December 2022 Ocean Pines Progress

Janasek settlement talks stalemated

Calling a $2000 settlement offer by the Board of Directors “ridiculous,” former director Tom Janasek said he is prepared to go to court again in the hopes of securing a more generous settlement from a Worcester County Circuit Court judge in a case in which he and his attorney Bruce Bright of Ocean City have achieved one victory after another.

A court date of Dec. 12 is on the docket in Snow Hill.

~Page 15

Parks reaffirms MOC contract

In a prepared statement he read during the Nov. 19 Board of Directors meeting, OPA President Doug Parks made it abundantly clear that the OPA would not be severing its business relationship with the Matt Ortt Companies.

~ Page 17

OPA sends ‘cease and desist’ to Wheatley

The Board of Directors through its attorney has issued a cease and letter to former Director Josette Wheatley for referring to the OPA as an “organized crime machine” and directors as felons.

~ Page 22

Knupp family to launch referendum petition drive for renaming skatepark

Supporters to conduct a petition campaign under Section

By TOM STAUSS Publisher and JOSH DAVIS

If supporters of renaming the Ocean Pines skatepark after deceased Ocean Pines teenager Gavin Knupp don’t like the Board of Directors’ reluctance to do so at the present time, they’re free to launch a petition drive under Section 4 of the Ocean Pines Association by-laws that could lead to a referendum that would let the entire Ocean Pines community decide.

That message was delivered by OPA President Doug Parks during the Nov. 19 monthly meeting of the Board of Directors, in which ways to memorialize Gavin Knupp

4 of OPA

by-laws, as OPA directors vote to withdraw offer for Youth Award named after Gavin Knupp

were discussed by directors and OPA residents opining during the Public Comments segment of the meeting.

Parks didn’t advocate for a petition drive nor indicate whether he would sign the petition. He simply advised supporters of renaming the skateboard park on how they could accomplish it.

Former OPA Director Amy Peck told the Progress the week before Thanksgiving that the Knupp family will launch the petition drive after the holiday, after first consulting with an attorney on how to conduct a petition in accordance with OPA by-laws.

An on-line petition drive that has been under way

‘Tis the season for

Petition drive

From Page 1

for some time does not conform to the by-laws because it is not limited to OPA members.

Gavin’s mother, Tiffany Knupp, on a Facebook page called Do It For Gavin – Justice For Gavin, said the group will be starting a petition.

“I have dedicated friends of the family that will be helping with the process. Unlike the Board, we welcome all views and suggestions,” she said.

Section 4.7 of the by-laws is straightfoward. The petition question needs to be answerable yes or no. A petition sponsor needs to be named. In order to force a referendum, petitioners need to collect signatures from 10 percent of the votes in Ocean Pines, or 8,452 properties. That number may have increased somewhat as lots in the Triple Crown Estate subdivision in South Ocean Pines are sold and go to settlement.

Only one signature per lot is permitted.

For instance, Gavin’s mother, Tiffany Knupp, an Ocean Pines resident and property owner, and the likely petition sponsor, could sign the petition, but Ray Knupp, Gavin’s father, a resident of Salisbury and not an Ocean Pines property owner, could not.

Although the by-laws don’t specifically exclude electronic signatures, previous OPA petition drives have involved petitioners seeking out sig-

natures going door to door or stopping residents at the North and South Gates.

If the petition drive collects the minimum number of signatures for a referendum, the Board of Directors must conduct a public hearing on the issue within 60 days. Referendum ballots must be distributed no later than 30 days after the hearing.

Under a change to the by-laws adopted this past May, a minimum of 40 percent of OPA members must participate in the referendum for it to pass. If a majority of those voting support renaming the skatepark but the participation rate drops below 40 percent, the referendum will fail.

During the Nov. 19 meeting, the directors withdrew a motion offered by Director Colette Horn for a Youth Award named after Gavin Knupp to be presented each year at the annual meeting of the association. The directors kept open the possibility of memorializing Gavin Knupp at a later time, perhaps with both an annual award and renaming the skatepark.

They also called for “temperatures to drop” in the “Justice for Gavin” movement which directors regard as volatile at best and at worst overtly hostile and negative.

In voting to withdraw the motion for an annual Youth Award named after Gavin, the Board specifically cited recent comments by Gavin’s mother, Tiffany Knupp, as the reason for withdrawing

a motion to create the award.

Every Board member said they supported the Justice for Gavin movement and were anxious for the investigation into the circumstances leading to his death to conclude. Several said they supported renaming the skatepark in Gavin’s honor or were at least open to considering it.

However, each Board member also said they were disappointed by the level of rancor exhibited by some in the Justice for Gavin movement.

Horn introduced the motion “to approve OPA partnering with the Gavin Knupp Foundation to create an annual Gavin Knupp Award” and said the award would honor a local youth who embodies the qualities that inspired the foundation.

After extensive Board discussion, Horn withdrew the motion to create the award.

“We all know that Gavin Knupp is a youth ... whose life was cut short by a tragic accident. Testimonials provided to the Board of Directors convey that he embodied admirable qualities such as kindness, empathy, inclusiveness, leadership, and a spirit of positivity,” Horn said. “The Board would like to memorialize these qualities in a gesture that conveys their importance and value to our community of youths and adults, by shining a spotlight on Gavin’s qualities and the award recipient’s embodiment of them each year at our Annual Meeting of the Membership.”

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Horn said she and Association President Doug Parks met with Tiffany Knupp to discuss the award, and whether she and the Gavin Knupp Foundation would support it.

“For me, it was an important initiative to con sider, because I felt that we needed a memorial that would reach the entire membership,” Horn said, adding she felt the award would touch more local people than renaming the Ocean Pines Skatepark, which had been discussed by the foundation.

Horn said Board members asked for testimo nials on Gavin’s character, because they were not familiar with him or his family.

“We wanted to know, who is this youth who in spired the development of this foundation,” she said. “Those testimonials gave us that informa tion, and we learned that he was a child of in tegrity, of incredible kindness, or incredible inclu siveness and empathy for his peers,” Horn said. “I personally felt that these are qualities that speak to this community [and] that sometime are in short supply in the overt behavior that we see in this community, and on social media.

“I felt that, whether the skatepark would be renamed or not renamed, this would be an award that would speak to the entire community,” Horn added.

Horn said she also spoke with founding moth

ers of the community, skatepark founder Barba ra Kissell and the founders of other Ocean Pines amenities, and current and past Board members.

“Everyone felt this was a great way to memo rialize this youth, and to put front and center to this entire community each year who Gavin was, his story, and the qualities that inspire the people who loved him,” she said.

Horn said Tiffany Knupp initially loved the idea and was supportive of partnering with Ocean Pines. “I have to say, I was gob smacked when someone sent me a social media posting in which I was told [by Tiffany Knupp] to kindly ‘shove this award up my ass,’” Horn said.

“I still believe that this is an appropriate [way] to memorialize Gavin to the wide audience of the entire membership,” Horn said.

Association Vice President Rick Farr said he supports the Justice for Gavin movement and was an early donor to the foundation. However, Farr said he’s alarmed at the some of the comments he and other Board members have received directly, as well as what they’ve seen on social media.

“One of the things that’s really hurting is the temperature of this community,” Farr said. “The harassment, the bullying, the threats – we have Board members here that have been threatened, and open investigations have been done for those threats.

“That bothers me as a Board member, as a fa ther, [and] as part of this community,” he contin ued. “The temperature has to drop immediately.

You can’t get anything done when you act like this. It’s a mob-type mentality that doesn’t belong in our loving community.”

Farr said he has letters from parents of chil dren who have been bullied at school because they work at Ocean Pines Association restau rants, which have been subject to boycotts.

“That’s wrong, and that’s not who we are,” Farr said. “I support the Gavin Knupp Foundation and everybody on this Board wants justice – I can tell you that wholeheartedly. Everybody. But the way it’s happening is not who we are.

“We all need to lower this temperature that’s out there, where there’s name calling and stalking and doxing, and taking pictures of people and shaming them in public because they’re going to a food and beverage establishment,” he added.

Farr said boycotters have every right to do so, just as those supporting the amenities have every right to do so. He said he hopes the community can come together and move forward.

“Ocean Pines is not part of this [police] inves tigation that’s going on. That’s up to the state’s attorney, Maryland State Police and all of that. We have nothing to do with that,” Farr said. “We want justice, just like everybody else does.

“We will continue to support the Gavin Knupp Foundation [and] we will continue to support jus tice – but we don’t need vengeance in our commu nity, at all,” he added.

Director Stuart Lakernick echoed Farr’s state

Petition drive

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ment and said he was also an early supporter and donor to the foundation. But he said the behavior by some was “just wrong.”

“We had to take our phone numbers and ad dresses off our website because of the targeted emails, text messages and phone calls we have all been getting, that are threatening us,” Laker nick said.

He said Horn, in particular, has been a target.

“She’s endured some brutal attacks. I’m horri fied at what this woman has had to go through,” he said

“We’re volunteers, folks – we’re you,” Laker nick continued. “Governing … isn’t easy. You have to make decisions that some people aren’t going to like … but understand, the decisions that we make are made for the benefit of everybody.”

Director Monika Rakowski said that, after Tif fany Knupp approached the Board in September to discuss renaming the skatepark, she felt it was worthy of consideration.

“In contemplating the idea though, I felt, what if another child passes away that also loves the skatepark – are they no less worthy of being re membered by friends and family at the facility that they wish?” she said.

Rakowski said she heard from community members who opposed the renaming, but were

“too intimidated to voice opinions, for fear of re taliation.”

“Some members have asked, ‘is it even safe to go to our food and beverage venues anymore?’” Rakowski said. “It is unfortunate the Board’s of fer of … an award in Gavin’s name is considered an insult. Having that information, there’s no ac tion required at this time, or warranted.”

Director Steve Jacobs said he wrote and filed a motion to rename the Ocean Pines Skatepark, but he later withdrew it.

“I pulled my motion after I was informed of an agreement coming out of a meeting with Ms. Tiffany Knupp, Board member Colette Horn and President Doug Parks. I confirmed the agreement with Ms. Knupp, and she agreed that I should remove the motion from the agenda for today’s meeting,” Jacobs said.

Jacobs said he still believes renaming the skatepark “is an appropriate way to memorialize Gavin Knupp.” He also said the award in Gavin’s name is a worthy proposal.

“It is especially painful that we could not find a way to honor Gavin today. I hope, going forward, that we will still find a way to do so,” he said.

Jacobs said there’s been a “rush to point fin gers” and “to suggest a variety of mean or evil mo tives.” He encouraged people to share their opin ions and said open discussion is valuable.

“Protest, done peacefully, is an expression of important views. Boycotts of products or busi

nesses is an acceptable form of protest. Mean, insulting, vicious comments about any person – even one you disagree with – has no place in the sort of discussion and debate we should all value,” Jacobs said. “In this case it has made – at least for now – the chance for Ocean Pines to me morialize Gavin a nonstarter.

“It is very sad that we will end up doing noth ing to memorialize a young man, taken from his friends [and] family in this community, much too soon,” Jacobs added.

Jacobs said “the back and forth on social me dia” has become an “insurmountable roadblock to doing the right thing.”

Like Farr, he called for temperatures to drop.

“No matter where you fall on this debate, en gaging in insulting, mean, disparaging comments or actions that harass or insult someone else sim ply because they disagree with you is wrong and fails to get us any closer to a solution,” he said.

“Those who engage in that behavior do a dis service to our community, and to Gavin’s memo ry,” Jacobs continued. “What is clear is that today no one has won, and we have failed to do the right thing – recognizing Gavin Knupp and honoring his memory. At best, we have missed an opportu nity. At worst, we have lost that opportunity.”

Director Frank Daly said of himself and the other Board members “there’s absolutely no ques tion that we want justice, and we want this thing

From Page 7

brought to a firm legal conclusion.”

Daly said he supports both the annual award and the skatepark re naming.

“But, at the end of the day, I’m not going to shove something down the family’s throat. I don’t know what they want, after looking at all the social media posts … and until I know what they want, I’m not going to vote on anything,” Daly said. “And that’s unfortunately where we’re at, and it’s sad.”

Parks reaffirmed there is “abso lute support” on the Board for jus tice for Gavin, as well as an “abso lute desire” to memorialize him.

Parks said the skatepark renam ing effort initially stalled because there was at least some opposition.

“It made us reconsider,” he said.

Parks said he was excited about the notion of an annual award, es pecially after learning that Gavin enjoyed skateboarding, as well as fishing and hunting and other out door activities.

“When you memorialize him on an annual basis, the target audience isn’t just going to be the folks that are skateboarding.

“The target audience can be ex panded to all of those other friends he made in those particular envi ronments … that’s what really in trigued me and made me really sup portive,” he said.

Parks said Tiffany Knupp initial ly liked the idea and said, “I wish I would have thought about that.”

“Leaving that meeting, we were very upbeat. We felt … this is really the way to go,” Parks said.

Parks said he understood that Tiffany Knupp later reconsidered after talking with friends and fam ily members.

“Having her change her mind, not a problem,” he said. “She could have come back directly to myself, Colette and the Board and said, ‘You know what, thanks, but no thanks.’ It didn’t even have to be polite.

“But we find out on social media, not only was it a bad idea, but there were some things in there that prob ably were not appropriate,” Parks said.

“I still want to give her the benefit of the doubt, because I still respect her cause … if she asks us again to reconsider, absolutely. Because I still think it’s a good idea,” he said.

Renaming the skatepark is also still on the table, he said, adding that “perhaps it’s not the right time.

Gavin Knupp foundation, skatepark naming said to be Viola’s idea

OPA directors, Tiffany Knupp spar over proposal to create Youth Award in Gavin Knupp’s honor

By TOM STAUSS Publisher

Buried in a very public skirmish over creating a Youth Award named after Gavin Knupp was the relevation that Ocean Pines General Manager John Viola came up with the idea to cre ate a foundation to fund-raise for improvements to the Ocean Pines skatepark and then naming it after Gavin.

The disclosure of Viola’s role in the foundation and skatepark naming issues surfaced when Tif fany Knupp, mother of Gavin who was killed in a hit-and-run accident this past July, responded to a press release issued by the Board of Directors about a bombshell social media post by Tiffany that she was no longer interested in naming a Youth Award after Gavin.

Called a visionary by OPA Director Colette Horn earlier this year, Viola has been a roll in recent years improving OPA assets, with improvements rang ing from a new golf clubhouse and solutions to de cades-old problems with golf course greens, expan sion of the Southside racquet center, and new t-docks at the Yacht Club, among a litany of others.

In that context, Viola coming up with a possible ways and means to improve the skatepark while hon

oring the memory of a deceased Ocean Pines teenager seems like the latest example of Viola thinking outside the box, and a confirmation of Horn’s descrip tion of Viola earlier this year.

In recent remarks published in a local weekly, Tiffany Knupp is quoted as saying that it initial ly seemed as if the skateboard naming was on track, but then over time support for it began to wane.

Indeed it did, with OPA directors hearing from OPA member uncomfortable with naming an OPA amenity after an individual who was not involved in its initial construction. Muddying the waters even further was the nature of the campaign, mostly on social media but also in emails to the directors, that adopted what some directors regarded as an overtly negative tone about the Matt Ortt Companies.

