June early july 2014 ocean pines progress by Ocean Pines Progress

June-Early July 2014

410-641-6029

Vol. 10, No.3

www.issuu.com/oceanpinesprogress Clarke discovers error in resolution governing amenities Whether the White Horse Park boat ramp is a public “general-use” amenity that imposes no fee for access is supposedly made clear in the M-02 Ocean Pines Association policy resolution adopted by the Board of Directors in September of 2011. Only it isn’t, Director Marty Clarke has discovered, because the M-02 resolution posted on the OPA Web site is in error, somehow missing the fact that the directors at the time had failed to pass a motion that would have included the boat ramp as a general use amenity exempt from fees. ~ Page 16

Directors consider aggressive stance on problem properties

It’s up to the Board of Directors to determine how much expense the Ocean Pines Association is willing to incur to clean up neglected or abandoned properties in the community, according to longtime OPA attorney Joe Moore. A decision on whether to authorize a more aggressive stance against these derelict properties could come as soon as the board’s regular monthly meeting in June. ~ Page 22

Voters will pick top candidates in commissioner races

THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY NEWS ANALYSIS

Five candidates competing for two OPA board seats

Stevens, Renaud team up in drive to prevail over incumbents Knepper and Mohr By TOM STAUSS Publisher he Ocean Pines Association’s political landscape is shaping up a classic match-up between incumbents versus challengers with five candidates in the race for two seats on the Board of Directors this summer. The salient issue on which the election will be waged is the relationship of the board of directors to General Manager Bob Thompson, with his recent salary increase to $165,000, plus incentives that could boost his compensation to more than $200,000 per year, serving as a related subplot. After the May filing deadline for this summer’s contes, seven Ocean Pines property owners had declared their intentions to run for the two unpaid, three-year terms on the board available this year. But that was whittled down to five by the first week of June, when can-

The challengers ...

Dave Stevens

Pat Renaud

Lawrence Lee

didates Slobodan Trendic and Dan Moul dropped out because of concerns the anti-incumbent vote would be diluted. [See Trendics’ statement of withdrawal in the Opinion section of this edition of the Progress.] Both candidates then threw their support to former OPA Director Dave Stevens and challenger Pat Renaud,

With six candidates vying for the Ocean Pines based seats on the Board of Commissioners, Worcester County is in the midst of one of the busiest and most contentious election seasons in more than a decade. Both of Ocean Pines districts, 5 and 6, have contested races in the June 24 primary election, with a handful of newcomers seeking to capture the seat being vacated by Judy Boggs and a former elected official seeking to unseat the man who booted her from office. ~ Page 37

Kyle Hughes photo

Jeff Knepper

Terri Mohr

who have the backing of two influential political groups, STOP (Stop Taxing Ocean Pines) and COPE (Coalition for Ocean Pines Equity), in their electoral bids. STOP has been a force in Ocean Pines politics off and on for many years, with OPA Director Marty Clarke identified To Page 21

New Yacht Club’s grand opening

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he grand opening of the new Yacht Club was celebrated with a ribbon-cutting and occasionally over-the-top speechifying late in the afternoon of June 10, a couple of weeks after a soft opening of the new, almost $5 million amenity on Memorial Day weekend. A crowd of hundreds showed up for the event, held on the new Yacht Club’s second floor with its grand view of the harbor and the Ocean City skyline in the distance. ~ Page 14

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4 Ocean Pines PROGRESS

June - Early July 2014

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Board votes to screen random propane tanks

Having received no response from the homeowners, the board of directors during a May 24 meeting authorized the Ocean Pines Association staff to enter onto a lot on Salty Way and install screening around four propane tanks, two that appear to be operational and two that have been disconnected and are sitting on the lot. OPA General Manager Bob Thompson said the declaration of restrictions specifies that propane tanks on private lots must be screened from view. The property owner is in violation of that regulation and has not complied with the OPA’s written requests for the installation of screening. Thompson said it appears, based on an OPA inspector’s photographs, that two tanks are still connected to the home and two have been disconnected and are sitting some distance away on the lot. Regardless of their location, he said the restrictions still apply, and all of the tanks are required to be screened from view. Director Marty Clarke made a motion to find the property owners in continuing violation of the declaration of restrictions and to authorize OPA staff to enter onto the property to screen the tanks next to the house and to determine the nature of the separate tanks, screening or removing them from the property. OPA Attorney Joe Moore said if the association contacts the propane company that owns the tanks it will likely come and retrieve them. “I can’t imagine that if you can determine who those tanks belong to they wouldn’t come get them,” he said.

Clarke’s motion also included initiating a claim in small claims court for the $1,400 in assessments due on the property plus the cost of screening the propane tanks.

OPA board gets a new secretary

With Terri Mohr seeking reelection to the board of directors in this summer’s annual election, Directors Jack Collins has stepped in to take over the secretary’s duties for the Ocean Pines Association. OPA President Tom Terry said the change was necessary because only the secretary can serve as the liaison to the association’s elections committee. However, with Mohr being a candidate in the election it is not possible for her to fulfill that duty. Director Bill Cordwell nominated Collins to serve as secretary. “I’d second that in a heartbeat,” Director Marty Clarke said. Collins responded to Clarke “You are a pain in the patoot.” He asked if the nomination was based on his qualifications or “because I’m the only one available.” The board unanimously approved his appointment as secretary.

OPA president makes committee appointments

President Tom Terry made appointments to several Ocean Pines Association committees during a May 24 meeting. Terry appointed Frederick “Rick” Jackson to the communications committee for a first term and Leslie Shippee to the tennis committee for a first term. He also reappointed Bob Abele and Judy Butler to the environment and natural assets committee for a second term and Don Flax for a first term.

OPA attorney takes on oversized trailer

It’s handy to have Attorney Joe Moore

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OCEAN PINES OCEAN PINES BRIEFS From Page 4 at the Ocean Pines Association board of directors meetings if for no other reason than he knows just about everybody. During a May 24 discussion of an oversized trailer that is being parked on a property on Sandyhook Road, Moore piped up and said the property owner is his client, Joe Hall, and that he would address this issue with him directly. He offered to contact Hall and asked to to have the trailer removed from the property immediately. OPA General Manager Bob Thompson had brought the issue of a trailer that exceeds the maximum permitted size of 4 by 16 feet before the board with a request that it vote to send it to the attorney for legal action. He said the owner had been sent a letter requiring the trailer to be removed but no action had yet been taken to correct the situation. Instead of taking legal action, Moore said he would just personally ask Hall to have the trailer removed. Moore said Hall took ownership of the property in lieu of foreclosure. Director Marty Clarke said the trailer only exceeds the maximum permitted length because three temporary boards have been inserted into it to provide support. If the boards are additional

June - Early July 2014 Ocean Pines PROGRESS removed, the trailer will be in conformance, he said. Clarke asked if Moore could also collect the assessments that are due on the property, and Moore agreed.

Boat Parade returns July 26

It’s been several years since the last one, but the Ocean Pines Boat Club is again sponsoring a boat parade for 2014. The parade will take place on July 26th at Pintail Park beginning at 2 p.m., with the rain date July 27. The theme is “fantasy.” Anyone interested in participating should email ocpines@boatclub.org to get further information. All entry forms must be received no later than June 30. After the boats assemble at 1:30 pm, the parade will start from Pintail Park at 2 pm. The judging of the boats will take place at the Grand Canal starting at 2:45 pm. Spectators are encouraged to bring lawn chairs and coolers. There will be games for the kids and adults to play, such as ring toss, horse races, bocci ball, hula hoop contest, chicken dance contest, and balloon toss. Prizes will be given to the winners. Crabby the Clown will make balloons and MDA Poster child will be there. The Kiwanis Club’s “Dog Team” will

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sell drinks and hot dogs and other food venders will be available for other food items to purchase. The Honor Guard from the American Legion of Ocean City will present the colors and will start the parade with the national anthem at 2 p.m.

OPA proceeding slowly with IT project

A project that will upgrade and link the computer systems at all of the Ocean Pines Association’s facilities is moving ahead slowly, with each department working behind the scenes to evaluate its hardware and software needs, according to General Manager Bob Thompson. During a May 24 meeting, Thompson told the board of directors that staff is studying the systems and software that each department currently uses and determining what they think they will need as part of an interconnected computer system. He said he will use that information to help develop a request for proposals for the entire design/build computer architecture project. Director Jack Collins asked if Thompson is consulting with anyone as he develops those specifications. Thompson said that he is not and added that the board indicated that he should seek input from residents who

have a computer background; he was “inundated with offers to help.” He has enlisted Director Jeff Knepper, who has a background in the computer industry, to help with the project. Knepper said the “danger in getting people involved” in designing the project is that they would not also be able to help build and support it. He said the best approach is to solicit a design/build request for proposals (RFP) and then select a contractor, who will evaluate the OPA’s needs, develop the system and build it, based on qualifications and past work. He said the design and construction cannot be bid separately for several reasons, including that companies will only want to bid on the total project. “That’s the path we’re on as opposed to finding the best qualified of an endless string of designers who will have nothing to do with building,” he said. Thompson said the OPA is starting to have multiple computer system failures with servers going down, necessitating a new computer system that will serve the OPA’s current and future needs. While there was no funding in the fiscal year 2014 budget for system improvement but by forgoing the purchase of another piece of equipment and the OPA will be able to shift the funding necessary to create a computer system. The work will take place over two years.

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OCEAN PINES

June - Early July 2014

Another Sandpiper contract deadline is missed By TOM STAUSS Publisher s a June 1 deadline came and went without the completion of a new contract allowing Sandpiper Energy to continue to provide propane and natural gas services to Ocean Pines through its underground pipeline system, the Ocean Pines Association and the utility company have agreed to another short-term extension of the existing contract to Sept. 1. OPA President Tom Terry in early June said this absolutely will be the last temporary extension, and that he believes that the two organizations will be able to come to terms before the next deadline. He said it’s taken some time for Sandpiper executives to realize that the OPA is not interested in simply extending the existing “right-of-way” contract, which Terry said the OPA regards as one-sided. Terry said that one key element of a new agreement is that the OPA is seeking an end to the “exclusive” right of Sandpiper Energy, as successor to the former Eastern Shore Gas Co., to provide propane and natural gas to Ocean Pines via underground pipelines. Indi-

Board approves another ‘temporary’ extension vidual homeowners in Ocean Pines have always had the right to obtain propane from Sandpiper competitors, and that won’t change in a new contract, so long as storage tanks are either underground or screened from view. But at least in theory, if the OPA prevails in the negotiations, Sandpiper’s competitors could decide to ask the OPA for rights-of-way to bury a new system of underground natural gas pipelines in Ocean Pines. Terry said the draft of the new agreement calls for a 20-year term in addition to the non-exclusivity provision. He said the OPA is seeking details on how Sandpiper intends to transition out of propane to natural gas in Ocean Pines, a roll-out that he said could begin as early as this fall. “We’ll probably agree to that (the 20year term),” Terry said. Terry signaled that in current negotiations, the OPA is no longer seeking a separate rate structure for propane and natural gas customers in Ocean Pines, concluding that Ocean Pines is covered by a so-called “blended” rate structure

attorney, Steven Smethurst, last year to represent the OPA in talks to extend the company’s existing contract to profor Worcester County approved last year vide propane and natural gas services in by the Maryland Public Service Com- Ocean Pines. mission. During discussion of the Sandpip“It (a separate Ocean Pines rate struc- er contract at General Manager Bob ture) is not part of the negotiations,” Ter- Thompson’s town meeting in October ry said. “We’re not fighting that battle” of last year, a number of details of what any longer, adding that when Sandpiper the OPA hopes to obtain in negotiations files another rate request with the PSC, emerged. the OPA could decide to revisit the issue Thompson told property owners who on behalf of Ocean Pines customers. assembled for the town meeting that Terry said that the OPA is still one objective the OPA hopes to achieve “talking about” the possibility of free is a commitment by Sandpiper to have a or lower cost natural gas for the Sports full-time company employee on staff in Core indoor swimming pool with Sand- Ocean Pines to handle issues with the piper. natural gas conversion, once it begins in But OPA Director Marty Clarke, a earnest. member of a three-member board neWhile Terry said that the latest word gotiating team (including Terry and Di- is a September launch in Ocean Pines, rector Jeff Knepper), said he’s unaware there’s no guarantee it will begin that of such discussions and that the draft early. agreement submitted to Sandpiper by “We don’t know their conversion the OPA did not include it. plans,” he said back in April, and the The existing contract has now been same is true today. There has been spectemporarily extended four times, the ulation that nearby Berlin might be latest the result of a decision made in targeted before Ocean Pines for natural executive session June 4. Back in mid- gas. Because of the blended rate strucApril, the board approved a temporary ture approved for Worcester County by extension of roughly a month and a half. the Maryland Public Service CommisChesapeake Energy Co. acquired as- sion, neither community would benefit sets of the former Eastern Shore Gas in lower rates from being first in the Co., in late May of last year. Following roll-out. That, at least, is the common the sale, a new Chesapeake subsidiary, explanation given for the blended rate Sandpiper Energy, emerged to manage structure. ESG’s former Worcester County assets, Smethurst had been asked to reincluding gas lines in Ocean Pines. search whether, despite the PSC’s apThe board of directors in late June of proval of a rate structure for Worcester last year voted to reaffirm the temporary County earlier this year, it might be extension of ESG’s contract that governs possible for the OPA to negotiate a rate the delivery of propane and natural gas structure for its residents that is lower in Ocean Pines by six months. than that approved by the PSC. That initial extension contract exOPA director Marty Clarke had said pired Nov. 13. that he believes that the PSC approved We have the best prices on A second temporary extension added rates represent a ceiling, and that Sandrepairs andtosales cars and another five and a half months that.of piper could be persuaded to offer Ocean It expired in mid-April. A third tempoPines residents lower rates. trucks. Only 10 minutes from rary extension lasted until around June Terry indicated that lower rates are Ocean Pines has on a113.not likely to result from the current ne1. The fourth temporary extension Sept. 1 expiration. gotiations, but Clarke said recently he’s The directors hired Salisbury-based still not ready to concede on that point.

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June - Early July 2014 Ocean Pines PROGRESS 7

OCEAN PINES

Marine Activities committee seeks increase in bulkhead height By TOM STAUSS Publisher rying to avoid ensnaring his group in a politically perilous discussion of global warming and its alleged impact on rising sea levels, Marine Activities Advisory Committee chair Frank Watkins told the Board of Directors in early June of another reason why the Ocean Pines Association should consider a gradual increase in the height of bulkheads throughout the community. Watkins, who attended the June 4 board work session to explain his committee’s proposal for higher bulkheads, said the sea level is gradually rising from tectonic shifting, which is resulting in the North American continent moving away from Europe at the rate of about six feet every ten years. He made it clear that his committee isn’t recommending an expensive, one-off replacement of bulkheading in response to a sea level rise. Instead, he said his committee believes that as the OPA resumes its program of gradual bulkhead replacement on an annual schedule, it should engineer new bulkheading so that its height is consistently three feet above mean high tide everywhere in Ocean Pines. In some instances, Watkins said, bulkheading is only one-and-a-half feet above the mean high tide level. That, he

said, is too low and risks major damage of homes and other property in Ocean Pines from storm surges. He said the committee has surveyed bulkheading throughout the community and has determined that there is a wide disparity in the height of bulkheading. For instance, owner-maintained bulkheading in Terns Landing, whose developer years ago negotiated a turnover agreement with the OPA that kept ownership and maintenance responsibility for that section’s bulkheading out of OPA’s hands, is actually higher than three feet above mean high tide. Depending on the height of bulkheading in any particular canal that is due for bulkhead replacement, Watkins said replacement bulkheading could be raised just a few inches or in some cases a foot or more, and in some instances could even be lowered. When she initially expressed confusion about the proposed standard, Watkins and others were able to convince Director Sharyn O’Hare that raising bulkheading to three feet above mean high tide did not mean his committee is suggesting that all Ocean Pines bulkheading should be raised three feet. Director Marty Clarke said that the OPA has never set a standard for bulkheading height and that establishing it would be a good idea. Director Bill

Cordwell agreed, saying that a standard height would be good for maintaining property values in Ocean Pines. Watkins acknowledged that in instances with very low bulkheads, some backfilling might be necessary to ensure proper installation of replacement bulkheading and that might result in “pushback” from affected property owners. Cordwell suggested another downside, the possible need to raise the waterfront property assessment differential to collect more money from water-

front property owners to pay for higher bulkhead construction costs. Clarke told the board that in addition to the MAAC, the OPA’s Environment and Natural Assets Advisory Committee is also in favor of raising bulkheading height in Ocean Pines. As it was a work session, the board took no vote on the committee’s recommendation. There was no indication when the matter would be considered by the board in the form of a motion or policy resolution, but it could happen soon.

