January 2024 Ocean Pines Progress by Ocean Pines Progress

OCEAN PINES GOLF CLUB

Board approves new three-year trash contract

Pleased with the contractor’s past service, the Ocean Pines Association has awarded a new three-year exclusive contract to Republic Services for refuse and recycling collection in the community. Based on a staff recommendation, the Board of Directors on Dec. 16 approved the contract, which provides for automated, mechanical trash collection and additional pick-ups of yard debris, but comes with a seven percent rate increase in 2024 for residential customers in Ocean Pines.

~ Page 7

North Gate e-sign gets green light

After years of community debate about their appropriateness in Ocean Pines, the Board of Directors on Dec. 16 approved the acquisition and installation of a single new electronic sign at the North Gate. The electronic sign will replace the existing stationary message sign at the North Gate but will be fitted into the same wooden housing, maintaining the general appearance of the sign while enhancing its capabilities.

~ Page 11

INSIDE THIS EDITION

Ocean Pines ............... Pages 1-22 OPA Finances .......... Pages 23-28 Business .................... Pages 30-31 Worcester County .......... Page 32 Lifestyles ................... Pages 33-35 Opinion .................... Pages 36-37 Captain’s Cove ......... Pages 39-51

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Proposed budget lowers base assessment by $36; no change in waterfront rate Viola proposes transfer of $913,000 from prior year surplus By TOM STAUSS Publisher eneral Manager John Viola is proposing an $18.567 million budget for fiscal year 2024-25 that reduces the base lot assessment from $886 to $850 and keeps the waterfront differential for most waterfront lots in Ocean Pines at $615. What’s billed as the “preliminary proposed budget” was posted on the Ocean Pines Association Website just before Christmas. The proposed budget is projecting an increase in spending over current year estimates of $776,211. The proposed budget calls for $15.313 million in departmental spending and revenues, $1.777 million in bulkhead repair and replacement spending, and another $2.077 million in capital spending, including about $350,000 for road resurfacing and $200,000 for drain-

age improvements. With less money projected in assessments, the proposed budget is projecting an increase in revenues over the current year’s estimates, accomplished largely by transferring $912,649 from prior year surpluses into the general fund. That’s a fulfillment of a Viola promise in last year’s budget process, in effect a give-back to property owners from several consecutive years of substantial operating fund surpluses. The budget projects about $1.527 million in capital spending not related to roads and drainage. The capital summary includes phase one of golf course irrigation, at an estimated cost of $850,000; a refurbished splash pad at the Swim and Racquet Club pool, estimated to cost $40,950; golf course driving range To Page 3

Viola explains Whayland bid process ~ Page 23

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COVER STORY From Page 1 improvements, at an estimated cost of $20,000; and two new vehicles for the Ocean Pines Police Department estimated at $50,000 each. [See article on Page 26 for details of the capital spending plan in the proposed budget.] Viola described the proposed budget as “robust,” and said it includes funding for continued bulkhead, drainage, and road programs in line with the strategic plan. He said it is important to address well overdue infrastructure upgrades. He said the proposed budget includes a statutory wage increase, 401K for police enhanced benefits program, medical costs and liability insurance increases. While the base lot assessment would be lowered by $36 from the current $856, the proposed budget includes increases in some amenity membership rates, particularly marina boat slips, beach parking passes, golf and pickleball. Some golf membership rates, however, those for afternoon play, are lowered. Membership rates for aquatics, tennis, and platform tennis would be unchanged. Most daily user fees for amenities also remain unchanged, except for pickleball. The preliminary proposed budget will be reviewed by the Budget and Finance Advisory

Proposed Assessment Rates Fiscal Year 2024-24

Proposed Membership Dues Fiscal Year 2024-24 TYPE

FAMIILY COUPLES INDIVIDUAL NON-MEMBER

Proposed Boat Slip Rates* Fiscal Year 2024-24

* Non-property owners, if slips become available, will be charged an additional $100 per season, or an additional 10% of the rate, whichever is higher

Committee for two days, beginning on Jan. 3. The Board of Directors’ review is scheduled for Jan. 11 and 12. A town meeting on the budget is scheduled for Feb. 7. With the projected drop in the base assessment likely to be well received, more attention during the review process might be expected for mem-

(1) Available only to members and able to be utilized during specific weekly time period purchased (2) Available only when purchasing swim, tennis, platform tennis, pickleball or golf

bership rates, which seem to be targeted at the amenities where the demand is greatest. As proposed, marina rates would increase $305 from $2,025 to $2,330 for boats under 26 feet. For boats 26 to 40 feet, the rate would increase To Page 4

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4 Ocean Pines PROGRESS January 2024 Proposed 2024-25 budget From Page 3 $415 from $2,755 to $3,170, and for 40-footers and above and live-aboards the rate would increase $560, from $3,890 to $4,480. Swim and Racquet Club boat slip rates would increase $220 from $1,460 to $1,680. The rates, unchanged this year over the prior year, would be increased 15 percent if the Board of Directors approves them as part of the final budget approval in February. Beach parking passes would be increased $25 across the board in the proposed budget, from $215 to $240 for stand-alone passes and from $140 to $165 for passes sold with other membership packages. Weekly passes would increase from $150 to $175, daily passes from $45 to $70, and passes sold to those who don’t reside or own property in Ocean Pines would increase from $525 annually to $550. The proposed budget would increase family golf memberships by $125, from $2500 to $2,625; and individual golf memberships by $100, from $1,600 to $1,700. Family golf memberships after noon would decrease $50, from $1,750 to $1,700, and individual after noon memberships would also decrease $50, from $1,050 to $1,000. Junior memberships would remain unchanged at $225. Cart packages and daily rates are unchanged in the proposed budget. Family pickleball memberships would increase $30, from $295 to $325, and individual rates would increase $20, from $180 to $200, again with no change in the junior rate of $55. The daily drop-in rate for pickleball would increase $3, from $7 to $10. The Budget and Finance Advisory Committee has already reviewed proposed budgets for the three food and beverage amenities managed by the Matt Ortt Companies, as well as the Ocean Pines Volunteer Fire Department. [See article on Page 29 for details.] The OPA’s reserve funds would grow modestly year-over-year from the May 1, 2024 balance of $7 million to $7.185 million a year later. The proposed budget anticipates $1.825 million in assessment contributions to the replacement reserve, and $1.104 million to the bulkhead and waterways reserve, primarily from the waterfront differential.

Budget timetable

The Budget and Finance Committee and Board of Directors will each review the proposed fiscal year 2024-25 OPA budget beginning in early January. Budget packets were distributed to members in later December. The Budget and Finance Committee is scheduled for budget review on Jan 3 and 4, with the Board review to follow on Jan. 11 and 12. A Town Hall meeting is tentatively scheduled for Feb. 7.

COVER STORY

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OCEAN PINES

Board approves new three-year Republic exclusive trash contract Rates increased seven percent, with five percent increases possible in years two and three

By ROTA L. KNOTT Contributing Writer leased with the contractor’s past service, the Ocean Pines Association has awarded a new three-year exclusive contract to Republic Services for refuse and recycling collection in the community. Based on a staff recommendation, the Board of Directors on Dec. 16 approved the contract, which provides for automated, mechanical trash collection and additional pick-ups of yard debris, but comes with a seven percent rate increase in 2024 for residential customers in Ocean Pines. General Manager John Viola presented the contract for Board approval, saying the OPA has had success in working with Republic on previous contracts and there has been a “lack of issues” with the vendor’s services.

The OPA received three bids for the refuse collection contract and all three bids included options for yearly and seasonal collection as well as special leaf collections. Viola said Republic was not the lowest bidder for the contract but was “close” and they’re a proven contractor.” Thus, staff recommended continuing the relationship with the company and the Board voted to award the exclusive contract ensuring the company is the only contractor allowed to operate in Ocean Pines. Residents have the option of not purchasing collection service, disposing of their own trash at county landfill facilities in Berlin or Snow Hill. The contract also included a commercial component for the collection of trash at numerous OPA facilities. Republic submitted a proposal that includes

January 2024 Ocean Pines PROGRESS 7 twice weekly trash collection at a rate of $27.50 monthly, for once a week pickup at $27, and recycling collection at $1.40 per month with once per week pick-up. Invoices are sent quarterly. It also provides for annual increases in those rates by up to 5 percent, assessable on the Jan. 1 anniversary date of the new contract. That caps the possible increase over the newly approved rates at ten percent over the three-year life of the contract. Chesapeake Waste and Waste Industries also submitted proposals for the trash collection in Ocean Pines. Chesapeake Waste’s proposal was for $24.17 monthly for twice weekly collection, $20.09 for once per week, and $27.09 for once a week recycling pickup. Overall, the staff review concluded that the cost of Chesapeake Waste’s proposal was higher for both residential and OPA facilities. Waste Industries submitted a proposal for twice weekly collection at $20 per month, once per week at $18, and recycling at $7.42. The staff concluded the Waste Industries proposal for facilities dumpsters would be double the cost under the current contract, while the residential rates were lower. So while Ocean Pines residential customers would have enjoyed a savings in their quarterly billing had the Board opted for the Waste Industries bid, the same could not be said for the OPA. Viola said Republic will maintain its same To Page 9

8 Ocean Pines PROGRESS January 2024

OCEAN PINES Trash contract From Page 7 service structure but with enhancements, including automated pickups using a collection truck with a mechanical arm that lifts receptacles and empties them. To accommodate this change in operations the company will distribute new receptacles to all customers. Viola said there isn’t much cost savings -- only fifty cents -- by only signing up for collection once per week instead of twice. Director Steve Jacobs asked for clarification regarding Republic’s pricing for services and annual escalation. He noted that the vendor’s proposal included five percent annual price adjustments. Viola confirmed that the five percent fee increase per year is included in the contract, up from 3 percent allowed in the old contract with Republic. “So we’re saying that charge of $27.50 for trash could go up 15 percent over the length of the contract,” Jacobs asked. Viola said yes, but added “I don’t think it’s a bad deal.” Actually, it’s a ten percent cap, because the next possible date for an increase is January of 2025 and then again in January of 2026. The new contract expires at the end of 2026. Jacobs also asked about the new receptacles that will be distributed to customers for use with the mechanical collection trucks. He wanted to know if people who purchased their own trash cans or just put out bags of trash will still be able to do so. Viola said the new receptacles will be larger than those previous distributed to Republic’s customers, at 75 gallons, and the company will provide them to all customers at no additional charge. He said Republic didn’t indicate there would be any change to the size of the containers used for collection of recyclable materials. Viola said the OPA emphasized the importance of leaf collection as part of the new contract. Republic will continue to pick up a maximum of four bags of leaves per regular trash collection, but it will also hold four or five extra leaf collection events. Each of the special collections will take place over two day periods because that’s how long it takes the contractor to pick up from every

January 2024 Ocean Pines PROGRESS 9 property in the community. “That’s an enhanced service on the leaves,” Viola said. Jacobs asked how the leaves will be collected, using a vacuum truck like the OPA used to have or by bag. Viola couldn’t give a definitive answer saying that “this is new” and he doesn’t know what Republic’s plan is yet. But he was doubtful that they would be vacuuming up the leaves. “They are working on that,” he said. “More to come on that.” During the last few weeks, Jacobs said he has seen people still moving

leaves from their property to the roadside. They are not bagging the leaves but simply placing them along the road like they used to when the OPA used the vacuum truck to collect them. Residents are now being asked not to rake leaves to the roadside as they have in the past because the OPA has discontinued use of the vacuum truck to pick up the yard waste. Instead all leaves must be bagged for pick up or bagged and taken to Public Works. Currently, residents

can put up to four bags of leaves on the roadside to be picked up by Republic during regularly scheduled trash collection days. Viola said the OPA’s policy is that residents must rake leaves and bag them for disposal, either through regular collection or by bringing them to the Public Works yard. Under the new contract with Republic residents will have the opportunity to dispose of more leaves during the special collections. Linda Martin, senior executive office manager, said the OPA will isTo Page 11

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OCEAN PINES

North Gate electronic sign gets green light

Trash contract

From Page 9 sue a violation to any property owner where the leaves are raked to the road and left there. This has been a recurring concern for the OPA. The OPA no longer has a vacuum truck and is no longer providing the service. During the Public Comments segment of the Board’s agenda, former director Amy Peck suggested residents be required to use paper bags when putting leaves out for pick up during the additional collections offered by Republic. That way they can be recycled, she said. Peck asked if the additional leaf collections will result a reduction of work for Public Works and therefore a cost savings for the OPA. She also asked if there will be any cost next year for residents to obtain the stickers that have to be placed on bagged leaves to dispose of them at the Public Works yard. Currently those stickers are provided to residents at no cost. No one responded to Peck’s questions during the meeting.

Viola says six-to-eight-week lead time needed before installation By ROTA L. KNOTT Contributing Writer fter years of community debate about their appropriateness in Ocean Pines, the Board of Directors on Dec. 16 approved the acquisition and installation of a single new electronic sign at the North Gate. The electronic sign will replace the existing stationary message sign at the North Gate but will be fitted into the same wooden housing, maintaining the general appearance of the sign while enhancing its capabilities. Based on a staff recommendation, the Board voted unanimously to award a $22,118.06 contract to Phillips Signs for the one sign. “We’ve certainly heard about it for like 15 years,” General Manager John Viola said of the electronic sign debate in presenting the capital purchase for approval. He said it will take 6 to 8 weeks for the sign to arrive for installation. The Board had authorized Viola to seek a bid for

the electronic sign at the November Board meeting, with a strong indication that approval was assured. Viola said the sign will allow the OPA to gather community feedback, review lessons learned and then determine how or if to proceed with the installation of additional electronic signs as recommended by the Communications Advisory Committee. The only partial dissenter on proposal was Director Steven Jacobs, who said he supported the purchase but noted that buying and installing five electronic signs in the community will come with a hefty price tag. “I don’t have a problem with the signs like the idea of the sign,” he said, adding he was concerned about the cost, which would be around $120,000 “for a bunch of signs.” Jacobs acknowledged there will be some offset to the purchase of the electronic signs through savings on the cost of labor needed to manually change and maintain the existing marquee signs. u

12 Ocean Pines PROGRESS January 2024 Electronic sign

From Page 11 But the cost of purchasing multiple signs will be significant. “Candidly, $110,000, $120,000 for five signs is a lot of money,” he said. He asked if the vendor will be willing to give a bulk discount if the OPA purchases more signs in the future. If the plan is to install additional electronic signs, Jacobs said the OPA needs to try to reduce the overall cost. Director Elaine Brady said she is confident that Viola will be able to negotiate with the vendor if the Board moves forward with the rest of the electronic sign project as part of the 2024-25 budget process that is now under way. Viola pointed out that he was only asked by the Board to get pricing for a single electronic sign at this time. He added that he always looks at economies of scale on such projects. However, Viola said the vendor’s price for the single sign at $22,118.06 is “a very good price” compared to other companies. He acknowledged that the bid

OCEAN PINES

from Phillips Signs was the highest of the three bids submitted by vendors for the North Gate sign. Fast Signs submitted a bid of $20,714.22 and Impact Graphix and Signs submitted a $20,863 proposal. All of the bids included a single-faced sign including materials and installation. He said the vendor indicated it would be willing to work with the OPA and “we’ll try to get a cheaper price.” Still, he told the Board not to expect a major discount on bulk purchases of electronic signs. Viola noted that the cost of such technology is coming down so it is possible there will be some natural savings on an additional signs the OPA purchases in the future. He also said the project cost will be less if any new signs are installed at the same location of existing signs where there is already a power supply. If the locations are changed and new electrical service needs to be installed, the cost will be more, he said. Following another presentation on behalf of the Communications Advisory Committee and its latest > edwardjones.com | Member SIPC