Although a separate issue, many of the proponents of the naming the skatepark after Gavin have also been engaged in a campaign aimed at MOC, calling for a boycott of MOC-operated venues and the remov al of MOC as the OPA’s food and beverage contractor.

“I’m not against it, I just don’t think it’s appropriate right now … I just think it’s too volatile of a situa tion,” he said.

“I, for one, would love to see tem perature go down a little bit. Hope fully, more information will be com ing out from the state police and

state’s attorney’s office,” Parks add ed. Horn then withdrew her motion, which the Board supported doing by unanimous consent.

John Viola

Viola

From Page 8

The rationale for both is the belief by some “Justice for Gavin” adherents that MOC had some connection to the death of Gavin, a belief that has been vigorously countered by MOC.

The OPA Board’s statement was a reaction to a social media post by Tiffany rejecting what directors Horn and Doug Parks thought had been a “compromise” agreement to create a Youth Award that would be bestowed on an Ocean Pines young person at the annual meeting of property owners, similar to the Volunteer of the Year that is bestowed in honor of Sam Wilkinson, an Ocean Pines teenager killed decades ago in a boating acciodent.

“At a meeting held on Monday afternoon [Nov. 14] with Mrs. Knupp and OPA Directors Colette Horn and Doug Parks, a discussion was had regarding the request for renaming the skate park,” the statement read. “Mrs. Knupp held true to her desire for it to be renamed, but added that she had heard the Board was not in full agreement to support the request at this time.

“Directors Horn and Parks presented the idea of an annual award in Gavin Knupp’s name that would be presented each year at the annual meeting in the same manner as the annual Sam Wilkerson award. The Directors promoted the idea of a partnership with the foundation she and her team created, and that the foundation would drive the selection criteria and details for the award.

“Mrs. Knupp agreed that it was a good idea and supported the notion that as an annual award her son’s name and legacy would be preserved over time. At the conclusion of the meeting, she agreed that a motion for the annual award be put on the agenda for the upcoming board meeting, then hugged Director Horn and shook hands with Director Parks as she left. We felt that an agreement by all parties had been made at that point.

“The concern is the content of the social media comments posted by Mrs. Knupp. Given the discussion at the aforementioned meeting, the Board is both surprised and dismayed with the comments she made. First and foremost, the business relationship that the Association has with the Matt Ortt company has nothing to do with a decision to rename the skate park.

“The Board takes exception with the patently false and defamatory statement that ‘…We pay our dues and elect official to represent us, not to represent their friends that take them on expensive trips, pay their food and alcohol bill and use that to sway votes…’ Nothing could be further from the truth, as the Matt Ortt company does not oppose the renaming of the skatepark and has informed Ocean Pines on more than one occasion.

“The bulk of the remaining comments are opinion and while we may disagree with them, we recognize and respect these statements being made. With regard to the vile and disingenuous statement in the post ‘Please kindly take the meaningless award and shove it up your asses,’ the Board concludes that Mrs. Knupp is not interested in the award concept that she agreed to at the meeting on Monday.

“However, should she reconsider the issue at some point in the future, the Board is open to reconsider the idea of an annual award in her son’s name,” the statement concluded.

In a published response to the Board press release, Tiffany Knupp said that it had omitted important information, including the revelevation about Viola’s role in coming up with the idea for a foundation and naming the skatepark after her son.

She went on to say that a factor in the reluctance of the Board to rename the skatepark was related to the ongoing campaign to boycott MOC or to force the Board to sever its contractural relationship with MOC.

“I did not leave there saying it’s OK,” she said in the article. “I said it’s a great idea and if this is all I can get then that’s that. But this is not honoring Gavin and this is why.”

She is quoting as saying that it wasn’t a good meeting, that she was railroaded, and that the foundation set up in Gavin’s name is already doing community outreach, including scholarships to be awarded in his name.

“The point is to improve the skate park because it’s an eyesore and to make it more family-friendly. Just make it a better place, but they don’t care. They offered the award to pacify me. By the end of the meeting, they asked to put up a Facebook post saying I agreed to this and I said no. They’re trying to shut me up,” the article quotes her as saying.

$10 appetizers everywhere

OPA members duel over naming skatepark

By ROTA L. KNOTT Contributing Writer

Determined to have the Ocean Pines Association’s skate park named in honor of Gavin Knupp, a 14-year-old boy killed in a hit-and-run more than four months ago, supporters told the Board of Di rectors during the Public Comments segment of the Nov. 19 monthly Board meeting that doing so would help the community heal.

Gavin’s mother, Tiffany Knupp, presented the proposal to the Board at a previous meeting, but directors have been hesitant to act on the request and are facing community push-back as a result.

Other OPA members who spoke during public comments argued that those same supporters of renaming the skatepark have been bullying directors and the Board shouldn’t give in to their demands.

They argued that those support ers are jeopardizing the associa tion’s financial health by advocating boycotts of OPA food and beverage operations and urging the Board to sever its working relationship with the Matt Ortt Companies.

“We have a young member of our community that was senselessly killed, murdered by a hit and run driver. That family is a part of our community. Sometimes we have to think from the heart and not from the financials,” Becky Vale said.

She said the skatepark could be come a therapeutic place for Gavin’s friends and would become a place where they could gather. “The way this was handled so far from what I’ve seen on social media was a com plete failure on our part as a com munity. And it’s not hard to fix it. Supporting the renaming for Gavin is nothing more than supporting one of our own.”

Vale said it would be easy for the Board to rename the skatepark in Gavin’s honor. Doing so, she said, is not connected in any way “with who’s guilty and who’s not guilty of his death” and “It has nothing to do with the Yacht Club or any oth er restaurants. It has to do with our children healing and feeling support by the adults in this community. And it’s about time we do something for our youth in this community and that would be a good start.”

She said members elected the Board to do what’s best for the com munity and that would be to rename the skatepark for Gavin.

Steve Ramsdell was against re naming the skatepark. “To say that you can separate attacks on Matt Ortt Companies and our amenities and our financial future and our fu ture assessments from naming the skate park is ludicrous. It’s all part and parcel and right now we have a group of people in the Pines, and many recruited from out of state,

chiming in and telling us how we should run our business. And de manding that the Matt Ort group do what they have done. They divest ed from Mr. DeAngelus. They fired the two persons that this group of bullies demanded and apologized. And the response was ‘kiss my ass.’ That’s what you’re dealing with.” Ramsdell acknowledged that the

Board offered to create an award named in Gavin’s honor as a good faith step. “The response was a spit in your face.”

He likened the group of skatepark supporters/Yacht Club boycotters to high school bullies. “A bully threat ens you and demands your lunch money. You give it to him. What hap

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Public Comments

From Page 13

pens? He comes back the next day and demands today’s lunch money. And that’s exactly what’s happening here. They’re demanding what they want and not what’s good for the community.”

Ramsdell said he sympathizes with the loss of Gavin but the group shouldn’t be trying to get what it wants by “demanding, threatening, bullying, cursing, stalking people who simply say let’s wait for the evidence” of who committed the crime.

He encouraged the Board to take a stand and find a way to honor Gavin on its terms and in a way that makes the most sense for the community.

Betty Wildgust, who lost a nephew in a hit-and-run accident, said she doesn’t know Gavin’s family but does know the trauma that they’re facing. “I think it’s entirely appropriate to create a memorial to Gavin by renaming that skatepark. I think it will help the community, the family, and the friends by doing do. I strongly urge you to do that,” she told the Board.

Mark Thomas said he is in favor of doing something in honor of Gavin but the group organized to lobby for the skatepark renaming is taking things too far. “There’s not one single person that I know that doesn’t want justice for Gavin,” he said, adding “But when you become angry and you attack people that’s wrong to me. That’s nothing that I would think would even be possible in this day and era.”

He said people are attacking the Board because of the OPA’s relationship with Matt Ortt Companies, which manages three Ocean Pines food and beverage venues. The company has terminated its relationship with Ralph DeAngelus, a former managing partner, due to an alleged connection to the car involved in the hit-and-run on Gray’s Corner Road that killed Gavin.

“I understand how people are angry and hurt,” Thomas said, but he added that Matt Ortt made a mistake by initially supporting DeAngelus and he apologized. “If it’s good enough for Jesus it’s certainly good enough for me,” he said. “But people make statements to protect people or that they know and they love. But then later on they realize it was a mistake and they move forward.”

Thomas said the Matt Ortt Companies have provided excellent service to the OPA. “It makes absolutely zero sense to me for people to stop

OCEAN PINES

supporting things that have something to do with Matt Ortt when he has nothing to do with this.”

Kim Gorsuch said she is able to separate her opinion about the impact on the food and beverage operation and the request to rename the skatepark, which she supports. “I think it would do good for this community,” she said, adding “We need to do that as a community and it’s not going to cost us anything more. They want to come in they want to improve it. And kids go there. His peers go there.”

Former OPA director Josette Wheatley said the Board should rename the skatepark. She repeatedly said that children in the community have lost a friend and it’s up to the adults to help them find ways to cope. “Two days after this event, they were all over that park. These kids are heartbroken. They’ve lost a good friend. They don’t understand it,” she said.

The financial picture of the OPA is important and it is important for whomever hit Gavin to be brought to justice by the authorities, she said.

“My God people. Be a good human. Do the right thing. Embrace those that are hurting in the community. And at the end of the day I guarantee you won’t have any backlash,” she told the Board.

Andie Davis took issue with language in a statement made by OPA President Doug Parks at the beginning of the meeting referring to a “sub-set” of the community. She said the Board has had a lot of poor publicity. “This is an opportunity to not think of us as the sub-sets that you described in your statement but to think of us as a whole community and to give all of those kids at that school who live here and all of the parents who live here the opportunity to feel defended and appreciated.”

She acknowledged a lot of negative statements are being made on social media but said she’s not sure anyone should be making judgments about people who say things online.

Doris Nowakowski said she didn’t know Gavin or his family but still doesn’t see why naming the skatepark for him is such a challenging issue. “Why is this such a big deal? Why can’t we do this?”

Parks replied saying there are also people opposed to the proposed renaming and the OPA doesn’t have any policies or procedures for naming an amenity or facility for someone.

“For all the folks that have supu

Janasek settlement talks stalemated

Disagreement over legal fees may be headed to Dec. 12 Court hearing for resolution

By TOM STAUSS Publisher

Calling a settlemernt offer by the Board of Directors “ridiculous,” former director Tom Janasek said he is prepared to go to court again in the hopes of securing a more generous settlement from a Worcester County Circuit Court judge in a case in which he and his attorney Bruce Bright of Ocean City have achieved one victory after another.

Judge Beau Oglesby recently awarded Janasek a temporary injunction, in addition to a temporary restraining order against enforcement of an amenities ban imposed

Public Comments

From Page 13

ported the renaming we’ve also had a number of folks who are against the renaming. They’re part of our community as well.” He added that there is no determination of what criteria should the Board should use or consider in order to rename a facility.

“While I understand and certainly respect the request, we also have to respect the request of the others who have said it would be wrong to do that. It would set a wrong precedent. I’m not saying they’re right or wrong. I’m saying that’s the other side of the argument that we’ve heard and which ends up causing us the dilemma,” he said.

Perhaps now is not the right time to discuss this proposal, Parks said and suggested it be discussed in the future at a more appropriate time. “There is merit in doing it. I want to make sure we do it for the right reasons. And be able to tell the folks who are not in favor of that why we moved forward with this decision.”

Jerry Leuters said it seems there’s always something with the Board “creating a mess and when those things happen it detracts from the truly important issues.” He said Matt Ortt is not a victim and neither is Ralph DeAngelus.

“The only victim is Gavin and his family,” he said. Leuters said whoever hit Gavin should have had the moral courage to come forward but they did not. “They’ve created all this.”

by a Board majority several months ago. The ban was the result of a verbal altercation between Janasek and former OPA director Josette Wheatley this past summer at the Yacht Club tiki bar.

Judge Oglesby also determined that the Board had acted in bad

faith in the way it handled the Yacht Club incident. At this stage in the litigation, there normally is an effort by the litigants to settle without much court intervention.

The Board of Directors, after meeting in two executive sessions with counsel, decided to offer

Janasek $2,000 to settle the case, Janasek said, which he called “ridiculous.” He and his attorney countered with all of Janasek’s legal expenses, likely north of $40,000 by now.

Janasek said that if the Board re-

Janasek

From Page 15 jects his request for the payment of his legal fees, a court date in Snow Hill has been set aside for Dec. 12 where it can be discussed with a Worcester County judge, presumably Judge Oglesby again.

Acknowledging that state courts in Maryland don’t normally award legal fees to the side that prevails in litigation, Janasek said it’s possible that the Court will do so in this case because of a pattern of bad faith determinations by local judges against the OPA.

He mentioned his case and last year’s Richard Farr vs. OPP and the 2018 Trendic case.

“Someone needs to slap them down for their behavior,” Janasek said. “If they can get away with this without incurring some sort of penalty, then what’s to stop some future Board with four Larry Perrones to repeat what happened to me, Rick Farr and Slobodan Trendic.”

Perrone is a former OPA director and one of the named defendants in

Parks reaffirms MOC contract

Board unanimous in support of food and beverage management company

By TOM STAUSS Publisher

While there are those both within and without the community who want the Ocean Pines Association to sever ties with the Matt Ortt Companies, there is no support for that within OPA management or the Board of Directors.

OPA President Doug Parks made that clear in a statement he read as part of his President’s Remarks during the Nov. 19 monthly Board meeting.

He pushed back against social media opinion that there is any connection between the Gavin Knupp tragedy, in which the 14-year-old Ocean Pines resident lost his life in a July hit and run accident, and MOC.

MOC has a contract to manage three Ocean Pines

the case along with former directors Amy Peck and Wheatley.

Current directors Colette Horn and Frank Daly are also named defendants.

Janasek said he only wants to re-

Robert D. Park, DMD, MSD ORTHODONTIST

food and beverage venues.

“As I am sure everyone is aware there is much attention surrounding the Gavin Knupp tragedy. One can understand the frustration given the length of time that has passed without information from the state police regarding the details of the incident. I and many others cannot fathom or even pretend to understand what the family is going through at this time,” Park said to open his statement.

He then said over the last several months, “there have been posts and comments on social media to have the Board remove the Matt Ortt company as the management firm for OPA’s food and beverage operations. Recently there have been a number of emails sent to the Directors with the same recommendau

cover his legal expenses, not impose additional punitive damages on the OPA or the five defendants.

The lawyers who have been advising the Board on next steps were Jeremy Tucker, the OPA’s general

counsel, and Megan Mantazavinos, of the Marks, O’Neill, O’Brien, Doherty and Kelly law firm of Towson, Md., representing the Ocean Pines Association’s insurance company.

tion, along with calls to boycott OPA amenities and veiled threats to the Board if no action is taken.”

One recent threat came in the form of a message to OPA Board member Colette Horn. It included a picture of a pig captioned by the words “you’re next,” without any ad ditional commentary. Horn filed a police report about the incident.

Parks referred to the “business contractural relationship with MOC that has been financially rewarding for both the OPA and MOC since MOC assumed day-to-day manage ment control of OPA food and bev erage venues about three years ago.