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OCEAN PINES

June - Early July 2014

No remedy for noisy neighbors in OPA restrictions By ROTA L. KNOTT Contributing Writer Property owner Pat Hall stepped up to the microphone during the public comments section of the May 24 Ocean Pines Association’s board of directors meeting and clicked on a recording on her cell phone. The loud screech of a cir-

Attorney Moore says in most cases neighbors will have to fight it out in court cular saw emanated from it. Hall, an Avon Court resident, said she listens to that sound coming from a neighboring property at all hours of the

Ocean Pines Neighbors: A new board of Worcester County Commissioners will assume authority in January of 2015. Their experience and actions will have a profound impact on the life of citizens and the future of our county. Friends have encouraged me to seek the ofﬁce being vacated by Commissioner Judy Boggs. Among my core beliefs are that freedom is a gift of our creator and the most essential duty of government is protection of individual rights. I believe that local government should be limited to constitutional authority, committed to promoting free enterprise and dedicated to the defense of individual liberty. I am compelled by civic duty to serve as County Commissioner. I moved to Ocean Pines 23 years ago after serving 24 years on the Corporate Engineering Staff of the Bell Atlantic Telephone Company. Since retirement I’ve been an independent contractor and self-employed with real estate investments. I’ve been active for 40 years in community affairs and my biography and priorities can be viewed at GrantHelvey.com. Through observing County Commissioner meetings, scrutinizing the county budget, studying the County Development Plan and lobbying in defense of individual property rights, I have developed a keen understanding of the commissioner responsibilities. I want to bring the beneﬁt of corporate management experience and civic involvement to the new board. In asking for your trust, I vow to govern by the consent of the people. I will defend individual liberty and personal property rights against oppressive regulations and oppose non-essential spending or a tax increase. Yours Truly

day and night. She alleged that the resident is operating some type of business from the property that involves cleaning and cutting large quantities of lumber and wanted to know what the OPA can do about it. Hall said the offending neighbor’s back yard is cattycorner to hers. At any time of the day or night, she said she and other residents of the area are subjected to his sawing. “This is going on for hours, for days,” Hall told the board. “The only time it doesn’t go on is when it’s raining or cold.” Hall said the day before the board meeting the neighbor was outside power washing 12-foot long boards that were “all lined up on his deck.” By the morning of the meeting all of the boards had “disappeared.” Since the OPA does not have a noise ordinance, Hall wanted to know what can be done to stop the sounds that are disturbing her enjoyment of her own property. Director Jack Collins asked if there is any construction work occurring on the

subject property. Hall responded that there is not. Collins then queried her “to your best knowledge do you believe this individual is conducting a commercial enterprise?” She said she did. OPA President Tom Terry said Worcester County does have a noise ordinance but the OPA does not. He asked attorney Joe Moore “where is the line for us to get involved” versus the citizen filing a complaint about the noise violation. In this case if the noise is the result of an unapproved commercial use of the property, the OPA can seek an injunction from the courts requiring the resident to cease that business, Moore said. Home businesses are only permitted under strict regulations in place under the declaration of restrictions. However, he said, in general, noise is not something over which the OPA has any control. If, for example, someone plays music too loud, then it is up to their neighbor to file a complaint. “That’s her issue to take up with the neighbor and file suit on her own,” he said. Moore said the distinction is one of To Page 10

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Ocean Resort golf tournament

Wor-Wic Community College recently held its 13th annual golf tournament at the college’s Ocean Resorts Golf Club in Berlin. Proceeds from the tournament totaling $35,000 will be used to benefit the college’s on-campus child development center. Pictured are this year’s top team for low gross score, from left: Dennis Weller, Greg Bassett, J. “Cakes” Fletcher and John Littleton from the Eastern Shore Distributing team.

Noise complaints From Page 9 private nuisances versus public nuisances. He said one neighbor complaining about another neighbor making too much noise is a private nuisance, and it is up to them to resolve the issue in the courts if necessary. “The property owners themselves both legally and under the declaration of restrictions have a right to enforce their own enjoyment of the property,” he said, adding, “They file suit. They can ask for an injunction just like the association.” A public nuisance, however, is one on which the board can take action. Public nuisances generally include violations of the declaration of restrictions, like unkempt properties. The only way noise falls under that category is if it is related in some way to another restriction in place in Ocean Pines, such as home oc-

cupations. “If it rises up to a community problem the board can take action,” Moore said. Director Marty Clarke asked if the OPA has the authority to create a noise ordinance for Ocean Pines. Moore said that under the restrictive covenants, the OPA is entitled to resolve nuisances. He said if the board determines that noise problems are a community nuisance it can put regulations in place. He cautioned the board against regulations similar to those in place in the Town of Ocean City, which says that noise can’t emanate more than 50 feet from the owner’s property. He said most typical conversations are audible more than 50 feet away. “Ocean City’s is horrible,” Moore said, adding that the town doesn’t enforce the noise ordinance unless it receives complaints.

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vehicle issue has been in his office for five years. “If it came to us, we would have asked for an injunction,” he said. The attorney said the legal process for having a junk vehicle removed from a lot begins with referral to his office by the OPA board. If a letter from Moore’s office doesn’t prompt the property owner

By ROTA L. KNOTT Contributing Writer cean Pines Association inspectors have the right to enter onto private lots and check under the covers of parked vehicles to determine if they are functional cars or junk that should be removed, according to the OPA legal counsel. Attorney Joseph Moore during the May 24 Board of Directors meeting said inspectors in the OPA’s Department of Compliance, Permits and Inspections have the authority under the OPA’s declaration of restrictions to enter onto any lot within the community to verify whether or not a violation of the covenants exists. That includes investigating the status of covered vehicles, he said. Moore said that in his judgment as long as inspectors do not disturb anyone, are not intrusive and do not violate property rights, then they have the right to go on a property and to determine if a violation exists, including junk vehicle violations. Director Marty Clarke broached the issue of the proliferation of junk vehicles, saying “We have almost as many of those now as we have run down houses.” Clarke took particular issue with the long-standing practice of classifying vehicles as “junk” only if they do not display a valid license plate. He said there are numerous junk vehicles in the community that are tagged, and that doesn’t make them any less a nuisance. He said they are just “junk with a license plate.” He said under county law a tagged vehicle is not considered to be junk. But that is not the case under the OPA’s restrictive covenants, he asserted. “The tag has nothing to do with it,” he said, adding that there is no mention in the declaration of restrictions of vehicles being required to be tagged in Ocean Pines, but the documents do prohibit junk cars. Moore said he is familiar with the notion of vehicles being required under county law to have a valid license plate and be registered. But he added “Marty’s right. That has nothing to do with anything.” Clarke wanted to know “why can’t we hire a tow truck and yank that sucker to Timbuktu?” Right now it takes too long for the OPA to address the presence of junk vehicles on properties within the community, Clarke said. “It can’t take five years to get junk vehicles moved. The people around them are suffering.” Moore bristled at Clarke’s comment, asking if he was insinuating that a junk

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OCEAN PINES

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Junk cars From Page 11

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to address the violation, then the attorney will file for injunctive relief with the court system, he said. Moore said the court sides in the OPAâ&#x20AC;&#x2122;s favor and requires property owners to remove such junk vehicles. In cases where the vehicles have repeatedly reappeared, the courts have further allowed the OPA to tow those junk cars if the owners donâ&#x20AC;&#x2122;t remove them. Director Bill Cordwell also said â&#x20AC;&#x153;our big problem is these cars.â&#x20AC;? He said residents are just bringing in cars that they never drive or canâ&#x20AC;&#x2122;t drive and putting a cover on them to allow them to sit in driveways in the community. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;re turning into a garage down here,â&#x20AC;? he said. OPA President Tom Terry agreed, saying â&#x20AC;&#x153;the car issue is an issue.â&#x20AC;? He cited one instance of a vehicle with a missing wheel parked on a lot in the community. Terry said the issue is not just one of what the OPA is actually allowed to do, but enforceability as well. He said inspectors donâ&#x20AC;&#x2122;t know whatâ&#x20AC;&#x2122;s under the cover of cars that are draped with either snug car covers or tarps. â&#x20AC;&#x153;What legally can we do?â&#x20AC;? Terry asked. â&#x20AC;&#x153;The vehicle issue is becoming a bigger and bigger and bigger problemâ&#x20AC;Ś legally, how far can we go in investigating?â&#x20AC;? Moore said there is no prohibition against a person having a cover on a vehicle on their property. But he added there is a â&#x20AC;&#x153;prohibition of these awful looking vehicles.â&#x20AC;? He said in his opinion OPAâ&#x20AC;&#x2122;s inspectors can enter onto private lots and check to see the condition of a vehicle that is under cover. He said the OPA has the right to go on a property and determine if a violation exists, and that includes violations of the junk law restriction, according to Moore. â&#x20AC;&#x153;Yes, we can go on someoneâ&#x20AC;&#x2122;s property subject to the circuit court telling me Iâ&#x20AC;&#x2122;m wrong,â&#x20AC;? Moore said. OPA General Manager Bob Thompson said that over the years property

owners have issued complaints about inspectors â&#x20AC;&#x153;wandering aroundâ&#x20AC;? on their lots. Therefore, they do not currently enter onto a lot unless they receive a direct complaint about a violation or a violation is clearly visible as they pass by on the street. â&#x20AC;&#x153;I need board guidance to tell the folks what weâ&#x20AC;&#x2122;re going to do in the future,â&#x20AC;? Thompson said. The board didnâ&#x20AC;&#x2122;t take any action on the issue, such as directing inspectors to peek under the covers of cars, at the meeting. But in a June 4 work session in which the issue was revisited, the clear consensus of the directors seemed to favor allowing CPI to remove covers over vehicles to determine their condition. During the May 24 meeting, several residents also complained about junk vehicles located at homes on their streets in Ocean Pines. One resident said two junk cars have been under cover on Battersea for at least seven years. Another location on the same street has at least four junk vehicles, he said. Yet he has been told by inspectors that they canâ&#x20AC;&#x2122;t do anything about the vehicles because they are covered. Moore said, â&#x20AC;&#x153;I donâ&#x20AC;&#x2122;t mind trying to enjoin someone from maintaining covered cars on their propertyâ&#x20AC;? in that case because a neighboring property owner can serve as a witness to verify that it has been there for years, and no one has uncovered it or moved it. â&#x20AC;&#x153;Thatâ&#x20AC;&#x2122;s not a vehicle, and just because you cover it, it doesnâ&#x20AC;&#x2122;t put lipstick on a pig,â&#x20AC;? Moore said. In another compliance matter, the board voted to fine a property owner on Cresthaven in continuing violation of the declaration of restrictions for having a toolbox and miscellaneous equipment that fits into the back of a pickup truck sitting on the driveway. The vote included sending the issue to Mooreâ&#x20AC;&#x2122;s office for legal resolution in the courts. Thompson said inspectors have been in contact with the property owner, who says the equipment is not junk. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;ll let the judge be the judge of that,â&#x20AC;? Moore responded. â&#x20AC;&#x153;It really is ugly. I think I would call it junk,â&#x20AC;? Clarke said.

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Ocean Pines officials and guests celebrated the grand opening of the new Ocean Pines Yacht Club with a ribbon-cutting on June 8, which drew hundreds of people to the facility’s banquet room on the second floor.

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a soft opening of the new, almost $5 million amenity on Memorial Day weekend. A crowd of hundreds showed up for the event, held on the new Yacht Club’s second floor with its grand view of the harbor and the Ocean City skyline in the distance. While wait staff circulated with finger food and filled wine glasses, many of the attendees stood in line for stiffer libations sold in the upstairs bar. More savvy partiers ventured downstairs to the first floor bar, which, while busy, provided much faster service. As the festivities unfolded upstairs, food and beverage operations were being conducted downstairs as they had been since the soft opening. Many of those downstairs weren’t even aware of the event upstairs, something that never would have been possible with the old Yacht Club, torn down last September to make way for the new. Aside from square footage, that may be the most fundamental difference between the old building and the new 20,000 square foot replacement. The new building has two distinct areas where food and beverage service is offered: ground level, both inside and out-

side, with an inside bar area, a soon-tobe-opened tiki bar, fire pit and massive deck area, served by its own kitchen; and the second level, designed for banquets and other special events, where the ribbon-cutting and grand opening party was held, also equipped with its own kitchen. The two areas are truly separate and distinct spaces, with no direct access between them. On a temporary platform bedecked with flowers in the second level banquet hall, Ocean Pines Association General Manager Bob Thompson, OPA Vice-President Sharyn O’Hare, and OPA President Tom Terry took turns extolling the virtues of the new amenity and recapping the multi-year process which finally led to its opening. The OPA’s hired film crew was on hand to record the festivities, and a video of it was posted on the OPA Web site a few days later. While Worcester County permitting authorities issued a certificate of occupancy just in time for the Memorial Day weekend, the new amenity actually opened for dining on the Thursday be-

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From Page 14 fore and a wedding a week before that, courtesy of a temporary occupancy permit. Harkins Construction and OPA Public Works crews were still dealing with construction issues on the day of the June 10 grand opening. Ted Moroney, a member of Thompson’s implementation team, said the items were mostly minor and cosmetic and that a more detailed “punch list” would be assembled and worked through before Harkins leaves the job site for good. The typical Yacht Club patron would not have noticed anything amiss, he said. Moroney was called up to the dais by Thompson and praised for his hundreds of unpaid hours of work helping to monitor progress on the job site. Thompson also lauded the efforts of Harkins project manager Randy Smith and Public Works Director Eddie Wells, both of whom worked overtime to make the Memorial Day weekend soft opening deadline that OPA officials felt was important to help make a positive first impression on the Ocean Pines community. Terry in turn was effusive in his praise of Thompson for overseeing the project from start to the nerve-racking opening. O’Hare was equally effusive, praising the general manager and the

June - Early July 2014 Ocean Pines PROGRESS 15 Yacht Club staff. She proclaimed the service and food to be of excellent quality. Terry later acknowledged that initially the “soft opening” lunch and dinner menus were somewhat limited in order to give the kitchen staff time to master the fundamentals, with a more elaborate menu to be unveiled later in the summer. A fresh fish entrée – rockfish – was added the same weekend asthe grand opening. Terry also acknowledged that the wait staff sometimes has had trouble matching trays of food and drink with the correct table, but that in part stems from the fact that many of the staff are working with each other for the first time. “That situation is being corrected as we speak,” he said. “You have to expect that sort of thing in a new launch.” Thompson during his public remarks made note of the one campus amenity that was not ready for the soft opening in May or the grand opening June 10 – the tiki bar that is designed to serve pool patrons inside the fenced pool area, in addition to those who congregate in the deck area between the pool and Yacht Club building. Thompson said it would be open for use later in June. The area between the Yacht Club building and the nearby Mumford’s Landing pool remains unlandscaped.

One fact that becomes evident when touring the grounds: The distance to the Yacht Club from the adults-only Yacht Club pool and the more family-friendly Mumford’s Landing pool is roughly the same. The shifting of the new building westward and angled toward the open channel brought it much closer to the Mumford’s pool. This will make it much easier to integrate both pools into the Yacht Club campus, a concept that has been mostly theoretical up until now, but which now appears to be much more realizable.

Not yet realized but still in the works for an opening sometime this summer is a beverage shop in the harbor master wing of the new building. Last fall, Thompson announced that this section would be dual-use, with a part of it reserved for the sale of coffee, beer, wine, soda, ice and related items to be sold to boaters using the Yacht Club marina in the early morning hours. Thompson told the Progress in early June that the plan is to concentrate on opening the harbormaster wing as soon as the tiki bar is complete and open.

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16 Ocean Pines PROGRESS

OCEAN PINES

June - Early July 2014

Clarke discovers error in board resolution governing amenity use Board ponders possibility of adding an electronic gate or staffing the White Horse Park boat ramp with a guard and whether boaters should be charged a fee By TOM STAUSS Publisher hether the White Horse Park boat ramp is a public “general-use” amenity that imposes no fee for access is supposedly made clear in the M-02 Ocean Pines Association policy resolution adopted by the Board of Directors in September of 2011. Only it isn’t, OPA Director Marty Clarke has discovered, because the M-02 resolution that’s posted on the OPA Web site is in error, somehow missing the fact that the directors at the time had failed to pass a motion that would have included the boat ramp as a general use amenity exempt from fees. The resolution incorrectly lists boat ramps as a general use amenity, along

with food and beverage facilities, the Community Center, the Country Club, the Beach Club, the Yacht Club, parks and walking trails, Swim and Racquet Club tennis courts, kayak launch sites, the White Horse Park skateboard bowl and adjacent basketball court. As if that isn’t confusing enough, a sign posted in the vicinity of the boat ramp said that the boat ramp is open only for OPA members, which sent the explicit message that this facility was not a general use amenity. At a recent visit to the boat ramp, however, the Progress could find no evidence of a sign promoting member-only use. For all practical purposes, whatever has or has not been decided officially by the OPA, the boat ramp in White Horse

Weekends have been busy with boaters coming and going at the Ocean Pines boat ramp in White Horse Park. Park historically has been a de facto general use amenity with no fees for access, one that has been used by OPA members along with an indeterminate number of outsiders. The boat ramp has never been a members-only facility in practice. Non-member users simply ignored the signage

that had been there, and the OPA made little if any effort over the years to enforce a members-only policy. The error discovered by Clarke pertains to the list of general use amenities that appear in M-02. The inclusion of boat ramps in the posted version of To Page 18

June - Early July 2014 Ocean Pines PROGRESS

OCEAN PINES

June - Early July 2014

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From Page 16 M-02’s approved list of general use amenities conforms to the reality at the ramp site, but, according to Clarke, the board didn’t vote to include the ramp in the general usage list when it adopted the M-02 resolution in September of 2011. The motion to do so failed, which means that the 2011 board majority seems to have regarded the boat ramp as a member-only amenity, despite the version of M-02 subsequently signed by OPA President Tom Terry and posted on the OPA Web site. To date, the OPA has never imposed fees for use of the boat ramp or the adjacent parking area. Clarke pointed out the mistake in the posted M-02 resolution during the board’s June 4 work session. He expressed agreement with the official policy from 2011 that implicitly considered the boat ramp as a member-only facility. “We weren’t elected to serve the general public,” Clarke said, implying that he would favor management of the boat ramp consistent with M-02 as it should have been codified. Previously, Clarke has been a proponent of imposing fees for boat ramp usage. But he did not use the occasion of the June 4 work session to advocate for that position. Terry acknowledged that the posted version of M-02 does not conform to board policy making in 2011 and that the posted M-02 resolution needs to

be fixed, presumably consistent with board majority sentiment on whether the ramp should be available for general public use. Clarke suggested that he will offer a motion at the board’s regular meeting in June that will delete the boat ramp from the posted M-02 list of general use amenities. If approved, and that’s not necessarily a foregone conclusion, the boat ramp would officially become a member-only amenity. That opens up another set of issues, namely how the OPA could attempt to enforce the member-only status and whether, in the context of attempting to gain operational control of the boat ramp, the OPA should begin imposing fees on those who access the ramp. Much of the June 4 board work session involved discussion of these questions. OPA Director Jack Collins raised the issue of whether the M-02 resolution is consistent with a modest increase in funding for the Ocean Pines Department of Parks and Recreation approved by the Worcester County Commissioners in early June. While Collins noted that some of the grant funding is for events and activities open to the general public, there is no reference to boat ramps in the commissioner’s documentation on grant funding for the OPA. He noted, however, that county literature and brochures list the White Horse Park boat ramp as open to the public. Terry said some county grant funding is tied to the notion that certain facili-

