When Ocean Pines Association General Manager John Viola presents the latest iteration of the proposed 2025-26 budget at a Feb. 5 townhall meeting, it will have some changes from the initial version released in late December.
The changes don’t affect what most OPA members care most about, a proposed $25 increase in the base lot assessment and $50 increase in waterfront rates paid by most owners of bulkheaded property in Ocean Pines.
The two most significant changes in the version of the proposed budget to be presented Feb. 5 are the creation of a new Department of Food and Beverage, made possible by the signing of a lease with Touch of Italy for the management of Ocean Pines’ three food and beverage venues, and the elimination of separate membership rates for tennis, platform tennis and pickleball.
The Board of Directors will be voting to approve the 202526 budget at its regular monthly meeting on Feb. 22.
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THIS EDITION Ocean Pines .............. .Pages 1-27 OPA Finances .......... Page 28-33 Worcester County . Pages 24-36
Touch of Italy to launch food and beverage ops in Ocean Pines May 1
Matt Ortt Companies vows to fulfill OPA contract until it ends April 30
By TOM STAUSS Publisher
The announcement that the Matt Ortt Companies intends to fulfill its commitment to the Ocean Pines Association by operating the Yacht Club and the Clubhouse Grille through the end of April might complicate matters as Touch of Italy, awarded a five-year lease to operate Ocean Pines food and beverage venues by the Board of Directors Jan. 8, prepares to begin operations on May 1.
The Yacht Club and Clubhouse Grille are closed currently, but the Yacht Club will be reopened in mid-February under MOC management and the Clubhouse Grille will reopen when the golf course is open for play,
also under MOC management. The Ocean Pines Beach Club reopens Memorial Day weekend, and will do so under TOI control.
This means that MOC will have roughly two and a half months of operational control over two food and beverage venues at the same time that TOI is preparing its Ocean Pines launch in the same two buildings. The transition may prove to be challenging, though both TOI and MOC vow to handle it as professionally as possible.
One source within the OPA said that if TOI needs time to prepare the Yacht Club for its operations once MOC vacates at the end of April, a closure of the venue for a week or two could certainly be accommodated. In
Food and beverage
From Page 1 the end it will be up to TOI to decide exactly how it will take advantage of the expectations and excitement of a launch.
Bob Ciprietti, owner of TOI, seemed receptive to that suggestion.
“Ideally, there would be a period in which we could fully gear up to deliver the optimal experience at the various venues. However, we will be prepared to provide service to Ocean Pines, as needed. We respect the process which is in place and value the mutual professionalism of the existing operator,” he told the Progress.
The Clubhouse Grille is seen as easier to simply roll over from one management company to another May 1, but here, too, it will be up TOI as the operator to determine timelines to begin serving the OPA membership.
TOI has already moved aggressively to preserve and protect a key element of the business it is inheriting from MOC, wedding banquets. TOI has contacted every wedding party that had been booked by MOC to offer assurances that their dates and details of their bookings will be honored.
All the live entertainment for the Yacht Club deck arranged by MOC has been confirmed.
Initially, there was a bit of a snafu when MOC’s Angie Ortt sent out an email to its wedding parties shortly after learning that TOI had been awarded a five-year lease. The email advised MOC clients to contact the OPA at its main phone number, 410641-7717, with any questions about their bookings.
Some within the OPA regarded it as an unfriendly email because it didn’t direct callers to any specific individual.
It seems to have been a misunderstanding.
“The email that Angie sent was not unfriendly, rather gave the only information we had,” MOC owner owner Matt Ortt said in a statement. “I had asked multiple times to meet with OPA to discuss what we should tell the brides booked for 2025/26. As we were not given any information to pass on to them, such as a specific contact at OPA, we gave them the OPA main office phone number.
“The email was sent out immediately after we found out through OPA’s Facebook post that TOI was awarded the contract. We were given no prior notice and thus no chance
to reach out to each bride on a more personal level before the calls and emails starting flooding in asking us for more information.”
There has been some speculation that MOC might have wanted to vacate Ocean Pines before the April 30 end of its contract, possibly to preserve some operating profits and perhaps improve its end-of-year bonus.
Not true.
“I have every intention of finishing out our contract in good faith and with the same professionalism that we have always operated with,” Matt Ortt said in the statement. “While I am sad to be leaving Ocean Pines, I am excited about the new experiences and opportunities awaiting me.
“I want to express my sincere appreciation for the community welcoming me and I am thankful for the many friendships I have made along the way during my time here. Thank you again to our wonderful customers and our amazing staff. They are truly the best of the best. I wish TOI and their team continued success in Ocean Pines.”
One attendee at an end-of-season employee party had interpreted some of Matt Ortt’s interactions with staff as saying a permanent goodbye to Ocean Pines, but that seems not to have been the case. An account of the party was referenced in a special digital edition of the Progress in mid-January and posted at www. issuu.com/oceanpinesprogress.
Ortt said his interactions with colleagues were misinterpreted.
“The article said that ‘Matt had already said goodbye to the staff and had prepared to leave the YC the Monday of the week that the contract was due to be voted on.’ That never happened. I did not say ‘goodbye’ to my staff,” he said, adding, “We were/are prepared to reopen again in February.”
Ortt also denied a report that he would be given an opportunity to amend his proposal for a new fiveyear contract to operate the three OPA food and beverage venues on the Monday of the week the contract was due to be voted on.
Not so, he said. No opportunity presented itself. He was never called in to discuss how his proposal might be amended.
That tart denial was laid down in the context of competing narratives on how it came to pass that Viola recommended the awarding of a lease to TOI over that of Sodel
Is Heutner returning to manage Beach Club?
She probably could if she wants to
By TOM STAUSS Publisher
One of the intruding story lines from the pending transition to Touch of Italy is whether Linda Heutner will be returning to manage the Ocean Pines Beach Club. She’s a veteran presence at the facility, having managed the place under a series of general managers dating back at least ten years and longer. She’s been an effective manager who has consistently delivered positive operating revenues to the Ocean Pines Association.
Granted, the Ocean Pines Beach Club, open from Memorial Day to Labor Day annually, is a popular venue for Ocean Pines Association members. Arguably it would take a lot of mismanagement to lose money there.
The Progress asked Touch of Italy owner Bob Ciprietti about his interest in bringing back Heutner this summer if she’s interested.
The short answer: He’s certainly open to it.
“TOI would be glad to entertain bringing back the employees who want to work at any of the Ocean Pines venues,” he wrote back in response to a Progress inquiry. “However, out of respect for the current management company, TOI will not solicit any of its employees without its express permission.”
Heutner did not return a Progress phone call intended to coax out her intentions with respect to returning for another summer to manage the Beach Club.
Details of Touch of Italy lease deal revealed
Two revenue streams guarantee a robust return for the OPA, with no operating expenses
By TOM STAUSS Publisher
Ocean Pines Association members who would like to know how the first year of management of Ocean Pines’ three food and beverage venues by Touch of Italy might affect OPA finances now have enough information on which to base a firm conclusion, at least so far in the 2025-26 budget process.
All signs point to a substantial year-over-year improvement in food and beverage results.
OPA General Manager John Viola and Director of Finance/Controller Steve Phillips have announced that the lease with TOI approved by the Board of Directors in a Jan. 8 special meeting includes two revenue streams to the OPA.
The first is the annual lease payment of $32,000 per month, applying in the aggregate to the Yacht Club, the Clubhouse Grille, and the Ocean Pines Beach Club. That works out to $384,000 per year. There’s a three percent per year escalator clause in the contract, which increases the rent in 202627 and every year thereafter during the five-year lease period.
The second revenue stream is a percentage of monthly gross food sales at all three venues at what one Board member told the Progress is 6.5 percent. That’s a key number, which Viola later confirmed as accurate.
According to a Progress calculation, if TOI generates in 2025-26 the same amount of food sales generated by the Matt Ortt Companies in 202324, the fiscal year ending April 30 of 2024 and the last full year that food sales have been recorded, at 6.5 percent OPA would be receiving $182,140 in food revenue-sharing from TOI.
According to the April 2024 financial report published on the OPA Website, the last month of fiscal 2023-24, the three venues brought in $2,802,154 in food sales that year. That total was comprised of $292,888 at the Clubhouse Grille, $348,882 at the Beach Club, $499,581 in Yacht Club banquet food sales, and $1,660,803 in non-banquet sales at the Yacht Club.
The math isn’t complicated; 6.5 percent of $2,802,154 works out to $182,140.01.
When added to the rent of $384,000, $182,140 in food revenue-sharing totals $566,140, which
Proposed budget
From Page 3
Concepts, the two leading contenders for the contract.
Ortt’s proposal for a new five-year contract essentially was the current, expiring agreement, while TOI and Sodel both had submitted lease proposals, which in the end Viola and the OPA Board preferred.
There are two competing narratives for how TOI ended up as the winning bidder.
The two narratives originated with two OPA directors, neither of whom want to be the
represents the total return to the OPA if TOI would generate the same in food revenue as MOC did in 2023-24.
That’s about $4,000 more than what appears in the latest iteration of the proposed 2025-26 budget for the newly created OPA Department of Food and Beverage.
Under the lease, Touch of Italy will handle most maintenance costs, especially for assets in the early stages of their lifecycle. If a repair involves equipment nearing the end of its useful life, Ocean Pines may bear the expense. This arrangement likely represents significant cost savings compared to the current model.
As the buildings are owned by Ocean Pines Association, any modifications must be approved by the Association’s management team and the Board of Directors.
A key element of the lease is the base rent guarantees the recovery of the annual depreciation on the buildings and the equipment. This
money will go into the appropriate reserves. The Ocean Pines leadership did this to create a financial safeguard fund to protect OPA by mitigating any business risk it has currently.
Every building and piece of equipment has a pre-determined useful life, which is the basis of the concept of depreciation. TOI will pay for the repairs of the equipment. If the estimated cost of a repair exceeds the remaining value of the equipment and OPA management agrees with that assessment, TOI will pay a prorated share of the replacement cost based upon that particular equipment’s pre-determined useful life,
As is normal in a commercial lease, the landlord or tenant cannot unilaterally terminate the lease without a default by either party which is not cured in a timely manner. The penalties for violating this basic tenet of lease law are severe for the violator.
As with any commercial lease, it may be amended by mutual consent.
identified as the source of information cited in Progress reporting.
One source said Sodel was the front-runner throughout most of the process only to lose the contract when lawyers for the company failed to deliver a contract consistent with its initial proposal.
That would have given TOI’s proposal a new lease on life.
Another narrative has emerged that conflicts with the version that says Sodel was the front-runner and only had to deliver a contract consistent with original contract terms.
Angler of the Year
Secretary John McFalls, left, recently presented the Atlantic Coast Sportfishing Association’s 2024 Angler of the Year Award to Brian Reynolds of Ocean Pines, who caught the biggest fish of local species in both ocean and bay. His bay catches included a spotted sea trout, 19.5 inches; a bluefish, 36.5 inches; a black drum, 16.75 inches; a tautog, 18.75 inches. Ocean catches included a red drum, 36.5 inches; a black drum, 27 inches; a kingfish, 13 inches; a triggerfish, 15 inches; and a croaker,10.5 inches.
That narrative says it was not Sodel Concepts with which the Board authorized Viola to enter into contract negotiations this past November.
Touch of Italy was the top contender all along, not Sodel, this source told the Progress.
Are these narratives mutually exclusive or is there some truth to both of them?
“It’s possible that Viola as a sharp negotiator was talking to both sides throughout the process,” another source said. “It would not be unusual for him to have done that.”
Viola so far has not discussed the process that led to the deal with TOI. And probably never will.
Touch of Italy responds to OPA, Progress questions
The following questions were assembled by the Ocean Pines Association Marketing and Public Relations Department and the Ocean Pines Progress, with answers provided by Touch of Italy.
LEASE
Q: Will the Ocean Pines Association make a profit under this new lease agreement?
A: Yes. Touch of Italy will pay Ocean Pines an annual lease that covers depreciation, which amounts to roughly $380,000 per year. That amount will increase by 3% annually. Additionally, Ocean Pines will receive 6.5% of Touch of Italy’s non-alcohol revenues. For context, if the venues generate $4.7 million in total revenue (based on prior year numbers), Ocean Pines would receive approximately $565,000 – or roughly an $80,000 increase compared to prior year earnings – while Ocean Pines assumes no business risk.
Q: How will maintenance costs be handled under the lease?
A: Touch of Italy will handle most maintenance costs, especially for assets in the early stages of their lifecycle. If a repair involves equipment nearing the end of its useful life, Ocean Pines may bear the expense. This arrangement likely
represents significant cost savings compared to the current model.
Q: What happens if Touch of Italy wants to make changes to the buildings?
A: As the buildings are owned by Ocean Pines, any modifications must be approved by the Association’s management team and the Board of Directors.
Q: The initial Q&A released by the OPA discusses responsibility for maintenance costs for assets nearing the end of their useful life. Who decides when the OPA will bear the cost of replacement in lieu of repair and maintenance? What criteria defines the term “nearing the end of their useful life?
A: A key element of the lease is the base rent guarantees the recovery of the annual depreciation on the buildings and the equipment. This money will go into the appropriate reserves. The Ocean Pines leadership did this to create a financial safeguard for OP and to protect OP by miti-
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gating any business risk it has currently. Every building and piece of equipment has a pre-determined useful life, which is the basis of the concept of depreciation. TOI will pay for the repairs of the equipment. If the estimated cost of a repair exceeds the remaining value of the equipment and OP management agrees with that assessment, TOI will pay a prorated share of the replacement cost based upon that particular equipment’s pre-determined useful life. Any such cost to OP is absorbed by the monies put aside in the depreciation reserves funded by the base rent. It is to everyone’s benefit to maintain the equipment and maximize its useful life.
Q: What are the precise details of the separation agreement between the OPA and Touch of Italy? Can either party give notice to the other that it wishes to terminate the lease? Are there any financial penalties to TOI if it decides to dissolve the lease and vacate Ocean Pines before the lease expiration in five years? Are there any financial penalties to Ocean Pines if it desires to terminate the lease but TOI desires to remain in Ocean Pines for the duratio n of the lease?
A: TOI appreciates the welcoming question of how to evict it before commencing operations. Unlike the previous arrangement whereby OP was the business owner bearing virtually all of the business risk of the various F&B venues, the risk profile for OP has done a 180 thanks to the leadership of the Board and management of OP.
From Page 5
Now OP is acting as a landlord and TOI is the tenant bearing all of the business risk. As is normal in a commercial lease, the landlord or tenant cannot unilaterally terminate the lease without a default by either party which is not cured in a timely manner. The penalties for violating this basic tenet of lease law are severe for the violator.
Q: Does the lease provide for/allow for amendments to the lease terms prior to it expiration, with the agreement of the parties?
A: As with any commercial lease, it may be amended by mutual consent.
TRANSITION PERIOD
Q: Will current food and beverage employees retain their jobs?
A: The existing food and beverage operator will continue through April 30, 2025. Afterward, Touch of Italy plans to offer interviews and training to any staff interested in staying on. The company is taking care to respect current employment relationships while also planning for the transition.
Q: Is Touch of Italy hiring for positions at the Yacht Club, Clubhouse Grille, and Beach Club?
A: Yes. Recruitment will ramp up in the coming months, with job postings shared through social media and other channels. Interested applicants are encouraged to submit resumes now by emailing info@touchofitaly.com. Touch of Italy offers extensive training programs for all employees.
Q: TOI has said that the transition to new management will be seamless and well executed. Doesn’t this in part require the cooperation of the Matt Ortt Companies? Can you provide any early examples of MOC providing this cooperation at the same time it works to reopen the Yacht Club and Clubhouse Grille sometime around the February holidays?
A: TOI values the professionalism of the MOC and is convinced the transition can be worked out seamlessly because of professional courtesy. MOC has been very helpful and cooperative in sharing the details regarding previously booked events, current inquiries for events, and the entertain-
ment schedule. As the transition date gets closer, TOI will have more coordination with MOC. Regarding their operations before May 1, we would not presume to interfere and are confident MOC will act in everyone’s best interests since it is a respected operator.
Q: Are you allowed on the premises of the three venues prior to May 1, and how do you effectively share space prior to May 1?
A: If TOI needs access to any of the three venues prior to May 1, we will coordinate that access with Ocean Pines and MOC so there is no interference with MOC’s operations. There is no need to share space prior to May 1.
Q: Any chance that you might close the YC for a week or 2 in early May to make whatever cosmetic changes u want, get staff in there for some training or shakedown time, get your supplies in there - and maybe use that time to build anticipation and excitement for a grand reopening later in the month?
A: That is a good question. Ideally, there would be a period in which we could fully gear up to deliver the optimal experience at the various venues. However, we will be prepared to provide service to Ocean Pines, as needed.
We respect the process which is in place and value the mutual professionalism of the existing operator.
BEACH CLUB
Q: Is there any decision yet on whether Linda Heutner will be brought back to manage the Beach Club?
A: TOI would be glad to entertain bringing back the employees who want to work at any of the Ocean Pines venues. However, out of respect for the current management company, TOI will not solicit any of its employees without its express permission.
Q: What changes can be expected at the Beach Club?
A: Touch of Italy plans to make several improvements to the Beach Club. These include enhancing the menu with items like lobster rolls, creating a high-quality yet affordable dining ex-
perience, and possibly introducing a pizza oven like the one at Sunset Island. Additionally, the team aims to utilize the Beach Club’s second floor as a beautiful space for expanded use, though these changes may take time. Maintenance improvements such as kitchen floor upgrades and fresh paint are also under way.