“OPA has a business contractural relationship with MOC that involves specific obligations by both parties. At this time, there is no consider ation for changing that relationship

or the end date of the contract. It is the obligation of the OPA Board of Directors to base any decision to do so on the business interests of Asso ciation,” Parks said.

He also suggested that the Board can’t let anti-MOC feelings by a mi nority of OPA members dictate a change in the OPA’s business rela tionship with MOC.

“Major decisions affecting the Association must include consider ation for how the overall community will be affected, rather than a sub set of the membership. I understand and respect everyone’s right to voice their opinions and boycott facilities as they see fit,” he said.

“However, those actions in and of themselves are not the basis for an important financial decision. I re spectfully ask that at this time you consider and understand our posi tion on the matter,” he concluded.

At the Board’s Nov. 19 meeting,

there were no calls for the Board to sever ties with MOC, but there were several requests during Public Com ments for the Board to name the OPA’s skatepark after Gavin Knupp.

While the directors did not shut the door entirely on that possibility, there aren’t the votes to make that happen anytime soon.

OPA Vice-president Rick Farr told the Progress recently that what he regards as the campaign on so cial media to malign MOC and to tie MOC to Gavin Knupp’s death has been a factor in the thinking of some directors about the skatepark nam ing.

Pressure tactics and insults hurled at OPA directors by support ers of the “Do It for Gavin” Facebook page also aren’t creating good will between the Knupp family and the Board, Farr said.

Meanwhile, Parks and former Director Amy Peck recently had a

barbed email exchange regarding the extent to which MOC’s Matt Ortt is focusing enough attention on Ocean Pines food and beverage venues operated by MOC, after the recent departure of partner Ralph DeAngelus.

Peck contended that following the departure of DeAngelus, she is concerned about MOC’s “coverage for Ocean Pines. It already appears that Matt’s primary focus is not Ocean Pines.

“Just this Sunday, a peak foot ball time for the Clubhouse, we wit nessed Matt at Coastal Salt not the Clubhouse. This has been the case in the past as well. Please protect Ocean Pines’ interests.”

Parks took exception to Peck’s comments, calling it a “lie” that Matt Ortt’s focus “is not Ocean Pines and not the Clubhouse.”

He told Peck that “when you can demonstrate to me your knowledge and experience in running a suc cessful restaurant/food and bever age operation, I will listen to your concerns. Until then, I stand by my previous comments.”

Parks said he later met and shook hands with Ortt at the Clubhouse on the very day that Peck claimed Ortt wasn’t devoting enough time to OPA.

It’s clear that Ortt rotates from among the various venues his com pany manages, and there are on-site managers who run the venues when he’s not there.

In addition, the Beach Club is closed for the season and MOC also is phasing out Yacht Club opera tions for the winter while keeping the Clubhouse open, at least for the time being.

Peck apparently isn’t satisfied.

In another on-line post, she said that “she has heard” that OPA Gen eral Manager John Viola recently

met with Ortt to discuss the very is sues she raised with Parks.

“Matt must now split his time be tween Coastal Salt, Coastal Smoke house, Yacht Club and Clubhouse Grill ... In season he adds the [Ocean Pines] Beach Club and Rum Shack. Shouldn’t the Board want to make sure that OPA remains the #1 pri ority and staff isn’t spread too thin?

“I found Doug’s response unpro fessional. A simple thank you for your concerns, we are addressing the changes would have sufficed. Or he could’ve not responded like as the case with every other email I send. Mr. Park’s job isn’t to defend Matt Ortt but to protect Ocean Pines,” she wrote.

Farr in comments to the Progress defended both Parks and Matt Ortt.

“I have all the confidence in the world that we’re getting the full attention of the MOC after Ralph’s departure,” Farr said. “There is no evidence that staff is spread too thin or that Matt isn’t doing what’s nec essary to fill any gaps.”

He also said that operations are winding down with the advent of winter, so staffing has been less of an issue.

“MOC will have plenty of time to gear up in time for the summer sea son,” Farr said.

Ralph DeAngelus, a former MOC managing partner who focused on Ocean Pines operations parted com pany with MOC as announced in a Nov. 7 press release issued by Matt Ortt.

“In the weeks and months follow ing the devastating and sudden loss of Gavin Knupp, the partnership team strongly considered removing Mr. DeAngelus from the company. However, what prevented the move to this point was the partner’s belief that it was vitally important to be patient and allow the investigative process to independently before de ciding Mr. DeAngelus’ future [with MOC],” Ortt said.

“We were hoping to better un derstand all of the facts, and each person’s role on the night of the ac cident,with investigative certainty. There is no question that process is as important as [the] outcome.

“While it had been everyone’s col lective hope that the criminal jus tice process would move much more quickly, unfortunately, this was not the case.

“Furthermore, it appears the in vestigation remains open with no indication given as to when that

process may be completed. As a re sult, Matt Ortt Companies’ partners decided to wait no longer and moved forward with Mr. DeAngelus’ divest ment and removal. Additional, both Kearson and her son, Tyler, are no longer affiliated with the company in any way.

“Regarding the ongoing investi gation, Matt Ortt Companies reiter ated that the organization has been, and will remain, transparent and responsive to any and all requests made by those investigating the in cident. Matt Ortt Companies strong ly emphaszied that none of the re maining partners, or their families, were involved in, have any informa tion about, or would shield anyone involved in this case. To say other wise is simply not true,” he said.

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Ortt also apologized for the state ment of support for DeAngelus he is sued soon after the death of Knupp.

“I issued a supportive written statement that was based solely on my trust in Mr. DeAngelus without contemplating the deep-seated pain my stance would cause,” he said. “My actions were insensitive, in appropriate and showed very poor judgment ... I should have wait until independently verified investigative facts were available before offering an opinion.”

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OPA issues cease and desist letter to former director

By TOM STAUSS Publisher

Former Ocean Pines Association Director Josette Wheatley is in hot water for a recent on-line post in which she referred to the OPA as an “organized crime ma chine” and OPA directors as “felons,” without providing any supporting evidence or even detailing what ac tions by the Board of the Directors she found to be so offensive.

Wheatley, who finished fifth among six candidates for three seats

on the Board this past summer, is known to be unhappy with this summer’s Board election process, of which there is near universal agree ment that it didn’t go well.

Among other issues, owners of multiple lots who submitted paper ballots had their votes counted only once, rather than weighted for the number of lots owned. This effective ly means that the final vote counts for all six candidates are almost cer tainly inaccurate.

The Elections Committee is work

ing on remedies, which will be in place for next summer’s election. The top three vote-getters as reflect ed in a hand-count of paper ballots together with electronic votes were seated on the Board this past Au gust and are serving as directors.

Wheatley also is an advocate of the OPA severing ties with the Matt Ortt Companies, the OPA’s food and beverage management contractor, and favors naming Ocean Pines’ skatepark after Gavin Knupp, the Ocean Pines 14-year-old killed in a hit-and-run accident this past July.

She didn’t mention any of those issues in her post; nor did she ex plain why she believes OPA policy positions on any of them constitutes criminal activity.

On behalf of the OPA Board, counsel Jeremy Tucker took Wheat ley to task for those two assertions.

“With disillusionment, the As sociation finds it necessary to send this notice to you, a former Ocean Pines director,” he wrote in a cease and desist letter.

“As a former director, you know the accuracy and inaccuracy of your statements about Ocean Pines, and the potential harm that false state ments can cause to the reputation of Ocean Pines and its many employ ees.

“Ocean Pines is a well-respected business in the community, and has

spent decades building its positive reputation. Ocean Pines employs over 100 persons and works with dozens of contractors to provide ser vices for Ocean Pines’ members,” he wrote.

Tucker acknowleged that OPA members may “feel passionate about certain issues and may criticize As sociation decisions. The directors, as you know, also regrettably under stand that by volunteering to serve on the Board they may need to en dure vile personal insults. There is a point, however, when critical com ments cross the line to defamatory statements.”

He told Wheatley that recent com ments she “posted online crossed this threshold, and will not be tol erated.”

Tucker said that in Maryland, a false and defamatory communica tion is “one which is false, and the maker knows is false, yet was made with reckless disregard of the truth. Defamation can also be a communi cation which, on its face, is defam atory, e.g. a statement that one is a thief.”

He said that two defamatory posts on Facebook were made by Wheatley on Nov. 9, “in which you call the Ocean Pines [Association] an ‘organized crime machine’ and refer to Ocean Pines directors as fel ons. ‘Felons are felons, folks.’”

Indeed, there are no felons serv ing on the OPA Board, and by-laws changes approved by OPA members earlier this year prohibit felons from serving on the Board.

“As a former director, you know the falsity of these statements, and yet you made them with reckless disregard of the truth. To the extent

Toys for Tots donation

The Ocean Pines Golf Members Council recently made a sizable donation to the Toys for Tots program, run nationally by the U.S. Marine Corps Re serve. Items were donated during the council’s annual dinner dance Nov. 3. Pictured is Joe Pantone, who assisted in the toy collection. Additional donations of toys can be made in drop-off sites throughout Ocean Pines, including at a Bagel And in South Ocean Pines.

General counsel says Josette Wheatley defamed OPA by calling it an ‘organized crime machine’ and directors ‘felons’

From

you, as a former director, believe that the Ocean Pines is an orga nized criminal machine, or that the directors are felons, your statements are on their face false and defamato ry,” Tucker wrote.

He told Wheatley that she “must immediately cease and desist from making all such comments aimed at defaming Ocean Pines.

“If you fail to immediately cease and desist, Ocean Pines may pur sue all appropriate legal remedies against you.

“I suggest you contact me to dis cussion your intentions.” Tucker concluded.

While it’s not been reported whether Wheatley responded to Tucker, she has not made any simi lar posts since Nov. 9 that have come to the attention of the OPA.

Wheatley has been in the news a lot this past year.

She featured prominently in a verbal altercation with former OPA Director Tom Janasek this summer at the Yacht Club tike bar, and is a defendant in the litigation that grew out of that incident.

Electronic voting could be used in pending vote to amend DRs

Committee to look for ways to continue electronic voting in Board elections

By TOM STAUSS Publisher

Although media reports from a Nov. 3 meet ing of the reconstituted Elections Commit tee seemed to suggest that the committee was moving away from electronic voting in next summer’s Board of Elections election, the probabil ity is that the committee will find a new vendor that can handle e-voting while providing a paper trail that could be generated in the event a recount of ballots is needed.

As for the pending section-by-section voting to amend Declarations of Restrictions, that could in clude the option of electronic voting, although a fi nal decision has not been made.

Officially, the committee during the Nov. 3 meet ing voted to recommend suspension of electronic voting, and that recommendation was included in a report recently submitted to the Board of Direc tors.

Committee chair Tom Piatti noted during the meeting that the committee would not be recom

mending elimination of electronic voting, but only its suspension pending finding a new vendor who could generate a back-up paper trail.

He later told the Progress that a new vendor would have to be able to be facilitate a hand recount of electronic ballots by outputting a paper trail - a PDF (portable document file) of electronic votes.

He said it is his intention to find a new vendor by interacting with the Community Association Insti tute, a trade association with thousands of home owner associations as members.

The Ocean Pines Association is a member, and Piatti said he will be asking to be one of the individ uals associated with the OPA who would be desig nated to interact with CAI.

“I’m sure there are associations out there that do electronic voting and that have the capability of generating a paper trail in the event a recount is needed,” he said.

Once his committee through the help of the CAI is able to locate vendors who can provide the level

Electronic voting

From Page 24

of service required by the OPA, Pi atti said the committee could then solicit proposals for a new vendor to handle electronic voting.

He said that there should be enough time to complete that pro cess in time for next summer’s Board election.

Paper ballots would continue to be another option for OPA members, but with one important change.

The committee is recommending that, unlike this past summer, one ballot be sent to every lot in good standing, with owners of multiple properties receiving one ballot for every lot owned.

The committee also will be look ing for a vendor that has software that can work well with the OPA’s high-speed scanner, which the com mittee has determined works as ad vertised and is not a problem. The software used last summer was re garded as defective by committee members who researched it.

Piatti in a Nov. 19 interview said that following the recent submis sion of the committee’s report to the Board, one director, Colette Horn, asked why the committee was rec ommending suspension of electronic

voting.

OPA President Doug Parks re cently told the Progress that since electronic voting operated without any reported glitches this past sum mer, he was unaware of any desire by current Board members to elimi nate electronic voting.

The committee agrees that elec tronic voting had no reported issues, but members are nonetheless criti cal of e-voting because the current vendor is unable to produce a ver ifiable paper trail of results in the event a recount is ordered.

Piatti said that Horn said she would like to use electronic voting in the pending section-by-section bal loting on amending Declaration of Restrictions to regulate short-term rentals in Ocean Pines. Some newer sections in Ocean Pines already re strict short-term rentals.

Piatti said the committee would follow whatever guidance the Board provides on electronic voting, but that the committee could handle counting of ballots even under a pa per-only scenario.

“This vote [to amend the DRs] is Yes or No,” and the committee could count all the ballots by hand if so di rected by the Board, he said.

If the objective is do the DR vot ing relatively soon, the scanner

software used in this last summer’s Board election won’t be used be cause it’s been found to be defective, Piatti said.

The software might even have double counted ballots summer be cause of bleed-through, a potential issue that is impossible to quantify.

If the Board wants to conduct the DR voting before new software is installed, that would seemingly dic tate hand counting of paper ballots, with electronic voting as an option if the Board follows the lead of Horn and insists that the e-vote option be used.

Merging of e-votes with paper votes would be a challenge but ap parently not insurmountable, as it was done this past summer without any reported glitches.

Piatti said the committee intends to find new software before next summer that won’t produce inac curate results that were generated by the scanner-assisted count of pa per ballots conducted by the former Elections Committee in early Au gust.

A hand recount of paper ballots in late September produced candidate vote totals substantially divergent from the August totals, although the three winning candidates in the September count were the same as

in the August count. The final hand recount results had only 15 votes separating the third and fourth place finishers.

But even those hand recount votes can’t be confirmed because some owners of multiple properties who submitted a paper ballot most likely had only one ballot counted, with no additional votes recorded reflecting the number of properties owned.

Piatti said options for both the DR voting and next summer’s Board election are still being explored.

Tom Gulyas of Ace Printing and Mailing of Berlin, the vendor that has been printing election materials for the OPA for decades, has said he could handle all aspects of counting ballots right up to the final counting stage, which under OPA governing documents has to be witnessed by the Elections Committee.

There are other companies out there that could provide a similar service, Piatti said.

“It’s expensive,” he said of relying on outside vendors.

During its initial deliberations, the committee decided that it would not conduct an audit or new recount of the ballots, well aware that a re count would not be able to quanti fy the disenfranchisement that oc curred with an unknown number of owners of multiple properties.

That’s because ballots during the initial count were separated from the outer envelope, which contained a code that identified the numbers of lots owned by the property owners. Once separated, those ballots were indistinguishable from ballots cast by those who only own one Ocean Pines property.

Electronic votes, in contrast, were weighted to reflect the number of lots owned.

Piatti said that there can be no way to determine how many paper ballots were undercounted.

Nor can be there any accurate way to determine how many lots were not counted, he said, despite a suggestion by Joe Reynolds of oceanpinesforum.com that there is a way to do so.