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recommendation for installation of electronic signs last month, the Board instructed Viola to obtain pricing for one electronic sign that would be placed at the North Gate. Viola formed a work group that included public relations, public works and administrative staff to review the project and discuss next steps. The OPA circulated a request for proposals that was sent out to contractors on Nov. 22 and received responses from the three vendors. Viola said the selected vendor provided a demonstration of the style of electronic sign that will be installed at the North Gate. “It was pretty impressive,” he said. He included a photo of the electronic sign display in his general manager’s report to the Board, but said the photo doesn’t do justice to the quality of the display. Currently more than a dozen of the marquee signs are located throughout Ocean Pines, and all but two of them are double sided. The message displayed on each one of those signs is different and they all have to be changed manually be either OPA staff or a volunteer. Proponents of digital signs have long argued that old signs require manual insertion of letters for the messages, making them inefficient and costly to maintain. If the OPA opts to move forward with installation of the digital signs, it will have to remove all of the other existing marquees in the community except at the Yacht Club. That sign is maintained by Matt Ortt Companies, which has indicated that it would like that replaced with a digital sign. Per Worcester County code, if Ocean Pines installs any electronic

signs then all of the existing marque signs must be removed regardless of whether they are being replaced. The county code approved a code amendment that allows communities like Ocean Pines to have electronic signs for internal messaging to its resident but the removal of all other signs was a requirement included in that approval. The Communications Advisory Committee’s overall recommendation is to consolidate all of the messages from the existing marquee signs onto four digital signs at the highest traffic areas, with one sign each at the North Gate, South Gate, Cathell Road, and the Community Center. The Matt Ortt Companies has indicated that it would an electronic sign at the Yacht Club, so that location has been added to the list of those to be considered in 2024-25. Last year, Viola presented three quotes for electronic signs of sizes ranging in size from 4 by 5 feet to 4 feet 5 inches by 8 feet 3 inches and in cost from $34,399.50 to $45,000 each. Then the Board hit pause of a proposal to install electronic signs in Ocean Pines, saying there wasn’t a clear vision for what type of information will be posted on them or how many were needed. At that time the Board sent the issue back to the Communications Advisory Committee for further study. The new proposal is the result of that reconsideration. At the November Board of Directors meeting, Brady had led Board discussion of the proposal, and she continued in the lead at the December meeting. For some time, certain directors had resisted the idea of electronic signage, but Brady won them over.

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Board OKs first phase of golf course irrigation project

January 2024 Ocean Pines PROGRESS 13

No referendum in the offing because 2024-25 project costs less than the $1 million threshold By ROTA L. KNOTT Contributing Writer golf course irrigation project with a price tag that falls just short of $1 million will get under way next year. The Board of Directors on Dec. 16 awarded a $934,000 contract to Irrigation Services of Haymarket, Va., for work on multiple holes and the driving range and replacement of the pump station that services the golf course. “The irrigation system at the golf course is probably over 50 years old,”

General Manager John Viola said in presenting the capital request for approval. He said the Ocean Pines Association installed a secondary irrigation system many years ago on the outside for the rough and some improvements were made at the driving range but otherwise the system hasn’t been upgraded in decades. “The system was basically antiquated.” Irrigation Services, Inc. was the low bidder for the project. The total $934,000 cost includes system in-

stallation at $609,000, pump station material at $275,000, and building renovation at $50,000. The first phase of the project includes drainage improvements on the fairways and rough areas of holes one, 9, and the 4th tee of the Ocean Pines golf course, as well as the driving range. Other bidders were National Lawn Sprinklers, Inc. with a $995,000 proposal and Landscapes Unlimited with a proposal of $1.071 million.

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Resident David Tanner spoke up during the Public Comments segment of the Board meeting and said the complete golf irrigation replacement has been estimated at $3 million. He noted that the OPA’s bylaws say any expenditure of more than $1 million has to go to referendum vote of property owners. “That’s the spirit of it,” Tanner told the Board. “I’m hoping that the Board is going to do the right thing on that” and put the golf course irrigation project out to referendum.” Tanner said he is neither in favor of nor opposed to the project but just wants to see OPA follow procedure so it doesn’t end up dealing with a lawsuit because it failed to do so. “Let’s do the right thing on that,” he said. There are no plans to take the project to referendum, however, based on legal advice from OPA counsel Bruce Bright Viola said the OPA will work with the vendor to prepare and sign the contract for the work during next several months and anticipates u

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OCEAN PINES Golf course irrigation From Page 13 work will begin in November 2024. While he said there may be some initial work that can be completed sooner, the majority of the project construction will occur between November 2024 and March 2025. He said there will be minimal disruption to the golf course. He later told the Progress that the so-called 19th hole, a par three substitute hole that runs parallel to hole number two, will be used again when holes are out of commission because of work being done. It was constructed more than ten years ago, the last time irrigation improvements were done on the Ocean Pines golf course In response to Tanner’s request for a referendum, OPA President Rick Farr told the Progress that Bright has advised Viola and the Board that a referendum is not required because the approved expenditure for phase one of golf course irrigation improvements is less than $1 million, which is the referendum threshold in the OPA by-laws. Farr also said that costs for additional improvements have not yet been determined, and the Board is not locked in to approving additional phases. The pumping station improvements need to be done regardless of irrigation improvements to the fairways and roughs, he said. Viola said that the pumping station for the golf course is old and that components can fail and have failed at any time. He said that the OPA has collected replacement reserve funds over many decades, to be used for whenever infrastructure has outlived it useful life. “We shouldn’t have to go to referendum for replacement of aging components,” he said. Viola also said that actual costs for installing a new irrigation system are yet to be determined, adding that he’s not even certain how many phases will be required. If the cost of the next phase exceeds $1 million, then Bright no doubt will be asked at that time whether a referendum is required. Viola said he is not sure how many additional phases will be need to complete the project.

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Viola targets completion of tiki bar expansion in time for Memorial Day

Board approves $137,500 contract with Whayland Company in a ‘hybrid” project that will also include some involvement by Public Works By ROTA L. KNOTT Contributing Writer o enhance the customer experience and increase revenue at the Yacht Club, the Ocean Pines Association will be expanding the outside tiki bar. The expansion will provide additional rail space for customers to sit on both sides of the tiki bar and will allow for the addition of registers and equipment to speed up service. General Manager John Viola is targeting the completion of the tiki bar expansion in time for Memorial Day. The Board of Directors during

a Dec. 16 meeting approved a $137,500 contract with the firm of Whayland Company from Laurel, DE, which has completed numerous other projects for the OPA and was awarded several other construction contracts during the same meeting. Viola said early bids for the tiki bar expansion came in around $300,000, but he and OPA staff “picked apart” the project and determined the OPA can do some of the work in-house. That reduced the contract amount. OPA will purchase $60,000 in materials for the project, including shutters and an awning, bringing

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the total estimated cost to $197,500. During his general manager’s report to the Board, Viola said the objective of the project is to improve the customer experience at the Yacht Club. He said the existing tiki bar doesn’t have the capacity to serve the number of customers who want to access it. “It’s a very popular place,” he said of the tiki bar, but added that the project is needed to “fully serve customers.” During the Public Comments segment of the Board’s agenda, former director Colette Horn said the tiki

OCEAN PINES bar was put in service in 2015 with an anticipated 40-year useful life. She wanted to know if the addition will affect the useful life of the entire structure. “Is it a rebuild or just adding a piece onto it?” Horn asked. She also wanted to know what will be gained in bartender rail space and registers to help service the community and what the projected impact is on net revenue by making the improvements. Viola responded that the tiki bar project is an enhancement to the existing structure and will add 240 square feet of space that will be tied into original tiki bar. The project will add 20 feet of additional rail service on each side of the tiki bar and customers will be able to access it from the pool and from the patio side of the Yacht Club. The expected 40-year life of the original structure will be the same. However, he said there will be some plumbing and electrical work that will extend the life of those elements of the capital asset. To Page 18

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18 Ocean Pines PROGRESS January 2024 Tiki bar From Page 16 Viola said he believes there is some sales revenue that has been lost because the existing tiki bar is not designed to be able to meet the demand. So, he said, it isn’t about bringing in more people but rather about delivering better service to the customers that are already visiting the tiki bar. The draft Yacht Club budget reviewed by the Budget and Finance

Advisory Committee Dec. 19 did not include projected revenue increases resulting from the expanded tiki bar, but Viola told the committee that he expects that the Matt Ortt Companies will be revising those numbers, now that the Board has approved the expenditure and Viola is targeting its completion by Memorial Day weekend. It is therefore possible if not likely that MOC will be revising the proposed Yacht Club budget to reflect some uptick revenues from the expanded tiki bar.

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Racquet Sports Clubhouse to be expanded Second story option not included with approved project

By ROTA L KNOTT Contributing Writer he Board of Directors during its Dec. 16 monthly meeting approved a $140,000 contract for renovations and expansion of the Racquet Sports clubhouse. The Whayland Company submitted the winning proposal for the project that will include expanded restrooms, pro shop, office for the racquet sports director, and interior storage. Voila said he anticipates the project getting under construction in January and being complete by May 2024. The clubhouse improvements have been a priority of the Racquet Sports Advisory Committee and also has been a priority of General Manager John Viola. In earlier iterations of the project, there was the possibility of adding a second floor to the building, but that idea was discarded because of cost considerations. The building’s footprint will not be expanded, but some of the outu

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January 2024 Ocean Pines PROGRESS 19

OPA may add key card access to Beach Club Bathroom use might be limited to members only

BY ROTA L. KNOTT Contributing Writer inda Martin, senior executive office manager, disclosed during the Dec. 16 Board of Directors meeting that the Ocean Pines Association staff is investigating options for key card access to the Beach Club parking lot in Ocean City. The objective is to have it installed when the Beach Club re-

Racquet Sports From Page 18 er walls will be pushed out to the extent of the building’s roof line, adding to the interior space that is under roof. There was discussion during the Board’s June 17 month meeting about the second story option. OPA and racquet sports member Dave Tanner during the Public Comments segment contended that the building was sound and that the OPA did not need to spend millions of dollars to replace it, especially with a two-story version that would be costly and function poorly. He said minor changes could be made to the existing building to improve its functionality, including increased storage space. Tanner said the existing building was already “looking a lot better” since some repairs have been made and the building was painted. He reminded the Board that Worcester County has said the OPA can’t expand the footprint of any facility or amenity in Manklin Meadows. He said they may be able to “get a few more feet,” but not enough to create a major events facility at that location. As for creating a two-story building, Tanner said that would not work either. By the time the OPA adds stairs and an elevator to meet Americans with Disabilities Act requirements, it would not gain any usable space and may actually lose square footage, he said. Viola agreed with Tanner’s assessment of the limits of adding a second story to the racquet building and said it would take additional square footage on the bottom floor to accommodate access upstairs.

opens for the summer Memorial Day weekend. Currently, those with parking passes are admitted to the Beach Club parking lot by paid staff. With a key card reader, access would be controlled with a retractable gate, similar to what is in place at the airport in Salisbury or in many gated communities. Martin also said the OPA will shift to using a key card system to

limit access to Beach Club bathrooms for members only. How daily pass users who are members of the OPA, guests or members of the public who chose to buy food and drink at the Beach Club would be allowed access the restroom facilities is yet to be determined. One option might be that an access card could be given out on request to a non-member, at the option

of a Beach Club lifeguard or clubhouse employees. Martin said the OPA’s information technology department had received bids for door controls, card readers, intercom, and cameras at a cost of $5,430.82 and would use Blue Cap IT to install a Verkada system. Verkada is a San Mateo, Ca., company that develops cloud-based building security and operating sysu

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20 Ocean Pines PROGRESS January 2024

Committee chair critiques resolution approval process

Board approves resolution on yard maintenance on second reading By ROTA L. KNOTT Contributing Writer espite initially saying she was not there to speak on behalf of the By-laws and Resolutions Advisory Committee, Lora Pangratz, its chairman, chastised the Board of Directors for not including that committee in its review of Resolution M-04. Following a second reading, the Board of Directors during a Dec. 16 meeting adopted revisions to Resolution M-04, maintenance of lots, which establishes criteria used in determining whether a lot is in violation of the Declaration of Restrictions as a result of unattractive growth or the accumulation of rubbish or debris. During the Public Comments segment of the Board meeting, Pangratz asked that consideration of the changes to Resolution M-04 be postponed so the By-laws and Resolutions Advisory Committee could make recommendations regarding the proposed changes. Specifically, Pangratz was concerned about ensuring that Resolution M-04 includes a procedure for when and how the OPA can authorize access to a property owner’s lot for maintenance purposes. She said the draft resolution did not outline such a procedure and that could make the OPA vulnerable to legal action. She called it a “big deal coming onto a person’s property.” The governing documents give

Key card access From Page 19 tems. The company combines security equipment including video cameras, access control systems and environmental sensors, with cloudbased machine vision and artificial intelligence, according to an article on Wikipedia. Blue Capt IT is a Crofton, Md., company that specializes in IT support. General Manager John Viola told the Progress that when implemented a key card system will save the OPA money in labor costs. He also said that once the system

the Ocean Pines Association the right, upon a super-majority Board vote, to enter upon lots and maintain them if an owner fails to maintain the premises in a satisfactory manner. Unattractive growth of grass or exceeding ten inches, or less if specified in the applicable Declaration of Restrictions, is considered unsightly growth. The restrictive covenants require that lots “ ... shall at all times be maintained in such manner as to prevent their becoming unsightly by reason of unattractive growth ... or the accumulation of rubbish or debris thereon.” The revisions to the resolution remove language stating that the general manager is authorized to have agents of the OPA cut the grass and weeds on lots found in violation and to add the related cost to the owners’ annual dues. Pangratz said a procedure should be included in Resolution M-04 so that property owners don’t have to go searching through other OPA documents to find it. The Committee could have helped with that, she said. “We could have looked at that if we had been given an opportunity before first reading…” she said. She said the committee’s job in reviewing the governing documents is to make sure they are user friendly so all property owners can understand the policies and procedures. “Our job is try to make sure that we don’t have to go to court…” she is up and running and “we can learn from it,” the staff will be looking at the possibility of installing a similar system at the OPA boat ramp in White Horse Park. “That would be more complicated,” he said. “More infrastructure would be needed.” The idea of a gated, key-card entry system at the OPA boat ramp has been on the radar for years if not decades, but implementation has remained elusive. The consensus has been that OPA members would have access to the boat ramp without additional charge, as is currently the case, while non-members would be charged a fee.

said, adding “And that it wasn’t clear enough for a resident to know exactly what the process is,” she said. Pangratz asked that the committee be given an opportunity to look at M-04 and the Board not vote on the changes that day. The Board opted to hold the second reading and approved the changes despite that request. Elaine Brady was the director spearheading the process of amending M-04, part of a multi-month effort to bring OPA governing documents into compliance with recent changes in state homeowner association law. After the meeting, OPA President Rick Farr said that in this particular instance the amendment process was expedited by Brady working with OPA counsel Bruce Bright.

