January 2020
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THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY
COVER STORY
OPVFD asks for assessment abatement for firefighters Board of Directors, Budget and Finance committee receptive to proposal because of recruitment challenges By TOM STAUSS Publisher iting a decline in participation by volunteer firefighters, the Ocean Pines Volunteer Fire Department is asking the Ocean Pines Association to incentivize membership by waiving the annual Ocean Pines Association lot assessment for volunteers who meet strict qualifications, including holding proper certificates and having a minimum of three years of service. To be eligible, OPVFD members would have to be Ocean Pines homeowners. According to a summary prepared by the Budget and Finance Advisory Committee, 19 OPVFD members would qualify immediately, costing the OPA an estimated $18,582 to fully implement in 2020-21. The consensus of the committee was to support the request and recommend it to the Board of Directors for further consideration. In a Jan. 15 budget review, board members seemed to support it. Before consideration of an assessment abatement, the OPA’s contribution to the fire/emergency services budget would have been reduced from this year’s forecast of $693,000 to $678,000 in 2020-21. In a response to an email question from the Progress, General Manager Viola said that “we’ll review how well
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the program works after the first year and then make adjustments. The feeling is there could be a limited pool of money each year in the unlikely (but welcome) case that firefighter recruitment skyrockets [as a result of the assessment relief]. “For now, we’re aware of the Fire Department’s staffing difficulties and are trying to do whatever we can to address them. They’re an extremely important and valued part of our community, and we feel their request was very reasonable, especially because they found other parts of the budget to trim in order to facilitate this relatively small increase.” Viola does not think that this assessment relief would result in similar requests from other volunteers active in Ocean Pines. “We felt this was a unique case and is designed to help improve volunteer recruitment and retention, which our partners at the Fire Department have repeatedly said they are struggling with. These volunteer, unpaid firefighters regularly put themselves in harm’s way to ensure the safety of others,” he said. Viola said that an alternative to this approach might be to “switch to a model of all paid fire and EMS personnel, which we believe would cost the Association millions of dollars each year. We feel there are several clear distinctions, primarily the safety and risk factor of the job, versus, for instance, the Board of Directors,” he said.
Assessment would decline by $5 if proposed budget is approved by Board of Directors next month Page 8
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OPA setting the stage for Sports Core room addition No construction likely will occur in 2020-21, but the Ocean Pines Association is on a path to setting aside $100,000 in the recently established New Capital Reserve for the eventual construction of a training/party room addition to the Sports Core enclosed pool complex. General Manager John Viola’s draft budget for 2020-21 did not include funds for the room addition, but it came in for some extended discussion during the Budget and Finance Advisory Committee budget review meetings in early January. ~Page 13
Yacht Club surplus projected for second consecutive year
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he proposed 2020-21 budget for the Yacht Club calls for a $33,272 year-overyear increase in profit over the current fiscal year’s projections, and the second consecutive year of an operating surplus for an amenity that historically has been a drain on OPA resources. The projected 2020-21 budget’s bottom line for the Yacht Club is $88,014. That compares to a projected $54,742 a surplus at the end of current fiscal year. ~ Page 15
OPA lawyers respond to Trendic lawsuit
Attorneys representing the Ocean Pines Association on Dec. 9 filed a response to the Slobodan Trendic law suit that asks the Circuit Court of Worcester County to order the OPA to conduct a referendum limiting Board of Directors’ spending authority. The attorneys argue that the Board of Directors relied in good faith on legal advice when rejecting the petition request and is protected by the business judgment rule. ~Page 16
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January 2020
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2020-21 OPA BUDGET BUDGET BRIEFS Committee suggests change to medical insurance
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The Budget and Finance Advisory Committee is recommending that the OPA look into a change in employees’ health insurance plans. The option would allow higher deductibles that would be self-funded by the OPA. An example: An employee has coverage with a $500 deductible under the current plan. The employee would continue to be responsible for medical expenses less than $500. As a way of reducing costs to the OPA, the OPA would be responsible for costs above $500 to, perhaps, $5,000. Put another way, the OPA would “selffund” a $5,000 deductible, with the expectation that there would be a lower premiums resulting from the higher deductible. “Our administrator would manage the payments and our broker would use history to estimate the impact of going with a higher deductible. This is something a broker should be able to offer as an option during the next annual insurance review,” the committee says in a recommendation to the Board of Directors. If the board agrees to study the possible change, some committee members would participate in the study. Indications are that the Board of Directors is receptive.
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No marketing expense charged to Yacht Club
The proposed Yacht Club budget for 2020-21 continues to enjoy an exemption for marketing costs, an artifact of a long tradition in Ocean Pines in which promotion and marketing expenses are charged to the Marketing and Public Relations Department. No one is trying to change that long-standing practice during the current review of next year’s budget. General Manager John Viola, however, has noted that a lot of marketing expenses under the department’s prior direcTo Page 5
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4 Ocean Pines PROGRESS
January 2020
2020-21 OPA BUDGET
January 2020 Ocean Pines PROGRESS
BUDGET BRIEFS From Page 3 tor has been eliminated, especially advertising that had been directed into television and radio. Some outside marketing continues. The OPA with the Matt Ortt Companies has been promoting the Yacht Club’s banquet/wedding business in nearby Salisbury, Harrisburg and elsewhere.
Golf ‘launch monitor/simulator endorsed by committee
The B&F committee is recommending the addition of $20,000 in the 2020-21 new capital budget for what’s called a golf “launch monitor/simulator” at the Ocean Pines golf pro shop. It essentially is a big screen replica of a golf fairway into which a golfer hits a golf ball from a tee; the shot bounces harmlessly off the screen. Various electronic equipment tracks the arc of the shot on the screen, allowing a golf pro to custom-fit golf clubs and correct swings based on data gathered from the electronics. Dick’s Sporting Goods in Salisbury has such a device. A Google search also shows how various models perform. General Manager John Viola initially did not include the device in his proposed budget, but it was added in version two presented at the Jan. 15 Board of Directors’ budget review meeting In other discussion, the committee was informed that: • The ten-round golf option at $400-$450 has been eliminated because three or four of these memberships were sold this year. Director of Golf John Malinowski said the aging golf community in Ocean Pines is playing less and is tending to prefer paying daily greens fees over annual memberships. • An assistant pro position is included in the proposed golf budget for 2020-21 but is not currently on the payroll. • Management of the Terns Grille is shifting to the Matt Ortt Companies, which will assume day-to-day control of the restaurant/bar operation
in the new golf clubhouse when it opens in the spring. In a Jan. 15 budget review meeting, the Board of Directors did not object to the simulator’s inclusion in the 2020-21 capital budget
Police department asks for unique 401(k) program
Chief of Police Dave Massey is asking for a 401(k) retirement program unique to the Ocean Pines Police Department. In remarks to the B&F committee, he cited a history of trained police officers leaving for other Police Departments in the area including Worcester County, Pocomoke, Berlin, Ocean City and Snow Hill. Most area police departments have a defined retirement plan, Massey said, compared to the OPA’s “undefined” plan for police officers and other OPA employees. Massey said this leaves Ocean Pines in a competitive disadvantage to OPA, with officers leaving Ocean Pines at great cost considering training, recruitment and overtime. The committee reacted favorably to Massey’s comments, recommending the establishment of a dedicated OPPD 401(k) program that would contribute 5 percent of salary, estimated at $25,000, to an officer’s 401(k) account. The committee recommended the GM to adjust the budget to reflect this change, and the version of the budget reviewed by the Board of Directors Jan. 15 included it, with no push-back by OPA’s elected decision-makers. This change, along with an assessment abatement program approved for volunteer firefighters in Ocean Pines, is the reason that the assessment is currently proposed for a $5 decrease in 2020-21, rather than the $8 initially proposed by General Manager John Viola. Under this plan, officers would be automatically enrolled in the program. With this automatic enrollment, a percentage of the officer’s salary would be put into the plan, with an opt-out available. The employee will be entitled to opt out of this part of the plan but would have the option to voluntarily contribute from his/her salary an additional amount into the program, up to the limit allowed by federal law. To Page 7
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Zumba Monday & Wednesday | through March 2* 4:30-5:15pm
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$2 OP swim members $4 OP residents | $6 non-residents
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Tai Chi with Shibashi at the Community Center
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Aerobics Mash Up Tuesday | through February 25 8:30-9:15am $6 drop-in
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6 Ocean Pines PROGRESS
January 2020
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BUDGET BRIEFS From Page 5 Some committee discussion ensued on what impact a separate 401(k) program for the police department would have on other OPA employees. Viola was urged to “carefully communicate” to if and when the change is rolled out.
Reconversion to propane at amenities envisioned
Concerned about the cost of natural gas at Ocean Pines pools and other amenities, the B&F committee has authorized member Tom Piatti to assist Aquatics and Logistical Operations Director Colby Phillips in reviewing the possibility of converting back to propane from natural gas. Committee member Jeff Knepper suggested natural gas is running roughly 20 percent higher in cost than propane. In other Aquatics developments, the committee was told that food service at the Swim and Racquet Club will be eliminated this summer, with vending machines serving as replacements. Phillips is recommending the addition of a few more Hydrobikes, which are popular items at the Sports Core pool. The initial batch of bikes paid for themselves in roughly six months in course fees.
Committee concerned about tennis deficits
The proposed tennis budget projects a $28,494 loss in tennis in 202021, based on $24,116 in revenues and $52,610 in expenses. That concerns members of the B&F committee, who in budget review meetings this month expressed the hope that the projected loss can be reduced. Amenities Director Colby Phillips recently announced the hiring of Tim McMullen to serve as part-time tennis pro, with the expectation that there will be increased revenue through added classes and clinics. Tennis, like golf, is facing headwinds of an aging membership.
January 2020 Ocean Pines PROGRESS
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Country Club or golf clubhouse?
In budget discussions held over a three-day period this month, and in a summary of meetings provided to the Board of Directors, the B&F committee referred to the new golf clubhouse under construction as the Country Club, which is what the building that occupied roughly the same footprint as the new facility was called throughout its 50-year history. No decision or public discussion has yet occurred at the board level to resolve this question. A golf clubhouse implies exclusive use for golf-related activities, while Country Club implies a more expansive purpose, including social activities open to the entire community.. “The gym and Assateague Room [in the Community Center] are in high demand,” the committee says in a report to the board. “We will leverage the new Country Club to alleviate space issues for meetings and non-gym activities. There will be a 40 by 40 room for community use in the clubhouse.”
Preventive maintenance costs reduced
Public Works Director Eddie Wells informed the B&F committee that because of all the new buildings coming on line in the coming months, there is less need for preventative maintenance in 2020-21 budget when compared to prior years. The proposed preventative maintenance budget for the coming year is $220,000. For those who might wonder how services provided by the Public Works Department are reflected in other departmental budgets, Wells said work performed is billed out to departments accordingly.