Q: Will the TOI with OPA concurrence check for OPA membership or Ocean Pines residency or confirm guest status before serving food and drink at the Beach Club, consistent with the condition of a Class C alcohol license? Or will TOI continue with the current practice of controlling access to the bathrooms by requiring display of a membership or guest card but otherwise opt for complaint-driven enforcement of Class C restrictions?
A: Currently, the Beach Club has a seven-day BWL liquor license. TOI fully expects to transfer that same type of license. As a lessee, TOI will serve food and drink to Ocean Pines residents and guests, and the public. Regarding use of the bathrooms, only Ocean Pines residents and guests, and food and beverage patrons of the Beach Club, will be allowed to use the bathrooms.
Q: Is there any possibility that TOI will encourage OPA to install an elevator at TOI’s expense at the Beach Club or ask the OPA to pay for an elevator, thereby making it possible to better take advantage of the ocean and beach views from the second floor?
A: TOI is aware of the possibilities and current limitations at the Beach Club due to the requirement of an elevator. After getting through the first season, we can better evaluate the situation and have a more informed discussion on this topic.
YACHT CLUB
Q: What will TOI do differently to generate more revenue for the second floor of the Yacht Club for weddings and other banquet events? Is it even possible to convince a bride she has to compete with a loud band on the deck for a weekend evening wedding in May through September?
A: TOI cannot speak to the marketing efforts of
McFadden
Q&A
From Page 7
the current management company. Since MOC is an experienced operator, it is likely that company used every available marketing technique, as we will too.
All the normally scheduled activities which occur at any of the venues will be explained to every prospective client who is considering a weekend event in the May to September period. It will be their choice since some clients may like the added ambiance.
Q: Is there any chance the Sunday all-youcan-eat brunch that earlier generations of Ocean Pines residents enjoyed will return to the Yacht Club? Can such buffets be available in a way that generate profit for TOI?
A: While TOI would like to feature Sunday brunch, the increase in labor and food costs since the pandemic have made realistic pricing for brunch a challenge.
Q: Could there be fine dining nights or wine dinners?
A: Absolutely. Touch of Italy plans to host special events such as wine dinners, bourbon dinners, and themed fine dining nights during the offseason. Community feedback will help shape these offerings to ensure they meet residents’ preferences.
Q: Will the popular bands that regularly play
at the Yacht Club return this year?
A: Yes, many of the bands that residents know and love—such as Great Train Robbery, Tranzfusion, and Full Circle Band—will be returning. Touch of Italy has committed to honoring existing bookings and adding new bands to the roster.
Q: Will entertainment options be expanded?
A: Yes, Touch of Italy will also explore adding more entertainment at other venues, like the Beach Club.
Q: Will previously booked private events, like weddings and banquets, proceed as planned?
A: Yes, all previously scheduled events will be honored. The team is already working to ensure a smooth transition for weddings, banquets, and community functions. For example, a May 1 event for The Parke community was specifically confirmed, with reassurances that everything will be ready.
Q: Will the menu for weddings and banquets remain the same?
A: Yes, Touch of Italy will honor existing wedding and banquet contracts. If couples would like to stick with their contracted menu, they can do so. However, additional menu options will be available to choose from, ensuring an exceptional experience for all events.
Q: What is the plan for ongoing community events, such as golf league banquets?
A: Touch of Italy is committed to supporting community events. Meetings with league representatives are scheduled to ensure a smooth transition and to address specific needs for events and banquets.
Q: Will trivia nights continue at the Yacht Club?
A: Yes, trivia nights will be maintained. Touch of Italy understands the popularity of this event and will work to ensure it continues seamlessly.
Q: Will the popular Thanksgiving buffet tradition continue?
A: Touch of Italy will review successful past events, like the Thanksgiving buffet, and plans to continue traditions that are well-loved by the community.
Q: Will the Yacht Club layout or design change?
A: Yes, Touch of Italy plans to “soften” the Yacht Club’s dining room area to create more privacy and comfort for guests, rather than having one large, exposed space. Additionally, improvements are planned for the downstairs bar to make it more comfortable by addressing structural issues like braces under the bar. The outdoor dining areas will also be optimized to provide a seamless and enjoyable experience for the community.
CLUBHOUSE GRILLE
Q: What about special pricing for golfers and
Q&A
From Page 7
other regulars?
A: Golfers can expect some special privileges, such as discounted beer prices at the Clubhouse Grille. These details are under review, and Touch of Italy is working with Ocean Pines management to evaluate current pricing and develop similar benefits.
SWIM AND RACQUET CLUB
Q: Is there any decision yet on whether TOI will want to run the Swim and Racquet Club snack bar this summer and apply for a license to sell beer and wine there and perhaps cocktails and upgrade menu items to include your signature pizza?
Put another way, is there any way for TOI to generate enough business at this smallest of OPA food and beverage venues to pay for operating costs and still make a profit?
A: Regarding the Swim and Racquet Club F&B operation, that is not in TOI’s scope and is solely up to OP on how it wants to operate there.
GENERAL OPERATIONS
Q: Did Touch of Italy identify any maintenance needs at the facilities?
A: Yes, Touch of Italy noted the following maintenance items: Yacht Club: Floor repairs in the kitchen, updates to the wallpaper, and coating improvements for the Tiki Bar’s concrete floor to make it easier to clean. Beach Club:
Paint touch-ups, thorough cleaning, and attention to the kitchen floor for safety. OPA has already addressed concrete work around the building to prevent slips and plans to update the flooring.
Q: What sets Touch of Italy apart as a management company?
A: Touch of Italy highlighted its ability to balance being “big enough to handle” the scale of Ocean Pines’ operations while remaining “small enough to pay attention” to the community’s needs.
The group has extensive experience managing similar venues, including the Sunset Island Bar and Grille, and is known for its hospitality and culinary expertise.
Q: How committed is Touch of Italy to the success of OPA’s food and beverage operations?
A: Touch of Italy emphasized its deep commitment to Ocean Pines.
The company has thoroughly evaluated the venues and is dedicated to delivering high-quality dining experiences that attract residents and visitors alike.
They see Ocean Pines as an integral part of their business and are investing significant resources into the partnership.
Q: How will Touch of Italy handle feedback or complaints from residents?
A: Founder Bobby Ciprietti provided his personal cell number (914-906-0175) for anyone with
concerns or suggestions.
The company is committed to listening to the community and making adjustments as needed.
Q: How will Ocean Pines ensure satisfaction with Touch of Italy’s management?
A: Both parties aim to maintain a collaborative relationship.
Rick Lawrence, financial operations lead for Touch of Italy, emphasized that feedback from Ocean Pines’ management, the Board, and residents will guide decisions.
If issues arise, both sides are committed to working together, and ultimately, contractual terms allow for resolution or separation if needed.
Q: What changes can residents expect on May 1?
A: The transition will be smooth. Touch of Italy is already working on menus, event planning, and equipment evaluations. Residents can expect gradual enhancements over time as the team gathers feedback and fine-tunes operations.
Q: Will Touch of Italy expand operating hours at the venues?
A: Yes. Touch of Italy plans to expand the hours of operation at all venues, especially at the Clubhouse Grille, ensuring services such as early morning coffee for golfers.
Q: Will Touch of Italy maintain the community-focused traditions at the venues?
A: Yes, popular events like free summer concerts at the Yacht Club patio will continue, alongside new enhancements to the overall food and beverage experience.
Q: Will gift cards from the previous operator still be honored?
A: Yes, Touch of Italy has committed to accepting gift cards sold by the prior operator.
Q: What changes can residents expect to the menus?
A: Menus will include a wide variety of items, not just Italian cuisine.
Expect options such as fresh seafood, burgers, chicken, lobster rolls, and even fajitas, alongside a few signature Italian dishes.
All menus will continue to cater to a casual, family-friendly environment.
Residents can share their menu suggestions, as Touch of Italy is open to feedback.
Q: Will pricing for food and beverages reflect the community, or be the same as at Touch of Italy in Ocean City?
A: Pricing will be tailored to Ocean Pines residents, with an emphasis on affordability.
The goal is to ensure that offerings, including happy hour pricing, resonate with the local demographic.
Q: Will Touch of Italy maintain high-quality, fresh ingredients?
A: Absolutely. Dressings, sauces, and soups will be prepared from scratch using fresh, preservative-free ingredients in their commissary kitchen in Rehoboth to ensure consistency and quality.
Q: Could a deli or bakery be incorporated into the venues?
A: Touch of Italy’s commissary provides high-quality Italian and assorted baked goods to its locations, and similar offerings will be introduced in Ocean Pines.
While a full Italian deli isn’t confirmed, seasonal and event-based deli options are being considered.
Q: Will there be affordable food options, especially for children?
A: Yes. Kid-friendly items will be included on the menu at reasonable prices.
However, specific pricing details are still being evaluated. Touch of Italy aims to remain competitive while providing high-quality products.
Q: What gluten-free options will be available?
A: Menus will include a variety of gluten-free options, such as gluten-free pizza, pasta, and bakery items.
Additionally, most seafood dishes are naturally gluten-free.
Q: Will there be additional snack or drink options at other locations, like the Swim and Racquet Club?
A: Ocean Pines and Touch of Italy may explore the possibility of expanding offerings at locations like the Swim and Racquet Club, including applying for a liquor license.
Specific plans will depend on operational logistics and community feedback.
Q: Will there be changes to the point-of-sale (POS) system?
A: No. Touch of Italy will use the existing POS system, ensuring a seamless transition with no disruptions.
Q: Will credit card fees be passed on to customers?
A: This decision is still under review, and no definitive answer is available at this time.
Anglers to meet Feb. 8
The Ocean Pines Anglers Club will meet on Saturday, Feb. 8, at 9:30 a.m. in the Ocean Pines Library.
The Speaker is Fritz Pielert who was raised in West Ocean City and has fished “stinky beach” for 65+ years and is now retired as the “Mayor of Stinky Beach.”
An author of short stories with a lifetime of experience working the Ocean City docks, he’s seen Ocean City change from neighborhood working folks to the multimillion-dollar enterprise it is today.
During his creative lifetime, he has worked for Trimpers amusements as an artist and carpenter, and worked to help save the famous OC Life Saving Museum.
Fishing updates featured. All are welcome.
Frisbee golf transforms Bainbridge Park
By CINDY HOFFMAN
Contributing Writer
Bainbridge Park is one of a dozen parks in Ocean Pines. It used to be a quiet park with a playground, pond, and walking and biking trails.
Today, it has been taken over by frisbee golf.
“Disc golf sprawl is what I call it,” Carol Pomeroy, an Ocean Pines resident who frequently walks her dog through the park, said.
Pomeroy raised her concerns to the Ocean Pines Association about the idea of a frisbee golf course in Bainbridge Park in 2022 after she heard it was approved.
She was concerned that flying frisbees could be dangerous to children on the playground, and for those biking, fishing or walking through the park.
The “average speed of a disc golf throw is around 50-70 miles per hour,” according to discgolfnow.com.
Not only could people be injured, but dogs and wildlife could be as well. The pond is habitat for ducks, geese, herons, frogs, turtles and other wildlife.
When Ocean Pines scheduled a town meeting to talk about the golf course, Pomeroy organized neighbors to attend.
Even with the recruitment of about a dozen people at the town hall, the course became a reality and so did Pomeroy’s fears.
Today, Bainbridge Park is home to a 13 basket frisbee golf course,
Bainbridge Park is home to a 13-basket frisbee golf course. with the option of 18, with shared baskets. Tees and baskets are located in the woods and on the pond.
At the town meeting, Pomoroy said General Manager John Viola told attendees the baskets would not be situated near or around the pond. Today, there are six baskets that are sited so that a player would throw their frisbee over the pond.
She regularly sees frisbees in the
many discs end up in the pond.
“We have several methods to retrieve them. There are some who have these long ropes with triangle hooks on the end. They basically function like a disc fishing rod. I also own a pair of waders and have had some good success wading through the edges. I’ve probably personally pulled around 80 discs out of the pond, and I know others are probably around the same,” he said.
Some baskets are situated in what used to be a woodland trail for biking and hiking. But there is evidence that numerous trees, hollies and mountain laurels were cut down to clear paths from tee pads, which are covered in artificial grass or brick pavers, to the baskets. Tree saplings near the 17th tee were cut down to allow access over the pond. Piles of debris were left in what remains of the woods.
“We had to clear some very small trees and fallen debris, but typically we try not to clear trees or brush unless they become a hazard,” McAleer said.
The trees they are removing are small and can be removed without any type of permit. Anything large they must speak to Public Works to determine if it can be removed or not,” Debbie Donahue, the director of Recreation and Parks for Ocean Pines, said.
pond on her walks. The pond is too wide to easily retrieve discs that fall far from the shore. In fact, on the Bainbridge Park Disc Golf Facebook page, the administrator provided a summary from the Fall league and noted that “We threw 17 discs in the pond.”
Noah McAleer is one of three people in Ocean Pines who helps to maintain the course. He agreed that
The undergrowth used to be fairly thick with mountain laurel in the wooded area of the park. In an article on Discgolfpark.com about building a new course, it discourages building where undergrowth is thick as it is “time-intensive to remove enough brush to create fairways and later requires fairly frequent touch-ups to make sure it doesn’t grow back and make fairways unplayable.”
A walk through the now sparse-
SDead wildfowl at South Gate raises avian flu concerns
tate officials have collected several deceased wildfowl in Ocean Pines, which are scheduled to be tested for avian influenza (bird flu).
The Maryland Department of Natural Resources (DNR) confirmed that USDA-APHIS personnel collected the deceased birds near South Gate Pond on Tuesday and Wednesday, Jan. 28 and 29. . The collected birds included eight
domestic geese, four Canada geese, one cormorant, two common mergansers, one gull, one grackle and two black vultures.
The DNR emphasized that the Highly Pathogenic Avian Influenza (HPAI) virus, commonly known as bird flu, is endemic in wild bird populations.
Residents have been assured that outdoor activities remain safe, but DNR officials encouraged some pre-
cautions.
“Anyone who encounters sick or dead birds in the wild should avoid handling or moving them and instead report the findings to the Animal and Plant Health Inspection Service by calling 1-877-463-6497,” a DNR spokesperson said.
from outside Maryland should dial 410-349-8055.
Voicemails will be returned promptly.
11304 Manklin Creek Road, South Gate Ocean Pines (Manklin Creek & Ocean Parkway)
USDA Wildlife Services operators are available Monday through Friday, 8 a.m. to 4:30 p.m., excluding state holidays. Individuals calling
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Page 11
ly wooded area shows regrowth of mountain laurels that were cut down. That regrowth will have to be regularly cut to access the baskets.
Pomeroy has talked with a number of the players on the course. None have lived in Ocean Pines. The course is listed on UDisc.com so anyone interested outside of Ocean Pines can find it.
The majority of the players in the last year came from over 100 miles away.
“Our course is a hotspot for traveling disc golfers, as it’s the closest course to anyone vacationing in Ocean City,” McAleer said.
“The course traffic varies and is very season-dependent. In the summer, anywhere between 100-200 rounds will be played per month, and that only counts players who logged their round with UDisc. Obviously the number goes down in the winter,” McAleer said.
The development of the disc golf course was supported by Eastbound Disc Golf, a non-profit in Salisbury, said McAleer. “We also fundraised for materials by running disc golf leagues.
Additionally, Home Depot donated a large portion of the lumber and concrete needed for the tee sign installation. Ocean Pines paid for the new tee signs.”
Bainbridge Park is a 14-acre park, far smaller than most frisbee golf courses in the area. Trappe Pond in Laurel, De., is 3653 acres, Decatur Park in Berlin is 582 acres and John Walter Smith Park in Snow Hill is 82 acres.
Before the disc course went in, there was talk of replacing the old playground equipment. That has not happened. Donahue said these plans are still in play. There was also talk of placing new benches in the park, which also has not happened.
Steve Jacobs’s motion on Search Committee passes on second reading
Board now has the authority to appoint one if the president doesn’t
By ROTA L. KNOTT Contributing Writer
Changes to Resolution M-09, Candidate Search Process for OPA Board Elections, to make it more consistent with the Ocean Pines Association’s by-laws and the Board of Directors candidate vetting process was approved during the Jan. 25 Board meeting on second reading
Director Steve Jacobs offered the motion to end what he said was an inconsistency between the Board resolution and the by-laws.
Jacobs said the proposal is to revise the current Resolution regarding the Search Committee and ensure that the correct candidate
application form is appended to the resolution.
The Board unanimously approved the amendments.
As background, he said the OPA by-laws provide for the president’s appointment of a Search Committee, subject to confirmation by the Board. However, there is a provision that the lack of a Search Committee has no effect on the validity of the election.
As amended, the resolution will simply give the Board the authority to appoint a Search Committee.
For the last several years a Search Committee has not been appointed. At various times, including prior to the last extensive review and mod-
ification of the by-laws, there had been discussion regarding the need for a Search Committee.
The changes remove redundant or incorrect provisions, aligns responsibilities in this resolution with what is found in the by-laws relating to the role of the association secretary and adds to this resolution the correct application form for all Board candidates. There are some formatting modifications and minor technical and conforming corrections as well.
The OPA by-laws provide for the president’s appointment of a Search Committee, subject to confirmation by the Board.
the lack of a Search Committee has no effect on the validity of the election.
In recent years, no search committee has been appointed, with little apparent effect on the number of candidates running for available seats on the Board.