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OCEAN PINES From Page 18 ties are open to those who are not Ocean Pines property owners and residents. It doesn’t mean certain of our facilities “have to be free, but that they have to be open to the public,” he said. If the board considers excluding the boat ramp from the list of general use amenities, making it a member-only facility, Terry said it becomes “imperative” that the board ask the general manager to research the question of how much it would cost and specific means of closing the boat ramp to anyone who isn’t an OPA member or a guest. “Do we need to create a methodology of closing the boat ramp (to the general public)?” Terry said. Later he answered his own question in the affirmative. Director Terri Mohr, who is running for reelection to the board this summer, was not ready to concede the desirability or necessity of closing the boat ramp to those who are not OPA members. She seemed to suggest that Terry’s call for a “methodology” of closing the boat ramp for general usage was premature. Mohr went on to say that it’s not “cut and dried” whether the boat ramp should be returned to member-only access. Clarke responded that it is “cut and dried” that the boat is private property owned by the OPA. The discussion was then opened up

to OPA members in attendance. Representing a group of Carriage Lane residents who have concerns about certain activities at the boat ramp, homeowner Dan Peletier told the directors that he and the group he represents believes that “now is the time to have a gated entrance” to the ramp or a guard on duty to better regulate its use. He did not weigh in specifically on whether he and other Carriage Lane residents supported the concept of a member-only amenity or whether the directors should impose fees on users. Homeowner Gene Ringsdorf, a longtime proponent of boat ramp user fees, was not as reticent. He said that the board should begin to impose fees as part of a plan to gain control over the boat ramp. He said that boaters should expect to pay for the boat ramp amenity in the same way that golfers, swimmers and tennis players have since the inception of Ocean Pines. It was not clear whether the contingent of Carriage Lane residents who attended the meeting agreed with Ringsdorf. Peletier said he’s lived for 15 years on the canal near the boat ramp and has seen a lot of inappropriate uses over the years. He said there’s been some commercial as opposed to residential use, including the launch of crab boats and boats sold by commercial dealers in the area. He said there is a lot of evidence

of Delaware license plates on vehicles parked near the boat ramp, and that “inappropriate use” includes fishing and “hanging out” on the docks by those who aren’t launching or retrieving their boats. “It’s a popular place for teenagers,” he said at one point. Asserting again that the “bottom line” is that the OPA should establish a gated entrance or have a guard on duty, Peletier suggested two shifts a day on summer weekends. He said the OPA should insist that boat ramp users register and that users could be given an electronic swipe card to gain access through a gated entrance. “You can charge commercial users and outsiders,” he said, which perhaps suggests that he and other Carriage Lane residents are not prepared to insist that OPA members pay a fee when they register and obtain a swipe card. Collins then said that OPA members are telling him that the board should make the boat ramp entirely private or members-only, which by definition would exclude Delaware boaters or commercial dealers. Clarke suggested that should the board elect to authorize a guard to staff the boat ramp, the cost would be relatively modest, roughly $3,600 for the summer based on an hourly rate of $10 for three days of work per week, Friday through Sunday. OPA General Manager Bob Thomp-

son pushed back gently against the idea that the boat ramp is poorly managed or that it’s used a lot by boaters who aren’t OPA members. He reminded the board of a survey at the ramp conducted last summer by Aquatics Department staffers, the results of which indicated only a small percentage of users – less than 5 percent -- were outsiders, boaters other than OPA members or their guests. At the same time, he said a county boat ramp in Bishopville has closed down and that it’s possible boaters who had used that facility might begin to use Ocean Pines’ boat ramp instead. Frank Watkins, chairman of the Marine Activities Advisory Committee, seemed to agree with Thompson about the extent to which there’s a problem at the boat ramp. He said a swipe card system might cause problems with boaters who are unable to obtain swipe cards in a timely way when they come down for the weekend. But later in the discussion, he said that MAAC “had no problem” with setting up a gate entrance, except to ask how the OPA would secure it. Ringsdorf, the Carriage Lane homeowner, vocal about the need for a feebased solution to controlling the boat ramp, said the problem is there is no current way to verify whether a boat ramp user is an Ocean Pines resident or OPA member. Because of the way last summer’s

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June - Early July 2014 Ocean Pines PROGRESS

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Boat ramp From Page 19 survey was worded, Ringsdorf said he wouldn’t put “a lot of value” on it “as a basis for policy” governing boat ramp usage. “We require the dog people and skateboarders (to register and pay a fee),” Ringsdorf said. “We do it for every other amenity except for trails and parks.” He said if it’s done for the boat ramp as well, the result will be reduced assessments for most OPA members. He later told the board that he thought it “strange” that the directors had sought additional recreational funding from the county this year at the same time they were “refusing to get more money” from boaters. After additional comments from residents and a brief recap of plans to rebuild the boat ramp later this week, Terry summed up the challenge for the board in dealing with the boat ramp issue. “Number one - you need to (decide to) get control of it, and number two - you need to figure out the methodology” for doing so, he said. A related question is whether to make access to the boat ramp “fee-based or not,” he added. He said he would look to the general manager to make proposals on these issues. Meanwhile, Clarke probably will have a motion for the board’s June regu-

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June - Early July 2014 Ocean Pines PROGRESS

as perhaps its most prominent member. COPE is a more recent creation, led by Ocean Pines builder/developer Marvin Steen. COPE emerged several months ago as an opponent of what it considers excessive and unsustainable costs related to operating and maintaining the Ocean Pines golf course. Among the options it has recommended is leasing out the golf course or, if that doesn’t happen, a referendum of property owners on the golf course’s closure and conversion into parkland. Operations at the Yacht Club are also in COPE’s crosshairs, with Steen recently raising the possibility of leasing out the facility to well-qualified restaurateurs as an alternative to the OPA’s inhouse management team. More recently, he said he is willing to wait until later this year, after the prime summer season concludes, to assess how both amenities do financially before deciding how best to proceed from here. Petition drives to force referendums on both amenities remain on the table. Stevens and Renaud and their supporters are expected to wage a concerted campaign as critics of the current board majority of five members who are solid Thompson supporters, at least to the extent to which they were willing to reward him with a healthy raise months

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construction project. That group of four would be able to thwart the presumed ambitions of OPA vice-president Sharyn O’Hare to assume the presidency later this year should Terry decide to bow out after five years at the helm. There is a third candidate, Lawrence Lee, who seems to be running as a board critic along the lines of Stevens and Renaud, according to some recent press coverage on his candidacy. Steen, the COPE leader, said he hopes Lee will consider the impact of his continuing in the race, opting to bow out of the contest in the same way that Trendic and Moul did “as a way of improving the chances of candidates they agree with on most issues” to win the election. Not to do so, Steen said, would dilute the votes of those who want to see a change in the board’s direction. “Elections in Ocean Pines can be decided by a relatively few votes,” Steen

said. “Even a few votes could be enough” to prevent Stevens and Renaud from leading the field. “I hope that Mr. Lee, who we were unaware was intending to file as a candidate, will do the considerate thing and throw his support” to Stevens and Renaud, Steen said. A wildcard in the contest is Knepper, who is not without his supporters among those who tend to agree with the Stevens-Renaud platform in some key elements. Local businessman Dennis Hudson, a former chairman of the OPA’s Budget and Finance Advisory Committee and heir-apparent to the chairmanship of the Comprehensive Plan Advisory Committee, has purchased an advertisement in this edition of the Progress backing Knepper. Hudson likes Knepper’s cool demeanor and obvious intelligence when considering issues, even while not necessarily agreeing with him on every

From Page 1

before the expiration of his old contract. That majority included two incumbents seeking reelection this summer, Jeff Knepper and Terri Mohr. While Knepper announced his intentions to run for a seat on the board when he was appointed to fill the remaining months of former Director Dan Stachurski’s this past winter, Mohr’s entry into the race was a surprise. She had indicated more or less consistently for some time that she was not intending to seek reelection. She apparently changed her mind very close to the filing deadline, if not on the very last day she could have. Although Thompson’s compensation package and his relationship to the board will be at the core of the Stevens and Renaud campaigns, neither candidate is saying that Thompson should be terminated. Rather, they say they want the board to reassert and recover policy-making primacy in Ocean Pines, which they contend has been lost over time because of lax board oversight of the general manager. Their joint platform is summarized in a paid advertisement that appears elsewhere in this edition of the Progress. If elected, they would probably join with Clarke and Director Jack Collins to elect one of their own – Stevens is said to be interested – as OPA president, replacing Tom Terry, who has been effusive in his praise and public backing of Thompson for the way the general manager has overseen the Yacht Club

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Directors signal more aggressive stance against neglected or abandoned homes OPA president says membership should be prepared to spend money to fix up homes when the cost of doing so might not be recouped By ROTA L. KNOTT Contributing Writer t’s up to the Board of Directors to determine how much expense the Ocean Pines Association is willing to incur to clean up neglected or abandoned properties in the community, according to long-time OPA attorney Joe Moore. A decision on whether to authorize a more aggressive stance against these derelict properties could come as soon as the board’s regular monthly meeting in June. Faced with an abundance of neglected properties throughout the community, the board asked for Moore’s legal advice during the May 24 board meeting. The directors followed up with more discussion about the issue at a June 4 work session, in which OPA President Tom Terry said the OPA will be taking a more aggressive enforcement stance if the board decides to authorize the OPA Public Works Department to enter onto derelict properties to remedy their defects “with little or no chance” of recouping the expenses incurred in doing so. Terry said the board is frustrated because it doesn’t know “how far we can

go” as a homeowners association to defend the rights of its members from the impact of other lot owners who do not properly maintain their properties, or whose former owners have effectively abandoned the properties. One of the homes that finally brought the issue to the top of the board’s agenda was the presence of a burned-out, bankowned home on Bramblewood Drive. The owners are long gone and the property has been through the foreclosure

process, but meanwhile nothing has been done to maintain the home, which has a fallen tree poking through its roof. For properties with minor violations, ranging from the grass needing cut to minor structural repairs like installing lattice or other screening, the board can simply find the owner in violation and instruct staff to address the issue inhouse and bill the owners. For larger issues, such as unapproved structural changes like adding a deck, the board

OPA election

line and the dining experience for OPA members. Steen said Knepper’s support of Thompson’s compensation package soured him on Knepper’s candidacy. “We decided to back the candidates who we believe will be most likely to rein in the excessive deficits in golf and the Yacht Club as well as the general manager,” Steen said. Also not opposed to Knepper, if not in his camp, is influential oceanpinesforum.com blogger Joe Reynolds, who recently composed a commentary in which he attempted to separate Knep-

From Page 21 issue, such as Thompson’s compensation package. Steen earlier had considered throwing COPE’s support to Knepper, in part because, in meetings several months ago with Knepper and Terry over COPE’s ideas for dealing with Yacht Club and golf operational losses, Steen said Knepper had voiced support for the idea of leasing out the Yacht Club to competent and experience restaurateurs, as a way of improving the Yacht Club’s bottom

can vote to send it to legal counsel for action. That generally begins with a simple letter to the property owner from Moore’s office and escalates to the filing of a lawsuit. Moore said the OPA has been very successful in achieving injunctive relief from the court system for properties that are in violation of the restrictive covenants, but a situation like that which exists on Bramblewood presents a dilemma. He said when the owners are either deceased - as is the case with the Bramblewood home - or have abandoned a property, the OPA is challenged by violations of the restrictive covenants when there is no clear owner and likely no chance for ever recouping the cost of making the necessary repairs. In those cases seeking an injunction would be futile, Moore said. Instead the board must decide wheth-

22 Ocean Pines PROGRESS

per from the rest of the board majority’s bloc, which Reynolds said consisted of Terry, O’Hare, Mohr and Bill Cordwell, with Knepper an independent voice. Reynolds generally does not endorse in OPA elections but Knepper is a friend of his, and a frequent attendee of Reynolds’ Thursday morning coffee klatch in a local restaurant. OPA members will have an opportunity to make their own assessments of the candidates in a forum scheduled for Saturday, June 21, beginning at 9 a.m., in the Community Center’s Assateague Room.

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OCEAN PINES Nuisance properties From Page 22 er or not to authorize the association itself to make the necessary repairs even if it can’t recoup the expense, Moore said, adding that the OPA’s restrictive covenants give it the right to enter onto a property and make the repairs required to adequately maintain the exterior building and lot. Taking such action requires a twothirds majority vote by the board, and the cost of any repairs is added onto the annual property assessment. Often, however, properties that are in disrepair are also deeply indebted, and that means the chances of the OPA collecting for any clean-up expenses are slim. Moore said in most instances the problem properties become that way because “they’re under water” and have mortgages that take precedence over any money owed to the OPA. That precludes the association from recouping the cost of restoring the properties. Moore said he has been contacted by a neighboring property owner about the home on Bramblewood also. “What she described to me is exactly what I’m seeing. It’s a mess,” he said while looking at photos of the site. In that case, Moore said his office is looking into the ownership situation and believes that the property has been foreclosed upon and the bank bought it back. “If that is true then the bank is now the owner of the property,” he said, adding “if that is true, our lien would be

June - Early July 2014 Ocean Pines PROGRESS a first lien which would allow us to settle the property” and assess the bank for charges in fixing up the home. He estimated the assessed value of the Bramblewood home to be about $120,000. Therefore, if the association wanted to spend money to make the exterior “at least look good” it would be able to attach a lien and would be able to collect on the debt from the bank, Moore said. Terry said the board needs to decide in these cases how much of the association’s money it is willing to spend to abate a nuisance on another owner’s lot. Moore agreed and said that these cases can involve “expensive possible resolutions.” He said the board needs to determine whether or not resolving nuisances on private properties provides a community service and how much it is willing to pay to do so. “That is a judgment call on your part,” he told the directors. As for the home on Bramblewood, the board voted to find the owners in continuing violation of the restrictive covenants and instructed Moore to “find out what’s going on” with the property and develop a plan of action to remedy the violations. The board also authorized Thompson to engage the services of a contractor to remove the tree protruding through the home’s roof. He said removing the tree may cause more damage to the actual structure and asked if the OPA would be liable. Moore said the homeowners association will bear no liability.

Golf scholarship winner

Suzanne Brooke presented Stephen Decatur High School senior, Chase Eslin, with a $3000 scholarship from the Ocean Pines Members Golf Council. The funding for this scholarship is made possible by the Taylor Bank Golf Tournament to be held at Ocean Pines Golf and Country Club on July 16. Golfers can sign up for the tournament in the golf pro shop.

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24 Ocean Pines PROGRESS By ROTA L. KNOTT Contributing Writer

OCEAN PINES

Board shoots down Clarke’s proposal to seek bids for OPA’s audit service

As for mandatory rotation, Cordwell said the reports and recommendations he found indicate that the cost of rotation will likely exceed any benefits. That is partially because the OPA’s controller will have to spend a significant amount of time training any new auditors. “In an association as big as ours with a lot of moving parts, our controller would have to be with them for weeks,” he said. Cordwell said the Public Accounting Oversight Board this year said that auditor rotation frequently leaves companies with inexperienced auditors and poor quality reporting. “I don’t know of any complaints we’ve had with our auditing firm,” he said, adding that it seems Clarke is “looking for a solution to a problem that doesn’t exist.” Still Clarke reiterated that he is not advocating changing auditors. “I’m not saying get rid of our auditors. I’m saying let’s look at what’s out there,” he said, adding that his motion said “nothing about mandatory replacement or rotation of the firms performing the OPA’s annual audit. It simply asked the board to take a look at the available options.” Garnering no support from other board members, Clarke’s motion failed in a 6-1 vote, even Collins deserting him in the end.

June - Early July 2014

f nothing else, Marty Clarke is persistent. For years he has been trying to persuade his fellow members of the Board of Directors to seek competitive bids for the Ocean Pines Association’s annual auditing services. During a May 24 board meeting, he tried again – and failed again. Clarke offered a motion to instruct the OPA’s general manager, in cooperation with the treasurer, controller and audit committee, to prepare a scope of work in order to advertise a comprehensive request for proposals for auditing services. In his motion he said that it would allow the board to make an informed decision and engage an audit firm for the OPA. “Every year, one of the very few direct duties of the board is to engage an auditor,” Clarke said, adding that to ensure the board is actually performing that duty with care it should be more than a “rubber stamp” for retaining the same auditing firm year after year. Clarke said he has been on the OPA board for five years, and during that time the OPA has never solicited requests for proposals from auditors. Instead the board just keeps approving the same auditing firm, TGM Group, Inc., again and again with no alternatives presented.

Cordwell calls motion a ‘solution in search of a problem’ and his colleagues apparently agree “I’ve never seen a choice. I’ve never seen a proposal,” he said. Clarke said the board should be educated about its options for auditing services, and talk with other firms to at least get an idea of what they can provide to the OPA. “It’s pretty standard business,” he said. Director Jack Collins offered a second to Clarke’s motion saying he doesn’t see a downside to looking for a new auditor, but the OPA may find out that no one else is interested in doing the job. “Our auditor may be doing a fantastic job. They may be top drawer,” he said, adding, “We don’t know.” He said he thinks it will be healthy to test the market even if the board ultimately retains the same firm. “It may put them a little bit on their toes in

terms of future audits or upcoming audits,” he said. “It’s worth a look-see.” Still, Collins said what the board may find is that it already has the “best bang for the buck” with TGM Group, Inc. “But we don’t know that” right now, he concluded. OPA Director and Treasurer Bill Cordwell opposed Clarke’s motion and said he researched the issue for pros and cons. “Pretty much all I’ve gotten is cons,” he said. Cordwell said the Sarbanes-Oxley Act of 2002, often referenced by Clarke as supporting the need for a change in auditors, pertains only to publicly-held companies and not homeowners associations. He said it discusses audit partner rotation for big auditing firms with more than 10 auditors in their stable.