Tree decorating

“OPA has all the returned enve lopes. It is a relatively simple mat ter to check the code number on the return envelope with the original database list of owners used for printing the return envelopes and associated instruction sheet, and de termine how many lots each return envelope represented,” Reynolds said in a recent commentary.

Ocean Pines has a Christmas Tree display every year. Individuals, clubs and organizations purchase a tree to decorate in time for the Lighting Ceremony on the Saturday after Thanksgiving. The student club known as K-Kids from Showell Elementary School, their parents and teacher Advisor Evy Collins and the Kiwanis Club of Greater Ocean Pines-Ocean City met on Nov. 23 to decorate their two adjacent trees, together. Pictured are K-Kids, sun shining on them and their work, after they decorated their tree and helped the Kiwanis Club finish their tree. Most of the ornaments were made by the K-Kids, including those on the Kiwanis Club tree.

Viola asks for extra month to review OPVFD fundraising feasibility proposals

By ROTA L. KNOTT Contributing Writer

Awork group tasked with re viewing responses to a re quest for proposals for a fundraising feasibility study of the new Southside Firehouse needs an other month to evaluate the propos als before making a recommenda tion. The work group was originally scheduled to report to the Board of Directors at its Nov. 19 meeting.

Instead, at that meeting General Manager John Viola told the Board “we have gotten some really inter esting information” and the work group “just needs a little more time.”

The Ocean Pines Association is sued the RFP in September seeking a consultant to conduct a feasibil ity study of its ability to conduct a capital campaign to help fund construction of a new $8.6 million South Fire Station. The work group of OPA staff, Ocean Pines Volunteer Fire Department representatives, and community members developed the RFP and is now evaluating the responses. The RFP was sent by the OPA to seven firms and individuals with proposals from consultants ac

Electronic voting

From Page 26

“The difference between the num ber of return envelopes and how many lots those returns represent ed allows calculation of how many lots were not counted. The Election Committee should have the mailing contractor do the necessary work to determine how many lots were not counted in the election. Hopefully, it was only a few,” Reynolds wrote.

But Piatti said that calculation might not yield useful information because some voters this summer only chose to vote for only one can didate.

In any event, he seemed to indi cate an unwillingness to conduct the deeper dive that Reynolds was ad vocating.

“We know what went wrong this summer,” he said. “Defective scanner software, and the failure to properly count paper ballots sent in by own ers of multiple properties.”

He expressed confidence that both would be fixed before next sum mer’s election. “We need to restore members’ confidence in the integrity of our elections,” he said.

cepted through Oct. 31.

The selected consultant will con duct the feasibility study to under stand the association’s potential for a fundraising campaign and to gauge the level of support for the project in the community. The OPA is seeking a consultant who is expe rienced with planning and conduct ing a fundraising feasibility study and is familiar with the HOA/Com

munity Funding environment. The study will assess the current fund ing situation for the new South Fire Station and potential fundraising capacity for a campaign. It will also make recommendations on a strat egy to maximize the fundraising ef forts.

Viola said the team needs more time to evaluate the proposals, which include a project budget,

timeline, and action items. He asked the Board for another 30 days with the work group to finalize its recom mendation, but added that it real ly only needs a few more days. The work group will present a recom mendation for contract award to the Board at its Dec. 17 meeting.

The OPA anticipates the feasi bility study will take two to three months to complete. The selected consultant will provide a findings summary, a list of key donor pros pects and their potential interest, including their giving range, key ar u

Blessings and Joy to Everyone this Holiday Season and in the New Year Marlene

Marlene Ott, Associate Broker, CRS, LTG

OPA issues guidance that ‘Justice for Gavin’ signs would violate OPA regs

By TOM STAUSS Publisher

There’s a reason why “Justice for Gavin” signage has not proliferated in the yards throughout Ocean Pines. Some still are seen from time to time, but it’s nothing like the proliferation of “Justice for Gavin” signage visible on marquees in the greater Ocean City.

The Department of Compliance, Permits and Inspections recently issued guidance that such signs wouldn’t fall under the various categories of signage allowed in Ocean Pines.

Election signs and some real estate signs are among those that are allowed, under tight size restrictions.

Section 600.4, Unauthorized signs and flags of Architectural Review Committee guidelines, Sec tion A, says that “any sign or flag not adhering to the requirements of this section may be removed by an authorized agent of the Association.”

Should any unauthorized “Justice for Gavin” show up on a privately owned residential lot in Ocean Pines, the rules say that the “CPI Depart ment will attempt to contact the owner of the sign or flag [after removal]. Owners may recover signs and flags from the CPI Department. Signs not recovered within 15 days will be destroyed,” according to the published guidance.

However a recent discussion on oceanpinesfo rum.com suggests that it might not be that sim ple, that authority to enter onto a private owned property to remove an unauthorized sign might

Fundraising proposals

From Page 32

eas of the case for support that resonate or hinder donor supports, and present the findings to the Board and key staff.

Based on the results of the feasibility study, the Board will determine whether to proceed with conducting a capital campaign to help fund construction of the new Southside Firehouse. If it opts to move forward with that effort, the OPA will issue an RFP for a consultant to lead the fund-raising efforts based on the findings of the feasibility study.

The OPVFD has about $1 million in savings available for the new Southside firehouse project, and was awarded $1.6 million in state grants. It has two years from the date of the grant award to “activate” the grants by beginning to use the funds and then has another seven years to ful ly expend the funds. That is currently all of the funding designated for the project.

be subject to challenge.

Former By-laws and Resolutions member and chair Jim Trummel when asked by site ad ministrator Joe Reynolds to offer his opinion on authority of the OPA to enter onto a private to remove an unauthorized sign hedged by limiting his “comments to some history on the issue.

“I believe the starting point should be whether there is a governing document provision, particu larly a DR [Declaration of Retrictions] provision, that authorizes entry onto a lot. I’ll leave the re search to those interested in the issue,” Trummel said.

His somewhat evasive answer suggests that there may not be such a provision precisely on point.

Trummel went on to say that the original Board M-01 Resolution (compliance procedures), dated December 16, 2009, gave the general man

ager authority to have CPI inspectors enter lots without the member’s permission to conduct in spections. However, this was stated to be done on “rare and limited occasions.”

No governing document authority was cited in the resolution, Trummel said.

There was an extended discussion of violations status and procedures at the May 24, 2014, Board meeting, according to Trummel.

“The minutes indicate that the then Associa tion counsel was asked ‘how far we can go to in vestigate; can we go onto the property, look under car covers?” Trummell said, adding that the dis cussion involved junk and unregistered vehicles.

He said that “counsel said an OPA CPI officer may go on property to investigate as long as noth ing/no one is disturbed.”

There was no reference to a governing docu ment authority, Trummel added.

M-01 was completely revised May 2, 2020, and is the current version in effect.

The prior 2009 provision regarding the GM’s authority to have property entered for inspection purposes was deleted, according to Trummel.

Whether that was by design or an oversight, he didn’t offer an opinion.

Although the current version of M-01 does not bear a legal review signature, Association coun sel significantly participated in the drafting and review of the approved resolution, according to Trummel.

Kiwanis receives award

16.

the award) and Diane Denk.

Annually, the Salvation Army collects funds from the public via its “Red Kettle Campaign” during the holidays in support of those in need. Annually members of the Kiwanis Club of Greater Ocean Pines - Ocean City volunteer to ring the bell at the Walmart on Rt.50 in Berlin. Annually the club is recognized with an award for the hours spent manning the kettle. The the club received the second place award for a Civic Group at a kick-off event Nov.

Pictured are three Kiwanis Club members who attended the function, Diane Sparzak, Tom Southwell (holding

Trummel, Clarke hint that there may not be any authority for CPI personnel to enter onto a privately owned property to remove an unauthorized sign

Sign rules

From Page 28

Former OPA Director Marty Clarke in a re sponse to Trummel seemed also to suggest that the OPA might be on thin ice if it sends a CPI inspector onto residential property to remove a “Justice for Gavin” sign.

“As I do, going back 20 years or so, this issue

was debated at great lengths. As I remember the only authority found in our DRs was at Section 14 “Right to perform certain maintenance.”

At that time, Clarke said the counsel for the construction company he headed up “argued that the ECC/CPI didn’t have the -- I think they called it ‘license authority’ assumed for county water and sewer officials or gas or electric company rep resentatives that that allowed such access.

“Our counsel believed that a CPI employee who entered on to a privately owned property in Ocean Pines without owner’s permission was trespassing,” Clarke said.

If that’s arguable today, that could be a prob lem for the OPA should some members decide to legally challenge the entry of an CPI inspector onto to private property to remove a “Justice for Gavin” sign.

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Viola spotlights North Gate improvements

Progress in filling open positions reported

By ROTA L. KNOTT Contributing Writer

Construction of a new raised garden box where an old guard shack was removed from the North Gate bridge is nearing com pletion and plantings in the box will be main tained by the Ocean Pines Garden Club.

In remarks during the Nov. 19 monthly Board of Directors meeting, General Manager John Viola said Public Works staff has been working with club members on the project, which is one of many under way to dress up one of the main entrances to Ocean Pines.

“I was tasked to do whatever I can on there. I think we’ve done some good stuff,” Viola said of the North gate bridge. The effort started with power washing and removed debris and pro gressed in recent months to replacing outdated lights.

The raised garden box is being built for less than $5,000 and will be finished in late Novem ber or early December. The Garden Club will add seasonal landscaping to the box to dress up the bridge.

Viola said the OPA is still waiting for outside wall trim for the bridge. He said he has received some emails from residents concerned about the appearance of the bridge where the new lights were installed. He said adding the outside wall trim will provide a more finished appearance to the bridge. “That will all be taken care of with the outside wall trim finish.”

The work is estimated to cost $10,000 to $15,000 and will be completed in the spring. Also scheduled for spring installation is a sec ond North Side pond fountain at a cost of about $8,000.

Open positions

The OPA has been working hard to fill vacant positions and has hired two police recruits and a few lifeguards for the pools. “This has been a top priority for the team,” Viola said. ““We have made some progress.” Still, he said, the situation isn’t unique to Ocean Pines.

The two recruits for the Ocean Pines Police Department will enter the Eastern Shore Crim inal Justice Academy in January, but it will be awhile before they are on duty in the community. They will fill two existing openings at the OPPD in June when they become certified police officers. Two additional police positions remain open.

Viola said he has worked with Police Chief Leo Ehrisman to ensure that salaries for officers are comparable to those of other law enforcement agencies in the area and to develop a take-home car program.

The OPA also recently hired two lifeguards and two swim instructors. Viola said they are also reaching out to local swim teams and swim clubs to recruit lifeguards.

He said the OPA will hire and train lifeguards starting at age 15.

Construction of an elevated garden box on the North Gate bridge, where a guardhouse once stood, is the latest improvement on the iconic structure.

GM report

From Page 31

“This is a big one,” he said, adding there is a shortage of lifeguards nationwide “I hope it turns around over the next year.”

Public Works is also “making progress on hir ing” and has interviewed several applicants for three full-time positions and one part-time open position.

$500,000 in projects in the last year, Viola said. “The Board has approved a lot of drainage over the last several years,” he said.

He said crews are now replacing some of the secondary drainage pipes in the community that haven’t been addressed in 30 or 40 years. Work was completed on Water’s Edge in September and on Clubhouse Drive in October for $8,850 each. A pipe replacement project will get underway on Birdnest Drive in the late fall or early winter at a cost of $15,000. Projects on Pinehurst and Sandy hook Road were also completed, both at a cost of $12,236. A pipe replacement on Beaconhill is also under way at a cost of $13,676.

Racquet Sports

Heating, ventilation, and air conditioning at the racquet sports building and flagpole installa tion are the latest improvements at the Manklin Meadows complex.

really looks nice,” Viola said. He added that rac quet sports memberships are up as a result of the improvements.

Strategic Plan

Property owner input has generally been posi tive on a series of surveys designed to garner in put for the OPA’s strategic planning process on the golf, racquet sports, recreation and parks and aquatics programs. “Overall customer service satisfaction levels have been strong,” Viola said.

The survey results show golf received a pos itive score of 4.03 out of 5, racquet sports 3.25 out of 5, recreation and parks 3.99 out of 5, and aquatics 3.76 out of 5. Viola said there is “a lot of good input there” that will be used in the associa tion’s future budget processes. “I definitely think it was a productive exercise.”

Road paving

Approximately three miles of roads in Ocean Pines will be resurfaced as part of the OPA’s an nual roads rehabilitation program. Viola said the association is on track with its program for main taining the approximately 84 miles of road in the community, with about three miles being resur faced every year.

This year Barnacle Court, Beach Court, Bird nest Drive, Fosse Grange, Garrett Drive, Ivan hoe Court, Liberty Bell Court, Little John Court, Moonshell Drive, Rabbit Run Lane, Surfers Way, Watergreen Lane and Willow Way are scheduled for repaving. The work was scheduled to begin in late November and was to be complete in early December weather permitting.

“We have a program. It’s all part of the strate gic plan,” Viola said adding that all of the roads are graded and the annual program addresses those determined to be in the worst condition.

Viola said the project budget of $363,122.90 is “a a little more than it has in the past.”

Additionally, a contractor is currently repaint ing arrows, crosswalks, and stop bars on Ocean Pines roadway at a cost of less than $5,000. That work will wrap up in November or early Decem ber, he said.

Viola said installation of the flagpole with lights was completed in September for $2,500. The HVAC work to improve member comfort during the extremes of summer and winter tem peratures cost $6,500 and was done in November.

The building was originally a three-season struc ture but with the addition of pickleball and court expansion the complex is not used year round.

“Across the board down there we’ve done ren ovations. Just go down there and check it out. It

The full results of each survey of about 10 questions is being summarized and submitted to Viola and OPA department heads as well as the appropriate advisory committee chairs.

The surveys were posted for about three weeks and were communicated on the OPA’s website, social media, e-blast, press releases and through posted signs at each amenity with QR codes.

A recently released survey about communica tions in Ocean Pines received about 100 respons es in the first four days. Overall satisfaction with OPA communications is currently 3.97 out of 5.

Drainage

The OPA is continuing its drainage improve ment program as well, having completed about

A new flagpole with light ing recently installed at the Racquet Sports Com plex in South Ocean Pines.

Recently completed turn markings at key intrsections.

Concrete work on Beaconhill Road.

Jacobs initiates discussion over new vote signage

Committee proposes contest for new design

vote signs once design is selected, along with a nominal prize amount for the contest winner.

By ROTA L. KNOTT Contributing Writer

Students at local schools may be invited to design new “vote” signs for the Ocean Pines Association. Based on the recommendation of the Communications Advisory Committee, OPA staff is investigating the possibility of creat ing new signs to make residents aware that it is time to vote and to encourage them to participate in the election process.

Director Steve Jacobs presented the matter for consideration by the Board of Directors during its Nov. 19 monthly meeting. He said the committee wants to spend a small amount of money to cre ate new “vote” signs and have them available pri or to the next election.

Jacobs said the OPA’s existing vote signs have been used at least twice.

“Prior signs for Board elections and Annual Meeting have been reused once so it’s time for a new design and new signs strictly to communi cate to vote.” he said.

He said they were originally designed to dis

play specific election dates and the signs have been updated and modified with new dates. “So they’re sorta past their life use,” he said.

