June 2022 Ocean Pines Progress by Ocean Pines Progress

June 2022

www.issuu.com/oceanpinesprogress

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OCEAN PINES

PROGRESS THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

OPA closes year just short of $2 million operating surplus Viola projects $270,000 budget favorability for April, ending 2021-22 on a very positive note By TOM STAUSS Publisher ”flash” financial projection for April and for the 2021-22 fiscal year ending this past April 30 delivered some extremely positive financial results for the Ocean Pines Association. General Manager John Viola presented his flash estimate of $270,000 for April during his general manager’s report at the May 25 meeting of the Board of Directors. For the year ending April 30, he projected a $1.950 million operating fund surplus, which would be a record for the OPA and about $500,000 more than the operating surplus recorded during the previous fiscal year. The actual unaudited results for 2021-22 and for April released by Viola in a spreadsheet emailed to the Progress early on May 28 confirmed the accuracy of the flash estimate. According to the spreadsheet, the OPA had a pos-

itive variance to budget in April of $271,748, and an operating surplus for the year of $1,982,745, still subject to the annual audit. During May 25 meeting, Viola attributed the record financial results to a mix of “‘organic growth” in amenity memberships and other revenue, such non-member play at the Ocean Pines golf course, and careful management of expenses in John Viola all the departments. During the May 25 meeting, Viola had said he didn’t believe the actual results for April and the 2021-22 fiscal year that Finance Director/Controller Steve Phillips was diligently working on all week “behind a closed door with very few interruptions” would differ materially from the flash estimates. To Page 3

Viola willing to stay on as OPA general manager Although it’s becoming increasingly evident that General Manager John Viola is willing to stay on as GM if asked by a Board of Directors majority, the board is continuing a process that could result in a possible replacement emerging from a search and interview process. The directors seem receptive to the idea of Viola remaining GM, however. Director Frank Daly in a recent interview framed the choice that might soon face the board using a football anology: It would be like a choice for quarterback between a first round draft choice and a 33-year-old Tom Brady. ~ Page 22

Former director may lose access to some OPA amenities

Former Frank OceanDaly Pines Association director Tom Janasek, who was intending to run for the Board of Directors before opting out on the application deadline date, is at risk of losing his privileges at the Ocean Pines Yacht Club and other food and beverage venues managed by the Matt Ortt Companies. The possible suspension of amenity privileges is the result of a widely reported incident at the Yacht Club outside deck and tiki bar on Friday night, May 20, in which Janasek was said to have verbally attacked Director Josette Wheatley for not having voted for Doug Parks as president of the OPA last year. The board is awaiting research from legal counsel before deciding Janasek’s fate. ~ Page 27

By-law amendments pass by overwhelming margins ~ Page 14

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COVER STORY

June 2022 Ocean Pines PROGRESS 3

$2 million operating surplus

OPA NET OPERATING BY DEPARTMENT APRIL 30, 2022

SOURCE: OPA Director of Finance Steve Phillips

bined some departments into one line item, but as presented every other department did better than budget.

Administration, finances, the general manager’s office and Public Relations/Marketing led To Page 5

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From Page 1 Normally financial statements are delivered before the monthly meeting of the Board of Directors, but April, the final month of the fiscal year, has traditionally been the exception to that rule. That’s because Phillips is preparing for the pending annual audit and wants to be sure the numbers are accurate. Viola said that certain accounting issues are left for the auditors to resolve. With that in mind, he said it’s possible that the audited numbers presented in a report before the annual meeting of the association in August could result in a final operating surplus for the year that exceeds $2 million. “No guarantees, but it’s possible,” Viola said. The flash document for the year showing the projected operating results for the association compared to budget indicates that all the amenities with the exception of racquet sports turned a substantial operating fund surplus for 2021-22. The spreadsheet provided by Viola confirmed that. Even then, especially pickleball out-performed, with a $24,216 positive variance to budget, and platform tennis eked out a $244 positive variance to budget for the year. Tennis was the only amenity to end in the red and miss its budget. The flash document provided by Viola com-

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COVER STORY Operating surplus

From Page 3 them all with $393,000 favorable to budget, followed by golf operations with a $339,000 favorable balance and Aquatics at $195,000. Both departments have far exceeded expectations. Public Works recorded a $307,000 surplus to budget, helped along in part by five positions during the year not being filled. Viola said the work the employees would have performed got done anyway, in some cases by outside contractors. The problem with relying on outside contractors is that they all have busy schedules and sometimes need more lead time than is ideal, Viola said. The April “net operations by department” schedule showed that major amenities except for tennis were in the black for the year, in addition to exceeding their budgets. Beach parking was the OPA’s most lucrative cash cow, with a $519,851 operating surplus for the year, followed by golf operations at $287,366, marinas at $234,410, the

June 2022 Ocean Pines PROGRESS 5

Viola eyes surplus to preserve this year’s $896 assessment But holds out the possibility of another reduction depending on circumstances By TOM STAUSS Publisher eneral Manager John Viola’s eye-popping “flash” estimate of a $1.95 million 2021-22 operating fund surplus caught the attention of almost everyone attending or watching via Microsoft Teams the May 25 Board of Directors meeting, but also noteworthy was his outline for how that surplus could be allocated in the 2023-24 budget, which he may or may not be around to oversee. Topping the list was a one-time assessment reduction of $750,000, or roughly $89 per property, but he said that $750,000 “reduction” was designed to preserve the current $896 base lot assessment, under the assumption that there would be pressures elsewhere in the 2023-24 budget for increases, such as rising salaries and escalating cost of materials,

Yacht Club at $220,603 and the Beach Club at $97,742. Pickleball earned $50,366, the Clubhouse Grille a $32,119 profit,

and other possible headwinds. He also is recommending an additional $350,000 allocation to the roads reserve, which would bring that fund balance to $1 million or more. Other recommendations for use of last year’s $1.95 million projected surplus are projects budgeted last year but rolled over into the current fiscal year, at least for purposes of payment. Those projects include $60,000 to be allocated for repairing cracks in pickleball courts and $80,000 for cluster mailbox improvements. Already approved surplus allocations for the current fiscal year, 2022-23, is a one-time assessment reduction of $650,000, a $350,000 replenishment of the roads reserves, and a $60,000 transfer to the New Capital Reserve for Yacht Club t-docks. u

Aquatics $4,455 and platform tennis $1,095. Actual results and performance compared to budget are the two

ways to measure financial performance. Both measures indicate an association in robust financial health.

6 Ocean Pines PROGRESS June 2022 Surplus allocation From Page 5 The OPA’s operating fund is projected to end with a $3,144,991 cumulative surplus as of this past April 30, the end of the 2021-22 fiscal year, greatly bolstered by the $1.95 million projected operating fund surplus in 2021-22. The already approved and Viola-recommended surplus allocations would leave a projected operating fund balance of $844,991, which Viola told the Progress after the meeting could in theory be used for additional assessment reduction. “It’s too early to tell,” he said. “There are too many variables this early in the year.” During the meeting, he said that the remaining surplus funds could be allocated to the replacement reserve, although he told the Progress that in the coming years the percentage of capital assets held in the replacement reserve should approach 30 percent or more. And the roads reserve is building towards $1 million, which he said was recommended by DMA reserve study consultant Doug Green and may be needed for Ocean Parkway resurfacing sometime in the future. Director Doug Parks said during the meeting that another potential use of the unallocated general fund surplus would be compliance with possible state legislation requiring increases in reserve fund balances. But Viola said later that state legislation could

COVER STORY Allocation of Estimated 2021-22 Surplus

also target homeowner associations in the state that underfund their reserves, which he said doesn’t really apply to the Ocean Pines Association.

In any event, Viola is emphasizing that a portion of the 2021-22 surplus should be used first to preserve the current $896 assessment rather than additional assessment reduction.

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COVER STORY

June 2022 Ocean Pines PROGRESS 7

OPA sees savings on workers comp insurance Premiums drop $19,000 year-over-year

By ROTA L. KNOTT Contributing Writer hile most insurance rates continue to climb, the Ocean Pines Association saw a $40,000 reduction in its worker’s compensation insurance because of improved management of employee claims, resulting in a year-over-year decrease in premiums for the current fiscal year, 2022-23. Representatives from Deeley Insurance Group presented the OPA’s insurance renewal proposal during a May 25 meeting, and noted that the OPA was one of few to see its premiums drop. In a period of escalating inflation, that the OPA would actually see a reduction in a key expense area seems counter-intuitive. “The premium went down this year and this is largely due to worker’s compensation,” Megan Muller, Deeley Insurance Group’s senior client advisor for the OPA, said. She added that “the OPA team has worked really hard on reducing their claims and you can see how their efforts impacted their policy. The OPA will pay $514,644 this year for all of its insurance policies, down from $533,763 last year. The $19,000 savings is being realized because the worker’s compensation insurance premium dropped from $150,133 to $110,156. The cost of other insurance policies is increasing though from $383,630 to $404,488 this year. Muller said that while the overall cost of other insurance policies has risen, the OPA’s worker’s compensation claims have been “excellent.” The u

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Dear Friends & Neighbors, Ocean Pines is home. Since arriving here more than 30 years ago, Susan and I raised our three children who attended and graduated from our local public schools. We enjoyed attending countless school plays, seasonal children’s concerts and sporting events. Susan taught Sunday School for 18 years and was a volunteer softball and soccer coach with Ocean Pines Parks and Recreation for many years. We started a business and have been active in local organizations. This is our community. Our community gave me a great gift when it elected me County Commissioner. That trust motivates me to be the most effective, most accessible and most responsive representative I can be on their behalf. Whether hosting town meetings, responding to constituent concerns, speaking before different organizations or testifying in Annapolis, or asking tough questions during Commissioners’ meetings, I take seriously the trust and confidence placed in me by our community. As a consistent fiscal conservative and small business owner, I believe government must demonstrate a need for each taxpayer dollar spent. And I have voted accordingly. It has been a pleasure and privilege to serve on your behalf. This July I ask for your vote in the Primary Election. Together we will continue to ensure a bright future for our community and our county. Thank you.