Vote for Mary Burgess Republican Candidate For Worcester County Clerk of Court

By Authority of Citizens to elect Mary Burgess, authority of Savannah Kinavey,

Mary is a life long republican who has 29 years of dedicated public service in the Maryland Judicial system and law enforcement. She has the experience, knowledge and supervisory skills in the judicial system to become the Clerk of the Court. She has been a resident of Ocean Pines for 12 years. While serving in Prince George’s Co. she supervised three court locations, worked in the Criminal Trial Division and Grand Jury. She was also appointed by the County Council to serve on the master plan committee for the development of the county. For the past three years she has worked in the Worcester County State’s Attorney’s office working for Beau Oglesby who recently publicly endorsed her for the clerk of court. She is the victim/witness coordinator and office manager. She handles the office accounts paying bills, extraditions funds, ordering supplies, equipment, processing time sheets, personnel forms. She has participated in the hiring process for support personnel. She acts as a liaison, between the Criminal Injuries Compensation Board, Parole Board, & maintains the Maryland State Victim Witness fund. She is a member of the sexual assault response team, and the domestic coalition team. She is a past officer of the Republican Central Committee 2010-2014. She has supported the Republicans of Worcester Co. by attending GOP conventions, working the Co. fairs, Blessing of the Combines, red white and blue picnics, the Lincoln Day Dinners, and working as a poll watcher for republican candidates. As a sworn member of the Prince Georges Police Dept. she graduated from the academy receiving the outstanding student award. During her tenure she received five chief’s awards and numerous citations and Gov.’s proclamations. In the community she has worked on projects for Diakonia, Coastal Hospice, Believe in tomorrow, United Way, MD food bank, board member for Worcester GOLD and volunteered as seminar director for TAPS.org, a non profit org. serving families who have lost loved ones on active duty. Please support Mary and exercise your right to vote in this upcoming contested primary. For more info. Visit her website www.maryburgessforclerk.com

June - Early July 2014 Ocean Pines PROGRESS

If You Believe With Us That

• •

OPA Bylaws Require Governance By an Elected Board, Not Management

AND

Pat Renaud

Dave Stevens

• •

• The GM is accountable to the Board for his actions or failure to act.

• •

• The GM/Staff compensation must be fair, justified and compatible with the economics of our community.

• •

• Adjustments to income must be based on meeting peformance-based, measurable, board-established goals.

• •

• After four years of inaction, it is time for the board, with advisors from the community, to take back responsibility for capital planning.

• •

• Roads, drainage, maintenance and member property upkeep are as important as expensive replacement of “income producing” facilities.

•

• The board has a duty to closely monitor GM project execution.

• •

• Unbudgeted expenditures for the “Next Great Idea” or preventable emergencies are unacceptable.

• •

• The Board is entitled to complete, timely and accurate information from Management when requested.

•

• Our Reserves are not a Venture Capital Fund.

... Then Vote for Renaud and Stevens Authority Pat Renaud and Dave Stevens

26 Ocean Pines PROGRESS

OCEAN PINES

In Worcester County, Moore said, zoning ordinances limit the use of private property. In the zoning context the OPA is allowed to be more restrictive than the county’s regulations. However, political signs are governed under the Maryland Homeowners Association Act, not the zoning ordinances, Moore said. The OPA’s declaration of restrictions, covenants or bylaws may not restrict or prohibit the display of signs showing support for either individual candidates or election questions, Moore said. He added that the OPA can restrict the placement of political signs in common areas of the community and the length of time during which they can be put on display. “Common areas” means property which is owned or leased by a homeowners association. Property owners can have as many political signs as they want on their lots and those signs can be any size they choose. Moore added, for example, that if he decides to run for office “and I want

to put up 20 Joe Moore for state’s attorney signs on my property, I can do that.” Director Jack Collins asked about restriction on sign sizes, specifically large 8 by 8-foot signs. Moore responded that they are permitted but only for that limited amount of time leading up to and immediately following the election. “I’ve only got 37 days to display this,” he said, “That’s really the difference.” Terry asked if the OPA can implement different sign regulations for internal OPA elections, such as those for the board of directors. Again, Moore responded in the affirmative. “I think you are,” he said, adding that the Homeowners Association Act describes political signs as those of candidates “for public office.” Since the OPA’s board of directors positions are not “public office” they do not receive the same consideration as elected county, state and federal positions, he said. OPA board candidate signs come under the same guidelines that apply to signage throughout Ocean Pines. Guidelines restrict these signs to a maximum of four square feet, with no side greater than 38 inches and the height from ground level to the top of the sign not to exceed five feet.

June - Early July 2014

Posting of public office political signs not controlled by OPA regs, Moore says Timeframe for posting is only area that is subject to enforcement By ROTA L. KNOTT Contributing Writer ith election season in full swing, Ocean Pines Association officials are worried about a proliferation of political signs for county and state offices popping up on properties within the community. However, they learned during a May 24 meeting that there is little the OPA can do to control the number, size or location of political signs posted on individual lots. OPA Attorney Joe Moore, who was on hand at the meeting to refresh the collective memory of the board of directors regarding several regulatory issues, said the homeowners association has little control over its property owners’ right to show their support for candidates and ballot questions up for consideration during an election.

Moore said he received an email inquiry from incumbent State Senator Jim Mathias’ office regarding the posting of political signs within Ocean Pines. As a result, OPA President Tom Terry asked him to address the issue during the open meeting of the board in an effort to make everyone aware of the regulations. “There have been restrictions put in place by this organization that have been enforced,” he said. When the issue surfaced of whether or not the OPA has the authority to do so, he “wanted to see what we are really allowed to do.” Moore said the OPA only has the authority to enforce the timeframe during which political signs can be posted. Those regulations specify that the sign can be installed not more than 30 days prior to an election and must be removed within seven days following an election. Otherwise, the homeowners association cannot impose additional restrictions on the posting of political signs, according to Moore.

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OCEAN PINES

June - Early July 2014 Ocean Pines PROGRESS

Splash pad expected to launch by second weekend in June

Assets Advisory Committee and the Maryland Coastal Bays program, which provided grant funding for it under the governor’s Stream Challenge Award program. Previously, the committee, through a grant obtained from American Water Co., planted native grasses around the Swim and Racquet Club lagoon and near the peninsula that protects the club’s sandy beach. This was coordinated with a complementary Public Works Department effort to reduce the phragmites that threaten the lagoon and peninsula’s water quality. That effort is con-

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By TOM STAUSS Publisher ith all but a railing on the handicap-and-stroller-friendly ramp needing to be added, the Ocean Pines Association was poised to open the community’s newest amenity, a splash pad at the Swim and Racquet Club pool that has replaced the old baby pool there, on the second weekend of June. The spray pad features had been completed by around the first of June, but the facility could not open until the access ramp railing had been installed. Backed up on work orders related to the new Yacht Club, the Public Works staff was unable to install the ramp railing until later in June. The splash pad, a project strongly endorsed by the Aquatics Advisory Committee, was initially conceived by OPA General Manager Bob Thompson. It’s designed for very young children, who will need parents, grandparents or guardians to watch the kids as they frolic. Because the pool is no longer there, the OPA is not required to staff the splash pad area, accessible only through the pool area, with guards. The splash pad is not the only improvement that Swim and Racquet Club patrons will notice on their visits this summer. Landscaping improvements are evident as well, part of a mid-April tree and shrubbery planting exercise by local intermediate school students coordinated by the staff of the OPA’s Public Works Department. It resulted in 40 new trees and 34 new shrubs throughout the Swim and Racquet Club complex. The trees are a mix of cedar, loblolly and holly, and the shrubs include bayberry/wax myrtle and high tide bushes. The landscape improvements were the product of a collaborative effort by the OPA’s Environmental and Natural

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28 Ocean Pines PROGRESS

OCEAN PINES

June - Early July 2014

Splash pad From Page 27 tinuing. At the Mumford’s Landing pool, some quick-fix temporary repairs were completed to allow the pool to open on Memorial Day weekend. More extensive repairs, including the complete abrasion of the surface before a new bond coat and Diamond-Brite are applied, have been postponed, with expectations they will be done in the fall after the pool closes for the summer season. The splash pad at the Swim and Racquet Club pool was scheduled to open the second weekend in June pending the installation of a railing on a ramp leading down from the main pool area.

Dennis Hudson endorses Jim Bunting

n June 24 we will cast our ballots for our county representatives and consequently their control over our wallets. Worcester County needs leadership, especially for Ocean Pines and its share of tax dollars. Madison (Jim) Bunting is one commissioner we need to reelect and return to Snow Hill from district 6. Jim is an honest, hardworking successful former businessman with the financial knowledge and skills we need in Snow Hill. The complexities of our county financial structure can be overwhelming to the novice, leading to waste, misallocation of our tax dollars, and complacency. I deal with complex financial situations in both my Private Practice and Ocean Pines. As a result I have County Commissioner Jim Bunting receiving the endorsement of had numerous occasions to discuss Ocean Pines businessman Dennis R. Hudson. the financial inner workings with Mr. Bunting, and have found him ing district. REALTOR very knowledgeable of the “NumBeing fully aware that Madison Worcester County “Your Real Estate Beach” bers” and Ocean Pines. Jim Bunting (Jim)Connection Buntingatisthefar too humble to Board of Commissioners is fully aware of our need for additalk about himself, I have decided to DISTRICT 6 Licensed In MD & DE • REALTOR • CRS tional County tax dollars for Ocean REPUBLICAN submit thisPines, endorsement. 11049 Racetrack Road, Ocean MD 21811 PRIMARY Pines and their residents. He will Cell: 443-614-6212 Please• Offi vote for Madison (Jim) ce: 410-641-5222 Tuesday, June 24 place our community first not last. maryannomalley@remax.net Bunting. Early Voting June 12-19 Unfortunately I cannot vote for www.ochomesource.net Dennis R. Hudson Mr. Bunting … I am not in his votOcean Pines Resident

MARYANN O’MALLEY

Authorized by Elisabeth H. Bunting, treasurer

Other scheduled work at the Mumford’s pool was completed on time. A ramp to make the baby pool Americans with Disabilities Act (ADA) compliant has been installed, along with new fencing to enclose the baby pool’s new sloped “zero entry” ramp and the pool itself. All of Ocean Pines’ four outdoor pools opened Memorial Day weekend. Last year, the Yacht Club pool did not open until August, and the late opening as a new pool was being built cut into membership revenues. This summer, there is every expectation that usage and membership revenues will recover.

OPVFD benefits from unexpected county grants OPA receives extra cash for fireworks and recreation

he Ocean Pines Volunteer Fire Department was among the winners in the just-approved county budget for Fiscal Year 2014-15, with the Ocean Pines Association not so fortunate. In addition to the so-called standard grant of $195,703 that all fire departments in the county received, the OPVFD was awarded an additional $29,297 one-time grant and another $28,317 so-called Ames grant, for more than $57,000 over and above the typical grant, District 6 County Commissioner Jim Bunting has confirmed. In addition to the standard county grant of more than $400,000 for police protection, the OPA will be receiving $6,000 in additional funds for its annual Fourth of July fireworks display and an additional $10,000 for its recreation department, Bunting confirmed. This additional contribution to the OPA is much less than the OPA requested earlier in the budget process on grounds that the OPA provides many services that it argues the county otherwise would be required to provide to Ocean Pines residents. This is more or less the standard argument that the OPA makes every year in the hopes of luring more county dollars to the OPA; every year the funding comes back more or less the same as the previous year, with perhaps an adjustment here or there. A source told the Progress that outgoing District 5 Commissioner Judy Boggs was not particularly supportive of the OPA’s funding request this year, telling her colleagues that if the OPA had the money to give OPA General Manager Bob Thompson a $15,000 raise recently, the OPA is not in great need of additional county support. Apparently there wasn’t a lot of push-back on that opinion from her colleagues. – Tom Stauss

June - Early July 2014 Ocean Pines PROGRESS

Korea, Vietnam and the War on Terror. I talked with scores of veterans, some of whom were disabled by war. One suffered with PTSD 50 years after the Korean War. The experience of meeting these people left me humble and grateful to all who have served.

When I was in high school, I enjoyed a teen center where my friends and I danced to the music of Elvis, Jerry Lee Lewis and Little Richard. I’ve been married for decades, raised a family and enjoyed a wonderful life. Sadly, one of my friends from that teen center was deprived of a full life. Sgt. Dennis Harper was killed a few years later in Vietnam where he and thousands more made the ultimate sacrifice. My generation remember that war as an appalling time in history. Sgt. Harper’s picture hangs in my home as a reminder of his valor, service and sacrifice. When I retired to Ocean Pines, blessed with free time, I decided to do something in remembrance of him. My original thought was to place a headstone for him in a home town cemetery. While talking with friends and family, the idea grew larger and I designed a memorial to honor Sgt. Harper and all of the military dead from Raleigh County, WV. Old high school friends, community leaders, and others came together in a spirit seldom witnessed. What resulted was a 16ft high monument surrounded with the names of over 400 men and women who had given the last full measure of devotion. While working on the memorial, I met the most amazing and interesting people of my life. I learned about two Medal of Honor recipients from the County. I met the wife of a soldier who remains MIA from Vietnam. I befriended a veteran who fought the first battle of the Korean War and another Marine who landed at Iwo Jima. I became acquainted with a former POW of WWII and met Sgt. Harper’s daughter, Gold Star Mothers, and siblings of soldiers killed in WWII,

I was left with a profound appreciation for the high price of freedom. It’s my core belief that individual freedom is a gift of our creator and the most essential duty of government is protection of that right. In the final analysis, it is left to the few honorable men and women who are called to arms and willing to serve. A paver bearing Dennis Harper’s name can be found in the Ocean Pines Veterans memorial. When you visit there, look for it and know that because of his sacrifice there is a memorial in WV honoring over 400 others. If you ever pass through Coal City, WV pause at the memorial to find Dennis Harper on the Vietnam panel and remember that freedom is only as secure as the valor of the men and women serving today.

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REPUBLICAN PRIMARY Tuesday, June 24 • Early Voting June 12-19 I ASK FOR AND APPRECIATE YOUR VOTE!

Friends of Grant Helvey: Authority Gwen Cordner Treasurer 0523145

By Grant Helvey

30 Ocean Pines PROGRESS

OCEAN PINES

June - Early July 2014

OPA FINANCES

April deficit wipes out most of year’s cumulative surplus

Unaudited financial summary for 2013-14 shows the OPA recorded a modest operating surplus for the year of $14,687. But golf recorded a $326,048 loss for the year, aquatics lost $209,277, and the Yacht Club dropped $202,349. of the year, leaving the OPA with an unaudited operating fund positive variance for the year of $14,687, and that’s

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still subject to change when the OPA’s auditors finish massaging the numbers in a report usually delivered in time for the OPA’s annual meeting in August. The good news, and OPA General Manager Bob Thompson mentioned it in passing when he cited April’s numbers during the OPA Board of Directors May 24 monthly meeting, is that the OPA still appears to have generated an operating surplus for the fiscal year that ended April 30. For some OPA members who don’t dive into the numbers, that result will be good enough. But the not-so-good news is that, in a year-end budget forecast issued by the OPA administration three quarters into the fiscal year this past February, the positive variance for the fiscal year had been projected at $153,000. That means the official guesstimate for the fiscal year delivered at that time was about $140,000 higher than what the unaudited final numbers show for the year. The negative variance for April was produced by revenues under budget by $122,473, total expenses over budget by

$16,012, and new capital expenditures over budget by $513. The positive operating variance for the fiscal year was produced by revenues under budget by $561,814, expenses under budget by $588,022, and new capital expenditures over budget by $11,521. According to the financial summary for April prepared by OPA Controller Art Carmine and distributed to the Board of Directors in late May, all of the feebased amenity departments generated losses for the month and none save for Beach Club parking performed better than budget. Golf, aquatics and the Yacht Club all had difficult years from a financial performance perspective. Golf recorded a $326,048 loss for the year, $175,916 worse than the original budget forecast. As late as the three quarter mark in the fiscal year, Thompson and Carmine were projecting a $230,000 loss for the year, a guess that proved be almost $100,000 wide of the actual loss for the year. The $326,048 loss in golf is the second worst year in the history of Ocean Pines. It actually constitutes a significant improvement over the 2012-13 fiscal year, when golf lost about $500,000. Golf was originally projected to lose $150,000 for the year, which means this amenity

RECKLESS SPENDING

VOTE PLEASE VOTE

ROLAND LANGEVIN PAT RENAUD JACK DAVECOLLINS STEVENS For the OCEAN PINES BOARD OF DIRECTORS Endorsement by authority of S.T.O.P. (Stop Taxing Ocean Pines)

By TOM STAUSS Publisher he Ocean Pines Association financial results for April, the final month of the 2013-14 fiscal year, weren’t very positive. The $124,588 negative variance to budget for the month wiped out most of the surplus that had accumulated through the first 11 months

OCEAN PINES OPA finances

June - Early July 2014 Ocean Pines PROGRESS

From Page 30 missed its original financial target by more than 200 percent. The $209,277 loss in aquatics also represents the worst performing year in the history of this amenity. At the three quarter mark, management had projected a $171,690 loss in aquatics for the year, which turns out to have missed the actual result by almost $40,000. Aquatics membership revenues were hurt by the fact that the popular Yacht Club pool was not open for much of last summer, a situation that is not being repeated this summer. If members who dropped out last summer rejoin this summer, then this amenity should experience a financial resurgence in the current fiscal year. The Yacht Club’s losses for the year also exceeded $200,000; the actual loss of $202,349 missed budget by about $100,000. At the three-quarter mark, management had guessed that the Yacht Club would lose $158,448 for the year. Shifting Yacht Club operations to the Country Club when the old building shut down for good after Labor Day did not produce revenues as hoped, and Thompson pulled the plug on that experiment in January. The opening of the new Yacht Club launches a new chapter in the history of this amenity that management hopes will improve its financial performance substantially over the 2013-14 fiscal year. In April, the Yacht Club was the worst performing amenity financially, losing $53,585 and missing budget by $77,433. Golf operations lost a relatively modest $15,756 for the month, but that was $51,122 behind budget. Aquatics produced a $20,568 operating deficit for the month, with a negative variance to budget of $23,914. Tennis operations, the marinas, Beach Club parking and the Beach Club (not yet open for the summer) all performed close to original budget projections. Status of reserves – The reserve summary released as part of the April financial report shows that the OPA’s allocated reserve balance stood at $2,393,179, its lowest point for the year, reflecting outlays for the new Yacht Club. This represents a decline of almost $1 million from March’s balance of $3,365,417. The reserve balance will bounce back considerably in May, the first month of the new fiscal year, when revenues of roughly $2.7 million in assessment dollars will flow into the major maintenance and replacement reserve. The balance in the roads reserve through April 30 was $67,068, virtually unchanged from prior months. The bulkhead and waterways reserve through April 30 stood at $704,792, a slight decrease from the March balance of $716,918. The golf drainage reserve carried

OPA Net Financial Operations through April 31 (before adjustments)

WORCESTER COUNTY

By ROTA L. KNOTT Contributing Writer alling property assessment values and a corresponding reduction in tax revenue forced the Worcester County Commissioners to use a large chunk of the county’s budget stabilization fund to balance the $177.9 million fiscal year 2014-15 budget approved during a June 3 meeting. The county plans to transfer nearly $5 million that has been sitting in the budget stabilization waiting to cover the anticipated revenue shortfall. The county allocation for the Board of

OPA finances From Page 31 a $667,190 deficit through the end of April, little changed from March. The future projects reserve had a $60,082 deficit and the operating recovery fund remaining zeroed out, also changed little or not at all from the previous month. The major maintenance and replacement at the end of April had its lowest balance in years, at $2,348,591. This compares to the March 31 balance of $3,320,841. The $2.3 million balance was comprised of $4,671,525 in funded depreci-

Worcester County uses budget stabilization funds to maintain income, property taxes rates Education’s operating budget is $77.96 million, an increase of $2.18 million over the current year adopted budge. School construction debt is paid by the county on behalf of the Board of Education. It is not reflected in the board’s budget; however, it is included in the county’s

ation (the so-called “historical” funding stream) and a $2,322,934 deficit in the five-year-plan’s revenue stream. Status of balance sheet – The April balance sheet showed a substantial improvement over March, when operating cash was listed in the amount of $1,514,682 and short-term investments totaled $2,043,047. As of April 30, reflecting assessments paid during the month for the new fiscal year, operating cash had risen to $5,362,688 while short-term investments rose slightly to $2,044,302. The OPA had $35,901,366 in total assets as of April 30, with liabilities and owner equity to match.