Asphalt paving around South Gate pond
General Manager John Viola’s draft budget for 2020-21 didn’t include capital funding for asphalt paving around the South Gate pond, but the B&F committee expressed a lot of interest in it without necessarily supporting its inclusion next year. q
2020-21 OPA BUDGET
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2020-21 OPA BUDGET
January 2020
Proposed 2020-21 budget calls for $12.83 million in operational spending Assessments would decrease by $5 under revised budget proposal By TOM STAUSS Publisher
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he proposed 2020-21 budget unveiled by General Manager John Viola in mid-January called for $12.83 million in departmental spending, including roughly $339,000 in general adjustment pools. That’s $434,626 more than projected departmental spending of $12.4 million in the current fiscal year, according to the latest end-ofyear estimates. That’s an increase of 3.5 percent The budget for 2019-20 approved in February of last year called for $12.54 million in operational spending, which is about $297,000 less than the projected $12.83 million in 20-2021. That’s a year-over-year increase of about 2.3 percent in anticipated operational spending. This year’s operating surplus at year end is expected at more than $400,000, a significant “miss” to the upside which has everyone within the Ocean Pines Association feeling elated. The original 2020-21 budget proposal called for a $8 decrease in the assessment, but revisions suggested by the Budget and Finance Advisory Committee has cut the decrease to $5, from the current $986 to $981. A Jan. 15 Board of Directors budget review meeting preserves this $5 assessment decrease and that seems unlkely to change when the budget is approved early next month. The proposed budget calls for a $50 increase in the waterfront differ-
Pond path paving From Page 7 “This new capital project requires additional study which must include storm water management plans to divert water that presently causes erosion of the existing gravel pathway,” the committee said in a summary to the board. This project does not appear in the proposed capital budget that has been posted on the OPA Web site.
ential paid by most owners of bulkheaded property, increasing it from the current $465 to $515. If the board retains the adjusted $981 base assessment, owners of most bulkhead property in Ocean Pines will pay a total assessment for 2020-21 of $1,496. The proposed budget makes no changes in amenity membership fees, but adjusts daily fees for use of Ocean Pines pools by outsiders, those who neither live nor own property in Ocean Pines. [See article on Page 24 for details.] There are also proposed adjustments of 4 per cent or more in boat slip rentals at the Ocean Pines Yacht Club marina. The proposed $339,000 in general adjustment pools refers to additional revenues needed to pay for a two percent average cost of living increase, a 1.5 percent merit increase, increases tied mandated wage minimums, and roughly $64 related to the Sibson Consulting compensation study. The proposed budget calls for $2.98 million in capital projects, including a $100,000 transfer into the New Capital Reserve for a future Sports Core pool room addition. According to documents released during this month’s budget review process, bulkheading projects are estimated at $1.1952 million, road resurfacing at $324,570, drainage at $611,575 and dredging at $60,000. Road resurfacing and drainage projects would be funded out of the replacement reserve, while bulkheading replacement and spot dredging would be funded out of the bulkheads and waterways reserve. All four of these categories total $2,188,645. The balance of the $2.98 million, includes proposed capital spending in administration, Public Works, Police, Recreation and Parks, Aquatics, Golf Maintenance, the golf clubhouse, the Beach Club, the Yacht Club and Racquet sports. The forecast/budget comparison schedule [reproduced on this page]
includes a total capital funding number that does not include bulkhead replacement. [See article on Page 10 for details about proposed capital spending.] Viola publicly introduced the pro-
Source: Proposed 2020-21 budget released Jan. 15
posed budget during a Jan. 4 Board meeting. At that time, he offered a budget reconciliation, comparing his initial $978 proposed assessment to the current assessment of $986. According to Viola, positive numbers from amenities ($26) and other Association departments ($23) would help lower the assessment. He subtracted another $30 from the annual charge by waiving the operating deficit recovery begun last year. Instead, he proposed to use the current year budget surplus to help offset part of the remaining deficit. Viola said salary adjustments, q
8 Ocean Pines PROGRESS
2020-21 OPA BUDGET
January 2020 Ocean Pines PROGRESS
9
$12.83 million budget
From Page 7 based on the recent compensation study by Sibson Consulting, would add $30 to the assessment, including $7 per homeowner for market adjustments, $9 for mandatory minimum wage increases, $9 for a cost-of-living adjustment, and $5 for merit raises. Increased medical costs would add another $9, plus $13 for depreciation and $19 for the restored bulkhead reserve contribution, Viola said. Two recommended changes in the original proposed budget by the Budget and Finance Committee in review meeting Jan. 6-8 trimmed the proposed decrease in the assessment from $8 to $5. One change was presented by Chief of Police Dave Massey and the other by Ocean Pines Volunteer Fire Department President Dave VanGasbeck and Fire Chief Steve Grunewald. The OPVFD request was for a waiver of OPA annual assessments
The dive-in event at the Sports Core pool earlier this month was a smash hit with both staff and participants.
for firefighters who have served for at least three years and meet other requirements. The OPPD request was for a
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change in 401(k) contributions, adding a 5 percent employer contribution to police officers’ retirement funds. Viola, in closing out the com-
mittee sessions on Jan. 8, said the Association crafted the proposed budget using a “bottom’s up” approach.
10 Ocean Pines PROGRESS
January 2020
$2.99 million in capital spending proposed in draft 2020-21 budget
2020-21 OPA BUDGET $3,500 per home. The number of homes are contingent on approvals from the Army Corps of Engineers. Other capital expenditures proposed for funding in 2020-21 include $150,000 for new siding and roof for the Administration Building, $110,000 for a tractor to be used for ditch maintenance, $65,000 for concrete sidewalks in the Manklin Creek Road Racquet Sports Complex, $50,000 to refurbish Robin Hook Park in the far South Side, $47,625 for Bainbridge Park playground equipment, $40,000 for an awning on the back of the new golf clubhouse, $40,000 for new counters, shelves, and cabinets in the golf pro shop, $37,000 for a new police department vehicle, $34,628 to resurface the Administration Building parking lot, $23,000 for two zero-trim mowers, and $18,000 for new pool furniture.
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to pipes, $76,000 for mobilization and stake-out By TOM STAUSS costs, and $83,000 in contingencies. Publisher Colby Phillips, amenities and logistical opert’s a fairly aggressive capital spending budget for 2020-21 that’s been proposed by General ations director, has been working with county Manager John Viola and staff, calling for $2.99 officials in an effort to obtain grant funds to supmillion in spending on bulkheads, roads, drain- plement what the OPA would spend on its own age, dredging and assorted other spending cate- to improve drainage in the Beacon Hill-Sandyhook-Pinehurst areas that are well known for gories. It doesn’t include any of the building projects drainage problems. Viola told the Progress recently that Phillips is under way, such as the new golf clubhouse, the golf cart barn, and the police department expan- scheduled to appear at the February meeting of sion/administration building renovation. These the Board of Directors to update the community The proposed capital spending list includes are all being funded in the current fiscal year, on the drainage programs and prospects for out$15,000 to refurbish the baseball field on the side funding. 2019-20, from the replacement reserve. The $60,000 budgeted for dredging includes South Side, $15,000 to rebuild greens on the According to documents released during this month’s budget review process, bulkheading proj- funding for spot dredging in canals that serve Ocean Pines golf course, $15,000 for tablets at ects are estimated at $1.1952 million, road resur- up to 20 homes, at a cost ranging from $1,500 to facing at $324,570, drainage at $611,575 and dredging at $60,000. Road resurfacing and drainage projects would be funded out of the replacement reserve, while bulkheading replacement and spot dredging would be funded out of the bulkheads and waterways reserve. All four of these categories total $2,188,645. The balance of the $2.99 million includes capital spending in administration, Public Works, Police, Recreation and Parks, Aquatics, Golf Maintenance, the golf clubhouse, the Beach Club, the Yacht Club and Racquet sports. Targeted for bulkheading replacement are areas in the Pintail Isle section of Ocean Pines, along North Pintail Drive and a parcel that the Public Works Department calls Stacy Park. Plans are to replace 3,180 linear of bulkheading. The estimated cost of 3,180 linear feet of bulkheading at a rate of $375 a linear foot is $1,192,500. It could be more or less than that depending on the cost of petroleum and how competitively priced the bids are. There are three marine contractors bidding for business in the revived bulkhead replacement program. Roads slated for resurfacing in 202021 include Admiral Avenue, Beach Court, Drawbridge Road, Fossi Grange, Ivanhoe Court, Juneway Court, Raft Road North, Raft Road South, and Weeping Willow Court, totalling the budgeted $324,570, at an estimated cost of $100 per ton, up from $70 a ton in 2018. The budgeted drainage costs include pond improvements ($68,000), swales ($28,375), improvements on Beacon Hill Road ($41,270), Sandyhook Road ($52,960), and Pinehurst Road ($61,970). In addition, the drainage budget includes $100,000 in permitting and engineeing costs, $100,000 for unexpected damage Source: Proposed 2020-21 Ocean Pines Association budget, Jan. 15 version. Summary does not include $1.195,200 in estimated bulkhead replacement expenditures.
January 2020 Ocean Pines PROGRESS 11
2020-21 OPA BUDGET Capital budget From Page 5
the Beach Club, and $14,675 for a new double door convection oven at the Yacht Club In addition, the proposed capital spending list includes $9,000 for a new North Gate pond fountain, $9,000 to move bocci courts from White Horse Parks to the racquet complex, $8,326 for new hollow metal doors for the pump room at the Beach Club pool, $8,000 each for splash pad refurbishments at the Swim and Racquet Club and Mumford’s pools, $7,000 for handicap stairs the Swim and Racquet Club (2021), and $7,000 for a photo booth at the Yacht Club. Initially proposed were $10,000 for a sound system and $25,000 for new tables and chairs for the new golf clubhouse, but those items will probably be moved into the current fiscal year on the recommendation of the Budget and Finance Committee. The thought here was that these items could be paid for this year out of the $1.6 million budget for the new clubhouse because they are needed before the new facility opens this spring. That same logic didn’t apply to $40,000 in new cabinets, shelves and a pro shop counter that is included in the proposed capital budget for next year. While included in next year’s capital budget -- to be funded out of the replacement reserve -- these items, too, will need to be installed before the new clubhouse can open this spring. The photo booth at the Yacht Club was questioned by some members of the budget and finance committee, but it was one of the top priority items recommended by the Matt Ortt Companies as a way of enhancing the wedding business at the Yacht Club. Added in the Jan. 15 version of the capital budget is $100,000 to be transfered into the New Capital Reserve for a future Sports Core training/party room addition [See story on Page 13 for details].
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12 Ocean Pines PROGRESS
January 2020 Ocean Pines PROGRESS
OPA setting the stage for Sports Core addition Perrone suggests setting aside $100,000 in New Capital Reserve for training/party room By TOM STAUSS Publisher o construction likely will occur in 2020-21, but the Ocean Pines Association is on a path to setting aside $100,000 in the recently established New Capital Reserve for the eventual construction of a training/party room addition to the Sports Core enclosed pool complex. General Manager John Viola’s draft budget for 2020-21 did not include funds for the room addition, but it came in for some extended discussion during the Budget and Finance Advisory Committee budget review meetings in early January. The B&F committee meetings were also attended by some OPA directors, one of whom, Larry Perrone,
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suggested revising the capital budget to include an initial $100,000 transfer into the recently established New Capital Reserve for the room addition. Committee members favored the idea of “saving” for the room addition through contributions to the New Capital Reserve. Viola agreed to the revision, and the Board of Directors seemed to agree as well in a Jan. 15 budget review meeting. The $100,000 transfer would not affect the lot assessment for 2020-21. Director of Amenities and Logistical Operations Colby Phillips said a business plan for the room addition had been presented several years ago, with one of the proposed purposes an after-school program. The cost of the addition then was es-
timated at $200,000. She told the committee that because of some opposition in the community to an after-school program, the current thinking is that, alternatively, fitness equipment “in a small gym” could be added to the training/party room, made available for use as part of an Aquatics membership and perhaps through a stand-alone membership. “We don’t want to go there,” she said of the after-school program. She said that a business plan would need to be developed to justify the purchase of fitness equipment and adding more space for a small gym. Another option would be to build a dedicated fitness center, either at the Sports Core or elsewhere in
13
Ocean Pines, she said. The additional space at the Sports Core for a small fitness center could add up to $300,000, sources told the Progress. Phillips told the committee that if the community and board gets behind the idea of a fitness center at the Sports Core complex, it could be phased in after the original party/ training room is completed. Perrone said that an initial contribution of $100,000 to the New Capital Reserve was consistent with how that reserve was intended to be used. He said if it’s contributed with the idea that it would be saved over time to be used to build the Sports Core room addition, that would address concerns from some critics who expressed fear that funds would be set aside with no plans for how they are to be spent. Phillips and Aquatics Manager Kathleen Cook offered reasons for why the room addition is needed. “We’ve outgrown the space,” Phillips said. Cook told the committee that teaching CPR classes is made more q
2020-21 OPA BUDGET
2020-21 OPA BUDGET
January 2020
Most amenity fees remain the same in proposed budget
Sports Core addition
From Page 13 difficult because there’s no room at the Sports Core for the lecture portion of classes. Participants have to move over to the nearby Southside Fire Station for lectures. Citing lifeguard classes taught at the Sports Core, she said having a separate room for teaching would result in “a much more positive environment.” Phillips said another example of that would be the revenue-generating program of bringing 4th graders to the pool. Another Director, Colette Horn, also spoke favorably of the idea of setting aside money in 2020-21 for a room addition.
Boat slips rates, non-resident swim rates to increase By TOM STAUSS Publisher he proposed 2020-21 Ocean Pines Association budget under review by the Board of Directors for the most part leaves membership rates and user fees unchanged, with two exceptions.
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Harbormaster Ron Fisher has recommended an increase in Yacht Club marina boat slip rates, 4 percent in two instances and 7.1 percent in another. For boats ranging in size from 15 to 25 feet, the fee would increase from $1,800 to $1,872.
