by-law that Farr was ineligible because he was not an ‘owner of record’. She determined that he was not an owner of record because he was a family trust beneficiary, not a trustee, and in her judgment only trustees are owners of record. He cited Black Law Dictionary, 8th edition, as defining “owner of record” as a title as it appears in the public record after a deed is recorded. The court should not substitute other possible interpretations “for the plain meaning of the by-laws.” • Regardless of the correctness of the Ms. Roger’s interpretation, the Business Judgment Rule/Rule of Non-Intervention constrain this court from substituting its judgment for that of the duly-elected secretary. ... The rule precludes judicial review of a legitimate business decision of an organization, absent fraud or bad faith. • If the court concludes that Ms Rogers should have concluded that Farr was eligible to run, “it will adversely impact the duties of OPA’s duly-elected secretary. ... The decision to declare Mr. Farr ineligible protected the integrity of the election process. More specifically, it protected the other eligible candidates in the election. If this Court instead declares Mr. Farr eligible, the Court will be unfairly prejudicing the prospects of the eligible candidate with the third most votes in the election, Mr. Lapernick (sic). • Ms. Rogers’ decision was not arbitrary. The application form had been modified to include the language “owner of record.” ... A challenge based on “owner of record” had occurred in a past election involving Mr. Brett Hill. Thus, the process of checking the land records to confirm “owner of record” status was not arbitrary -- it had been done before in a prior election. Ms. Rogers applied a common sense and legally justified interpretation to the “owner of record” requirement and there is no fair basis to overturn her considered judgment. • The by-law standard is whether the candidate is owner of record, not whether or not the OPA records, which are supplied to OPA, demonstrate that the candidate is an owner of record. Again, the OPA records introduced at trial do not show that Rick Farr was owner of record. The SDAT records did not show the deficiency (not clear who the trustees were), but the land records did. Candidate Farr’s parents took advantage of the law to place the property in trust, but there were implications to ownership by not naming Rick Farr as a trustee. • Plaintiff continually argues that he had equitable ownership of the property. Mr. Rogers sensibly concluded that equitable ownership does not qualify as “owner of record” under the common sense meaning and Black’s Law definition of “owner of record”. Plaintiff nonsensically argues that since counsel’s personal version of Black’s Law Dictionary does not define owner To Page 35

Inconsistencies From Page 32 qualified to run for the board based on that property; but she admitted that, had she found him to be a member of that LLC, he would have been qualified to run on that basis (assuming he was current on OPA dues, which as it turned out, he was not).” The candidate in 2018 to which Horn referred was former acting general manager and Director Brett Hill, who sued the OPA and Horn for his exclusion as a candidate. When the case dragged on for months without a decision, he eventually withdrew it.

Bright contended that the differing positions taken by these four individuals undermine the OPA’s position on candidate eligibility in the case. “There is – quite literally – no consistency or cohesiveness as to the positions taken by the testifying board members, their counsel, and their personnel,” Bright wrote. “Mr. Farr was arbitrarily targeted and disqualified, without sound legal or factual basis, abruptly and unlawfully in closed session, without a meaningful opportunity for him and his supporters to be heard, and in a manner that is irreconcilable with the OPA governing documents, defendants’ election-related practices and procedures, the content of the OPA candidate registration form, and defendants’ po-

sitions as to other types of equitable owners of Ocean Pines property.” OPA attorney Anthony Dwyer took exception to some of Bright’s contentions in his closing arguments. Dwyer said that the decision to disqualify Farr was made by Rogers not by the board, and that decisions to essentially confirm or to take action consistent with Rogers’s decision were made in public session. Dwyer also said Farr and his attorneys were given an opportunity to present information that backed his case for eligibility but that, in Rogers’ opinion, that information failed to show that Farr was an owner of record on Jan. 1 of this year.

34 Ocean Pines PROGRESS December 2021 Bright closing arguments From Page 33 admitted in testimony that, in advising the Board on the matter, he relied on his own definition of the “owner of record” phrase (as meaning only expressly named grantee(s) on a deed) and did not consider or discuss with the Board equitable ownership of property as conferring (under express provisions of the OPA governing documents) membership and owner” status. Tucker admitted that no provision of the Maryland Code and no reported case law supported the Board’s disqualification decisions. He apparently relied almost completely on a purported “Black’s Law Dictionary” definition of “owner of record,” which at least in some editions of Black’s Law Dictionary, does not exist. • Tucker and Board Member Colette Horn admitted during testimony that there are no provisions anywhere in the OPA governing documents (including the By-laws) authorizing any member of the Board to disqualify a previously approved candidate in the midst of an election. • Tucker has stated (in testimony and in his communications to the Board back in July) that an equitable owner in good standing who is fully qualified to serve on the Board under 5.01 of the By-laws, purportedly cannot run for the Board under his interpretation of By-law section 5.02(a), if such equitable owner’s name does not appear on the property Deed as a grantee. • Tucker stated incorrectly that: 1) the By-laws define a Member as the legal and equitable owner of the Lot (the By-laws, Declarations, and Charter provide that legal ownership or equitable ownership confers “Member” status); and the beneficiary of a trust is not an owner of trust property. It is reasonably inferable if not apparent – based on those erroneous statements and his previous failure to address and discuss equitable ownership as bearing on Plaintiff’s qualification to be a Board member and to run for the Board – that from the start, Tucker had a “blind spot” when it came to equitable ownership, [and] trust beneficiaries as equitable owners of trust property. • Secretary Rogers made her decision to disqualify Farr without affording him “any meaningful opportunity to be heard. She did so without affording other OPA members any opportunity to be heard. She did so without reviewing, considering, or discussing with anyone, any other Bylaw provisions, any OPA Charter language, or any language within the applicable Declaration. She ignored completely language in the By-laws, the Charter, and the Declaration to the effect that “equitable” owners of OPA property are deemed OPA “owners” and “members,” with all appurtenant rights. • Secretary Rogers “never considered whether “owner of record” could mean owner on the records of the OPA. She never looked at or considered Farr’s history of having voted (and been allowed to vote) in prior OPA elections. • She did not consider that he: had resided at the property since 2019; had been a beneficiary since 2000 of the family Trust that holds legal title to the property; had paid all ownership costs associated with the property, including OPA dues