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operating budget. The board’s approved operating budget is $77.96 million plus debt service of $12 million, which totals $89.96 million or 50.5 percent of the county’s total estimated revenue. Salary accounts increased 3 percent for the Board of Education employees and includes a .5 percent cost of living adjustment, a step increment and longevity pay for those eligible. Starting teacher pay will increase from $42,222 to $42,433. The bus contracts account increased over FY 14 and reflects a 3 percent increase to bus contractors’ hourly rate, mileage rate and per vehicle allotment effective July 1, 2014. The FY 15 Worcester County education funding per student based on the estimated student population of 6,649 equates to $16,214 per student. That does not include restricted program funds of $4.83 million from the state and federal agencies. County salary accounts matched those in the Board of Education allocation, increasing 3 percent and including

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a .5 percent cost of living adjustment for employees, a step increment and longevity pay for those eligible. The cost of county insurance and benefits increased by a total of $729,386 for increased rates in hospitalization and retirement costs. The increases were offset by reductions for retirements, vacancies and enterprise fund reimbursements in hospitalization, social security taxes and other benefit accounts. Other post employment benefits for employees are budgeted level with FY 14. Funding increases in the budget included $240,795 for the Sheriff ’s Department for a part-time animal control officer and office assistant, full-time office assistant and school security deputy sheriff, increased hours for school deputies, ammunition, educational training for various certifications. Fire company grants increased $284,260 due to one-time grants and decreased property assessments applied to existing formulas. Funding for boat landings increased $98,381 due to state waterway improvement grant funds for Gum Point Boat Landing. The health department budget increased by $584,547 for state health benefit costs for contractual employees, and to cover the state payroll increase

June - Early July 2014

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WORCESTER COUNTY County budget From Page 32 for a 2 percent cost of living adjustment Jan. 1, 2015 and salary increment effective July 1, 2014. Funding for Wor-Wic Community College increased by $84,550 for the cCounty’s share of the annual appropriation. Library funding increased $155,076 to replace outdated computers at the five libraries and to purchase library books and audio-video materials. Natural resources expenditures will increase by $251,500 for beach maintenance and tourism funding increased $181,262 for promotional materials, state grant projects and tourism advertising. Expenditures for taxes shared with towns increased $1.64 million for pass through monies collected for room tax to the Town of Ocean City. The county’s grants to towns also increased by $94,000 for grants to municipalities and the Ocean Pines Association. The OPA received “extra: money for fireworks ($6,000) and #$10,000 for recreation, in addition to the customarypolice department funding. Debt service increased $3.2 to cover the cost of new debt for the Snow Hill High School addition and renovation project. Other major general fund expenditures that decreased were in the roads division by $869,868, and ambulance grants by $85,738 due to a reduction in credit runs. The total operating budget reflects an increase of $9.3 million or 5.5 percent

June - Early July 2014 Ocean Pines PROGRESS more than the FY 14 budget. The commissioners agreed to maintain the existing real property tax rate of 77 cent per $100 of assessed value in FY 15, which begins July 1, 2014. Real property tax revenue will decrease $466,491 less than the current year due to slightly decreasing assessment values. For resident property owners, the Homestead Credit cap remains unchanged at 3 percent and is estimated to reduce property taxes to the county by $1.59 million. Income tax revenues are anticipated to increase by $500,000 from the current year based upon actual receipts and increased estimates. The income tax estimate is based on the current tax rate of 1.25 percent. Other local taxes will see an increase of $1.76 million largely due to Ocean City Room Tax, which is just passed through to the town. Other category items that include Recordation and Transfer Tax are expected to remain level. State shared revenue will go up by $11,315 mainly due to increased 911 fees passed thru by the Comptroller for prepaid wireless telecommunication services. Revenue distributed from the county’s Liquor Control Department is budgeted to decrease by $363,371 based on anticipated revenue reductions. Federal grants are projected to have an overall increase of $21,561, including an additional $44,258 for the Emergency Shelter Grant. However state grants are decreasing $178,432 mainly due to State Aid for Bridges funded in FY 14.

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34 Ocean Pines PROGRESS

WORCESTER COUNTY

June - Early July 2014

By ROTA L. KNOTT Contributing Writer

orcester County will maintain the current rates for water and wastewater service in the Ocean Pines Service Area for fiscal year 2014-15, resulting in no change in their bill for customers. The Worcester County Commissioners on June 3 held public hearings on the fiscal year 2015 enterprise fund budgets for water and wastewater, solid waste and liquor control. The budgets will be officially approved later this month. The commissioners conducted a public hearing on the proposed op-

No increase in Pines fees for water, wastewater Trash transfer station permits jump to $100, liquor revenue to decline erating budgets for the OPSA and the ten other service areas operated by the Worcester County Water and Wastewater Division, assessments, user charges and other charges. In addition to user fees, assessments will be levied in the Ocean Pines Service Area and sub service areas to make debt payments.

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The quarterly domestic minimum charge in the OPSA will remain at $133. The fee includes a $99.75 fee for wastewater service and a $33.25 fee for water service. The scale for usage per thousand gallons begins at 40 cents for 10,000 gallons or less for water and $1.20 for 10,000 gallons or less of wastewater usage. The county will also keep in place the rate structure for commercial users in the Ocean Pines Service Area. The cost is based on the number of EDUs for each commercial property and an average usage of 10,000 gallons per month in a building with 18 fixtures. One EDU would be $150, two at $210, three to 13 at $270, 14 to 24 at $400 and 25 or more at $500. No changes are proposed to the hookup fees in the OPSA, which vary depending on the section of Ocean Pines. Along with the user fees, assessments will be levied in some service areas in Ocean Pines. Standard assessments for debt service in the OPSA are $54 per equivalent dwelling unit per quarter. The South Ocean Pines Sub-Area rate for debt service is $30 per equivalent dwelling unit each quarter. All assessments are made on an equivalent dwelling unit basis. An EDU is a

measurement which is approximately the same amount of water and sewer flow at an average single family residence. The purpose of EDU assessments in the service area or sub-area is to collect funds to pay any debt related to the acquisition or construction of sanitary facilities. The OPSA’s total revenue is budgeted at $6.12 million for FY 15, including $5.57 million in charges for water and wastewater service, $75,000 in penalties and interest, $166,000 in other revenue and $309,000 in transfers from reserves. The proposed solid waste enterprise fund operating budget maintains the current solid waste tipping fees of $70 per ton for municipal waste and $80 per ton for construction and demolition debris. The homeowner transfer station permits are proposed to increase from $60 to $100 for the first vehicle, remain at $15 for the second vehicle and increase again $60 to $100 for additional vehicles within each household. The operating fund budget for the liquor control enterprise fund is $13.19 million, down from $15.66 million in FY 14. The proposed budget keeps intact pricing and gross profit at the retail store level and will continue the practice that file-offs and bulk purchase discounts are passed through to the wholesale licensees. The payout of net income to the county and municipalities is anticipated at $278,214, a decline from the FY14 of $558,999.

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WORCESTER COUNTY

June - Early July 2014 Ocean Pines PROGRESS

School board supports plan to build new Showell Elementary New Construction, renovation estimated to cost roughly the same By ROTA L. KNOTT Contributing Writer ased on a consultant’s review, the Worcester County Board of Education has agreed to move forward with planning for the construction of a new Showell Elementary School. During a May 20 meeting, the school board reviewed the results of the Showell Elementary School feasibility study and accepted the architect’s recommendation to proceed with the design of a replacement school at an anticipated cost of about $37 million. In January 2014, an architectural and engineering team led by Becker Morgan Group began the feasibility study for the school. The purpose of the study was to identify and document building and instructional space deficiencies, develop options to address those deficiencies and make a recommendation as to which option will best address the deficiencies. The consultant determined that the construction costs were comparable for renovating and expanding the existing school versus building a completely new facility. Because of the extensive nature of the renovations and expansion that would be required, the cost of that option was anticipated at $36.8 million.

On the other hand, the consultants said a brand new school could be constructed on the same SES property for slightly more at $37.4 million. Overall, after including design and management fees, playground equipment, movable equipment, portable classrooms, phasing of the renovations and additions, technology costs and miscellaneous costs like inspection fees, it will be less expensive by about $4 million to build a new school than renovate and expand the old one. The cost of keeping the current building but renovating it and adding on was $44.8 million while the total estimated cost of building a new SES was just $40.9 million. A nearly $4 million expenditure for phasing the construction work to expand and renovate the existing building accounts for the difference in cost. A major renovation and addition or replacement school project at SES has been prioritized in both the school system’s educational facilities master plan and the capital improvement program for many years. It is listed for the design phase following the start of the Snow Hill High School renovation and addition project, which has just gotten under way. Showell Elementary School was built in 1976 and had a small addition in 1990; however, the school’s current educational program requirements greatly exceed the square footage available. Al-

though the school is intended to house pre-kindergarten through grade 4, students in grade 4 were relocated to Berlin Intermediate School in 1999 to relieve overcrowding, and nine portable classrooms are currently used for instructional space. The school system plans to move grade 4 back to Showell once a new school is built. In addition, the cafeteria relies on four lunch sittings and also serves as the gymnasium and auditorium. As of September 2013 enrollment at SES was 566 students or 102.2 percent of the school’s state-rated capacity. The feasibility study is the first step of the planning efforts needed to provide a facility that fully meets educational requirements. Although it says the school is well maintained, the study found major deficiencies in building systems, ADA compliance, parking and vehicle circulation, support spaces like the kitchen, and, of course, instructional spaces. In addition to noting that the number of classrooms is insufficient, the study says the classrooms are too small for instructional programs, do not meet program standards, many do not have windows and have no interior doors, resulting in security and acoustical issues. The replacement school option recommended by the consultant offers the alternative of a replacement facility, the

removal of the existing building, and the reworking of vehicular and pedestrian circulation on the site. It would allow the staff and students to move one time, to the completed school. The option for renovation and additions included a classroom wing addition, a food service area addition, a gymnasium addition, and complete demolition and renovation of the interior of the existing building. It also included exterior upgrades as well as the reworking of vehicular and pedestrian circulation on the site. It would require more portable classrooms be brought to the site during phased construction and also the relocation of a portion of the staff and students first from the existing school and then to the completed project. Neither option was intended as a final design, but evidence that the existing school cannot efficiently or economically be upgraded to the educational program requirements was eventually established. The actual direction of the design will be determined after educational specifications are finalized. While the existing SES building is structurally sound, the engineers found that it requires major health, safety and energy code upgrades, as well as state and county educational standard upgrades, which can only be successfully accomplished through construction of a replacement facility.

36 Ocean Pines PROGRESS

WORCESTER COUNTY

June - Early July 2014

School board OKs discipline, social media regulations

career complications. The Maryland State Department of Education passed new discipline regulations in January 2014. As a result, local educational agencies are to update their policies to reflect these discipline regulations. Because the state regulations differ sharply from the way Worcester

County has traditionally handled disciplinary actions, the school system had to do a complete rewrite of its policy. “The Worcester County Board of Education strives to establish and maintain a safe environment conducive to learning, which preserves the rights of all individuals as students, employees,

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spectators at events, or as visitors to its facilities and activities,” the new policy states. The objective of the school board’s new code of conduct is to “enhance the learning opportunities of the students in its charge and, to ensure a safe environment which provides equal opportunities for all individuals by clearly defining the parameters governing the actions of students, faculty members, and staff…” The discipline policy applies to all students while on school property or attending school-related activities, including on school buses, at bus stops, school-sponsored events, field trips, athletic functions, or any other activity where school administrators have authority over students. Superintendent of Schools Jerry Wilson said the purpose of revised discipline regulations is to keep more kids in school. The new policy is a departure from some of Worcester County’s earlier practices regarding zero tolerance, resulting in students dropping out of school or becoming incarcerated for criminal activity. The state’s revised regulations are designed to keep students in school and maintain progress toward graduation, while strengthening school safety. Studies have shown that students who drop out of school are at high risk of being

By ROTA L. KNOTT Contributing Writer n response to a state mandate, the Worcester County Board of Education on May 20 adopted a new discipline policy designed to keep students enrolled and attending school so that they may graduate college and not faced

WORCESTER COUNTY

Voters will pick top candidates in contested commissioner races

Republican primary will determine winner of District 6 seat, trio of challengers fight it out in District 5

Pines districts, 5 and 6, have contested races in the June 24 primary election, with a handful of newcomers seeking to capture the seat being vacated by Judy Boggs and a former elected official seeking to unseat the man who booted her from office. A trio of Republican 1 5/22/14 10:55 AM candidates Page 1 is seeking to win the party nomination

for the District 5 seat currently held by Commissioner Judy Boggs, who is not seeking another term. They are former Ocean Pines Association Director Ray Unger, newspaper publisher Chip Bertino and Grant Helvey, who has made government spending and taxation the thrust of his campaign.

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• Raised in Ocean City and a Stephen Decatur High School Graduate • Parents, Tony & Mary Pat Carozza, and sister, Kim Wootten & her family, live in Ocean Pines • Deputy Assistant Secretary of Defense for Legislative Affairs, serving under the leadership of Secretary Donald Rumsfeld and President George W. Bush • Deputy Chief of Staff to Maryland Governor Bob Ehrlich • Longtime parishioner of St. Mary Star of the Sea Catholic Church in Ocean City

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By ROTA L. KNOTT Contributing Writer ith six candidates vying for the Ocean Pines based seats on the Board of Commissioners, Worcester County is in the midst of one of the busiest and most contentious election in 1012 OP Progress adseasons 2_Layout more than a decade. Both of Ocean

incarcerated. As a result the state is attempting to increase student retention by revising the disciplinary regulations. Under the new policy at the county level, students receiving an out-of-school suspension or expelled will receive daily classwork and assignments from each teacher, which will be reviewed and corrected by teachers on a weekly basis and returned to the student. At each school a staff person will be the liaison between the teachers and the various students on out-of-school suspension or expulsion and communicate weekly about classwork assignments and school-related issues by phone or email with those outof-school suspended or expelled students and their parents. Suspensions may be used when a student poses an imminent threat of serious harm to other students or staff, or when a student is engaged in chronic or extreme disruptive behavior. A principal may suspend a student for up to ten consecutive school days for each offense. Only the superintendent or his designee has the authority to issue suspensions exceeding ten consecutive school days. Students who engage in chronic, disruptive behaviors, or display behaviors that serve as major disruptions in school will be referred to the school’s Pupil Services Team or Individual Educational Program Team for review. Those teams will be in charge of making recommendations for placing students in programs not offered within the school, such as alternative education. The school board also approved a new social media policy to define the parameters of professional and personal social media use in the schools. The policy provides required practices for professional social media communication between employees and personal social media communication between employees and students or their parents. The guidelines will apply to all school system employees, who are required to maintain separate professional and personal e-mail addresses and are prohibited from using their personal e-mail address for professional social media activities. The policy establishes guidelines for employees who work with students and communicate with students through professional social media sites. They include designing professional social media sites that are school-based to address reasonable instructional, educational, or extra-curricular program matters, notifying parents about the professional social media sites, getting approval for the site and giving principals or their designees administrator rights. Students who participate in professional social media sites cannot post photographs featuring other students. Personal social media use between employees and students is discouraged. “In order to maintain a professional and appropriate relationship with students, employees should limit personal social media communication and other postings with students,” the policy states.