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For boats ranging in size from 26 to 39 feet, the fee would increase from $2450 to $1,548. These increases are 4 percent. For boats ranging in size from 40 to 44 feet and live-aboards, the fee would increase from $3,355 to $3,594, a 7.1 percent increase. At the Swim and Racquet Club, the fee for all boat slips would be $1,352, a slight drop from this year’s $1,360. Amenities and Logistical Operations Director Colby Phillips and Aquatics Manager Kathleen Cook have recommended fee increases in daily user fees at the pools for non-residents. There would be no increase in daily fees for Ocean Pines Association members and Ocean Pines residents, a category that includes long-term renters. The purpose of the increase is to respond to complaints that there hasn’t been enough of difference in fees between members and residents and those who haven’t contributed to the cost of operating and maintaining OPA assessments through annual lot assessment. Whereas $2 has been the typical spread, the new proposed non-resident rates will increase the differential to $4 in most cases. At the four pools in Ocean Pines, non-resident adults 18 and older will be charged $12 and non-resident children 5 to 17 will be charged $10. That’s $2 more than the current rate. The pool at the Ocean Pines Beach Club in Ocean City has always had a non-resident daily rate structure the same as the four pools in Ocean Pines, but that will change if the new rate structure is accepted by the board. Beginning this summer, non-resident daily users 18 and older will pay $15 for entry to the Beach Club pool, while non-resident children 5 to 17 will be charged $10. Ocean Pines Association members and Ocean Pines residents would not be charged more than q
14 Ocean Pines PROGRESS
2020-21 OPA BUDGET
January 2020 Ocean Pines PROGRESS
Proposed Yacht Club budget projects $88,000 2020-21profit Matt Ortt Companies projects the second consecutive operating surplus By TOM STAUSS Publisher he proposed 2020-21 budget for the Yacht Club calls for a $33,272 year-over-year increase in profit over the current fiscal year’s projections, and the second consecutive year of an operating surplus for an amenity that historically
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Amenity fees From Page 14 they would be at the four mainland pools for using the Beach Club pool. In all cases children under 5 are admitted free but must be accompanied by a paying adult. Membership rates for golf, aquatics and the three raquet sports would not be increased if the rate structure as proposed by the OPA administration is approved by the board.
has been a drain on OPA resources. The projected 2020-21 budget’s bottom line for the Yacht Club after other expenses are deducted, such as contracts and supplies, repairs and maintenance, and utilities and miscellaneous, is $88,014. That compares to a projected $54,742 a surplus at the end of the current fiscal year. The Yacht Club budget was reviewed by the Budget and Finance Advisory Committee during the week of Jan. 6 and by the Board of Directors Jan. 15. It was prepared by the Matt Ortt Companies, with the assistance of General Manager John Viola and Finance Director Steve Phillips. Viola recommended that the committee not attempt to revise the Yacht Club budget, calling it a winwin for the OPA and MOC and one that generally follows the particu-
lars of the new management contract negotiated last year. The agreement calls for a management fee of $200,000 and a 5050 split of revenues that exceed the budgeted surplus. Viola said he wouldn’t be surprised by a positive variance to budget at the end of 2020-21, with both the OPA and MOC sharing in the surplus under the new contract. If as projected the Yacht Club earns a profit this year, it will be the first time in the history of Ocean Pines that this amenity has done so. Viola is hoping the improvement will continue and seems reluctant to tamper with MOC’s projections on how it gets there. Committee members noted that banquet food revenues are projected to decrease over this year’s projected revenues, from $400,833 to $280,000, a $121,000 difference.
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At the same time, banquet beverage revenues are expected to increase over the year-end projection, from $90,267 to $125,000. Viola offered no explantion for the dramatic decrease in one banquet category versus the more modest increase in the other, but he said the the margins are improving. Utility expenses are also projected to increase rather dramatically at the Yacht Club next year, from this year’s projected $109,825 to next year’s $147,366. Electricity is budgeted to increase $12,000, gas $17,000 and refuse removal $8,000. One possible reason for the projected increase in gas may be the switch from propane gas to natural gas, with natural gas costing about 20 percent more than propane, according to committee member Jeff Knepper. There are ongoing discussions about switching back to propane at all OPA venues. The proposed Yacht Club budget projects an increase in revenues from this year’s projected $1,816,599 to $1,834,295 in 2020-21, a $17,696 net increase.
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January 2020
Attorneys for OPA respond to Trendic lawsuit Defense relies on business judgment rule and directors’ ‘good faith’ reliance on legal advice By TOM STAUSS Publisher ttorneys representing the Ocean Pines Association on Dec. 9 filed a response to the Slobodan Trendic law suit that asks the Circuit Court of Worcester County to order the OPA to conduct a referendum limiting Board of Directors’ spending authority. The response asks the court either to dismiss the suit outright or grant a motion for summary judgment in favor of the OPA. Attorneys Jennifer S. Jackman and David M. Hornstein of the Washington, D.C. based Whiteford, Taylor, and Preston law firm argue that members of the Board of Directors named as defendants in the Trendic lawsuit relied in good faith on legal advice by OPA attorney Jeremy Tucker when rejecting the
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petition Trendic submitted to force a referendum on board spending authority. The attorney’s also said that the OPA and individual directors are protected from court review of their business decision by Maryland’s business judgment rule. “The undisputed facts show that the OPA Board acted on an informed basis, in good faith, and in the honest belief that action was taken in the best interests of the association when it solicited and relied on advice of counsel in making its decision to reject Plaintiff’s petition,” the attorneys said. According to Progress research, the BJR says that a court will generally not grant judicial review unless the plaintiff makes a showing that the acts at issue were not authorized by the corporate charter, were
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fraudulent or illegal. Similarly, there’s a Court of Special Appeals decision, Black vs. Fox Hills North Community Association, that says the BJR rule precludes judicial review of a legitimate business decision of an organization absent fraud or bad faith. Bad faith is said to be present when a showing is made of self-dealing, unconscionable conduct, dishonesty or incompetence. Bruce Bright, Trendic’s Ocean City attorney, argued in his filings that the board’s actions violated OPA bylaws, specifically sections 4.07 and 4.08 as well as Board Resolution B-07 pertaining to petitions. He also seemed to anticipate that the defense would invoke the business judgment rule in attempt to have Trendic’s complaint dismissed. “The actions by the board as alleged ... were and are not in good faith, were and are outside the scope of the board’s legitimate and lawful decision-making and authority, and therefore are not protected by the business judgment rule,” Bright said in his complaint. In support of that argument, Bright cited public comments from Director Larry Perrone at a recent board meeting that in the lawyer’s view “reveal that the board [in rejecting the petition submitted by Trendic] is principally driven by opposition to the proposed spending
limit,” rather than an honest application of language in the OPA’s governing documents. Bright also contended that Board Resolution B-07 that gives specific directions on how petitions are to be handled by the board of directors “was either intentionally ignored or not reviewed or considered by the board or reviewed by legal counsel [Tucker].” That was a reference to Tucker’s admission in a legtal opinion that he had not actually reviewed sample petitions contained as part of B-07. Wording in those sample petitions was used by Trendic in formulating language in his petition asking for a commuity-wide referendum on the issue of limiting board spending authority. Bright also said the board ignored the actual and clear intent of By-laws 4.07 and 4.08 “which required only that a referendum petition present a question to be voted upon by OPA members.” Bright had not yet filed a response to the motion filed by OPA’s attorneys by the Progress’ January print deadline. But it would appear that the two sides in the weeks ahead will be dueling over the applicability of Maryland’s Business Judgment Rule and whether the board acted in bad or good faith in rejecting Trendic’s petition. Bright has made it clear he believes the rejection was in bad faith, contrary to the claims of OPA’s attorneys. Defendants OPA and Doug Parks, Colette Horn, Larry Perrone, Steve Tuttle, Frank Daly, Tom Janasek, and Camilla Rogers, as OPA direc-
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OCEAN PINES
January 2020 Ocean Pines PROGRESS
Douty breach of contract lawsuit set for Jan. 31 circuit court hearing
Trendic still soliciting funds for lawsuit
Trendic lawsuit From Page 16 tors, “owed statutory, contractual, and fiduciary duties to the plaintiff and other OPA members, to act honestly and in good faith, and in accordance with the OPA by-laws and the board’s own resolutions, including Resolution B-07,” the suit says. “Defendants have breached those duties, and in such regard, have acted in bad faith, contrary to the best interests of the OPA and the OPA members including plaintiff, and in derogation of the OPA by-laws and the board’s own resolutions, including Resolution B-07. “Furthermore, in this regard, the
defendants acted outside the scope of their proper duties, with a reckless and wanton disregard for the rights and interests of plaintiff and other OPA members, including the signers of the subject petition, and in a grossly negligent manner,” the plaintiff asserts. Arguing that the plaintiff is directly and adversely aggrieved by the defendants’ conduct, the suit asks the court to decide in favor of the plaintiff and against the defendants jointly and severally, for compensatory damages in an amount not in excess of $75,000, for attorney’s fees incurred by plaintiff, and “for such other and further relief as the Court deems just and proper.”
Former human resources manager contends he was terminated for political reasons By TOM STAUSS Publisher
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he Worcester County Circuit Court issued an order Dec. 5 to the parties in the Nate Douty breach of contract lawsuit against the Ocean Pines Association and individual directors to attend a hearing on the case on Jan. 31 at 9:30 a.m. in courthouse number two in Snow Hill. Douty, who was fired as the OPA’s part-time human resources manager about a year ago, filed his breach of contract suit against the OPA on July 26 of last year. He is represented by Baltimore lawyer Francis J. Collins, who is asking for a jury trial on Douty’s behalf. Preliminary hearings such as the one scheduled for Jan. 31 are typical in civil litigation. The system tends to favor the parties working out an outof-court settlement over jury trials. Whether that is realistic in the Douty litigation remains to be seen. The OPA is represented by attorneys Jennifer Smith Jackson and Katelyn Brady of the Washington, D.C., law firm of Whiteford, Taylor and Preston, selected by the OPA’s insurance carrier. The firm has a satellite office in Ocean City So far, the parties have filed dueling preliminary motions in the case. The discovery phase has not yet begun.
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Slobodan Trendic has sent out a letter to those who signed the petition for a referendum on board spending authority in the hopes of raising more funds for his lawsuit. Trendic told the Progress that he’s probably going to need another $3,000 to pay his legal fees. Anything short of the goal he will have to come up with himself. Small contributions in the amount of $50 or $100 should suffice, he said. Those interested in contributing should send checks payable to START at 20 Drawbridge Road, Ocean Pines, MD. 21811.
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OCEAN PINES
January 2020
Board votes to update OPA organizational chart The two Phillipses are given titles that reflect operational parity By TOM STAUSS Publisher he Board of Directors on Jan. 4 approved 7-0 a new organizational chart for the Ocean Pines Association, changing the titles of four individuals who currently work for the OPA without changing any of their day-to-day duties under General Manager John Viola. Colby Phillips, whose title had been director of operations for several months, will now be called the director of amenities and operational logistics. She will continue working with Eddie Wells and Nobie Violente of the Public Works Department in the area of drainage, in addition to customer service. Aquatics, the racquet center, and Beach Club parking remain under her direct supervision. Debbie Donahue, the recreation and parks department manager, now reports directly to Viola, with no change in title. Viola acknowledged this is effectively a promoion. The Yacht Club marina operation is shown in the organizational chart as a direct report to Donahue. The new organizational chart doesn’t seem to reflect Colby Phillips’ involvement in non-amenity activities, but Viola as general manager can assign duties and activities as he sees fit under “operational logistics”. Customer service, for instance, is a relatively new role that
maintenance. He continues to serve as head golf pro. Like Wells and Davis, he reports directly to Viola. The title change and revised organizational chart makes clear that golf course maintenance activities are a function of golf operations and maintenance, not the Public Works Department. Andre Jordan, the golf
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The new organizational chart of the OPA approved earlier this month in a vote by the Board of Directors.
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Viola said both Colby Phillips and Steve Phillips each will continue to have “elevated responsibilities” within Ocean Pines. “Colby will continue to oversee the amenities, customer service, and to contribute to major projects including drainage improvements. Steve Phillips will continue to oversee our finances and food and beverage, and to lead the Northstar transition,” Viola said. Steve Phillips, who has been the OPA’s director of finance for more than a year, has been given a new title of director of finance and oper-
ational logistics, with oversight over membership, information technology, and human resources, in addition to Northstar and food and beverage. Wells, who continues to serve as Public Works director, reports directly to Viola under the new organizational chart. Marketing and Public Relations Director Josh Davis, like Wells, reports directly to the general manager. Director of Golf John Malinoski also has been given a new title, general manager of golf operations and q
is designed to guarantee that every complaint or communication is responded to promptly by Phillips, senior executive assistant Michelle Bennett or Viola. In response to questions by the Progress, Viola emphasized that Phillips had not been demoted. “Let me make this clear: No one has been demoted,” he said. “The previous organizational chart reflected a time of transition and, once the transition passed, it had to be changed again and restructured for efficiencies that best serve the Association.”