and charges, for many years. • This Court has rightly found that “the totality of the activities of the OPA Board, in certifying Mr. Farr as a candidate, disqualifying him in the middle of an election, and then deciding to conduct another election without Mr. Farr on the ballot, thereby, ensuring the re-election of an incumbent Board member; is a sufficient demonstration of bad faith, self-dealing and unconscionable conduct to justify judicial review. • The clear differing positions between Board members, legal counsel and Ruth Ann Meyer on eligibility “demonstrates arbitrariness and lack of good faith” by the Board. • The decision to disqualify Farr and to proceed with a do-over election without counting or including votes for Farr was “unlawful and outside the scope” of Board powers • There is no provision in the By-laws (or any other OPA governing document) – none whatsoever – empowering the Secretary, the Board, or the Elections Committee to decide in the midst of an election, after the ballots have already been distributed and many of them returned, to “disqualify” a candidate. The only time to properly determine candidate eligibility or the lack thereof, under the By-laws, is before the ballot is finalized and distributed. • Under the Maryland Homeowner Association Act, “matters related to elections and Board candidate eligibility are not among those matters that can properly be discussed in closed session ... and more basically, the Board has no authority to decide or vote on any election-related matters, including Board candidate eligibility, in closed session. • Farr, as an equitable owner of property in Ocean Pines since 2000, is entitled to run and serve on the Board. “It is long and well-settled in Maryland and elsewhere that beneficiaries of a trust hold equitable/beneficial title to trust property.” • Section 5.01 of the OPA By-laws provides that “[t]he affairs and business of the Association shall be managed by a Board of seven Directors, each of whom shall be member of the Association eligible to vote.” Section 1.07 of the By-laws defines “Member” as an “owner [of Ocean Pines property], as specified in the Declarations of Restrictions or Charter.” Likewise Section 2.02 of the By-laws states that “Membership in the Association is vested in the owners of real property in the Subdivision, pursuant to the Declarations of Restrictions or Charter.” Section 12 of the Declaration for “Section 6” of Ocean Pines, where Plaintiff’s property is located, states that “[e]very person who acquires title, legal or equitable, to any lot in the Subdivision shall become a member of the [OPA].” The Ocean Pines Charter provides, in Article “SIXTH,” section 1 and 6, that “Members of the Association shall be persons who at any time are owners (legal or equitable) of numbered residential lots, condominium units or single-family attached dwellings in the Subdivision . . . [and] A member shall be entitled to one vote for each numbered residential lot.” • The incorrect stance taken by Defendants is

OPA ELECTION as follows: certain categories of equitable owners as arbitrarily determined by the Board – specifically trust beneficiaries as distinguished from members of LLC property owners, shareholders of corporate property owners, and perhaps other types of equitable owners – cannot run for the Board (based on the “owner of record” language in By-law section 5.02(a)), even if they could properly serve on the Board under By-law section 5.01. This incongruous position pits section 5.01 of the By-laws against section 5.02(a); and it creates a conflict between 5.02(a) of the By-laws (as interpreted by Defendants) and the clear recognition of equitable ownership in the Charter, Declarations, and elsewhere in the By-laws, as being fully equal in all respects to legal ownership. • Pursuant to page (iii) of the By-laws (which makes clear that the Charter and Declarations control vis-a-vis a conflict with the By-laws), those clear conflicts must be resolved in favor of the recognition within the Charter and Declarations of equitable ownership as being equal to legal ownership. Equitable owners, just like legal owners, have the right to vote and to serve on the Board, and must therefore have equal right to run for a Board position, notwithstanding the undefined “owner of record” language in By-law section 5.02(a). • Defendants cannot seek cover behind the business judgment rule or similar doctrine. Based on all of that, Plaintiff Farr is entitled to a ruling that: 1) he is and at all relevant times has been eligible to run for the Board as an OPA “owner”; 2) in any event the OPA deemed him eligible, placed him on the ballot, and should be equitably estopped from thereafter disqualifying him on the purported grounds advanced; 3) the Secretary had no power under any governing documents to do so; 4) the decisions to disqualify Farr and to proceed with the election and not count any Farr votes were arbitrary, improper, made without good faith, and made unlawfully in closed session of the OPA Board; and 5) such decisions were and are a legal nullity. The business judgment rule, where it applies, does not insulate Board members from the kind of decision-making that is at issue in this case. • As demonstrated in this case and as already determined by this Honorable Court in its Nov, 5 “Opinion and Order,” Defendants have acted without good faith, unlawfully, and arbitrarily, as to Farr’s candidacy and the election, including during the pendency of this case. The “decision-making” at issue in this case was not “legitimate”; it was not ordinary “business” decision-making in any sense; it violated statutory law (the HOA Act); it was inconsistent with OPA practices, governing documents, and its own (recently revised) candidate registration form; it was not in the best interests of the Association; and it otherwise treated Plaintiff Farr arbitrarily and unfairly, in bad faith. • From Black’s legal dictionary, fourth edition, is this definition of equitable owner: One who is recognized as the owner of property, because the real and beneficial use and title belong to him, although the bare legal title is vested in another, e.g., a trustee for his benefit.

December 2021 Ocean Pines PROGRESS 35

OPA ELECTION

ed Board resolution. No finding of a violation has but in public votes. ever been made. • Plaintiff’s counsel and this honorable court It is up to the Board to determine if Mr. Daly have consistently raised issues and actions that From Page 33 of record that somehow the Court should ignore acted inappropriately ... Mr. Daly received no occurred after Ms. Rogers rendered her final electhe express definition in Blacks provided by the benefit from a new election. tion eligibility determination, way after the comdefense and relied on by Mr. Tucker and Ms. Rog• This case involves an interpretation of a By- plaint in this case was filed. The integrity of the ers. law provision right on point by the officer charged election is important. • This Court stated that having three candi- with interpreting it. However, part of the analysis of the integrity of Contractor Home Improvements Dental Contractor --Home dates for two positions violated the Services by-law. HowBoard Secretary Rogers, in good faith and the election is Improvements that the candidates who are elected ever, the by-laws do not have a specific require- based on sound legal authority and on advice of are eligible and in compliance with the by-laws. ment in this regard, it is aspirational. counsel, concluded that Mr. Farr who was not on In making her eligibility determination, Ms. • Plaintiff alleges that there had been an eth- the deed was that he was not eligible because he Rogers furthered election integrity for the other ics complaint against Board president Mr. Per- was not the owner of record. Board candidates, for the other 7000 members one, but Dr. Horn testified that it was dismissed. This decision was proper and plaintiff’s claims who did not vote and even for those members who Serving Pines Since 1985 Plaintiff argues that Mr. Daly voted for a new for relief should be denied. voted for Mr.Ocean Farr believing when he was eligible election and abstained in earlier votes. Plaintiff • Decisions made subsequent to Rogers’ deci- when he was not. D.M.D., P.A. Additions, decks, porches, garages, unfairly argues that Mr. Daly violated a rescind- sion to disqualify Farr were not made in secret