The Communications Advisory Committee has recommended creating generic vote signs that do not include a date so they don’t have to be updat ed after every election. Jacobs said the committee also sees the need for more signs and wants the OPA to purchase 30 of the signs.

In an effort to engage the community in the project, the committee has suggested having a contest for design of the new signs. To do so, the committee wants to involve the schools and have students participate in the contest, Jacobs said.

“Communications Committee believes opening up a contest for a new design will stimulate com munication and interest,” he said.

While not offering a motion for approval of any specific action, Jacobs brought the topic for dis cussion and asked the Board to authorize staff time to assist with a contest to design a new vote sign to be used in future elections. He also asked for authorization of an expenditure for 30 new

OPA President Doug Parks asked for clarifica tion that the proposal is to solicit designs for the new signs as a “communi ty involvement activity.”

Jacobs conformed that is the committee’s sug gestion. He said there will be minimal expen diture of staff time and money to manage the contest and make the new signs once a design is selected. He said the signs are an “additional mechanism for communicating information and generating interest in participa tion in elections or other matters needing votes.”

At Parks’ suggestion, the Board referred the matter to General Manager John Viola who will work with the committee to develop a plan to move the project forward. The board also charged the committee with developing a cost estimate for the new signs, including any prize for the winner of the design contest.

Communications Advisory Committee mem bers volunteer each year to place the signs during election season and to retrieve the signs after the election.

Steve Jacobs

Board to support Coalition’s

Rt. 90 improvement proposals

OPA endorses Ocean Pines to Ocean City pedestrian and bicycle access

By ROTA L. KNOTT Continuing Writer

Anticipating that the project will be a larger effort to create pedestrian and bicycle ac cess from Ocean Pines to Ocean City, the Board of Directors is sending a letter of endorse ment for the widening of Route 90 to the State Highway Administration.

Directors voted unanimously during their Nov. 19 monthly meeting to submit the letter as part of a state comment period on SHA’s study of trans portation needs and alternatives for widening the Route 90 corridor.

“I think it’s important that we as the Ocean Pines Association reach out to all the folks that are involved in that project,” OPA President Doug Parks said, including state and Worcester County agencies.

He added it is important to make sure they understand the association is interested in the project and wants to be involved in the planning project.

Director Colette Horn said she fully supports sending the letter.

“I’d like us to really take to heart the power that we have as a community to promote biking and pedestrian safety,” she said, including con necting Ocean Pines to other communities,” she said.

During the meeting, Patti Stevens, an Ocean Pines resident and chair of the Worcester Coun ty Bike and Pedestrian Coalition, presented a request for the Board to weigh in on the state’s proposed Route 90 project by Nov. 30, when the comment period closes.

She said it was important to let the state know Ocean Pines is interested in participating in the planning project and will have a process in place to work with that state team.

Stevens also suggested creating an Ocean Pines work group that will focus on pedestrian and bicycle access and safety, as well as other transportation needs.

She said there should be someone at the staff level that manages that effort and works with the state and county to ensure consistency.

Stevens said the coalition is focused on cre ating safe places to walk and bike and in Ocean Pines that includes the potential expansion of the Route 90 bridge.

“We’re trying to think about big picture con nections that will really enhance walkability and bikeability in our community.

Currently Worcester County has “fewer miles of separated trail than any other county in the state. And that’s because it hasn’t been a priority here,” she said.

Ocean Pines ranks low on walk and bikeability scales and is ranked as car dependent because of the lack of separated access paths for pedestrians

and bicyclists. Almost all errands require a car, Stevens said. “Those are the things I think we could work on and do better.”

The feedback of Ocean Pines residents on community surveys also indicates a desire for improvements to pedestrian and bicycle access. Stevens said the community’s trails are not well maintained, crossings are not marked for safety, and the marked shoulder on Ocean Parkway is

often obstructed by vehicles and utility poles.

There will be positive impacts of making the community safer to walk and bike, she said. “Communities that have invested in safer walk ing and biking and made connections have seen tremendous economic impact.”

She cited an example of the Great Alleghany Passage 150-mile trail from Pittsburg to Cumber land, Md.

She said may small towns along the route that were struggling have seen growth in business, employment, and visitors as a result of the trail. Studies show the GAP has an $800,000 per mile impact per year because of trail connections.

There are also health and environmental bene fits to create safe pedestrian and bicycle accesses, Stevens said.

According to a recent presentation by Patti Stevens of the Worcester County Bike and Pedestrian Coalition, car-dependent Ocean Pines has room for improvement in walkability and livability.

She said it helps to reduce levels of obesity, high blood pressure, dia betes, and improve mental health result from regular moderate activ ity.

“We want a community that’s safe and healthy for people whether they’re eight or 80 to be able to get around,” she said.

Doing so also reduces traffic con gestion, preserves open space, and creates greenspace, she said.

“For all those reasons that oth er communities are doing this, we should think about this,” she said. “And Eastern shore communities around us are developing these trails”

Federal and state law requires that any time a state rehabilitates or replaces a highway bridge deck, they must include biking and walk ing access.

So Stevens said now is the time to ensure the OPA is involved in the planning for the Route 90 corridor improvements.

“There’s federal money to do this, both on the planning side and on the construction side, and other places are getting it,” Stevens said.

Last month, $18.4 million was distributed to 23 states for projects to address pedestrian and bicycle access.

Maryland state highway con struction guidelines require all new ly constructed and reconstructed bridges should accommodate bike and pedestrian where it’s appropri ate and feasible to do and it is the SHA policy to provide sidewalks and shoulders on both sides of bridges where bikes and pedestrian are al lowed.

“The kicker there is if you can al

ready show that people can bike and walk on each side of your bridge,” Stevens said.

That means Ocean Pines resi dents would have to safely be able to the bridge from the North Gate, from the South Gate, from places beyond Ocean Pines on both sides of Route 90.

“We have work to do here to make it possible if indeed they do go for ward with this,” Stevens said.

That work includes interior trail improvements and linkages that will benefit residents regardless of whether the state creates a bike and pedestrian passage on the Route 90 bridge.

Stevens said there is an existing partial trail on a utility easement that runs parallel to Route 90.

She cited that as an example of a designated space for pedestrians and bicyclists that could be used to connect to a separated path on the bridge.

“It’s a designated space and ac cess that would get us about twothirds of the way and could be ex tended further,” she said. “That’s a great start and could be part of the conversations with SHA.”

There other existing trail sections that could also be connected to ex tend from the South to North gates.

Stevens encouraged the Board to support a four-lane Route 90 expan sion option with a separated pedes trian and bike pathway.

She also encouraged the Board to form an ongoing work group to focus on pedestrian and bicycle in Ocean Pines and to provide input on the Route 90 corridor project, and that the OPA budget for staff and/or con sulting assistance to develop a plan to make Ocean Pines a more walk able, bikeable, and liveable commu nity.

ID requirements instituted at November Board meeting

While showing identification at annual meetings of the Ocean Pines Association is routine, regular monthly and special meetings of the Board of Directors have never had that re quirement.

Until the Nov. 19 meeting that is, when attendees were asked to show their IDs at the door to the Golf Clubhouse meeting room by an Ocean Pines police officer.

OPA member Dutch Oostveen was one of the attendees who found the ID request odd, and during the Public Comments segment of the meeting he asked why it was imposed.

General Manager John Viola volunteered to meet with Oostveen af terr the meeting to provide details.

The Progress has learned that the ID requirement was imposed out of a concern that the meeting might be packed by non-members, who have been vocal on social meeting in favor of naming the skatepark in Ocean Pines after Gavin Knupp and calling for a boycott of OPAowned restaurant venues managed by the Matt Ortt Companies.

The idea was to ensure that only OPA members would attempt to attend a meeting with limited seating, and only OPA members would comment on issues of interest to the Board.

As it turned out, there were 13 OPA members who spoke during Public Comments, with not all of them addressing the skatepark nam ing issue.

There were no calls by any of the 13 to boycott MOC-operated ven ues or for the the OPA to sever its management contract with MOC.

OPA President Doug Parks led off the meeting with a statement that the Board was not considering any change in its relationship with MOC.

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Peck pushing the OPVFD to apply for grant to help fund proposed personnel increases

By TOM STAUSS Publisher

Former Ocean Pines Association Director

Amy Peck is encouraging the OPA, the Ocean Pines Volunteer Fire Department, the work group set up to develop plans for a new Southside firehouse, and the Budget and Finance Advisory Committee to apply for a SAFER grant to help pay for two paramedics in the proposed OPVFD budget for 2022-23.

So far, she’s not happy with the OPVFD re sponse.

The response she received from OPA General Manager John Viola said the issue will be ad dressed, with no additional details provided.

In an email to the Progress, she said that “Lord knows I’m not popular with the OPVFD people because I ask so many questions ... If Pittsville received such a large sum in 2021 and Showell received money in 2020 and 2021, and Ocean City applied [in] 2022, why aren’t we trying? It sure would help the budget.”

Peck said the response from the OPVFD through OPA Public Relations and Marketing Di rector Josh Davis indicated that “a SAFER Grant for manpower is a short-term grant that covers manpower for three years, after which time the jurisdiction must pick up full funding. As OPA is on an annual budget cycle, OPA cannot commit to funding SAFER Grant positions when funding

expires after three years. Therefore, OPVFD has not applied for such a grant.”

Peck’s response to that is that three years of funding is better than none.

She noted that the response came from the OPA rather than the OPVFD.

“Of course, I do not possess expertise in grant writing or running a fire department; however, I do not understand why OPVFD has not and should not apply for this grant. Some prelim inary information regarding this grant can be found easily,” she said in a recent email to OPA directors.

She noted that last year OPA homeowners contributed an additional $32 dollars to fund two new EMS positions. and the OPVFD is request ing another two positions for the 2023-24 budget cycle.

“There was discussion [at the October Budget and Finance committee meeting] regarding the fire department going to an all-career force with in five to ten years. Leadership made the argu ment that the timing is closer to five years,” she said.

Acknowledging that the OPVFD is on an annu al budget cycle, she said that doesn’t preclude the department from applying for the SAFER grant according to the research she has conducted.

“The fire department does not believe that in three years they will have more volunteers and

not need these funded positions; yet it appears their reasoning for not applying is that after three years they will have to fund these positions,” she added.

“For the sake of community safety wouldn’t they still need these positions after three years? Why not take the money for three years and pre pare to fund these positions in the future with increased revenue/fundraising? Other local fire departments, including Ocean City have applied for the SAFER Grant.,” she wrote.

She noted that in 2021, 51 fire departments in the state received funding from the SAFER Grant.

‘Many of these are local fire departments, in cluding a $210,952 grant to Pittsville Volunteer, over $79,000 to Showell (2020 and 2021) and grants to Queenstown, Annapolis, Salisbury, Kent Island St. Michaels, Chestertown, Ches apeake City, Kensington and Tilghman. Award data goes back to 2017 with some departments receiving money multiple years,” she said.

She is requesting that the Board and OPA management direct OPVFD to apply for this grant.

That may be a problem, because the OPVFD is an independent organization that can be influ enced by the OPA but is not subject to mandates.

“I believe this certainly can be a task the work group Mr. Viola formed can assist with. We have many experienced grant writers in the commu nity that could be called on to assist as well,” she added.

She said the OPVFD’s response to her “is not satisfactory in my non-expert status as a home owner. Safety is paramount to our community. I want to see the OPVFD receive the monies need ed to continue their quick response time that keeps us all safe.”

Voters nix sports arena bond issue

Project may be on chopping block with arrival of new commissioners

By ROTA L. KNOTT Contributing Writer

With more than half of Worcester County voters saying no to a bond issue and two new Worcester County Commissioners replacing proponents of the project, a new sports complex pro posed in Berlin may be on the chopping block.

In the Nov. 6 General Election, 52 percent of voters cast their ballot not to allow Worcester County to issue bonds to pay for the construction of a new sports complex on land near Stephen Decatur High School. Votes totaled 11,208 against allowing the commissioner to issue bonds and 10,482 in favor.

The question was placed on the ballot after the local group, the Peo ple for Fiscal Responsibility Committee, submitted a petition calling for a referendum on the matter. It asked voters to determine whether the commissioners may finance a portion of the costs of designing and con structing a Worcester County Sports Complex by issuing a bond.

Despite opposition from three commissioners, including Ocean Pines’ representatives Chip Bertino and Jim Bunting, in the spring a majority of the commissioners voted to move forward with issuing bonds to pay $11 million for the purchase of land sports complex project. That bond is suance was halted after the People for Fiscal Responsibility Committee gathered a sufficient number of signatures to force a vote on the issue in

the general election.

In September a majority of commissioners voted to extend their $7.1 million contract for the purchase of land to Jan. 31, 2023, to give the county time to figure out how to pay for it without issuing a bond.

With two newly elected members set to take their seats as Commis sioners in January, there may soon be a diminished enthusiasm for pushing forward with the project. While it has been pushed forward by a ruling majority of Ocean City Commissioner Joe Mitrecic, West Ocean City Commissioner Bud Church, Pocomoke Commissioner Josh Nord strom and Berlin Commissioner Diana Purnell, Church and Nordstrom will soon be off the Board. Church is retiring and Nordstrom was ousted by voters in District 1.

Newcomer Eric Fiori captured the District 3 seat being vacated by an other advocate for the sports complex and Caryn Abbott beat Nordstrom for the District 1 seat. In their campaign materials, both of the new com missioners expressed opposition to the proposed sports complex project.

Ocean Pines area Commissioners Chip Bertino, District 5, and Jim Bunting, District 6, along with District 4 Commissioner Ted Elder, have maintained their adamant opposition to the project.

The trio has been on the losing side of numerous votes related to the sports complex that were pushed through by the Mitrecic-led majority during the last year.

Viola projects April 2023 reserve balance

Will be higher than last April’s by about $600,000

By TOM STAUSS Publisher

The Ocean Pines Association’s reserve balance is expected to be in better shape at the end of the 2022-23 fiscal year than it was at the beginning of the year, General Manager John Viola reported in re marks during the Nov. 19 monthly Board of Directors meeting.

He presented an “unaudited es timate” that indicated reserve bal ance for April 30 of 2023, the end of the fiscal year, in the amount of $6,746,000.

That compares to a beginning re serve balance of $6,147,000 on April 30 of this year. That’s a slightly less than $600,000 increase.

Essentially that means that the OPA will be disbursing from the re serves less than what it has collect ed from various revenues sources this past year.

Had there not been more than $500,000 in expenditures related to repairs of Yacht Club fuel pumps, the reserves would be in an even healthier condition.

At the end of October, the OPA’s reserve balance stood at $8.81 mil lion, suggesting that about $2 mil lion in outlays from reserves are expected during the rest of the year.

RESERVE SUMMARY PERIOD ENDING 10/31/2022 UNAUDITED

OPA earns a $77,000 surplus in October

By TOM STAUSS Publisher

The Ocean Pines Association earned a $76,837 operating fund surplus by department in October, bringing the cumulative surplus for the first half of the 202223 fiscal year to $823,515

According to a financial report by Controller/Director of Finance Steve Phillips, the October positive vari ance to budget resulted from reve nues over budget by $71,436 and ex penses over budget by $18,285.