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OCEAN PINES “We wanted to get the get job done quickly and effectively,” Farr said. “In most cases, changes to governing documents will come up through the committee. This was an exception, with one of our directors taking the lead, working with counsel and getting the job done.” As is customary, the directors usually don’t respond to opinions expressed during the Public Comments segment, occasionally deviating from that practice to answer questions that can be handled quickly or to correct misstatements. Pangratz said committee members spend a lot of time reviewing documents like the Board resolutions to ensure that they are in line with other governing documents like the by-laws and the Maryland Homeowners Association Act. She said the committee would appreciate being included in the process early on if the Board is considering making changes to a Board resolution. “When a document is brought up u

Operation We Care, working with American Legion Post 166, recently rallied more than 50 volunteers to prepare 226 care packages for U.S. troops deployed overseas. The event, held at the American Legion Post in Ocean City on Dec. 10, included members of the Ocean Pines Association Board of Directors and the Worcester County Veterans Memorial Foundation. Memorial Foundation President and event chairperson Marie Gilmore said care packages were filled with personal hygiene essentials, snacks, food items, and messages from home for the holidays. OPA Directors John Latham and Jeff Heavner, shown above, attended,

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January 2024 Ocean Pines PROGRESS 21

OPA to share cost of new Veterans Memorial gazebo

he Ocean Pines Association and Veteran’s Memorial Foundation are splitting the $100,000 cost of building a new pavilion at the Worcester County Veterans Memorial at Ocean Pines on Cathell

Road. The OPA Board of Directors approved its $50,000 cost share during a Dec. 16 meeting and authorized a contract for the work with vendor the Whayland Company. The new structure at the Veteran’s Memorial Park will replace the existing gazebo and resemble the one already located in White Horse Park. The OPA will own the structure, as it does the entirety of Veterans Memorial Park. Director Steven Jacobs asked whether the OPA is sure the Foundation has its share of the money for the project. “Do we know the foundation has the money? Do we break ground before get the money?” he asked. OPA President Rick Farr, who also serves on the Foundation’s board of directors, responded that the foundation does have its share of the cost on hand and that the project can move forward, with no need for

General Manager John Viola said during the Dec. 16 meeting that OPA staff met with Patti Stevens, chair of Worcester County Bike and Pedestrian Coalition, on Nov. 30 and evaluated the Robin Hood bike and walking trail. He said maintenance is being performed on the trail including removing roots and mulching and adding stone dust along the edges. Five signs are on order and will be installed on walking paths that cross over streets to notify motorists of hikers and bicyclists crossing the road. Viola said the signs are recommended by Maryland State law. Roads will also be striped similar to golf cart crossings at King Richard, Castle, two locations on Camelot and Robin Hood. u

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From Page 20 for a first reading it would be appreciated if the By-laws Committee was given the opportunity to look at that document either prior to first reading or after but definitely before the second reading,” she said. “We are an advisory group. We’re not given the opportunity to share our advice usually until after the fact.” Director Steve Jacobs, the Board liaison to the committee, agreed with Pangratz, who during her comments had praised Jacobs for his responsiveness to committee concerns. “It should be the practice and procedure of the Board that any resolution after first reading should go to the By-laws Committee. That’s why the By-laws Advisory Committee exists,” he said. He said the only reason Resolution M-04 was considered by the Committee at a recent meeting is because one of its members asked that it be added to the agenda. He said timing should be a factor when it comes to review of important documents. If the Board were to indicate to the committee that changes were a time sensitive matter, Jacobs said he was confident the committee would hold a special session if necessary to address the need for expeditious consideration. In presenting the second reading of the changes to Resolution M-04, Brady said the document had been vetted by OPA legal counsel. The changes briefly outline a process for addressing noncompliance

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of maintenance, stating the Compli- what is debris can be challenging. out of compliance with the HOA act ance, Permits, and Inspections office But she was more concerned about for a year. “It’s imperative that we get this will notify the property owner re- bringing the OPA into compliance done so we can move forward in the garding “poorly maintained grass or with State law. weeds or the accumulation of leaves “The concern for passing the way that we’re supposed to be,” she or debris on the property. changes today is that OPA has been said. It simply states if the property owner fails to rectify the situation within 15 days after receipt of the letter the OPA or its contractors will do so. The property owner will be charged for the cost of the maintenance. Jacobs pointed out that Brady’s cover sheet for the revision to M-04 simply states that the purpose of the change is to align the document with another amended Resolution, M-01. At the November Board of Directors meeting, in response to state legislation passed amending the Maryland Homeowners Association BERLIN OPTICAL Act, the OPA updated Resolution 16-B South Main St., Berlin • (1 block south of the Atlantic Hotel) M-01, Policy and Compliance Proce410-641-2020 dures for Declaration of Restrictions Mon., Tues., Thurs. & Fri. 9 a.m. - 4:30 p.m. and ARC Guidelines Violations, to SALISBURY OPTICAL include an appeals process. 800-K S. Salisbury Blvd. • (Next to the Greek Pita Place Restaurantl) But it doesn’t say that in the text 410-546-1369 of M-04. Mon. - Fri. 9 a.m. - 5:30 p.m. • Sat. 9 a.m. - 3 p.m. Jacobs also urged caution in using the OPA’s authority to enter on private properties and to remove debris and trash, using the adage “one man’s trash is another man’s treasure.” He said he believes the OPA can address debris on someone’s property because of concerns with ool in Scho vermin and varmints. ok C * does not apply to insurances * does not apply to insurances Expires 1/31/24 Expires 1/31/24 “As a health matter, I think we would have sufficient justification Berlin Salisbury for acting,” but when it comes to othptical ptical er debris it could be the owner’s po410-641-2020 sition that it’s “art,” he said, 410-546-1369 % Brady agreed that determining 20 OFF 20% OFF

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delay. Whayland received the contract for two other projects during the meeting, expansion of the Yacht Club tiki bar and renovation/expansion of the Racquet Sports Clubhouse.

22 Ocean Pines PROGRESS January 2024

Bright clarifies owner duty to maintain easement areas, including ditches Brady withdraws discussion from Board agenda

By TOM STAUSS Publisher cean Pines Association Director Elaine Brady had placed on the agenda for the Dec. 16 Board of Directors a discussion of easement maintenance, but rescinded it on the day of the meeting The meeting packet said the discussion was to be a reminder to homeowners that the responsibility for maintaining the easement area rests with homeowners, not the OPA. “The ten-foot easement back and front and five-foot side easements are utility and drainage easements,” according to the meeting package explanation. That wording prompted some criticism from Joe Reynolds, administrator of the oceanpinesforum.com Website, who questioned the accuracy of that statement. In response to that crticism, OPA counsel Bruce Bright posted a clarification, citing information on the OPA Website in the FAQ section. “Drainage easements are for the use and maintenance of drainage. They are 10 feet in width unless otherwise specific and are centered on the existing drainage ditches. “Well easements are for installation and main-

tenance on well lots and are shown on the property’s recorded plat, or land plot. “Slope easements are for maintenance and permanent stabilization control of slopes. Slope control areas will be noted on the property’s recorded plat. “Utility easements are for construction, operation and maintenance of electrical, telephone, cable and other utilities. These easements will be granted upon request of the applicable utility. They are five feet in width along side property lines and ten feet in width along the front and rear property lines. Although not shown on the plats, these easements have been dedicated to the utility companies. “Waterway easements are for drainage, maintenance, dredging and preservation of navigation and recreational use of waterways. “Bulkhead easements are for the maintenance and preservation of bulkheads and similar waterfront improvements. Owners of lots contiguous to a waterway may not fill beyond the bulkhead or high-water lines and must have approval from the Architectural Review Committee to build a structure that is on or extends into any waterway,” Bright concluded.

Walking trail

From Page 21 Viola said that Police Chief Tim Robinson is assisting with that design. During Public Comments, Stevens thanked the Board and staff for work on Robin Hood Trail. She said she met with staff just days after the November Board meeting when she brought up the need for trail maintenance and signage. Days after that meeting, low lying and uneven parts of the trail were mulched and directional signs installed.

Dashboard activity

The Compliance, Permits, and Inspections office started November 2023 with 200 outstanding violations and processed and additional 41 violations during the month. CPI was able to close out 103 violations, leaving 138 outstanding at the end of the month. Of the open violations, 39 are for maintenance, grass, or trash, 40 for no permits, and 59 miscellaneous. Public Works started November with 129 open work orders and received 59 new work orders during the month. During the month, crews closed out 77 work orders, leaving 111 open, with 55 of those being for drainage. On the customer service side of operations, the OPA received 62 contacts from residents in November via email at info@oceanpines.org or phone calls. Of those calls, 9 were related to amenities, 5 for CPI violations, 30 general information, and 18 for public works.

Committee appointments

There were two advisory committee appointments at the Dec. 16

OCEAN PINES

He then said that the “boundaries of each person’s property will depend upon the particular legal description for that property, and where the boundary actually falls in relation to streets may vary from property to property or section to section.” Bright said that the intended purpose of the subsequently deleted agenda item was that “the parts of lots over which there are easements are owned by the property owner, not the easement holder, and must be maintained by the property owner, notwithstanding the existence of an easement on the property. “Property owners should be aware of where their boundaries end, and maintain their property all the way out to the boundary. “As an example, leaves and debris that accumulate in ditches should be cleared by property owners and not left for OPA to deal with, again as a general matter and dependent on actual lot boundaries,” Bright said. The issue of easement area maintenance has perhaps become more acute in Ocean Pines because the OPA no longer is vacuuming up leaves in the ditches and is telling homeowners and residents not to rake their yard debris into the ditches with the expectation that the OPA will remove it. The OPA is encouraging residents to bag their yard leaves for collection by Republic Services or disposal at the Public Works yard during specified times during the year. The new three-year collection contract with Republic Services also provides for four or five “special events” for leaf collection, with details yet to be firmed up, according to OPA General Manager John Viola during the Dec. 16 Board meeting.

Board of Directors meeting. Robert Keesling was named chair of the Strategic Planning Advisory Committee and Linda Yurche chair of the Communications Advisory Committee. Both appointments were unanimous.

Public Works yard open Wednesdays

The Ocean Pines Public Works yard will resume its regular hours starting the week of Jan. 1. Extended hours had been offered throughout the fall to accommodate residents dropping off leaves. The yard will be open on Wednesdays only, from 8 a.m. to 3 p.m. Leaves and other yard debris may be dropped off loose or in paper bags. Plastic bags will not be accepted. Public Works’ annual leaf collection operations came to an end this week, as of Friday, Dec. 29. Republic Services will continue to collect bagged yard debris year-round.

Decatur football team honored

The Ocean Pines Association Board on Nov. 16 presented a plaque and commendation to the Stephen Decatur High School Football team for winning its first-ever state championship. The SDHS Seahawks finished the season a perfect 14-0, capping off the campaign with a 21-13 win over the Huntingtown Hurricanes on Nov. 30 to capture the MPSSAA 2A Football State Championship title. OPA President Rick Farr presented the commendation. Seahawks Head Football Coach Jake Coleman said it was an honor to be recognized. He added that “an undefeated season is great,” but equally impressive was the resilience shown by his team over their last two games.

OPA FINANCES

January 2024 Ocean Pines PROGRESS 23

Viola explains Whayland contracts for tiki bar, racquet sports clubhouse and gazebo Cites negotiated pricing and hybrid approach to construction results in lower costs for OPA, GM says

By TOM STAUSS Publisher he process may have been somewhat unorthodox, but General Manager John Viola is more than convinced that the Ocean Pines Association received the best prices possible for three capital projects approved by the Board of Directors Dec. 16. The Whayland Company of Laurel, De., was awarded contracts for the expansion of the Yacht Club tiki bar, renovation and expansion of the racquet sports complex, and a new gazebo at the Worcester County Veterans Memorial at Ocean Pines on Cathell Road. The first two are targeted for completion before Memorial Day weekend. The projects are essentially joint ventures between Whayland and OPA’s Public Works Department, what Viola likes to call a “hybrid approach,” designed to keep costs down. Many contractors aren’t interested in such an approach because of logistical challenges and other reasons, but Viola has said that Whayland is amenable to sharing the work load. The meeting materials for the Dec. 16 meeting included bid sheets for these three projects, with Whayland listed as the only contractor submitting bids. In contrast, the bid sheets for a golf course irrigation equipment and a North Gate electronic sign contained multiple bids. Three companies submitted bids for a new threeyear trash contract, also awarded by the Board during the Dec. 16 meeting. The bid sheets for the latter were not included with the meeting materials or in Viola’s meeting slides, but copies obtained by the Progress confirms that three bid proposals were received. The successful bid, submitted by the Republic Services was not the lowest. Viola said that pricing for the tiki bar, racquet sports building and veterans memorial pavilion were the result of negotiations with Whayland,

a contractor that has been awarded many other projects in Ocean Pines over the years. Among them were the police department expansion and renovation, the new Golf Clubhouse building and replacement cart barn. In the case of the latest three projects, Viola told the Progress that negotiated pricing was an offshoot of a more conventional process involving the Southside firehouse project, which has been delayed as the Ocean Pines Volunteer Fire Department has changed its focus from a new building to a renovation, upending original estimates. Whayland and the OPA had agreed to an estimated $4 million for a new firehouse, and Viola thought the OPA could obtain better pricing through economies of scale with Whayland by negotiating pricing for the tiki bar, racquet sports building, and Veterans Memorial gazebo. Viola said that the contractor was willing to honor the negotiated prices for these three projects even after it became clear that the OPVFD was

John Viola

no longer looking at a new building. The latest plan is for a renovation of about $2.6 million using state grant money of $1.6 million and another $1 million of existing OPVFD reserve funds that would be re-purposed for a renovation. When former OPA Director Amy Peck went on social media after the Dec. 16 meeting to complain about the Board awarding of contracts without public input and competitive bids, another property owner in an email to Viola said the general manager needs “to make sure that

a reply is made to Ocean Pines residents.” Viola responded in an email that he then provided to the Progress. He said that during the Dec. 16 meeting, “I did discuss the process. I have also discussed it in several prior meetings. This contractor (Whayland) has worked with us on other bidded projects and has always been the lowest bidder, in fact the only bidder at times. “We did have a bid process which included another project [Southside firehouse], which has either been postponed or delayed. We will be working along with this contractor in what I have called a hybrid approach where our employees also work on the project, thus keeping costs down. We benchmarked the work to prior costs for similar projects,” Viola said. He told the Progress that in particular Director of Finance Steve Phillips benchmarked components of the approved tiki bar expansion with the original tiki bar erected about five years ago. “It came out cheaper,” he said. He also said that Public Works Director Eddie Wells had a second price on the racquet sports building from another “preferred vendor,” but that the decision was made to go with Whayland. Viola also said the “entire process” for these three projects “had oversight from two independent experts in the field, contractors Marvin Steen and Frank Brown.” u

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24 Ocean Pines PROGRESS January 2024 Whayland bids

From Page 23 Viola said his e-mail reply to the property owner who asked for clarification on the Whayland bids was well received by OPA directors who took the time to respond. “They understood,” he said. “We’re getting very good pricing for these three projects and at least two of them should be completed on an expedited schedule. We also know we’re going to get exemplary work

OPA FINANCES

from Whayland. They’re a preferred vendor for a reason.” OPA President Rick Farr told the Progress that a solid Board majority understands Viola’s approach and said it will result in desirable improvements to the community, at affordable cost and completed in timely fashion. Farr also said that contrary to conventional belief, nowhere in OPA governing documents is it required that the OPA obtain three competitive bids for capital expenditures.

“While that is what we normally do, in some cases a negotiated price is the better way to go about it,” he said. “This was one of those times.” He said that property owners should be very pleased that negotiations take place after bids are submitted, resulting in cost reductions. The tiki bar contract with Whayland is for $137,500, with initial bids coming in at $300,000. The lower price resulted from a determination that Public Works could do some of the work in-house.