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CAPTAIN’S COVE CURRENTS

Captain’s Cove Community Bulletin Board THE COVE CHORALE IS BACK AND PRESENTS:

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December 2021 Ocean Pines PROGRESS 37

CAPTAIN’S COVE

CURRENTS

Details emerge on proposed townhome project at Cove’s back entrance CCG Note intends to build 142 high end rental units; hearing on village district overlay postponed to January By TOM STAUSS Publisher lans for a high-end townhome development on 25 acres fronting on State Line Road near the back entrance into Captain’s Cove were disclosed in two presentations in November by one of the project’s principles, Captain’s Cove association President Tim Hearn. Hearn is an investor in CCG Note, Captain’s

Cove developer/declarant, whose subsidiary, CCG Land, is acquiring the property, currently used for potato farming, from the Hastings/Mariner family that has owned it for about 100 years. The family continues to own farmland across State Line Road in Maryland. Hearn said the family decided to sell the property to CCG Note because its members have been impressed with progress made in the community

Conceptual site plan of the proposed townhouse project, released in November by CCG Note

Tim Hearn

Jim Silfee

since Hearn and associates assumed the role of developer/declarant back in 2012. Hearn disclosed details of the project initially at the annual meeting of the Cove property owners association on Nov. 13 and then followed up with essentially the same presentation in another session two days later that preceded the monthly general managers’ meeting. He and business partner Jim Silfee, also a Cove association director, made themselves available for questions at the GM meeting. The estimated cost of the development that has been designed to include 142 high end rental units is $30 million, Hearn said. u

38 Ocean Pines PROGRESS December 2021 Townhome project From Page 37 “We’ll be spending $1 million in development costs even before we move any dirt,” Hearn said. “We’ll be spending $5 million before we actually start building any townhouses.” The project will include an outdoor pool and a fitness center. A treed buffer will screen the site from parts of Captain’s Cove that surround the property, and the backs of townhomes will face Captain’s Cove to mitigate lighting concerns. Hearn said that all units will be built to conform to the county’s height limitations, 35 feet or no more than three stories. “We would expect to be well under that, maybe 25 feet or so,” he said. Ownership of the units will be retained by CCG Note or subsidiaries and will not be sold to individuals. Units will range in size from 1,080 to 1,480 square feet, and will include two or three bedrooms. Rents would range from $1,500 to $2,000 per month, well above average rents in Captain’s Cove and elsewhere in Accomack County. The rental units will be marketed to higher income individuals, with employees of the nearby Wallop’s Island NASA flight facility a target demographic, Hearn said. These are individuals who need longer term rental housing because they likely will be moving to other employment venues within a two or three-year time-frame, meaning they are less likely to be home buyers. The United State General Services Administration has identified a need for about 100 rentals for government employees near the Wallop’s facility and this project could accommodate that need, he said. He said the project is not designed for shortterm rentals or for low income Section 8 voucher rentals. The property, currently zoned R-1 residential, will need its zoning reclassified to a Village Development District overlay, which permits a mix of residential and commercial uses, Hearn said. The underlying R-1 zoning would remain. The village district overlay was suggested by county planning and zoning officials, who offered it as a way for the developers to receive “higher density in exchange for a higher quality design,” Hearn said. The developer will not be taking advantage of that higher allowable density, as plans are to go with 5.5 units per acre, Hearn said. Much of Captain’s Cove has a density of four or five lots per acre, or about seven lots per acre closer to the water, he added. Having been sold on the merits of a village district overlay, Hearn said he and his partners will abandon the project entirely if the overlay zoning not approved by the county. “It will be somebody else who develops it then, not us,” he said. Nor is there any desire to engage in a protracted battle against Cove residents if significant opposition surfaces. “We’re not going to do that,” he said, but he emphasized that he and his partners are open to

CAPTAIN’S COVE CURRENTS

Supervisor Wolff seems supportive of proposed townhouse project By TOM STAUSS Publisher ccomack County Board of Supervisors Ron Wolff hinted broadly that he and his colleagues will be supportive when a proposed townhouse project at the back entrance to Captain’s Cove comes before his group for a rezoning next year. Short of an absolute commitment of support, Wolff told a meeting of constituents in Captain’s Cove Nov. 13 that the county is looking for the kind of higher end residential development that the proposed 142-unit Hastings/Mariner townhouse project represents. “This type of housing is needed not just in the northern end but all over the county,” Wolf said, noting that professionals who work at the Wallop’s Island NASA flight facility, teachers, police officers and others like them have a hard time finding housing that is de- Ron Wolff sirable and affordable. He noted that aerospace company Rocket Labs had recently purchased land outside the NASA facility for the purposing of building a manufacturing plant that would employ 300 people who will need good housing to attract them to Accomack County. “So far this (the proposed townhouse project) would fit the bill,” Wolff said. In answer to a question, Wolff said that the Hastings/Mariner project, which would offer units for rent but not for sale, according to initial plans, is not being designed to accommodate low-income, Section 8 housing vouchers. “I guess the possibility (that it would be used for that) is real,” but he seemed to suggest that the company that will be developing the project, CCG Note, has another market in mind, particularly individuals employed at the NASA facility. Before it reaches the board of supervisors for approval, the application to rezone the property heads first to the county’s planning commission. The rezoning request is actually is for a village district overlay in the existing R-1 zone, the same zoning that’s in Captain’s Cove. The planning commission is empowered to recommend approval or rejection of the proposed rezoning to the board of supervisors. A hearing that had been scheduled for early December has been pushed forward to the planning commission’s January meeting at the request of the developer.

suggestions from Cove residents on how to improve the project and make it more compatible with Captain’s Cove. The approval process in Accomack County is not designed for speed. The county’s planning commission had scheduled a meeting to consider the zoning overlay on Dec. 8, but CCG Note LLC voluntarily, in a letter from Silfee to the county’s building and planning office dated Nov. 16, asked that the hearing be pushed to the commission’s January meeting. That additional time will allow “for all exhibits and supporting materials, including the final traffic study, to be in hand and to provide additional time for community input and comment,” the letter said. Hearn said up to 20 different studies are needed for a project of this caliber, so he said it could easily take two or more years before any development on the site is visible. A traffic study is a key component in any approval process. Once the planning commission renders a recommendation to approve or reject a proposed rezoning, the county’s Board of Supervisors decides whether to grant it. Ron Wolff, the board’s president whose district includes Captain’s Cove, recently said the county is looking for the sort of higher end development that this project represents.