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OCEAN PINES
January 2020 Ocean Pines PROGRESS
Moment when elected candidates become directors pinpointed Validation of vote count is key factor, according to revised resolution By TOM STAUSS Publisher lingering question about when an elected candidate to the Board of Directors officially becomes a director has been answered, at least until such time as another vexing nuance intrudes and renders the new consensus obsolete. The clarification occurred during the Jan. 4 meeting of the board, when the directors were discussing a revised Board Resolution M-06. The amended resolution subsequently adopted by the board on second reading clarified when board election results are validated. That validatation normally occurs at annual meetings of the association in August, with a quorum of 100 property owners needed to make the meeting official. Validation occurs when the chairman of the Election Committee presents the elections results to the membership, according to the revised M-06. No vote of the board is needed to certify the results. If a quorum is lacking, as apparently occurred at the annual meeting this last August, the old board
is empowered to meet to validate the results. The annual meeting occurs on a Saturday morning, one day after the election committee meets to count the ballots. Once validation occurs, a successful candidate becomes a director, according to Bylaws and Resolution Advisory Committee Jim Trummel, who cited an opinion to that effect by OPA attorney Joe Moore in 2015. That wasn’t Moore’s initial opinion, but he came around to that point of view in part because of Trummel’s reading of Maryland corporate law at that time. Director Camilla Rogers said that there is now a consensus that “once [election[ results [election] results are are validated, validated,a a] successful] candidate [successful] candidate becomes becomes a director.” She said that she googled the term “validation” and the search revealed word means means “acceptance” “acceptance of that the word the [election] results. Case closed, it would seem. Trummel is a retired lawyer and Rogers currently is licensed as one. During the Jan. 4 meeting, OPA President Doug Parks raised the issue as needing clarification. “When does a director officially become a director?” he asked. What
Organizational chart
During board discussion, director Larry Perrone described the changes as alterations in two job descriptions and titles, a reference to Colby Phillips and Steve Phillips. The presence of “operational logistics” in both their titles conveys the impression that they’re co-equals in the organizational structure. That has more or less been the way it operated anyway, once Viola became general manager in a permament rather than a transitional role. During board discussion, Daly summed up the changes in the organization chart, using language that perhaps conveyed a bigger change than actually has transpired. “We’re moving from a damable culture of indifference to a culture of operating excellence,” he said. What appears to have happened is that the new organizational chart and job descriptions reflect the operational reality that has been in place under Viola for some time.
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From Page 18 course superintendent, serves under Malinowski. This change in title corrects what Director Frank Daly recently said was an area of confusion in the OPA’s operational structure. Michelle Bennett, who has been serving as the OPA’s executive secretary, has been given a new title of senior executive assistant, which conveys the idea that she is doing more than serving as the general manager’s secretary. She was involved in the recently completed compensation study done by Sibson Consulting, doing much of the leg work that made it possible to avoid some of the costs that Sibson would have passed on to the OPA. Her changed role includes a change in salary. The changes in titles for the two Phillipses and Malinowki do not carry salary increases.
happens “when there’s a time lapse between vote counting and validation?” The time lapse of one day between the vote count and an official annual meeting with a quorum is not seen as an issue. Parks seemed to be more concerned when time lapses stretch to days, such as when the lack of a quorum renders an annual meeting unofficial. Another possible scenario that could delay certification would be if a losing candidate or an individual whose candidacy is rejected challenges election results in court and a judge issues an injunction delaying certification until the case is resolved. Former Acting General Manager Brett Hill, filing as a board candidate last year, took the OPA to court asking for a delay in the election when his candidacy was rejected by OPA Secretary Collette Horn. That case eventually was withdrawn and did not affect the conduct of the election. A third possibility would be if a losing candidate asks for a recount. If the recount is asked for on the day of the vote count, Elections Commit-
Garden Club officers
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tee chair Steve Habeger said that the recount would occur before the annual meeting, with no impact on when results are presented for certification. But if a recount is asked for at the annual meeting before election results are presented, that could pose a dilemma, at least in theory. But that scenario is less likely since the board opened up the vote count meeting to candidates and anyone who’s a member of the OPA. Vote counts are announced at the close of the meeting, allowing an aggrieved candidate to immediately ask for a recount. There has never been a recount in the history of Ocean Pines, although there have been some close elections when about ten votes separated a successful and unsuccessful candidate. A delay in certification occurred this past summer. In a special meeting prior to the Aug. 14 organizational meeting, the old board including two retiring directors met to formally certify the OPA election results. The requirement of 100 property owners to establish a quorum making the Aug. 10 meeting official for election certification purposes fell short by two, according to Habeger, necessitating the special board meeting a few days later. Parks said then that according to an [initial] opinion by Moore sevTo Page 22
The Ocean Pines Garden Club installed its officers for 2020 at a recent meeting in the Ocean Pines Community Center. They are, left to right, Barbara Ferger, treasurer; Nancy Waters, corresponding secretary; Marsha Reeve, recording secretary; Gail Jankowski and Gail Philippi, co-vice-presidents; and Patti Lookner, president. The OPGC meets the second Thursday of each month at 10 a.m. in the Ocean Pines Community Center. New members and guests are welcome.
20 Ocean Pines PROGRESS
January 2020
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OCEAN PINES
January 2020
OPA to partner with outside agencies to host free drainage seminars this spring
Ocean Parkway. There is no need to preregister. The events are as follows: March 2, 6-7:30 p.m. – Watershed Restoration Specialist Jennifer Dindinger will discuss yard waste and lawn fertilization
Colby Phillips to present update on efforts to improve drainage throughout Ocean Pines
April 20, 6-7:30 p.m. – Watershed Restoration Specialist Jennifer Dindinger will host a hands-on seminar on how to make a rain barrel and rain garden May 12, 5:30-7 p.m. – Kevin Wagner, who manages the Feder-
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n an effort to continue public education on drainage issues, Ocean Pines will partner with several outside organizations this spring to
present a series of free seminars. Each of the seminars will be open to the public and held in the Ocean Pines Community Center on 235
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al Emergency Management Agency (FEMA) Community Assistance Program for Maryland, will host a seminar on FEMA activities and flooding issues. The event will also include local agencies and vendors that specialize in flooding Additionally, Director of Amenities and Operational Logistics Colby Phillips will offer a presentation on drainage during the Feb. 5 Ocean Pines Board meeting, slated to start at 5 p.m. in the community center. Phillips will supply updates on drainage improvement efforts, including those on Watertown Road and in the Borderlinks section. “Watertown was expected to start last week, but we will now be looking to start next week after some unexpected obstacles,” she said. “Borderlinks will be starting soon, with work done by contractor Goody Hill of Berlin. They will also be installing a new culvert under the road at Harborview, which will help with some of the drainage issues there and on Clipper Court that have been reported to us.” Phillips added the Association has nearly finished compiling a drainage maintenance list of Ocean Pines owned swales, which should help staff to “stay on top of the clearing and maintenance of our ditches.” She said recent efforts to improve flooding in Ocean Pines also received significant boosts from Worcester County officials. “In the 10 months I have been involved with drainage, I have been so impressed with the work done by our team, as well as the help and interest that has come from county representatives Bob Mitchell, Ryan Presock and Bobby Shockley, and County Commissioners Chip Bertino and Jim Bunting,” she said. “Vista Engineering has also been a huge driving force in our drainage improvement plans. “The Board and GM have been very supportive of all we need to get done,” Phillips continued. “It has been refreshing to be able to work with so many people who want the same thing for our residents.” For questions about the seminars or concerns about Ocean Pines drainage issues, contact Phillips at Cphillips@oceanpines.org. Phillips was recently given thenew title of Director of Amenities and Logistical Operations, which includes the area of customer relations, while retaining involvement in drainage issues.
January 2020 Ocean Pines PROGRESS
Board adopts revised resolution to expedite DRs compliance New M-1 is designed to reduce legal action to no more than a month after a complaint is filed By TOM STAUSS Publisher
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he Board of Directors several months ago abandoned the option of attempting to acquire the ability to fine property owners who violate restrictive covenants and the Architectural Review Committee guidelines that flow from them. But that didn’t mean that the board was abandoning efforts to streamline and expedite enforcement of covenants and guidelines when property owners don’t respond as most do to enforcement letters. On the contrary, when Ocean Pines owners resist the enforcement efforts and effectively invite the OPA to take them to court, new procedures adopted by the board in a Jan. 4 monthly meeting will lessen the time for legal action to occur. The revised M-1 board resolution presented by Director Frank Daly was unanimously approved by the board on second reading, after the intial draft accepted on first reading underwent a rewrite by OPA legal counsel Jeremy Tucker. According to Daly, the Bylaws and Resolutions and ARC both have reviewed and approved the latest iteration of M-1. “These changes provide a defined path and rapid enforcement and compliance to the existing” restrictions and guidelines, Daly said. Scrapping the earlier draft and
an addendun setting out an enforcement timeline, Tucker’s version sets out a process which in most cases will not involve direct intervention by the board of directors in enforcement matters. The general manager is given the direct responsibility over enforcement activities. Eliminating mandatory board involvement in the process, which traditionally adds a board finding of a continuing violation and referral to legal counsel, is what allows the process to be expedited over traditional timelines, which sometimes can stretch to three months or even longer before legal action is commenced. In those cases in which property owners ignore complaint letters issued by the Department of Compliance, Permits and Inspections, or respond but fail to begin to correct an identified violation, legal action within a 30-day period is mandated by the new M-1. The new procedure says that if an alleged violator fails to correct an identified CPI issue or “meet the requrements of substantial progress within 30 days of the notice of violation or within the expiration of any extension granted by the ARC, the GM will notify counsel to begin the process of obtaining a court order to force compliance without further notice to the responsible party.” The revised M-1 says prior to referring the matter to counsel, the
Volunteer of the month The Kiwanis Club of Greater Ocean PinesOcean City awards monthly “Volunteer of the Month” Certificates of Appreciation. Pictured (L-R) are Dave Landis receiving a certificate from Kiwanis Club President Roy Foreman. Landis is the Media Public Relations Chair for the club and with the help of his wife Rita, chaired the club’s Annual Toy Drive.