This year, OPA President Stuart Lakernick is thought to be considering a bid for reelection, which might make appointing a Search Committee for him somewhat awkward if not inherently conflicted.
In addition, the application form for candidates to run for the Board has also been changed somewhat.
In a Jan. 3 telephone interview, Jacobs had said he may bring up the amendment for a vote at the Board’s January meeting if the By-laws and Resolutions Advisory Committee, to which he’s the Board liaison, votes in support of it.
The proposed language has been vetted by legal counsel, Jacobs said, with no reported objections to the text.
With the revision of M-09 approved, any director could ask that his colleagues appoint a Search
However, there is a provision that
From Page 14
Committee.
Jacobs made no proposal to do so during the Jan. 25 meeting.
The role of the committee, when formed, is to stimulate community interest in the upcoming Board election, solicit candidates from a broad spectrum of the Ocean Pines membership, provide information to, or otherwise assist potential candidates with the application process.
The committee would work with OPA staff to publicize the coming Board election and search for candidates, in association and local media. The notification would include eligibility requirements, Board duties and responsibilities, where, when and how to obtain and submit applications, and typical election events and timelines.
Candidates are encouraged to confirm with the OPA assistant secretary that the application form, as appearing in the book of resolutions, is the one in current use.
Committee materials, including a confidential list of the people contacted and their possible interest in running for a Board seat, would be
retained for the next committee, to be stored in a manner that is accessible only to the committee and staff members designated by the general manager.
The general manager is responsible for making suitable storage space available for the materials, which may be destroyed after one year. The general manager can designate one or more staff person to assist the committee in performing its responsibilities.
The OPA secretary will notify each candidate in writing of their eligibility or ineligibility, acceptance or rejection of the application, including the basis for any finding of ineligibility or reasons for rejection.
The secretary will submit the list of eligible candidates to the Elections Committee no later than June 1, and will reject late applications, without regard to the applicant’s eligibility status. The reason for a rejection shall be included with the notification.
Candidate applications may be disclosed to the Board if necessary to address election-related matters and will be publicly disclosed once an applicant is deemed eligible to run in the election.
Joint effort locates missing child
Ocean Pines Police Chief Tim Robinson at the Jan. 25 Board of Directors meeting detailed efforts conducting a high-profile search the previous week for a missing 10-year-old boy, which captured widespread community attention. The boy was ultimately found safe in a garage after a coordinated effort involving multiple public safety agencies.
The search began shortly before 5 p.m. and quickly mobilized resources, including the Ocean Pines Volunteer Fire Department, Maryland State Police, and Ocean City Police Department, among others. The search included aerial support from the Maryland State Police helicopter and thermal imaging drones from Ocean City Police.
“I’m very pleased with the efforts of everyone involved,” Robinson said, praising the swift response from local, state, and regional agencies. He highlighted the work of the Maryland State Police search manager, whose expertise was instrumental in the search effort.
Robinson expressed gratitude to the Ocean Pines community for their support, noting the influx of text messages, social media posts, and volunteers who offered to assist in the search.
Joe Enste, president of the Ocean Pines Volunteer Fire Department, issued a press release about the incident. He said more than 135 concerned citizens reported to the South Station to assist, braving snow and sub-20 degree temperatures.
The child, who is autistic, was reported missing at approximately 5:40 p.m. and was located safely by 8:07 p.m. after a coordinated search involving over 50 fire and EMS personnel, more than 50 law enforcement officers, and numerous emergency services staff.
“Last night truly highlighted the strength and compassion of our community,” Enste said in the release. “We are deeply grateful to everyone who played a role in this successful outcome ...”
Board authorizes RFP for vendors to manage election
MK Elections won’t be automatically given new contract
By TOM STAUSS Publisher
While the Ocean Pines Association’s Elections Committee continues to endorse a return of MK Elections of Pittsburgh, Pa., to work with it as the vendor that would handle the preparation, mailing and counting of ballots in the 2025 Board of Directors election, the firm won’t be given the contract more or less automatically.
In a Jan. 30 special meeting, the Board of Directors voted to authorize and direct the Election Committee to formulate the parameters and content of a request for proposals from multiple election vendors to provide assistance with the 2025 Board ejection.
A motion by John Latham, the
committee’s Board liaison, also authorized OPA management to work with the Election Committee “in that regard and to issue the RFP; with the proposals to be for an election vendor contract with a term of three years.”
The motion recognizes that approval of any election vendor contract must be obtained by the Board before execution of any such contract.
In offering his motion, which was unanimously endorsed by his colleague, Latham acknowledged that the committee, in its 2024 report on the conduct of the 2024 Board election, recommended that the tabulation of votes in future Board elections continue to be handled by an outside election vendor, in a manner generally consistent with MK Elec-
tions’ handling of the 2024 Board Election.
“The Election Committee recommend continuing to use MK Elections, and further recommended that the next election vendor contract carry a term of three years. The Election Committee also expressed a preference to stay with MK Elections as the election vendor, and this recommendation should carry weight,” Latham said.
But he was not ready to ask the Board to rubber-stamp the committee’s recommendation.
Citing Section 9.05 of the OPA by-laws and its requirement that all contracts for services” shall, to the fullest extent practicable, be made by open competitive procedures, it is incumbent on the Board and OPA to seek proposals from vendors other than MK Elections,” he concluded.
Latham noted that his motion sought only authorization for the Election Committee and OPA management to move forward with formulating and publishing the subject RFP. Authorization of entering into a contract with a selected election vendor will occur at a subsequent time, he said.
While he didn’t mention it, the drafting of a new RFP could tinker somewhat with a requirement in the board’s elections resolution for remote observation of the ballot count. That requirement was a factor in MK Election’s bid price in the mid-$20,000, higher than previous elections have cost the OPA.
The committee’s report also said the committees finds “that the requirement for remote observation of the ballot count unnecessary because ballots are electronically machine read and disputed ballots are set aside and adjudicated by humans. Moreover, and as experienced during the 2022 election, there was no way to observe electronically submitted online ballots. The same was true in 2023 and 2024 and will likely be true going forward.”
The report said that the remote observation requirement shrinks the number of contractors that would be able to manage the Ocean Pines election process.
If that requirement remains unchanged in the RFP that will be developed for release, then it may be that MK Elections will have an advantage as proposals are submitted to the OPA.
On the other hand, if another vendor can offer some sort of remote observation at a lower cost than MK Election was able to offer last year, then MK Election’s built-in advantage might dissipate.
The new RFP process will give the OPA’s long-time previous vendor, Ace Printing and Mailing of Berlin, another opportunity to recapture business it lost two years ago. The firm can handle the preparation and printing of ballots and never had any particular problem counting ballots, with the final counting of ballots some years occurring at the OPA’s Administration Building in the view of committee members.
More recently, however, the committee has not wanted to be in the room where ballots are counted, preferring to separate its oversight role from the ballot count.
It would seem plausible that if Ace Printing’s Thom Gulyas wants to re-
Brady introduces Good Neighbor program Board receptive to
By ROTA L. KNOTT Contributing Writer
Anew Ocean Pines Good Neighbor program will recognize and celebrate residents who are helping others and improving the community in large or small ways. The Board of Directors during its Jan. 25 monthly meeting approved a proposal from the Communications Advisory Committee to establish the program.
Director Elaine Brady, liaison to the committee, presented the proposal for Board approval. “We have lots of folks doing nice things with their neighbors,” she said, adding the committee wants to recognize them for their good works. “I think it’s a great positive thing for our community,” she said.
Brady said the proposed program
Election RFP
From Page 18
gain his lost OPA business, he could simply set up some sort of camera in his Berlin offices and broadcast the process of counting ballots live. It wouldn’t be particularly riveting to watch for several hours, but it might meet current requirements in Board Resolution M-06 that governs the conduct of Board elections.
Section 9 of M-06 says that if ballot counting is delegated to an independent contractor, “and if that contractor can and is willing to provide an observable count, provisions may be made in the committee’s discretion for remote and/or on-site observation by Association members.”
That language conceivable could give the administration and the committee some authority to draft an RFP that doesn’t include remote or on-site observation, but it remains to be seen whether they will do so given that there could be backlash by critics. When the RFP is released, it may become clearer whether the OPA still wants to accommodate remote viewing.
In the last two elections, remote viewing included on-line adjudication of disputed ballots by committee members, and it’s possible that this process, live streamed from MK’s offices in Pittsburgh, could continue under whatever vendor is selected by the Board to handle this year’s Board election.
proposal from Communications Advisory Committee
picks up on an earlier committee suggestion that Ocean Pines create an “attitude of gratitude” effort to recognize good deeds.
While the committee still needs to finalize details of the process for nominations and recognition under the program, Brady said a Good Neighbor could be recognized every month. Nominees must be an Ocean Pines property owner or resident to be nominated. Nominees can be someone the nominator knows personally or someone they’ve just observed doing good works.
People can be recognized for small or large contributions in the community. For example, someone could be recognized for organizing a neighborhood clean-up or block party, rallying others to contribute to a food or clothes donation pro-
gram, or assisting a neighbor who is physically unable to do their own yard maintenance, dog walking, or other regular tasks. Other examples included regularly picking up litter or doing other small tasks to beautify the community, volunteer with community organizations, or inspire others through their community spirit and kindness.
Brady said the committee will manage the program and ask people to nominate neighbors for the recognition each month. She said Ocean Pines public relations team will help get the word out about the program and a dedicated email address could be established for people to send in nominations. The program and nominations will be heavily promoted on social media and whatever other channels the committee can reach.
Each month, the committee will review the nominations and make a recommendation to the Board of a neighbor to recognize. Brady said this will require no staff involvement.
One idea under consideration is to bring monthly winners before the Board for recognition and to give them a token of appreciation like a $50 gift card to the Yacht Club. The committee may seek a sponsor for the program and to help underwrite the prizes.
The monthly winners could all be recognized at the annual season kick-off, annual meeting, volunteer appreciation dinner, or other Ocean Pines Association event.
The Board unanimously approved proceeding with implementation of the program.
Resident questions cell tower placement
Lakernick says ‘no plans’ exist, but doesn’t say there won’t be
By ROTA L. KNOTT Contributing Writer
Ocean Pines doesn’t need a new cell tower, according to one property owner who addressed the Board of Directors during the Public Comments segment of the Jan. 25 monthly meeting. Dave Tanner said the Ocean Pines Association has property restrictions to protect the character of the community and agreed to be party to a lawsuit seeking to stop construction of an offshore wind farm, but yet it wants to have a cell phone tower built in the community.
Tanner said that the OPA was joining in the suit in opposition to the aesthetics of a windfarm off the coast of Ocean City.
Tanner called it absurd that the Ocean Pines administration has invited a contractor to build “an ugly” cell tower. He called on the Board to put an immediate halt to further discussions about having a new cell tower built to serve the community.
He argued that people chose to live in Ocean Pines because of the character of the community and a cell tower would ruin it. He said cell towers degrade property values.
He acknowledged that cellular coverage from certain providers can be spotty at times in Ocean Pines. But, he said, no one has done due diligence to determine the actual cause of lapses in coverage.
Consumers have the choice of lots of other providers with better service if they don’t receive good coverage by their current cell company, Tanner said.
There is a cell tower near the North Gate, and if it can service Ocean City then it can serve Ocean Pines, he said. He added that Verizon has a tower
behind Pines Plaza and south of Ocean Pines near King Richard Road, as well. He said when Worcester County denied a request by Verizon to install a tower at the Ocean Pines wastewater plant, the company met that need with four low cell stations along Route 90.
“Our little community is surrounded by cell towers and more than adequate coverage,” Tanner said. He said the consumer should be driving change if they are not happy with the service they receive from their provider. They can change providers, he added. Tanner called comments that an additional cell tower is needed for safety reasons “fear mongering.” He said it’s not true that calls to 9-1-1 will not go through in an emergency.
“There is no safety issue,” he said. He added that a cell phone contract is not even needed to call 9-1-1.
OPA President Stuart Lakernick responded to Tanner’s comments saying there is no plan to construct a cell phone tower and no site has been selected for such a project.
He said Police Chief Tim Robinson has been investigating opportunities for enhanced cell coverage in the community.
Lakernick called rumors of plans for a new cell tower “patently false.”
Director Jeff Heaver challenged Tanner’s comments, saying “Your premise on the wind turbines is highly inaccurate.” He said the OPA isn’t opposing their construction for purely aesthetic reasons. He said they can have an impact on marine life, have maintenance challenges in ocean, failure and potential ecological nightmares, and there are better ways To Page 22
Cell tower
From Page 20
to develop clean energy.
“We’ve had zero conversations,” Director John Latham said of a new cell tower in Ocean Pines. He said a lot of people have a misunderstanding that such a project is planned but it’s not.
“It just causes some angst with folks in our community, and there’s no reason for it,” he said.
Robinson has informed the Board at previous meetings that he’s been in contact with a contractor who would be willing to build a cell tower in or around Ocean Pines, with capacity sold to area phone carrierss.
The OPA would be paid land rent if the tower is on OPA property.
It’s always seemed as if the Board and Robinson were on the same page when it came to a cell tower, but that’s not necessarily the case.
No recommendation by Robinson to the Board and General Manager John Viola on potential sites within Ocean Pines for a cell tower has been received in the OPA Administration building.
Digital signage to be installed when weather
By ROTA L. KNOTT Contributing Writer
Four new digital information signs will be installed in the “commercial” areas of Ocean Pines when the weather improves this spring.
Directors Elaine Brady said during the Jan. 25 Board of Directors meeting that she is “very excited to see this project finally get to the end phase.” She said having the digital signage in commercial areas in the community versus residential areas will enhance the appearance of the community while providing information to residents.
Linda Martin, director of business administration, said Worcester County Commissioners on Jan. 21 approved a change to the county code to allow the signs. Per that county approval, once the new digital signs are installed the remaining median signs along Ocean Parkway and any temporary signage needs to be removed. Directional signage and sectional signage can remain.
The four additional digital signs will be installed
at Manklin Creek Road, Cathell Road, the Yacht Club entrance, and the Community Center.
Martin said all four signs are in stock and Phillips Signs will install them with assistance from Public Works when the weather improves.
Brady said replacing the plethora of signs along Ocean Parkway with the few digital signs will help beautify the community. She said nearly 80 unnecessary signs have been removed already.
“It’s kind of a nice drive down there now,” she said of the improved appearance along Ocean Parkway.
Watercraft boat slips available
Six new personal watercraft slips are available to rent at the Swim and Racquet Club marina, General Manager John Viola said during the Jan. 25 meeting. The slips are expected to be available for use by May 1, with the cost of materials and installation at $20,000. Two and possibly four have already been
GM Report
From Page 22
rented, he said.
Viola said anyone interested in renting one of the six floating slips should contact the Ocean Pines Association’s administrative office. He said there has been interest by residents in renting the slips already.
He touted the conversion of a handful of boat slips to PWC slips as a way to maximize use of the Swim and Racquet Club marina. He said there are a few open slips at the marina that cannot be rented out to boaters because the water depth is too shallow. But by installing jet ski lifts, those otherwise unusable slips can be rented for PWCs.
Beach Club, gymnasium maintenance under way
Two maintenance issues, one at the Beach Club and another at the Community Center, were addressed.
The wooden walkway at the Beach Club was replaced with a sidewalk around the building to address drainage and safety issues. Viola said the boards on the wooden walkway started to buckle during the summer season and someone fell. The OPA hired a contractor to replace the walkway at a cost of $4,500.
Public Works crews repaired a separation in the floating floor in the Community Center gymnasium. Viola said this is an annual maintenance item as the floor separation happens and “it’s an easy fix.”
Viola provides initiative update
Viola provided the Board with an update on a variety of ongoing initiatives during a Jan. 25 meeting.
He said renovations and expansion of the racquet sports building are behind schedule due to weather. The project includes renovations of the restrooms and pro shop and extension for the building. Work was expected to start by the end of January.
Repairs of the canal bridge at the fourth tee on the golf course have been delayed by winter weather. Viola said the work, which involves installing new decking and rails, will begin on Feb. 3. The project cost is $40,000. Also at the golf course, work on the driving range building has been completed.
The OPA is in the beginning stages of design and cost estimates for a new Bocce Ball court, with hopes of completing it by Memorial Day. Viola said about 100 people have signed up for a Bocce Ball league.
OP over budget for snow removal
Three snowstorms in January have put the OPA over budget on snow removal expenditures. Martin said the costs incurred for the Jan. 6, 11 and 21 snowstorms are nearly triple the budget for the year.
Martin said $10,000 was included in the budget, but currently snow removal expenditures are $27,519. She said that total cost includes overtime labor for employees, funds to pay a contractor for mailbox pad cleaning and
1,595
Dashboard data
As of Dec. 1, there were 299 outstanding property violations outstanding with the Compliance, Permits, and Inspections office. Another 179 violations were initiated during the month, including 25 maintenance, trash or debris; 11 no permit, four signs, and 139 miscellaneous, such as parking, stop work orders, trailers, and junk vehicles.
Martin said permit expirations were the hot topic last month. She said CPI is trying to close out projects that were permitted but not completed within the allowed year. “We are finding a whole bunch that have not finished a project after a year,” she said.
CPI closed out 176 violations during the month, but there were still 302 remaining as of month end, including 67 maintenance, trash and debris, 55 no permit, 14 signs, and 166 miscellaneous. Of those remaining 302 violations, 70 have been referred to legal counsel.
Public Works had 79 open work orders as of Dec. 1 and received 48 new work orders during the month. It had 42 open at end of the month, with 29 of those open work orders are for drainage issues.