Hearn said the project’s townhouse units will be built using coastal architectural used by national builders such as Gemstone Homes and will be LEED (Leadership in Energy and Environmental Design) certified. Commercial activities will be limited in scope but could include a convenience store operated by locals and not by a national chain, Hearn said. Water and sewer utilities will be provided to the project by Aqua Virginia, which supplies those services to Captain’s Cove -- water to all homes and sewer to homes without septic systems. Hearn said there is sufficient capacity at Aqua’s Captain’s Cove treatment plant to accommodate 142 townhouse units, and that the utility has additional land in Section 14 available should discharge capacity ever become an issue. Hearn said he and his partners gave a lot of consideration to the kind of project they wanted for the property, deciding that it had to be “accretive, not competitive, to Captain’s Cove.” They did not want to add more single-family lots to the area, as the developer already owns about 1,250 lots for future homebuilding and the Cove association’s inventory is around 800. Hearn said there is no intention by the developer to become part of the Captain’s Cove association, formally known as Captain’s Cove Golf and To Page 40

CAPTAIN’S COVE CURRENTS

December 2021 Ocean Pines PROGRESS 39

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40 Ocean Pines PROGRESS December 2021

CAPTAIN’S COVE CURRENTS

Townhome project

From Page 38 Yacht Club, adding that if residents would like CCG Note to reconsider, they need only ask. But any such request would need to come from the Cove board of directors. Hearn said that if that issue ever comes to the board for consideration, he, Silfee, Glick and Roger Holland would immediately recuse themselves from that discussion. “That would be something for the remaining members to handle,” he said. “It’s an obvious conflict.” Hearn said that while there is no intention to become part of the Cove association, it’s anticipated that some residents of the project will want to take advantage of public amenities in the Cove such as the golf course or the Marina Club restaurant. “Just like our neighbors in Greenbackville,” Hearn said. “No difference.” The advantage to the Cove is that there is potential for additional amenities revenue without the need to offer services, such as security, he said. Still, 142 dues-paying units would generate $198,000 in new revenue annually at the current rate of $1400 per lot were the project to be annexed into Captain’s Cove. A conceptual site plan for the project indicates that there will be two entrances to the project, one directly from State Line Road and the other from Captain’s Corridor not far from the back entrance. Hearn said that the Captain’s Corridor access is guaranteed to the Hastings/ Mariner family under Calvin Burns’ original plan for the Cove dating back to the 1970s. That access right runs with the property, Hearn said, adding that it would provide a more direct way for townhouse residents to access the Marina Club restaurant or the golf course. Any repair costs on the corridor associated with cutting in that access would be absorbed by the developer, he said. He fielded a question about additional traffic throughout Captain’s Cove that might be generated by this project. Other than townhome residents driving to certain Cove amenities, Hearn said he doubted that much additional through-traffic on Captain’s Corridor would occur. “Most of the traffic into the project will come directly off State Line Road,” he said.

ANNUAL MEETING HIGHLIGHTS Cove Board election results announced

Three incumbent directors and one newcomer were elected to the Captain’s Cove Board of Directors in election results announced during the Nov. 13 annual meeting. The top vote-getter was incumbent Michael Glick, the Cove’s treasurer, who collected a 7,577 votes, 94 Class A and 3,663 Class B. Incumbent Director Jim Silfee earned 3,642 votes, 79 Class A and 3,633 Class B. Incumbent Director and Cove President Tim Hearn had 3,736 votes, 73 Class A and 3,663 Class B. Newcomer Frank Haberek won 3,727 votes, 64 Class A and 3,663 Class B. Class B votes are cast on a three-for-one basis by developer-controlled entities, CCG Note and subsidiaries. Class A votes are cast by individual owners of property in Captain’s Cove, most of whom don’t participate in the voting. Louis Kousaris was elected as an alternate director with 3,698 votes, 35 Class A and 3,663 Class B. “Everyone who ran got a seat,” Hearn said during the meeting. Andy Zubco, who had been serving as a board-appointed director on the resignation of John Costello, now the Cove’s director of security, continues to serve on the board. He was appointed to fill the vacancy resulting from the recent resignation of Dawn Wagner.

Website launch expected sometime in December

Senior General Manager Colby Phillips announced at the Nov. 13 annual meeting that the new Cove association Website will launch in December after it’s presented to the Digital Technology Committee for a final review and sign-off. General Manager Justin Wilder at the recent manager’s meeting said the site will include much improved user friendliness and access to key components, such as the community calendar and access to documents. A member-only section will allow members to pay their annual dues on-line and receive instant confirmation. The new site will also allow members to reserve rooms for meetings, he said.

Phillips announces new Aquatics programs

Two new Aquatics programs will launch in December and January, Senior General Manager Colby Phillips has announced. One is called Pure Core Aqua Class, promoting stability, endurance and balance in what is billed as an introduction to resistance training. It’s set to launch Tuesday, Dec.7, continuing on Thursdays at 10 a.m. A new body sculpting class will launch on Jan. 4, Tuesdays and Thursday nights from 6:15-7 p,m. A junior lifeguard class returns on Wednesday, Dec. 29, from 10 a.m. to 3:30 p.m.