GM “may have CPI conduct an inspection to determine that the violation has not been corrected.” The new policy says that the GM has the authority and discretion “to confer with the board on a specific case prior to referring the case to counsel.” nder the new procedure, after-the-fact reporting to the board is required. “The GM will notify the board via email when action is taken and will include a summary of actions taken in [a] monthly report to the board,” the new M-1 says. This monthly report will include the number of complaints/violations , the number resolved, the number sent to counsel, and that status of violations sent to counsel to obtain court orders, along with cost to the OPA of those court filings. The report will also include any requests from the GM to suspend the voting rights of violators as allowed under the delaration of restrictions. The revised M-1 does not eliminate the right of the OPA to enter onto a property to perform maintenance or to correct a violation, a power given to it by the DRs. However, staff over the years has indicated reluctance to take advantage of this right, fearing unpleasant encounters with property owners. The revised resolution does not govern the collection of unpaid annual assessments or other charges
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owed by members. In a memo to Daly and OPA President Doug Parks on Nov. 29, Tucker explained some of the changes he made in the earlier draft, including the elimination of Addendum A, a timeline of enforcement activities that he said he was not necessary because his revision included the steps needed for expedited enforcement. “On the board’s role, I have given the GM the discretion to discuss with the board before proceeding with legal action,” he wrote, implicitly suggesting that he’s on board with steps to expedite enforcement. “I fully appreciate the desire to give no wiggle room to violators to create a deterrent effect. This may prove ... ultimately [to] be an effective strategy.” Tucker suggested that the cost of filing a complaint in court might only cost $500 to $750, “not a huge cost per case if the filing alone [achieves] compliance or results in a default judgment. This is the process that we use to handle collections and we believe that over time there is a positive deterrent effect,” adding that it does take time and expense to effect. “I do believe proceeding to court will be necessary to get a good number of the violations addressed,” he continued. “In the meantime, the board should be prepared to absorb the initial costs [of filing court cases],” he said. Tucker noted that, unlike assessment cases, the OPA has the right “to recover attorney fees” when enforcing the DRs. The attorney also said that the new policy limits the ARC’s enforceq
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24 Ocean Pines PROGRESS
Directors update process of amending board resolutions Revised B-01 provides updated roadmap for changing the way the board operates By TOM STAUSS Publisher he Board of Directors on second reading Jan. 4 approved an amendment to Board Resolution B-01 that describes the process for amending board resolutions. It was presented for board review on first reading in December. The approved version codifies an attachment that describes in more details the process for amending resolutions and expands on the text reviewed in the first reading. Last month, Bylaws and Resolutions chairman Jim Trummel said that over a year ago his committee “began to see what we felt was an uneven, disorganized, confused process of getting a resolution amendment started … and over the last year we worked on developing a guidance, and that guidance is what you see in the attachment proposed for B-01.” The amended B-01 says that: • All appointed committees should review their assigned resolutions at the time the committees are preparing their annual reports
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OCEAN PINES
January 2020
or whenever they see the need for changes to a resolution. • All resolutions assigned to the board or the various departments within Ocean Pines should be reviewed annually or whenever the need for a change is required. • When it is determined that a change is required, the committee chair, or responsible individual known as the originator, should review the proposed change with the committee’s board liaison for any additional input regarding the proposed changes. • The committee chair, or the originator, should then prepare a “dated red line mark-up copy” of the existing resolution denoting the additions, deletions or changes required with the date of submission included. • The committee chair, or the originator, should then provide a copy of the “dated red line mark-up copy” to the board liaison. On the first reading of a proposed change in a board resolution, the revised B-01 language says that: • The board liaison should have the request for the proposed resolution changes added to a board meet-
ing agenda for consideration on first reading. • Prior to the scheduled board meeting, the board liaison will provide all directors with a copy of the “dated red line mark-up copy” for their review, as defined in Resolution B-01. • In the event the board rejects the first reading, the board liaison will advise the committee chair or the originator accordingly. • In the event the resolution changes are accepted as a first reading by the board, the dated red line mark-up copy is to be forwarded by the OPA president to the chair of the By-Laws and Resolutions Advisory Committee. Any changes should be added to the dated red line markup copy with the date changes were made. The revised B-01 then specifies the process for committee review of amended resolutions: • When the committee chair receives the required board notification of the first reading along with the dated red line mark-up copy, the chair will add the resolution to the agenda under new business for the next scheduled committee meeting. • The committee will review the proposed changes for consistency with the OPA declarations of restrictions, articles of incorporation, turnover agreements, applicable Maryland law, and previously adopted resolutions. • If no conflicts are found, the committee chair will return the dated red line mark-up copy to the OPA president, with a copy to the
appropriate committee chair or the originator advising that the changes were reviewed and that the resolution is ready for the second reading. • If conflicts are found, the committee chair will advise the OPA president, with a copy to the appropriate committee chair or the originator of the conflicts and, as appropriate, provide guidance to eliminate conflicts. On Second Reading of a proposed change in a board resolution, the revised B-01 language says that: • The originating committee will apply the necessary changes to eliminate any conflicts. • This is in accordance with Resolution B-01, Section 4. (c), “If an amendment to existing Resolution is recommended, it is the responsibility of the entity making the recommendation to prepare the document, including the red line draft for board review, and to provide the OPA secretary with a signature copy of any approved action (B01, paragraph 3.b).
Compliance From Page 23 ment role to that of hearing appeals from property owners who disagree with or have some other issue with a complaint letter issued by CPI. In that case, Tucker said that Board Resolution C-02 will need to be revised because it currently says that the ARC hears violations and refers them to the board for legal action. During board discussion Jan. 4, Parks asked Daly if the revised resolution covers all properties with compliance issues, including those that are in foreclosure. “We’ve covered all our bases,” Daly said. The approved new version of M-1 is the culmination of a months-long process that began with the ARC and Daly proposing to amend the DRs in each section of Ocean Pines to allow the imposition of fines on property owners who violate certain DRs or guidelines. There was immediate push-back against that idea among his colleagues and in the community. Once Daly became convinced that the costs of filing legal actions were relatively modest, compared to what he initially thought was the case, he began focusing on ways to dramatically speed up enforcement. Fines were no longer an option The revised M-1 was the final result of that protracted process.
OCEAN PINES
January 2020 Ocean Pines PROGRESS
Thompson’s Residents Academy idea resurrected by committee Directors like the idea of an on-line course focusing on the inner workings of the OPA but would like to see interactivity between course leaders and participants By TOM STAUSS Publisher t the urging of the Communications Advisory Committee and the support of committee board liaison Colette Horn, the Board of Directors at its Jan. 4 monthly meeting seemed receptive to resurrecting an idea promoted and executed by a former general manager, Bob Thompson. The concept of a so-called “residents academy” was conceived by a former OPA public relations director, Teresa Travatello, who Thompson credited with the idea in remarks delivered during a Feb. 25, 2016, board meeting. The academy idea had been previously announced by the OPA in a quarterly activities guide. Thompson disclosed that 25 individuals had signed up for the course, which was slated to begin sometime within 60 days of the February, 2016, board meeting. “This is to help our membership become more educated about their association,” he said at the time. The residents academy concept was promoted by Thompson as a quasi-classroom experience in which the he and others well versed in the inner workings of the Ocean Pines
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Association would convey their experiences and knowledge to those who signed up for the course. It took place over a seven-week period with Thompson, board member and OPA treasurer Pete Gomsask, and various department heads participating. Among those who attended the Academy and spoke out in favor of it during the Jan. 4 board meeting was Director and current OPA Treasurer Larry Perrone, who said it triggered an interest in the affairs of Ocean Pines and taught him a lot of information useful in his current role as an elected director. Perrone said particularly valuable was the interaction between course participants and department heads. Horn said the concept fell by the wayside for a reason she didn’t explain. She said the committee would like to see it reinstated as a “virtual on-line experience” and needs about $5,000 allocated in the 2020-21 budget to make it happen. It’s no great mystery why the academy didn’t continue after its inaugural seven-week run. Thompson’s contract with the OPA was terminated by board vote in August of 2016, after more than
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“If we can do it online, and it is truly interactive, that would be the best way” to execute the program, he said. Director Steve Tuttle suggested that perhaps the academy could be a “combination” of on-line videos and follow-up interaction with course leaders. OPA President Doug Parks seemed to agree, calling for a hybrid approach. So did Director Frank Daly, calling for “something that’s interactive” in a way that allows questions from course participants to be answered “immediately.” He went on to say that it’s evident by the questions and complaints that some OPA members have at board meetings that there’s a lot of misinformation about Ocean Pines abroad in the community. Horn said she agreed with the hybrid approach. With the board giving the concept some nuanced encouragement, it will be up to the committee to continue to work on implementation. ΊΙΙΛΘΟΎ Prince Georgesstart-up Cnty MdcontriSo far the $5,000 χϚϋͧ йрͿкй bution has met no board resistance.
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26 Ocean Pines PROGRESS
OCEAN PINES
January 2020
Board wrestles with draft ARC guidelines New language on fire pits, signs, fences and work trucks come under scrutiny
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restrictive with the new guidelines and I think again that should be on a case by case basis. I know its tedious to do it. But I just don’t agree with it in some situations,” he said. Janasek added that Ocean Pines is a completely different community than it was 10 or 20 years ago, and there are many residents who run their own business and may need to occasionally park a work trailer on their lot. “But I just think these are too restrictive and ... I’m not gonna vote for [them],” he said. Director Camilla Rogers said she “had a particular problem with the whole thing about signs,” referencing language related to the permitting of OPA election versus political signs on lots. She said the language needs to be clarified especially since a contentious presidential election may be coming. “At this point in time I don’t think it’s ready to go,” she said of the draft
guidelines. She added that the OPA has a duty to notify residents of proposed changes as well. Director Collette Horn called for more precise language in the document and defining key terms within the section they where they are located and greater consistency in the use of terminology OPA association. “This is a real complicated document. You guys have done a great job on it,” she told the ARC committee. “You all have some valid points. This has been a document in work for over a year now,” Committee chair Ann Shockley said, adding that the committee was just trying to refine some of the regulations, not create a completely new document. She said the revisions largely address issues where the guidelines are lacking or not clear. As an example, she said guidelines for sheds have a square footage limit but no height limit so property owners are building two-story sheds.
She added that each case is reviewed individually and property owners can request a variance. “We do a lot of adjustments. We do field trips. We go to people’s houses.” As ARC liaison, Director Steve Tuttle presented the draft guidelines to the board for consideration and offered a motion to approve them. He said the ARC committee has worked over the past year to update and revise the guidelines. The effort has been to clarify areas where there has been confusion and to provide a document that assists all residents of Ocean Pines in understanding and utilizing the ARC guidelines. When his fellow directors listed a litany of concerns about the proposed regulations, Tuttle chastised them for not getting their comments to him sooner. “I just want to say to the board, all of these documents were submitted to you well over a month ago for q
By ROTA L. KNOTT Contributing Writer irectors have a plethora of concerns about the language included in a new set of draft ARC guidelines that were were discussed during the Jan. 4 monthly meeting of the Board of Directors. “I have some problems with the new guidelines,” Director Tom Janasek said. He took specific issue with a proposal to regulate fire pits. “It just seems to me to be way too restrictive. And plus I’m not sure how you’re gonna police it to be totally honest with you. There’s so many fire pits in Ocean Pines right now, there’s no way you’re gonna keep up with them,” he said. He was also displeased about guidelines related to parking of commercial trailers and recreational vehicles and requirements for fences on lots in Ocean Pines. “We’ve had issues with fencing in Ocean Pines for the last 30 years and this is getting more and more
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OCEAN PINES
January 2020 Ocean Pines PROGRESS
Viola interested in shifting winter food and beverage operations to new clubhouse
paid for from savings off original cost estimates, he said. Construction costs have been controlled and even lowered because of a system in place to obtain the very best price for various components in the building, Viola said. Whayland Construction, the project contractor, routinely solicits three bids for every component, Viola said, but then Marvin Steen does the same thing with subcontractors he has used in his decades as a prominent local contractor. Steen has been working as an unpaid consultant for the OPA on this and other construction projects since last year. Steen played an instrumental role in moving the OPA
away from attempting a renovation of the old Country Club. “We take the best price offered and the result has been a building that is costing us less,” Viola said, commending Steen for his contribution to the project. Those savings will easily cover the cost of gas fireplace, Viola added. The inspiration for a fireplace in the new golf clubhouse are memories of the wood-burning fireplace in the original iteration of the Country Club before a 1980s-era renovation that expanded and renovated the building. The original fireplace was removed during that renovation, much to disappoint-
ment of patrons at the time. Various plans to upgrade the old Country Club after that flawed renovation often included the idea of adding back a fireplace. It never happened, as efforts to complete the renovation foundered because of contractor issues and other difficulties the year Brett Hill served as a part-time acting general manager. When structural issues were subsequently discovered in the old Country Club, there was a pronounced momentum shift in the community towards razing the old two-story building and replacing it with a new, smaller, one-story clubhouse. Viola said that the late director and OPA president Dave Stevens was an advocate of adding a fireplace to old building and would have been pleased that it could become a fixture in the new building. Former director Marty Clarke also advocated for a fireplace, Viola said. Other additions to the new golf clubhouse that are in the works include an awning to be installed above the deck that faces the ponds near the ninth and 18th greens and a golf simulator, a device that helps a golf pro fit golf clubs. These two expenditures appeared in an early iteration of a capital summary scheduled in the proposed 2020-21 budget under review by the Budget and Finance Advisory Committee and the Board of Directors this month. Both items remain in the capital budget’s latest iteration. The awning could be funded in the current fiscal year out of funds set aside for the new building, according to points of view expressed by some committee members, meaning it wouldn’t be funded out of the recently established New Capital Reserve. Or it could be included in the 2020-21 capital budget as initially proposed by Viola, as now seems likely.
along with the proposed ARC guidelines would be submitted to Joe Moore, the OPA’s local legal counsel, for consideration, rather than Jeremy Tucker, who’s based in Bethesda. Both the amendment and the amended motion carried in a 5-2 vote with directors Larry Perrone and Janasek opposed to both. Director Frank Daly broached the subject of the need for legal counsel’s review, saying “these things are extremely, extremely complicated” and must stand up to legal challenges. Tuttle said he checked with OPA
President Doug Parks about legal review, and the two decided it wasn’t needed at the time. “ARC is an independent committee. It’s not controlled by the board. I think its important to keep that in mind,” he said. Parks added that some of the issues broached by directors need refinement. He suggested referring the proposed document to the Bylaws and Resolutions Committee before taking it to legal counsel. Daly agreed and said if the committee recommends going to legal
counsel, then the document should be submitted for such a review. Directors Larry Perrone and Horn also said guideline changes need to be reviewed by counsel before they’re adopted by the board. B&R committee chair Jim Trummel said ARC guidelines were outside the purview of his committee, and Parks dropped the idea. Five of the directors then came together on the idea of submitting the draft to Moore, the local attorney, with the expectation that he might have more familiarity with them.