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COVER STORY

Insurance

From Page 7 significant decrease in the worker’s compensation premium is due to the hard work that OPA has put into employees training and preventing claims. “This is one of the only reductions that we have delivered in all of our clients in this market,” she said. “So it felt really good.” The OPA’s insurance policies include property insured for about $28 million in values and flood coverage of $9 million. Other policies are general liability including liquor liability and employee benefits liability, directors and officers and employment practices liability, fiduciary liability, auto, crime, cyber liability, inland marine, police professional, marina operators, storage tank pollution liability, and camp liability including abuse and molestation. The OPA also has a $15 million umbrella policy over the liability lines, which was increased this year from $10 million. General Manager John Viola asked how the OPA compares to

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similar community associations insured through Deeley. Muller said the OPA’s decision to increase its umbrella policy over liability falls in line with similar associations. “We were pleased that Ocean Pines increased their umbrella this year from $10 million to $15 million. We felt that was a good choice by the association to do so.” In making the insurance renewal presentation, Muller said coastal communities like Ocean Pines have

always been limited in the number of carriers that will write the business. The closer to water, high wind areas or even proximity to neighbors can cause rates and pricing to escalate. She said during the past two years commercial property insurers have experienced unpredictably high loss costs largely attributed to more frequent catastrophic weather events, broken supply chain for construction materials, labor shortages

and high inflation. Weather events are the primary cause of damage and destruction of buildings and equipment, she said. The cost of repairing and replacing these assets has soared because of the COVID fueled supply chain crisis and inflated prices for construction materials and labor. For the fourth time in the past five years, insured losses cause by extreme weather events worldwide exceedTo Page 10

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OPVFD pushes back town hall to June Answers to board questions withheld for now By TOM STAUSS Publisher town hall meeting on the proposed new Southside Fire station tentatively scheduled for May has been pushed back to June, giving the department more time to prepare its case for a new building that also incorporates the existing apparatus bays into a new design. Tentative dates are either June 9 or 16, according to John Viola, general manager of the Ocean Pines Association. Once a date is decided upon, it will be announced in press releases and posted on the OPA Web site. Meanwhile, details about the proposed remain closed held by the OPA pending the town hall. The OPVFD in an email May 18 responded to a series of questions posed by the board about the project, drafted by OPA director and treasurer Larry Perrone, who was reluctant to release the responses pending disussion with OPA President Colette Horn. “I’m not in charge (OPA president) any more,” he told the Progress. The responses were not released before the June edition of the Progress went to press. Perrone also said that Viola could

The exterior view of the proposed Southside firehouse.

release the responses, since the general manager has been tasked with working with the OPVFD on the project. Viola checked with OPVFD president Dave Van Gasbeck, who said the responses are still “unsure” and that he therefore preferred to delay release until the town hall meeting. Questions that have been forwarded to the OPVFD include: • Assuming the OPVFD is able to secure a mortgage for the proposed project, does the OPA have the authority under OPA by-laws to co-sign a note? • If the OPA is able to co-sign the

note, will the OPA own the building? • Is there authority to conduct a referendum on the proposed project if the OPA doesn’t own the building? • Will the OPVFD solicit at least three bids? • If the OPA doesn’t own the new building, what happens if the OPVFD is no longer viable as an organization [sometime well into the future]? • If the OPVFD uses much or most of its accumulated reserves to help pay down the cost of a new firehouse, what happens if those reserves are depleted and funds are needed for other purposes?

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• As an alternative to renovating and expanding the Southside station, should the OPVFD and the OPA consider building a single building at another location to serve the entire community? • If the community says no in a referendum to the proposed project and its funding details, what happens then? In addition to the board questions, the Progress forwarded a series of questions to the OPVFD. Fire chief Steve Grunwald said in response that these questions would be answered at the town hall meeting. These questions include: • Where in the OPVFD’s preferred design plan is a decontamination room? And the bunk room is on the first level, adjoining the apparatus bays, correct? Where are other components located, such as the lounge area, meeting room, kitchens, office, storage? • What is the square footage of the footprint of the OPVFD’s preferred building option, excluding To Page 12

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ed $100 billion, with 10 events costing more than $1.5 billion each, she added. Muller said liability lines of business continue to tighten due to the impact of social inflations, COVID 19, increased claim expenses and settlements, and increase costs of reinsurance.

June 2022 Ocean Pines PROGRESS 11

12 Ocean Pines PROGRESS June 2022

OCEAN PINES OPVFD From Page 10 the apparatus bays? What is the square footage of the existing building (excluding bays)? What is the anticipated square footage of the new bay? • From the drawings on display during the open house, it would seem that the OPVFD’s preferred is larger than the 1987 building’s footprint. Please confirm. • Has anyone from the OPVFD talked to county permitting officials to make sure that they’re OK with a footprint larger than the existing one? (Issue: possibly more impervious surface?) • Break down (if available) the components of the expansion/renovation that add up to $7 million. In other words, how was the $7 million figure derived? Does it include more than raw construction costs? • Has the OPVFD been in contact with any local builders such as Whalen Construction (contractor that did the golf clubhouse for the OPA under a design-build contract) to get an idea on square foot construction

costs for what essentially is a new building? • Would the OPVFD consider a design-build approach to a new Southside firehouse that has been used so effectively by the OPA over the years? • The 1987 building was built with three or four support trusses on the roof over the meeting room, kitchen and bunk area) to accommodate a second floor (source: Lee McClaflin, former OPVFD president). Did the OPVFD consider adding a second story to the current building, perhaps in tandem with gutting the first floor to modernize and also to deal with mold and kitchen flooding issues, or adding another layer of concrete to the existing floor? And then perhaps expanding outward from the existing footprint if more space was needed? A local builder who asked to remain anonymous to speak candidly said it’s always better to raze an older building rather than to try to rehab it. That would seem to give some credence to the OPVFD’s intention to mostly build new after demolishing most of the existing building.

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By-law changes pass overwhelmingly Committee conducts hand count when equipment failed to pick-up votes

By TOM STAUSS Publisher ll 28 proposed by-law changes passed in a victory for a board majority that had advocated for their passage, despite a glitch in the May 20 counting process that delayed an official vote tally. New scanning equipment ap-

parently had problems reading the small squares indicating approval or opposition to the proposed changes, much to the frustration of the Elections Committee tasked with using the equipment to read the ballots, about 1,800 of them. When the committee was unable to complete the counting process, de-

spite hours at the job, General Manager John Viola stepped in and said the ballots and the scanning equipment needed to be “locked down.” They were transported to the nearby OPA police department and kept under lock and key and monitoring by the police department, to prevent even the suggestion that

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they might be tampered with prior to another attempt at counting the ballots. Larry Perrone, the committee’s Board of Directors liaison, said the equipment just needed to be re-calibrated to properly count the ballots, while others suggested that the small squares on the ballots made it impossible for the equipment to pick up the responses. Once it became clear that the equipment would not be able to recalibrated in a timely way, the committee decided to count the ballots by hand, an arduous process because each ballot contained approval or disapproval options on 28 separate questions, posing challenges in tabulating the responses. The process was made somewhat easier because many of the ballots were all Yes or all No responses, making it possible to put those in piles for easier tabluation. The ballots have been seen by numerous committee members involved the county and other witnesses. Each of the 28 proposed by-law changes passed overwhelmingly. Among the more notable changes, OPA members voted to prohibit convicted felons from running for the board, under certain circumstances, for up to five years after sentencing conditions have been fulfilled. OPA members also voted to require a participation rate of 40 percent in any stand-alone referendum, regardless of whether the referendum proposal carries or is rejected. If less than 40 percent of property owners decline to vote in the referendum, it fails. A stand-alone referendum is one that is not conducted as part of the annual Board of Directors election. Somewhat ironically, had this provision been in effect for the just completed by-laws referendum, it would have failed across the board because the participation rate was well under 40 percent. Only 1800 or so property owners sent back ballots, a participation rate of about 21 percent. But the Slobodan Trendic referendum that ended in May of last year reducing board capital spending authority to $1 million would have passed, because it had a participation rate well above 40 percent, To Page 16

June 2022 Ocean Pines PROGRESS 15

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By-law changes From Page 14 according to Trendic. The Trendic referendum passed with 2,531 in favor and 1,358 opposed, for a participation rate of 46 percent. A proposed by-law change drafted by Director Amy Peck was designed to similarly limit Board of Directors ability to conduct certain kinds of business transaction without input from OPA members in a referendum. This approved change lowers the percentage from 20 percent to 10 percent for transactions to transfer, encumber or develop OPA property without input from the membership and increases the board vote requirement to approve such transactions from a majority to two thirds of the board. Owner of record and eligibility to vote is defined, in part a response to the recent Farr vs. OPA litigation. As a result of the approved changes, trustees of family trusts, but not trust beneficiaries or investors in a limited liability corporation or oth-

er corporate entities, will be allowed to run for and serve on the Board of Directors. OPA Director Rick Farr has said that this approved by-laws conflicts with superseding language in the Declaration of Restrictions and Articles of Incorporation, language he says indicates that any equitable owner of property in Ocean Pines is eligible to run and serve. Even so, the referendum results tend to vindicate the board majority that wanted to proceed with the referendum despite dissent in their ranks. Two directors, Doug Parks and Farr, wanted to delay the referendum out of concern that not enough information had been provided to property owners on each of the proposed changes. By proceeding with a vote, they suggested that OPA members might respond by voting en masse against all of the proposed changes regardless of the merits. OPA President Colette Horn resisted calls for delay, suggesting that OPA members had enough information to vote. She also argued against To Page 18

June 2022 Ocean Pines PROGRESS 17

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18 Ocean Pines PROGRESS June 2022 By-law changes

From Page 16 voters protesting the process by an across-the-board no, suggesting that a more responsible course of action would be to vote no only on proposed changes that they found objectionable. Horn had said the proposed changes come after more than a year of review by a board working group, the By-laws and Resolutions Advisory Committee, and the Board

of Directors. Several public meetings were also held to review the proposals. The first attempt to count the ballots occurred on May 20 in the Peach Room of the Ocean Pines Administration Building. The count was open to the public, but without audio, and there were only a handful of witnesses. The hand count took place May 24. Horn thanked the committee, along with the scores of other volunteers and Association staff.