Hearn cites Phillips for outstanding job performance

Acknowledging that the process to create the position of Senior General Manager earlier this year started off without “a lot of consensus,” Cove President Tim Hearn said during the Nov. 13 annual meeting that he “didn’t know if a better decision” had ever been made by the Board of Directors. He said that Colby Phillips, who was hired in February as the new senior general manager and started

To Page 42

Captain's Cove Golf & Yacht Club

4 Year Summary Review CAPTAIN’S COVE GOLF & YACHT CLUB - 4-YEAR BUDGET SUMMARY

Updated 10/22/2021 - CP UPDATED 10/22/2021 - CP

2019 ACTUALS

2020 ACTUALS

2021 BUDGET

2021 YTD AUGUST

2022 APPROVED

REVENUE CCGYC REVENUE BCG REVENUE

4,721,754 1,083,100

4,713,495 1,011,618

4,815,025 602,400

4,523,550 816,965

5,077,575 801,667

TOTAL REVENUE

5,804,854

5,725,113

5,417,425

5,340,515

5,879,242

356,686

323,893

211,842

288,461

273,377

GROSS INCOME

5,448,168

5,401,220

5,205,583

5,052,054

5,605,865

EXPENSES BCG LABOR/OPERATIONS R&M COSTS WATERFRONT/CANALS RECREATION/POOL COSTS SECURITY COMMUNITY COMMITTEES GENERAL ADMIN BAD DEBT/OTHER INTEREST DEPRECIATION/AMORITIZATION TOTAL EXPENSES

1,109,775 888,399 44,345 124,329 196,841 13,537 624,253 1,878,207 175,756 482,532 5,537,974

1,097,375 804,216 (14,045) 103,054 210,962 11,026 745,467 1,457,136 161,730 489,462 5,075,330

937,761 834,814 65,000 84,597 215,628 10,000 701,056 2,055,490 142,243 491,000 5,321,961

949,109 885,408 24,180 122,159 213,226 5,968 578,067 1,249,394 137,173 450,488 4,615,172

1,125,015 818,712 59,732 130,102 261,432 11,000 1,105,677 1,146,290 152,244 470,004 5,280,208

436,882

325,657

COSTS OF GOODS SOLD

NET INCOME Source: Senior General Manager Colby Phillips

(89,806)

325,890

(116,378)

CAPTAIN’S COVE CURRENTS

December 2021 Ocean Pines PROGRESS 41

Captain’s Cove Community Bulletin Board

Coming in December

Thursday Nights in the Marina Club

42 Ocean Pines PROGRESS December 2021 Annual meeting From Page 40 work in March, brought “great management expertise” to the position and has made it possible for the board of directors to move out of operations, allowing directors to focus on strategic planning and policy. He commended her work in helping to bring about 24-7 emergency service to the Greenbackville Fire Company. He also said she had been fully engaged with the Captain’s Cove community on a myriad of issues and, because of her ability to meet and engage with Accomack County officials, “our profile as a community has never been higher.”

Hearn offers updates on road, bulkhead projects

In remarks delivered during the Nov. 13 annual meeting, Cove president Tim Hearn said that: • There have been 150 new homes built in Captain’s Cove since 2018. A national builder has purchased 50 lots in Section 7, and if the sale of new homes there is successful, the builder may acquire additional lots in Sections 12 and 13 for building. He said that if one builder gains a foothold in a community, “other builders will follow the leader.” • The Environmental Control Committee (ECC) will not be granting variances to allow more bedrooms to be added to existing homes to accommodate short-term rentals. • No bids were received by the Cove for bulkheading installation on Starboard Street, a situation he blamed on supply chain issues. Consultant Chris McCabe has been asked to break the project down into smaller segments in the hopes it will attract bidders. • The Seaview Street elevation-raising project is progressing, with agreement on a center line and paving length and with engineering drawings expected next year.

Hearn describes Corps’ conservation program

Property owners in Sections 1, 7 and 10 will soon be able to participate in a perpetual conservation program and land bank program in cooperation with the Army Corps of Engineers, a complex program that Cove President Tim Hearn previously has tried to describe. He tried again during the Nov. 13 annual meeting. The Corps has identified 158 acres of waterfront property in those sections that will be placed in a perpetual conservation area, Hearn said. Owners of those lots, many of which are considered unbuildable, can contribute their lots to the Captain’s Cove Association, in exchange for shares in a land bank. Only 13 acres of the 158 acres in the conservation area will be allowed for new home construction. The goal is for 100 lots within the conservation area to be eligible to pull a fill permit covering up to 3500 square feet, making those lots buildable without delay and bureaucratic hassle, Hearn said, adding that about platted 500 lots will disappear as a result of expected lot donations. “If you own (one of the remaining 100 lots) in these areas, it will be a beautiful thing,” Hearn said, adding that the Cove is negotiating with the Corps for what uses and activities will be allowed in the conservation area.

Hearn: Committee could study entrance gates

Although he was not supportive of the idea because of what he said was its considerable price tag and practical concerns, Cove President Tim Hearn suggested a committee of residents and Cove management could be established by Senior General Manager Colby Phillips to study the possibility of erecting security gates at the two entrances into Captain’s Cove. The suggestion came as the result of a suggestion and complaints about security. Hearn said the idea of security gates is raised periodically in Captain’s Cove. The last time it was studied, the capital and labor costs associated with monitoring the gates were a half million dollars, he said. He also said there would be practical difficulties, citing the large number of contractor and delivery service vehicles that come into the Cove on a daily basis. Non-residents also come into the Cove to dine at the Marina Club and play the Cove golf course. Phillips said the idea could be up for discussion by her management team.