Gas fireplace may be added, paid for with project savings By TOM STAUSS Publisher t’s not a new idea, but it’s gained traction with General Manager John Viola and may become part of a revised business plan for the new golf clubhouse under construction where the old Country Club used to be. The idea is the possible shift of winter food and beverage operations from the cavernous Yacht Club to the smaller and more energy-efficient golf clubhouse, expected to be completed sometime this spring. The earliest this operational shift could take place would be the winter of 2020-21. “I’ve discussed this with Matt Ortt,” Viola recently told the Progress, suggesting that the OPA’s contract food and beverage management company seems receptive to the idea. The shift would be made more feasible by a recent change in management structure that is transferring responsibility for the Tern Grille, the golf operation’s food and beverage operation, from the Director of Golf John Malinowski to the Matt Ortt Companies. MOC is in its second year of managing the Yacht Club and Ocean Pines Beach Club in Ocean City. It will be taking over the food and beverage operation at the new clubhouse when it opens this spring. Viola said that for the new golf clubhouse to become an inviting wintertime venue, he and the team that has been advising him are looking at adding a gas fireplace to the venue. It wouldn’t add to the cost of the new amenity because it would be
I
ARC guidelines From Page 26
comment and to respond to me about them. So I’m a little frustrated that no one has sent me a single question about any of these documents, and now we have these questions coming up. We could have addressed them sooner. Perhaps dealt with them,” he told his colleagues. However, he ultimately amended his motion to state that board members would submit comments within two weeks, and then the comments
27
The new golf clubhouse under construction on the site of the old Country Club.
28 Ocean Pines PROGRESS
OCEAN PINES BRIEFS
Board room restored to original purpose
The board room in the administration building that in recent years has been used for information technology purposes has been restored to its original use as a meeting room for the Board of Directors and, when available, advisory committees. The room appears to be the same as it did in the years prior to its repurposing under the administration of former acting general manager Brett Hill and continued under John Bailey. Even the photos of past boards of directors appear as they did prior to the change-over. The room was used by the Budget and Finance Advisory Committee for a series of meetings Jan. 6-8 to review the draft 2020-21 budget.
Call issued to serve on Search Committee
OCEAN PINES
January 2020
Apparently mindful of the flak he experienced last year for failing to issue a call for volunteers to serve on the Search Committee within prescribed time guidelines, Doug Parks in his President’s Remarks Jan. 4 called for volunteers to serve on the
committee. Last year, there were an insufficient number of volunteers willing to scour the community for candidates willing to run for and serve on the board of directors. A sufficient number of candidates surfaced nontheless In past years, presidents and/or directors have personally asked indviduals to serve on the Search Committee as opposed to simply relying on a call from behind the dais to get the job done. Whether Parks or another board member will take that extra step remains to be seen. Parks also said that efforts are under way to revive the dormant Strategic Plan Advisory Committee. “We do have a chair and two members,” Parks said. “We’re looking for more.” The committee would be tasked with drafting a comprehensive plan for Ocean Pines, a job that a previous committee started but was never able to complete. The OPA on Jan. 15 issued a press release calling for Search Committee, sending it out to the local media
Robert D. Park, DMD, MSD ORTHODONTIST Now In
and posting on the OPA Web site.
Two drainage projects approved via email
Ocean Pines Association Secretary Colette Horn announced that she and her board colleagues in an email vote Dec. 17 approved a $37,500 culvert replacement project on Clipper Court. Goody Hill Groundwork was the low bidder on the project, which is designed to drain water across the road. Other bids for the project were in the amounts of $47,350 and $88,980. Staff recommended that the Clipper project could be paid for from savings at another culvert replacement project, this one on Borderlinks Road. The Borderlinks project was also approved by the board in an email vote Dec. 17. Goody Hill was the successful bidder, submitting a low bid of $64,250. Other bids submitted ranged from $132,714 to $142,350. The Borderlinks low bid was $35,750 under budget, just under the total cost of the Clipper Court project. Vista Design of Showell conducted a review of the bids for the OPA’s Public Works Department. “While we disappointed in the higher than expected bids [received
from two other bidders), we were pleased that Goody Hill’s bid was less than our internally prepared cost estimates,” Vista said in a letter. “For small, time sensitive projects, existing contractor workload often plays a large role in their pricing and appears to have perhaps occurred with this bid. It is a remindered that multiple bids from reputable contractors are always required in an effort to obtain the best pricing.
Free identity seminar at Community Center
The Ocean Pines Recreation and Parks Department will give area residents an opportunity to learn how to protect themselves from identity theft at a free seminar on Wednesday, Feb. 5 from 5-6:30 p.m. at the Ocean Pines Community Center. “Identity theft is America’s fastest-growing crime,” said Katie Goetzinger, an Ocean Pines recreation programmer. Leading the seminar will be certified senior advisor Michael LeCompte, who retired from Nationwide Insurance Companies as a senior loss control consultant. He has been a speaker on reducing personal loss for 20 years. Seminar participants will learn how to safeguard personal information and detect suspicious activity.
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OPA FINANCES
January 2020 Ocean Pines PROGRESS
OPA scores another positive month; $587,000 surplus through November
November 2019 departmental results
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Status of reserves: The OPA’s reserve balance through November was $9.4 million, comprised of a $5.9 million surplus in the replacement reserve, $2.49 million in the bulkheads and waterways reserve, and $963,444 in the roads reserve.
gs
By TOM STAUSS Publisher he Ocean Pines Association’s operating surplus stood at $587,357 through November, helped along by a $35,982 surplus recorded that month. For the year through November, revenues were over budget by $448,723 while expenses were under budget by $138,634. For the month, revenues were under budget by $31,988 while total expenses were under budget by $67,970. The results were issued by Finance Director Steve Phillips in late December. The OPA is doing substantially better financially for the first seven months of the fiscal year than it did for the same period last year. The year-over-year positive swing in net operating results was $817,748 through November. In November, all three racquet sports modestly outperformed budget, while other amenity deparments generally underperformed. Golf missed its budget by $34,787, somewhat Source: OPA Finance Department offset by a $5,919 positive variance at the Tern Grille. year improvement. Golf through November was beAquatics missed its budget by hind budget by $21,849, offset by $16,498 in November and for the the Tern Grille’s $20,583 positive year so far is $30,610 under budget. variance. Aquatics is in the black in the Year-to-date through November, amount of $177,419 through Nogolf was in the black in the amount vember, but has fallen behind last of $149,004, compared to $40,389 year’s pace. last year through seven months. Through November last year, That’s a year-over-year swing of Aquatics had recorded a $234,589 $108,615. surplus, compared to this year’s The Yacht Club missed its bud- $208,028, a drop of $26,561. get by $10,728 in November, but Contributing to November’s for the year was ahead of budget by $60,000 operating surplus were pos$175,312. itive budget variances in general Through November, the Yacht administration ($26,563), finance Club recorded a $277,619 operat- ($16,379), public relations ($6,248), ing surplus, compared to a $129,028 general maintenance ($35,257), surplus for the same period last Public Works ($23,858), and police year. That’s a $148,591 year-over- $6,697).
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30 Ocean Pines PROGRESS
OPA FINANCES
January 2020
Latest surplus estimate for current fiscal year: $452,000 By TOM STAUSS Publisher he latest estimate for the endof-year operating surplus for the Ocean Pines Association is $452,136. It appears in the most recent iteration of the proposed 2020-21 budget posted on the OPA Web site Jan. 16. In the initial draft of the proposed budget issued before Christmas, the estimated operating surplus for the 2019-20 fiscal year ending April 30 was $408,601. That was the number, rounded off to an even $400,000, that General Manager John Viola mentioned during the Jan. 4 monthly meeting of the Board of Directors as the likely surplus for the year. Roughly three weeks later, the projected surplus had grown by $43,535. Two departments, the Yacht Club and Beach Club food and beverage operations, account for the increase. The Yacht Club’s projected positive variance to budget is now $155,828, on an estimated operating surplus of $54,741. In the earlier budget draft, the projected positive variance to budget was $135,828, on an estimated operating surplus of $135,828. The Beach Club’s positive variance to budget is now $23,535, withan estimated operating surplus of $126,606. In the earlier budget draft, the projected positive variance to budget was zero, with an estimated operating surplus of $103,071. All other departments projections remain unchanged from the initial draft of the budget. The Yacht Club estimate is particularly noteworthy, as it would be the first time this venerable amenity has ever shown a profit. Aquatics, although it won’t meet its budget, nontheless is still projected to earn an $11,233 surplus for the year. Combined golf operations are expected to show a $64,454 loss for the year, but that would be partially offset by a $10,469 projected surplus at the Tern Grille, the golf course’s restaurant and bar operation. Tennis (-$19,166) and platform
tennis (-$3,395) are expected to lose money for the year, but pickleball is projected to make $16,137. The Beach Club, beach parking, and marinas are all expected to be in surplus territory at the end of the fiscal year.
Projected departmental results for 2019-20
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Source: Proposed 2020-21 OPA budget
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LIFESTYLES
January 2020 Ocean Pines PROGRESS
‘The Cat Lady’
Losing sleep over homeless cats, and doing something for them By SUSAN CANFORA Contributing Writer
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q
o many hours have been spent during the years tending to kittens and cats, usually scared, often babies, sometimes helpless and always dependent on caring hands for shelter, food and affection. It’s an involved process, but rewarding for Chris Aument, known around Ocean Pines and the surrounding area as the person to call when a cat is in need. “I just love cats’ personalities. You have to earn the respect of a cat before they will accept you,” she said. “They are so in tune and their energy is just so big. I love them because they are so unique,” she said, as she sat in the back room of PetSmart on Samuel Bowen Boulevard, near Walmart, where Town Cats’ furry rescues are available for adoption. Aument started volunteering for Town Cats in 2011, but the organization was started by Jeanne Donovan more than 20 years ago. “People call me The Cat Lady. I hear that all the time, but Jeanne was the original Cat Lady. She started TNR – trap-neuter-return – in Ocean City. Now they have Animal Control there, but at that time she noticed a lot of people would come for the summer, stay in Ocean City and get a cat, then when they left they would just leave the cat. Jeanne is our founder. She still is in the community and feeds a ton of cats,” Aument said. Donovan started to trap them, gently with no injury or pain, get them medical attention and vaccinations and see that they were spayed or neutered before releasing them, if they were already living outdoors. “If people asked for help, she would go. If they found a stray cat or a neglected cat, if they needed care. She tried to respond to medical emergencies. She would show people how to trap a cat so the cat could get its rabies and distemper shots, get flea and tick protection and be neutered or spayed. All cats that are released have had a rabies shot and it’s the law,” Aument said. Once released, feral cats go back “to living peacefully,” she said. “If you start feeding an outdoor cat, you have to have them neutered or spayed. We tell people to get the cat on a schedule, so it’s easier to trap when we get there,” she said. Aument also credited Pat Chance, who has been helping Town Cats since 2001. “They rely on us for care. I was a teacher. I think you kind of gravitate toward helping people who can’t help themselves,” Chance said. “I had dogs all my life growing up, but I moved here and found house cats were neglected. Some people have the idea they are throw-away animals. I find them fascinating. They are very independent, a lot like people. There are ones that always want you to love them. Then there are others who say, ‘Feed me, clean my box then
Chris Aument of Town Cats cuddles a cat available for adoption at PetSmart.