The positive operating fund sur plus for the year through October resulted from revenues over budget by $851,452 and total expenses over budget by $27,937.

For the month, amenity depart ments pickleball, golf, the Club house Grille, beach parking and the Yacht Club were in the black.

All amenity departments except for golf and the Yacht out-performed their budgets for the month, and the golf deficit was only $166.

Through the first half of the fiscal year, all amenity departments are in the black and all departments are ahead of budget.

Golf operations was the top net producer for the month, with a $40,209 operating surplus, followed by the Yacht Club’s net of $14,457.

For the fiscal year through Oc tober, golf is the leading net pro ducer, with an operating surplus of $559,963, followed by the Yacht Club’s $478,161. Next is beach parking at $465,246, Aquatics at $282,450, and marinas at $260,549.

Relative to budget, golf leads with a $182,624 positive variance. Aquat ics is close behind with a $126,498 positive variance.

Reserve summary -- The Oct. 31 reserve summary indicates total reserves of $8.814 million, a slight drop from the September balance of $8.819 million.

The replacement reserve balance as of Oct. 31 was $6.02 million, with bulkheads and waterways at $1.349 million, roads at $1,057,294, drain age at $255,355, and new capital at $129,730.

During a financial report deliv ered during the Nov. 19 Board of Di rectors meeting, General Manager John Viola said the results reflect a more modest pattern of monthly operating fund surpluses.

COMMENTARY

A missed opportunity for compromise

There’s virtue in naming the skatepark and creating a youth award in Gavin’s memory

It’s hard to say precisely what prompted Tiffa ny Knupp to pull back from what Ocean Pines Association directors Doug Parks and Colette Horn thought was an agreed upon compromise to name a new OPA annual award after her son, Gavin, tragically killed in a hit-and-run accident this past July.

A meeting between the three occurred Nov. 11, with both Parks and Horn believing that Tif fany Knupp had agreed to the alternative to naming the Ocean Pines skatepark after Gavin. The alternative was necessitated by the fact that as many as six members of the OPA Board of Di rectors reportedly were not in favor of that idea, at least not now, as advocated on social media by Tiffany Knupp and her many supporters.

The annual award idea was a good one, and its subsequent rejection is a missed opportunity to bring some healing to the community affect ed by Gavin’s death. It would keep Gavin’s name and memory alive in a way that a plaque mount ed on the skateboard bowl might not.

An annual award would be bestowed on a deserving Ocean Pines resident in a ceremony at the OPA’s annual meeting, or perhaps in anoth er venue. It would be similar to the volunteer of the year award bestowed annually in the name of the late Sam Wilkinson, an Ocean Pines teen ager who died decades ago in a tragic boating accident.

His name is mentioned every year at the an nual meeting, appears on meeting agendas and minutes, and in newspaper reports. While it is true that details of his life and tragic demise are not generally known these many decades later, his name survives, co-mingled with those whose good deeds are being recognized by the OPA.

The same would be true for Gavin if his mom had only accepted the alternative offered by the Board.

Accepting the alternative would not preclude a future Board from naming the skatepark after Gavin. It need not be one or the other. That’s a false choice.

But if the Board and the OPA continue to be insulted and pressured by Tiffany and her sup porters on social media, then the inevitable con sequence will be that the OPA will do nothing to commemorate Gavin.

That would be very sad.

For instance, should the foundation set up by Tiffany Knupp reach an agreement with the OPA over improvements to the skateboard park, an OPA amenity she describes as an eyesore, and should the foundation make a substantial contri bution to implement those improvements, upon completion a naming of the park after Gavin would be appropriate and non-controversial.

Unfortunately, there is no such agreement in place, and it doesn’t appear one is remotely

plausible at present.

Discussions are not under way, and it doesn’t appear any are imminent.

Insults hurled at seven individuals elected by the OPA membership to represent them and their interests are likely to harden attitudes, making a good outcome unlikely.

As for an annual Gavin Knupp award, the OPA Board is treating it as an option that could still be discussed despite Tiffany’s caustic rejection of it on her Facebook page. She suggested that the directors could shove the idea into an anatomi cal orifice where the sun doesn’t shine, although she used the more familiar and crude language that made it very clear that the idea has no trac tion with her and those who are advising her.

She also suggested that the directors had re ceived certain “gifts” from the Matt Ortt Com panies, hired by the OPA to manage OPA’s three restaurant and bar operations. The “gifts” were not defined, but corruption was clearly implied.

Again, these are allegations that do nothing to honor and remember Gavin Knupp.

Would Gavin approve of his mom’s rejection of this compromise?

We can’t know that, of course; nor can we know if he’s following the battles being waged in his name over naming the skatepark and on the Justice for Gavin Facebook page.

But the question can be asked: What would Gavin think and say about any of this if he was able? Might he say: “Hey mom, let’s take the win! And enough already with the insults and the pressure tactics.”

Let those who knew and loved him reflect on that, and perhaps in time they will come to ac cept this compromise offer as a reasonable one. A forgiving and understanding Board of Direc tors might be willing to consider a way back from the abyss. Forgiveness can be a powerful antidote to the negativity of recent weeks.

Here’s a statement from Tiffany’s post that of fers the barest of hints that she might still find a way to accept the compromise.

“I did not leave there [the meeting with Parks and Horn] saying it’s OK,” she said. “I said it’s a great idea and if this is all I can get, then that’s that.”

If indeed this is what she said during the meet ing, then it’s completely understandable why Parks and Horn left the meeting thinking there was an agreement. As the meeting was wrap ping up, Tiffany hugged Horn and shook Parks’s hand, gestures that suggest mutual good will and consensus on the way forward.

If only that were true.

An OPA press release was issued asserting that Tiffany agreed that a motion to name an award after Gavin would be placed on the Nov. 19 Board of Directors meeting agenda. It appeared on the

initial iteration of the agenda, but was removed at the conclusion of Board discussion because Tiffany made unflattering comments about the proposed compromise and those who made it.

There wasn’t much in her post that could be construed as positive.

Inexplicably, she said that an award given in Gavin’s name was “not honoring” him. She of fered some reasons why, but none seemed par ticularly persuasive.

“It was not a good meeting at all. I was com pletely railroaded. They didn’t care about me. I cried the whole time and they didn’t give a s---.

“We’re doing those things [such as scholar ships in Gavin’s name] already.

“The point is to improve the skatepark be cause it’s an eyesore and to make it more fam ily-friendly. Just make it a better place, but they don’t care. They offered the award to pacify me. By the end of the meeting, they asked me to put up a Facebook post saying I agreed to this, and I said no. They’re trying to shut me up.”

That would be a waste of time and effort, if true, as Tiffany Knupp does not seem to be the sort of person easily silenced.

Parks and Horn were trying to come up with a solution that would resolve a very difficult situ ation, and they were rewarded by rejection, vul garity and an allegation about accepting “gifts” that was borderline defamatory.

The two sides are not even talking to one an other about possible improvements to the skate park, and that, too, is a missed opportunity.

Naming the skatepark after Gavin is plausible in the context of the Knopp foundation making notable and long-lasting improvements, such as those made in recent years at the Ocean Pines golf course, racquet center and Yacht Club ma rina.

The two rooms in the Community Center named following the deaths of Phyllis East, a long-time executive secretary of the OPA, and Anna Foultz, whose Star Charities was a fixture in Ocean Pines spanning decades, honored these two “impactful” individuals whose lasting con tributions to the OPA and Ocean Pines were de serving of commemoration.

The same standard should apply when naming the skatepark.

Not long after Tiffany Knupp’s comments were posted, Parks received an anonymous phone call in which he was a called “a piece of s---” and Horn received a text containing a picture of a pig accompanied by a not-too-subtle threat that she was “next.”

Unacceptable, disgusting even. Our elected leaders should not have to suffer such abuse. Tiffany should disavow these actions by her sup porters. What would Gavin say about such vile ness if he were with us today? -- Tom Stauss

COMMENTARY

Cyber-bullying and harassment needs to stop

Board members come together to resist pressure to sever business relationship with Matt Ortt Companies

The Nov. 19 monthly meeting of the Board of Directors was notable for how well the directors came together to counter the toxic bullying and harrassment on local social media in a failed effort to force the Ocean Pines Association to sever its productive business rela tionship with the Matt Ortt Companies.

Director Doug Parks set the proper tone in his President’s Remarks delivered early in the meet ing. He made it abundantly clear that despite an on-line petition and emails demanding that the OPA terminate the MOC management contract, the Board would not even consider it “at this time.”

That was a qualifier designed to lessen the sting out of a line in the sand: MOC is here to stay, and this Board will not be wasting any en ergy and time to consider alternatives.

Those advocating for the end of the business relationship do so from a deeply flawed opinion that the MOC had some involvement in the trag ic death of Ocean Pines teenager Gavin Knupp this past July. What utter nonesense.

Rather than wait out the protracted legal pro cess and the presumption of innocence before guilt is determined in a court of law, these cy ber-bullies assume guilt by three individuals for merly employed by the MOC and apply guilt by association to the entire organization, and then attempt to harrass those who don’t cave in to their bullying.

Former MOC partner Ralph DeAngelus is un fairly caught up in the maelstrom. He was the individual who tipped off the state police to the presence of a vehicle in his garage that might have been involved in the hit and run accident that killed Gavin.

For this act of courage and honesty, he’s been pilloried in the local media, print, television and social, only one of which (besides the Progress) has even bothered to report that it was NOT crack investigative prowess that led to the sub sequent confiscation of the vehicle of interest.

It was Ralph DeAngelus who came forward, voluntarily, paying a huge price for having done so. He is living in the household with two other individuals of interest, the young driver of the vehicle that might have killed Gavin, and his mom. Contrary to lurid speculation on social me dia, neither DeAngelus, his long-time compan ion nor her son fled the scene to Mexico or tried to avoid the authorities.

Lies and calumny abound, speculation hard ens into perceived fact, and still no charges have been filed against anyone living in the DeAnge lus household.

Also paying a huge price is DeAngelus’ former partner, Matt Ortt, who issued a statement of support for DeAngelus shortly after the accident that was widely slammed on social media. Earli er in November, he issued a sincere apology for

having issued that statement of support, and the apparent hurt it caused to those who knew and loved Gavin Knupp.

He issued his apology at the same that he an nounced the severing of his business relationship with DeAngelus after many years of productive collaboration. That hasn’t been enough to satis fy many of his critics, who assume the partner ship will be reinstated once this horrid situation blows over.

That’s the problem with bullies. Appease them, and they come back for more. They’ll nev er be satisfied.

The best that can be hoped for is that their misguided ardor will soon burn itself out.

The Progress has learned that Matt Ortt’s fam ily has suffered from the fall-out as well, with his teenage son experiencing bullying from school classmates and his wife having to go incognito while shopping or attending football games.

The unfairness boggles the mind.

MOC restaurant venues in West Ocean City and Ocean City have been subject to unhinged “Justice for Gavin” protests, again under the preposterous premise that Matt Ortt personally and the 300-plus employees who work for MOC have even a scintila of responsibility for Gavin’s tragic demise. The cyber-bullying has been epic here, as well, resulting in diminution of MOC’s presence on social media.

Everyone should want Justice for Gavin; but this should not come at the price of injustice to ward Matt Ortt, his family or his company.

To their credit, OPA directors won’t be intim idated by these cyber-bullies, many of whom apparently are not members of the OPA, there by rendering their views irrelevant to any deci sion-making by directors elected by OPA mem bers. Protests won’t be allowed on private OPA-owned property, so harrassment of patrons to MOC-operated venues wouldn’t be easy to or ganize.

“Over the last several months, there have been posts and comments on social media to have the Board remove the Matt Ortt compa ny as the management firm for OPA’s food and beverage operations,” Parks said in his Nov. 19 statement. “Recently there have been a number of emails sent to the directors with the same rec ommendation, along with calls to boycott OPA amenities and veiled threats to the Board if no action is taken.”

Calls for boycotts are unlikely to be ob served by the vast majority of OPA members, as MOC-managed bar and restaurant venues are owned by the OPA membership. Boycotting the Yacht Club or Golf Clubhouse is akin to boycot ting your own business, or as the adage says, cut ting off your nose to spite your face.

Rational people won’t give a boycott of these venues the time of day.

For those irrational people who do, good rid dance to them. Let not their toxic vibes enter into venues where people just want to enjoy.

“OPA has a business contractual relationship with MOC that involves specific obligations by both parties,” Parks continued. “At this time, there is no consideration for changing that rela tionship or the end date of the contract. It is the obligation of the OPA Board of Directors to base any decision to do so on the business interests of the Association.

“Regardless of how some people feel about the matter, major decisions affecting the Asso ciation must include consideration for how the overall community will be affected, rather than a subset of the membership. I understand and re spect everyone’s right to voice their opinions and boycott facilities as they see fit; however, those actions in and of themselves are not the basis for an important financial decision. I respectfully ask that at this time you consider and understand our position on the matter.”

Whether these people are even capable of grasping the Board’s position is doubtful. Parks’ comments were measured and diplomatic, as is befitting of an OPA president. Parks calling these people a “subset” was perhaps the least offen sive term he could have used to describe them.

Here is a sampling of what OPA directors have had to deal with in recent days and weeks.

Colette Horn received a picture of a pig in a message with the words “you’re next” as a cap tion.

Veiled threat or an actual threat? Nothing too veiled about it.

Parks received a crank phone call calling him a “piece of s...” No context, but the messasge was clear: If you don’t agree with us and act on our demands, then this is what you are.

Former Director Josette Wheatley referred to the Board as a criminal enterprise in a recent social media post, prompting the Board to au thorize counsel Jeremy Tucker to draft and send Wheatley a cease and desist letter.

She apparently doesn’t understand the con cept of defamation and demonstrates a lack of class by turning on her former colleagues, there by ratifying the judgment of OPA members in de feating her candidacy in this summer’s election.

She then had the temerity to lecture her for mer colleagues during the Nov. 19 Board meet ing on the necessity of naming the skatepark after Gavin, apparently unaware that she has forfeited any deference to anything she might say about any topic or issue of interest in Ocean Pines.

An irony is that Horn appointed Wheatley to the Board when a vacancy occurred this past year.

Because of the steady ratcheting up of on-line

Cyber-bullying

From

harassment in recent weeks, the OPA has had to adjust its social media presence, shutting down Facebook functionality that allows OPA members (and non-members as well) to comment. Suffice it to say that comments have been highly inappropriate, at times inflamatory. The OPA Website has removed director phone numbers. Member IDs were checked by an Ocean Pines police officer at the Nov. 19 Board meeting to ensure that non-member riffraff were excluded.

This is what the campaign to remove the MOC from Ocean Pines has come to.

Similar toxicity has infected a companion campaign to persuade the OPA Board to name the skatepark after Gavin Knupp.

That subject is addressed in a companion commentary elsewhere in the Opinion section.

Tiffany Knupp, Gavin’s mom, in a recent post told Parks and Horn that they could shove their proposed compromise Gavin Knupp award up their collective asses. This, after a meeing in which she seemed to support the compromise.

Tiffany Knupp deserves to be cut a lot of slack because of the unfathomable pain of losing her 14-year-old son, but she needs to understand she crossed a line with her recent post, making it far less likely any Board of Directors will name the skatepark after her son, anytime soon.