CAPTAIN’S COVE CURRENTS

Virginia reportedly will decide grant appeals by Dec. 3 Efforts under way to combat Spectrum, NuBeam appeals By TOM STAUSS Publisher ccomack County Board of Supervisors President Ron Wolff is frustrated that one of the media companies challenging the county’s Virginia Technology Initiative (VATI) grant application to bring more high speed Internet service to Captain’s Cove isn’t required to reveal key information that he believes would undermine the challenge. The county is partnering with Eastern Shore of Virginia Broadband Authority and Northampton County for a VATI grant that would it make it possible for ESVBA to bring fiber optic, high-speed cable to areas of Captain’s Cove where it isn’t currently available or is too expensive to provide. Using available power lines, ESVBA has laid cable from one end of Captain’s Corridor to the other. During a Nov. 15 constituents meeting in Captain’s Cove, Wolff criticized the challenge to the VATI grant application by Spectrum/ Charter, a nationally known media powerhouse, and the much smaller NuBeam Wireless, filed in October. ESVBA has filed a response to those challenges, essentially arguing that neither of these competitors are offering substantive or affordable high speed Internet service in Captain’s Cove. Virginia’s Virginia’s Department of Housing and Community Development is set to decide the merit of the two appeals by Dec. 3. If the ESVBA application survives the appeal, DHCD is supposed to announce grant recipients by the end of the month. To qualify for a VATI grant, applicants have to show the funds will be used to provide high speed Internet to under-served areas. Spectrum and NuBeam challenged the application on the basis that Captain’s Cove already has reliable high speed service throughout Captain’s Cove, “which we know is not true,” Wolf said, adding “they probably do too.” But Wolff said that Spectrum took that assertion one step further by asking DHCD to deny the county’s request for information on where Spectrum has laid high speed cable in Captain’s Cove. DHCD went along with that on the basis that the information is “proprietary,” Wolf said, much to the frustration of the county. He went on to say that the information would reveal that the company has very few customers in Captain’s Cove. Wolff said that County Administrator Mike is “not happy with these challenges, and isn’t happy with their refusal to say where their” high speed cables are location. Charter/Spectrum is currently not allowed to lay cable in the Cove because they’ve not yet agreed to an access agreement with the Cove developer, CCG Note. Wolff said that the battle unfolding in Richmond for VATI grant funds has “become very political,” but he said that a coordinated effort is underway to rebut the challenges. The Cove’s Digitial Technology Committee has been working with Cove General Manager Colby Phillips in the rebuttal effort. The committee has drafted a letter to DHCD outlining its opposition to the challenges. About 90 letters from Cove residents detailing failed efforts to obtain services from these two companies are included in the rebuttal, u

CAPTAIN’S COVE CURRENTS

VATI grant

From Page 42 Phillips said recently. She sent out an email appeal to residents soliciting first person accounts of attempts to obtain service. Shannon Wright of the committee asked Wolff whether there would be funds from the American Recovery Act available to ESVBA if the VATI grant falls through. Wolff said there’s already a lot of competition for those funds, and that ESVBA would probably be mostly on its own should the application fail. He urged the everyone with a stake in the outcome to continue the battle, even suggesting that a regional television news program be used to gin up pressure.

All dredging will start 15 feet off the bulkheads. “Several areas will be dredged along the canal including the end of High Seas Drive where there are no bulkheads installed,” she said, adding that there will be two street crossings, one on Blackbeard Drive near Billow Court and the second across Starboard Street. “It will be the typical gravel hump over the pipes. Efforts will be made to minimize the pipes crossing the canals, with most sections hopefully running along the bulkheads. This should make boat transit easier,” she said.

Captured raccoon tests negative for rabies

Director of Security John Costello has been handling complaints about an “abnormal” number of raccoon sightings in Captain’s Cove, reporting during the Nov. 15 managers meeting that one captured raccoon tested negative for rabies and was also being tested for distemper. After the initial flurry of sightings, the problem seemed to be dying out, he said.

New Year’s Eve, Lobster Week announced

On behalf of Food and Beverage Manager Jeff Landry, Phillips announced two new events at the Marina Club and also announced that a new kitchen manager had been hired. The New Year’s Eve event will be ticketed, with the $50 cost including a three-course meal. From Dec. 16-19, the restaurant will have Maine lobsters on the menu in an event billed as Lobster Week. Also at the Nov. 15 managers meeting, Phillips advised that potluck dinners in the Cove no longer will not be able to admit attendees at the door because of capacity limits of 145 people at the Marina Club. Those who want to participate in the potlucks are asked to sign up at the reception area.

p To Winter Sav U m i

Salisbur y

ptical

By TOM STAUSS Publisher ell aware that the slow pace of canal dredging in Captain’s Cove is causing frustration among some property owners, Senior General Manager Colby fielded questions about the program at the Nov. 15 managers meeting and later issued a statement identifying the areas to be dredged this year. She also said that Maintenance Director Jimmy Giddings and residents George Finlayson and Mark Majerus will be meeting in early December to work on a schedule for 2022, based on the latest soundings. “Of course that all depends on what the ACOE (Army Corps of Engineers) approves so it is always subject to change. We will also put together an informational sheet that will help explain the dredging process in Captain’s Cove as well as any data we have access to,” she said. The two areas to be dredged this year include the main channel of the Marina/Dock Court canal, from slip #17 to the first piling just beyond the bulkheads, and the canal that borders Starboard Street and the end of Blackbeard Drive.

By TOM STAUSS Publisher n an update to Captain’s Cove residents in a constituents meeting Nov. 15, Accomack County Board of Supervisors President Ron Wolff had some encouraging news to report on the status of staffing the Greenbackville Volunteer Fire Department with 24/7 emergency medical technicians. Citing an email from county Emergency Services Director C. Ray Pruitt, Wolff said that two groups of candidates for EMT positions had been tested, one with five candidates and another with nine, with another testing date set for Dec. 8. Another recruiting class is scheduled for mid-January, he said, adding that by mid-July, at least 14 new EMTs should be ready for deployment at the county’s fire stations, including Greenbackville. Joining Wolff at the Nov. 15 constituents meeting, state police First Sergeant Kevin Meyers said in response to a question that the three-way intersection of Maryland Route 12, Accomack County’s Fleming Road, and State Line Road is not on the state’s radar for a traffic light or stop signs. There have been no reported accidents at the intersection, Meyers said. Later he said that signage indicating an intersection ahead could be considered if requested by residents, noting that Maryland highway officials would have to be involved. That change, he said, could be accomplished much easier than signage or a traffic light.

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Wolff reports progress on staffing for 24-7 EMTs in Greenbackville