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32 Ocean Pines PROGRESS
LIFESTYLES
January 2020
‘The Cat Lady’ From Page 31 leave me alone,’” she said, laughing. She’s intrigued by those with exceptional and comical personalities like Pip the Beach Cat, a high energy fellow who Chance finds interesting. Discovered shivering and alone in Berlin, during a thunderstorm, he was adopted and given a varied and active life by his owners, who take him to the beach and pull him on a boogie board as he rides the waves. See his Website at www.pipthebeachcat.com. “I have learned a lot about cats,” Chance said. “You have to gain their trust. Anything we can do to educate people is important. What upsets me are people who want to have them declawed. Cats can be trained. People will take time to train a dog, but they will not take time to train a cat. They’ll have them maimed instead,” she said. Aument admires Chance, and has confided in her that she worries about homeless cats in the community, sometimes losing sleep over it. “She tells me, ‘Chris, we are doing the best we can.’ But we need more hands and we need more help,” Aument said. Before she got involved with Town Cats, Aument noticed an orange tabby while shopping at a greenhouse in Ocean View, Del. The shop owner said the animal was fine roaming around there, but if she liked, she could have him. She took him home and he quickly became part of the family. Named Mickey, he’s 18 now and the “uncle of all the new ones that come in,” Aument said. “He’s so peaceful,” she said.
Then she read an ad worded in a pleading way, asking for help for cats clustered near a local restaurant because they were in danger of being destroyed. Soon, she was part of the Town Cats team. Today, there are about 45 volunteers that help with everything from trapping to feeding colonies to planning fund-raisers and fostering kittens. The annual budget ranges from $20,000 to $60,000, depending on grants and fund-raisers. It’s run like a business, but everybody is a volunteer, with nobody taking a salary and many spending their own money for items like cat litter. “Our volunteers are very important, and we really do appreciate them. Maybe we don’t tell them just how much we appreciate them. We spend money on the cats and not on the volunteers,” Aument said. “We always need more volunteers. If anybody wants to volunteer, they can see our Website or our Facebook page, towncatsofoceancity. com. We cover Ocean Pines, but we also help cats in West Ocean City, Selbyville, Fenwick Island. We even help in Salisbury, and we get calls from Snow Hill,” she said. “We need volunteers to transport cats. We need drivers. We need people to feed cats in outdoor colonies. “We have one girl who does all our posters. We have an administrative staff, someone who does the newsletter and stuffs envelopes. We have a monthly meeting at 1 p.m. the first Wednesday of the month at the Ocean Pines Library. Anyone who wants to volunteer can come. We want to do more to help cats,” Aument said. In the first 15 years Town Cats saved maybe 300 kittens, but in the
A cat waiting for a home rests in a tower at PetSmart, while Chris Aument of Town Cats looks on affectionately.
past 20 years, prevented the birth of more than 4,000 kittens. Last year Town Cats celebrated its 20th anniversary. The long-term goal is to open a sanctuary. “We’re always asking people if they know of property they might want to donate and we will run it. We want a place to put feral cats,” she said, watching a young cat sleep in a cage at PetSmart. Two more were in nearby cages and another two were lying in an adjoining room. One, black and white and called Cookie, lay on a red blanket blinking a greeting to a visitor. Another napped in a carpeted pet condo. Town Cats developed a relationship with PetSmart in 2018. Space is donated and PetSmart Charities
provides mini-grants. A local foundation helps, as do individuals and businesses. There are collection boxes at check-out counters in the area for customers to drop coins or bills. “Working with Town Cats takes a lot of time,” said Aument, a retired kindergarten and first-grade teacher who taught in Norristown, Pa., before moving to this area in 2003. “I always had cats as a child,” she said. There were also chickens, pigs, horses and dogs on the family property. “I loved them all. I was always the caretaker. My mother said, ‘If you’re going to take care of the animals then they have to eat first,’” she said. “Even today my favorite place to be is in a barn.”
CLUBS AND ORGANIZATIONS goals, scholarship, citizenship, community service, extra-curricular activities and motivation. The club believes in non-discrimination on the basis of race, gender, national origin or family status, in both principle and practice. Applications for these scholarships may be found on the Stephen Decatur High School Web site after Jan. 15. All applications must be returned to a senior counselor at Stephen Decatur High School by March 20. Qualifying applicants who do not attend Stephen Decatur are asked to call 410-641-8046 for information and/or an application. The Democratic Women’s Club of Worcester County will meet for the first time in the new year on Monday, Jan. 20, at the Ocean Pines Community Center. Coffee and conversation at 9:30 a.m., with the meeting beginning at 10 a.m. Dr. Adam Hoffman of the Political Science Department of Salisbury University will be the speaker. The DWC meets the third Monday of each month, at the aforementioned time and location, and welcomes new members. q
The Ocean Pines Garden Club will meet on Thursday, Feb. 13, at 10:00 a.m. in the Assateague Room of the Ocean Pines Community Center. There will be a presentation by Catherine Winkler of Roots Landscaping on “Secrets for Success with Succulents.” Attendees will be able to make a lovely decorated pot with a succulent inspired gift card. The materials cost will be $10. A business meeting will follow the presentation. Guests are always welcome. The Women’s Club of Ocean Pines will be awarding scholarships at its May general membership meeting to promising students who are full-time residents of Ocean Pines. These students must graduate from high school in good standing with a minimum grade point average of 2.5 and plan to attend an accredited institution for further education. These awards may be used by the recipient to help defray post-high school expenses at any approved degree of certificate-granting college or university, technical or vocation school. The WCOP Scholarship committee will consider the applicant’s needs,
LIFESTYLES
33
January 2020 Ocean Pines PROGRESS
CLUBS AND ORGANIZATIONS From Page 32
Corrie and Don Boger of the local Home Instead office.
Local Home Instead office celebrates 5th anniversary
T
he local Home Instead Senior Care office, provider of non medical home care, recently celebrated its five-year anniversary under the current ownership. Corrie and Don Boger, who reside with their daughters in Ocean Pines, purchased the local franchise on January 1, 2015. The office is located in Berlin, and they cover all of Worcester, Wicomico and Somerset counties. When the previous owners of Home Instead were thinking about retirement, they reached out to the Bogers because of both Corrie and Don’s prior healthcare experience. Corrie is a Registered Nurse and Don is a Licensed Nursing Home Administrator. Their combined experience and knowledge made for a great fit with the mission of Home Instead Senior Care. Home Instead provides assistance to seniors, or anyone over the age of 18, in their homes so that the person or persons can age in place and not have to leave the home they love. The 24-hour services are available in homes, assisted living facilities, nursing homes and even while some one is in the hospital. Home Instead can provide meal preparation, light housekeeping, medication reminders, transportation and social companionship. They can also assist clients who need help with bathing, dressing, grooming incontinence care, hospital discharge and can work in tandem with Hospice to provide support. Home Instead provides these service by hiring qualified Caregivers who are required to have experience, pass a background check and drug screen, and are insured and bonded. The local office provides all of the support and takes care of scheduling and supervising the Caregivers. Many of the clients do not have family in the area and Home Instead becomes their eyes and ears, helping the clients stay in their home as long as possible. Care starts with a free in-home consultation, matching each client with a Caregiver who fits the clients needs and geographical location. From there, Corrie, as the R.N., overseas the care that is provided and can communicate with the client’s doctors, home health companies, and family members. Clients can set up a schedule for care or use the service on a one time or as needed basis, and there are no long-term contracts. As of now, Medicare does not cover the service, and services are offered on an hourly rate basis. Most long term care insurance policies cover the service as well. When asked what has made the five years work so well, both of the Bogers commented that they couldn’t have done it without the dedicated team of office staff who are the backbone of the operation. All of the office staff who were with the business when the Bogers took over are still with them and have continued to provide the excellent service that Home Instead Senior Care has become known for. And of course none of this would work without the Caregivers themselves, who provide quality care on a daily basis. To inquire about services or to get more information on how Home Instead can help, call the office at (410) 641-0901 or visit their website at www.homeinstead.com/734.
The Ocean Pines/Ocean City Kiwanis Club will be hosted its annual winter pancake breakfast on Saturday, Feb. 22, from 8- 11 a.m. in the Ocean Pines Community Center’s Assateague Room. Tickets: adults $7, children under 12 $3, under 5 no charge, in advance or at the door. Pancakes, sausages, scrambled eggs, fruit cup, and coffee and tea. Carryout available. The Republican Women of Worcester County is inviting area schools, clubs, businesses, organizations, and individuals to thank a veteran by purchasing a Valentine’s Day card. Homemade cards are especially appreciated. Cards will be sent to veterans at four veteran rehab medical centers. No postage is necessary and the card is addressed to A Veteran. Linda Dearing and the Copy Central staff, will deliver the cards, and some candy, to Charlotte Hall Veterans Hospital, Baltimore Rehab Center, Baltimore VA Medical Center, and Perry Point Hospital. Card drop-off locations are Shamrock Realty Group, 11049 Racetrack Rd, Ocean Pines; Copy Central, Cathell RD, Ocean Pines; the Ocean Pines Library, the Ocean Pines Community Center and Recreation and Parks Bldg., and other locations as they become available. The deadline is Friday, Jan. 31. For more information, call 410-208-9390 or email at ultimateenergy@verizon.net. The Republican Women of Worcester County announce its January luncheon and general meeting on Thursday, Jan. 23 at the Captains Table Restaurant at 15th and Baltimore Ave, in the Marriott Hotel, Ocean City. The guest speakers will be Pat Schrawder, representing Senator Mary Beth Carozza, and Worcester County Commissioner Chip Bertino. They will discuss Maryland 2020 Legislative issues and Worcester County issues. Cost of the luncheon is $20 per person. Doors open at 10:30 a.m. with the meeting beginning at 11 a.m. To make your reservation and/or for more information, contact Ann Lutz at annlutz60@gmail.com or at 410-208-9767.
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January 2020
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CAPTAIN’S COVE
January 2020 Ocean Pines PROGRESS
Cove once again is waiting for a signed contract from Internet contractor By TOM STAUSS Publisher Dec. 19 meeting between members of the Captain Cove association’s Board of Directors and the company selected in June to bring broadband Internet service to the community reportedly went well, but as of Jan. 13 Broadband Connect LLC had not executed the contract that will lead to high speed Internet services in Captain’s Cove. Captain’s Cove director Tim Hearn, who attended the meeting with Cove President Jim Silfee, Broadband Connect principal John Huggins and attorneys representing both sides, said the Dec. 19 meeting went as well as he and Silfee had hoped. He said that Huggins agreed to
A
execute the agreement that had been agreed to last April, subject to a formal contract, and its terms. “I’m optimistic that it’s going to get done. We all hope so,” Hearn said in a Jan. 13 telephone interview with the Progress. The latest waiting game came about because Broadband Connect had opted not to execute an agreement that reflected terms that had been negotiated when the Cove awarded the contract to that company. That prompted an effort by the Cove board, led by Silfee and Hearn, to see if the original deal could be salvaged. If it hadn’t been, it’s possible the entire effort to bring broadband to Captain’s Cove would have collapsed. The shifting circumstances were
Cindy Welsh
disclosed in a post on the Cove Web site by General Manager Justin Wilder in December. He said that Broadband Connect LLC of Oxon Hill, Md., “has declined to execute the previously negotiated agreement, and submitted a new draft document on 11/25/2019 with new revisions and adjustments.” In a telephone interview last month with the Progress, Hearn provided more detail about the contract difficulties,. He said that a contract had been negotiated and was ready for signing by both parties in October, but then matters hit a snag when Huggins became concerned about the ability of the Cove and CCG Note to follow through on an executed contract. More specifically, Hearn said,
Huggins became concerned by comments by a Cove resident that CCG Note, a party to the proposed agreement, is not the developer and declarant and therefore does not control the rights-of-way that Broadband Connect needs to install and operate broadband services in Captain’s Cove. As a result of those concerns, which he called unfounded, Hearn said that Broadband Connect attorneys proposed a revised contract that changed key provisions. The October contract, consistent with an agreement on terms reached by the parties in April, said that Broadband Connect would complete installation of fiber optic cable and equipment in Sections One through Twelve within one year of executing a contract, while cable and equipment in Sections 12 and 13 would be installed concurrently with water and electric services. In addition, the company accepted two years of exclusivity in providing broadband services, and agreed to provide a slice of the revenue genq
Hearn reports positive meeting with Broadband Connect
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CAPTAIN’S COVE
January 2020
Broadband From Page 35 erated by the system to the declarant after two years of operation, Hearn said. The revised contract submitted by the company’s lawyers asked for more time in both provisions. “These are major transaction points,” Hearn said, adding that he hoped the Dec. 19 meeting would
clear the air and that the contractor will agree to return to the terms initially agreed to in April. “I’m pleased to see that people will be meeting to discuss these matters and will working to reach a satisfactory conclusion,” Hearn said then, declining to speculate on what would happen if the parties remain at odds. The Cove board in June agreed to begin exclusive negotiations with
Broadband Connect for high speed Internet services, delivered through fiber optic cable. The board chose the Broadband Connection proposal over that of Think Big Networks, which previously had attempted to bring high speed service to Captain’s Cove but couldn’t pull it off. That company sought commitments from homeowners for its services as a precondition of starting
build-out. Broadband Connection had not been asking for such commitments, apparently taking the approach that once high speed Internet is available in neighborhoods as the roll-out ensues, customers will then commit. Broadband Connect had presented the board with a proposal for serving the entire Captain’s Cove community with broadband fiber-tothe-home in March.