“This represents the culmination of many hours of work by our Bylaws and Resolutions Committee, our Board of Directors, and our Elections Committee,” Horn said. “In addition, our General Manager’s staff provided many hours of support in the way of materials preparation, meeting set-up, press releases, and technology. I thank everyone involved for getting us to this conclusion. I also thank the Association members who took the time to carefully consider all 28

OCEAN PINES

questions and vote affirmatively on those with which they agree, and against on those with which they do not agree.” A summary of all 28 approved questions follows: Question #1. Article I (New Section – Owner of Record) – This proposed change adds a new section to define the term “owner of record”, as the term is referenced in several other sections of the By-Laws. Yes: 1386 / No: 401. Question #2. Article I (New Section – Eligible to Vote) – This proposed change defines the term “eligible to vote”, as the term is used in several sections of the By-Laws. Yes: 1408 / No: 321. Question #3. Section 3.03(a) and Section 3.05 (Confirmation of Eligible to Vote) – This proposed change updates the language to be consistent with the terms “eligible to vote”. Yes: 1417 / No: 307. Question #4. Section 4.03 (Special Meeting by Petition Requirements) – This proposed change updates the language to reference Section 4.07(c)(3) to clarify the number of signatures required in a petition to call a special meeting. Yes: 1382 / No: 342. Question #5. Section 4.04 (Notice of Meetings) – This proposed change deals with meeting notification requirements and the responsibility the Association will have to send one notification to the contact information on file, regardless of whether there are multiple owners or multiple mailing addresses. Yes 1366 / No: 346. Question #6. Section 4.07(a) (Submission of Certified or Rejected Petition) – This proposed change adds a missing detail to the petition review responsibilities of the OPA Secretary to file a public report with the board when a petition is rejected. Yes: 1370 / No: 345. Question #7. Section 4.07(c) (Petition Signature Requirements) – This proposed change is meant to better define the number of votes for a petition and adds the term “who are eligible to vote” in subsections 1, 2 and 3. Yes: 1376 / No: 347. Question #8. Section 4.08(c) and Section 4.08(d) (Referendum Approval Requirements) – This proposed change establishes a minimum number of votes required for a standalone referendum for and against, equal in number to 40 percent of the total votes eligible to be cast. Yes: 1303 / No: 428. Question #9. Section 5.01 (Board To Page 21

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OCEAN PINES By-law changes From Page 18 Member Qualification – Owner of Record) – This proposed change specifies that to serve on the board one must be an owner of record and also references that there are additional qualifications for election to the board. Yes: 1352 / No: 365. Question #10. Section 5.02(a) (Candidate Eligibility – Family Member Serving on the Board) – This proposed change addresses the issue of candidates running for the board if an immediate family member is also serving on the board. Yes: 1344 / No: 380. Question #11. Section 5.02(a) (Candidate Eligibility – Involved in Litigation with OPA) – This proposed change provides that a candidate for election to the board cannot be a plaintiff in an active lawsuit with the Association nor as a defendant in a case where the Association is the plaintiff. Yes: 1277 / No: 453. Question #12. Section 5.02(a) (Candidate Eligibility – OPA Employee Prohibition) – This proposed change provides that a candidate for election to the board cannot be an employee of the Association. Yes: 1328 / No: 402. Question #13. Section 5.02(a) (Candidate Eligibility – Corporate Entity Ownership) – This proposed change provides that a candidate for election to the board must be an individual or a trustee of a trust, not a representative of a corporate entity that owns property within OPA. Yes: 1354 / No: 370. Question #14. Section 5.02(a) (Board Eligibility – Payment of Annual Charges) – This proposed change establishes that a candidate for election to the board must have paid the annual assessment. Yes: 1429 / No: 297. Question #15. Section 5.02(a) (Board Eligibility – Felony Conviction) – This proposed change would prohibit a person who was convicted of a felony under certain conditions from being eligible to be a candidate for election to the board. Yes: 1366 / No: 356. Question #16. Section 5.02(b) (Search Committee) – This proposed change alters the Search Committee appointment dates and permitted size of a Search Committee and confirms that an election will still be valid if a Search Committee is not established in that election year. Yes: 1339 / No: 387. Question #17. Section 5.02(c) (Candidate Applications) – This

June 2022 Ocean Pines PROGRESS 21 proposed change details the requirements for completing the application form that is required to be submitted to run for the board. Yes: 1377 / No: 342. Question #18. Section 5.02(d) (Candidate Eligibility Determination) – This proposed change defines the responsibilities of the Association Secretary in regard to validating candidate status for election and the requirements for reporting any discrepancies. The proposed changes also define how ballots will be counted if a candidate is found to be ineligible after ballots have been sent to the membership. Yes: 1312 / No: 415. Question #19. Section 5.04 (Appointed Director Qualification) – This proposed change makes the qualifications of appointed directors the same as those of candidates for the board as set forth in Section 5.02(a) of the By-Laws. Yes: 1405 / No: 327. Question #20. Section 5.10 (Board Decisions Outside of a Board Meeting) – This proposed change adds a reference to Maryland Code Section 2-408(c) with regard to informal actions by the board without conducting a meeting and adds an additional reporting requirement for such decisions. Yes: 1334 / No: 393. Question #21. Section 5.11 (Board Compensation – Family Membership) – This proposed change eliminates the reference to specific amenities and replaces it with “family membership to all amenities” to clarify the scope of the family membership each director is entitled to. Yes: 1331 / No: 392. Question #22. Section 5.12(c) (Removal of a Director for Cause – Felony Conviction) – This proposed change adds language that if a director is convicted of a felony under certain conditions it is a basis for their removal from the board for cause. Yes: 1366 / No: 367. Question #23. Section 5.13(c) (Approval of Sale, Mortgage or Development of Property) – This proposed change lowers the percentage from 20 percent to 10 percent for transactions to transfer, encumber or develop OPA property without input from the membership and increases the board vote requirement to approve such transactions from a majority to two thirds of the board. This change aligns with the change made last year to 5.13(d)(1), which limited the board’s capital spending amount to $1 million. Yes: 1343 / No: 368. Question #24. Section 5.14(e) and Section 5.14(f) (Check and Contract-

ing and Fund Withdrawal Authority) – These proposed changes establish the reference to the Financial Policies and Procedures manuals as the source for guidelines regarding contracts, spending and withdraw approval authority. Yes: 1421 / No: 310. Question #25. Section 5.14(l) (Clarification of the Secretary’s Review of Petitions) – This proposed change adds the language that the board will consider petitions that are “certified as valid by the OPA secretary…” to the existing language, which reflects the secretary’s existing responsibility to certify a petition. Yes: 1402 / No: 314. Question #26. Section 6.03 (Secretary Resignation if Running for the Board) – This proposed change clarifies the requirement that if the current secretary of the Association is running in an upcoming election, he/she must resign the position and the board will elect a new secretary to finish out the term. Yes: 1418 / No: 301. Question #27. Section 8.04 (Transfer of Budget Items Procedure) – This proposed change makes

a required reference to the Financial Policy and Procedures manuals and clarifies this as the appropriate reference rather than the inference that the board could establish its own guidelines, which could change from meeting to meeting. Yes: 1392 / No: 333. Question #28. Section 9.02(c) (Personnel Policy Clarification) – This proposed change updates the language in reference to make lowercase “personnel policy procedures manuals” (note the capitalization), to avoid the possible interpretation that the existing language requires a specific manual so entitled, which is not the case. Yes: 1411 / No: 287. Question #24: (Check and Contracting and Fund Withdrawal Authority) Yes: 1421 / No: 310. Question #25: (Clarification of the Secretary’s Review of Petitions) Yes: 1402 / No: 314. Question #26: (Secretary Resignation if Running for the Board) Yes: 1418 / No: 301 . Question #27: (Transfer of Budget Items Procedure) Yes: 1392 / No: 333 Question #28: (Personnel Policy Clarification) Yes: 1411 / No: 287.

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tent was to interview the three candidates remotely. Now the intent is to bring in all three candidates for personal interviews to begin in mid-June, he said. Sources have told the Progress that while this process unfolds, a majority of directors have asked Viola individually whether he would be willing to stay on. The answer has been that he is willing if asked by a board majority. Two directors who are said to be less than enthused about a new contract with Viola are Larry Perrone and Doug Parks, with the latter said to be more willing to consider Viola staying on. Viola and Perrone had a falling out after then-president Perrone delivered the results of a performance review to Viola last November. Shortly after, Viola announced his resignation, giving the board 60-days notice. He later rescinded his resignation, announcing that he would stay at least through August, but then opted to work outside a formal contract on a week-to-week basis. The basic terms of the current arrangement are similar to those in his now expired contract. Daly said before an offer of employment is made to a To Page 24

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From Page 23 possible replacement, he believes all seven directors would be willing to ask Viola to stay on before an offer is extended. He framed the situation in a football analogy, comparing it to offering the starting quarterback position to a first round draft pick or a 33-yearold Tom Brady. Horn also said she believes the board would be willing to check with Viola on his willingness to stay on “on the other side of the interview process” before any job offer is made to a possible replacement. The latest indication that Viola is in no hurry to vacate his role as general manager came during the Public Comments segment of the May 25 board meeting, when Daly responded to property owner and board candidate Paula Gray who asserted that the board should retain Viola and stop the “rush” to replace him. “There is a difference between rushing and checking a box,” he

said. “We are not rushing. We have a check the box procedure, a guarantee that we have used the absolute best search firms, we have the best criteria and we used a thorough structured interview process.” Daly said all of that has been done “in cooperation with John who has announced his retirement.” That’s when it got interesting, if not even bizarre. Viola disputed the contention that he had announced his retirement last year. When recognized by Horn, Viola said that “I just want to make this clear. I never announced my retirement. A board member announced it.” He didn’t identify the board member, but he was probably referring to Perrone and a December press release announcing Viola’s “well-deserved” retirement. Viola usually is careful to not appear at odds with any director, but in this case it seems he was more willing to do so if he believes his words are misconstrued or misreported. During the May 25 meeting, Gray called on the board to slow down the