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The OPA also will purchase $60,000 in materials for the project, including shutters and an awning, bringing the total estimated cost to $197,500. The Racquet Sports contract with Whayland is for $140,000, covering expanded bathrooms, storage space, and a private office for the racquet sports director. Voila said he anticipates these projects getting under way in January and being completed by May of next year. As for the new pavilion at the veterans memorial, the approved cost is $100,000, with the OPA and the Veteran’s Memorial Foundation splitting the cost 50-50.

No funds for firehouse in draft OPA budget

arlier in the year, both Ocean Pines President Rick Farr and General Manager Rick Farr said that a new southside fire station was a top priority for the OPA, and there was every indication that priority would be reflected in the draft OPA budget for 202425 that would be unveiled a few days before Christmas. Throughout the latter part of the year, a presentation on financial details by Viola was expected at subsequent Board of Directors meetings. The year ended with no presentation. As reported by the Progress in its December edition, the OPVFD indicated in a Nov, 13 letter to Farr that the department had abandoned plans for a new Southside firehouse, shifting to a renovation of the building using existing funds on hand, such as grants and savings, a possible bank loan, and a fund-raising campaign. The result of this shift in focus: There are no funds in the draft budget for 2024-25 related to the Southside firehouse. It was not certain there would have been any even if there had been no shift in focus, as the OPA was considering taking out a loan for its contribution to the project.

January 2024 Ocean Pines PROGRESS 25

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26 Ocean Pines PROGRESS January 2024

Draft budget calls for $3.854 million in capital spending Phase I golf course irrigation tops the list

By TOM STAUSS Publisher he proposed draft budget for 2024-25 unveiled by General Manager John Viola and Controller/Director of Finance Steve Phillips a few days before Christmas includes $3.854 million in capital expenditures, just under 21 percent of total spending called for in the proposed $18.567 million spending package. The $3.845 million in proposed spending includes $1.177 million to repair and replace bulkheads, about $350,000 to repair and resurface roads, and about $200,000 for drainage projects. That leaves about $1.527 million in itemized capital spending that appears on page 64 of the proposed budget. The largest expenditure on the 2025-25 capital summary is phase one of golf course irrigation improvements, at $850,000. It’s already been approved, with the Board of Directors giving its blessing to the project during its Dec. 16 monthly meeting. Source of funding is the Ocean Pines Association’s replacement reserve. Not yet approved but on a fast track for approval next year are four electronic signs to be placed

in existing marquees, with an estimated total cost of $84,000. The first

of five electronic signs has already been approved, the result of Board

Proposed Capital Summary * Fiscal Year 2024-24

* Does not include drainage, road or bulkhead spending

1,595

OPA FINANCES

action during its Dec. 16 meeting. The Community Center is scheduled under the DMA reserve study for a new heat pumps to replace the original units installed in 2009 when the building opened. The estimated cost is $58,213.86. The capital summary lists two new vehicles for the Ocean Pines Police Department, Ford Explorers with estimated price tags of $55,000 each. One vehicle to be replaced is a 2005 Ford Sport Trac that was actually scheduled for replacement several years ago according to the DMA study. The other vehicle to be replaced is a 2015 Explorer that has had lot of repair costs. Users of the Swim and Racquet Club pool’s splash pad have no doubt noticed that it has developed major cracking and chipping. The proposed capital budget has an estimated cost of $40,950 to repair this popular amenity. Another aquatics-related expenditure on the summary page is $25,000 repairs to the Sports Core pool deck, which has similar issues of cracking and chipping. A perennial capital expenditure, refurbishing of pool furniture, once again is budgeted, at an estimated cost of $30,000. Refurbishing extends the life of lounge chairs from five to seven years at half the cost of buying new. The cost includes pick-up, sand-blasting, power coating and re-strapping. Other aquatics-related expenditures on the summary including new sand filters at the Swim and Racquet Club, with an estimated cost of $15,000; a new inverter for the To Page 28

January 2024 Ocean Pines PROGRESS 27

28 Ocean Pines PROGRESS January 2024

OPA FINANCES

OPA records $137,000 positive operating fund variance in November

nancial performance. A third way is to compare cumulative results with the same month of the prior year. For the year through November, all ten amenities are in the black, and all but three, platform tennis, tennis and marinas, have earned cumulative positive variances to budget. As it has for the entire year, golf and golf maintenance operations continue to be the leader cumulatively among the amenities for the fiscal year, with a $622,662 net operating surplus u OCEAN PINES ASSOCIATION

Positive variance for the year reaches $714,000

By TOM STAUSS Publisher he Ocean Pines Association recorded a $136,843 operating fund variance in November, which in turn increased the cumulative year-to-date operating fund variance to $714,352. The results compared favorably to the $92,667 operating fund variance in October. According to the November financial report posted by Controller/Director of Finance Steve Phillips in mid-December, the November fund surplus resulted from revenues over budget by $67,895 and expenses under budget by $68,948. The operating fund variance continued to increase because of the solid results for November. The cumulative positive fund variance resulted from revenues over budget by $693,773 and expenses under budget by $20,580. Of the ten amenities listed on the “net operating by department” schedule in Phillips’s report, only two, the Clubhouse Grille and beach parking, were in the black for the month. Compared to budget, the results were much better. Seven of the ten amenities recorded positive variances for the month. Actual results for a month and cumulatively for the fiscal year, as well as results compared to budget, are the primary ways to measure fi-

Capital summary From Page 26 Swim and Racquet pool pump room, estimated at $3,500; a new handicap chair for a pool not specified on the

NET OPERATING BY DEPARTMENT

NOVEMBER 2023 OPA Net Operating Results by Department - November 2023 MONTH ACTUAL

MONTH BUDGET

$ VARIANCE

YTD ACTUAL

YTD BUDGET

$ VARIANCE

YTD LAST YEAR

YTD BUDGET LAST YEAR

GENERAL ADMIN MANAGER'S OFFICE FINANCE PUBLIC RELATIONS

(3,013) (25,079) (66,960) (23,653)

(436) (29,238) (66,897) (19,908)

(2,577) 4,159 (63) (3,745)

5,809,674 (201,627) (470,676) (152,123)

5,774,643 (215,735) (508,471) (164,609)

35,031 14,109 37,794 12,486

5,893,370 (170,867) (458,076) (157,983)

5,903,959 (173,564) (475,751) (167,433)

COMPLIANCE / PERMITS GENERAL MAINT PUBLIC WORKS

(8,729) (50,841) (105,135)

(946) (53,528) (148,930)

(7,784) 2,687 43,795

(44,753) (451,935) (794,202)

(4,488) (409,273) (1,009,679)

(40,265) (42,662) 215,476

(54,203) (369,071) (830,976)

(30,492) (433,668) (955,290)

FIRE / EMS POLICE

(84,076) (111,840)

(84,076) (159,359)

0 47,520

(588,535) (415,967)

(588,535) (603,298)

0 187,331

(620,681) (570,796)

(620,681) (642,427)

RECREATION / PARKS TENNIS PICKLEBALL PLATFORM TENNIS

(39,937) (9,137) (1,401) (3,100)

(46,237) (3,961) (2,847) (2,468)

6,300 (5,176) 1,446 (632)

(229,025) (23,291) 74,275 (4,505)

(255,309) 1,751 65,058 876

26,284 (25,041) 9,217 (5,380)

(226,875) 1,697 64,234 3,434

(286,422) 372 48,106 (7,886)

AQUATICS

(28,024)

(40,415)

12,391

172,942

136,389

36,553

257,985

109,659

GOLF OPS + MAINT CLUBHOUSE GRILLE

(32,136) 5,377

(55,980) (5,025)

23,843 10,402

622,662 120,874

489,346 81,946

133,317 38,928

517,020 63,012

318,875 62,807

BEACH CLUB BEACH PARKING

(4,876) 10,440

(3,386) 10,549

(1,490) (109)

233,837 484,950

174,354 435,051

59,483 49,899

230,926 476,235

143,286 453,017

YACHT CLUB MARINAS

(45,571) (8,643)

(50,358) (9,729)

4,788 1,086

404,749 215,722

387,669 261,008

17,080 (45,286)

424,693 253,234

323,012 218,988

(636,334)

(773,177)

136,843

4,763,047

4,048,695

714,352

4,726,313

3,788,469

NET OPERATING

Source: OPA Department of Finance

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is proposing a driving range shelter remodel at an estimated cost of $20,000. It would add usable office and storage space to the shelter and make it “more suitable for poor weather (winter),” according to a spec sheet, which would then allow bad weather and winter season instruction “to increase lesson revenues.” The project includes two small concrete pads and some framing/ carpentry to be completed by Public Works by April 30. Golf maintenance would also be well funded in the capital budget. New equipment recommended by Superintendent Justin Harshorne includes a new DS-300 sprayer ($39,561), a John Deere Triplex Mower ($55,208), two Textron utility vehicles ($42,012 each), a club Car Carryall Turf cart ($10,515), and bunker renovation at an estimated cost of $20,533.

Fencing between pickleball courts 1-4 and 5-8 at the Racquet Center is budgeted at $10,000. Two food and beverage venues managed by the Matt Ortt Companies for the OPA would be upgraded with new kitchen equipment. At the Clubhouse Grille, old and broken equipment include a refrigeration unit, shelving and racks, pitchers and serving utensils would be replaced, at an estimated cost of $5,884. At the Yacht Club, kitchen equipment including a juicer, eight range burners and an ice machine would be replaced at an estimated cost of $25,302. Benches throughout the Ocean Pines park systems would be replaced at an estimated cost of $7,229, as would sections and steps of the mobile stage in White Horse Park used for various outdoor events. The cost for stage improvements is an estimated $15,996.

OPA FINANCES through November. That’s ahead of budget by $133,317, and well ahead of the $517,020 surplus recorded through November of last year. For the month, golf was in the red by $32,136, but that was $23,843 ahead of budget. Beach parking, closed for the season, remains the second top-performing amenity for the year, with a net of $484,950, ahead of budget by $49,899 and better than the $476,236 recorded through November of last year. For the month, despite not being operational, beach parking recorded a $10,440 surplus, just under budget by $109. The Yacht Club has the next highest cumulative operating surplus for the year, $404,749 through November, ahead of budget by $17,080. The 2023 November cumulative net was $424,693, so the Yacht Club this year so far is about $20,000 off the prior year’s pace. For the month of November, the Yacht Club lost $45,571, but that was ahead of budget by $4,788. Fourth in the list of best performers for the year so far is the Beach Club food and beverage operation, closed since the Labor Day weekend. Its in the black for the year by $233,837, ahead of budget by $59,483, and modestly ahead of the November 2023 cumulative net of $230,926. For November, the Beach Club was $4,876 in the red and under budget by an insignificant $1,490. Marina operations, also closed for the season, recorded a $215,722 operating surplus through the end of November, behind budget by $45,286 and just slightly off the November 2023 net of $218,988. For the month, marinas were in the red by $8,643 but ahead of budget by $1,806. Aquatics follows in the list, in the black by $172,942 through November and ahead of budget by $36,553. That compares favorably to the November 2023 net of $257,985. For the month of November, Aquatics was $28,024 in the red, but that was ahead of budget by $12,391. The Clubhouse Grille, benefiting from the continuing robust performance of the golf course, recorded a 120,874 operating surplus for the year through November, ahead of budget by $38,928 and better than the November 2023 net of $62,807. All three racquet sports in combination continued to do well for the year so far, led by pickleball, with a $74,275 net through November, ahead of budget by $9,217 and well ahead of the November 2023 pace of $48,106. For the month, pickleball lost $1,401 but that was ahead of budget by $1,146. Platform tennis through November was in the red by $4,505, under budget by $5,380 but an improvement over the November 2023 net of a negative $7,886. For November, platform tennis lost $3,100 and underperformed relative to budget by $632. Tennis, the only amenity in the red for the year (-$23,291), is under budget through November by $25,041.

January 2024 Ocean Pines PROGRESS

MOC budgeting conservatively at food and beverage operations OPVFD contribution requests remains roughly the same By TOM STAUSS Publisher he Budget and Finance Advisory Committee jump started the 2024-25 budget review process at its Dec. 19 monthly meeting, The committee reviewed budgets for the three amenity operations managed for the Ocean Pines Association by the Matt Ortt Companies. In addition, the committee reviewed the budget for the OPA’s annual contribution to the Ocean Pines Volunteer Fire Department. The budgets for the Yacht Club, the Beach Club and the Clubhouse Grille were conservative, with MOC projecting less revenue at all three than what is predicted for the current 2023-24 fiscal year ending this coming April 30. Even so, all three operations are projected to be well in the black, continuing the pattern that began the first year that MOC arrived in Ocean Pines. In the case of the Yacht Club, the draft budget calls for a $160,000 operating surplus in 2024-25, $53,606 less than the $213,000 surplus projected for the current year. The budget was drafted before the OPA Board of Directors approved the expansion

of the Yacht Club tiki bar at its Dec. 16 meeting. Target date for completion is Memorial Day weekend. General Manager John Viola said during the committee meeting that he expects “some sort of adjustment” to projected Yacht Club beverage revenues resulting from the decision to expand the tiki bar. It would be reflected in the Yacht Club budget before its expected adoption in February. Matt Ortt, managing partner of MOC, said the budget was drafted before the fate of the tiki bar expansion was known and what the timing would be for its opening. Viola said there’s always an element of risk in projecting the Yacht Club and the other food and beverage operations, with one or two inclement weekends capable of upending hoped-for surpluses. Unsaid was the fact that if weather cooperates throughout the summer, actual results will out-perform conservative budgets, mutually benefiting MOC and the OPA. “My goal is always to get as close to the budget as possible,” Viola said. Ortt told the committee that a key element to operating the Yacht Club and the u

This compares unfavorably to the year-overyear net of $1,697. For the month, tennis lost $9,137 and underperformed its budget by $5,176. Even so, pickleball’s operating surplus through November more than offsets the losses in the companion racquet sports. Reserve summary -- The Nov. 30 reserve summary shows a total balance of $8,866,815, a slight decline from the October balance of $8.992 million. This compares to the September balance

of $9.13 million, the August balance of $9.164 million, the July 31 total of $9.298 million, $9.9 million in June and $9.66 million in May. The replacement reserve balance on Nov. 30 was $6.241 million, with bulkheads and waterways at $1.036 million, roads at $1.098 million, drainage at $378,912, and new capital at $112,935. Balance sheet -- The Nov. 30 balance sheets shows total assets of $42.118 million, down from $43 million at the end of October but ahead of the $41.339 million in assets on Nov. 30 of last year.