June - Early July 2014 Ocean Pines PROGRESS

38 Ocean Pines PROGRESS Primary election From Page 37

WORCESTER COUNTY

June - Early July 2014

The winner will face Democratic challenger Tom Wilson, current board chairman of Diakonia homeless shelter, in the general election. Incumbent Republican Commissioner Madison “Jim” Bunting is hoping to retain his District 6 seat but will have to defeat challenger and former Commissioner Linda Busick in the primary to do so. Bunting unseated Busick in the 2010 election to earn his spot on the county’s governing body. No Democratic Party candidate filed in District 6 so the primary race will decide the winner. Another hotly contested race is

in District 4. Sitting Commissioner Virgil Shockley, a Democrat, has no competitors in the primary but has a trio of Republicans that will do battle in the primary for the ability to challenge him come November. Republicans filing for the position are local winery owner Kathryn Danko-Lord, school bus contractor Ted Elder and arts and marketing professional and publisher Molly Hilligoss. Only one Republican and one Democratic candidate have filed in the minority-majority District 2 race, so voters will get to choose between candidates of opposing parties in the general election. Republican Lorraine Purnell-Ayres will face off against Democrat Diana Purnell

for the seat currently held by Commissioner James Purnell, who is not seeking reelection. Similarly, in the primarily West Ocean City and Berlin area District 3, Republican incumbent Commissioner James “Bud” Church has no competition in the primary. He will take on Democratic challenger Michael Stewart Maykrantz in the general election. The commissioner seats for both districts 1 and 7 have already been secured by the single candidates who filed in those races. In the Pocomoke area District 1 incumbent Republican Merrill Lockfaw will retain his position and in the District 7 Republican Ocean City Councilman Joseph Mitrecic

ELECT

G. Jeffrey (Jeff) Knepper Ocean Pines Association Board of Directors

G. Jeffrey (Jeff) Knepper

My name is Jeff Knepper and I am running for a seat on the Ocean Pines Association Board of Directors. I was appointed to the Board in February, 2014 to fill out the term of long-time Director, Dan Stachurski. My wife, Kimberly, and I have owned property in Ocean Pines since 2000, and moved to Colonial Village in 2006. We resided in Florida for a brief time from late 2008 until mid 2011, but have been full time residents in Ocean Pines ever since. Ocean Pines is our home! Let me tell you more about myself. I was born in Ohio in 1944 and lived all of my early life there. My mom and dad were typical parents of the time. My dad was a mechanical engineer and owned his own business. My mom was an artist and stay-at-home mom. As a teenager, I learned business operating principles working with my dad and I learned teamwork by being a member of several sailing crews that raced one-design sailboats on Lake Erie, the Finger Lakes of NY, and the TVA lakes of Tennessee. My parents instilled in me the values of honesty, hard work, and empathy and these have served me well over the years. I have managed groups of people ranging in size from 6 to 450, all with excellent operational and financial results, high morale, and very low turnover. I am considered by people with whom I have worked to be an expert in the application of technology to business operations, business risk management, and the ethical side of business operations, like Intel IT’s Code of Conduct programs. I am a fiscal conservative. This means that I believe OPA members’ money must be spent wisely on the things that matter to us and that the annual assessment must be as low as is consistent with that principle. If we build something, it should be of high quality to begin with and must then be operated and maintained prudently. By doing these things, we will get the highest possible return on our investments and the longest useful life from them. Well-run businesses operate in organized ways, and OPA should also. I will bring increased business-like principles to OPA and have already started to do that. In April, I created a process and form that the Board now uses to open and document its few closed meetings, as required by MD law. I am also a member of the only Board in OPA’s history to reduce assessments and I was the leader of that effort. While OPA issues change over time, some of the ones I see now are: Golf course operations - (I am working with BOD members and others to resolve this situation to our advantage); Information systems (we need new ones and I have already saved OPA money by changing our RFP); Yacht club performance - (a big investment that must now be operated well); Drainage - (I strongly supported a new team, with equipment, to work specifically on this); Country Club - (we must decide what to do, recognizing that this is closely related to our decision for Golf itself); OPA compliance with its own rules - (I have re-designed procedures that will improve effectiveness and might reduce turmoil); Amenity net performance - (improving this could reduce assessments); Beach Club (we need to improve it) I want to continue serving members of the Ocean Pines Association and ask for your vote to do so. Authority: Friends of Jeff Knepper, Dennis Hudson, treasurer

took the seat being vacated by retiring long-time Commissioner Louise Gulyas. Other highly contested races in the primary election are for the four of the nonpartisan Worcester County Board of Education positions in districts 1, 4, 6 and 7. In the western District 4, six candidates are trying to capture the open seat. Those candidates are Curtis Andrews, Scott Baker, Joyce Elder, Bill Gordy, Thom Gulyas and Ben Nelson. The two highest vote getters will move on to the general election ballot in November. Other races will be decided in the general election. Three incumbent school board members are hoping to retain their seats but face competition from a bevy of newcomers. In the partially Ocean Pines District 6, insurance agent Bob Hulburd is facing a challenge from Eric Cropper. Jr. Robert Rothermel, District 7’s incumbent and current school board president, is facing competition from two contenders, JeriLyn Holston and Al Schroeder. In District 1 incumbent Doug Dryden is unopposed in his bid for another four years in office. Five contenders are trying to secure the Clerk of Court’s job, which is being vacated by the retiring Stephen Hales. Republican candidates doing battle in the primary are Susan Braniecki, Ocean Pines’ Mary Burgess and Eric Mullins, while Democrats facing off against each other in the primary are J. Marie Bodley and Valerie Gaskill. The race for the job of Worcester County Sheriff will be determined in the Republican primary election, as incumbent Reggie Mason faces newcomer George Truitt. A group of Republican candidates will do battle for three open positions as Judge of the Orphans’ Court. They are Linda Hess, J. Franklin Knight, Jack Shook Jr., Dale Smack and Donald Stifler. The only Democratic candidate is Bill Shockley. The Worcester County State’s Attorney’s race has no primary competition. Republican incumbent State’s Attorney Beau Oglesby will have to defeat Democrat Michael Farlow, a former Worcester County deputy state’s attorney, in the general election to retain that job. Only incumbent Charlotte Cathell, a convert from the Democratic Party to Republican, is unchallenged in her bid for another term as Register of Wills. At the state level, there is only one primary race. In the Democratic primary for the new District 38C seat in the House of Delegates Judy Davis will face off against Mike Hindi of Ocean Pines. The winner will come up against Republican Mary Beth Carozza in November.

BUSINESS

June - Early July 2014 Ocean Pines PROGRESS

Berlin business finds a niche with homemade beer and wine

Shop offers supplies and on-site brewing classes By ROTA L. KNOTT Contributing Writer omething’s brewin’ in Berlin and it is mighty tasty. Whether you enjoy a cold beer on a hot summer’s day or a delicate glass of wine with dinner, Brew’s Up, a craft beer and wine making supply shop, has something for you. With a front door flanked by the halves of a wine barrel planted with hops, Brew’s Up is tucked in a cluster of buildings along Route 113 northbound just a short drive from Ocean Pines. The shop has everything novices need to get started making their own beer or wine at home and for the experienced brewer who wants to experiment with a variety of techniques and flavors – including a knowledgeable professional chef and master educator as the proprietor. Tony Hilligoss, along with wife Molly, of Snow Hill, opened Brew’s Up late last year and has seen a booming business as word spreads about all that the shop has to offer. Tony, a culinary arts instructor at Parkside Career and Technology Center and one of just three professional chefs in the area to receive the honor of being inducted into the American Culinary Federation’s American Academy of Chefs, started brewing beer just about three years ago after receiving a beer kit as a gift from Molly. While he said the beer that he made from that kit wasn’t very good, he was hooked on the process and started experimenting with a variety of home brewing kits, ultimately stepping up to a full brewing process. Now, he’s helping other beer and wine lovers learn to make their own brews. With Father’s Day just around the corner, Brew’s Up is offering the perfect gift for dear ol’ dad – brewing classes where dad can taste samples of the beer and wine kits available, select a kit and brew it onsite with help from Hilligoss. He will tend the concoctions while they ferment – starting at about two weeks, depending on the kit - and let dad know when they are ready. Hilligoss teaches weekly beer and wine making classes on premises yearround and offers parties for groups who want to learn to make and bottle the beverages. Beer making classes are held every Saturday at 11 a.m. and wine making classes are scheduled for Wednesday at 6 p.m. The classes are in high demand so reservations are required. Brew’s Up also has a full line of craft

beer and wine making supplies in an array of price ranges. Beer kits are available in extract and whole grain varieties and dozens of flavors, and can make 5, 10 or 15 gallons. For those looking to make their own flavors, the shop carries more than 30 different varieties of hops, base and flavoring grains, live and packaged yeasts, along with starter and advanced equipment. Wine kits come in more than 20 different flavors and make 30 bottles of wine. Processing equipment and packaging supplies, including a colorful line of bottles and seals, are also available. Brew’s Up is already attracting attention from across the region, with customers coming from not just the Berlin area but across the region. Hilligoss is happy to ship his products to those who can’t make the drive to the shop.

Tony and Molly Hilligoss in Brew’s Up, their shop in Berlin that offers brewing supplies and on-site classes brewing beer and wine.

You can find Brew’s Up at 9028 Worcester Highway, Building C in Berlin. Call 443-513-4744, email homebrew@brewsup.net or visit them online at www.brewsup.net. Regular store hours are Wednesdays to Friday 2 to 7 p.m., Saturdays 9 a.m. to 5 p.m., and Sundays 11 a.m. to 3 p.m.

40 Ocean Pines PROGRESS

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GOLF COURSE LOTS

$3,888 2/453 Mostly Cleared, W & S $4,000 2/377 Cleared, Alt. Septic $13,000 2/302 Cleared, Septic Approved $13,500 2/107 Wooded, Septic Approved $13,900 2/340 Cleared, Septic Approved $14,000 2/136 Wooded $15,000 2/221 Cleared, Approved Septic $15,000 2/206 Cleared, Approved Septic

INTERIOR LOTS

$2,000 7/231 Wooded $2,500 7/297 Cleared, Septic Approved $2,500 1/1080 Wooded $2,500 3/1804 Wooded $3,000 10/131 Wooded $3,500 3/1713 Wooded $3,500 4/2266 Wooded $3,500 3/1837 Wooded

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$79,900 3/1443 Cleared canal w/ 60’ Bulkhead (477567)

$3,500 3/1840 Wooded $3,500 3/1841 Wooded $3,500 7/200 Cleared $3,500 7/203 Cleared $3,500 1/841 Wooded $3,500 4/1886 Wooded $3,500 4/1900 Wooded $3,500 4/1902 Wooded $3,500 5/2383 Wooded $3,500 6/41 Wooded, Alt Septic $3,500 1/1117 Wooded $3,500 7/1571 Wooded $3,500 7/1754 Wooded $3,500 7/45 Wooded $3,500 7/ 172 Cleared $3,500 7/ 50 Wooded $3,500 7/53 Wooded $3,500 7/60 Wooded $3,500 10/140 Wooded $4,900 5/2442 Wooded, Septic Approved $5,000 11/101 Wooded, Septic Approved $5,000 4/1962 Wooded, Septic Approved $5,000 4/2002 Wooded, Septic Approved $5,000 6/17 Wooded, Septic Approved

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$79,999 1/1195 Cleared $80,000 3/1290 Canal, w/100’ Bulkhead Cleared canal w/60’ (487087) Bulkhead (489511)

$5,000 9/20 Cleared $5,000 7/275 Cleared $5,000 11/85 Wooded $5,000 11/7 Wooded $5,000 4/2092 Wooded $5,000 5/19 Wooded $5,000 6/45 Wooded, Septic Approved $5,000 5/41 Wooded, Septic Approved $5,000 4/2039 Wooded $5,000 4/2155 Wooded, Septic Approved $5,000 8/48 Cleared $5,000 7/207 Cleared, Septic Approved $5,000 4/ 2104 Wooded, Septic Approved $5,000 1/471 Wooded $5,000 9/43 Cleared, Septic Approved $5,000 4/1964 Wooded $5,000 5/2473 Wooded, Septic Approved $5,000 9/163 Cleared, Septic Approved $5,000 5/2562 Wooded, Septic Approved $5,000 3/1604 Cleared $5,000 11/97 Wooded, Septic Approved $5,000 1/802 Cleared $5,000 1/806 Wooded $5,000 11/27 Wooded

$99,000 3/1311 $99,900 1/940 Cleared Bayfront w/60’ Cleared Canal w100’ Bulkhead (489461) Bulkhead (482548)

$5,000 8/4 Cleared $5,000 4/2338 Wooded, Septic Approved $6,000 6/12 Wooded $6,000 4/2213 Wooded $6,000 4/2154 Wooded $6,000 1/1250 Wooded, W & S $6,000 9/127 Wooded, Septic Approved $6,500 8/51 Cleared Septic Approved $7,900 4/2177 Wooded, Septic Approved $8,000 9/38 Cleared, Septic Approved $8,500 8/38 Cleared $8,500 11/2 Wooded $8,500 11/3 Wooded $8,500 11/4 Wooded $8,500 11/14 Wooded $8,500 9/101 Wooded $8,500 9/66 Cleared $8,900 3/1723 Wooded, Septic Approved $8,900 11/10 Wooded, Septic Approved $9,000 7/99 Cleared $10,000 3/1640 Cleared, Septic Approved $10,000 5/74 Wooded, Septic Approved $11,500 1/ 1252 Wooded, W & S

2014 BRER Affiliates, Inc. An independently owned and operated broker member of BRER Affiliates Inc. Prudential, the Prudential logo and the Rock symbol are registered service marks of Prudential Financial, Inc., and its related entities, registered in many jurisdictions worldwide. Used under license with no other other affiliation with Prudential. Equal Housing Opportunity. Prudential PenFed is an independently owned and operated member of BRER Affiliates, Inc. PenFed membership is not required to conduct business with Prudential PenFed Realty

CAPTAIN’S COVE

June - Early July 2014 Ocean Pines PROGRESS

Voting rights of homeowners on Cove hearing agenda By TOM STAUSS Publisher o those Captain’s Cove association members who plan on attending the scheduled June 24 board of directors meeting, be forewarned: This one’s going to involve more skirmishing between Cove president Tim Hearn and perhaps his most determined critic, former Cove board member John Ward. Such skirmishing, usually polite but sometimes resulting in Hearn not quite succeeding in keeping his frustration in check, has been standard fare in recent Cove board meetings. The June 24 agenda already includes policy or management items where they are sure to butt heads. One involves a schedued noon special hearing over whether Virginia law requires property owner associations such as the one that manages Captain Cove to be governed by a board of directors elected only by homeowners. Ward has discovered a Virginia statute that he says mandates that POA boards be elected by homeowners only. From its inception in the 1970s, Captain’s Cove has been managed by a board elected by homeowners and lot owners together. More recently, developer interests went to court to ratify another feature of long-standing Cove governance: the right of the original developer, called the declarant in founding documents, and its successors to cast votes in annual board election on the basis of three votes for every developer-owned lot. That is the current court-sanctioned practice and the reason that Hearn and two other current board members serve on the Cove board at present. They can influence the election of other board members by employing the three-forone provision. In essence, developer interests control the board and Cove management, and that does not sit well with some Cove residents, especially those who served in positions of authority before the arrival of Hearn and his colleagues. “At the Cove we have never had an election by homeowners only,” Ward said in some recent email to the Progress. “I think we should go by the law and elect our board by homeowners. We have about 900 homes (in the Cove). I’m sure the people who wrote this law knew the difference between a lot and a home.” There also is likely to be discussion over another area of disagreement between Ward and Hearn over Ward’s opinion that Billy Casper Golf has not been doing such a great job of managing Cove amenities. Ward resigned from the board more than a year ago over disputed golf cart usage and other disagreements about BCG’s management of the golf course. Ward was tossed off an advisory committee more recently because, according to Hearn, he had used the position to harass BCG staff for information and may

have crossed the line into abusive behavior, an assertion vehemently denied by Ward. He said he was just doing his job as an independent committee member trying to gather information. Financial information posted on the Cove association’s Web site can be murky at best, not easily understood by the layman, and more of that sort of data has been posted as an exhibit around which a discussion of BCG’s management of Cove food and beverage operations will occur at the June 24 meeting. In anticipation of criticism that might be publicly made by Ward and others at the meeting, Hearn recently issued what might be construed as a preemp-

tive strike, an email in which he defended BCG’s ability to control costs relative to revenue. At the April meeting of the Cove board, he acknowledged that revenues had fallen behind budget by about $40,000, some of which he thought could be made up over the summer. Ward and like-minded Cove residents have said that much of the menu at the Cove’s Marina Club restaurant is overpriced, beyond the means of many Cove association members. Hearn has countered that to reduce prices will mean that gross margins will decline to such an extent that the resulting losses will be a drag on the Cove’s overall finances. In his recent email to Cove board

members and other interested individuals, Hearn said “there will always be complaints and concerns about the pricing policies for food and beverage items” at the Marina Club and the snack bar at the Town Center. “I thought it would add some value to the continued dialogue” that occurs on Facebook, the Cove Web site, and Cove board meetings, “when it comes to the dialogue about ‘why can’t things go back to when they were cheaper, in the past,’ as well as, ‘why do we have to pay so much?’ for menu items, he said. As he has said previously, Hearn reiterated in his email that BCG has “im

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CAPTAINâ&#x20AC;&#x2122;S COVE

June - Early July 2014

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Residential & Commercial

that the documents and processes were 24 meeting is an updated comparative Web site. He challenges Wardâ&#x20AC;&#x2122;s interpretation not followed appropriately at that time,â&#x20AC;? review of past income statements, with of the association act and also said that he said. the statistics from 2009-2014 included. From Page 41 Concerning what he said was Wardâ&#x20AC;&#x2122;s For the four years prior to the BCG Ward, when he serving on the board as plemented a pricing standard which complaint that some Cove association is typical to the food and beverage in- management structure, Hearn said, a secretary, was complicit in the board dustry, and has done so at the direction negative margin of close to $400,000 oc- action that transferred the documents hard copy files are being stored impropcurred, which played a significant part from an undesirable and unsafe location erly in an Iron Mountain document storof the board.â&#x20AC;? He said the goal is to deliver a gross (from 21-35 percent) in the overall op- in the Cove to a secure, safe facility in age facility in Jessup, Hearn said that â&#x20AC;&#x153;this vendor was approved after the failprofit margin of 20-30 percent, after de- erating losses for the Cove Association Jessup. â&#x20AC;&#x153;The reference to Section 55.509.2 ings of the onsite storage process were ducting for the direct labor costs and during that period. Also on the agenda for the June 24 â&#x20AC;Ś has to do with the transition process documented in the fourth quarter of costs of goods sold. board meeting is a complaint from Ward from the original developer/Declarant of 2012,â&#x20AC;? including â&#x20AC;&#x153;a lack of records, moisSetting prices to secure that gross profit, eliminating labor costs when the that the Cove is storing important Cove the community to the Association, and ture control, security access, etc.â&#x20AC;? Hearn said that the Iron Mountain revenue is not there, and controlling in- documents in a Jessup, Md., facility, con- the documents and process which the facility is managed by an international ventory and food waste are some of the trary to Section 55.509.2 of Virginiaâ&#x20AC;&#x2122;s Declarant is required to follow at that document storage company with over time,â&#x20AC;? Hearn said. key metrics which are important to at- property owner association act. H Ĺ&#x152;Ĺ°Ä&#x20AC;Ä&#x201D;Ĺ&#x2019; DĂ¨Â¨Â˝ĂžÄ˝Â˝Âł A hearing on the complaint is schedFor the H Cove association, that transi- 1,000 facilities worldwide and is accestaining those percentages,â&#x20AC;? Hearn said DĂ¨Â¨Â˝ĂžÄ˝Â˝Âł Ĺ&#x152;Ĺ°Ä&#x20AC;Ä&#x201D;Ĺ&#x2019; H Ĺ&#x152;Ĺ°Ä&#x20AC;Ä&#x201D;Ĺ&#x2019; DĂ¨Â¨Â˝ĂžÄ˝Â˝Âł sible by Cove association staff and ven4ĂžÄ˝Ĺ&#x2022;Ä¸Â˝Âł for noon in the Marina Clubâ&#x20AC;&#x2122;s ban- tion occurred 42 years ago, in 1972. in hisÂ&#x201C; email. Â&#x201C;uled 4ĂžÄ˝Ĺ&#x2022;Ä¸Â˝Âł â&#x20AC;&#x153;There H Ĺ&#x152;Ĺ°Ä&#x20AC;Ä&#x201D;Ĺ&#x2019; Â&#x201C; 4ĂžÄ˝Ĺ&#x2022;Ä¸Â˝Âł DĂ¨Â¨Â˝ĂžÄ˝Â˝Âł H Ĺ&#x152;Ĺ°Ä&#x20AC;Ä&#x201D;Ĺ&#x2019; DĂ¨Â¨Â˝ĂžÄ˝Â˝Âł is no information which has dors. Posted on the Cove Web site in an- quet room. Hearn has already posted his Â&#x201C; 4ĂžÄ˝Ĺ&#x2022;Ä¸Â˝Âł Hearn said that the decision to transÂ&#x201C; 4ĂžÄ˝Ĺ&#x2022;Ä¸Â˝Âł response to the complaint on the Cove been made available that would indicate ticipation of discussion during the June fer the documents to Jessup was made at the boardâ&#x20AC;&#x2122;s Dec. 20, 2012, board meeting, when â&#x20AC;&#x153;Ward was the secretary of the board of directors and offered nothing H Ĺ&#x152;Ĺ°Ä&#x20AC;Ä&#x201D;Ĺ&#x2019; DĂ¨Â¨Â˝ĂžÄ˝Â˝Âł but support for such a decision.â&#x20AC;? Â&#x201C; 4ĂžÄ˝Ĺ&#x2022;Ä¸Â˝Âł He also wrote up the minutes of the meeting when the decision was made, Hearn said, adding that the minutes - 02 $"2/$ -/$ 00 $" 0r Ăż - 02 -/$ 00 $" 0r were approved the following January. - 02 $"2/$