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process -- she later said stop it entirely -- of replacing Viola. She told directors she is concerned the board is rushing the process and said directors should wait until after the election. She said she was speaking not as a candidate for the board this summer but as an Ocean Pines homeowner, though in the context of the meeting it seemed almost impossible to make such a distinction. “I am concerned about some of the rushes we do to things,” Gray said. She lauded Viola and his team for improved OPA finances during his tenure and said the board shouldn’t be in a hurry to replace him. Gray said she has attended board meetings for many years and past general managers and treasurers would report regularly on how much money the OPA was losing. Under Viola’s leadership, she said she has watched the association gain financial stability. “So what I would like you to do is back off a little bit because no one can deny financial and fiscal responsibility that we have seen with Mr. John Viola and his people,” she said. With three seats up for grabs in the election, Gray said the sitting board shouldn’t saddle the new directors “with the probability and possibility of a general manager and the people he might bring aboard who cannot continue what we just saw.” “There’s no rush. The world is full of people who are looking for jobs,” she added. Then Gray told the board simply “stop” the interview process. She went to thank Viola and his staff for everything they have done for the OPA. “Please remember you can’t find people like we’ve seen here. We had 15 years of writing

with red ink.” She said when things turned around, she brought thenOPA President Parks some black ink because it was the first time in years the association had positive finances. When Gray completed her comments, Daly commented on her perception that the board is rushing the general manager hiring process. That’s when he said there’s “a difference between rushing and checking a box. We are not rushing. We have a check the box procedure, a guarantee that we have used the absolute best search firms, we have the best criteria and we used a thorough structured interview process.” That’s when Daly said all of that has been done “in cooperation with John who has announced his retirement.” When Gray tried to further explain her concerns, OPA President Colette Horn cut her off saying there are other people who wanted to make public comments. “We’re not going to have a debate here,” she said But when there were no other public comments. Horn called on Viola who wanted to speak. When Viola made it clear he had not announced his retirement, Horn thanked him for “that clarification.” “As John said he did not announce his retirement; the board elected to do that,” Gray asserted She said it doesn’t matter how detailed the search process is, it will not produce a successful replacement for Viola. “It doesn’t matter who you find. They’re not going to give us those numbers,” she said. Gray wanted to know why the board has elected to “announce a retirement of a man who hasn’t said he’s leaving. Because he might not To Page 26

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Horn, Farr clash over each other’s job performance

Directors deal with allegation that Farr improperly vetted board candidates By TOM STAUSS Publisher bland May 26 announcement by Ocean Pines Association President Colette Horn about a closed special meeting discussion concerning the way OPA Secretary Rick Farr handled the vetting and certification of 2022 candidates for the Board of Directors didn’t give justice to the behind-the-scenes skirmishing that led to the closed meeting. “Late last week, information came to the board raising concerns as to whether the Secretary fully completed the candidate verification process prior to the secretary’s issuance of the initial candidate announcement,” Horn said in her statement. “A subsequent full verification was conducted confirming that all candidates met the required candidate qualifications. Last night, in closed session, the board reviewed

this issue and confirmed that the second verification was properly conducted. Secretary Rick Farr was counseled regarding the issues, and it was agreed that the board would take no further action in this matter.” One of the actions that had been circulated and contemplated by at least some directors was his removal as secretary, within days of his unanimous selection as secretary replacing Josette Wheatley, who had resigned the position in order to run for the board this summer. The statement issued by Horn suggests that this draconian approach did not gain much traction among the directors. In a recent interview, Farr called the controversy of the way he handled verification overblown and a reflection of what he said was Horn overstepping her authority as president.

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Farr said his initial verification involved contacting an OPA employee who works for the Membership Department in the Administration Building. The employee verified that all six candidates were members of the OPA with no outstanding assessments or Architectural Review Committee violations, Farr said. He acknowledged that he didn’t take down the name of the individual who supplied the information, but he also said there was no doubt that the information he was given was valid. Farr said that after receiving the information about each candidate being an OPA member in good standing, he then sent the names to Marketing and Public Relations Director Josh Davis to be included as part of an OPA press release announcing this year’s candidate slate. That Farr hadn’t contacted Assessments and Membership Director Ruth Ann Meyer for the information set off a firestorm that Farr attributed to Horn involving herself in a process not within her purview as OPA president. “The by-laws make clear that only the secretary is responsible for vetting the candidates,” he said. “There is no role for the president in the process, no oversight of the secretary in the way he vets the candidates.” Farr said a follow-up with Meyer and a check of land records confirmed the accuracy of his original determination, and he said the matter should have ended there. But Farr said Horn at that point

Colette Horn

Rick Farr

was not ready to let the matter drop, compounding her initial improper intervention by then proffering a motion for the closed portion of a May 25 special meeting. The motion called for a closed session of the board to discuss “matters pertaining to employees and personnel; specifically pertaining to an officer’s performance of required duties,” which Farr confirmed was targeted at him. “It just as easily could have been targeted at Colette, because she’s the one who’s acting outside her authority as president,” Farr said. He cited Horn’s directive to the marketing and public relations deu

Viola From Page 24 agree with what you’re doing? Look at the people he has that surround him. Are we keeping them? Why do we wish to do a search when we have a successful person working here? Are you firing him? What?” No director responded at the time. While the replacement interview process will begin shortly, it’s not at all clear that the top candidate who emerges from the process will be offered a position. Viola would appear to be in a position to prevent that from happening if he really wants to stay on. “It would be a no-brainer for us,” Daly said.

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OCEAN PINES partment to reissue the initial press release about certified candidates as another example of Horn “working outside her lane” as OPA president. The initial press release randomly listed the candidates in no particular order, while the second press release listed them in alphabetical order. Horn’s directive was prompted by a complaint from Director Amy Peck, Farr said, on the “ridiculous” grounds that the initial group demonstrated bias in favor of the three candidates listed first, Stuart Lakernick, Monica Rakowski and Paula Gray. Peck and candidates Wheatley and Steve Jacobs followed. “Colette went along with it, and made a big deal out of it, as if the order of candidates in a press release is going to influence anyone to vote a certain way,” Farr said. “And she had no authority to order a second press release. None at all. And she wasted a lot of the directors’ time getting the directors involved in something so trivial.” Farr said names in a press release announcing candidates have never been alphabetized, and there was no reason they should have been this year. Acknowledging that it was “ill-advised” and that she may have “created the very problem I was trying to avoid,” Horn in a May 25 Board Of Directors meeting apologized for asking Davis to reissue a press release announcing candidates for the Board of Directors this summer. After checking with legal counsel that listing candidates alphabetically constituted “best practice,” she said she asked Davis to reissue the press release. He complied. Another episode in which Horn deviated from standard practice, Farr said, was her unilateral decision to remove him as board liaison to two OPA standing committees, Architectural Review and Parks and Recreation. While he said he believed that in this instance she acted consistent with her listed duties as president, appointing directors to liaison positions traditionally is worked out among the directors in tandem with one another, assigning positions more or less equally among the directors. Farr said that as a result of Horn’s unilateral action, he no long has any committee assignments. “It just seems odd, since she gave my two committees to two directors (Peck and Wheatley) who are running for the board,” Farr said. “Does

June 2022 Ocean Pines PROGRESS 27

Janasek incident involving Wheatley could lead to amenity access suspension Board majority looking at ways to give the OPA explicit authority to address incidents similar to what occurred at the Yacht Club tiki bar May 20 By TOM STAUSS Publisher ormer Ocean Pines Association director Tom Janasek, who was intending to run for the Board of Directors before opting out on the application deadline date, is at risk of losing his privileges at the Ocean Pines Yacht Club and other food and beverage venues managed by the Matt Ortt Companies. The possible suspension of amenity privileges is the result of a widely reported incident at the Yacht Club outside deck and tiki bar on Friday night, May 20, in which Janasek was said to have verbally attacked Director Josette Wheatley for not having voted for Doug Parks as president of the OPA last year. According to a police report filed by Wheatley accusing Janasek of disorderly conduct, it was an incident in which she felt threatened by Janasek in an alcohol-fueled and profanity-laced verbal attack. A source said she subsequently obtained a “peace order” that is supposed to prevent Janasek from being anywhere in her presence.

this somehow prove how hard-working they are? “Supposedly this was done in order to give me more time in my role as secretary, but that’s ridiculous,” he said. “After the certification of candidates, the conduct of the board election is really in the hands of the Elections Committee, with minimal involvement by the board or the secretary.

At a special meeting of the Board of Directors May 25, OPA Treasurer Larry Perrone said Janasek’s confrontation with Wheatley and her husband Robert was “beyond the pale,” and he offered a motion to ban Janasek from OPA food and beverage amenities for one year. But at the conclusion of his presentation in support of his motion, Perrone said he wanted Tom Janasek to table it pending research on the issue of suspension of amenity access privileges by legal counsel. His colleagues agreed, and it’s not clear when or if the board will take any action on Perrone’s motion to suspend Janasek. Janasek has expressed remorse for the incident, both in what he said was a five-paragraph apology sent to the Wheatleys and in comments to the Progu

Farr said that Horn has defended her recent interventions in the election process on the grounds that the OPA president is at the top of a board hierarchy, a proposition that Farr said is found nowhere in the OPA governing documents. “In fact, it’s just the opposite,” he said, citing Director Doug Parks, a former OPA president, as an authority on the subject.