In the real world, deliberately antagonizing and insulting those to whom you are seeking a favor is epically misguided.

During the Nov. 19 meeting, Steve Jacobs, a director who has been supportive of naming the skateboard park after Gavin, said he recognised that an opportunity to begin to heal the community had been missed by her disrespectful dismissal, perhaps permanently.

As noted by Parks, she didn’t even have

Another day in court for Janasek

It appears that the protracted legal saga known as Tom Janasek vs. OPA (and five current or former Board members) is headed for another Court date, this time to determine whether Janasek is entitled to recover any of his legal fees.

It’s rare in state cases, so Janasek has a steep climb to make it happen. Then again, he has Ocean City attorney Bruce Bright in his corner, and if any attorney can make a case for why the OPA should pay for Janasek’s legal expenses, it’s Bright.

The justification for it would be the track record in recent cases of the OPA acting in bad faith, detailed in recent editions of the Progress. Anyone interested in those details can research it in our archives, found at www.issuu. com/oceanpinesprogress.

At this stage in this litigation, it’s almost gotten tiresome to recite the ways the OPA has acted in bad faith in the past year, first in the Rick Farr candidate disqualification case and now in the Janasek amenities suspension case.

Suffice it to say defendants in both these cases did not showers themselves nor the OPA in credit. On the contrary.

Janasek seems to have a dual purposes in

the courtesy to notify the Board that she had changed her mind on the proposed Gavin award. All seven directors rose to the occasion and with eloquence and unity pushed back against all of this negativity during the Nov. 19 meeting.

Directors Rick Farr and Stuart Lakernick both expressed solidarity with Horn, someone with whom they’ve been politically at odds for quite

Power to control government

Now that Question A has been defeated by the voters of Worcester County, it is time to set the record straight.

The People For Fiscal Responsibility, a ballot issue committee, was formed solely to bring the matter of a specific Bond Bill for a Sports Complex to the voters.

From the outset, we made it very clear that we are not opposed to a Sports Complex, per se; but we are opposed to the use of public funds to build it, to operate it and to pay an exorbitant price for the land.

For the County Commissioners to pay nearly $75,000 per acre, when land is readily available throughout the county for $10,000 to $19,000 per acre is ridiculous.

From the beginning, we were repeatedly told that the bond proceeds were to be used for construction of the complex and to purchase the 95

plus acres next to Stephen Decatur High School. It was not until we had met the signature requirement that we then learned that bond funds could not be used to purchase the land.

Later, there was confusion about the language of the bond bill as it appeared on the ballot as Question A. Some insisted that if the Bond Bill was defeated, a Sports Complex could never be built in Worcester County with bond proceeds.

That was never true. Question A pertained to one Bond Bill, and one Bond Bill only. Furthermore, our Committee never had any control over how the language was written on the ballot.

On behalf of the People For Fiscal Responsibility, we want to thank the 71 volunteers who gathered signatures throughout the county. We also want to thank the 5,093 voters

opting to pursue legal fee recovery.

The first motive is economic. To restore rights that never should have been taken away, he had to hire an attorney. Legal services aren’t cheap.

The second purpose is to send a message to the current Board, not that it really needs the reminder, and future Boards that they ought to read the plain text of OPA governing documents before taking out very personal and political vendettas on OPA members.

This vendetta seems to have been based on the premise that Janasek wouldn’t pursue a legal remedy for the improper suspension of his amenity rights because of the cost.

“Bleed him dry,” is the way Farr put it in a recent conversation, and attributed that quote to Frank Daly, one of the defendants in the case. To be clear, Farr was not ascribing that noxious point of view to himself. Perhaps Daly can be asked about it in the next phase of this case.

It’s possible given the particulars of the incident that led to Janasek’s suspension, the Board feels it can’t politically withstand the heat from unilaterally awarding legal fees.

It may take a neutral party such as a judge to do the right thing. ~ Tom Stauss

some time.

Paradoxically, this insidious campaign waged against the Board has brought the directors together in a way that would have been inconceivable even a month ago.

That is the silver lining in the toxic vortex imported into Ocean Pines in recent weeks. - Tom Stauss

who signed the petition to place the issue on the ballot.

Finally, we want to thank the 11,760 voters who voted against Question A, thus defeating the Bond Bill.

What we learned from this initiative and this tremendous effort is that people still have the power to take control of their government. While we all enjoy the right to vote, the power of the Petition to Referendum allows for citizens to override the actions of their elected officials in the passage of an ill-conceived bill.

The founders of our great Nation understood the right of the people “...to petition the government for a redress of grievances.” In Worcester County, Maryland, the Constitution is alive and well.

Vincent Gisriel, Jr. Ocean City

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

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Pines Tones to host Christmas concert Dec. 9

On Friday, Dec. 9, at 7:30 p.m. the Pine Tones Chorus will pres ent a Christmas concert at Atlantic United Methodist Church in Ocean City, Baltimore Ave. and 4th Street.

The concert will open with its title song A Bit of holiday Cheer, a med ley of festive holiday tunes such as Winter Wonderland, and Jungle Bell Rock. Popular songs of the season will include Blue Christmas by Elvis, and Sleigh Ride, frequently performed by the Boston Pops Orchestra.

Classical Christmas selections will feature Shepherds in the Fields, the Star of Bethlehem and the Child in the Manger. The song Love Came Down At Christmas presents lovely, dream-like musical themes.

A unique arrangement of Deck The Halls will imitate orchestral mu sic from a Mozart composition. Most music fans will recognize this fa mous Mozart melody.

Unusual musical adaptations are also woven into We Three Kings and God Rest You Merry Gentlemen.

The Pine Tones Chorus includes about 45 singers from Ocean Pines,

Ocean City, and nearby areas. June Todd and Jenny Anderson are the group’s directors and accompanists. Pete Anderson is assistant director/ accompanist.

Other instruments will also accompany the chorus with flute played by Barbara Dau and string bass played by Tom Baione.

Admission is free and an offering will be received. After the concert, guests may enjoy refreshments in the church social hall.

The Pine Tones Chorus has been entertaining local audiences in the Ocean Pines and Ocean City areas since 1984. For additional informa tion, call the Chorus President, Dave Holloway, 410-641-5672, or June Todd, 443-880-3922.

Funding for Pine Tones Chorus activities has been from individual donations and patrons as well as the Worcester County Arts Council, Maryland State Arts Council and the National Endowment for the Arts. These organizations are dedicated to cultivating a vibrant cultural com munity where the arts thrive.

Local group collecting food for Head Start program

Agroup of Ocean Pines residents are collect ing items to help stave off food insecurity in the community, with a goal of supplying local children with healthy weekend snacks for 30 weeks.

Margit Novack and four neighbors in the Teal Bay neighborhood of Ocean Pines formed the group last year, dubbing themselves the “Teal Bay Mitzvah Team,” after the Hebrew word for good deeds.

Mitzvah Team member Helen Johnson said

the group has already led several successful charitable campaigns. In 2021, they collected more than 1,000 pairs of shoes for their “Soles for Souls” campaign. Later that year, they amassed more than 2,000 pairs of new socks during a “Joy of Sox” drive. Donated items were then distribut ed to assisted living facilities, long term care fa cilities, Diakonia, and Worcester County GOLD.

The group also held a pet food drive for local animal shelters. Johnson said all three goals were met thanks to donations from local people.

“We just want to give back to the community and those in need in some way. We feel that we’re all very fortu nate, so we want to do what we can for others,” she said.

“We now are focusing on food in security, because we knew it was something that children in our com munity struggle with,” Johnson con tinued. “There is poverty in this area and you’re always hearing about the need.”

The Mitzvah Team started the lat est drive on Facebook two months ago, asking for donations for the Berlin Head Start program.

Johnson said Head Start supplies food during the week, but, “Come weekends, we don’t know what they have.”

“We thought it would be good to send them home with a little bag of food items, and we’re specifically collecting things suggested by a nu tritionist with Head Start,” she said.

The Mitzvah Team is hoping to run the pro gram for 30 weeks, with 30 lunch snacks per stu dent donated and then distributed by the teach ers for the children to take home. They’ve done well so far, delivering 240 bags of food to Head Start over the first eight weeks.

“They [Head Start] were very excited. It’s a federal program, so we had to go through all the proper channels to do this,” Johnson said. “And we’re very happy that this has worked out, so far.”

Johnson said many people found it convenient to order items on Amazon.com and have them shipped directly to Novack at 2 Riverside Court in Ocean Pines. “People can go online and order a case of Ramen noodles, for just $15 or $20 while having coffee in the morning,” she said.

Snacks approved by the Head Start nutrition ist include single serve fruit cups and squeez ers, single serve Cheerios cups, instant oatmeal packs, granola bars with no peanuts, Ramen noo dles, small raisin boxes, fruit roll-ups, whole grain crackers, small popcorn bags, Bobos fruit filled mini muffins, small bags of pretzels, Bel Vita bis cuits, Teddy Grahams, and dried apple chips.

Items may be dropped off or shipped directly to Margit Novack, 2 Riverside Court, Ocean Pines, Md. 21811.

The Pine Tones Chorus is preparing for a Christmas concert in Ocean City on Dec. 9.

The Teal Bay Mitzvah team preparing baskets of food for local families in need.

CAPTAIN’S COVE CURRENTS

Seven owners renew litigation battle

Case against CCGYC, CCG Note includes some allegations from earlier case that had been voluntarily withdrawn

By TOM STAUSS Publisher

Seven Captain’s Cove property owners are suing the community declarant/developer, CCG Note, and the Captain’s Cove Golf and Yacht Club, for some of the same reasons cited in a suit they filed this past June and voluntarily withdrew in October.

The new lawsuit adds new allegations and is not as focused on the Hastings/Mariner Town home project as the earlier suit, although there is overlap. In addition, the plaintiffs are not accus ing CCGYC directors who are investors in CCG Note of self-dealing or breach of fiduciary duty as the earlier suit did.

All seven plaintiffs are members of the Con cerned Citizens of Captain’s Cove. The plaintiffs are Teresa Birckhead, president of the group, Jim Hayes, William Leslie, Barry Magrogan, Joyce Platterspiel, Linda Reece and Tom Reidy.

They’re represented by Douglas Kahle of Bas night, Kinser, Leftwich and Nuckolls of Chesa peake, Va., who filed the suit in Accomack County Circuit Court Nov. 7.

Among the allegations is that the defendants are converting “Captain’s Cove private streets” to

public use contrary to CCGYC Declaration of Re strictions and Articles of Incorporation.

The suit alleges that Captain’s Corridor will be used to funnel traffic in and out of the propos al townhome project, contrary to langage in the Declaration, Section 11/A.

CCGYC President Tim Hearn has said that one half of Captain’s Corridor near the townhome project is owned by the Hastings/Mariner family and would be conveyed to CCG Note at settle ment.

It hasn’t been conveyed to CCGYC, contrary to the plaintiffs’ claim, he has said.

“One half of Captain’s Corridor near the pro posed townhome site isn’t owned by CCGYC,” he added. “The plaintiffs don’t seem to understand that not all of Captain’s Corridor was conveyed to CCGYC decades ago.”

Cove streets including Captain’s Corridor are already accessible to the public as Captain’s Cove is not a gated community. Therefore there can be no effort under way to “convert” Captain’s Corri dor for public use, Hearn said.

The suit further alleges that the Cove Board of Directors, under “the control of CCG Note, al lowed CCG Note to pay less than $50,000 per

year on a contractual obligation” related to the completion of road construction in Sections 1 through 13.

Instead, interest only payments of less than $10,000 per year have been paid to CCGYC by CCG Note.

Hearn told the Cove Currents recently that this allegation is baseless because a promissory note obligating CCG Note to pay CCGYC $50,000 per year was never executed by the parties, which he said was the fault of the Board of Directors managing Captain’s Cove prior to the 2012 set tlement agreement.

The 2012 settlement agreement says CCG Note “agrees to pay” the association $50,000 per year for 20 years for debt service on a loan CCGYC was to secure for road improvements.

Hearn said it was later revealed that no such loan existed. He said the former board and gen eral manager misled the parties about the exis tence of an actual loan.

“Given that no loan ever existed, it is absurd to come back and state that CCG Note is obligated to pay debt service on a fictitious loan,” he said.

The suit alleges that CCGYC does not have

Sunrise in Captains Cove, by Sandy Reed.

New lawsuit filed

From Page 45

the authority to exempt Stonewall Capital from paying assessments on 30 lots it purchased from CCG Note in Sections 1, 7 and 10 in 2019. The suit quoted Jim Silfee, a CCGYC director and investor in CCG Note, as “falsely” stating that Stonewall Capital was exempt from paying assessments.

Hearn acknowledged that the declarant/devel oper can’t delegate the dues exemption it enjoys to a buyer of lots in multuple sections of Captain’s Cove, and could only do so if a buyer purchases an entire section.

But he said the plaintiffs seem to be unaware that CCGYC is billing Stonewall Capital for the annual dues of the 30 building lots it owns.

“They’re not exempt,” Hearn said.

Indeed, the Cove Currents has been informed that Stonewall Capital appears on an accounts receivable list of property owners who are delin quent in paying annual dues to the CCGYC.

The plaintiffs allege that CCGYC does not have the authority “to charge assessment-pay ing members the cost of constructing a bulkhead along Starboard Street, a cost that should be paid by CCG Note.” According to the suit, the associa tion is proposing to install a bulkhead along the edge of Starboard Street abutting CCG Note lots at the expense of the Cove association.”

Hearn said no such charge is being planned and that “bulkheads on the gut have never been required for any of the hundreds of lots along that waterfront. In addition, there is no evidence that the Army Corps of Engineers would ever allow such a bulkheading activity into a wetland area.”

He said that stormwater, erosion and sediment control permits have been obtained by CCGYC from Accomack County in anticipation of pav ing Seaview Street at some date in the future. But CCGYC is still awaiting permits from the U.S. Army Corps of Engineers, and it’s unknown whether and when that might happen.

There is no governing document in Captain’s Cove that obligates the declarant/developer to complete road construction in Sections 1 through 13 in the community, and it’s been policy since 2002 that CCGYC is responsible for street im provements according to an amendment to the Declaration in that year.

The suit repeats a complex argument from the earlier suit, alleging that CCG Note or an affiliate in violation of restrictive covenants sold several Captain’s Cove numbered residential building lots to the former Captain’s Cove Utility Com pany operated by Hearn, which then sold them to Aqua Virginia.The lots, consisting of about six acres, were set aside for possible future use as rapid infiltration basins (RIBs) by Aqua.

The CCGYC deed restrictions allow for these

lots to be used for residential or utility purposes, as confirmed by the State Corporation Commis sion’s approval in the sale to Aqua, a detail ig nored by the plaintiffs, Hearn said,

In response to a similar allegation in the earli er suit, Hearn called the plaintiffs’ description of the Aqua sale and the acquisition and sale of the future RIP areas “bizarre.”

He said that all CCG Note investors who served on the Cove Board at the time recused themselves from any decisions related to the transaction.

He said CCGYC benefitted from the sale of roughly four acres, receiving $175,000 in the transaction.

He also said that the sale of the RIB lots “limit ed” future potential uses of the site to RIBs only, a benefit to property owners in the area.