The OPA had 43 customer service contacts in December, including ten for amenities, ten for CPI, 19 in general questions or comments, and four Public Works.
‘Crafter of the Month’
The Pine’eer Craft Club has announced Susan Moore as its February Crafter of the Month. A longtime crafter and retired librarian, she grew up in Easton and recently returned to the Eastern Shore after living in southwest Virginia for many years. She now resides in Berlin. Her love of crafting began as a young child and was inspired by her grandmother, who taught her many of the skills she uses today. She specializes in making teddy bears with hand-knitted sweaters, quilted wall hangings, pillows, and full-sized quilts. Most of her creations are crafted by hand using traditional patterns and methods. Her creations can be found at the cub’s gift shop in White Horse Park, open Saturdays from 9 a.m. to 3 p.m. and Sundays from 10 a.m. to 2 p.m.
Credit card fees suggested during Jan. 25 Public Comments
Viola says he’s willing to consider adding items that would be assessed convenience fee
By ROTA L. KNOTT Contributing Writer
The Ocean Pines Association should charge a convenience fee for use of credit cards at its amenities, said one OPA member during the Public Comments segment of the Jan. 25 Board of Direc-
tors meeting.
Karen Kaplan said the proposed fiscal year 2025-26 budget shows that the OPA is absorbing $170,000 in credit card fees at the amenities.
She noted the fees already charged when people use credit cards to pay their annual assessments.
Kaplan said it is common for someone using a credit card at convenience stores and for utilities to have to pay a convenience fee for the ability to do so.
She said the OPA should consider levying such a fee for use of a credit card when paying for things like
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buying gas at the Yacht Club marina.
“I don’t know why we can’t collect it,” she said.
General manager John Viola was initially confused about what Kaplan was asking, and said the OPA doesn’t charge fees for items purchased at the amenities. When he realized she was asking why not, he said the OPA could consider doing so.
Kaplan, speaking as president of the platform and spec tennis club, also asked about the trajectory for racquet sports membership fees. She said during a Jan. 8 Board budget review meeting,
Viola spoke about a three-year plan for membership rates with trajectory for dues of $500 for individuals and $800 for families. “As of today, is this the plan?” she asked.
Not in 2025-26 at least.
The latest version of next year’s budget calls for a member rate $495 for families and $295 for individuals, which cover access to all three racquet sports, tennis, platform tennis and pickleball.
These rates replace the single-sport rates that have been in place for years.
There would have to be some rather steep increases to get to $800 and $500.
Board Resolution M-02 states that when setting amenity membership fees the OPA should try to at least break even. “Even with the proposed increases we won’t be there yet [in racquet sports],” he said. “So that’s what I’m talking about.”
Kaplan said the golf course is now “doing great” after development of a five-year plan. She said the OPA has a great golf course and everybody’s happy with the revenue it is generating.
She wished that the OPA had a similar five-year plan for the racquet center.
OPA member Amy Peck spoke about the OPA budget process and the posting of budget revisions on the OPA Website.
She said there are multiple versions of the draft budget shared online but it is hard to track changes made from one version to another because the changes are not dated or highlighted.
Peck also said rates for amenities like racquet sports have been added, deleted, and changed throughout the versions of the budget.
When it comes to racquet sports, she said a majority of members are
over age of 65 and on fixed incomes, yet the proposed budget raised rates for a combined three-sport rate over individual sport rates now in place.
Peck noted that Viola has indicated the racquet sport rates will continue to increase in future years. She said Resolution M-02 has an entire section devoted to customer satisfaction and the importance of growing membership.
“It’s all about covering our cost,” Director Jeff Heavner told Peck. “What we’re trying to do is provide a first class racquet center, cover all of the maintenance, and eventually break even.”
Viola said costs have gone up at the racquet center due to added resources like a director and dedicated maintenance person.
The proposed budget is evolving as staff receives feedback from the Budget and Finance Advisory Committee and the Board; that’s why there are multiple drafts posted on the OPA website, he said.
Technically, multiple drafts aren’t posted on the Website.
There is a summary of changes over the course of weeks as the budget evolved, but the budget itself has been a single posted document called “FY26 budget binder.”
The summary of changes is the first page of that file. There have been at least six dates when changes were made to the buget, according to the summary
Viola said staff can note the changes from draft to draft going forward. Still, he pointed out to Peck, “obviously you didn’t have a problem finding the changes.”
Lora Pangratz chastised the Board for being discourteous to property owners making public comments.
She said the directors are going to correct people when they speak about an issues, then “let’s do it nicely.” She said the Board should not imply that it was a waste of time to speak.
Pangratz said everyone doesn’t need to be “best friends” but they should respect every opinion. She said it worries her that “if we don’t have the same mainstream thought process, we’re told that we’re not correct, not valid.”
She said it is hard to get people to volunteer and the OPA should not do anything that deters community members from becoming involved. She cited members helping to clear snow from the racquet sports courts as an example of the volunteer spirit at work.
Lakernick touts volunteerism in president’s remarks
By ROTA L. KNOTT Contributing Writer
During his president’s remarks at the Jan. 25 Board of Director meeting, Stuart Lakernick encouraged residents to volunteer in the community and with the Ocean Pines Association.
Lakernick said Ocean Pines is more than a collection of houses. “It’s the people who step up,” he said, adding “Volunteers are the heart of our community.”
He thanked volunteers for the time, skills, and act of kindness they give. He said each home in Ocean Pines is filled with people who care about their neighbors and the spaces they share.
He issued a call to action for residents to volunteer for the countless available opportunities, everything from participating in community cleanups to serving on an advisory committee to running for the Board.
“It can be incredibly rewarding,” he said, adding it helps to build a strong, more connected and vibrant community. “Together we can accomplish so much more.”
OPVFD issues heating cautions
Residents are being urged to “please be smart when we’re heating our homes,” by Joe Enste, president of the Ocean Pines Volunteer Fire Department.
Enste reminded people during the Jan. 25 Board of Directors meeting that any type of gas or wood burning appliances may emit carbon monoxide. He said the OPVFD recently had a call from a resident about a hot water heater that was leaking and emitting carbon monoxide.
“If they didn’t have a CO detector they wouldn’t have known about it,” he said.
Enste cautioned residents to “not do anything out of the ordinary” to try to heat their homes. He said generators should never be run inside and space heaters should only be used when someone is home and paying attention to them.
In addition to safety reminders, Enste provided updates on the Fire Department’s fundraising efforts.
“We’re still doing our Queen of Hearts game,” he said, adding that new fundraisers will launch in the coming weeks and months.
Police chief details service calls
During the Jan. 25 Board of Directors meeting, Police Chief Tim Robinson detailed calls for service handled by the Ocean Pines Police Department since the December Board of Directors’ meeting.
The OPPD handled 132 traffic incidents, including 38 for speeding, 23 stop sign violations, 1 DUI, 1 suspended license, 1 uninsured motorist. There were no reportable motor vehicles collisions during the last month.
Police also handled 2 vandalisms, including making 1 arrest on view, 2 domestic assaults, 2 thefts by fraud, 1 burglary of a business at the shopping center on Nicholas Lane, and 9 calls for emergency petitions or mental health issues.
CPI violations sent for legal action
Seven properties were found to be in continuing violation of the Ocean Pines Association’s restrictive covenants and guidelines by the Board of Directors during a Jan. 25 meeting.
Properties cited for one violation each were 88 Seafarer Lane for a fire pit, 37 Garrett Drive for an oversized box truck, 628 Ocean Parkway for a junk vehicle, 48 Camelot Circle for a tree attachment, 9 Chestnut Way for deck screening, and 5 Sassafras Lane for oversized vehicle parking. The owner of 8 Willow Way was cited for two vehicle parking violations.
Linda Martin, director of business administration, said all property owners received appropriate notification of the outstanding violations, and none of them requested a hearing before the Board.
The Board voted unanimously to find the properties in continuing violation and to suspend the voting and amenity rights of the owners.
Committee appointments made
The Board of Directors made several appointments to standing advisory committees during a Jan. 25 meeting.
Gary Murray and Michael Galello were appointed co-chairs of the Architectural Review Committee. Ken Meekins was appointed for a first term to the Architectural Review Committee.
Mary Hastier was appointed for a first term to the Aquatics Advisory Committee.
County to be replacing water meter registers throughout 2025
Worcester County Public Works Water and Wastewater (WWW) Division staff will be replacing touch pad water meter registers in Ocean Pines, Mystic Harbour, and Newark water service areas now through the end of 2025 during normal business hours.
Because water meter pits should always remain easily accessible, property owners in these areas are asked not to park over water meter pits, place mulch or any other covering over the lids, or erect yard decorations in
areas that could block access to the meter pits.
This project is necessary to replace the existing touch-pad style water meters and associated reading equipment that are no longer supported or built by the manufacturer.
WWW staff will be entering the yards of water users to access the meters.
For more information, call WWW at 410-641-5251, Monday – Friday from 7:30 a.m. to 4 p.m.
Proposed 2025-26 budget headed for approval later this month
Creation of Food and Beverage department, consolidated membership rate for racquet sports, slightly higher boat slip and jet ski rates are most significant changes from initial proposal
By TOM STAUSS Publisher
When Ocean Pines Association General Manager John Viola presents the latest iteration of the proposed 2025-26 budget at a Feb. 5 townhall meeting, it will have some changes from the initial version released in late December.
The changes don’t affect what most OPA members care most about, a proposed $25 increase in the base lot assessment and $50 increase in waterfront rates paid by most owners of bulkheaded property in Ocean Pines.
The two most significant changes are the creation of a new Department of Food and Beverage, made possible by the signing of a lease with Touch of Italy for the management of Ocean Pines’ three food and beverage venues, and the elimination of separate membership rates for tennis, platform tennis and pickleball.
The latter is the more controversial.
A new consolidated racquet sports membership rate for individuals and families replaces rates for the individual racquet sports.
While it appears that a Board
majority is in favor of this consolidated rate, its the one area within the latest budget version most likely to attract some dissent at the scheduled Feb. 5 townhall from members of the pickleball and platform tennis club.
That’s because those who have been used to purchasing memberships in these two sports separately will be paying more for the new consolidated rate that will allow them to use any of the racquet sport options at the Manklin Creek Road tennis complex.
The new proposed consolidated rate covering all three racquet sports is $495 for families and $295 for individuals.
This compares to current rates for pickleball and platform tennis of $325 for families and $200 for individuals.
That works out to about 50 percent more year-over-year.
“We’ll have a presence at the townhall,” platform tennis and special tennis club president Karen Kaplan told the Progress recently.
Presumably that means her members will show up to urge Viola and the Board of Directors to restore individual sport options.
Last year at this time, deter-
mined opposition derailed a proposal to consolidate the racquet sports rates, but it seems less likely that will happen this year.
OPA President Stuart Lakernick is a among a Board majority that has spoken out in favor of a single rate covering all three racquet sports, citing the recommendation of Racquet Sports Director Terry Underkoffler.
Lakernick predicted that the Board majority, which in a budget review meeting in early January directed Viola to create the consoli-
dated rate, will support it when the budget comes up for a vote at the Board’s monthly meeting in February.
“You can quote me on that,” he said.
Director Monica Rakowski, the OPA treasurer, during the budget review meeting in early January dissented from the apparent majority view.
She made the point that pickleball members in their 70s aren’t interested in playing tennis and platform tennis available at the Racquet Sports complex in South Ocean Pines.
A single rate allowing members to play tennis, platform tennis and pickleball would force those who only want to play a single sport to pay more than they would for single sport memberships, she said.
“We’d be shooting ourselves in the foot,” she said, predicting a drop in memberships and revenues if the Board proceeds with the single membership option.
One way to mitigate the effects of the consolidated rate would be to
ASSESSMENT RATES
ASSESSMENT RATES
FISCAL YEAR 2025-26
FISCAL YEAR 2025-26 PROPOSED ASSESSMENT RATES Fiscal Year 2025-26 u
New Food and Beverage Department created
The latest budget iteration projects a $562,000 return for the OPA under
BY TOM STAUSS Publisher
The newly created Department of Food and Beverage Department contained in the latest iteration of the proposed 202526 Ocean Pines Association budget should produce a robust increase in net earnings over what the three food and beverage venues will generate in the current fiscal year.
On Page 56 of the latest version of the proposed budget posted on the OPA Website, the projected net earnings for the new department
is $562,315, comprised of rent and other revenue, which is the OPA’s 6.5 percent of food revenue generated at all three venues.
This compares to an estimated $333,757 net this year at the three venues, the Yacht Club, Clubhouse Grille and Ocean Pines Beach Club.
That’s a spike of $228,558.
How did General Manager John Viola and Director of Finance/Controller Steve Phillips get to their $562,315 projection?
At $32,000 per month in lease payments under , that works out to $384,000 for the year.
the new lease agreement
The “other” revenue stream under the lease agreement is 6.5 percent of food sales, and Viola and Phillips have taken 6.5 percent of food sales from 2023-24, the last full year of operations by the Matt Ortt Companies, to calculate food sale revenue for next year.
It seems like a reasonable assumption, as the current fiscal year has not been great for the Yacht Club in particular and would provide too low a target for projected food revenues. The initial budget draft released in late De-
Food and Beverage
From Page 28
cember projected a loss at the Yacht Club of just under $17,000 this year.
Touch of Italy will taking over management of Ocean Pines’ three food and beverage venues as of May 1 under a lease agreement.
According to a Progress calculation, if TOI generates in 2025-26 the same amount of food sales generated by the Matt Ortt Companies in 2023-24, the fiscal year ending April 30 of 2024, at 6.5 percent OPA would be receiving $182,140 in food revenue-sharing from TOI.
According to the April 2024 financial report published on the OPA Website, the last month of fiscal 2023-24, the three venues brought in $2,802,154 in food sales that year. That total was comprised of $292,888 at the Clubhouse Grille, $348,882 at the Beach Club, $499,581 in Yacht Club banquet food sales, and $1,660,803 in non-banquet sales at the Yacht Club.
The math isn’t complicated; 6.5 percent of $2,802,154 works out to $182,140.01.
Proposed budget
From Page 28
offer a seniors discount, but there is opposition to that idea among staff because of apparent age discrimination concerns.
Underkoffler said members who don’t like a single rate membership could choose to pay a “highly reasonable” drop-in fee instead.
In the latest proposed budget iteration, it’s set at $10 for OPA members and $13 for outsiders.
The latter is down $2 from an earlier budget version.
The initial version of the budget had drop-in rates for tennis increasing from $11 to $15, while pickleball and platform tennis would have remained unchanged at $8.
The latest proposed change has it at $10, and it seems likely it will settle there, but another change is always possible.
In the end, of course, it’s up for t he Board of Directors to decide later this month.
For non-OPA members, drop-in rates in the initial budget proposal would have increased from $16 to $20 for tennis, platform tennis from $9 to $11, with the pickleball rate remaining unchanged at $11.
In the latest version the drop-in rate for outside players seems likely to settle across the board at $13.
When added to the rent of $384,000, $182,140 in food revenue-sharing totals $566,140, which represents the total return to the OPA if TOI would generate the same in food revenue as MOC did in 2023-24.
There are no operating expenses against that total for the OPA, as all operating costs are the responsibility of TOI
The worksheet on page 56 suggests Viola and Phillips are budget-
ing about $4,000 less than the Progress calculation, but it really is close enough.
Primarily because of the creation of the Department of Food and Beverage, the original projections of revenues and expenses for next year have changed.
The latest version of the budget projects a balanced budget of $15.927 million, with departmental expenditures of $12.846 million, bulkhead reserve spending of $1.199
million, and replacement and new capital reserve spending of $1.882 million.
This is much less than the original budget bottom line of $18.897 million.
The difference is that the original budget proposal contained revenue and expense estimates for the Yacht Club, Clubhouse Grille and Beach Club individually.
None of those projections are part of the new budget.
Medicare
Viola revamps racquet sports membership rates for 2025-26
By TOM STAUSS Publisher
The new multi-sport membership rate structure contained in the latest iteration of the 2025-26 Ocean Pines Association budget would result in some fairly hefty percentage increases in rates for those who play pickleball and
platform tennis under the current individual sport rate structure.
Those who currently have tennis-only memberships would not be nearly as hard hit, with individuals paying no increase at all.
The new simplified rate structure calls for memberships at $495 for families and $295 for individu-
als, with non-OPA member rates at $590 and $370 for families and individuals.
Viola revamped and simplified the rate structure after the Board of Directors at its Jan. 8 budget review meeting agreed to replace the existing individual sport options of tennis, platform tennis and pickle-
ball with a single membership covering all three for individuals and families.
Viola and Racquet Sports Director Terry Underkoffler are supporters of the single-rate approach. OPA Treasurer Monica Rakowski expressed opposition to the single rate during the Jan. 8 meeting, but a majority of directors opted for it. Viola agreed to include the revised rate structure as part of the 202526 budget set to be approved at the February Board meeting.
The latest iteration of next year’s budget appears on the OPA Website including the revamped Racquet Sports membership rate structure.
Viola projects a loss of $33,248 for Racquet Sports next year even while he projects an increase in memberships.
Here are some comparisons between the current rate structure and the combined three-sport rate next year.
Viola and Finance Director/Controller Steve Phillips estimated that the three sports at the end of the current fiscal year, 2024-25, will lose a scant $1,325, with tennis in the red by $61,674 and platform tennis losing $7,207, offset by pickleball’s estimated positive net of $67,556.