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OPINION
January 2020 Ocean Pines PROGRESS
37
COMMENTARY
F
What a difference a year makes
or those Ocean Pines Association members who watch as elected and non-elected volunteers review, dissect and spindle the proposed annual OPA budget, a process that unfolds during the month of January, this year could not be more different than a year ago. Last year, to put it mildly, was a disaster. Then General Manager John Bailey published a budget draft and issued a press release and an exectuive summary that indicated there would be no assessment increase. Anyone who has observed the process over the years knows well that the initial budget proposal issued by the GM is just that, a proposal, subject to the massaging, the tweaking, the manipulation, the sausage-making or whatever words you care to employ to describe what happens after the initial draft is released. It was evident almost before the ink was dry on the budget draft that the pronouncement of no assessment was not likely to hold. That placed the board of directors in the uncomfortable position of having to do what boards of directors in Ocean Pines are generally loathe to do. There were so many issues left unaddressed, so many assumptions that could not bear scrutiny, that Bailey would have been much better off had he simply said nothing at all about his budget creation when it was released to the memberhip, the Budget and Finance Advisory Committee, and the Board of Directors for review. By the end of an ugly process that some participants and observers thought was the worst in memory, the assessment increase was north of $30 and Bailey’s working relationship with his employers was irreparably damaged. One silver lining is that Bailey’s departure soon led to the temporary, and then permanent, employment of John Viola as OPA general manager. As a former OPA treasurer and chairman of the budget and finance committee, he has demonstrated a much more nuanced understanding of OPA budgetary and political realities than any of his recent predecessors. His appointment underscores the desirability of hiring the GM from within the OPA. There’s no on-the-job training necessary, or at least not as much as needed when someone from the outside is brought in to run the organization. Ample proof of this is how he’s handled the budget process to date. His proposed budget didn’t initially include an executive summary, and there was no press release announcing an assessment decrease or any other details about the proposed budget. The $8 proposed decrease at that early stage was only theoretical, a starting point. All of his pronouncements about the budget were couched in a unmistakable caveat: What had been released was a working document,
Another point that should be made about the proposed budget: It was obviously well crafted to begin with. It was a ground-up process ... and clearly there were relatively few components of the draft that struck anyone reviewing it as needing remediation. subject to change after reviews by the policy-makers. Indeed, after the budget and finance committee had its say, the working draft had an assessment decrease of $5, attributable to some changes related to the police and fire/emergency medical services budgets. Once the board had its say, the assessment for 2020-21 could have been changed yet again. But based on the results of a one-day review Jan. 15, it appears that the $5 assessment decrease will hold up. Indeed, the proposed budget has been posted on the OPA Web site, suggesting that policy-makers probably won’t be spending a lot of time tweaking it further. What a difference a year makes. Another point that should be made about the proposed budget: It was obviously well crafted to begin with. It was a ground-up process, Viola says, and clearly there were relatively few components of the draft that struck anyone reviewing it as needing remediation. In past years, there were white boards on display filled with topics and issues that needed to be resolved and then monetized for inclusion in the budget. This year, what traditionally has been a threeday board marathon reviewing the budget, the directors reserved only one day for that purpose. Issues that needed resolution were few and far between. It could be handled in one day because of the lack of contentious issues. The most two most potentially controversial topics involved budgetary requests from Chief of Police Dave Massey and the Ocean Pines Volunteer Fire Department, neither of which were included in Viola’s initial proposal. Chief Massey won the B&F committee’s endorsement of a change in the OPA’s contribution to police officers’ retirement plans that are somewhat more favorable than OPA contributions to other OPA departments. The chief made a good case for the change, namely that other law enforcement agencies have better retirement plans than the OPA’s and, as a result, these other agencies can poach OPA-
trained police officers with relative inpunity. The desire to incentivize the retention of police officers is understandable and defensible. The alternative is that officers trained on OPA’s dime will leave, creating vacancies that can be filled only by starting the same process all over again. Should the final approved budget include these changes, as seems likely at this point, Viola and his human resources manager will have to explain the disparate treatment. That will be a delictate chore, but doable. Departments in which retention is a continuing battle can justifiably be treated differently than those that are not. So long as the disparity is relatively modest, it can be explained. Similarly, the OPVFD is asking for OPA investment in its retention and new member challenges, namely a waiver of OPA assessments for firefighters who are Ocean Pines property owners, with three years of service and with all the proper certifications. Viola says the program will be evaluated after its first year to determine whether it should be retained as is, modified or abolished. This proposal, too, has the endorsement of the B&F committee. At the Jan. 15 board review meeting, there was no dissent from among the directors. There is an implicit if not explicit understanding that the alternative to this program of assessment abatement is a paid fire department, not an option that anyone wants given the likelihood of a six- or seven-figure annual price tag. The flip-side to this is that Ocean Pines is a community that is hugely dependent on volunteers, to those who serve on the board of directors and advisory committees, to those whose service on various civic organizations is vital to making Ocean Pines the well-rounded community it is today. While the impulse to help the OPVFD attract and keep volunteers is certainly understandable and defensible, and even commendable, an assessment abatement is a form of compensation and creates a subset of Ocean Pines property owners who are treated differently with respect to assessments than everyone else. This is a departure from the principle of uniformity that has governed assessments from the earliest days of Ocean Pines. The answer to that is that volunteer firefighters are intimately involved in protecting the health, safety and property of Ocean Pines property owners, which can’t be said of any other volunteer organization in Ocean Pines, other than Neighborhood Watch to a lesser degree, Firefighters risk life and limb when engaged in fighting a fire. This can’t be said of other volunteers active in Ocean Pines, as valuable as their contributions might be to the community.-- Tom Stauss
38 Ocean Pines PROGRESS
CAPTAIN’S COVE
January 2020
The resurrection of the Ocean Pines Residents Academy
B
ack in 2016, then General Manager Bob Thompson inaugurated what was called a Residents Academy, a seven-week tutorial on the ins and outs and the nuts and bolts of the Ocean Pines Association. Actually, it was a public relations director, Teresa Travatello, who came up with the idea, but it was Thompson who presided over the effort and made it a memorable experience for course participants. About 30 or so Ocean Pines residents attended the sessions to learn all there was to know about how the OPA functions. Sadly, the project died on the vine after a single run-through, collateral damage from Thompson’s forced departure later in 2016 after more than six years on the job. One can only speculate how the academy would have evolved and flourished had he remained on the job awhile longer. Fast forward almost four years later to January 2020. Some members of the OPA’s Communications Advisory Committee who fondly remember the Residents Academy want to resurrect it, albeit updated for the new realities of online two-way communication. The idea discussed at the Jan. 4 monthly board meeting was more of a hybrid approach. Video-recording of sessions would be posted online while allowing real-time interaction of instructors with the attending residents. How all that will shake out remains to be be seen. New Northstar interactive software might facilitate the project. One director who would like to see the Academy resurrected is Larry Perrone, who said it was a good learning experience and led to his decision to become involved in Ocean Pines affairs. He’s been a member of the Budget and Finance Advisory Committee and then a successful candidate for the board. Currently he’s OPA treasurer. The board’s liaison to the communications committee, Colette Horn is another supporter. No director, at least so far, is a contrarian. Fair enough. Done right and recorded for posterity, available to anyone on-line who wants an introduction to the operational logistics of our community, a revived Res-
LIFE IN THE LIFE INPINES THE PINES
sive Ends and Conservative Means, a blend of competing impulses. An excursion through the curious cul-de-sacs An excursion through theby-ways curious and by-ways and cul-de-sacs The Real Ocean Pines Forum of Worcester County’s County’s most densely community. of Worcester mostpopulated densely populated community. -- How the launch of a message By TOM STAUSS/ By TOM Publisher STAUSS/Publisher board called Real Ocean Pines Forum by the OPA a few years ago was an abysmal failure, crashing idents Academy could have some Pines golf course -- The real cost of operating a golf course in Ocean and burning as a flawed concept real value to course participants. with ineffectual execution. How The presumption seems to be Pines will be itemized, inclusive of oceanpinesforum.com remains a that General Manager John Viola annual operating subsidies, capital go-to on-line source for information will preside over the new Residents improvements, and that most arseasoned with opinion offered up Academcy as the defacto headmas- cane of concepts, funded depreciaby serial raconteur Joe Reynolds, ter, although can a cameo appear- tion. The course leaders will describe sometimes referred to as the most ance or even a seminar by Thomphow boards of directors have been powerful person in Ocean Pines. son be ruled out? The Ocean Pines rumor mill The committee has requested influenced by the powerful golf -This course surveys how rumors, $5,000 to develop this course, and so lobby since the founding of Ocean misconceptions and disinformation far in the OPA budget process there Pines, and how this group has often have circulated throughout the seems to be little resistance to the elected its members to the board community at pivotal moments in and guaranteed that golf-related idea. our history, especially when referAs yet, no detailed curriculum projects from rebuilt greens and endums of large capital projects are has been developed, though it’s not fairways, course equipment, and in full swing. unlikely that the course outline new buildings have been adequateThe History of Ocean Pines from 2016 will be resurrected from ly if not generously funded by all litigation -- A survey of lawsuits the vaults and reused to some ex- property owners, many of whom filed against the OPA over the dedon’t play the game. tent. cades. Special guest lectures by Dysfunction run amok -- This To really give attendees a thorlitigants Nate Douty and Slobodan ough grounding in the minutiae of course will survey the best and Trendic, with emphasis on how such Ocean Pines, however, a far bolder worst boards of directors in the hislitigation can be avoided in the futory of Ocean Pines, with particuapproach should be considered. ture. Rather than simply resurrect the lar attention to those boards that The Progress invites anyone with rather pedestrian content of Resi- have seemed most dysfunctional. ideas on courses that might be condents Academy.1, here’s a sampling The course objective will be to teach sidered for RA.2 to send ideas to the of what might be offered in Resi- teach course participants how to publisher’s email address listed in avoid destructive behaviors in the dents Academy.2: the staff box below. No spam, please. The History of Referendum future, of the sort that on occasion The best and worst ones will be pubAvoidance in Ocean Pines -- Les- through the decades has led to the lished at a later date. sons in how various boards of direc- description of board meetings as tors have dodged the onerous bur- the “best show in town.” Planned obsolesence through den of having their favored capital improvement projects approved by calculated neglect -- How various OPA assets have been allowed to OPA members. Examples of calculated refer- deteriorate over the years in a calThe Ocean Pines Progress, a journal endum avoidance will include the culated effort to promote replaceof news and commentary, is pubSports Core pool enclosure of 2006 ment over repair and maintenance. lished monthly throughout the year. Examples will include the old (seems like yesterday) and the It is circulated in Ocean Pines, BerCountry Club replacement project Community Hall, the original lin, Ocean City, and Captain’s Cove, Yacht Club and most recently the of 2019-20. Va. The History of GM contract old Country Club, all of which have terminations -- Students will be been replaced with new structures 127 Nottingham Lane instructed in the circumstances on or close to the footprint of the Ocean Pines, MD 21811 under which various general man- originals. The Ocean Pines two-party agers have had their employment PUBLISHER/EDITOR contracts terminated by boards of system -- How Ocean Pines has Tom Stauss directors over the decades, with divided itself over the years into stausstom@gmail.com particular attention to signs and competing factions, one progres443-359-7527 portents that lead to inevitable dis- sively inclined to spend lavishly on expensive capital improvemets and missals. Advertising Sales The most successful general the more conservatively inclined to Frank Bottone managers in Ocean Pines -- A spend as little as possible, as a way 410-430-3660 survey of general managers with of keeping the lot assessment as emphasis on those who have lasted low and possible. CONTRIBUTING WRITER How the animating principle the longest and reasons why that Rota Knott of policy-making in Ocean Pines might have been the case. InkwellMedia@comcast.net The true cost of the Ocean might be summed up as Progres443-880-3953
January 2020 Ocean Pines PROGRESS
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40 Ocean Pines PROGRESS
January 2020
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