“Contrary to what the plaintiffs contend, res idential lots in Captain’s Cove expressly can be used for utilities, including a pump station, treat ment plant, or any other use associated with a utility,” he said. “The agreement limits these lots to RIBs only, a relatively passive use compared to what could go there. This benefits property own ers in the area.”

The latest suit also repeats allegations from the earlier suit that the Captain’s Cove water and waterwater treatment system now owned by

Phillips, Hearn field questions during feisty members’ forum

By TOM STAUSS Publisher

Captain’s Cove Yacht and Club Club President Tim Hearn and Senior General Manager Col by Phillips fielded questions from members during an at times feisty and well-attended annual meeting of the association Nov. 12 at the Chincoteague Center.

The members forum consisted of opinion offered by members on a va riety of political issues or questions of Cove management.

Early in the forum segement of the meeting a member asked about a million dollar bad debt allowance in the approved budget for 2022-23..

Phillips responded that an ac counts receivable working group has been addressing the issue and that reducing bad debt is a “top priority” for the Cove association.

New lawsuit filed

From Page 47

Aqua lacks the capacity to provide water and wastewater treatment services to the townhome project.

Hearn previously disputed that contention, telling the Cove Cur rents that, in hearings before county authorities, Aqua executives testi fied that there is adequate capacity at the current level of build-out in Captain’s Cove to accommodate the townhome project.

“At roughly 50 new homes per year [built in Captain’s Cove], it will be at least 20 years before the future RIB areas might be needed,” he said.

The plaintiffs further allege that the CCG Note proposes to convey as many as six numbered Captain’s Cove lots [in Section 13, backing up to Fleming Road], to be converted into non-residential use [a proposed ambulance station to be operated by the Greenbackville Fire Depart ment] in support of a CCG Note proffer to the county related to the townhome project.

The plaintiffs contend that resi dential lots in Captain’s Cove can’t be used for non-residential purpos es.

But Hearn, in comments during the annual meeting of CCGYC in November, said that the Green

Success at collecting delinquent dues from members means there will be less of a need in the future to increase dues on those who pay, she said.

“Our goal is to reduce (delinquen cies) so we don’t have to increase dues,” she said.

Some members expressed con cerns about the Cove’s canal dredg ing program, which was reduced somewhat from past years because of issues with the dredge boat.

She said that a list of canals that will be scheduled for dredging in 2023 will be assembled for the next property management team meet ing in early December.

She also invited anyone who wants to be part of the dredging work group to contact her.

In response to a question about the Marina Club roof replacement

backville Fire Department is look ing more favorably on a CCG Noteowned parcel on Stateline Road for a new firehouse and ambulance sta tion.

If that approach to future growth continues, the Fleming Road op tion will not be a factor in the fire department’s growth plans, Hearn said, with the plaintiffs’ arguments no longer on point.

The State Line Road parcel is four acres, but the fire department needs only one-and-a-half acres for what it envisions, Hearn said.

It’s located between the Long and Foster office and the main entrance into Captain’s Cove.

Finally, the suit alludes to future plans to construct a road in an area called Seaview Street, which the plaintiffs allege would benefit lots in the area owned by CCG Note at the expense of Cove members.

The plaintiffs contend that CCGYC doesn’t haven’t the authori ty to build new roads under govern ng documents, but rather only has authority to “properly maintain” them.

Hearn disagrees, contending that nowhere in the Cove’s governing documents is there language pre venting the CCGYC from undertak ing new road construction paid for by association dues.

project, which has been delayed because of difficulties in finding a qualified contractor, Phillips said the Cove initially received two bids and awarded the project to one of the bidders, who then decided not to sign a contract.

With the assistance of project consultant Gillis-Gilkerson, she said that there are three new bids for the project, ranging from $350,000 to $500,000.

The property management team is close to recommending a contrac tor for the project, she said.

In response to a question about the $100 increase in dues for 202223, Hearn said it was attributable to inflationary pressures on costs, new

line items including legal fees asso ciated with two lawsuits, and health benefit increases.

He later told the Cove Currents that 65 percent of the $100 increase resulted directly from the increase in legal expenses required to defend the association in the two cases, one of which has been dropped and the other pending.

In response to a question about the missing $1 million in cash ac counts uncovered during the tran sition from Troon to in-house finan cial management, Hearn said the change in liquidity doesn’t mean “someone stole” $1 million from the Cove association.

It could be the result of growth in accounts receivables from those not paying their lot assessments on time, he said

Noting the hiring of CohnReznick to conduct a forensic audit of the six months of 2021-22 that Cove financ es were controlled by Troon, “once

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Sixty-five percent of dues increase attributable to legal fees

Members’ forum

From Page 49

the audit is done we’ll know where that $1 million comes from,” he said.

Hearn fielded a question about the obligation to pay annual dues when a builder or developer other than CCG Note “steps up” to build and sell new homes in Captain’s Cove.

He told the membership that there can be only one declarant/ developer in Captain’s Cove under Cove governing documents, and that as that declarant/developer CCG Note is exempt from paying annual assessments on the lots it owns in the community.

He said that the only way a build er/developer can avoid paying an nual lot assessments on lots it buys from CCG Note is for that builder/ developer to purchases an entire section.

There is no section in Captain’s Cove controlled by CCG Note in its entirety.

Lots owned by builders therefore are billed for annual assessments just as any other owned by other

CCGYC members.

In response to a complaint that the entire senior mangement team was not in attendance at the annu al meeting, Phillips said there were only two absences.

One was Jimmy Giddings, direc tor of roads and maintenance, who was away helping out with hurri cane clean-up.

The other was Food and Bever age Manager Charlie Getz, who was working at the Marina Club.

In response to a question about private loans on the books, which have been used to finance road con struction in recent years, Hearn said initially the loans were done anonymously to protect the identity of the lender, a prominent business man who lives in Salisbury.

When his identity was made pub lic despite the agreement for an onymity, he immediately called a loan. After awhile he resumed lend ing to Captain’s Cove, overcoming fears of harassment, Hearn said

“He’s in the concrete business and knows people,” he joked.

Earlier Hearn said that anyone who wants to loan money to the

Cove association at 6 percent should contact the property management team.

He updated the members on de lays in improving Seaview Street. While reporting as he has previously that permits from Accomack County are in hand, the Cove is still await ing permit approval from the U.S. Army Corps of Engineers, which he said is short-staffed and afflicted with staff turn-over.

He said Seaview Street, which is bayfront property with only a dirt road, is in a heavily-regulated zone contributing to delays.

There is a place-holder $1.2 mil lion for road improvements, but the project has not been bid out and no one really knows how much it will cost.

Also during the forum, Cove di rector Mark Majerus commended management team staff by name for dealing with all the dramatic chang es in Captain’s Cove this past year.

He reminded members that mem bers of the Security staff have all been trained in emergency medical response techniques.

They’re the first responders to

emergencies in Captain’s Cove be fore EMTs from local fire depart ments arrive on the scene.

They’re there “for security and health as well,” he said.

Hearn similarly offered praise for management staff, who he said navigated a “crazy year” as well as it could have, and he praised Phillips as an “incredible leader.”

He extended his praise for county officials who he said sometimes “find themselves in treacherous circum stances.”

He was probably referring to de cisions by members of the county planning commission and board of supervisors earlier this year, ap proving plans for a townhome proj ect proposed by CCG Notes for the back entrance to Captain’s Cove at State Line Road.

During the forum, member Mi chelle Mathews-Kalinock asked for greater transparency in the avail ability of documents, requesting that financial reports dating back to 2012 and resumes of Cove staff be posted on the Cove Website.

There was no immediate response to her request.

Phillips recaps successess, challenges faced by team

Return to in-house management dominated year

By TOM STAUSS Publisher

Senior General Manager Colby Phillips re capped accomplishments and changes with in Captain’s Cove management this past year. She made her comments during the Nov. 12 annual meeting of Captain’s Cove Golf and Yacht Club, held at the Chincoteague Center.

Changes in the property management team included John Costello’s new title as Director of Operations, with golf team oversight added to his responsibilities. Jimmy Giddings was given the new title of Director of Roads and Maintenance to include golf maintenance oversight.

Charles Getz was hired as food and beverage director, Sara Shifflett was hired as controller, and Julia Knopf’s role was upgraded to include marketing and coordinaton of community events.

Tammy Bowden was appointed interim golf superintendent after the sudden resignation of her predecessor.

At the Marina Club, Josh Vickers was promot ed to executive chef and Craig Aspdin was pro moted to sous chef and assistant cook.

Phillips reviewed challenges faced by the prop erty management team this past year.

Gift cards sold by former management compa ny Troon/ Indigo Golf Partners with the revenue going to Indigo resulted in a decision by the Cove to ask members to seek reimbursement of unused credits directly from Troon.

Because of Troon not providing monthly finan cial statements and a lack of communication, the team “worked to make sure finances were man aged well with strong oversite despite not know ing where we sat the first half of the fiscal year,” Phillips said.

These difficulties resulted in an “unexpected” and rapid transition from Troon to bringing man agement in-house.

“After years of a strong and stable relationship with Billy Casper Golf, then Indigo Golf Partners,

Troon management very soon showed that they were unable or unwilling to sup port our community’s management needs, and our existing onsite staff tackled the challenge of self-man agement with dedica tion, skill, and profes sionalism to maintain the standards that our Members expect,” she said.

To counter rumors and false information posted on social media, Phillips said “the team worked to communicate to members [that they should] reach out to the team directly with their questions,” she said.

After several receptionists, wait staff and managers had issues with hostile members and guests, a security staff member was located at the Marina Club for better oversite with any issues, Phillips said.

A former food and beverage director quit with no noice three days prior to Memorial Day week end.

“The team immediately stepped up to get

Captain’s Cove honors volunteers

Year

Phillips, senior general manager.

Jenny McIntyre was named Volunteer of the Year.

Carol Pedrick was named the Difference Maker.

“What an amazing group of people setting aside time to bring such great things to our community!” said Colby

Community Champions were Eileen Klinfelter, Rob “Max” McCarthy, Dawn Wagner, Maryjoe DeLoe and Ber nadette Palaski.

Captain’s Cove Golf and Yacht in an event Nov. 3 at the Marina Club Club honored numerous volun teers who make community activities throughout the year possible.

Jenny McIntyre named Volunteer of the

Carol Pedrick (left) addresses the group; Jenny McIntire with Colby Phillips.

Community volunteer honorees (left to right): Mary Jo DeLoe, Carol Pedrick, Jenny McIntire, Dawn Wagner, Rob “Max” McCarthy andEileen Klinefelter. Not pictured but also a Community Champion winner, Bernadette Palaski.

Majerus, Pelino reelected to CCGYC Board

By TOM STAUSS Publisher

Incumbents Mark Majerus and Pat Pelino were reelected to the Captain’s Cove Golf and Yacht Club’s Board of Directors in results announced at the Cove association’s annual meeting Nov. 12.

They will serve three-year terms as directors. There were two Board seats contested in this year’s election.

Majerus captured 1,252 votes and Pelino 1,191.

Also running for the Board were Michelle Mathews-Kalinock, with 575 votes, and Frederick Traut with 564 votes.

Guy Siebold won 74 votes, Anjali Chatelle had 56 votes, and Barry Marks, who had withdrawn from the contest, won 74.

In the race for Board alternate, former Cove President and Director George Finlayson captured 1,226 votes and will serve a one-year term as alternate.

Annual summary

From Page 53

through the holiday weekend and took on the challenges with professionalism and dedication,” she said.

Unnecessary wine purchases by the previous food and beverage manager under Troon were uncovered, resulting in the team started selling the bulk of the unnec essary purchase to members at cost resulting in almost 75 percent of the funds recouped,” Phillips said.

Administrative improvements included the addition of new software called AppFolio.

This made it possible to introduce a member portal with options to share private member doc uments including renter information, multiple log-ins for each property, multiple properties tied to one log-in, violation status, and detailed ac count ledgers for member inspection.

In addition, AppFolio improved report gener ation, tracking of violations, mailing service for statements, and other functionality not possible with the previous software, TOPS.

Phillips noted the launch of the new member Website with a calendar included, integrating “all areas of Captain’s Cove into one place. A new member online forum on the Website was intro duced.

She noted improved Environmental Control Committee oversight and variance applications.

Phillips said that Cove communication with members is strong,” noting the launch of the Cove Currents monthly publication and weekly e-blasts.

She said the management team has started a more aggressive campaign to collect accounts re ceivables, initiated a new golf cart policy to help with safety, introduced a new UPS drop-off and ATM machine at the Marina Club, launched a community calendar hand-out, established sever al working groups of management team person nel and members, upgraded non-member pricing for non-members, unveiled a new refrigerator magnet with team contact information, and as sembled a new welcome packet for new residents

of Captain’s Cove.

Also running for alternate director were Seibold with 554 votes, Chatell with 53 votes, and Marks with 31.

CCG Note, the Cove’s declarant/developer, cast one vote per lot that it owns.

In theory, CCG Note could cast three votes per lot according to Cove governing documents, but the 2012 settlement agreement lim ited the three-for-one right. Now that right can only be exercised if the Cove association is under financial duress, and that’s not the case currently.

In theory, there are enough lots in Captain’s Cove not owned by CCG Note to defeat candidates backed by the developer, but this year as in year’s past there were not enough votes to make that happen.

Year-round residents of the Cove most likely were the support base for Mathews-Kalinock and Traut.

Phillips highlighted new programs and events this past including soccer classes, swim lessons, personal training, aquatic classes, arts and crafts classes for kids, junior lifeguards, princess tea parties, fall festival, bus trips, walking group, flags for heroes, Easter EGG Dive, CPR/AED classes, lifeguard certification classes, and water safety training working with the Chincoteague Fire/EMS.

Other new programs and events included fam ily fun nights, holiday sip and shop, angel tree, yoga, Balls and Claws, volunteer banquet, pickle ball, Veteran/Memorial Day/4th of July honoring of our service members, and training of the entire Security Team with AED/CPR.

One yard sale was held this past summer, two are planned for next year, and the resumption of summer community party is possible.

Phillips said that there have been more than 630 calls for service and more than 50 911/EMS calls, withAED used more than five times.

At the Marina Club, she noted the introduction of new point of sale (POS) softwate called Toast that allows for better tracking.

The team adjusted menu prices to reflect in flation and the menu to have “friendly pricing,

giving us cost savings as well as increased profit,” she said, adding that other changes were made to decrease spending.

She said the team changed the dish machine company and acquired a new dishwasher with a cheaper lease that saves the Cove $400 per year and “we should expect to save another $2400 a year on the cost of chemicals. After five years we will own the machine outright, and that will save another $1800 per year.”

Other acqusitions included a new new bever age dispensing system from Pepsi that should save about $1200 per year and a bulk C02 system that she said “is much more convenient and saves about $600 per year.”

Phillips also said the Marina Club team launched a happy hour with a special bar menu to increase sales during off hours, burger night on Wednesdays and Rib night on Thursdays ‘to bring in more business on off days.”

She noted the decision to open the Marina Club seven days per week starting Memorial Day and ending Labor Day, a decision to use Quick Books for accounting, and continuing efforts to finish roads resurfacing.

Also new this past year are efforts to monitor Lake Earnie and a farmers market.

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