That’s a $31,920 net increase in operating deficit year-over-year.
They are projecting an increase in membership totals from 455 sold this year to 489 next year, 34 more, a 7.47 percent increase.
That in turn translates into a projected increase in Racquet Sports revenue, from the estimated $223,935 this year to $289,855 in 2025-26, or $65,920, a 29.44 increase at the same that most racquet sports members would be paying more in membership fees than they do now.
The exception would be those who currently have tennis-only memberships.
Current tennis rates for Ocean Pines owners and renters is $465 for families and $295 for individuals, with an after-12 rate of $195.
Those same individuals would pay $495 for the three-sport rate, $30 more than the tennis-only rate, a 6.45 increase.
There is no after-noon option in the latest proposal.
Families would pay the same for this year’s tennis rate of $295 under the new structure.
Pickleball and platform tennis members would not fare nearly as well.
Family pickleball memberships currently cost $325, but those who opt for the new combined sport rate will be paying $495, an increase of $170 or 52.3 percent. Individuals who now pay $200 for pickleball-only would be charged $295 or $95 more for the three-sport rate, an increase of 47.5 percent.
The same dollar amount and percentage increases are proposed for platform tennis, 52.3 percent and 47.5 percent, for families and individuals who are OPA members or residents of Ocean Pines.
For the few who have purchased the current three-sport option this year, those who opt in to the combined three-sport option in 2025-26 would pay substantially less than they do now.
The current three-sport rate for families would drop from $690 to $495, or $195 less year-over-year.
For individuals, the decrease would be from the current $440 to next year’s three-sport rate of $295, a drop of $145.
During discussion at the Jan. 8 budget review meeting, Viola suggested that the focus should be less on percentages and more on dollar amounts, perhaps anticipating that
some members would be paying a lot more for the privilege of trading up from a single sport to all three.
Rakowski said during the Jan. 8 meeting that the Board would be “shooting itself in the foot” if it opted for the three-sport membership. She predicted a drop in memberhip resulting from the change and a financial result further away from the goal of at least break-even oper-
ations. The question now is whether, with these mostly higher rates in racquet sorts, the 2025-26 budget will be adopted by the Board at its February meeting.
Last year, after many complaints from individual sport members, the Board opted out of a single, threesport rate, while promising to revisit the issue and adopt multi-sport membership in 2025-26.
For the year so far, the positive variance is more than $660,000
By TOM STAUSS Publisher
The Ocean Pines Association defied conventional wisdom that December can be a down month financially by recording a $90,369 operating fund variance, up from a relatively paltry $22,922 in November. As a result, the OPA’s financial performance for the year improved to $660,050.
According to a report issued by Controller/Director of Finance Steve Phillips in late January, December’s result reflected revenues over budget by $36,849 and expenses under budget by $53,520.
For the year through December, revenues were over budget by $362,160 while expenses were under budget by $297,890.
The OPA continues to be heading towards another excellent year financially, even if the positive operating fund variance falls short of $1 million, which now seems more or less certain.
As the OPA is into the coldest months of the year, when amenity activity tends to retract, all amenities with only one exception, tennis, were in the black at the end of December. All amenities except for pickleball and the Yacht Club were ahead of budget.
For December, all amenity operations were in the red, with one exception, beach parking, which is not operational this time of year.
One measure of financial success is how well an amenity is performing year-over-year.
Amenities that are not performing as well than they did a year ago include Aquatics, the Clubhouse Grille, and the Yacht Club.
The Yacht Club is off its pace of the year prior by more than $200,000, Aquatics by about $45,000, and the Clubhouse Grille by about $7,000.
As it has been for all of this year, golf continues to be the OPA’s most profitable amenity year to date, with $653,786 in net earnings through December and ahead of budget by $186,166. General Manager John Viola in remarks at the January Board of Directors meeting said that golf earnings are on a pace to cover depreciation expense at the golf course.
During December, golf recorded a $78,304 deficit, but that was ahead of budget by $5,893.
A year ago through December, golf had net earnings of $554,027. The year-over-year improvement was $99,759.
Beach parking continues to the second highest net producer for the OPA so far this fiscal year. Through December, this amenity had netted $509,793, ahead of budget by $14,727.
For the month of December when it isn’t operational, beach parking netted 11,496, missing budget by a scant $31.
A year ago through December, beach parking had netted $496,160. The year-over-year improvement was $13,633.
Marinas, also closed during the colder months, were the third highest net producer for the year, with a net of $267,479 and ahead of budget by $48,829.
For the month, marinas lost $5,090, missing budget by $1,071.
A year ago through November, marinas had earned $212,131 for the OPA. The year-over-year improvement was $55,348.
The Beach Club food and beverage operation continues its tradition as a cash generator for the OPA with only three months or so of operations. It generated $263,993 in net revenue through December, ahead of budget by $76,049.
During December, the Beach Club was in the red by $4,779, just under budget by $159. A year ago, the Beach Club had netted $229,539 through November. That’s a year-over improvement of $34,454.
The Yacht Club continues this month as the OPA’s fourth highest net producer so far this fiscal year. Through December, the Yacht Club brought in net revenue of $218,650, missing its budget target by $187,196.
During December, the Yacht Club lost $80,087, missing its budget target by $10,172. Through December of last year, the Yacht Club had netted $333,048. That’s a year-over-year decline of $204,331.
Aquatics remains a revenue generator for the OPA so far this year, with net earnings of $91,359 and a positive variance to budget through De-
cember of $25,291. During December, Aquatics recorded a $60,569 operating deficit, under budget by a modest $2,362.
Aquatics has slipped behind last year’s yearto-date performance. A year ago through December, Aquatics had netted $136,386. That’s a yearover-year decline of $45,027.
Though not a high revenue earner for the OPA, the Clubhouse Grille consistently operates in the black. Through December, it had netted $109,207, ahead of budget by $23,824. For the month, it lost $8,514, under budget by $3,3,688.
Through December of last year, the Clubhouse Grille had produced earnings of $116,291.
The year-over-year decrease in net was $7,084.
Racquet sports in the aggregate continues to be a profit center for the OPA, led by pickleball.
Pickleball earnings through December were $78,201, under budget by $5,041.
During December, pickleball lost $4299, missing budget by a scant $51, about as accurate a budget prediction that is humanly possible.
Pickleball earnings through December of last year were $61,072. That’s a year-over-year improvement of $17,129.
Platform tennis is just in the black through December, with a net of $1,815, ahead of budget by $12,946. For the month, this amenity lost $2,367, but that was ahead of budget by $1,188.
Platform tennis through December of the year prior had lost $17,800. The year-over-year improvement was $19,615.
Finally tennis, the amenity that generates the least for the OPA in net revenue, is in the red for the year, in the amount of $9,029. But that’s a positive variance over budget of $10,069.
Year-over-year, tennis is improved. A year ago through December, this amenity was in the red by $15,990. The year-over-year improvement was $6,961.
Net Operating by Department - December 2024
Source: Ocean Pines Association Finance Department
Three endangered species listed in county comprehensive plan don’t actually exist in county
Planning Commission engaged in Comprehensive Plan update
By CINDY HOFFMAN Contributing Writer
Worcester County used to be home to four federally endangered species: the loggerhead sea turtle, the red-cockaded woodpecker, the roseate tern and the chaffseed (a plant).
Because of habitat changes and destruction, fire suppression, and development, three out of four of these species have not been seen locally in nearly one hundred years.
The Worcester County Planning and Zoning Commission is updating the county’s Comprehensive Plan, which includes factoring in endangered species. The current iteration of the plan refers to all four endangered species, even though only one can be found locally.
The one species that continues to make an appearance locally is the loggerhead sea turtle. In 2017 and again in 2020, two successful nests produced about 100 hatchlings each on Assateague Island National Seashore, according to Lindsay Ries, supervisor biologist at the park. Another nest was found in 2023.
Sand temperatures are the major driver of success for nesting sea turtles. Maryland is at the northern edge of loggerhead habitat,which is why there are not that many sightings. Hatchlings behave differently here in the north. In the south, we see boiling hatchings, where all of the hatchlings emerge at once. In Maryland, the hatchlings can emerge individually over days, according to Ries.
Hatchlings have a one in 1000 chance of survival due to predators such as birds, crabs, raccoons, foxes, dogs and fish. They can also get disoriented due to light pollution, which can cause them to exhaust themselves before they can safely reach the water. Tire treads in the sand can cause them to lose their way and be more likely to get run over or eaten by predators. If they make it to the water safely, their survival is still in question. They can be caught in commercial fishing nets, causing them to drown before they can reach the surface for
air. Sea turtles can also be caught in fishing gear that gets lost or discarded.
Loggerhead sea turtles more commonly nest on sandy beaches from North Carolina to Florida. It is rare for loggerheads to nest north of Virginia.
The typical nesting season starts in June and ends towards the end of July. Hatchlings start to appear in August.
Visitors to Assateague and other local beaches should keep their eyes peeled for possible turtle nest sites and report them to Park Service employees or Life Saving personnel.
The two birds, the roseate tern and the red-cockaded woodpecker, both have not been seen since the 1930’s.
The roseate tern has not bred in this region since 1933-38, according to Kim Abplanalp, Bird Habitat Coordinator for the Maryland Coastal Bays Program.
“It is a federally endangered species, which is why it is listed as a Maryland endangered species, but generally it hasn’t been in Maryland for 90 years,” Abplanalp said. “Occasionally they stop by here during migration, but it’s not a bird we consider a species of Maryland.”
There would be a lot of questions you’d have to answer before you’d know if the species could be recov-
nesting by 23 pairs of common terns, making it the largest breeding colony of this species in the coastal bays in 2021.
“If we were to have them in the state again, as a nesting bird, continued work of restoration of islands for nesting habitat would be key for those kinds of species,” Brewer said.
Red-cockaded woodpeckers are even less likely to be seen in Maryland. The last sightings were recorded in Dorchester County in 1933 and 34. One was sighted in Blackwater in the 1970’s, according to Abplanalp.
“It would be a good species to repatriate, but you’d need to have a good stand of loblolly pines,” Abplanalp said.
Red-cockaded woodpeckers need very old loblolly pines to create their nest cavities. “It would take a lot of specific forest structure to get them here. We could probably get them here, but without old cavities that produce enough sap, we probably couldn’t get them to stay. Almost all of our loblolly pines are too young.”
ered here. One is whether or not we have the prey food they need, according to Abplanalp.
“There are successful breeding colonies in Massachusetts,” said Gwen Brewer, the Science Program Manager at Maryland Department of Natural Resources. She agreed with Abplanalp that roseate terns do occasionally pass through the area.
She suggested that if we can do more with restoration of nesting islands in the coastal bays and take care of our beach habitat, it is possible they could appear here again. “But they are called endangered for a reason. We can’t expect that if we build it they will come.”
The roseate tern could be confused with the common tern, a species that inhabits the Maryland shoreline. MCBP has conducted a unique recovery effort to help provide nesting sites for common terns.
For the past couple of years, MCBP has provided a floating wooden-framed platform as a nesting site for endangered colonial waterbirds, which have declined by a staggering 90-95% since the mid-1980s due to sea level rise and the erosion of their natural barren sand nesting islands in the coastal bays. The initial year of the project was an immediate success, according to MCBP. The platform was successfully used for
“If we had enough loblolly pines, it is not out of the realm of possibility that they would be back in the state if we had appropriate habitat for them,” Brewer said.
There was an old stand in Green Run on Assateague, but the bark beetles killed them, according to Abplanalp. “They were stressed from salt over the years, but they were still healthy.”
Sightings of the red-cockaded woodpecker are more common to our south, from the Carolinas to Florida and over to Texas, according to Cornell Labs.
The US Fish and Wildlife Service has proposed to move the red-cockaded woodpecker from endangered to threatened status because of the success they have had to the south with establishing habitat and nesting cavities, according to Brewer.
The American chaffseed, a hemiparasitic herb, is the only plant listed as endangered in Worcester County.
The species was probably extirpated by the development of Fenwick Island beginning in the 1870’s, according to information provided by Brewer. “Maryland specimens from the 1690s are present at the British Museum. This species is now extirpated over much of its historic range in the eastern United States.”
This species is part of a fire-dependent coastal ecosystem. Historically, it occurred along the coast
The loggerhead sea turtle is the county’s only remaining endangered species.
Motions hearing in Mailloux case Feb. 25 could affect trial date launch
Attorney for defendant in death of Ocean Pines teenager Gavin Knupp has multiple motions on the table, including one for a change of venue
By TOM STAUSS Publisher
The scheduled two-and-a-week jury trial in the Tyler Mailloux hit-and-run accident case involving the death of Ocean Pines teenager Gavin Knupp in July of 2022 may be delayed depending on the outcome of a motions hearing on the case scheduled for Feb. 25 in Worcester County Circuit Court.
According to court documents, the case is currently scheduled to go to a jury trial March 3-7, March 10-14 and March 17 and 18.
The fact that the trial is listed for a jury to consider is an indication that the lawyer for the defendant, now 24-year-old Mailloux, formerly of West Ocean City but now living out of state, has asked for one.
The assessment of a possible delay in the trial launch comes from a source who has been closely watching the behind-the-scenes legal skirmishing that takes place among lawyers prior to a case ever going to trial. That viewpoint is balanced by reports that Worcester County State’s Attorney Kris Heiser is intent on starting the trial as scheduled, because it’s approaching three years since the death of the Ocean Pines teenager.
The Progress has been informed that the state anticipates about four days for jury selection. According to the informed source, the state is planning to call more than 100 witnesses and will be issuing subpoenas to bring them to the courtroom. In contrast, the defense only intends to call two witnesses, according to the source.
A review of past reporting in the case reveals a number of motions filed by Mailloux’ attorney, George Psoras of the Rice, Murtha Psoras law firm that date back to 2023. Earlier motion hearings simply didn’t get around to them. The earlier dismissal of the case on technical legal grounds, and its reinstatement after appeals to higher courts, has layered more time on an already protracted timeline.
One motion that hasn’t yet been resolved calls for a change of venue in the jury trial of Mailloux, which if granted by visiting Circuit Court Judge Brett W. Wilson could delay the trial’s start, as it would have to fit on the docket of another juris-
Endangered species
From Page 34 from Massachusetts to Louisiana and inland to Kentucky and Tennessee. It was never considered to be common. Maryland is one of the few states that has historic records of the species.
Currently, the Worcester County Planning and Zoning Commision is updating its Comprehensive Plan,
diction in the state.
Details of the motion for a change in venue were provided in a front page article published in the Progress’s July 2023 edition [issuu.com/ oceanpinesprogress].
The state filed a response to the motion for a change of venue, opposing it on the grounds that much of the social media vitriol aimed at Mailloux and his family after Gavin Knupp’s death has not necessarily been posted by residents of Worcester County.
The defense has filed at least two motions for dismissal, which probably have a steep hill to climb given the visibility of the case and the creation of the “Justice for Gavin” campaign on social media. The vitriol targeting Mailloux and his family has definitely subsided over time but has not disappeared.
One motion for dismissal is based on the defense attorney’s claim that the state had been tardy in moving on the case and responding to defendants’ request for documents.
“The State’s unnecessary delay in filing the Criminal Information has violated the Defendant’s right to due process, as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article 24 of the Maryland Declaration of Rights,” according to a filing by Psoras. “The Due Process Clause of the Fifth Amendment requires the dismissal of a charging document if the delay causes prejudice to a defendant’s right to a fair trial.”
The motion for dismissal references the seizure of the vehicle, a black Mercedes, on July 17, 2022, at the West Ocean City home of Ralph DeAngelus, where Mailloux lived at the time.
“Since that date several attempts have been made to access the seized evidence in an attempt to secure an independent expert analysis of same. All of these attempts were rejected by the State,” Psoras asserts in that motion.
“Although Trial is scheduled in less than 90 days, the Defendant has not received any discovery whatsoever, despite timely demand, nor access to any physical evidence, including the automobile.
“It is additionally averred that the crash inves-
which includes factoring in endangered species.
The current iteration of the plan refers to all four endangered species, even though only one can be found locally.
According to the county, the plan “provides a framework for jurisdictions to protect and enhance their community character and natural and cultural heritage, preserve environmental resources, and foster
tigation conducted by the Maryland State Police was concluded in 2022.”
Some discovery has been provided to the defense since then but whether it is sufficiently responsive is to be determined, according to the informed source.
Discovery or the lack thereof will probably be among the issues to be sorted out by Judge Wilson at the Feb. 25 motions hearing.
According to Psoras, “the ten-month delay in the filing of traffic charges [against Mailloux] are of consequential and constitutional dimension, given the non-complexity of the charges ultimately filed against the Defendant ...
“The aforementioned delay has caused extreme prejudice to the Defendant, including but not limited to the loss of exculpatory electronic evidence including phone records, video footage, ring doorbell camera footage, the deterioration of the automobile by the failure to properly store same for forensic testing including fingerprints and DNA analysis, all of which have been compromised or lost.”
The defense attorney said the “undue passage of time has also caused a fading and loss of memories of possible witnesses.”
In another filing, Psoras argues that the defense has been stonewalled by the state in its attempts to access the Mercedes that reportedly was the vehicle that killed Gavin Knupp.
“Despite counsel’s best efforts, the State still refuses to permit reasonable access and discovery of the vehicle,” the attorney argues. “In fact, the State is now demanding that the Defense and its experts travel to a county, i.e., Somerset County, which has absolutely nothing to do with this case, because the State has finally advised that that is where the car is being held, or it would normally be held at a central parking facility in Howard County, Maryland.”