“As Doug says, the president really works for the entire board. She presides over meetings, has check-signing authority when it’s board approved, but she’s not a first among equals,” he said. “All seven of us are equal, with the same amount of say over policy issues.” He said he hopes Horn will rein herself in for the rest of her term as president.

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28 Ocean Pines PROGRESS June 2022 Amenity suspension From Page 27 ress. He said his behavior was indefensible. Perrone said during the May 25 special meeting that he wanted to suspend Janasek on the grounds of “other powers” he said are part of the OPA by-laws that give the board the authority to act when a particular action is not specified in the bylaws or other governing documents. He said that he understands that legal counsel has advised against such action without explicit support in governing documents, and he went on to say that General Manager John Viola is opposed to suspending Janasek out of “fear” that Janasek will file a lawsuit against the OPA. Perrone also said that the Matt Ortt Companies, the OPA food and beverage management company, is reluctant to deviate from its standard protocols in dealing with incidents similar to that which occurred May 20 between Janasek and Wheatley and her husband. But Perrone also said that the Matt Ortt Companies would follow any directive concerning Janasek if it was explicitly ordered by the board. He urged the board to take that kind of action before tabling his motion. MOC partner Ralph DeAngelus confirmed in a comment to the Progress that his company would indeed accept direction from the OPA board

OCEAN PINES if it approved a new rule governing behavior at OPA venues his company manages. “We work for John [Viola] and the board,” he said. In subsequent statements, OPA President Colette Horn and Vice-President Frank Daly both defended Viola against the implied criticism in Perrone’s statement. Viola told the Progress that he never had discussed his attitude or approach toward the Janasek incident and possible OPA responses with Perrone. In a statement during a May 27 telephone interview, Horn said that “Viola used every tool at his disposal” to deal with the incident “and asked that we give him [new] rules at the Yacht Club and all of the other [food and beverage amenities}” that would give the Matt Ortt Companies more latitude in dealing with these kinds of incidents in the future. Horn said that she, Viola, Daly and DeAngelus have discussed rules for OPA venues that would be different from those that apply at the restaurants and bars the company manages in Ocean City. “He believes different rules are appropriate,” she said of DeAngelus, who she said makes a distinction between more adult-oriented venues in Ocean City with the “family environment” in all OPA food and beverage venues. While declining to specify the new rules under discussion, which would have to be ratified by the full board

once finalized, she said she believes they “will come a conclusion” soon and once adopted by the board, will be fully implemented by the Matt Ortt Companies. “My position as an individual director is that that no criticism for the way that John and Ralph handled it [the Janasek incident]” is warranted, she said. Horn said that the new rules she anticipates could not be applied retroactively to Janasek. She said that legal counsel is looking at ways that the Declaration of Restrictions could be revised so that this sort of “outrage to the community” would be less likely to happen again. Daly in a telephone interview May 27 added some detail to what sort of options that legal counsel is researching. One option would be to add language to the Declaration of Restrictions that already gives the OPA the ability to suspend voting rights and access to amenities for OPA members delinquent in paying assessments or who are in violation of OPA governing documents. This explicit right to deny access to amenities could be supplemented by adding language to the DRs specifying that unruly or threatening behavior at the amenities could result in a suspension, Daly said. He noted that amendments to the DRs giving the OPA the authority to regulate short-term rentals in Ocean Pines are almost ready to be

sent out to property owners for approval in a section-by-section vote. He suggested that language could be added to these proposed DR changes to give the OPA the explicit right to suspend amenity privileges beyond what is in the DRs currently. In another suggestion, Daly noted that the DRs in place in Section 18, where the Yacht Club is located, have a provision in them that says all federal, state and local laws are “incorporated” into those DRs. He said legal counsel is exploring whether any of these laws would give the OPA authority to more aggressively deal with incidents such as those that occurred at the Yacht Club May 20 from occurring or escalating. As for whether the board will take action to suspend Janasek, Daly he said he would do it if it were up to him personally, but that the directors have to consider the legal advice offered by counsel. Noting what he understands was the “peace order” obtained by Wheatley, Daly said it’s possible that the situation will be “self-correcting” if she is able to obtain an extension of it, in which case Janasek would have to leave the premises even if he was there before Wheatley. “That might take care of any problem before it happens,” he suggested. Whether Perrone will be willing to simply drop his pursuit for a Janasek suspension remains to be seen. The following is an excerpt of the police report by Cpl. Brasure of the Ocean Pines Police Department after the incident: “On 5/21 at 1249 hours, I was dispatched to the Ocean Pines Police Department, in reference to a confrontation that occurred at the Ocean Pines Yacht Club ... on Friday night, 5/20/2022, between a former OPA Board Member [Janaek} and a current OPA Board Member {Wheatley]. “Upon arrival, I met with the complainants {Wheatley and her husband Robert]. “Mrs. Wheatley stated that she and her husband were at the Ocean Pines Yacht ... between 1830 and 1845 hours [8:30 to 8:45 p.m.] They were outside on the patio near the tiki bar, talking to friends and waiting in line for beverages when they heard ... Janasek talking very loudly. They heard him say, “I’m going to do it” to Rich Kelly, as they sat together. “Mrs. Wheatley stated that after u

OCEAN PINES she and her husband received their drinks, they went over and said hello to [Kelly] and Mr. Janasek. Mrs. Wheatley said that Mr. Janasek stood up and said, “I’m going to do it.” Mrs. Wheatley mentioned that Mr. Janasek was a tall man, standing about 6 foot and 5 inches, and she stood 5 foot and 6 inches. Mr. Janasek stood over her and began loudly yelling at her because she did not vote for Doug Parks as President for their Board of Directors. Mrs. Wheatley mentioned that she did not know this was an issue. “Mrs. Wheatley stated that her husband who is 5 foot 10 inches told Mr. Janasek not to speak to his wife that way. Mr. Janasek told Mr. Wheatley to “f--- off.” Mr. Janasek continued to yell and berate Mrs. Wheatley for how she voted ... Mrs. Wheatley said her husband stepped between them an told Mr. Janasek, “Enough, do not talk to my wife that way!” Mr. Janasek told Mr. Wheatley again to “f--- off.” “Mr. Janasek spoke loudly and was heard over the playing band. He had the attention of many people around them. “The bartenders, Rob and Mari-

June 2022 Ocean Pines PROGRESS 29 ah, saw the verbal attack and called for support through radio. The Yacht Club Manager and another employee responded. They escorted Mr. Janasek away from Mr. and Mrs Wheatley, and then spoke to him. Mrs. Wheatley stated that Mr. Janasek broke away from staff and came after her yelling again. Her husband blocked him from getting to her. “Mrs. Wheatley said other patrons tried to get Mr. Janasek to leave. The staff again asked Mr. Janasek to leave and escorted [him] off the property. Mrs. Wheatley said Mr. Janasek’s girlfriend paid their bill ... “Mrs. Wheatley stated that she felt threatened. She said they walked down to the docks and spoke to some friends who were sitting there. “Mrs. Wheatley told me that alcohol was involved and she felt very threatened by Mr. Janasek’s behavior (getting in her face, yelling and cussing at her). “She is requesting an investigation, involving the review of video footage and witness accounts from staff, of Mr. Janasek’s verbal attack

Bike ride volunteers

Ocean Pine Recreation and Parks Department and the Worcester County Bike and Pedestrian Coalition teamed up to host a free community bike ride on Saturday, May 14. The 14-mile ride started at 4 p.m. at the Ocean Pines Racquet Center on 11443 Manklin Creek Road, and then finished at White Horse Park. Several Kiwanians volunteered to work the bike ride. Pictured left to right are Shelley Cohen, Steve Cohen, Steve Greco, Sarah Walker, Patti Baglieri, all Ocean Pines Kiwanians; Patti Stevens, Ocean Pines Recreation and Parks Advisory Committee Chairman. In back is Amy Peck, Ocean Pines Board of Director and liaison to the committee and Michael Fraser, member of the committee.

on her and his removal from the property. “Mrs. Wheatley spoke with OPA General Manager John Viola. She was instructed to file a report with

the OPA Police Department. I told Mrs. Wheatley to contact OPPD if he [Janasek] showed up at her residence and I would request officers to patrol by her home ...”

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30 Ocean Pines PROGRESS June 2022

OCEAN PINES

Board votes to suspend voting rights, amenity access to aid in CPI enforcement Action against six properties seen as tool to help avoid reliance on legal system By ROTA L. KNOTT Contributing Writer ix property owners will have their voting rights and ability to use the Ocean Pines Association’s amenities suspended for violating the restrictive covenants and failing to bring their properties into compliance. Director Rick Farr, who offered the motion to take action on the properties, said the goal is to shorten the timeline to compliance, save the OPA money, and provide a better forum for property owners to address their violations than legal action by the OPA. During a May 25 Board of Directors meeting, Farr said the Architectural Review Committee recommended the need to use interim

enforcement tools currently at its disposal to help reduce legal costs and to try to prevent property owners from having to become involved with the county courts. He pointed out that the authority to grant this request is found in the Declaration of Restrictions, the OPA Articles of Amendment and Restatement, dated September 12, 2013, and the OPA By-laws. “I think this is great. It’s on the books. We can use it,” Director Amy Peck said. The Board unanimously approved Farr’s motion and declared the existence of open violations on the properties. As part of the motion the board agreed to suspend the voting rights and use of association

amenities for as long as the violations continue to remain open. The subject properties are 41 Tail of The Fox Drive for having more than one shed, 87 Martinique Circle for not acquiring a permit for an addition, 21 Rabbit Run Lane for no permit for a sunroom, 5 Skipper Court for no permit for a garage, 73 Boston Drive for no permit for a fence, and 43 Wood Duck Drive for having a skateboard ramp next to a road. Some of the violations date to 2017 and despite multiple contacts by the Compliance Permits and Inspections (CPI) office and letters from the Architectural Review Committee. “The current method used to

persuade residents to comply with open violations on their property is to send two notices, after which the case is referred to the general manager for further action, which means the case is sent to legal counsel, provided the property owner has not complied prior to that. Even in normal times this has proven to be inefficient and costly to the association,” Farr said in making his motion. During the past two years COVID has made the situation worse since the courts were closed for much of the time, he said. However, some of the violations on the six properties presented for board action pre-date COVID. “The change in legal counsel and lack of attention by legal counsel to diligently pursue cases can also be a contributing factor,” Farr said in presenting his motion. All the subject violations were inspected by members of ARC to verify their status the week of April 11. Farr said the violations represent a small portion of the 61 cases in legal pipeline as of April 19, and represent approximately 10 percent of all u