RESERVE SUMMARY

PERIOD ENDED 11/30/2023 OPA Reserve Summary - Nov. 30 2023 UNAUDITED REPLACEMENT

BULKHEADS WATERWAYS

ROADS

DRAINAGE

NEW CAPITAL

TOTAL

BALANCE APRIL 30, 2023

5,153,975

523,188

715,176

184,688

114,084

6,691,111

TRANSFERS FROM OPERATING FUND: CONTRIBUTIONS FROM ASSESSMENTS

1,775,152

1,053,850

2,829,002

TRANSFER FROM PRIOR YEARS' SURPLUS INTEREST INCOME (EXPENSE)

100,000

30,000

130,000

232,681

44,973

38,733

13,346

4,949

334,682

350,000

100,000

(5,803)

(19,122)

(36,097)

(586,160) (981,821)

1,098,107

378,912

112,935

8,866,815

RESTRICTED CONTRIBUTIONS: TRANSFER OF CASINO FUNDS TRANSFERS TO OPERATING FUND: OPERATING EXPENSES CAPITAL ADDITIONS

(920,798)

BALANCE NOVEMBER 30, 2023

6,241,009

Source: Ocean Pines Association Finance Department

(586,160)

1,035,852

450,000

30 Ocean Pines PROGRESS January 2024

BUSINESS

Chamber undergoes another name change Organization will now be known as the Worcester County Chamber of Commerce in Ocean Pines By ROTA L. KNOTT Contributing Writer he newly renamed Worcester County Chamber of Commerce in Ocean Pines was the subject of two supportive Public Comments during the Board of Directors Dec. 16 meeting. In early December the former Ocean Pines Chamber of Commerce confirmed its name change to Worcester County Chamber of Commerce, which did not go over well with Ocean Pines County Commissioner Chip Bertino and Ocean Pines President Rick Farr, both of whom expressed the view that the announced change was a mistake. They argued that a Chamber based in Ocean Pines should have Ocean Pines in its name. One suggested alternate was Greater Ocean Pines Chamber of Commerce, which has a local precedent in nearby Ocean City. But the local Chamber Board of Directors appended the initial change with the additional words ‘in Ocean Pines.” The organization will now be officially as Worcester County Chamber of Commerce in Ocean Pines. Two Pines residents who spoke on the subject during the Board were supportive of the name change. “I don’t believe that a name change is going to negatively impact anyone in Ocean Pines,” resident Patti Stevens said. She touted the Chamber as a key partner in efforts to improve pedestrian and bicycle access in and around Ocean Pines and indicated the organization has conducted outreach to the business community and its members about the need for an expended trail network. Stevens said she has worked with many other community organizations and government entities and the local Chamber is unique in its efforts to serve both Ocean Pines and the larger Worcester County community. She said the Ocean Pines-based Chamber is the one that serves as a bridge to other Chambers in Worcester and neighboring counties. “They have performed a great support for this community. Not surprisingly Ocean Pines is the place where businesses as far as Salisbury, Crisfield, Pocomoke, want to do business because we have a robust residential and business community,” Stevens said. She said the Chamber isn’t just focused on its neighborhood but looks for opportunities to develop businesses, bring in and make referrals to businesses that are needed in the community, and make referrals to businesses throughout the county. Stevens said it is a valuable organization that supports a number of

MOC, OPVFD budgets From Page 29 other two venues is to be more efficient, which he defined as having better performing staff on hand, cutting positions when possible but not cutting salaries for those who provide the services. At the Beach Club, MOC is projecting a $170,171 operating surplus for 2024-25, compared to the $242,575 surplus projected for the current fiscal year. That’s a drop of $72,404, with a substantial portion of that resulting from conservative revenue projections. The same holds true at the Clubhouse Grille, where MOC is projecting a $75,640 operating surplus next year, off this year’s projection of a $95,842

surplus by $20,202. The OPVFD’s proposed budget calls for $1,011,345 in OPA contributions to the department in 2024-25, compared to this year’s budgeted contributution of $1,008,917, an increase of only $2,428. The requested contribution breaks out to $706,918 in operating funds and $280,427 towards the OPVFD’s capital reserve fund. There’s another $24,000 in an employee incentive program, the same amount budgeted this year. OPVFD leaders Dave Van Gasbeck, outgoing OPVFD president, and Steve Grunewalk, outgoing fire chief, corrected statements made during the November meeting about a planned $50,000 ex-

community events as well. Stevens said the new moniker, Worcester County Chamber of Commerce in Ocean Pines, reflects its broader reach and vision but also “where they will still sit,” in Ocean Pines. The Chamber’s office remains at 11047 Racetrack Rd, behind ERA Martin Real Estate. OPA member Don Boger, a member of the Chamber’s Board of Directors, said during Public Comments that the group voted just a day earlier to make the name change to Worcester County Chamber of Commerce in Ocean Pines. “We heard what people had to say [about the original change] and understand the need to keep Ocean Pines in the name,” he said, adding “Our chamber of commerce is the best chamber of commerce around.” Boger said the intention of the name change was never to leave Ocean Pines but rather to expand the Chamber’s name to match its reach in the county. He said it work will still be concentrated in Ocean Pines but it will also continue to work outside of the community on economic development issues. Farr did not comment on the name change during the OPA Board meeting, but later told the Progress he was still “disappointed” in the Chamber’s amended name change but that it was an improvement on the one that omitted Ocean Pines entirely. He confirmed that the OPA had been considering dropping its membership and co-sponsorship of Chamber-organized events, but said that is no longer as likely as it had been. General Manager John Viola told the Progress that membership in the Chamber and co-sponsorship of events would be discussed as part of the 2024-25 OPA budget process. Boger, owner of the local Home Instead franchise, also used his time during Public Comments to thank the Ocean Pines community for its generosity for Home Instead’s annual Be a Santa to a Senior holiday program. Home Instead provides non-medical care to seniors in their home and during the holidays collects gifts of items like blankets and socks for they seniors it serves. “Things that we take for granted,” he said. Home Instead sets up Be a Santa to a Senior trees with gift tags that people can select and purchase the corresponding items for their senior at locations throughout Worcester, Wicomico and Somerset counu

penditure to replace an engine in one of the OPVFD’s aging pumpers. It turns out that a relatively simple engine swap doesn’t meet specifications by the county and agencies that regulate the age and safety of fire apparatus. Instead, the OPVFD will have to replace the pumper because it has reached its operating shelf life. Cost of the new pumper is $859,000, which under the memorandum of understanding that governs the OPA/OPFVD financial relationship will be split 50-50. Delivery of the new pumper is expected in the 2025-26 fiscal year. According to the OPVFD, the department’s equipment reserve should be $1.2 million at the end of this fiscal year, with interest rev-

enue likely to increase that somewhat. The projected reserve balance at the end of the 2024-25 fiscal year would be $1.7 million. The department’s draft budget includes $2.740 million in income, including $566,900 in ambulance service billing, $300,000 in county fire grants, $780,443 in EMS grants, and another $32,000 in state and restricted grants. Interest and other income is projected at $50,000, a $190,667 revenue increase over what’s anticipated for the current fiscal year. On the expense side, salaries would see a year-over-year increase of almost $101,708. Total expenses year-over-year would increase by $269,192 over what was approved for 2023-24.

BUSINESS

January 2024 Ocean Pines PROGRESS 31

Chamber of Commerce From Page 30 ties. People buy the items, provide them to Home Instead, and the company delivers them to the Seniors. Boger said year after year the tree in the Ocean Pines Community Center is the most popular tree. “Ocean Pines crushes it,” he said, adding that this year more than 920 gifts are being provided to seniors and about 200 of those are coming from Ocean Pines. “We appreciate the support that we get from Ocean Pines.” In another comment offered during the Public Comments segment of the meeting, OPA member Karen Kaplan, president of the Ocean Pines spec tennis and platform tennis club, presented a trio of concerns related to the racquet sports programs during the Public Comments section of the agenda. First, she lobbied for a two-sport reduced price membership for people who want to play more than one racquet sport at the club. She said there have been 30 new platform tennis members joining and also many drop in players from pickle and tennis. “It’s very popular and people want to try it,” she said, adding that players have asked about a two-sport discounted membership. Currently there is there are single and discounted three-sport membership available, but not two-sport memberships, she said. Kaplan requested the OPA consider adopting two-sport memberships as recommended by the Racquet Sports Advisory Committee’s annual report. “I believe that this would attract more players to sign up for multiple sports,” she said, adding it will also contribute to the overall racquet center revenue and promote cross sport socialization. She said the additional membership option will also increase customer satisfaction and benefit the association in accordance with the annual amenity use and marketing plan to support membership enrollments as outlined in Board Resolution M-02. Next on Kaplan’s list of comments was the need for a recycling plan at the racquet center, where there is currently none. When there are hundreds of people using the racquet center during the season, there are also many bottles being thrown into the trash instead of recycled. “I believe that this is a matter of social responsibility, that we need as a community to plan for this to happen.” The final item on Kaplan’s mind was screening of the racquet center from the Public Works yard. She said there is quite a bit of discussion about the beautification of Ocean Pines, but the view from the racquet center is of equipment, debris, and piles of materials. She said it is “not nice to have new people visit and see that.” Also during Public Comments, resident Cindy Hoffman thanked Ocean Pines Police Chief Tim Robinson for conducting speed monitoring on Clubhouse Drive. “It really did help with slowing traffic down,” she said. However, she added that now that the police presence is gone traffic is picking up again.

Harrison Group Hotels honored with ConventionSouth’s awards

he publishers of ConventionSouth, the national multimedia resource for planning events in the South, has presented its 2023 Readers Choice Awards to Harrison Group Hotels in Ocean City, including the DoubleTree by Hilton Ocean City Oceanfront, Hilton Oceanfront Suites, and Holiday Inn Ocean City. ConventionSouth Associate Publisher Tiffany Burtnett said this “prestigious recognition comes from the United States’ top meeting professionals who hold events in the South. These planners demand the highest level of customer service and quality facilities, and they have determined that these Harrison Group Hotels indeed display the commitment to professionalism, creativity, and service that they require.” These Harrison Group hotels are among 446 convention and visitor bureaus (CVBs), meeting facilities, hotels, and unique venues located across the South to receive this year’s Readers’ Choice Award. The nominated sites are then compiled onto an online ballot where meeting professionals and fans are asked to vote for the best of the best. With over 8,000 voters participating in the selection process and the highest social media interaction to

date, this has been the most successful and engaging year yet! This is the fourth time that the Hilton Oceanfront Suites and the Holiday Inn Ocean City, and the second time the DoubleTree by Hilton Ocean City Oceanfront received the award. The hotels were featured as an award recipient in the December 2023 Awards Issue of ConventionSouth magazine. “As meeting and planning experts we take great pride in our products and teams. It is our mission to exceed our customers’ expectations, bringing professional and local experiences to every event we touch” said Harrison Group’s Corporate Director of Sales Sara Simon. “From small retreats and board meetings, receptions and large parties, to conferences and conventions we are elated to bring your vision to life, uniting people through hospitality while offering a stunning backdrop of the beautiful beaches our resort portfolio provides.” The Harrison Group is a third generation family business that has been owned and operated in Ocean City since 1951. It has grown into a premier hospitality company that owns and operates a portfolio of oceanfront destination hotels and restaurants in Ocean City, Virginia Beach, Corolla, N.C., and Jacksonville, Fl.

Choptank Electric reduces rates

hoptank Electric Cooperative’s Board of Directors voted on Nov. 15 to adopt rate changes that took effect Dec. 1. Although distribution rates are increasing, the cost of purchasing electricity from Choptank Electric’s generation supplier, Old Dominion Electric Cooperative, is decreasing at the same time. Chotank is Ocean Pines’ electricity provider, and Ocean Pines homeowners are members of the cooperative. Choptank is passing the full reduction on to members by lowering the Power Cost Adjustment (PCA) line on the monthly bill. For most rate classes, the cost savings in electric supply will offset the increase in distribution, resulting in a small decrease in the monthly bill. Choptank in a press release said it has worked diligently over the last five years to control expenses associated with the distribution of electricity to members.

“While expenses for inputs continued to increase, we were able to manage inventory supply and keep many inflationary tendencies at bay. But we have reached the point where we must incorporate expense realities and adjust distribution rates that have been unchanged since 2018,” the release said. Under the new rate structure, the customer charge of $11.75 is unchanged. The distribution rates increased to $.06351 per kilowatt hour from $.05375. The power cost adjustment decreased to $0.01650 per kilowatt hour from $.03159. The decrease of $5.33 per 1,000 per kilowatt hour is a 3.11 percent reduction in rates. For someone who uses 1000 per kilowatt hour at a monthly cost of $171.57, the new bill will be $166.24. Additional details for all rate classes can be found on the rates page of Choptank’s website at choptankelectric.coop/rates.

She asked the OPA to install signs reminding motorists that the speed limit is not 35 MPH. Resident David Tanner said an OPA proposal to use electronic access cards at the Beach Club is a “good move.” He suggested looking at a similar process for automating and “going cashless” at other amenities as well.

Resident Dutch Oovsteen said he changed his mind about the OPA’s plan to install electronic messaging signs to replace the old marquees throughout the community. He said now that he understands what they will look like and how they will function and he thinks the electronic signs are a good idea.

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Commissioners approve changes to Ocean Pines voting districts

By ROTA L. KNOTT Contributing Writer ue to population growth in Ocean Pines, Worcester County has shifted some North Gate resone-on-one complimentary, no obligation * idents into a different election district. The (0.00%) TAX-FREE 3.25 TAX-FREE* ase contact me at 410-208-1704 for a% oneoron one complimentary, consultation attend our seminar.no obligation, consultations or Worcester County Commissioners on Dec. 19 approved attend our seminar. Call for times, and location. Call for times, date anddates location emergency legislation and associated maps revising the Prince Georges Md (Name of MuniCnty Bond) election district boundaries. Carrie Dupuie, AAMS 98.500 Price: Dupuie, (00.00) Carrie AAMS® My picture Coupon: (00/00/00) 3.25 (Financial Advisor Name) While many of the revisions are in the south end of Financial Advisor Financial Advisor here Maturity Date: 07/15/2036 (00/00/00) the county, they do include some minor adjustments in (Approved Title) 215 North Main Street 07/15/2028 Callable Date: (00/00/00 N/A) 215 North Mainor Street the Ocean Pines District 5 and Northern District 6. The 100 Call Price: (000) Berlin, MD 21811 Berlin, Aaa /MD AAA 21811 Rating: (XXX/XXX) revised maps move 199 people in the north Ocean Pines (Address) Other:410-208-1704 (Obligor) from District 5 to District 6, including around Essex 410-208-1704 (City, ST 00000) Carrie.Dupuie@RaymondJames.com Court to White Cap Lane. (000-000-0000) I (Toll-Free: Carrie Dupuie, AAMS 800-000-0000) Raymond James(Financial Financial Services Inc.,Name) Member FINRA/SIPC With Ocean Pines seeing the highest number of new Advisor (Approved Title) James Financial Services Advisors, Inc. Investments advisory services offered Raymond Fax:through (000-000-0000) residents according to the 2020 U.S. Census, District 5 (Address) (E-mail needed to “lose” voters to District 6, the Northern Dis(City, STAddress) 00000) (000-000-0000) I (Toll-Free: 800-000-0000) (Website) trict that extends to the Delaware state line. District Fax: (000-000-0000) (E-mail Address) 5, the most populated in the county, is surrounded by (Website) District 6, which also already includes some of Ocean Pines and is the second most populated. Subject to availability and price change. Minimum purchases may apply. The yield is the lesser In the Ocean Pines District 5, the population grew of yield to maturity or yield to call. Interest is generally exempt from federal taxation and may also be free of state and local taxes for investors residing in the state and/or locality where by 8.8 percent to 8,179 people, and northern District 6 the bonds were issued. However, bonds may be subject to federal alternative tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gains tax treatment. Ratgrew by 7.6 percent to 8,083 people. Based on the overings by Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to 06/07/2018 buy, sell or hold the security and may be subject to review, revision, suspension, reduction or 00/00. all county-wide Census data, the ideal population per withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of principal and interest. No representation is made to any insurer’s ability to meet its availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call.district Interest is generallywould exempt be 7,515 people. financial commitments. Ratings and insurance do not remove risk since they do not guarantee al taxation and may alsothebemarket free ofvalue stateof and local taxes for investors residing in the state and/or locality where the bonds were issued. However, the bond. y be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capitalJennifer gains tax treatment. Keener, county director of development reSecurities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to buy, sell or hold the security and may be subject to review, (c) 2015 Raymond James Financial Services, Inc., member FINRA/SIPC 15-MFI-0113 ICD BS 8/15 view and permitting, reviewed the process her office foluspension, reduction or withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of principal and inter-