MANAGERS MEETING HIGHLIGHTS

December 2021 Ocean Pines PROGRESS 43

44 Ocean Pines PROGRESS December 2021

OPINION

COMMENTARY

Differing OPA perspectives on candidate eligibility

he closing, written arguments by the opposing attorneys in Richard Farr vs. OPA make for fascinating reading. Bruce Bright’s closing brief in particular provided insight into what four individuals with ties to the Ocean Pines Association thought about candidate eligibility. These four individuals -- Ocean Pines Association Attorney Jeremy Tucker, OPA Assessment and Membership Supervisor Ruth Ann Meyer, former OPA Secretary Camilla Rogers, and OPA Vice President and Director Colette Horn -- were not on the same page. Differences were not trivial. Indeed, there was such a lack of “consistency and cohesiveness” on the eligibility question among these four individuals that Bright was able it use to underscore his compelling theory of the case. All four were deposed and/or were questioned by Bright and were cited by him in his closing. The issue is whether an equitable owner of property in Ocean Pines, who in the case of Rick Farr was a family trust beneficiary on Jan. 1 of this year, is an owner of record and thereby eligible to run and serve on the Board of Directors. That’s been the salient issue for many months. There are other categories of equitable ownership. One is ownership through a limited liability corporation (LLC), in which there may be numerous individuals with shared ownership. Bright probed the witnesses for their views on family trusts and LLCs. According to Bright, Tucker stated in testimony that a member of an LLC that owns Ocean Pines property “may or may not be qualified to run for the board. He (Tucker) has said he has never considered whether a shareholder of a corporation owning property could do so. His position is that a beneficiary of a trust [who] owns Ocean Pines property is not qualified to run for the board; but under By-law section 5.01, such beneficiary would, at the same time, be qualified to serve on the board.” Tucker artfully dodged the question on LLCs and more or less faithfully regurgitated the “official” OPA position on the ineligibility of a trust beneficiary as a candidate, presumably because his name doesn’t appear on a deed. That tortured reading produces the odd result that Farr nonetheless could be “qualified” to serve on the board as a property owner. Bright wrote that Meyer, who he called the “front-line” OPA employee who determines board election candidate eligibility, has “stated that, in her view, a person ‘associated with’ a trust that owns Ocean Pines property may be a qualified candidate, even if such person’s name does not appear as “grantee” on the property deed. She also admitted that, in making her qualification decision, she looks only at the Ocean Pines owner database and SDAT [State Department of Assessments and Taxation] information but does

not look at deeds.” Bright said that Meyer’s position is significant because the OPA’s position in the case “is that the name appearing on a deed for Ocean Pines property is, without regard to anything else, what purportedly determines candidate eligibility. This contention is undermined by the manner in which Ruth Ann Meyer determines candidate eligibility.” Meyer isn’t a lawyer, but in this case her honesty in describing the way eligibility has been determined over the decades produces a sensible result. So much for the OPA’s argument that a name on a deed is the deciding factor in candidate eligibility. It’s very unfortunate that an anonymous tipster or, in the colorful description by Judge Campen, “a little birdie,” intervened and overturned her methodology and clear-eyed conclusion. Rogers, who recently resigned as OPA secretary and from the board, was the director who, about two weeks before the scheduled counting of ballots in this summer’s board election, decided to disqualify Farr as a candidate. According to Bright, Rogers “testified that a member of an LLC owning Ocean Pines property would not be qualified to run for the board. She testified that only an individual whose name appears in a deed as grantee can run for the board, but she admitted that in reviewing and approving 2021 candidate registration forms, she did not look at any deeds (even though, as a lawyer, she knew how to quickly obtain deeds from online public records).” Let’s unpack this telling admission. The one individual in the by-laws who is given the authority to review and ratify the determination of Ruth Ann Mayer that a candidate is eligible says a name on a deed is the only factor to be considered when determining eligibility. One wonders when she reached this highly dubious conclusion. It certainly was not during the original review, when, as Bright notes, access to deeds can be “quickly” obtained from on-line records. More fascinating testimony among the four witnesses was served up by Horn, who was described by Bright as a former OPA secretary “in charge of elections.” According to Bright, Horn “views ‘principal’ shareholders of professional corporations that own Ocean Pines property as being qualified to run for the board; and she views members of an LLC that owns Ocean Pines property to be qualified to run for the board.” Bright said that Horn was “unwilling to state definitively that she agreed with Secretary Rogers’ decision regarding Farr, only that she essentially deferred to that decision.” According to Bright, Horn testified that, in 2018, “in reviewing a potential board election candidate’s registration form, she determined that the property he listed on the form was

owned by an LLC. She determined that he was not a member of that LLC and therefore could not be qualified to run for the board based on that property; but she admitted that, had she found him to be a member of that LLC, he would have been qualified to run on that basis (assuming he was current on OPA dues, which as it turned out, he was not).” The candidate in 2018 to whom Horn referred was former Acting General Manager and Director Brett Hill, who sued the OPA for his exclusion as a candidate. When the case dragged on for months without a decision, he eventually withdrew it. Let’s unpack the Horn testimony as described by Bright. In the matter of equitable ownership through an LLC, she apparently believes that a member of an LLC is qualified to run for the board. A solid conclusion based on a fair reading of the OPA articles and restrictive covenants that refer to legal and equitable owners. But she couldn’t bring herself to reach the same “definitive” conclusion about another category of equitable owner, trust beneficiary. Or at least she says she couldn’t. Insert skeptical emoji here. She’s an intelligent woman, and intelligent and intellectually honest individuals strive for logic and consistency. She fails that test, here, apparently more concerned about deferring to her colleague, Camilla Rogers, than reaching an independent conclusion about Farr’s eligibility. She seems to have put her friendship with a colleague ahead of fidelity to the charter, restrictive covenants, bylaws and the interests of the OPA membership in a fair, smoothly executed board election. That’s sad and unfortunate. She was the one director who had some prior knowledge of what is meant by equitable ownership and a clear-sighted awareness that legal ownership is not the only way to assess candidate eligibility. She knew that in 2018. By asserting her prior knowledge and citing her own experience in 2018, she could have persuaded her colleagues to ignore the little birdie cited by Judge Campen and proceed with a normal election. That didn’t happen. Recently, she was quick to judge former Director Tom Janasek for a crude and rude email, an indiscretion which cost the OPA nothing in legal fees and didn’t divide the community into warring political camps. Perhaps she could direct some of that self-righteousness on her own performance as a director vis a vis the Farr candidacy. Not too many months ago, she advocated for a laborious process of board self-analysis. Some of that might be useful here. When Rick Farr is seated as a director, at least offer him an apology. Now that would be a class act and is long over due. ~ Tom Stauss