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OCEAN PINES By two-thirds vote, the board can authorize the general manager to address those matters and apply the cost of the remedy to the subject properties. “We’re not looking at sending those to legal,” Dilworth said, adding that as a committee the ARC will prioritize cases to present to the board for types of internal action. “I just want to make sure the process is objective. It sounds like it is,” Horn commented. Director Frank Daly supported the motion to suspend the voting and amenities privileges of the six property owners for their outstanding violations. “I’m in favor of using any tool we can to bring people into compliance when they’re out of compliance,” he said. Daly has repeatedly commented at board meetings about the cost to the association of taking property owners to court for violations of the restrictions. He said any time the board votes to send a case to legal counsel “it’s like writing ourselves a $1,500 ticket.” And, he added, the person in violation simply laughs because they do not bear that cost. “So anything you can do to expedite it,” Daly said he supports, including suspends the rights for all properties in violation. Still, he added, “some of them won’t care and we’ll have to go to legal.” u

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violations cited in all of 2021. Peck asked how the suspension of voting rights and use of amenities will be handled administratively by OPA staff. Linda Martin, public works office manager, said the association’s membership office can put a red flag on each property owner’s account. OPA President Colette Horn asked how the six properties selected for action on May 25 were selected for the suspension of voting and amenity access rights. John Dilworth, ARC chairman, explained that the six properties were prioritized by date of the outstanding violations and by the fact that there were no permits for the structures. “The initial cut here was to pick several of the outstanding violations that had been in existence for the longest time and things where permits were not received,” he said. In the future, he said ARC will regularly review and rank property violations for disposition in this manner. Dilworth said he has been a member of the ARC for four years, and none of these enforcement tools were used during that time. “We’re kind of missing the boat to not only keep the problem here, but I think we’re in some kind of way doing a favor to the property owner because once they go in the court system, who knows what’s going to happen,” he said. As often noted by Director Frank Daly, however, property owners skillfully use the court system as a way of avoiding compliance with OPA rules, forcing the OPA to go to court. When Horn asked if all of the six properties subject to suspension of voting rights and amenity privileges meet the same criteria, Dilworth confirmed that they do. Horn said she wants to ensure that the OPA is “not vulnerable to the accusation that we cherry-picked certain properties for some reason that’s not rational.” Dilworth responded “there’s no personal vendetta here or anything like that. These are the ones that are most egregious and being the first time. [we] wanted to limit the list and get our arms around it.” He noted that as of May 6, the ARC has 29 opens violations of the restrictive covenants. Of those about 14 can be handled by the OPA inhouse because they involve issues such as cutting grass, trash or debris removal, and dangerous trees.

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Committee proposes vegetative buffer for goose control at South Gate pond Board asks for detailed plsn to be considered in next budget cycle By ROTA L. KNOTT Contributing Writer reating a 20-foot wide vegetated buffer planted with native species could help reduce the resident Canada goose population at the South Gate pond by more than 50 percent, according to the Environment and Natural Assets Committee. Following a May 25 presentation on the benefits of planting a buffer area around the pond, the Board of Directors instructed the committee to develop a full proposal for the project in time for consideration as part of next year’s budget process. The Environment and Natural Assets Advisory Committee for the last 18 months has been collecting and reviewing historical data re-

Possible appearance of the South Gate pond according to the Environment and Natural Assets Advisory Commitee should the Board of Directors approve a goose control program for Ocean Pines.

Enforcement From Page 31 Daly said he believes the OPA has streamlined its process for ad-

dressing violations but when it goes for legal remedy that process takes awhile and involves cost. “We might as well be spending it on a round trip to Mars,” he said.

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garding the various methods that have been used in Ocean Pines over the years to control the population of geese in area. The committee also researched state and federal sources of information regarding several other methods of deterring geese from populating the pond. Sharon Santacroce, committee chairman, said the committee is proposing a habitat modification around the South Gate Pond using native plants. She said the modification would serve two important purposes. “It will help stop the land erosion, one of our main goals, and also deter the Canada geese from gathering, building nests, and increasing their population,” she said. Committee member Karen Detter said there is a misconception that a vegetated buffer is just overgrown grass. “It can actually be a purposeful and beautiful planting,” she said. A pond buffer is a 20-foot wide strip of vegetation that would be allowed to grow around the pond to a height of 24 to 36 inches. That would To Page 34

June 2022 Ocean Pines PROGRESS 33

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34 Ocean Pines PROGRESS June 2022 Vegetative buffer From Page 32 prevent the geese from accessing the water as easily and deters them from foraging or nesting in that area, Karen Krun Detter said. “It also provides a lot of root grow that will prevent erosion of the soil and it can encourage more diversity of the ecosystem in that area that can have a beneficial effect on actually cleaning the water,” she added. Krun Detter said vegetated buffers have become an industry standard and said there are some Maryland localities where they are required around ponds and property owners can be fined if they are not maintained. “That’s how important they can be to conservation efforts,” she said. Studies “have found that habitat modification is the best way to discourage Canada geese from congregating in areas where humans would prefer that they don’t,” she added. The geese don’t like the vegetated buffers because they can’t see predators in the tall grass and they don’t like going through an area of higher vegetation where they can’t see what ahead of them, she said. The tall plantings also hinder their access to the water and they don’t like to eat it. “Their favorite food is actually newly mowed grass, so by mowing the grass very short you’re actually encouraging them to congregate in those areas,” she said Krun Detter said numerous case studies have shown that the buffers were successful in deterring congregating geese by 50 to 70 percent. Ocean Pines Association President Colette Horn asked how the vegetated buffers are maintained and wanted to know if it would require the services of a pond management company. Krun Detter responded that they don’t require a lot of maintenance if planned properly. “It would only require really yearly maintenance. I would say that depends on the way that it’s planned.” She said there are pond maintenance companies that could tend to the planted area for the OPA but it could also be designed to be maintained in-house. “A pond buffer doesn’t have to be just unmowed grass. It can be purposefully under taken and thoughtfully planted to increase the beauty of the area as well as accomplish our environmental goals,” she said. Environmental benefits of the vegetated buffers include helping

OCEAN PINES

Board takes action to reduce unauthorized tree removals Property owners now required to submit notarized applications or in person at CPI office

By ROTA L. KNOTT Contributing Writer cean Pines property owners will now have to either sign a permit application in front of Ocean Pines Association staff or have the document notarized before they can receive approval to remove trees from their lots. In an effort to curtail tree cutting without a permit in the community, the Board of Directors on May 25 agreed to amend the OPA’s permit application to require the verified signature of the property owner for all tree removal applications. Director Rick Farr made a motion, which was given a second by Director Doug Parks, to amend the OPA’s tree removal permit process and application. In making his motion, Farr said that “the purpose of this request is to require that a permit application presented for the removal of trees can only be completed with the verified involvement of the property owner.” He said the goal is to ensure that property owners are aware of the permit requirement as well as any potential liability associated with removing trees without the benefit of a permit. His motion called for amending the application form to include the requirements that the applica-

to filter runoff and keep pollutants from entering the pond and eventually the watershed. The buffers also help to improve the ecosystem by encouraging biodiversity, Krun Detter said. “When you plant native plants especially it will encourage natural predators of some of the nuisance animals and creates more of a natural cleaning cycle that can help increase the quality of the water as well as the quality of the other vegetation around the pond,” she added. Planted buffers also prevent soil erosion, a significant problem at the South Gate pond where the banks have eroded toward the road. “There do need to be erosion mitigation efforts taken there,” Krun Detter said of the South Gate Pond where there is a a lot of debris vegetation but not much live vegetation. “There’s very little land strip left where the pond is coming closer to the road,” she said. She said the vegetated buffers can be planted in an attractive manner, “It doesn’t have to look just

tion form must include a notarized signature of the property owner, the actual permit must be prominently displayed in a front window of the residence, that no trees can be removed without the permit being displayed. Additionally, his motion noted that any property owner who does not pick up the permit from the Compliance Permits and Inspections office and removes the trees will be subject to a violation for failure to follow the procedure. As background, Farr said the Architectural Review Committee and CPI (Compliance, Permits and Inspections) office “have been voicing their concerns relating to unauthorized removal of trees for some time. It is a fact that in too many situations the process is being ignored. It is widely recognized that the only party the Association can hold responsible for failure to obtain the proper authorization to remove trees is the property owner. By the requiring property to become more involved in the process there will be no excuse for not knowing the requirements and penalties.” Director Frank Daly asked why Farr’s motion called for a notarized signature of property owners. With Robert’s Rules suspended, ARC Chairman u John Dilworth answered Daly.

overgrown. If it’s done purposely and planned well enough we can reap those environmental benefits as well as an aesthetic value from the plantings around the pond.” Krun Detter said the committee has talked with Assateague Coastal Trust and other environmental organizations for assistance with selecting native plants for use in a buffer zone. “This is such an important restoration concept that many environmental agencies and well as animal welfare agencies have printed a lot of guidance in the form of to docase studies suggestions for planting,” she said. General Manager John Viola agreed that erosion is a significant problem at the South Gate pond and asked if the area could be restored. Krun Deter said the committee has not gotten that far in its research and will need to discuss the issue with Worcester County and erosion control professionals. When Viola asked if he committee had any cost estimates for creat-

ing a vegetated buffer to control the geese, Krun Detter again said the committee doesn’t have that information yet. She added that in doing the research so far, she has found several potential grant opportunities to help cover the project cost. Director Frank Daly said he supports the proposal for a vegetated buffer but cautioned that may be difficult to achieve on the Ocean Parkway side of the pond and still comfortably accommodate pedestrians. “That has to be considered,” he said. Daly also encouraged the committee to move quickly to develop a full proposal with cost estimates so it can be included in next year’s association budget. “As you work forward, we’re gonna need a schedule, we’re gonna need a cost estimate and how effective it’s going to be,” he said, adding that “we’re going to be putting together a budget after the end of this season and it would be very useful to have this information for the budget.”