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lowed in completing and publicizing the proposal. She said the process started in the spring when she asked the commissioners whether to move forward with a redistricting and for permission to purchase software to assist in the process. Using that software, the county prepared five draft maps, shared the maps through the county’s website, and held a public hearing to gather input on the different redistricting proposals. The public comment period was left open for four weeks following the public hearing. During the fourweek public comment period, which closed on Nov 14, the county received 11 responses, two of which pertained to the maps, and nine pertained to the timing of the redistricting process, Keener said. Ultimately, the commissioners opted to move forward with the redistricting. Commissioner Eric Fiori made the motion for approval, with Commissioner Jim Bunting giving a second, and the vote carryed unanimously. The redistricting was prompted by population growth throughout the county, but the majority of the district changes occur in the southern end. Aside from Districts 5 and 6, the only other district to grow in population was Sinepuxent District 3, up 6.6 percent to 8,009 people. Districts 1, 2, 4, and 7 each lost population. District 1 in Pocomoke dropped by 3.9 percent to 7,224; District 2 in Berlin/Central by 4.2 percent to 7,197, Western District 4 down 7.1 percent to 6,981; and the Ocean City District 7 saw the largest shift of

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LIFESTYLES

January 2024 Ocean Pines PROGRESS 33 people will stop and tell us while we’re putting them up that they’re happy and they like it, and good job,” Howard continued. “That stuff is always nice to hear.” Once that was done, the crew immediately moved onto the next project. “The next thing we’re going to start is at the four-way stop [on Manklin Creek Road]. We’re going And Tony Howard appreciates the compliments that come his way to cut down a lot of that growth, clean it up, and put in new lighting By JOSH DAVIS because there’s not much on that Contributing Writer end,” he said. “We’re going to do riving around Ocean Pines, something a little better than what’s it’s hard to miss the handthere now.” iwork of Landscape SuperHoward said he and his team visor Tony Howard. His efforts inkeep getting assignments because clude revitalization of several major their work has been so well received entranceways, cleanup and caretakand because they have proven theming of the parks, and an innovative selves to be so dependable. “Whenaquatic planter. ever we do stuff they like, we get Originally from Pennsylvania, more work!” he said with a laugh. Howard spent two decades as a “They’ll say, ‘Oh that looks good! landscaper and ran a deli and pizLet’s do more.’ And we just get to zeria before moving to Maryland in work and do it.” 2016. Next spring, Howard hopes to In Ocean Pines, he was initially bring back the floating planter boxhired by the Ocean Pines Recrees at the North Gate. He said the ation and Parks Department, but planters benefit the pond and local later transferred to work for Public Public Works beautification team, left to right, Don Chalk, Mike Powell and Tony wildlife and provide an aesthetic Works Director Eddie Wells. pop to the landscape. “I saw there was an open position Howard. “That was put on hold after last over there, so I kept on bugging Ed“You’re out there and you’re freezing, and you might year because we didn’t have enough die,” Howard said with a laugh. complain a little bit while you’re doing it, but then you look help, but I’m probably going to try On an average day, Howard could and you see people writing all those nice comments, and it and put in new planters there, next be assigned anything from digging makes you feel pretty good.” season,” he said. “I came up with a holes and trimming bushes, to coordifferent design that should just dinating with a community group, TONY HOWARD look like an island out there within or spearheading any number of restoration projects assigned by Gener- means putting in palm trees during one at the Yacht Club and one at the a couple of years, once it grows out.” the summer, and pine trees during North Gate,” he said, adding addiHoward said the planters help al Manager John Viola. tional trees were also placed at the filter the water by pulling nutrients “We do all the landscaping and the holidays. “The newest thing we did at the South Gate and Cathell Road en- out of the pond through their roots. take care of all the grounds,” he said, “With the algae growing, and fewhich is no small feat in the larg- North Gate was pruning up all the tranceways. “We built the first few est residential community of 8,500 holly bushes and cleaning all that at Public Works, and then for the ces from the ducks and geese conup, and we planted mums and kale ones that are out on the lawns we taminating the water, this will help homes. Howard currently works with for the season,” he said. “You can see put poles up and built them there to clean some of that out,” he said. “And they create a habitat and a refa three-person crew that includes that along the fencing on both sides.” onsite.” His crew also helped restore the Howard’s team also hung-up new uge, providing structure and cover Mike Powell and Don Chalk. “We take care of all of Ocean iconic sails and signage at the Yacht holiday banners, along with roughly for small fish, tadpoles, frogs and Pines, including the Veterans Me- Club entrance, collaborated again 25,000 Christmas lights around the turtles.” The planters also help beautify morial grounds,” he said. “That in- with the Garden Club for Pintail community. “I think it turned out well,” he the landscape. cludes a couple thousand yards of Park plantings, and even pitched in with the Recreation and Parks De- said. “There’s an extra added bonus mulch, each and every year. A Facebook post about the hol- with the color, and they attract pol“During the mowing season, we partment’s annual Haunted House. Howard previously restored the iday displays reached more than linators and birds, so it’s its own litdo all the weed whacking in the morning and all the mowing during large “OP” sign at the North Gate 5,000 people, with 250 positive im- tle ecosystem and habitat,” Howard the afternoon, because the grass is and redid the islands all over the pressions and 50 comments – all said. Looking at other future projects, too wet in the morning,” he contin- Administration and Community universally complimentary. “It makes you feel a little better Howard also wants to build a retainued. “We also do the maintenance of Center parking lot. During the holiday season, How- when you see that,” he said. “You’re ing wall and raise the flowerbeds at the mowers ourselves, and we each have our own mowers and tools that ard and his crew were tasked with out there and you’re freezing, and the Yacht Club entrance on Mumdoubling down on previous light and you might complain a little bit while ford’s Landing Road. we keep track of.” ““We come up with new ideas all Howard’s recent beautification decoration displays. They started by you’re doing it, but then you look projects include a collaboration building seven large artificial trees and you see people writing all those the time, just driving around the nice comments, and it makes you community and looking at what’s with the Ocean Pines Garden Club that each have 2,500 lights. “We came up with the idea of feel pretty good. there,” he said. “It’s just a matter of to plant perennials and seasonal “Especially at the North Gate, finding the time.” greenery at the North Gate. That building the trees, and then we put

Beautifying Ocean Pines: For landscape supervisor and his team, it’s a labor of love

34 Ocean Pines PROGRESS January 2024

LIFESTYLES

Different name, same services to clients

Hamilton Physical Theradpy rebrands to Hamilton Hand to Shoulder

illy and Jenn Hamilton, owners of Hamilton Physical Therapy PA, have announced that are re-branding from Hamilton Physical Therapy PA to Hamilton Hand to Shoulder. They graduated from University of Maryland Eastern Shore with Doctor of Physical Therapy degrees in 2006. For the first few years they served the lower Eastern Shore communities in Pocomoke, Salisbury and Ocean Pines. In 2012 Jenn became a certified hand therapist. Billy got his certification a year later in 2013. Hand therapy is the art and science of rehabilitation of the upper limb which includes the hand, wrist, forearm, elbow, and shoulder girdle. A certified hand therapist (CHT) is a physical or occupational therapist who has at least three years of clinical experience in the field, at least 4000 hours of patient care in the upper limb, and has passed a rigorous test of advanced clinical skills and theory in rehabilitation of the upper extremity. In 2019, Billy and Jenn opened Hamilton Physical Therapy PA at the South Gate of Ocean Pines. In 2021, they added a second location in Salisbury. In their years of practicing as certified hand therapists, Billy and Jenn realized that many still didn’t understand what their specialty meant. “It still gives people the impression that we only specialize in the hand,” Billy said. “With the CHT specialty being indicative of the entire upper limb, we decided to spell that out in our new name, Hamilton Hand to Shoulder!” Day-to-operations have not changed with the name change. Dani Hines continues as practice manager in Ocean Pines, with care provided by Billy Hamilton Jr,, DPT/CHT; Lynn Martin, PTA; and Erin Smith, DPT. In Salisbury, the patient care coordinator is Debbie Yeadt, with care provided by Jenn Hamilton, DPT/CHT; Nick Burak, PTA; and Erin Smith, DPT. The care team in each location will continue to offer the same treatment options they always have, such as joint replacements, falls preven-

Billy and Jenn Hamilton

tion, low back pain or neck pain, or any other orthopedic or neurological conditions, in addition to the specialized treatment of the upper extremity.

Staffers honored

The Ocean Pines Association on Dec. 21 honored five employees for their combined 70 years of service. The brief recognition ceremony occurred during the annual staff holiday party at the Ocean Pines Yacht Club. General Manager John Viola said recognizing staff is one of his favorite parts of the job. “Ocean Pines is saying thank you, I certainly am saying thank you, and I know all the Department heads are very appreciative of the work that you do,” he said. “Everybody has done a really good job, and we are having a good year because of what you do for the team, day in and day out.” Those honored were (left to right) Steve Phillips, controller and director of finance, five years; and Public Works employees Kenneth “Butch” Kennedy, 20 years; Kevin Goldberg, 30 years; Ventrel Moore, five years; and Jonathan Brown, ten years.

Anglers of the year

The Atlantic Coast Sportfishing Association recently presented the 2023 Angler of the Year awards for both Ocean and Bay at the annual year end banquet. Shown left to right are John McFalls, Secretary of ACSA; Brian Reynolds, 2023 ocean angler of the Year; and Shaun Flaherty, 2023 bay angler of the year.

January 2024 Ocean Pines PROGRESS 35 Keeping up with those activities requires the help of many volunteers, which Landis said can sometimes be an issue. He said the local Kiwanis previously had as many as 135 members, but now there are just over 50. “If we lose people that moved or passed away, we might replace them with new people, so our numbers have been fairly steady. But finding good volunteers has been a probClub looking for new members; meetings held each Wednesday in Ocean Pines lem for groups all over the Eastern Shore,” he said. By JOSH DAVIS Landis encouraged anyone who Contributing Writer might be interested in joining the or decades, the Kiwanis Club club to stop by one of the regular of Greater Ocean Pines / Ocean meetings. City have made its mark “We’re generally pretty quiet through volunteer work and charifrom January through March, so it’s table giving. a great time to stop by, learn about Globally, Kiwanis is a dedicatthe club and see if you’re interested ed service organization of men and in getting involved,” he said. women who share the challenge of For those interested in pitchcommunity and world improvement. ing in, Landis said the rewards are Formed in 1915, the nonprofit group great. boasts more than 7,000 adult clubs “It’s a lot of satisfaction, and it’s and 8,300 youth clubs in 85 nations a good feeling of having done some and geographic areas, with over good in this community,” he said. 600,000 active members. “And I’m really proud to say that Locally, the Kiwanis have been this community is very supportive of active since 1980. The nonprofit us. We couldn’t do what we do withsponsors five youth leadership proout them. We can offer raffle tickets, grams throughout Worcester Counmake pancakes and hotdogs, and ty Schools and engages in fundraisbring our cars out to collect donaing activities that generate roughly $40,000 each year for local programs At the club’s Dec. 13 meeting, Public Works staffer Norbert Violante (left)was rec- tions, but it’s up to the community ognized for the help he provides to the club throughout the year. He sets up the to respond – and they always do.” and people in need. Community Center for club meetings, and helps with tables and chairs at outdoor Landis said an Ocean Pines womOn any given day, Kiwanis memKiwanis events like the car show and concerts in the park. Kiwanis Club President an came by during the coat and toy bers can be seen collecting clothing Bob Wolfing, right, presented the award. drives and stopped for a few mindonations for local shelters, cooking utes to talk. Her husband recently breakfast for Ocean Pines Recre“To me, it’s all about service, and the main thing that passed away and she wanted to doation and Parks events, or raising interested me from the start was helping kids.” nate some of his things, and she also money for scholarships. DAVID LANDIS brought a cash donation. David Landis, the area marketing “She said, ‘I really love what your and media chairperson, first became opmental Center, Worcester Youth basic needs for Worcester County club does,’ and I told her, if you’re and Family Counseling Services, residents living with low-incomes. involved in the Kiwanis in 2004. Kiwanis also pitched in during the looking for something to do, why He previously worked in mar- Big Brothers Big Sisters of Ameriketing and sales in the Baltimore, ca, and the Maryland Coastal Bays Recreation and Park Department’s don’t you come by after the New annual “Breakfast with the Grinch” Year to one of our meetings?” Landis Washington, D.C. and Philadelphia Program. Guests help educate club mem- event on Dec. 2, cooking pancakes, said. “I’ll tell anyone, come and see areas and moved to Ocean Pines what we’re all about, and there’s no bers on local programs that benefit scrambled eggs and sausages. upon his retirement in 2003. “We all love to volunteer for com- obligation,” he continued. “Give it a “To me, it’s all about service, and the community, and their organizathe main thing that interested me tions generally become the benefi- munity stuff. It’s just fun,” Landis chance and see if it’s for you. “We’ve been around for 43 years from the start was helping kids,” ciaries of Kiwanis charitable giving. said, adding that he’s been mixClub members are actively in- ing pancakes for the Kiwanis since and hopefully we’ll be around a lot he said. “We have advisors that go to all these different school clubs, volved in community fundraising 2004. “They put me on it right away, longer,” he continued. “But its going and they go to their meetings, help and engagement throughout the and they complimented me the first to take membership to keep us alive them to see how we do community year, but Landis said the Kiwanis time I ever did it that it never ran and we would really appreciate people just checking us out and seeing if service, and try to give them exam- are especially active during the hol- out.” Throughout the year, there are it’s a fit for them.” ples so that they’re ready for some- iday season. The Kiwanis Club meets in the In November, Kiwanis member- also regular clothing and canned thing like that when they get older. And we can do that all the way from ship collected more than 300 coats good drives, blood drives, and con- Ocean Pines Community Center on 235 Ocean Parkway every Wedneselementary school up through high for local charities during a five-week cessions for countless events. donation drive at the Ocean Pines Kiwanis members cook hamburg- day at 8 a.m., doors open at 7:30 a.m. school.” ers and hotdogs during events like Coffee and donuts are available. Education is also a part of regular Community Center. Members pay $3 toward food, and A related toy drive helped gath- Bay Day, and the weekly Concerts in Kiwanis Club meetings. Landis said they often have guest speakers and er three SUV loads for Worcester the Park series each summer, with a 50/50 raffle is available for an adrepresentatives from groups includ- G.O.L.D., a nonprofit that provides proceeds going toward scholarships ditional $3. Attendance is free for prospective new members. ing the Worcester County Devel- emergency financial assistance and and other charitable endeavors.