$"2/$ -/$ 00 $" 0r Ăż Ăż - 02 $"2/$ -/$ 00 $" 0r Ăż The Cove association â&#x20AC;&#x153;maintains con- 02 $"2/$ -/$ 00 $" 0r Ăż trolâ&#x20AC;? over all Cove records, both onsite, offsite, and in cyberspace, he concluded. Ward told the Progress that the June 24 hearing has much less to do with document storage and much more to do with the Virginia statute that he says - 02 $"2/$ -/$ 00 $" 0r Ăż precludes unimproved lot owners from participating in Cove board elections. â&#x20AC;&#x153;Tim turned this into a debate over storage,â&#x20AC;? Ward said. â&#x20AC;&#x153;I donâ&#x20AC;&#x2122;t care about storage, so long as documents are kept safe and accessible.â&#x20AC;?

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Homeowner rights

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June - Early July 2014 Ocean Pines PROGRESS

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44 Ocean Pines PROGRESS

LIFESTYLES

June - Early July 2014

Friday, June 13 Ocean Pines Garden Club’s annual garden tour. The club is asking Ocean Pines homeowners to consider placing their garden on the tour. Large or small, cultivated or “natural,” formal or informal -- all gardens are given consideration. Homeowners will be given the opportunity to have an artist painting “plein air” in their gardens during the tour and will also be invited, as guests of the garden club, to the luncheon immediately following the tour. Tuesday, June 17 The Worcester County Commission for Women, monthly meeting, 5-6:30 p.m., Board of Education office, 6270 Worcester Highway, Newark. The meeting is open to the public and women of all ages are invited to attend. Volunteers needed for short-term assignments such as grant writing, fundraising, and event planning. Chairman Donna Main at 410-632-5040. Thursday, June 19 Pine’eer Craft Club monthly meeting, 9:45 a.m. refreshments, 10 a.m. business meeting, craft to follow. Guests welcome. June craft: lace handkerchief greeting card. $3, RSVP Louise 410-430-0284. Saturday, June 14 The Ocean Pines Anglers Club’s monthly meeting, 9:30 a.m., Ocean Pines library. The speaker will be Dr. Kevin Chu, who has worked for the National Marine Fisheries Service for 20 years and is the head of the new Stakeholder Engagement Division of the Greater Atlantic Regional Fisheries Office. He will speak about lessons learned at the recent recreational fishing summit and plans by his office to increase efforts to connect with recreational fishermen. All welcome. Monday, June 23 Job fair for registered nurse candidates interested in working with Atlantic General Hospital and Health System. Atlantic General Hospital, cafeteria. 8 a.m.-2 p.m. Those interested can email jobs@atlanticgeneral.org or call Human Resources at 410-641-9612 to register. Thursday, June 26 Republican Women of Worcester County’s June general meeting and luncheon, Ruth’s Chris Steak House, Berlin, 11 a.m. Featuring guest Laura McDermott, wife of Maryland Delegate Mike McDermott, speaking on the life of a political spouse. $17. Reservations deadline June 24; Ann Lutz at 410-2089767 or annlutz@verizon.net Tuesday, July 8 Ocean City Power Squadron free boating safety class, Ocean Pines Community Center, Marlin Room, 7-9 p.m. Instructor Bela Gulyas, advanced pilot. Limited classroom space. 410-6418040 or 410-208-9747 for reservations.

HAPPENINGS Saturday, July 12 Kiwanis Club’s bingo night, Ocean Pines Community Center, doors open 5 p.m., games start 6:30 p.m. Tickets in Advance $20, at the door $25. Food for sale, $200 and $50 bingo games, door prizes, 50-50, and scratch-offs. Proceeds benefit the youth of the community. Mary Lee at 410-208-4181 or Mary at 302-537-3455. Saturday, Aug. 2 7th Annual Flounder Fishing

Tournament, sponsored by the Ocean Pines Chamber of Commerce. Cash prizes. Participants can fish from the shore, pier, private boat, flounder party boats or charter boats, between 7 a.m. and 3 p.m. Weigh-in at Pines Point Marina from noon to 4 p.m. Free tee-shirts for first 100 entries. Anglers must be registered for the contest by Aug. 1 at 3 p.m. to participate. Entry forms available at the Ocean Pines Chamber of Commerce office, 11031 Cathell Road Berlin, or online on the Chamber website. Entry fee is $35 per person with discount for multiple fishermen. 410-641-5306 or info@

OceanPinesChamber.org. Ongoing Beer and wine-making classes, Brews Up, 9028 Worcester Highway, Berlin, Wednesdays and Saturdays and by appointment. 443-513-4744 for information and schedule. Pine Tappers free adult tap dance classes, Tuesdays, 2-3:30 p.m., Ocean Pines Community Center. Exercise and have fun with choreographed tap dancing routines. From 2-2:30 p.m., brush up on basic techniques and a review of the routines, then join the regular class from 2:30-3:30 p.m. Every week or drop-in as convenient. Lori at 410-251-2162

June - Early July 2014 Ocean Pines PROGRESS or tntandcompany@gmail.com. Ocean Pines Ping Pong Club, Ocean Pines Community Center, Monday noon to 2 p.m, Wednesday and Friday noon to 3 p.m. In the summer schedule changes to evenings. All levels of players welcome. Neil Gottesman, 732773-1516. Suicide Grievers Support Group, 3rd Wednesday every month, 6 p.m., Worcester County Health Department, Healthway Drive, Berlin, adjacent to Atlantic General Hospital. Open to anyone who has lost a friend or loved one to suicide. Free of charge. Quiet listening, caring people, no judgment. 410-629-0164. The Kiwanis Club of Greater Ocean Pines - Ocean City meets weekly at 8 a.m. on Wednesdays in the Ocean Pines Community Center. Doors open 7 a.m. Sanctioned duplicate bridge games, Ocean Pines Community Center, Sundays 1 p.m., Mondays noon, Tuesdays 10 a.m. Partners guaranteed. $5, special games $6. Third Sunday of every month is Swiss teams (no partner guaranteed for teams). Felicia Daly, 410208-1272; Pat Kanz, 410-641-8071 The U.S. Coast Guard Auxiliary, Flotilla 12-05, meets the first Monday of each month at 7:30 p.m. in the U.S.C.G. Station, Ocean City. Visitors and new members are welcome. Dennis Kalinowski, 410-208-4147. Web site http:// a0541205.uscgaux.info. Kabbalah class with Saturday services, coffee, juice and bagels, 9:30 a.m., Saturdays, Temple Bat Yam, 410641-4311. Life after loss support group, second and fourth Tuesday of each month at the Community Church at Ocean Pines, 11227 Race Track Road, Berlin, 11 a.m. Help in coping with any type of loss. 410-641-5433. Worcester County Democratic Club meeting, fourth Thursday of each month, 7 p.m., Marlin Room of Ocean Pines Community Center. No December meeting. Club membership is not required. All those interested in Democratic platforms and agendas are welcome. Beach Singles, every Thursday, 4-6 p.m., Castaways, Coastal Hwy. at 64th Street, Ocean City, 45+ singles for socializing and monthly activities, 302436-9577. Republican Women of Worcester County, fourth Thursday of each month, 11 a.m. meeting (doors open at 10:30), lunch at noon, local restaurants. For information, call membership chair Barbara Loffler at 410-208-0890. January through June, and again September and October. Dinner meeting in November. No meetings July, August and December. YOGA, James G. Barrett Medical Office Building, Berlin, rotunda, Tuesdays 5:30-6 p.m. All levels welcome. Contact Georgette Rhoads at 410-641-9734 or grhoads@atlanticgeneral.org with any questions. Cost: $72 for 8 sessions, or $10 drop-in fee for first time.

Star Charities

Star Charities members got together May 8th at Ocean Downs to finalize plans for their annual Western Night dinner and entertainment. This year’s event will be held at Ocean Downs July 10th with proceeds to Coastal Hospice. Tickets are $26. Interested persons can contact Anna Foultz (410-6417667) or Barbara Mazzei ( 410-208-0430) for tickets. Pictured left to right are: Sharon Sorrentino, Star Charities President Anna Foultz, Barbara Mazzei, Ocean Downs Executive Director of Hospitality John Soysal, and Ocean Downs Director of Marketing Crystal Layton.

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46 Ocean Pines PROGRESS

June - Early July 2014

COMMENTARY A modest proposal for some OPA member give-back Instead of (or perhaps in addition to) huge expenditures in time and angst debating these deficits, the board of directors could implement a modest give-back to OPA members in good standing as a “thank you” for their subsidy support of amenities that many don’t use with any frequency. erosion that resulted from the unavailability of this popular pool destination for much of the season. As for golf, healthy skepticism remains about whether this fiscal year’s budgetary rosy scenario will prove to be any more accurate than previous year’s. Management and the board of directors majority glosses over these not-so-good numbers from the fiscal year that ended this past April 30, preferring to focus on the overall OPA bottom line. That was a modest $14,687 positive variance to budget for the year. Fair enough. But the surplus was well above $100,000 in recent months. April, we should stipulate, was a poor month financially; it wiped out most of the surplus that had been accumulated earlier in the year. It can be argued that amenity losses in these key

departments, offset partially by surpluses in other departments such as Beach Club parking and marina boat slip rentals, go with the territory; owning property in Ocean Pines includes availability of a substantial array of amenities that presumably attracted most of us here to begin with. Some of these amenities produce operating surpluses for the OPA; others don’t. As a community, we tend to focus on those that don’t. That’s because if losses in golf, aquatics and the Yacht Club were not so large, subsidies would not be necessary and the annual lot assessment could be lower. Not that it would be, only that it could. Instead of (or perhaps in addition to) huge expenditures in time and angst debating these deficits, the board of directors could implement a modest giveback to OPA members in good standing as a “thank you” for their subsidy support of amenities that many don’t use with any frequency. Here’s how it could work. Losses in golf ($326,048), aquatics ($209,277) and the Yacht Club ($202,349) totaled $737,674 last year, according to the unaudited financial report for April. Based on a property owner base of 8,440 – that could be more or less depending on how many lots actually contribute annual assessments to the OPA – the subsidies in these losing amenities equate to $87.40 per property. That $87.40 could be rebated to every property

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s an article elsewhere in this edition of the Progress spells out in detail, OPA management did not do a particularly good job of estimating projected year-end deficits in golf, aquatics and Yacht Club operations at the three-quarter mark into the fiscal year. All three departments did considerably worse than they were supposed to, according to unaudited financial reporting for this past April, the last year in the fiscal year. For instance, the three-quarter-mark guesstimate had golf losing only $230,000 for the year, a number that had ballooned to a $326,048 loss (unaudited) in the final numbers. Yikes. Only the second worst performance for golf in the history of Ocean Pines. The story is much the same for aquatics and the Yacht Club. Aquatics lost more than $200,000 for the year, its worst performance ever. The Yacht Club generated $202,349 in red ink, even being closed during the coldest winter months. There should be improvement in both the Yacht Club and aquatics this year. A new, much improved version of the Yacht Club is now in business, open to the OPA membership and general public; curiosity alone ought to be worth a substantial infusion in business and revenues. Aquatics should benefit from a full summer season of the Yacht Club pool in operation; membership and daily user revenue should recover from last summer’s

OPINION

No OPA member fees for boat ramps, please

ecent discussions by Ocean Pines Association policy-makers with respect to legitimate concerns about regaining OPA control over the White Horse Park boat ramp could lead to a misguided attempt by the Board of Directors to impose fees on OPA members who use the facility. This would be a mistake and ought to be resisted even after the facility is refurbished and rebuilt as anticipated later this year. Simply put, there is no reason or compelling rationale for the OPA to invent new ways to extract dollars from property owners, given the generous funding already provided by OPA members for certain administrative services and capital projects in Ocean Pines. The idea of imposing fees on OPA property owners who use what traditionally has been a no-charge amenity in Ocean Pines has been around for years, with a few diehard proponents who simply won’t give up. Their persistence is admirable, but their objective is not. Their logic is that since OPA members pay extra to play the golf course, use the tennis court sor the pools, then those who use the community boat ramps similarly should pay for the privilege. The logic and precedence fails to convince. There are plenty of amenities in Ocean Pines that have been historically no-fee, such as parks, biking and walking trails and playground equipment. Some functions at the Community Center similarly don’t impose fees, while many or most do. When casting about for relevant precedence, parks, trails and playground equipment would seemingly be more fitting examples than

the more capital-intensive golf, swimming and tennis amenities. True, the new dog park was partially financed by users who pay a modest annual access fee, but the key word is “new.” The White Horse Park boat ramp has been around since the earliest days of Ocean Pines unencumbered by OPA member fees. While it is to be hoped that the Board of Directors will resist the impulse (and the importuning of a few) to impose new boat ramp fees on Ocean Pines property owners, there is less compelling reason to avoid such fees on commercial users of the ramp or non-resident recreational boaters. Commercial boat sellers who routinely use the ramp to help them sell boats to those who live or own property outside of Ocean Pines have no standing to demand free use of an amenity bought and maintained by others. Similarly, boaters who live in Delaware or elsewhere in Worcester County have no cause to believe they’re entitled to free access to an OPAowned amenity. OPA members pay for the operational expenses related to the amenities in Ocean Pines and contribute to the reserve funds which maintain and replace them as needed. A modest contribution by outsiders is perfectly reasonable. That said, residents who live in the vicinity of the boat ramp are well within their rights to ask for better management of this amenity. Use of the facility for purposes other than the launching of boats – fishing, crabbing, sunbathing and teenage carousing have been mentioned – probably could use some gentle

owner in good standing in the form of a debit swipe card that would be available at the OPA’s membership office; OPA members would actually have to physically show up to claim their card as a way of getting them in the habit of visiting the membership office. Maybe in the future the experience will be so gratifying that more decide to buy annual memberships in the various amenities or learn how easy it is to replenish their swipe cards for daily-fee amenity visits.The swipe card could be used for three purposes: access to any of Ocean Pines’ five swimming pools, afternoon play on the Ocean Pines golf course, or towards a meal tab at the Yacht Club, Beach Club or Terns Grill. Because costs are involved in purchasing food and drink for meals, the swipe card could be used to defray no more than 50 percent or so of a meal tab. That’s it. Simple to understand and implement. There’s no reason to complicate matters by trying to account for this give-back program on OPA financial statements. This give-back program would add very little in costs to the OPA – some expenditures for debit card plastic, maybe some new equipment that can accurately debit the swipe card. Available technology is already being deployed at the swimming pools. The Board of Directors should direct the general manager to implement this rebate program as quickly as possible. The intangible benefit would be good will generated toward the OPA by its membership, perhaps less vitriol directed at OPA management for losses in key amenities. It would encourage use of the amenities by those who have gotten out of the habit of taking advantage of all Ocean Pines has to offer. If the experience is a positive one, it could generate more return visits at full freight. - Tom Stauss

June - Early July 2014 Ocean Pines PROGRESS

48 Ocean Pines PROGRESS

OPINION

June - Early July 2014

Bunting, Helvey would make a dynamic Snow Hill duo COMMENTARY

edia endorsements are probably over-rated as to how influential they are in helping to shape voter turn-out and election outcomes. Given entrenched polarization and the unwillingness of many to consider viewpoints outside their political comfort zones, it’s a wonder that endorsement editorials are even noticed nowadays except by those most plugged into the process – the candidates themselves. The Progress has for the most part eschewed the endorsement business in recent election cycles. Sometimes it seems as if, to coin a phrase, there’s not a dime’s worth of difference between candidates. In many cases it simply doesn’t matter much (except to the candidates) who prevails once the votes are counted: The level and quality of representation and governance outcomes are more or less the same, regardless of who wins. In the case of one contest for Worcester County commissioner, however, the normal inclination not to endorse would amount to cowardice and journalistic malpractice. These are public, paid positions, after all: Worcester County’s government oversees a lot of what happens in Ocean Pines, including water supply and wastewater treatment services, not to mention what size check property owners write to the county to cover property and local income taxes. Three candidates are vying in the June 24 Republican primary in Ocean Pines’ District 5, with the winner to face a Democrat in the November general election. One of the three, Grant Helvey, has many sterling qualities and viewpoints about government generally, along with a keen understanding of county budget issues. His is known for his zealous aversion to government acquisition of private property for public use, a position which is perfectly rational but mostly not relevant in Worcester County, which is hardly a hotbed of governmental land purchase overreach and disputes over eminent domain abuse. County budget and tax issues trump any other consideration in the current economic environment. There’s also a Republican primary contest in the Northern District 6, which includes a portion of Ocean Pines (west and north of Ocean Parkway from the North Gate to the Wood Duck Isle sections south of Route 90). In this instance, there is one candidate, incumbent commissioner Madison “Jim” Bunting, who is head and shoulders above his primary competition, a retread former commissioner who’s looking to reprise some glory years in Snow Hill during which she accomplished nothing that comes to mind. Together, Helvey and Bunting would constitute a formidable team in Snow Hill representing Ocean Pines and the interests of taxpayers throughout the county.