Psoras said the state is demanding that any inspection must be observed by personnel from Maryland State Police, the State’s Attorney’s Office, and it will be audibly and visually recorded.
Another motion for dismissal filed by Psoras is targeted at various counts in the 17-count indictment that the attorney contends failed to charge an indictable offense, failed to allege specific violations of the state’s transportation code, or are duplicitous, constitutional vague and the like.
With the two sides continuing to spar over discovery and more specifically evidence gathered by investigators, Psoras filed a motion asking for a so-called Brady hearing “at which the State u
economic development by planning for their long-term land use, transportation, housing, water resources, and other public infrastructure needs and identify the actions the County will need to take to meet these needs and achieve the planning goals that relate to them.”
Working drafts of each plan chapter can be found on the county’s Website.
The specific chapter related to
wildlife has not been posted yet, as the revisions are still in progress, Jennifer Keener, the Director of Development, Review and Permitting for the Worcester County Government said.
Maryland DNR provides information to the county for the comprehensive plan. Development plans that could impact endangered and threatened species are considered on a case by case basis.
Wind project off OC in peril by Trump executive order
Senator Carozza taking cautious approach to what appears to be good news
for windfarm opponents
By TOM STAUSS Publisher
An executive order issued by President Donald Trump on his first day in office could halt plans by US Wind for a windmill project off the coast of Ocean City, although State Senator Mary Beth Carozza is taking a cautionary approach toward an outcome that would elate local officials, including the Ocean Pines Association’s Board of Directors, who have staked out positions opposing the project.
“We are being careful about comments so as not to give US Wind any ideas,” said Pat Schrawder, district representative.
She drew attention to a recent statement by First District U.S. Congressman Andy Harris about the president’s executive order.
“Yes, the executive order is very widespread and covers the negative impacts on navigational safety,
Mailloux
From Page 35
will show cause why information requested has not been disclosed to the Defense or that after an investigation, no such information exists.”
Psoras’ motion acknowledges that the state provided discovery information on June 28, 2023, “via a terabyte hard drive without a directory, table of contents and/or index identifying the information contained therein, and subsequently on June 29, 2023, some additional discovery through the Maryland Electronic Court (MDEC) system.
While voluminous, the discovery provided by the state is “partial,” and because the charging process is exclusively within the control of the state, “the delay and prejudice is attributed solely to the state’s intentional actions,” according to Psoras.
In November of last year, the state provided more documents to the defense, the source said, and again it’s an open question as to whether the defense is satisfied with what it has received.
The Feb. 25 motions hearing may provide some greater clarity on that.
transportation interests, national security interests, commercial interests including the commercial fishing industry, and on marine life,” Harris said. “We are going to urge the Secretary to conduct the review process. BOEM [U.S. Bureau of Ocean Energy Management] … rammed these offshore wind leases through. We need due diligence, and we need a high-level review.”
The executive order temporarily withdraws all areas of the Outer Continental Shelf from offshore wind leasing and orders a review of the federal government’s leasing and permitting practices for wind projects, expected to take six months.
That review could lead to a ban on leasing and permits, an outcome that at least one U.S. Representative from New Jersey, Jeff Van Drew, who helped the Trump Administration draft the executive order, advocates.
Harris, whose district includes Ocean City and Ocean Pines, also is very likely to advocate for a permanent rescission of previous approvals.
There is a caveat in the executive order that U.S. Wind might be able to exploit should it decide to challenge it in court.
“Nothing in this withdrawal affects rights under existing leases in the withdrawn areas,” the order states. “With respect to such existing leases, the Secretary of the Interior, in consultation with the Attorney General as needed, shall conduct a comprehensive review of the ecological, economic, and environmental necessity of terminating or amending any existing wind energy leases, identifying any legal bases for such removal, and submit a report with recommendations to the President, through the Assistant to the President for Economic Policy.”
The applicability of this caveat may depend on the nature of feder al permitting for the project already approved.
proval of the company’s construction and operations plan, marking the agency’s final permit on US Wind’s federal permitting application.
Additionally, the National Marine Fisheries Service issued a letter of authorization to US Wind on Nov. 26 marking that agency’s final authorization for US Wind’s construction in the federal lease area off the coast of Ocean City.
Lawyers might in the end expend many billable hours arguing over whether the approval of a construction and operations plan and final authorization constitute a permit within the meaning of the executive order.
Of course, if in the end after the review the Administration decides to effectively ban such projects in the future, especially off-shore, it
may not matter what is covered under the just issued executive order.
Worcester County has already taken action that could halt or at least complicate US Winds’s efforts to build a windfarm off Ocean City. Officials recently via eminent domain voted to purchase property at West Ocean City harbor that US Wind had planned to acquire and use as a staging area for its offshore project. US Wind reportedly is considering legal action to stop the purchase.
The West Ocean City property that the county is acquiring is currently used by the local fishing industry to offload fish caught in the ocean off Ocean City.
Acquisition by US Wind of the properties to build an industrial staging area would have eliminated the only place in northern Worcester County where fish off-loading occurs.
The executive order says that in light of potential inadequacies in various environmental reviews, no new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects can be issued pending the completion of a comprehensive assessment.
On Dec. 3, US Wind announced that the U.S. Bureau of Ocean Energy Management issued its final ap-
A grand slam for Viola and the Board
What General Manager John Viola and the Board of Directors pulled off with respect to a new five-year lease agreement with Touch of Italy to manage three Ocean Pines Association food and beverage venues, and possibly one more, was more than a home run. It’s a grand slam that will be yielding financial and quality-of-life dividends to OPA members in the years ahead.
This isn’t in any way intended to denigrate the seven years of service to Ocean Pines by the Matt Ortt Companies, which was a massive improvement over decades of in-house management that never was able to turn the Yacht Cub in particular into a financial success for the OPA. MOC has had a good run of it here in Ocean Pines and deserves the thanks and appreciation and best wishes of OPA members.
The decision by MOC principal Matt Ortt to honor his current commitment to the community by managing the Yacht Club and Clubhouse Grille from their reopening in mid-February through the end of April is also worthy of respect. Arguably there could have been some financial advantage to MOC by an early exit from Ocean Pines, but Matt Ortt made the decision to carry through to the very end of the current contract.
Moreover, Viola and the Board resisted one wrong-headed suggestion on a local blog to attempt to buy out the MOC contract, as if to say that the MOC presence was no longer welcome. That insulting suggestion deserved the gaping yawn of indifference that it produced.
Looking forward to the future, Touch of Italy promises to bring a new era of vitality and quality to Ocean Pines’ three food and beverage venues. Anyone who has visited TOI”s restaurant at 66th Street in Ocean City is blown away by its authenticity, extensive menu and top notch food quality. Some of that Italian flare will no doubt be exported to Ocean Pines, but TOI’s operations here will reflect Ocean Pines’ character and culture, whatever that may mean exactly. TOI is already working on new menus and its executives are listening to suggestions from Ocean Pines management and residents. TOI’s owner gives new meaning to transparency and accessibility, making himself available at a moment’s notice by publishing his cell phone number, answering the call or immediately calling back. Who does that in this day and age?
Viola’s handling of the intricate process leading to the decision to enter into a five-year contract with TOI was a master class in skill, persistence and utmost respect for all three vendors that submitted proposals. The Board had the eminent good sense to let Viola manage the process without the micro-management that some Boards in years past would have found impossible to resist.
Letting Viola handle it without interference is
why the result is so promising.
A word here on Progress reporting on the process. Two months ago we reported that another company, Sodel Concepts, seemed to have been the vendor that Viola and the Board had authorized for contract negotiations. Our “super source” for this information was someone in contact with an unnamed Board member, who was comfortable with release of that information into the public domain so long as the primary source remained unidentified.
Subsequently, another unnamed Board source advised that it was ToI that seemed to be the leading candidate for the contract. How could that be true if Sodel had the inside track?
This is where Viola’s skill comes into play. In authorizing him to enter into negotiations with the vendor who submitted what at the time was termed Proposal B, the Board implicitly allowed Viola to engage with the other vendors as he saw fit. In the case of MOC, which essentially submitted the current contract, there wasn’t much need to negotiate. As for TOI and Sodel, Viola was free to engage in any negotiation activity designed to produce the very best deal for the OPA.
In the end, it matters not at all which Board source had it correct. Our sense is that they were both right, perhaps one more than the other. The important point is that in the end TOI’s proposal won out because it was measurably better for the OPA than the alternative. MOC apparently did not submit a proposal for a lease deal, Viola’s apparent preference, and that essentially made it a two-company contest.
The lease deal is very positive for the OPA and its members. It guarantees two income streams.
The first is the annual lease payment of $32,000 per month, applying in the aggregate to the Yacht Club, the Clubhouse Grille, and the Ocean Pines Beach Club. That works out to $384,000 per year. There’s a three percent per year escalator clause in the contract, which increases the rent in 2026-27 and every year thereafter during the five-year lease period.
The second revenue stream is a percentage of monthly gross food sales at all three venues at what one Board member told the Progress is 6.5 percent. That’s the key number.
According to a Progress calculation, if TOI generates in 2025-26 the same amount of food sales generated by the Matt Ortt Companies in 2023-24, the fiscal year ending April 30 of 2024 and the last full year that food sales have been recorded, at 6.5 percent OPA would be receiving $182,140 in food revenue-sharing from TOI.
It’s not generally known nor commented upon, but monthly financials prepared by Phillips include a graphic itemizing year-to-date food sales.
According to the April 2024 financial report published on the OPA Website, the last month
of fiscal 2023-24, the three venues brought in $2,802,154 in food sales that year. That total was comprised of $292,888 at the Clubhouse Grille, $348,882 at the Beach Club, $499,581 in Yacht Club banquet food sales, and $1,660,803 in non-banquet sales at the Yacht Club.
The math isn’t complicated; 6.5 percent of $2,802,154 works out to $182,140.01.
Together the two income streams total a nice round number of $566,000, with no expenses charged against it.
The OPA is budgeting $564,000 in its newly created Department of Food and Beverage to capture these two revenue streams, according to the latest iteration of the 2025-26 budget posted on the OPA Website.
This not chump change. It’s going to be a better return on revenue than the current fiscal year, in which an actual loss of about $17,000 at the Yacht Club is projected. This year is not going to be as good as 2023-24 for the OPA and MOC if projections hold.
Next year’s budget is based on 2023-24 actual food sale results, and that’s a fair and reasonable budget target.
Can TOI do better? Of course, and the betting from here is that the new lessee will find a way to knock it out of the park. A refreshed menu, retention of all the Yacht Club live entertainment of year’s past, follow-through by TOI with all those who contracted with the OPA for wedding banquets -- all establish a solid foundation with room to grow.
That’s the reason for optimism. -- Tom Stauss
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.
Racquet sport rate change is not without risk
As this edition of the Progress was going to press, just a few days before the scheduled Feb. 5 public hearing on the proposed 2025-26 budget, it appeared more or less locked in stone that the Board of Directors will approve what for some racquet sport members is a somewhat controversial rate structure.
At a budget review meeting early in January, the Board with one exception, OPA Treasurer Monica Rakowski, opted to replace individual racquet sport memberships in pickleball, tennis and platform tennis, with a single membership for individuals and families that covers all three sports.
The virtue for the plan is that it’s simple. It arguably incentivizes those who play only one sport, to try a few more, since in doing so it doesn’t cost them.
OPA President Stuart Lakernick is very much in the camp of the single three-sport rate, and he told the Progress that he supports it and believes a Board majority will do so as well when the 2025-26 budgetis voted on later this month.
He didn’t say so, but the majority apparently won’t include Monica Rakowski, who spoke out against it in a budget review meeting in early January. She suggested a senior rate as a way of mitigating the impact of increases on older members who only want a single sport.
The adoption of a single, threesport membership is not without risk and vulnerability to criticism.
Here are some of them.
It would seem like the revised membership rates will result in a greater loss for racquet sports next year.
Viola and Finance Director/Controller Steve Phillips estimate that the three sports at the end of the current fiscal year, 2024-25, will lose a scant $1,325, with tennis in the red by $61,674 and platform tennis losing $7,207, offset by pickleball’s estimated positive net of $67,556. That’s about as close to break-even while a few dollars short of that.
Next year Viola’s latest proposed budget projects a loss of $33,248 in the Racquet Sports department or a $31,920 net increase in operating deficit year-over-year.
Is that something the Board can accept?
Perhaps so, as Viola has been
LIFE IN THE PINES
An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community
By TOM STAUSS/Publisher
looking at a multi-year plan designed to bring racquet sports to break-even or better.
They are projecting an increase in membership totals from 455 sold this year to 489 next year, 34 more, which is a a 7.47 percent increase.
That in turn translates into a projected increase in Racquet Sports revenue, from the estimated $223,935 this year to $289,855 in 2025-26, or $65,920, a 29.44 increase at the same that most racquet sports members would be paying more in membership fees than they do now.
Is it realistic to expect an increase in memberships and revenue as many members would be paying more for the right to play all three sports and their variations than they pay for a single sport this year?
Perhaps they will, perhaps not. That’s the risk the Board majority is willing to accept, apparently.
The new simplified rate structure calls for memberships at $495 for families and $295 for individuals, with non-OPA member rates at $590 and $370 for families and individuals.
How does that compare with what members pay now for single-sport options?
Tennis-only members wouldn’t be particularly hard hit.
Current tennis rates for Ocean Pines owners and renters are $465 for families and $295 for individuals, with an after-12 rate of $195.
Those same individuals would pay $495 for the three-sport rate, $30 more than the tennis-only rate, a 6.45 increase.
There is no after-noon option in the latest proposal.
Families would pay the same for this year’s tennis rate of $295 under the new structure.
Pickleball and platform tennis members would not fare nearly as well.
Family pickleball memberships currently cost $325, but those who opt for the new combined threesport rate would be paying $495, an increase of $170 or 52.3 percent. Individuals who now pay $200 for pickleball-only would be charged $295 or $95 more for the three-sport rate, an increase of 47.5 percent.
The same dollar amount and percentage increases are proposed for platform tennis, 52.3 percent and 47.5 percent, for families and individuals who are OPA members or residents of Ocean Pines.
Is this something the membership will tolerate?
Again, it’s a risk the Board majority is willing to accept.
As Racquet Sports Director Terry Underkoffler has said, there’s always the option of paying a drop-in rate.
For the few who have purchased the current three-sport option this year, those who opt in to the combined three-sport option in 2025-26 would pay substantially less than they do now.
The current three-sport rate for families would drop from $690 to $495, or $195 less year-over-year.
For individuals, the decrease would be from the current $440 to next year’s three-sport rate of $295, a drop of $145.
Expect some opposition to this rate structure at the Feb. 5 townhall meeting.
How much of course remains to be seen. Platform tennis club and special tennis club president Karen Kaplan promises her club’s presence at the meeting will be felt, presumably to object to the new three-sport membership.
At the Jan. 25 Board meeting, there was some opposition expressed as well during the Public Comments segment.
Former OPA Director Amy Peck more or less summed up the argument against the proposed change. She said the current membership doesn’t want a three-sport option. Is she right?
TBD, unless of course the Board decides to bail on its own directive to Viola.
Seems unlikely.
Delmarva Chorus celebrates decades of ‘A Cappella Joy’
Documentary to be shown at Ocean City Firm Festival
By CINDY HOFFMAN Contributing Writer
The Delmarva Chorus is a fixture in Ocean Pines. From holiday concerts to rousing patriotic music at the Veteran’s Memorial, the group is the soundtrack of the community.
Now, thanks to filmmaker Candice Spielman, their story and music is being shared with a broader audience in a documentary titled “A Cappella Joy” at the ninth annual Ocean City Film Festival March 6-9.
Spielman is a filmmaker from New York City, but her parents retired in Ocean Pines from New Jersey. Through regular visits with her mom’s best friend, Jeanette Latzo, her parents decided to make Ocean Pines their home.
“My mom, Sandie Palmisano, and Jeannette are both in the chorus. I have been following this chorus for years,” Spielman said.
During the covid pandemic, she spent a fair amount of time in Ocean Pines and after one of her last projects wrapped up in 2023, she thought, “If I don’t start telling stories that speak to me, I will regret it for the rest of my life.
“These ladies have been in my heart for a long time. I made it [this film] to celebrate them and their joy of singing,” she said.
“Music, song and sisterhood” is
The pure joy radiating from the faces of the women as they sing says just how much the chorus means to each of them.
how Spielman describes the group. Spielman spent hundreds of hours filming the Chorus at numerous events and rehearsals.
The pure joy radiating from the faces of the women as they sing says just how much the chorus means to each of them.
“It is a sisterhood. It’s like family,” member Catherine Walker said. “There is no other word for it. We are a family. We share our tears and our happiness, and our concerns. I know I can call anybody any time I need to for anything and have. And they have always been there.”
When Latzo lost her husband, the Chorus was there for her. “I don’t know how I could have gotten through the last few years without this Chorus. We take care of each other.”
Not only that, but they sure have a lot of fun. Any appearance is clearly a production. Spielman’s footage of the woman at various events and contests shows them in an array of costumes, including matching patriotic shirts and flapper era dresses, even circus costumes from clowns
to a bearded lady, there is clearly no line these women will not cross to entertain themselves and their audiences.
“When you see them crack a smile while we are singing, that is joyful to see,” Char Vanvick said.
The Chorus provides more than friendship and song.
“Singing makes me feel full, it makes me feel relaxed, and makes me feel joyful. It’s just part of me,” Latzo said.