LIFESTYLES

Kiwanis Club wraps up holiday season with coat and toy drives

36 Ocean Pines PROGRESS January 2024

OPINION

COMMENTARY

Close call on golf course referendum

hile reasonable people can disagree, it’s not particularly surprising that the Board of Directors have decided not to conduct a referendum on the first phase of a multi-phase irrigation project that is costing the Ocean Pines Association $934,000. It’s the right decision, at least so far. The directors during their Dec. 16 monthly meeting approved with little discussion a $934,000 irrigation contract with Irrigation Services of Haymarket, Va., that covers pump station improvements and system installation on several holes. The first phase is scheduled to begin in November of next year. In opting not to go with a referendum, OPA President Rick Farr said the Board is relying on legal advice from general counsel Bruce Bright, who no doubt took notice that the contract is less than the $1 million referendum threshold in the OPA by-laws. The OPA membership adopted the $1 million capital spending threshold after a petition drive and referendum a few years ago, the petition drive led by former Director Slobodan Trendic. Farr noted that while additional irrigation phases are contemplated, which would push the total cost of the project well beyond $1 million, the first phase includes improvements to the aging pumping station that serves the golf course, with components prone to failure. “We shouldn’t have to go to referendum for replacement of aging (pump station) components,” he said, echoing the view of OPA General Manager John Viola. The logic behind not going to referendum is that future phases, while likely to be pursued in 2025 and beyond, are not locked in. Future Boards

can finance them or not; action by the current Board does not bind future Boards to any particular course of action. The last time the OPA did a phased golf course project, maybe 15 years ago or so during the Dan Stachurski era, the OPA rebuilt nine of the 18 holes and the driving range to improve drainage, over a number of years, before ending the project after dealing with the most egregious areas of concern. For instance, the renovation of hole 12 had as much to do with improving drainage in the back yards of homes in the nearby Innerlinks as it did to re-contouring the 12th fairway. The current project, replacing the antiquated irrigation system, is not an attempt to redo the previous drainage improvements. There was no referendum approving the overall cost of the phased golf course drainage project, although there were grumblings at the time that there should have been. No one was incensed at that time to the degree that an effort to petition the Board for a referendum was launched. And that was during an era when the golf course was a perennial money-loser, requiring substantial annual operating subsidies financed by lot assessments. Suffice it to say that golf operations were controversial in those days, with a lot of resentment directed at the need to offset losses with assessment-financed subsidies. There even was talk of selling the course as a way of relieving non-golfers of the cost of supporting an amenity they didn’t use. Fast forward to 2023 and 2024, and how things have changed. The golf course has metamorphosed into a cash cow for the OPA, pro-

A nice Christmas gift from Viola

merry shout-out to General Manager John Viola and Controller/Director of Finance Steve Phillips for their excellent first draft of the 2024-25 Ocean Pines Association budget, posted on the OPA Website just before Christmas. Quite the present, gift-wrapped for those who, in other venues of daily life, are feeling the effects of runaway inflation. While it’s always subject to tweaks, the so-called “preliminary draft budget” this year will probably survive the sort of massaging that in past years would have doomed its projected reduction in the base lot assessment of $36. That’s because it represents a promise kept, a giveback of a very large surplus accumulated for the benefit of OPA members in the prior fiscal year. The explanation for this delayed but much appreciate gift is that until operating fund surpluses are officially realized, their not available to be returned to members in the form of lower assessment. These surpluses aren’t realized until they’re given the good housekeeping seal of approval by the OPA’s auditors just in time for the annual audit of the association in August.

In any event, Viola has done what he said he would do a year ago during the budget review process for the current year. While a new base assessment of $850 seems like it probably will survive the coming budget review, it will be interesting to see how proposed increases in some amenity fees will fare. The “draft preliminary budget” targets those fees for services that are in high demand, such as marina boat slips, beach parking passes, pickleball and morning play on the Ocean Pines golf course. Exempt from proposed membership fees increases are aquatics, tennis, and platform tennis -- and afternoon golf memberships are actually proposed for a reduction. The apparent subtext is that it might be desirable to relieve some of the pressure for morning tee times by making afternoon play somewhat more appealing financially. In any event, the budget document unveiled by Viola and team is very well thought out, worthy of support by OPA policy-makers. Who doesn’t like a decrease in assessments? Hardly anyone. ~ Tom Stauss

ducing operating surpluses that only five years ago would have been unheard of and contemplated only by those with fevered imaginations. To be sure, these operating surpluses aren’t quite enough to cover the cost of golf course-related depreciation, which is a real cost that every OPA member in good standing finances through the base lot assessment. But the fact that golf operations are now the top-producing amenity in Ocean Pines is remarkable. For the current fiscal year through November, golf had a $622,662 positive net surplus, ahead of budget by $133,317, and well ahead of the $517,020 surplus recorded through November of last year. For the month, golf was in the red by $32,136, but that was $23,843 ahead of budget. In contrast, the next best performing amenity thus far in the fiscal year is beach parking, a perennial cash cow that through November had generated a $485,000 surplus for the OPA. The year-end results for golf will no doubt descend from that lofty level, probably below that of beach parking, but with golf performing so well in recent years, the directors are certainly rational in thinking that most OPA members will not insist on a referendum to replace the OPA’s aging irrigation system. Previous investments in the golf course and a new golf clubhouse have paid off in a well-regarded operation, and it’s very possible that a large majority of OPA members will see the u

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

OPINION wisdom of continuing to make improvements in the course that will help ensure that the course remains a popular golf destination for members and the paying public alike. Even so, by-laws are important governing documents in Ocean Pines, and the Board of Directors is obligated to adhere to them. Had the approved phase one bid exceeded $1 million, there should be little debate that the Board could have approved the contract only after conducting a referendum of OPA members in good standing. As for future phases of replacing irrigation equipment on the golf course, future Boards will of course need to take into account whether bids come in north or south of $1 million. But if, say, a year from now Viola proposes a second phase costing less than $1 million, then the directors, after paying attention to legal advice, should be able to avoid the cost and delay of a referendum. Here’s a caveat to that: Should an organic, organized opposition emerge to conducting OPA affairs in this manner emerge, then the Board should take that into account. If and when a critical mass of opposition is reached, the Board then can heed the views of these vocal members, preferably without forcing opponents to gather petition signatures. During the Public Comments segment of the Dec. 16 monthly meeting, there was only one OPA member who advised the Board to “do the right thing” and conduct a referendum on the totality of a multiyear golf course irrigation project. No doubt there are others who agree with this notion of what the right thing is, but are they so convinced of the rightness of their viewpoint that they will take their grievances to the Board? Absent any cohesive, organic and organized opposition that shows up in future Board meetings to complain, or floods info@oceanpines and director inboxes, the Board can presume that there is widespread acquiescence in, or indifference to, the decision not to conduct a referendum. What’s a critical mass of opposition? Difficult to know in advance, but directors will know it when they see it, if they see it, and then can adjust their decisions accordingly. Until then, there’s no shame in taking a path of least resistance. ~ Tom Stauss

January 2024 Ocean Pines PROGRESS 37

OPA benefits immensely from Whayland ties

here has been some static of late on local social about the fact that the Whayland Company of Laurel, De., was awarded three contracts for capital projects in Ocean Pines, without the standard practice of obtaining three competititve bids. That, at least, was one interpretation possible by a quick glance at the bid sheets included as part of the meeting materials for the Dec. 16 Board of Directors meeting. Whayland was the only contractor listed for the contracts, one for the expansion of the Yacht Club tiki bar, another for the renovation and expansion of the Racquet Sports Clubhouse, and a third for a new gazebo at the Veterans Memorial Park in Ocean Pines. The unaware and misinformed might have leapt to the conclusion that Whayland, which has had a long and productive working relationship with the Ocean Pines Association, was given a sweetheart, sole source contract for each of these projects, with an apparent financial disadvantage to the OPA. Appearances can be misleading. It turns out the OPA did consult with other contractors in the course of arriving at the numbers for these projects. Here’s the way General Manager John Viola explained it,

LIFE IN THE PINES

An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community By TOM STAUSS/Publisher as reported elsewhere in this edition of the Progress. During the Dec. 16 meeting, “I did discuss the process. I have also discussed it in several prior meetings. This contractor (Whayland) has worked with us on other bidded projects and has always been the lowest bidder, in fact the only bidder at times. “We did have a bid process which included another project [Southside firehouse], which has either been postponed or delayed. We will be working along with this contractor in what I have called a hybrid approach where our employees also work on the project, thus keeping costs down. We benchmarked the work to prior costs for similar projects,” Viola said. He told the Progress that in particular Director of Finance Steve Phillips benchmarked components of the approved tiki bar expansion with the original tiki bar erected about five years ago. “It came out cheaper,” he said. He also said that Public Works Director Eddie Wells had a second

price on the racquet sports building from another “preferred vendor,” but that the decision was made to go with Whayland. Viola also said the “entire process” for these three projects “had oversight from two independent experts in the field, contractors Marvin Steen and Frank Brown.” It also should be said there isn’t anything particularly sacred about obtaining three competitive bids. Desirable, sure, but not always possible. There is nothing anywhere in the OPA governing documents -- Articles of Incorporation, restrictive covenants, by-laws or Board resolution -- that require them. Even when multiple bids are obtained, the Board is not obligated to accept the lowest bid. What is equally if not more important than cost is demonstrated competence in delivering capital projects on time and on budget. Whayland has done this, countless times in the past, and no doubt will do so again. The OPA benefits immensely from a relationship that delivers an excellent end result and low cost.

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January 2024 Ocean Pines PROGRESS 39

CAPTAIN’S COVE

CURRENTS

Captain’s Corridor ownership decision reaffirmed Judge rules once again that Cove association has no authority to deny access to townhome project

By TOM STAUSS Publisher udge Revell Lewis III in a bench ruling after an hour and half hearing in Accomack County Circuit Court Dec. 12 reaffirmed an earlier decision declaring that the Captain’s Cove property owners association does not own Captain’s Corridor adjacent to a

planned townhome project, located at the east entrance into Captain’s Cove at State Line Road. The ownership issue is one of the key areas of dispute in a lawsuit filed last year by officers of the Concerned Citizens of Captain’s Cove (CCCC) against the Cove association, formally known as Captain’s Cove Golf and Yacht Club, and CCG

Note, the Cove’s declarant/developer. The plaintiffs, led by CCCC President Teresa Birckhead, have been seeking a court determination that the Cove association owns the entire length of Captain’s Corridor and has the right to deny access to the townhome project from Captain’s Corridor.

Judge Lewis back on Oct. 2 ruled from the bench that the portion of Captain’s Corridor in dispute is developer-owned, and authorized the attorney for the prevailing side to draft a written order to that effect. The plaintiff’s attorney, Douglas Kahle of Virginia Beach, objected to the language of the written order, asked the judge to reject it, and then asked for a new hearing on the issue, which the judge granted and set for Dec. 12. Kahle argued that the judge’s earlier ruling was erroneous and that there is evidence that shows that Captain’s Corridor is part of Captain’s Cove and therefore owned by the Cove association. To Page 41

Homeschoolers visit OPVFD

A group of home schoolers from Captain’s Cove visited the Ocean Pines Volunteer Fire Department’s Southside firehouse in mid-December. Firemen and EMTs on hand demonstrated equipment and apparatus during the visit, which was arranged by Cove Program Manager FlynnKleinfeller.

40 Ocean Pines PROGRESS January 2024

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CAPTAIN’S COVE CURRENTS Captain’s Corridor

From Page 39 Judge Lewis disagreed, and told the litigants that his original order would stand. The plaintiffs have 30 days to file an appeal with Virginia’s Court of Appeals once the judge signs the order. It’s not clear when the 30-day window opens. The Cove Currents was unable to obtain a copy of the order as of Dec. 31. Since Judge Lewis officially retired on that date, presumably he would have signed it before leaving. In the Oct. 2 hearing, Judge Lewis ruled from the bench that the Captain’s Cove association does not own roughly 1,200 feet of Captain’s Corridor that abuts the planned townhome project. He said the road is owned to the center line of Captain’s Corridor by the adjoining property owners. In this case, it’s the owners of the planned townhome project on the Hastings/Mariner parcel and the adjacent part Section 14, most likely owned by Cove developer CCG Note. He determined that CCGYC lacks the authority to restrict use of the road only to Captain’s Cove property owners and residents, thereby preventing access by future residents of the townhome project from Captain’s Corridor. More specifically, he said that the ownership “is subject to the right of ingress and egress by persons who had been using it [Captain’s Corridor]” previously. That would seem to suggest that in the judge’s opinion it’s open to the general public as well as Captain’s Cove residents who have been using it since the 1970s. Finally, Judge Revell determined the Hastings/ Mariner owners have a right-of-way over Captain’s Corridor. Kahle has consistently argued that Captain’s Corridor is a private street, citing language in the restrictive covenants for Section 14 that state “each of the streets in the Section or Subdivisions designated on the plats is a private street.” The plaintiffs argue that Captain’s Corridor is a street on every sectional plat in Captain’s Cove. In addition, they say that land records show that the Hastings/Mariner parcel is bounded to the north by State Line Road and to the east, west and south by lands once owned by First Charter Corporation, the Cove’s original developer, and is “not bounded by Captain’s Corridor.” Also cited is the fact that Captain’s Corridor has been maintained by CCGYC for at least 15 years and that Captain’s Corridor shows up as a road within Captain’s Cove on a marketing map posted on the CCGYC Web site. That First Charter didn’t formally deed Captain’s Corridor over to CCGYC when Route 741 [that became Captain’s Corridor] was abandoned as a public state road in 1973 was a “derogation of its equitable duty” to have done so, the lawyers say in a footnote. The plaintiffs also make a procedural argument, contending that the judge’s earlier findings fall “outside the scope of the defendants’ demurrer claim” that the plaintiffs had failed to produce evidence that CCGYC owns Captain’s Corridor. That’s a somewhat murky assertion related to when certain documents are filed, with the plain-

January 2024 Ocean Pines PROGRESS 41 tiffs arguing that the defendants had improperly filed a support brief “months after” its demurrer claim. Citing appellate court decisions, the plaintiffs argue that “to the extent that his Court may be inclined to treat defendant’s brief as a demurrer that can be relied upon, it is barred from doing so” by higher court rulings. The plaintiffs then contend “it would be improper at this procedural point to draft any ruling related to its [Oct. 2] findings.” Instead, they said these earlier findings should be overruled “because the plaintiffs have met their burden under the February order to produce evidence upon which they rely in support of assertions regarding ownership and restrictions.” Mark Baumgartner, the CCG Note attorney, has argued that a basic flaw in the plaintiffs’ argument is that they failed to produce a deed prov-

ing ownership of Captain’s Corrridor. “No such deed exists, and therefore plaintiffs do not have any legally sufficient evidence to support their claim that Captain’s Corridor is owned by the Assocviation and subject to the terms and conditions of the Declaraton. They nevertheless continue to press on with their baseless claim ... needlessly extending the litigation, wasting judicial resources, and increasing the parties’ legal expenses,” he wrote in one of his briefs. Judge Lewis did not rule on a request by Baumgartner for an award of attorneys fees and costs ... “for having to continue to defense against plaintiff’s unrelenting pursuit of its baseless claims regarding Captain’s Corridor.” The issue of attorney’s fees did not arise during the Dec. 12 hearing, but it remains as an issue that the defendants could revisit later in the ongoing litigation.