No OPA member ramp fees From Page 47 policing by the OPA. On occasion tempers flare when boaters compete for access to the ramp. If regaining control over this amenity requires some weekend staffing, then so be it. It would be another minimum wage, part-time, summer-only job with no fringe benefits. The expense would be modest. In a June 4 work session of the Board of Directors, a group of Carriage Lane residents asked their elected representatives for better facility management, with ideas including an electronic gate to better control access and OPA staffing to monitor boat ramp usage and parking issues. While imposing ramp fees was mentioned as a possibility, the group as a whole seemed agnostic on

In District 5, all three Republican candidates probably would serve acceptably in Snow Hill, but Grant Helvey has been campaigning tirelessly as a dedicated fiscal hawk, someone who not only could be counted on to avoid raising county property and income taxes. He also would be aggressive in trying to cut the spending that makes no-tax-increase pledges credible. There is every reason to believe that he would join Bunting in a strong alliance that would dissect and trim staff spending proposals and work together to streamline county government, cutting the deadwood back where necessary and possible. Neither Helvey nor Bunting proposes to decimate county government or to defund the county’s school system; they simply are joined at the hip in wanting to right-size it. It’s Helvey who has taken up residence at the intersection of Ocean Parkway and Manklin Creek Road in recent weeks, waving to motorists with his “no tax increase” pledge signage. It’s Helvey who appears to have a modest lead in the sign wars along Ocean Parkway, indicating support for his candidacy from those willing to allow his signs. It’s Helvey who’s made a major commitment to communicating with his potential constituents through direct mail and other means. It’s altogether possible that his competitors would make an effort to restrain the county budget to the extent it’s possible to do so, given, among other factors, “maintenance of effort” requirements for education spending, roughly half of all county outlays. But Helvey sought out the Progress to make his case and he made a good one. He didn’t wait for the normal outreach that might be expected during an election season. It’s clear that Grant Helvey has a solid handle on county budgetary minutiae; he had obviously educated himself by consulting extensively with perhaps the most effective, well-informed and right-thinking county commissioner serving in Snow Hill, District 6’s Bunting. Helvey grasps what Bunting does and what some

of Bunting’s colleagues apparently do not: Because of the irresponsible drawdown of the county’s so-called budget stabilization fund, the time when that fund is depleted of resources is fast approaching (2018 according to Bunting), and that means the county is only a few short years away from facing some strong budgetary headwinds if policy-makers hope to maintain the county’s traditional low-tax environment. Not to mention what the drawdown could mean for the county’s superlative credit ratings that help keep the county’s borrowing costs much less than they would be otherwise. That’s an important consideration as a new Showell Elementary School is the next priority for the county’s school system capital budget. Bunting, directly responsible for county-funded drainage improvements in sections of Ocean Pines that are part of his district, deserves reelection on the strength of those improvements alone. Contrast his relatively low-cost engineering solutions with what, at the time, was the competing Ocean Pines Association proposal for a million-dollar-plus solution, including the possible purchase of the Beauchamp Road property that used to be the Pine Shore North golf course. Only a bank decision declining the OPA board’s $1.4 million offer prevented that disaster from happening. Bunting not only made major improvements to poor drainage conditions in Section 3, but he also almost single-handedly reversed the traction that had been gathering for a major OPA expenditure to “remove” excess stormwater from Ocean Pines. His solution took advantage of an existing stormwater pond in the nearby River Run subdivision. Similar idea to what OPA management had in mind, but at much less cost. Bunting, quite properly, is not taking sides in the June 24 District 5 primary, but it’s clear from his body language that he would be pleased if Helvey emerged victorious. At times, Bunting has been a lone voice for a fiscal sanity in Snow Hill, arguing for lower pay increases for county employees against the inclination by his colleagues for more generous raises that have the result of accelerating the drawdown of the budget stabilization reserve. Bunting’s position is that automatic raises for county staffers, including teachers, need to be more limited until such time as the county’s economy gains a stronger footing with higher real estate values and a more robust retail economy. Helvey would be a guaranteed ally of Bunting’s when those issues will be reprised in future budget deliberations. The Progress is pleased to endorse Grant Helvey and Jim Bunting in the June 14 Republican primary. – Tom Stauss

whether the OPA should impose them. At least one individual was adamant in his advocacy for the imposition of fees, and of course he’s entitled to his opinion. But the directors should appreciate the fact that the group was not there to lobby for more nickel and diming of OPA property owners who happen to be boaters. No doubt if the work session had been called to discuss the possibility of imposing fees on OPA members for boat ramp usage, an entirely different group of residents would have showed up to weigh in with their views. Their views with respect to fees are the ones that should truly matter the most, as they are the ones who would be asked to pay more for the privilege of living and owning property in Ocean Pines. The electronic gate option has a few administrative challenges. OPA members who want to use the boat

ramp would need to obtain a swipe card from the OPA membership office to gain access; and what’s to stop a property owner to lend his swipe card to a guest or friend? That sort of thing happens all the time at the Beach Club and the parking passes purchased by some OPA members. Perhaps some sort of bumper sticker or windshield decal could be issued along with a swipe card to add another means of controlling who comes and goes and parks their boat trailers in the adjacent parking lot. OPA members could receive their swipe cards and decals for no charge, while outsiders would pay for the privilege. Some who have been getting a free ride might decide to go elsewhere, which is OK, too. That means less waiting by OPA members who want to use the ramp for its intended purpose. – Tom Stauss

There is every reason to believe that Grant Helvey would join Jim Bunting in a strong alliance that would dissect and trim staff spending proposals and work together to streamline county government.

OPINION

June - Early July 2014 Ocean Pines PROGRESS

LETTERS Fantastic Yacht Club

Hats-off to General Manager Bob Thompson, President Tom Terry, and the Ocean Pines Association Board of Directors for the on-time completion and delivery of the new Yacht Club. What a fantastic facility! Considering this project took only nine months, from tear-down to delivery of the new structure, this was no simple feat! In particular, congratulations are well-deserved by Bob Thompson who, in spite of numerous roadblocks along the way and last minute obstacles, demonstrated the drive, perseverance and sheer determination to deliver a quality product on time, despite a ridiculously tight start-up deadline. The facility is not only beautiful, but there has also been a dramatic improvement in both menu selection and the quality of the food. Although there has been some minor criticism (you would expect that during a “soft opening”, while everyone is still learning), the comments I have heard, have been overwhelmingly positive; with most saying they thoroughly enjoyed their meal and plan on returning during the months ahead. In addition, menu pricing seems quite reasonable and completely in-line with other popular area eating establishments. So, now we have it – a beautiful facility with unparalleled view, good food, and reasonable pricing. What more could we ask for? Suffice it to say, despite the obvious success of this project and its unquestionable, enduring value to the Community, we are likely to hear the criticism and constant nit-picking of a very small, but highly vocal, segment of our Community (the “Piney Whiners”) who, no matter what is done by our General Manager and Board to improve things, will never be satisfied. I suppose this is life, and we shouldn’t be surprised. But, let’s not let this small minority rain on our parade! As a Community, it is now time to “man up”, and support the Yacht Club. No more excuses! This is our amenity, and we own it. Its success is totally dependent upon our support. The Board and General Manager have delivered a wonderful facility that we can all enjoy for years to come. Now, it is up to us. Let’s make the most of it! See you at the Yacht Club! Dick Beatty Ocean Pines

Nullify the raise

My residence in the United States affords me the freedom to express my opinions, and for that I am most grateful. It was my understanding that the general manager’s contract would come

up for renewal in the July-August timeframe. However, it appears that the OPA Board went ahead and renewed the contract well before this. My question is: What was the hurry? What was the reason to grant such an outrageous raise (to $165,000 per year, plus incentives)? Was this increase based on outstanding performance? If so, what was done by the general manager that was so outstanding? To indicate that the pay raise was in line with what similar positions are paid in Montgomery County is ridiculous. Worcester County and Montgomery County are worlds apart. You simply can’t justify this salary increase and benefits package that has been granted to our general manager. Let’s review the facts. His coffee house idea and implementation was a complete failure. The budget for the new Yacht Club construction was exceeded by $450,000, due to a lack of foresight in realizing that new kitchen equipment would be required. The golf course management contract has cost Ocean Pines residents more than $300,000 and the course is losing more money now than it did before the management contract was signed. The list goes on and on. What was the board thinking when it authorized this huge raise and then gave the general manager some bonus incentives? This is certainly not a reasonable business decision. I feel I have been sold down the river.

I call for the current board to nullify the renewal of this contract. It is in the best interest of the OPA membership to have the new board that will be elected this August to review the general manager’s performance and decide if indeed any salary increase is in order. Should the current board choose not to do this, and there is no indication it

will, then I feel five of the seven members who voted for the raise should forfeit their seats on the board. This board has truly lost the confidence of the residents and property owners of Ocean Pines. Roelof Oosteen Ocean Pines

Stop the deception

Thank you for the nice article about my candidacy for the OPA Board of Directors [May-Early June edition]. It captured my meaning and intent. I was even more interested in the story on the general manager’s salary in which I presume you quoted Tom Terry with equal accuracy. He says: If Mr. Thompson’s predecessor were still on the job, cost of living increases would have boosted his salary today to about $162,000. “$165,000 isn’t that far from that,” Terry said. In fact (former General Manager) Tom Olson’s salary for Fiscal Year 09-10 was $135,000 and he was “budgeted” for a $2,194 (1.6 percent) raise in 2010, although he never received it. In fact he had only one raise during his tenure and that was three percent during my term as president. But assuming (Olson) had stayed, and was paid the budgeted increase for 2010, and received subsequent 3 percent raises through the present, his salary would now be $150,000, quite a bit less than Tom Terry claims. Of course if Terry thinks 10 percent is a cost of living increase, I wonder which country he is living in. Having lived in Montgomery County for over 35 years I find his comparisons to Worcester County beyond ridiculous. Look at the following: Montgomery Worcester Median Value of owner-occupied homes: $455,000 $268,000 Per capita income $48,690 $32,704 Median home income $96,985 $58,138 Percent living below poverty level 6.59% 11% Montgomery has always been one of the richest counties while we live in one of the poorest. This continued deception and manipulation is getting too old. Dave Stevens Ocean Pines

50 Ocean Pines PROGRESS

OPINION

June - Early July 2014

Excessive cheerleading won’t make Yacht Club profitable

certain amount of boosterism or cheerleading is understandable and acceptable with the opening of a major new amenity such as the Ocean Pines Yacht Club. If the Ocean Pines Association doesn’t turn the occasion into a big deal, then who will? Some encouragement to try out the amenity’s new first-floor restaurant, the Cove, is also well within expected and acceptable behavior by those charged with overseeing and managing this new amenity. It probably doesn’t require much encouragement for most property owners to give the new restaurant a look-see, if only to judge for themselves whether the old management team, new chef and staff can turn the amenity into a financial success story and a community “gathering place” worthy of the name. A fair assessment at least requires a second or third visit, just to test those first impressions. Maybe even some benefit of the doubt is warranted. Those who are among the new amenity’s most ardent supporters could do us all a favor by checking their more cringe-inducing rhetoric in behalf of the new amenity. As Shakespeare famously said in his noteworthy catch-phrase, ‘he dost protest too much,” and this applies as well to supporters prone to gushing over this or that aspect of the Cove. The greater the degree of excess in their rhetorical flourishes, the greater likelihood that it masks insecurity and doubt in the sustainability of all this labored positivity. Supporters ought to resist turning support of the new amenity into some sort of quasi-patriotic act and painting those who don’t immediately join in the amen chorus as somehow responsible for cracks in community cohesion. A posting on the OPA Web site by some unidentified functionary just prior to the Yacht Club’s opening Memorial Day weekend is a case in point. “We are about to open the doors to a facility the entire community can be proud of,” the posting declared. “This has been a significant endeavor we were able to accomplish. “For those who have supported the project from the start and throughout this very long process, THANK YOU. For those less supportive, I hope this project exceeds your expectations and you can see if we work together, WE CAN accomplish great things here in our community.” Arrgh, that’s the jingoistic equivalent of fingernails scratching a chalkboard. Let’s parse this divisive language that on the surface would seem to be an innocent call for “working together” but which is more accurately construed as a thinly disguised, passive-aggressive smackdown of those who didn’t get “with the program” early on in the process that led to the construction of a new $5 million amenity. These are OPA members who are nat-

LIFE IN THE LIFE INPINES THE PINES

operating surpluses during the summer months, a tradition that ended with the An excursion through the curious cul-de-sacs departure of former Food and Beverage An excursion through theby-ways curious and by-ways and cul-de-sacs Manager Joe Reinhart about three years of Worcester County’s most densely populated community. of Worcester County’s most densely populated community. ago. By TOM STAUSS/ By TOM Publisher STAUSS/Publisher At the very least, a new facility ought urally resistant to the idea that what’s unqualified success. Those of more tem- to return to those thrilling profitable been created can be considered incon- perate disposition will give it some time summer months of yesteryear, the abtestably great. Or whose default suspi- before concluding anything, one way or sence of which in a world of consequenccion is that a call to continue to accom- the other. Before uncorking the cham- es should close the window of opportuniplish “great things” in Ocean Pines may pagne, “those who have supported the ty for the current management. In short, if the new Yacht Club is not be little more than a call to spend me- project from the start” ought at least to ga-sums on this or that special-interest let a summer of operation unfold. Allow producing a handsome cumulative posamenity. some time for defects to be identified itive bottom line at summer’s end, the fears of critics will gain traction and So the anonymous Web posting is and corrected. seen not so much a call for greatness but Can we at least study the monthly OPA policy-makers will need to consida warning to hold on to your wallets. financials before declaring “Mission Ac- er alternatives, including shopping the lower level Cove restaurant and bar The term “for those less supportive” complished”? is a backhanded and disingenuous acThe ultimate success or failure of the business to potential tenant operators knowledgment that a significant minori- OPA’s operation of this new amenity will (perhaps keeping more lucrative banty of property owners opposed building reside with the individual judgments of quet business upstairs in the hands of the new Yacht Club, preferring a less thousands of property owners and their the OPA). Accomplished, experienced restauracostly and ostentatious building or per- guests. Is the service consistently attenhaps a renovation of the former facili- tive? Does the menu reflect variety and teurs might find a brand new building, ty. There’s no rational reason to expect creativity and is the food tasty? (Can a complete with a modern kitchen and these attitudes to change just because diner tell the difference between a soggy minimal (or no) rent, impossible to resist the new building is open. crab cake and the crab imperial served if requests for lease proposals are draftThe conceit of this amateurish call to as a side dish?) Are the price points con- ed and disseminated. Either way, OPA greatness is that somehow a bit of ca- ducive to return visits? Is the ambiance members should benefit. If Plan A doesn’t quite work out as joling will persuade these opponents to of the Cove and the view at least comsuddenly recant their very real concerns petitive with local restaurants that vie most of us hope it will, not to worry. Plan and attitudes about the new Yacht Club. for the discretionary dining-out dollars B can be waiting in the wings. Moreover, it is naive to presume that of OPA members? a passionately opinionated community No amount of cheerleading, cajoling such as Ocean Pines could ever agree or appeals to community spirit will, in on what constitutes greatness and the the end, answer these questions. major capital spending that some might Nor is it necessary to achieve unabelieve is necessary to bring it about. nimity or even close to it, just a substanSimply put, the opening of the new tial number of OPA members who like The Ocean Pines Progress, a journal Yacht Club will not bridge differences the experience enough to keep coming of news and commentary, is pubof opinion among us nor should it be back. lished monthly throughout the year. expected to do so. The new facility has It must also be said that while the It is circulated in Ocean Pines, Berenough on its plate, literally and figura- current management deserves an oplin, Ocean City, and Captain’s Cove, tively, without having to carry that addi- portunity to deliver on the narrative Va. tional and unrealistic burden. that ideological supporters would preLetters and other editorial submisAfter a few short weeks of operation, maturely declare already achieved, that sions: Please submit via email only. only those prone to grade inflation will opportunity is a finite one. Historically, Letters should be original and excluconclude that this new amenity is an the Ocean Pines Yacht Club has yielded sive to the Progress. Include phone number for verification.

Slobodan Trendic’s withdrawl statement

ecently we learned why most candidates, myself included, decided to run for the Ocean Pines Board of Directors this summer. There is a common theme of discontent with the decisions made by some current board members. And that another year of “business as usual” is not an option. Most of you read my recent Progress “guest commentary” titled: OPA blunders on general manager control. I was humbled by your positive reaction; your encouragement and your offer of support. This was the reason I made a last-minute decision to register. However, this race is not about me or any other candidate, for that matter. This election is about building consensus and embracing our common goals. We need experienced leadership capable of increasing our property values and making Ocean Pines the most desirable community to live in. We need better management of our financial resources. We need a new board majority that is capable and willing to hold our HOA management accountable. To achieve this we need to be united as a community. I do not wish to take away votes from Dave Stevens and Pat Renaud, who have similar views. Therefore, I have decided to withdraw from the race. I am grateful to all who gave me their enthusiastic endorsement. Also, I offer my sincere apology to all of you who will be disappointed with my decision. My intent is to stay involved and, along with you, hold those elected to their campaign promises. Slobodan Trendic Ocean Pines

127 Nottingham Lane Ocean Pines, MD 21811

PUBLISHER/EDITOR Tom Stauss tstauss1@mchsi.com 410-641-6029

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PROOFREADER

June - Early July 2014 Ocean Pines PROGRESS

Ocean Pines PROGRESS June - Early July 2014

K.C. COLGAN

JUST TEN MINUTES FROM OCEAN PINES

Work: 410-835-8338 Cell: 443-880-6250

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