OPINION

December 2021 Ocean Pines PROGRESS 45

‘Little Birdie’s’ starring role in the Farr vs. OPA melodrama hen the definitive history that permits that,” Judge Campen LIFE IN THE PINES of Richard Farr vs. OPA said. An excursion through the curious by-ways and cul-de-sacs

is written for the ages, no doubt there will be chapters on OPA by-laws, references to competing editions of Black’s legal dictionary, learned treatises on legal vs. equitable ownership, odes to the brilliance of Farr attorney Bruce Bright, and lamentations on the lousy legal hand dealt OPA attorney Anthony Dwyer. It remains to be seen whether a chapter or two will be written about the out-sized role played in the case by the Little Birdie, cited by Judge Sidney Campen as a character who never should have stuck his beak into the process of electing OPA directors. Little Birdie’s initial entrance into the Farr vs. OPA melodrama was under an assumed name, Unidentified Tipster, whose gender and Christian name is a closely guarded OPA secret. Unidentified Tipster called in to General Manager John Viola two weeks before the scheduled counting of ballots in the 2021 board election and suggested that there was an ineligible candidate running for the board. There have been rumors

of Worcester County’s most densely populated community By TOM STAUSS/Publisher to the effect that Farr wasn’t even the candidate Unidentified Tipster had in mind, but we’ll probably never know. It doesn’t really matter. Unidentified Tipster got the attention of then board secretary Camilla Rogers, who subsequently decided that Rick Farr was ineligible to run for the board. What may be not fully appreciated, however, is just how much the 11th hour intervention of Rogers in hour intrusion of Rogers into the the election process summer election process this this summer has has gotten attention the judge gotten thethe attention ofofthe hearing the case. Visiting Circuit Court Judge Sidney Campen, in comments from the bench during an Oct. 13 court hearing in Snow Hill, asked Dwyer where in OPA by-laws is Rogers given the right the declare Richard Farr ineligible to run for the board once deeming him eligible. Dwyer acknowledged that there is no specific language conferring such authority, but that the secretary does have authority to supervise elections. “She’s the arbiter of that,” he said. After Judge Campen told Dwyer

that the court would not even be considering the eligibility issue had Rogers not initially certified Farr as a candidate, Dwyer agreed. At which time Judge Campen observed that Rogers “changed her course and said well, because a Little Birdie called me or I have a phone call that he’s ineligible, she determined that he was ineligible.” The judge had more to say on this, and it wasn’t a good moment for the OPA position. “Well, let’s go another step,” he said. “Would it have been appropriate to have had this election take place as it was advertised, let the ballots come in, and if Mr. Farr was ineligible he could have been removed by two-thirds of the vote of the board, he could have been not certified, there were many things that could have happened that would have kept Mr. Farr from being a director, as opposed to stopping the -- sending a letter out to everybody in the middle of the election saying he was ineligible and his vote wasn’t going to be counted. “There’s nothing in the by-laws

Indeed there isn’t, although Dwyer gave it the old college try by in effect arguing that the by-laws reference to owners of record trumps that lack of specific authorization, and that Rogers as the “supervisor” of the election had the authority to act as she did, when she did. The judge was not convinced, and his pointed critique of the process used by the OPA in trying to disqualify Farr had not disappeared during the Nov. 15 hearing on the merits of that effort, or lack thereof. Little Birdie again was referenced by the judge during the Nov. 15 hearing, when Judge Campen gently tweaked the OPA for what he seemed to regard as an unsanctioned and even a “bad faith” effort to remove Farr as a candidate. While process is one issue and the merits of competing arguments on candidate eligibility is another, Dwyer went into the final round of Farr vs. OPA bloodied, through no fault of his own. After all, it wasn’t him but his clients who wrote in an out-sized role for Little Birdie, whose presence loomed large in all stages of this case. It seems likely that Little Birdie won’t be forgotten in whatever the judge decides.

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

By Rick Menard

46 Ocean Pines PROGRESS December 2021

LIFESTYLES

History panel participants (left to right): Sharyn O’Hare, Gloria Richards, Jenny Cropper Rines, Alta Weiss, Ed Moran and Jack Barnes.

History panel video available online

ideo from the Ocean Pines “History Panel” discussion, part of an ongoing effort to document the community’s early days, is now available online. The event, organized by the Ocean Pines Public Relations and Marketing Department, was held Oct. 10 at the Community Center in conjunction with Worcester County History Week. Longtime Ocean Pines residents Jack Barnes, Sharyn O’Hare, Gloria Richards, Alta Weiss and Ed Moran participated in the two-hour discussion, which was moderated by Jenny Cropper Rines. Rines previously chaired the 50th Anniversary Committee. “I am so pleased that we were able to do the History Panel,” Rines said. “It was fun to hear stories of early Ocean Pines from the folks who lived it. It sounds like it was a neat place to be from the start.” The panel discussion covered a wide range of topics, including the Ocean Pines campground, the real estate transfer between the Ocean Pines Association and Chase Manhattan Bank, the founding of the Worcester County Veterans Memorial at Ocean Pines, and more. Audience members also had the opportunity to ask questions and add comments, as well as to peruse old Ocean Pines photos and mementos. “I think the guests enjoyed seeing the memorabilia that was displayed,” Rines said. “It was a two-hour session that could have flowed on all day!”

The video recording has been archived in the history section of the Ocean Pines Academy, a virtual, self-paced civic education course about the Association. It joins another video, “Early History of Ocean Pines, with Marlene Ott and John Talbott,” which was also produced by the Public Relations and Marketing Department. Ott and Talbott, real es-

tate agents who have lived in Ocean Pines since its beginning, also make appearances in the History Panel video. The History Panel video can be viewed at https://youtu.be/oRrgWO6Tz9c. The entire Ocean Pines Academy can be viewed at www.oceanpines.org/web/pages/ ocean-pines-academy.

Light Up the Pines’ outdoor decorating event returns

cean Pines residents and property owners interested in adding holiday cheer to the community are invited to participate in this year’s “Light Up the Pines” outdoor decorating program. Those who register with the program will be featured on an on-line Google map, which will include locations of the decorated properties. Participants will also be entered into a drawing to win one of three $50 bill credits donated by Choptank Electric Cooperative, which sponsors the program. Additionally, the first 25 registered participants will receive a small goody bag, also courtesy of Choptank. “Choptank Electric Cooperative is pleased to be part of the holiday spirit in Ocean Pines with the ‘Light Up the Pines’ event,” said Elizabeth Hallett, manager of marketing and communications. “We hope our members enjoy bringing holiday fun to the neighborhood!” Households interested in participating should submit a name, address and phone number via email to info@oceanpines.org or by calling 410-641-7717 ext. 3014. The initial deadline to register is Friday, Dec. 3, although residents may continue to sign up through the holiday season to have their homes included on the online map.

December 2021 Ocean Pines PROGRESS 47

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48 Ocean Pines PROGRESS December 2021