Judge rejects summary judgment in loan dispute Orders four-day trial in June

By TOM STAUSS Publisher udge Revell Lewis III in a Dec. 12 hearing in Accomack County Circuit Court ruled against both sides in a dispute over whether Cove developer/declarant CCG Note owes the Captain’s Cove Golf and Yacht Club $50,000 per year for a loan mentioned in the 2012 settlement agreement. Plaintiffs in the case are the seven officers of the Concerned Citizens of Captain’s Cove advocacy group, led by CCCC President Teresa Birckhead. Defendants are CCGYC, the Captain’s Cove property owners association, and CCG Note. Both sides were seeking summary judgments in the dispute, but Judge Lewis reminded attorneys that he had previously indicated that the issue should go to a formal trial. He rejected both requests for summary judgment, setting a trial date to begin on June 11 and concluding no later than June 14, up to four possible trial days. The intent of the plaintiffs is to obtain a court order that would require CCG Note to service the loan mentioned in the 2012 settlement agreement, but which the defendants assert was never executed by the Cove association Board of Directors at the time. Short of a court order requiring CCG Note to write a check to the Cove association covering annual payments of $50,000, another possible outcome would be a court order requiring the association to sue CCG Note to recover the disputed annual payments. CCG Note is seeking an outcome in which it is absolved of any responsibility for repaying a loan that it contends does not exist. Two other issues in the contentious litiga-

tion have already been addressed by the Court, one of them involving Aqua Virginia, the Cove’s water and wastewater treatment utility. Judge Lewis determined that a 2016 sale of about ten acres in Section 14 to Aqua Virginia by the Cove POA had been authorized by the State Corporation Commission. He accepted a motion by Aqua Virginia attorney John Byrum to dismiss the complaint by the seven Birckhead plaintiffs seeking to enjoin future use of that acreage by Aqua to construct what are called rapid infiltration basins, or RIBs, on grounds that the Circuit Court lacked subject jurisdiction over the issue. That action effectively removed Aqua as a defendant in the case, an outcome to which the plaintiffs didn’t object. Aqua was removed as a defendant in the case, and this dispute is no longer an issue. The other issue already addressed by the court concerns ownership of Captain’s Corridor and whether the Cove association can deny access to a planned townhome development from Captain’s Corridor. Judge Lewis has ruled and then reaffirmed that Captain’s Corridor in the vicinity of the planned townhome project is developer-owned, and that the Cove association has no control over ingress and egress to Captain’s Corridor in that area. This decision could be appealed by the Birckhead litigants once Judge Lewis issues a formal written version of his ruling. There are four other issues that remain in the CCCC litigation, which may or may not be wrapped into the June trial dates. The other four issues include: • whether CCG Note should have installed To Page 43

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CAPTAIN’S COVE CURRENTS Loan dispute

From Page 41 or could be ordered to install bulkheads on two lots it owns on Starboard Street. • whether CCG Note is authorized in governing documents to convey lots to the Greenbackville Fire Department for possible use as a future site as an emergency medical satellite facility or firehouse. • whether a developer, Stonewall Capital, hasn’t been paying assessments on lots sold to it by CCG Note, and whether this was a benefit to CCG Note. • whether Seaview Street has to be built by CCG Note or is the responsibility of the Cove POA to complete. Currently it’s on a priority list that a working group on roads has established. Plaintiffs interpret Article 2, Paragraph 2 of the Articles of Incorporation as requiring the developer, not the Cove POA, to build out roads, with the association having the responsibility for maintaining them once built. The applicable language in the Articles of Incorporation says that the Cove POA has the responsibility “to repair, maintain, rebuild and/ or beautify all streets and their rights of way.” There is similar language in the restrictive covenants, often called the Declaration, but the plaintiffs and defendants interpret the language differently. The plaintiffs contend that the language says that the association is responsibility for maintenance only. The defendants cite the long history of the Cove POA building roads in Captain’s Cove once the original developer vacated Captain’s Cove and argue that the plaintiffs live along roads built by the association and want to deny others the same opportunity. According to Hearn in a recent email to the Cove Currents, Cal Burns, Captain’s Cove original developer/declarant, “deeded all road right of ways to CCGYC several decades ago. “These included the roads in Sections 14-18. When he did so, there was no further requirement that the Declarant construct roads. “The Declarations have always required CCGYC to maintain and improve streets (even when it did not own them),” Hearn said. This deeding of the rights-of-way is akin to an easement, rather than a conveyance of ownership.

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Hearn loses adverse possession case in Circuit Court

Judge orders subdivsion of lot Hearn owns to accommodate neighbor’s shed, grinder pump By TOM STAUSS Publisher ormer Captain’s Cove association President and Board of Directors member Tim Hearn was dealt a defeat in Accomack County Circuit Court in a dispute over a Captain’s Corridor lot that he owns but that the adjacent lot owner had improved with a shed and a buried grinder pump. He is contemplating an appeal. The issue involves a provision of Virginia property law called adverse possession, which allows for a non-owner to acquire land from the actual owner if the non-owner uses or inhabits it for at

least 15 years. An on-line explanation by a Virginia-based law firm not involved in the Captain’s Cove litigation, Tate Bywater, said that “adverse possession was developed as a law not to disavow people of property they own, but to protect people squatting on pieces of property that were not being used by the owner. “If a landowner is neglecting a piece of their land and someone else comes along, improves it, and lives on it for a number of years, property law states that person has the right to remain on that piece of property and they can’t be just kicked off of the property if it would cause them

hardship. This law was actually developed in early Britain as a way to mediate an issue where a landowner has neglected their property for a time, while another person has come along and made that piece of land useful and valuable.” The case, decided by Circuit Court Judge William Revell Lewis Tim Hearn III, involves lot 403 on Captain’s Corridor. Backing to the Captain’s Cove golf course, it has been owned by Hearn for less than 15 years. He had been considering building a home on the lot, but he’s abandoned that idea since Judge Lewis has awarded title to a small section of it to the neighboring Troutman family, which owns adjacent lots 404 and 405, also on Captain’s Corridor. Representing the Troutmans, who were suing for adverse possession of lot 403, was Douglas Kahle, the same Virginia Beach attorney representing the plaintiffs in the unrelated Birckhead litigation involving ownership of Captain’s Corriu

CAPTAIN’S COVE CURRENTS Adverse possession

From Page 44 dor and other assorted issues. After about an hour and half of witness testimony, the judge agreed with Kahle that the Troutmans had had possession of a section of Hearn’s lot for 15 or more years. Rather than cede ownership of the entire lot 403 to the Troutmans, he ordered the subdivision of the lot according to a set of boundaries, essentially carving out the shed and grinder pump area from the rest of the lot. As is customary in civil litigation, the prevailing attorney draws up a formal written order that is shared with the losing side and then is signed by the presiding judge. Hearn, who did not testify on his own behalf during the hearing, said he is contemplating several options, all awaiting receipt of the written version of the judge’s ruling. “I need to know the new boundaries are of Lot 403 to determine whether it is still buildable,” he said. “I also want to review the writ-

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ten order to be prepared by Kahle to make sure it’s an accurate reflection of the judge’s verbal ruling.” After that review, Hearn said he will decide whether there will be a basis for an appeal. Acknowledging that the 15-year period for adverse possession is the law in Virginia, and the Troutman’s shed has been on Lot 403 for 15 or more years, Hearn said it’s also clear that the grinder pump installed on the lot has been there for much less than 15 years. “That portion of the judge’s ruling seems like it could be subject to an appeal with a reasonable chance of prevailing,” Hearn said, but whether it would be worth the time and expense to do so “is yet to be determined.” Even if it turns out that the remaining portion of Lot 403 that he owns offers a good option for building a new home, Hearn said he doesn’t think he would want to live in a home with the Troutmans as neighbors. “I’ve been told that the adjoining property is operated as a kind of

boarding house, and I don’t think I’d like to live next to that,” he said. An option would be to take advantage of the Cove association’s lot swap program, in which a property owner can trade a lot considered unbuildable for an association-owned lot that is buildable. Whether Lot 403 would qualify under that program’s parameters is not clear, but the association could favorably consider a swap request for Lot 403 because it would result in another dues-paying lot. Hearn says he found himself in court after acquiring the lot in the fall of 2023 as a favor to a friend. “This friend no longer wanted to have to deal with all the drama that

being the Troutman’s neighbor entailed,” Hearn said. “The Troutmans were offered the opportunity to just leave their shed and grinder pump where it is, but they decided that wasn’t good enough, so they found a lawyer who was more than happy to take their money to file an [adverse possession] suit. “I don’t think they have been advised as to what this recent decision by Judge Lewis actually will mean for them, as legal decisions of this type provide outcomes which are not obvious to those who are just interested in the shortcut,” he said. He did not eleborate on that somewhat cryptic reference to future outcomes.

Upcoming meeting dates

The Board of Directors will hold a monthly meeting on Monday, Jan. 22, at 4 p.m. in the Marina Club, live and remotely by Zoom. The Property Management Team will conduct a meeting on Monday, Jan. 29, in the Marina Club, live and remotely by Zoom. Board meetings are also scheduled for Feb. 26, March 25, April 29 and May 28.

Happy New Year

From Your Hometown Service Team

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46 Ocean Pines PROGRESS January 2024

Guthridge responds to questions regarding access to Member Forum by non-members of Cove association

Suggests that controlling who can enter site isn’t easy and says he’s encouraging the Property Management Team to keep it limited

he Captain’s Cove Currents has obtained a copy of a post on the Cove association’s Website Member Forum by Board of Directors member George Guthridge regarding access to the site by those who are not members of the Captain’s Cove Golf and Yacht Club. There have been complaints by several association members about access to the forum by Currents publisher Tom Stauss, whose name does not

currently appear on a deed recorded in the land records of Accomack County as an owner of property in Captain’s Cove. “The forum exists for members in good standing,” Guthridge says in his post. “I am encouraging the PMT [Property Management Team] to work to keep the page limited to [association] members in good standing.” Referring to the existence of about 4,900 lots

CAPTAIN’S COVE CURRENTS in Captain’s Cove and thousands of association members, Guthridge said the task of monitoring access to the forum “can be complex and time-consuming. “Additionally, the sharing of access credentials is effectively impossible to prevent, as is the sharing of posts or extracts from a post. “ We need to recognize that information posted to the forum is in the public domain and has the potential to be published elsewhere,” he said. Guthridge also pointed out that “freedom of the press is constitutionally protected. I believe this extends to the press’ sources of information.” He also suggested that “it is possible ... to gain all the information [for articles] without having direct access to the forum.” Indeed, a copy of Guthridge’s post was sent to the Cove Currents by a Cove association member u

CAPTAIN’S COVE CURRENTS

January 2024 Ocean Pines PROGRESS 47

Cove association in the black for the year so far

Ahead of budget through November by $173,000

he Captain’s Cove property owners association recorded a second consecutive positive monthly financial statement in November. Two months into the 2023-24 fiscal year, Captain’s Cove Golf and Yacht Club is both in the black operationally and ahead of budget, the two commonly used metrics for measuring financial performance. For the month of November, the association had net income of $128,348.82,

on operating income of $567,211.07 and operating expense of $438,862.25. That was ahead of budget by $93,677.55. For the first two months of the fiscal year, October and November, the association earned net income of $285,802.77, resulting from operating income of $1,189,361.66 and expenses of $903,588.89. That was ahead of budget for the year by $172,950.73.

Happy Holidays from All of Us at Sandpiper Marine

Member Forum From Page 46 in good standing. In a statement responding to Guthridge’s post, Stauss said he appreciated Guthridge’s understanding of press freedom and said “it is common for Cove members to share copies of posts on the forum and other local social media. That can include screenshots of posts that the member feels should be more widely shared, as well as ‘copy and paste’ excerpts of comments on the forum.” He suggested that the concerns expressed by some members “perhaps can be mitigated by a unilateral decision not to quote directly from forum posts unless the individual has expressly authorized it. “The exception might be posts by Board members or the property management team, who can be assumed to want the widest possible dissemination of their comments to the Cove membership,” Stauss said. “As for rank-and-file members, some might prefer that their views remain in-house. “Although I tend to agree that any information posted to the forum is in the public domain, I see no reason we can’t go the extra mile to obtain explicit permission by the member to use their comments for publication. “If time is pressing, and it often is, a decision not to quote directly from member posts also can be unilaterally made,” he said. He once again invited those who disagree with or dislike content in the Cove Currents to send letters to the editor for publication. The Currents is also looking for a resident property owner to write feature articles about less controversial subjects in the Cove, that would highlight personalities and topics that “most everyone would agree put Captain’s Cove in the best possible light.” Anyone interested should contact Stauss at 443-359-7527 or stausstom@gmail.com

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48 Ocean Pines PROGRESS January 2024

Captain’s Cove concludes festive holiday season

37187 Buoy Court, Light Up the Cove first place winner.

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CAPTAIN’S COVE CURRENTS

he holiday season often brings members of a community together in a variety of joyful ways. This year, the residents of Captain’s Cove were busier than Santa’s Elves celebrating the season. The festivities started on Dec. 2 with a lighted Golf Cart Parade and Tree lighting. The Homeschool group came together to decorate a nautical-themed cart, but the Grinch took over this year’s parade. Several carts were decorated, honoring the envious green creature. Members Dave Gladysiewz and Rob McCarthy helped determine the winner, a member of the Kellison Group who submitted three carts, taking advantage of the option to decorate Cove golf carts Christmas at the Course continued with the 3rd Annual “Bad Santa” Golf Tournament. These “Naughty” golfers, led by Chuck Shinski and Jim Black, collected bins overflowing with toys and food items, all for locals in need. More than 80 additional children were sent home with gifts for Christmas morning, thanks to the participants of the u

January 2024 Ocean Pines PROGRESS 49

CAPTAIN’S COVE CURRENTS

Left, gingerbread house decorating contest favorite overall house, Elwood King. Above, favorite staff house, by Mark Majerus.

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CAPTAIN’S COVE CURRENTS

CAPTAIN’S COVE CURRENTS of many others. The Chorale perFestive holiday From Page 47 Angel Tree. The tree is set up yearly in the Marina Club and decorated with ornaments full of wishes from local kids. Katherine Sheppard and her team of elves distribute these gifts all throughout the county. Many Cove members got their “craft on” thanks to the Arts and Crafts League. The ACL hosted its second annual “Christmas 911,” which allows participants to create last-minute holiday gifts. Young members took advantage of a Youth Class, creating stuffed snowmen. The holiday spirit took the form of baked goods, thanks to a Cookie Decorating Class taught by Flamingo Road Cookie Company of Berlin, Md. Around 60 individuals gathered to learn the art. Other members (and staff) chose a more traditional route, participating in the first-ever Gingerbread Competition. This year, Gavin Zubko won first in the youth category for his Chocolate Chip Cookie House, Elwood King won for the overall house with a realistic looking lighthouse, and Captain’s Cove association President Mark Majerus won the staff contest, crafting a log cabin out of pretzel rods. Approximately 120 people came together for two nights of joyful music and caroling thanks to the Cove Chorale’s Christmas Program “Joy to the World.” Bonny Hughes directed this year’s program with the help

formed a selection of holiday songs, filling the room with beautiful harmonies and festive cheer. The British invaded the Cove XMAS Party, with The Fab 2,3,4 performing Beatles classics. Santa, with the help of Captain’s Cove Security, made a special visit, taking photos with boys and girls of all ages. The Potluck committee hosted one of the largest potlucks to date. Hundreds of residents brought dishes to share and celebrate the holiday season. With bellies full of delicious food, many residents drove around to admire and vote on the Christmas Light displays. For the second year in a row 37187 Buoy Court took first place, with 37362 Doubloon Drive coming

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The favorite youth gingerbread house was this creation by Gavin Zubko.

in second. As the year drew to an end, Captain’s Cove residents can look back

on a month filled with holiday spirit, community camaraderie, and generosity of heart.

Above, Bonnie Hughes directs the Cove Chorale Christmas program. Below, left to right, back row, are Chorale members Richard Springle, Dan Matthis, Ray DeLoe, Rob McCarthy. In front are Pat McMahon, Chrissy King, MaryJo DeLoe, and Judy Dibetta.

The Grinch and Santa, stars of the golf cart decorating parade.

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