OCEAN PINES

June 2022 Ocean Pines PROGRESS 35

Viola tries to navigate disc golf in Bainbridge Park Hopes time will convince critics that other activities won’t be affected by ‘trial’ amenity By TOM STAUSS Publisher cean Pines Association General Manager John Viola is walking a bit of a tightrope on a new amenity that has been introduced in Ocean Pines’ Bainbridge Park. Disc golf, as it’s called, is operating on a trial basis in the park, and that’s upset some, but not all, of the neighbors. A handful of critics showed up to complain during a 90-minute town hall meeting May 23 in the Golf Clubhouse meeting room, with Viola, Recreation and Parks Director Debbie Donahue, and Brian Dean from Eastbound Disc Golf. Eastbound Disc Golf installed the disc golf course in Bainbridge Park in May on a trial basis, at no cost to the OPA. Viola is trying to give critics an opportunity to express their con-

cerns and supporters and advocates space to offer another perspective. In the end, if the opposition stays vocal and increases their numbers, he might have to pull the plug on the trial. Viola hopes the opposition will recede over time and critics recognize that disc golf isn’t doing any environmental damage to the park, and that other activities in the park can co-exist with disc golf. During the Board of Directors’ May 25 monthly meeting, Viola reiterated that disc golf will not in any way interfere with new playground equipment that will eventually be installed at the park. According to Dean, there are currently ten holes on the course. Each has a small tee box where play begins, and a basket that functions like a golf hole. Players must bring their own discs, or frisbees.

“This is a trial basis for both ends,” Viola said during the May 23 town hall, adding that he received several calls and emails on the course. “I’ve asked Brian to come in to tell everybody about it, to explain it ... and obviously to answer any questions that you all have.” Dean said he and his family live in Ocean Pines. “We’re members of the community just like all of you are,” he said. “We’ve lived here year-round and have done so for quite a while now.” He said the idea for the course came up when Donahue approached him to help plan an ultimate frisbee league as park of Ocean Pines’ Recreation and Parks programming. “At that time, I also presented her with a plan that I had been working on for quite a while now, that I believed ... it would serve as a great addition to the park to have a disc

Tree removals

ing down all over the place,” he said, adding that “this is our attempt to get a handle on the process. Make sure the owners understand what is going on.” Dilworth said ARC is receiving a lot of complaints and comments from property owners about the number of trees being removed in the community. He said he “actually had one person tell me the reason he bought here was because there were a lot of trees in this community and they all seem to be getting taken down.” Daly said supports a more stringent permit process but didn’t see a benefit to requiring notarized permit applications. “I’m fine with tightening the process. I’d be fine with tightening the process a lot further but I just don’t understand the notarized signature part,” he said. Dilworth reiterated that the proposed requirement for a notarized permit application for tree removal was simply to make sure that the property owner is involved with the process. He said frequently property owners hire tree removal companies without obtaining a permit or rely on the companies to obtain the necessary approvals for them.

“All these things are for a small portion of people who just ignore what the right thing to do is,” he said. Daly questioned whether Dilworth meant trees were being removed from lots without the property owners’ knowledge. He said that “if somebody shows up on my property and I haven’t authorized that” he would stop them from cutting trees. “When a person shows up on your property to remove the tree they don’t show up randomly.” Dilworth clarified that isn’t what’s happening. Rather some property owners are simply contacting companies for removal of trees and relying on them to acquire permits. But not every contractor applies for the permits. Director Josette Wheatley agreed with the requirement for a notarized signature. “That makes you accountable being the homeowner,” she said. “I think this is their goal to try and narrow it down so that you know the rules and it’s not the contractor coming in and clearing your lot while you’re at the beach.” Parks suggested relaxing the requirement for a notarized permit application by allowing property

From Page 32 He said the proposed requirement for a notarized signature is an attempt to ensure the property owners are more involved in the permitting process and not simply expecting the tree removal companies to handle the details. “We’re finding that a lot of these owners are going off on their own hiring a tree company. They’re coming in with no permit and when the trees are gone we can’t do anything about it,” he said. Requiring property owners to sign off on the permit application will ensure that “they now know what the process is. They now know what they have to do. They now know how it works and they understand from the education standpoint what will possibly be the penalty enforced if they don’t do it.” As for the logistics of having the permit application notarized, Dilworth called it a “minor inconvenience.” He said there is a notary available at the CPI office and most banks will notarize documents for free for customers. “The process is just kinda break-

golf course installed there.” Dean said he gave Donahue a layout plan in February or March, and they both toured the park area at that time. Dean also inspected the park with Public Works Director Eddie Wells and Public Works Manager Nobie Violante “to make sure there were no conflicts from their end.” “Having received a go-ahead from them, we went with our first level of installation, which is the baskets that you all see now,” Dean said. Addressing concerns that came up during the town hall, Dean said he met with Dave Wilson. Wilson is the former executive director of Maryland Coastal Bays Program, and current president of the Maryland Bird Conservation Partnership, the Breeding Bird Atlas Coordinator for Worcester County, and the Amphibian and Reptile Atlas Coordinator for Worcester County. “I walked the course with him, and his conclusion at that time was that there is zero to no impact on the surrounding wetlands [and] the surrounding environment that would be a cause from this park,” Dean said. Wilson later confirmed that stateu owners to sign the document in person in the presence of a public works employee. “That may be a way around that,” he said. He added that the new requirements should be communicated to local tree removal companies to ensure they are aware of the changes to the permit process. Dilworth supported both of Parks’ recommendations. “I do think it’s a good idea to get out in front of these tree companies,” he said adding that they could be sent a letter “so they know they can’t show up without a permit.” OPA President Colette Horn supported allowing property owners the flexibility to sign their permit applications in person before an OPA representative. She said that will help ensure that the tree removal companies don’t overstep the authority of the permit. Directors unanimously approved both an amendment to Farr’s motion to allow both notarized and in person signatures by property owners. They then unanimously approved the amended motion to revise the tree removal permit process and application form.

36 Ocean Pines PROGRESS June 2022 Disc golf From Page 35 ment is correct. Dean said disc golf players follow a code that encourages players to “never throw into a blind area or when players, spectators, pedestrians, or other facility users are within range.” The code also calls on players to observe posted park rules, and not to litter or disturb equipment or plant life. He said there have been no major incidents or injuries reported at a disc golf course at Schumaker Pond Park in Salisbury, which has been active for almost two decades. Ocean Pines reached out to representatives from Berlin and Ocean City, who said there were no reported incidents at similar disc golf courses in those communities. Dean also said reports that discs would be flying at 50-70 miles per hour at Bainbridge are not accurate. “That number is for long-distance shots made by professional disc golfers,” he said, adding that at Bainbridge the average speed was “probably 20 to 30 miles an hour” and using specialized discs. “A regular frisbee flies even slower,” he said. Viola said he was not aware of any changes made to the park during the installation, other than some brush being cleared. Some of the opponents have said the clean-up was more extensive than that. Viola said he does not believe any trees were cut down. Viola said new playground equipment at Bainbridge Park is still a priority, and the disc golf course would not conflict with those plans. Donahue said there was a delay in getting that equipment, because the playground was designed to be ADA compliant and inclusive to those with disabilities. “In order to do that, it’s going to take quite some time to be able to restructure that,” she said. “A lot of pieces have to come together to make that an ADA compliant playground and make it inclusive for everyone to use.” Viola said board approval for disc golf was not initially sought, because the program was being done at no cost and on a trial basis. “Obviously, [the town hall] is part of that process,” he said. Viola said he spoke with board leadership during regular weekly meetings, when the project was compared to the recent Spec Tennis addition at Ocean Pines Racquet Sports. “They said that we didn’t need to go to the board for approval,” Viola said. “There was no cost. It was going to be a trial basis .... and they left it up to us.” “We thought it was a good opportunity to try it out. Nothing’s in concrete,” Viola continued. “It’s a trial basis, which is all part of the process.” Donahue reiterated that the course is temporary for now and can be taken out. “We have the opportunity to keep it if we so chose to, but if not, it can all be removed,” she said. “Debbie is trying to the do the best ... we all are, in trying to put something out there,” Viola said. “Let’s see how this works out. I’m listening to everything.”

OCEAN PINES

Companion doll-making

The last project for the K-Kids, a Kiwanis-sponsored group at Showell Elementary School, was making "Comfort Bags" filled with a companion doll, a small stuffed animal and other items to help comfort children whose families have interacted with the Worcester County Sheriff's Department. Pictured are the K-Kids filling the bags under the supervision of Faculty Advisor Evy Collins, Kiwanis Club Advisor Candy Foreman and Chair of the "Companion Doll' making, Kitty Wrench.