Many of the ladies in the Chorus had never sung a cappella before. Footage of new recruits at a rehearsal shows just how welcoming the Chorus is to new blood. Carol Ludwig, the chorus director and founder, brings first timers up on the risers to sing with the group the first day.
“Singing barbershop and specifically being with Delmarva, has given me so much more confidence in things I was never expecting to take on,” member Connie Corbett said.
Singing a capello is unique in that there are no instruments.
“There is something special that happens when you don’t have in-
struments. Having just the human voice, and being able to sing like that, it’s a wonderful feeling. It’s a joy that you cannot experience anywhere, except here,” Ludwig said.
Spielman hopes that seeing the film will inspire people. “For me, this story has so many little takeaways. From the idea of trying something new and age is relative, to finding great friendships and soul sisters later in life. And of course, doing something you love can make a difference and brighten someone’s day.”
The Chorus has been formally recognized for all they do for the community.
“They have brought great joy and meaning to the entire Ocean Pines community,” State Senator Mary Beth Carozza said, as she read from a Maryland State Senate resolution acknowledging Delmarva Chorus’ 20th anniversary.
Spielman could not resist the draw of the Chorus and joined it herself. Now she regularly attends the rehearsals and events as a participant, not as a filmmaker.
She is excited to have her film featured in the Ocean City Film Festival this year. “It has been my dream to enter the Ocean City Film Festival. For me this is huge.”
She has attended the film festival in years past. “ Seeing people create and follow their heart has inspired me beyond words.”
Spielman will be in attendance, along with a number of the members of the Delmarva Chorus. She will have the opportunity to take questions from the audience, and who knows, maybe the Chorus will grace the audience with a number.
The Delmarva Chorus always dresses for the occasion.
Pines Chamber undergoes change at the top
New president Amity Aldrich has focus on building small business
By CINDY HOFFMAN
Contributing Writer
Amity Aldrich, the new president of the Worcester County Chamber of Commerce in Ocean Pines, jumped over the bridge two years ago and has never looked back. Her life partner has had a place in Ocean Pines for 25 years, and once her child was older, she was ready to make this community her permanent home.
“I love love love Ocean Pines! This is definitely my final chapter, I am never moving,” Aldrich said.
She has been on the job for three months now, getting to know the various partners, what the Chamber calls its members.
“I care about this community and this county. I love everything about the job,” she said. Board Chair Donna Frankowski and Aldrich have called 2025 the year to engage, empower and partner. To Aldrich, engage means getting to know the Chamber partners in their stores and everyday life and working with them.
Many partners and residents drop by the Chamber offices to chat. “Those connections are everything to me.”
She is also traveling across the county attending numerous events, from the Rotary Club to Kiwanis.
“I am learning about the partners and finding ways we can leverage our resources to make magic together,” she said.
She has a specific focus on small businesses. Both her parents and grandparents were entrepreneurs. “My father’s company employed most of the small town we lived in, in one way or another.”
“From day one, I knew that whatever I was going to do in life, I had to help people,” Aldrich said. She is excited to be able to focus on her own neighborhood with this position and help small businesses prosper.
She wants to empower Chamber partners, through education. “The more our residents know about what we offer, the better success they will have. And their success is my success.”
The Chamber has exclusive
networking opportunities through Chamber Connections, which meets the first and third Thursdays of each month. The next meetings are Feb. 13 and 27. This is an exclusive referral network, with one person per industry in attendance.
“Every partner is interested in the other partner’s success. It’s a village. You can’t do it on your own.”
Being a member of the Chamber provides significant benefits. “Whatever you have in your marketing budget, double or triple it,” Aldrich said.
Many small businesses don’t have a marketing arm, Aldrich said. She offers to help small businesses by providing a platform, such as speaking at an event or hosting a Lunch and Learn. “Call me, I want to give you that platform.”
The Chamber hosts Lunch and Learn events and Power Hour breakfasts. There are three networking opportunities a month. Each event has about 20 people attending, which allows everyone to get to know each other.
Her focus this year is on partner growth. Her goal is to sign up five new partners every month. The Chamber has 350 partners currently. She wants to reach 50 new partners by the end of the year.
She hopes to also secure more corporate sponsors for the Chamber. “Every partner matters, in what I can do and what the Chamber can do for them.”
Residents benefit from a strong and vital Chamber in the community, she said.
In this day and age, with scams proliferating, it’s important to have a Chamber that can provide credible, reputable and verified resources, Aldrich said. Residents need to know that someone comes highly recommended, personally and professionally.
“I want to make sure that the residents know that they are getting a credible service if they choose a Chamber business. I want to have the most reputable trusted resources,” she added
She frequently fields calls from
people looking for local businesses. The Chamber website is oftentimes the first site that comes up when someone searches for a local business. “I look up the information [the caller] needs. They are getting an immediate response from me.”
And if she hears from residents who have had negative experiences with businesses, she will not seek renewal of their membership. “I have a lot of integrity. I want my residents to have the best options for success.”
For those interested in learning more, visit worcestercountychamber.org/ or attend the next Power Hour at the Pines Cafe on Feb. 5 from 9-10 a.m.
Mid-Atlantic Symphony to present string quartet performances
The Mid-Atlantic Symphony Orchestra has announced its highly anticipated String Quartet concerts in February, featuring its principal string players. These performances will take place on Saturday, Feb. 8 at 3 p.m.at Epworth United Methodist Church in Rehoboth Beach, and Sunday, Feb. 9 at 4 p.m. at the Academy Art Museum in Easton.
The MSO String Quartet consists of Concertmaster Kimberly McCollum (violin), Principal 2nd Violin Celaya Kirchner (violin), Principal Violist Yuri Tomenko, and Principal Cellist Katie McCarthy.
This ensemble will perform two masterpieces of the string quartet repertoire, Dmitri Shostakovich’s String Quartet No. 3 in F Major and Felix Mendelssohn’s String Quartet No. 6 in F Minor.
Dmitri Shostakovich’s String Quartet No. 3 in F Major, Op. 73 (1950) is composed during a period of intense political pressure in Stalinist Russia. Although Shostakovich was known for his symphonic compositions, his string quartets offer a more intimate and often poignant glimpse into his emotional and artistic struggles.
The third quartet is one of his most lyrical, infused with both beauty and a sense of melancholy. It features contrasts between lush melodies and sharp, dissonant sections, reflecting the composer’s complex relationship with the political environment in which he lived.
Felix Mendelssohn’s String Quartet No. 6 in F Minor, Op. 80 (1847) was written during a time of personal tragedy for the composer. Mendelssohn’s beloved sister, Fanny, had recently passed away, and the quartet carries an undertone of grief and emotional depth.
The piece stands out for its intensity, especially in the first and last movements, and the final movement’s soaring theme hints at Mendelssohn’s ability to create beauty even in sorrow. This quartet is a testament to his remarkable compositional talents and his ability to channel personal loss into music of enduring beauty.
Tickets are available for purchase online and at the door. For more information, visit www.midatlanticsymphony.org or call 1-888-846-8600.
Amity Aldrich
CURRENTS CAPTAIN’S COVE
Judge Lewis signs final order in Birckhead litigation
Formally awards defendant CCGYC $151,000 in legal fees
By TOM STAUSS Publisher
The long-awaited final order in the Birckhead, Reece/Leslie litigation was signed by Accomack County Circuit Court Judge Lynwood Lewis on Jan. 16, opening a 30-day windows in which the plaintiffs can appeal adverse decisions by the court.
The final order is significant because it formally awards $151,227.91 in legal fees to the defendants, Captain’s Cove Golf and Yacht Club, as one of the prevailing parties in the litigation. The other prevailing defendant, CCG Note, Captain Cove’s declarant/developer, has not yet asked the court for legal fees but could do so at any time.
Interest on the unpaid balance also accrues at the “statutory rate” according to the order.
Plaintiffs Teresa Birckhead, Jim Hayes, William Leslie, Barry Magrogan, Joyce Platterspiel, Linda
Reece and Tom Reidy are the named plaintiffs who are on the hook for the legal fees. They’re officers in the Concerned Citizens of Captain’s Cove advocacy group.
The final order reflects a September bench decision in the case and an Oct. 18 written version.
The final order noted that one of the issues in the case, an allegation that a firm called Stonewall had not paid lot assessments owed CCGYC, had been “nonsuited,” another way of saying it had been effectively dropped from the case.
The final order means the plaintiffs can follow through on previous indications that they plan to appeal at least some of the issues litigated in the case. Their attorney, Douglas Kahle of Virginia Beach, had filed some objections to the proposed order when it was issued in October that would form the basis of an appeal.
One issue that is most likely to be
appealed was a decision by retired Judge Revell Lewis III in February of last year pertaining to the ownership and access to Captain’s Corridor in the vicinity of a planned townhome development at the east entrance into Captain’s Cove.
The court determined that CCGYC has no ownership of that section of Captain’s Corridor and can’t deny public access to it. The judge ruled that to the center line of that section of Captain’s Corridor, ownership resides with CCG Note to the east and the owners of the townhome property to the west.
Other issues raised by Kahle and subject to appeal according to his filed objections:
• That the Court committed error justifying the Association’s alleged ultra vires actions by application of the business judgment rule. Ultra vires is a legal term meaning acting outside one’s authority
• That the Court committed error with its interpretation of the 2012 Settlement Agreement given the Agreement required CCG Note to pay $50,000 per year for 20 years to the Captain’s Cove Golf and Yacht Club for debt service on a loan, and given the evidence that the Association has, without cause, after repeatedly acknowledging the existence of that obligation, failed to take action to collect such sums, and has instead levied assessment on the property owners for work that should have been paid for with the sums payable pursuant to the Agreement, all in violation of the Declarations of Covenants and Restrictions for Captain’s Cove.
• That the Court committed error with its construction of the terms
“improve” and “improving” as those terms define the Association’s scope of authority found in the Declaration, given the parties’ joint stipulation that “putting chip and tar on an uncovered surface, be it dirt, sand or grass” constituted building or constructing a road, not improving an existing road.
• That the Court committed error when it found the Association’s proposal to apply chip and tar on previously uncovered surfaces fell within the scope of its authority to improve existing roads, and did not constitute the ultra vires act of building or constructing new roads.
• Pertaining to the issue of who’s responsible for building out or improving roads in Captain’s Cove, that the Court committed error with its construction of the term “improve” and variation thereof, since words in the Declaration which authorize the Association to levy assessments on property owners must be strictly construed and under the principles of strict construction, “improve” must be read together and interpreted narrowly with the more limiting words such as “maintain,” “repair,” and “rebuild,” which are found in the Declaration and in the Association’s Articles of Incorporation.
• That the Court committed error when it dismissed the Plaintiffs’ claim related to the Association’s obligation to mitigate Starboard Street’s flooding.
• That the Court committed error when it dismissed the Plaintiffs’ claim related to the Defendants’ proposal to allow a firehouse to be constructed on lots designated for residential construction only.
The defendants’ lawyers, during Court proceedings, had rebuttals for most of the assertions in Kahle’s response.
Signing the order opens up a 30-day window for an appeal to the Virginia Court of Appeals, which by Virginia law is obligated to consider it.
Defeated candidates may sue to overturn 2024 election
No documents have been served and one potential defendant isn’t sure they will be
By TOM STAUSS Publisher
Three Captain’s Cove residents
may be suing the Captain’s Cove Golf and Yacht Club,
the five victorious candidates in the 2024 Board of Directors election and CCG Note, the Cove’s declarant/developer to overturn the election.
The five victorious directors that
would be named in the suit include Michael Glick, James Silfee, Roger Holland, John Costello and alternate director Tim Hearn.
The plaintiffs would be Virgin-
ia Weslowski, Catherine Malstrom and Patricia Borrelli, candidates in the election who were defeated in part because the victors received votes cast by CCG Note on a three to one basis. Had CCG Note not cast votes on the three to one basis, the five victorious candidates still would have won the election but by a much closer margin.
The Cove Currents obtained a copy of a traditionally prepared lawsuit in early January with attached paperwork that seemed to indicate that it would be filed in Accomack County Circuit Court in due course.
But it hasn’t been, and one of the presumed defendants, Hearn, isn’t sure it will be.
“We haven’t been served,” Hearn said in a Jan. 28 telephone interview. “As far as I know it hasn’t been filed with the Court. I regard it more as attempted witness intimidation, an effort to put pressure on us.”
He said the objective may be to try to convince Glick, Silfee and Holland, investors in declarant/developer CCG Note, to resign from the Board. If that’s the case, it isn’t going to succeed, he said.
Hearn also speculated that the presumed plaintiffs may in the end decide not to file because of the expense of litigation.
“It’s costly, even more so when you lose and have to pay the legal expenses of the other side because your case was so lacking in merit,” Hearn said.
The possible lawsuit itemizes the grievances with the election outcome of the three defeated candidates.
The document claims there were 1,201 lots owned by the developer that participated in the election.
The would-be plaintiffs received votes ranging from 1,168 to 1,188.
The would-be plaintiffs contend that the conduct of the election violates the 2012 Settlement Agreement that ended litigation between developer interests and CCGYC. It cites a provision in the agreement that says that CCG Note may only have a maximum of three CCG Note “controlled or affiliated members” on the Board at any time.
The would-be plaintiffs say that the “essential question” for Accomack County Circuit Court to decide is the meaning of “controlled” and “affiliated.”
In contending that certain directors are controlled or affiliated by the developer, the would-be plaintiffs argue that all seven directors
To Page 44
Cove election
From Page 44 of the Cove association Board vote with the developer 98 percent of the time.
The would-be plaintiffs further argue that the developer “controls” a Board seat when it votes to elect a person to that seat.
They would be asking the Court to limit CCG Note to voting for three candidates, rather than the five that received developer votes in the recent election.
As another example of control, the would-be plaintiffs cite a vote on the association’s lot swap program in which Directors Mark Majerus, Pat Pelino and Dave Felt voted to accommodate Hearn, not on the Board at the time and not affiliated with CCG Note, on a legal issue related to the program. A judge found against Hearn in the disposition of a lot that he had owned, in which a neighbor through adverse possession acquired ownership of a portion of the lot.
The Cove Board voted to allow Hearn to swap out the compromised lot for another. “Mr. Hearn, an in-
vestor in the developer, speculated on the outcome of the suit, lost, and then used his connections with the Board members of the Association to recover his losses at the expense of the association, which lost a buildable lot without adequate compensation,” the suit contends.
The intent of the lot swap program is to enable property owners who own unbuildable lots to acquire buildable ones from the association’s inventory. The rejoinder to this argument probably will be along the lines that Hearn was treated no differently than any property owner in similar circumstances would have been.
One of Hearn’s assertions in recent years is that he is no way controlled or affiliated with CCG Note. He has acknowledged business relationships with Glick, Silfee and Holland.
The would-be plaintiffs then go on to question CCG Note’s use of its three to one voting rights.
Here the provision at issue is the provision in the 2012 agreement in which the declarant agrees not to exercise its three to one voting rights as allowed in the CCGYC ar-
ticles of incorporation “so long as the Association is not in default of this agreement and so long as the Association is not operating at a deficit at the end of its fiscal year as reflected in its annual audit.”
According to the would-be plaintiffs, it’s up to CCG Note to prove a deficit existed in the prior fiscal year before casting votes on the three to one basis, contending the declarant had not done so.
The document concludes by listing other issues the plaintiffs had with the election.
One issue was a directive from association staff prohibiting voters from contacting the CCGYC’s audit firm, which counts ballots in annual Cove election, to confirm that ballots had been received and recorded.
“This year, that firm told members that they must contact the Association’s be staff members for answers to all election related questions,” the would-be suit contends. “This was especially consequential because of significant issues with the mailing of ballots.”
Among those issues was whether members on a payment plan would be allowed to vote in Cove elections
-- they’re not, as only members with annual dues paid up are supposed to be allowed to vote -- “leaving members, especially members that did not receive a ballot, in the dark as to whether they are qualified to vote.”
Also at issue was the initial denial by General Manager Justin Wilder of access to the Cove member list by opponents of the current Board, citing legal counsel.
“It is not apparent what legal counsel Mr. Wilder was referring to, “as the counsel [hired by Wilder]” responded almost immediately and “provided the Member’s List for voting” in accordance with Virginia law, the plaintiffs contend.
“The association by its director and president Mark Majerus complains that plaintiffs’ concerns about the Election are unfounded, and director Dave Felt agrees with Majerus that “independent oversight of the election by a unlicensed groups of members’ would not be appropriate.”
The would-be suit concludes with the contention that “the Association was unwilling to comply with legal requirements’ under Virginia law to provide access to the materiel.”
Good start reported for lot sale program
By TOM STAUSS Publisher
When the Board of Directors in November of last year awarded a contract to Robert Smith of Monument Sotheby’s Real Estate to sell up to 78 lots in the Captain’s Cove Golf and Yacht Club inventory, it was with the expectation that the program would get off to a relatively slow start as marketing tools were developed.
CCGYC President Mark Majerus disclosed during the Jan. 27 Board of Directors meeting already five lots have been sold, turned lots that generated nothing in annual dues into dues-payers.
“Maybe next month we’ll see some impact of these and future sales on our finances,” he said.
The lot sale program for much of 2024 had been a pilot program of about 20 lots on the market, but the Board and Property Management Team wanted a much more robust program. Smith’s proposal met those parameters and won out in an open bid process that began in early summer.
He earns a $1,000 commission from CCGYC on each unimproved lot sale and an additional commission paid by builders when a lot is sold as pzrt of a lot-home package
Initially, the plan was for up to 90 lots to be
sold, but a vetting of lots initially identified as appropriate for sale resulted in some lots being disqualified for sale because of perk issues, wetlands problems or geographic reasons, perhaps because they were too steep to allow for future home construction, Majerus said.
In the first two months after the contract is executed, digital materials for the marketing Website and social media would be created, with months three to six needed to design and activate those sites, according to General Manager Justin Wilder said in November.
By months seven to 12, “you should start to see revenue” from sales, he added.
It would appear that the original timeline has been somewhat expedited.
Foreclosure sale results in eight dues-payers
Majerus reported during the Jan. 27 meeting that January’s foreclosure auction resulted in the owners of eight properties on the foreclosure list either paid off their delinquencies or entered into payment plans, with one pulled for technical reasons. That reduced the original list of 49 to 40.
Majerus said that two of those 40 were sold to individuals, with the remainder entering the process in which title to these properties will trans-
fer to CCGYC.
“At least we don’t accumulate receivables when this happens,” he said.
Majerus said another foreclosure auction is anticipated for May, and for the fiscal year he said he hopes to clear about 200 of the 500 that are chronic non-payers of dues.
Alternate Director Tim Hearn during his successful campaign as a Board candidate last year advocated for an even more aggressive program to foreclose on the non-payers, with a goal of clearing 500 properties.
In a Jan. 28 telephone interview, Hearn expressed support for the uptick in activity, and he said he might not press for a more aggressive foreclosure program.
Majerus also mentioned the Cove association’s free lot program, in which property owners who want to dispose of lots can list them on the Cove Website. No lots have been entered into the program as of Jan. 28.
Wilder reports four ECC applications
General Manager Justin Wilder reported during the meeting that the Environmental Control Committee had processed four new home ap-
To Page 52`
Board adopts conservative investment policy
Votes to create finance committee to oversee program to grow revenue while protecting principal
By TOM STAUSS Publisher
The Captain’s Cove Golf and Yacht Club Board of Directors approved an investment policy at its Jan. 28 meeting that President Mark Majerus described as protecting the association’s accumulated funds at the same time growing them by employing conservative revenue-generating investments.
At the same meeting, the Board adopted a document at the meeting formally establishing the Board finance committee that developed the investment policy..
Majerus said the policy is designed “to protect and grow” funds that are currently parked in lowor no-interest-bearing accounts by moving them into CDs and U.S. Treasury bills.
Majerus said the next step after creating the policy of protecting capital and improving return on investments is to find a partner to manage association funds.
Since the Board voted to approve
the policy, Majerus is preparing to seek out an investment partner to manage association funds
The key points of the policy are as follows:
• No funds shall be deposited or invested except in authorized investments. Authorized investments are those that are in accordance with the Virginia Property Owners Association Act and with the Declaration and Bylaws of the Captain’s Cove Golf and Yacht Club.
• All accounts, instruments, and other documentation of such investments shall be subject to the approval of, and may from time to time be amended by, the Board of Directors as appropriate, and they shall be reviewed at least annually.
• Investments shall be guided by the following goals, listed in decreasing order of importance:
1. Safety of principal. The longterm goal is safety of the replacement reserves. All institutional accounts should be backed by the Federal Deposit Insurance Corpora-
tion (FDIC) or the Securities Investor Protection Corporation (SPIC).
2. Liquidity and accessibility. Funds should be readily available for projected and unexpected expenditures; this includes the ability for smooth and efficient transfer of transfer of funds such as ACH capabilities.
3. Minimal costs. Investment costs (redemption fees, commissions, and other transaction costs) should be minimized and reasonable with the level of service provided.
4. Professional management. Funds should be invested with professional managers who have good reputations and sound credentials.
5. Return. Funds should be invested to seek the highest level of return that is consistent with preservation of the purchasing power of the principle and accumulated interest.
The policy further states that investments deemed suitable for consideration include Certificates of Deposits (CDs) that are FDIC
insured, money market deposit accounts (savings or checking) within the limits of prescribed insurance coverage, Money market mutual funds that invest in or are back by the FDIC or US. Government, U.S. Treasuries, including bills, notes, bonds, TIPS, and zero-coupon treasuries.
The policy also states that the strategy for selected investment options “shall recognize the time horizon of specific portions of the reserve funds. Maturities may extend out to five years. The amount allocated to each maturity should reflect the need stated in the Capital Reserve Study.”
Finally, the policy states that the Directors’ Finance Committee is instructed to “review the investment performance quarterly and compare it the goals and objectives of the Association.
Changes in investments strategy or security selection criteria shall be considered. Accounting of current
values, income and transactions shall be included in the Financial Reports prepared for the Board of Directors.”
The other document approved by the Board creates the authority to create the finance committee, to be comprised of Board members only and operating in accord with Article VIII of the by-laws of the association.
The responsibilities of the committee are limited in scope to establishment of an Investment Policy for full Board Approval, execution of the investment policy, review and approval/rejection of negotiated settlement offers from the association’s debt collection legal firm or firms, and to develop and execute of debt collection policies for past due member accounts.
The document further stipulates that the committee “will work closely with the association’s debt collection legal firm and the Property Management Team in a collaborative manner, may form sub-committees including corporate officers or members of the association, with proper non-disclosure agreements in place
Treasure Island Drive returned to CCGYC
Conveyance allows Cove’s dredging program to resume
By TOM STAUSS Publisher
As promised late last year, Captain’s Cove declarant/developer CCG Note has deeded back to Captain’s Cove Golf and Yacht Club a causeway street called Treasure Island Drive that connects the community to a dredge spoil site called Treasure Island.
CCGYC President Mark Majerus announced the filing of a quit claim deed at the Jan. 27 meeting of the Board of Directors that transfers title of the parcel from CCG Note to CCGYC.
As a candidate for an alternate seat on the Board late last year, Tim Hearn announced that the trans-
Other financial matters, such as audit, balance sheet and financial reports, budget, and capital reserve development, remain the responsibilities as assigned within the Property Management Team.
The motion of approval assigned Majerus as the committee’s chair, with Tim Hearn as a member with other board members possibly joining during the year.
fer was imminent because litigation targeting CCG Note seemed to be winding down or had little chance of prevailing on appeal.
Previously, CCGYC had to deal with a decision by CCG Note, the Declarant, to withhold access to Treasure Island, the Cove’s dredge spoil site that has perhaps one year of remaining capacity, via Treasure Island Drive.
CCG Note had informed the association that its maintenance crews would not be allowed to traverse Treasure Island Drive as long as the Declarant was being sued by a group of Cove residents.
The decision effectively barred access and was a
To Page 52
Majerus will focus on investments, while Hearn will focus on member accounts receivable, a continuing area of concern.
Dave Felt has joined the Committee without a specific focus.
The authority document says the committee may meet as needed to review the status of various agendas, and results and reports from these meetings will be provided to
the Board of Directors.
Under the Virginia’s Property Owners Association Act, these meeting are open to observation by members of the Association.
Notice of the meeting will be made via e-blast by the Senior General Manager and any materials, within the limits prescribed by VAPOAA will be posted on the association’s Website.
Treasure Island Drive
From Page 51
factor in shutting down last year’s dredging program.
So was the fact that the community’s dredge boat was undergoing repair.
Previously, what some said was an act of vandalism immobilized the dredge boat for many months. Parts for repairs were difficult to find Eventually, the Cove’s insurance company reimbursed CCGYC for the repair costs.
All of the issues raised in the socalled Birckhead litigation, named
after Concerned Citizens of Captain’s Cove president Teresa Birckhead, have been resolved in the favor of CCG Note and CCGYC in decisions rendered by two Accomack County Circuit judges.
Appeals are possible but the prevailing defendants don’t appear particularly concerned by that.
Majerus said the declarant had “graciously” offered to convey the parcel to CCGYC, allowing the dredge program to resume.
This year’s program is already under way, with pipes designed to remove spoil from canals in place.
The actual dredging with the
Announcing our new Hero's Club
Cove’s repaired dredge boat is expected to begin the first week of February, he said.
As of Jan. 27, the association was awaiting the U.S. Army Corps of Engineers permit, Majerus said, adding that approval was imminent.
Voting to accept the quit claim deed were directors Majerus, Pat Pelino and Dave Felt.
Abstaining were three directors who are investors in CCG Note, Michael Glick, Jim Silfee and Roger Holland, along with newly elected director John Costello.
In other action at the Jan. 27 meeting, director Dave Felt updat-
"A hero is someone who has given his or her life to something bigger than oneself." Joseph Campbell
Calling all active, retired and honorably discharged members of the United States Armed Forces, Police Officers and First Responders! We want to thank you for your service and show our appreciation.
Our team at Benjamin Franklin Plumbing and Mister Sparky Electrical of the Eastern Shore also strongly believe in giving back to our community. We currently have 6 volunteer fire fighters and 1 honorably discharged member of the USMC on our team who are near and dear to our hearts. They are our family and friends; we know their sacrifices first hand so we decided it was time to honor them and give back to those who take care of us. Our new Hero’s Club is our small way of saying thank you for your service. Membership is free to all active, retired and honorably discharged members of the United States Armed Forces, Police Officers and First Responders.
Membership Benefits
Annual Plumbing Inspection
Annual Water Heater Tune-up
*15% discount on all Service and Repairs
*$30 Discount on Dispatch Fees
*$300 Equipment Replacement Voucher
Water Testing
ed the Board and community on the status of the Troon case.
He said CCGYC attorneys had filed a motion to transfer a countersuit against CCGYC filed in Fairfax County to Accomack County Circuit Court.
Once the two cases are consolidated, Felt said he believed that Troon would be willing to negotiate a settlement with CCGYC.
The case involves Troon Golf’s contract to manage Captain’s Cove in 2022 and issues that arose during that relatively brief tenure.
CCGYC terminated the contract when monthly financial statements were not produced in a timely fashion.
Even more troubling were unaccounted funds of more than $500,000, which a forensic audit was authorized to investigate.
He said “you never know” what will happen but that conditions seem ripe for settlement outside of court proceedings.
Majerus also announced that the U.S. Army Corps of Engineers was close to issuance wetlands guidance for Sections 1, 7 and 10, citing wetlands consultant Chris McCabe.
Following a brief executive session, the Board reconvened a rejected a complaint by resident John Ward to abolish government, which government in particular the complaint didn’t specify.
ECC
From Page 45 plications in January alone, advising directors that he had run out the wrong form earlier in the day and couldn’t report year-to-date figures.
“Late November and December numbers will be added,” he said.
Wilder reminded applicants for new homes or renovations to make sure they fill out the application forms completely, noting that those that have omissions are sent back for revisions.
“The same information has to be presented to the county [for a building permit], so you might as well send it to us,” he said.
Monthly Republican meeting Feb. 18
The Accomack Republican Party invites the public to attend its monthly meeting on Feb. 17 a 7 .p.m. at the Sage Diner in Onley. For more information, contact Chairman Sam Sellard 757-7098252.
Majerus says town center project needn’t result in dues increases
New building could be financed through a bank loan
By TOM STAUSS Publisher
At a town center working group meet-
ing on Jan. 30, Captain’s Cove Golf and Yacht Club President Mark Majerus pushed back on the notion that a multi-year Town Center project including replacement of the primary Town Center building would result in annual dues increases.
He acknowledged that a reference to an estimated $2.5 million cost of a new building contained in the DMA reserve study in the 2028 time-frame had raised concerns in the community about the impact on annual dues,
prompting some CCGYC members to call for a halt to replacing the building and instead support renovating it at a lower cost.
Majerus during discussion at the Jan. 30 working group meeting said that renovation really wasn’t an option because of structural concerns with the existing building. He said that renovation isn’t a cost-effective solution.
He said that the $2.4-$2.7 million Town Center estimate in the DMA reserve study is for the entire project, not just the building, and that actual costs for a new building haven’t been determined.
In addition, he said that the higher assess-
ments may not be the means of financing new construction.
Alternatively, he said that debt on various capital projects including the new roof at the Marina Club would be paid off in the coming years, freeing up capital funds that could then be used to help finance a new building that would be funded by a bank loan.
He emphasized that there is no definitive timeline for completing the Town Center project, which includes the swimming pool, cart barn, the Veterans Memorial and other components.
Also during the Jan. 30 working group meeting, participants discussed at the latest iteration of a new Town Center building and discussed possible revisions to it, including making better space available for the golf pro and a larger outside deck.
December bad debt drives negative variance to budget
By TOM STAUSS Publisher
Bad debt expense resulting from more members than projected not paying lot assessments and increases in legal fees were the reasons that Controller Sarah Shifflett cited at the Jan. 28 Board of Directors meeting for a modest negative variance to budget for Captain’s Cove Golf and Yacht Club in December and year-to-date in the 2024-25 fiscal year.
For the year through December, the association is behind budget by $71,599. For the month, the negative variance to budget was $67,120.
In presenting the numbers, Shifflett suggested that issues with accounts receivables were the main driver in the negative variance. That’s reflected in the December bad debt expense of $640,078, over budget by $61,152.
For the year, it’s the same story. Bad debt expense is over budget by $67,442.
As for legal expenses, related to fees for collecting delinquencies, the association spent $7,171 more than budgeted in December; for the year, it’s about $5,000 more.
According to the December budget report on the CCGYC Website, dues and assessments collected through December were $34,373 less than budgeted, again an indication of more members than expected falling behind on their payments.
Aggressive collection efforts by staff are mitigating that phenomenon, reducing the number of non-payers that would otherwise be affecting association finances.
Shifflett added context to members not paying their assessments, forcing those who do to absorb the expense.
“If you would take out the bad debt, our budget would be $425,000 to the good,” she said.
CCGYC President Mark Majerus quantified the AR issue at 683 accounts that are behind in their payments, compared to 745 at the previous Board meeting. That 683 has been whittled down to 604 that are undergoing collection efforts.
But he said that this year’s budget was built on 531 not paying, resulting in a $136,000 financial impact.
Majerus noted that there have been some revisions to the way the financial results are presented and that some further revisions may be introduced in the future.
Captain’s Cove Golf and Yacht Club - Decembr 2025 financial results
CAPTAIN’S COVE CHRONICLES
Looking ahead to a season on the greens
By JULIA KNOPF Contributing Writer
Many people are looking ahead to the thaw, particularly after the bitterly cold snow days that have plagued most of the East Coast this winter. Golfers who have spent too long indoors eagerly anticipate the start of the new golf season.
With the promise of long, sunny days filled with clubs swinging and balls soaring, the excitement of even a slight warm-up becomes palpable at the Captain’s Cove Pro Shop. This year, we look forward to various events designed to foster camaraderie and competition among members, guests, and the public.
At the helm of our golf operations and keeper of the schedule is Golf Manager Cole Scott, a sarcastic and beloved figure within the community. Scott grew up on the same fairways where he now works. For the last decade, he has focused on making golf more accessible to all, with a special focus on the members of his community. “Captain’s Cove is a unique place, especially the course. Despite being nine holes, it is one of the most challenging in Virginia.” Scott’s passion for the community and the game is something he shares with everyone entering the Pro Shop doors. He keeps the spirit of “The Cove” in the tournaments he hosts, welcoming all to the game.
Throughout the season, Captain’s Cove, led by Scott, hosts Monthly Members Tournaments, offering participants a chance to showcase their skills and meet fellow golf enthusiasts and newbies while enjoying the friendly competition that makes the sport unique. The monthly tournaments are generally held on the second Saturday of the month. Teams are comprised of four golfers in this best-ball scramble-style competition.
Scott assures, “Everyone can have fun and has a chance to win. It’s about getting people out and enjoying the game.”
These tournaments are held at no additional cost, which means Captain’s Cove members can play for as little as $22.
In addition to the Monthly Members Tournaments, Scott fills out the calendar with tournaments highlighting holidays and seasonal fun.
Captain’s Cove Members are known for their generosity. This passion for giving is evident in the golf calendar. The community celebrates the summer holidays with three tournaments emphasizing a philanthropic side. This year, the Memorial Day, Independence Day, and Labor Day tournaments will all be used to help honor veterans. Funds raised during these outings will go directly to constructing the new Veterans Memorial at Captain’s Cove.
Scott points out that the Golf Course is used for many fundraising opportunities. The Raven’s Roost #126 Tournament, held each June, collects monetary and non-perishable food items for the Foodbank of Southeastern Virginia and the Eastern Shore. This day of fun in the sun helps to support the Foodbank
during a time of the year when they are often forgotten.
In September, Focus moves to the Greenbackville Volunteer Fire Department, helping raise funds to support the department that covers Captain’s Cove.
“These golfers raise a lot of money (for the community). It isn’t just a game; it is so much more,” Scott says when asked about the golf calendar’s charitable tournaments.
Scott invites everyone, including the the public, members, and guests, to come out for a game.
In addition to daily play and tournaments, Scott hosts several leagues. These leagues can help new golfers to grow their game while keeping the old-timers on their toes. No matter the skill level, 9 or 18 played on the course is time well
spent. With its array of sand traps and water hazards, Scott promises a captivating experience.
So stop by the Pro Shop and grab a copy of the 2025 Golf Schedule. Thanks to Scott and the entire Golf Course Operation team, there are plenty of opportunities to experience the fun all year round.
From monthly member tournaments to summer holiday events, this golf season promises to be filled with opportunities for growth, friendly competition, and community engagement. Dust off those clubs, embrace the spirit of the game, and join in on making this golf season one to remember!
Julia Knopf is Community Relations Manager of Captain’s Cove Golf and Yacht Club.