OCEAN PINES BRIEFS Horn apologizes for press release reissue

Acknowledging that it was “ill-advised” and that she may have “created the very problem I was trying to avoid,” Ocean Pines Association President Colette Horn in a May 25 Board Of Directors meeting apologized for asking for the Marketing and Public Relations Director Josh Davis to reissue a press release announcing candidates for the Board of Directors this summer. The second press listed candidates in alphabetical order, while the first one had listed then randomly, but with challengers Stuart Lakernick, Monica Rakowski and Paula Gray listed ahead of two appointed incumbents, Amy Peck and Josette Wheatley, and Steve Jacobs. The order prompted a complaint from Peck to Board Secretary Rick Farr, who had supplied the names to Davis for inclusion in the initial press release, that the order displayed bias. After checking with legal counsel that listing candidates alphabetically constituted “best practice,” she said she asked Davis to reissue the press release. He complied. The intervention in the duties of OPA Secretary Rick Farr triggered protest, with critics saying that the OPA president has no authority to involve herself in duties assigned to the OPA secretary.

Viola reports progress on pickleball courts

In his May 25 General Managers report, John Viola reported on progress at the Racquet Sports Center in South Ocean Pines. The sub-base for the new pickleball courts were completed in-house within budget, Viola said, and the outside contractor has begun site prep work, with the majority of work to begin the first week of June. Crack maintenance on the Har-tru courts should begin in early June, to be completed within 14 days, weather permitting, he said. Public Works crews have been busy working on a punchlist of maintainance items identified by committee members, Viola said.

Floating planters installed in North Gate ponds

Viola also reported that Public Works Landscape Supervisor Tony Howard recently installed floating planters on both sides of the North Gate pond. They’re designed to help with nutrient and algae control, while providing resting places for turtles and shade for fish. Viola said that if good results are achieved, more such floating planters will be installed in other ponds. Cost of materials and plants was $1,000.

Culvert pipes approved for Bainbridge project

One of if not the last pieces of the Bainbridge Park drainage project was approved by the Board of Directors May 25. The directors accepted the staff recommendation for Deppe Brothers Excavation of

OCEAN PINES Bishopville to proceed with installing culvert pipes on Beaconhill Road at a cost of $13,676, on Pinehurst Road for $12,236, and Sandyhook Road for $12,236. General Manager John Viola said that covid has delayed working with the county on coordinating this project, which requires the county to move utility lines so the OPA can then have the contractor installed new culvert pipes. That work should happen the week of June 16, with the contractor then targeting the end of June for completion of culvert pipe installation, Viola said. Viola also noted that Pelican Underground LLC from Florida would be in Ocean Pines at the end of June to begin this year’s installation of cured-in-place piping, a hard resin product injected into pipes are often more than 30 years oldt, greatly extending their lifespan. Supply chain issues delayed arrival of materials. Public Works will be assisting in certain parts of the installation to save cost and time, Viola said. The board previously approved this year’s expenditure of $423,00, which reflects an increase in drainage spending consistent with recent years, Viola said.

OPA repainting Swim and Racquet Club

While roof replacement at the Swim and Racquet Club might not happen until fall, General Manager John Viola said during the May 25 board meeting that Public Works are hard at work sprucing up the venerable facility. The exterior of the club is being repainted and some cedar shakes replaced, with work expected for completion before Memorial Day. Some additional maintenance will be done inside before the start of the season or deferred to the end of the season, Viola said.

Viola reports on t-dock, mailbox improvements

General Manager John Viola at the May 25 Board of Directors meeting announced that installation of new t-docks at the Yacht Club Marina is now slated for July. The docks have been built off-site, but Viola said delivery of floats that go under the docks is six weeks out. The delay won’t affect the inauguration of a water taxi service at the Yacht Club Memorial Day weekend, Viola said, but once installed, one section of the new t-docks will be used for the water taxi service. Construction cost of the t-docks has been budgeted at $65,000. During the meeting, the Board of Directors approved a staff request for an expenditure of $60,987 to Salisbury Industries for replacement of cluster mailbox units and pedestals, with most of the underlying concrete issues to be addressed in-house. The expenditure will be for ______ sites of the 55 cluster box locations in Ocean Pines. Viola also disclosed that four additional cluster box sites on Newport Drive, Sandpiper Lane, Seabreeze Road and Windjammer Road were recently cleaned by Public Works staff.

Board approves two committee appointments

The Board of Directors during its May 25 monthly meeting approved two new first-term advisory committee appointments. Beth Gismondi was named to the Architectural Review Committee and Thomas Fraser was named to Recreation and Parks.

Public Works yard to close for summer

The Ocean Pines Public Works yard has closed for the summer, effective May 28. Republic Services customers may place up to four additional bags of leaves or yard debris curbside for each scheduled pickup. Republic will also pick up branches if they are tied in bundles no longer than 4 feet and weighing no more than 50 pounds. The Public Works yard is on 1 Firehouse Lane, next to the Public Works Department.

Pickleball tournament set for June 11-12

Registration is now open for the 2022 Summer Classic Pickleball Tournament, scheduled June 1112 at the Ocean Pines Racquet Center. Pickleball Club Secretary Julie Woulfe said the event is a double elimination tournament set across several skill levels. The event this year is exclusive to Ocean Pines Pickleball Club members. Men’s and women’s doubles matches are scheduled on Saturday, June 11, and mixed doubles matches are scheduled on Sunday, June 12. Play starts at 8 a.m. “Medals will be awarded to winners at every level of play, and an engraved plaque will also be hung in the clubhouse showing all the 2022 winners,” Woulfe said. Entry is $10 per player for one event or $15 for two events, and the registration deadline is June 1. To sign up, download the registration form at https://oceanpines.org/documents/10184/89280/OPPC+Tournament+2022+Registration+form+and+Self+Rating+Guide.pdf and follow the instructions. Make checks payable to OPPC, and mail the check and completed form to Patty Felix, 323 Piedmont Court, Ocean Pines, Maryland 21811. Woulfe encouraged the public to come out and watch the competition. The Ocean Pines Racquet Center is on 11443 Manklin Creek Road in Ocean Pines.

June 2022 Ocean Pines PROGRESS 37

Water taxi service in Ocean Pines starts May 31

tarting on Tuesday, May 31, Ocean Pines residents can take advantage of a new service: a water taxi carrying passengers between Ocean Pines and Ocean City. Thanks to a collaboration with OC Bay Hopper, riders can leave from the Ocean Pines Yacht Club to one of three stops in Ocean City: 118th Street, 48th Street, and the West Ocean City Harbor. The water taxi is scheduled to travel from Ocean Pines to 48th Street each day at 12:45 p.m., 3:45 p.m. and 6:45 p.m. Boats will return to Ocean Pines heading north at 2:15 p.m., 5:15 p.m. and 8:15 p.m. One-way passes will cost $15 and roundtrip tickets will run $25. Ocean Pines General Manager John Viola said he sees the water taxi as both a service for residents and a potential benefit for Yacht Club business. “We encourage Ocean Pines residents to take a trip over to Ocean City and stop by the Yacht Club for a drink or bite to eat, before or after their ride,” Viola said. “We see this as a service for our residents and we believe it will be a benefit to us.” Ralph DeAngelus, co-owner of the Matt Ortt Companies that manages the Yacht Club, said he believes the strong live music at the Yacht Club will be enough to pull some visitors from Ocean City to Ocean Pines. “The Yacht Club fully supports the arrival of the water taxi to and from its docks on a daily rotation,” he said. “We believe it will be financially beneficial, and we thank General Manager John Viola and the Board of Directors for pushing it through.” OC Bay Hopper will also offer a special sightseeing trip from Ocean Pines to Assateague on Tuesday and Thursday mornings. “Our plan is to pick riders up at the docks in Ocean Pines at 9 a.m. and whisk them down to Assateague for a tour of the island by water,” OC Bay Hopper Co-owner Steve Butz said. “They’ll get an amazing view of the wildlife and then return to the Yacht Club at about 11:15 a.m., just in time for lunch,” he added. Launched in 2018, OC Bay Hopper transported roughly 8,000 riders last summer. Starting this summer, Butz said each of the three Bay Hopper boats would carry an Ocean Pines Yacht Club placard, and that OC Bay Hopper staff would help promote Ocean Pines as a new destination. For more information, visit www.ocbayhopper.com.

38 Ocean Pines PROGRESS June 2022

OPA ELECTION

Six candidates certified for OPA election Board infighting already intruding on this summer’s election process

By TOM STAUSS Publisher cean Pines Association Secretary Rick Farr shortly after the filing deadline of May 12 announced that he has certified six candidates as eligible to run in the 2022 Board of Directors election. The candidates, in alphabetical order, are Paula Gray, Stephen Jacobs, Stuart Lakernick, Amy Peck, Monica Rakowski, and Josette Wheatley. Peck and Wheatley are appointed directors seeking three-year terms. Gray and Lakernick are candidates in prior years, with Lakernick winning more than 1500 votes last summer in a contest in which he placed third. Rakowski, a member of the Aquatics Advisory Committee, and Jacobs, a member of the By-laws and Resolutions Advisory Committee, are running for the board for the first time. An earlier version of a press release had the candidates arranged randomly, Rakowski, Lakernick, Gray, Peck, Jacobs, and Wheatley, touching off a board kerfuffle involving Farr, OPA President Colette Horn and Peck, with Director Doug Parks weighing in as well. “What nonsense is this, Rick? What kind of games are you playing now?” Peck said in an email to Farr copied to other directors. Peck seemed to be accusing Farr of listing candidates Monica Rakowski and Stuart Lakernick first to

help their election prospects. Farr vigorously denied that assertion. In an interview, he said the order of the candidates was random, and that an early press release listing candidates would have “zero impact” on how OPA members vote in the election. But Horn without board approval directed OPA Public Relations Director Josh Davis to reissue the press release, this time with the candidates listed alphabetically. Farr called that improper intervention in the responsibilities of the OPA secretary by an OPA president, and that in turn triggered a reaction from Horn, who included on the agenda for a special meeting May 25 “to discuss matters pertaining to employees and personnel, specifically discussion of officer performance of required duties.” Some sources said it was Horn’s intent to remove Farr as secretary, but there was little appetite among the directors to take that drastic of action. The closed meeting agenda was understood to pertain to Farr’s performance as secretary, which includes the vetting of this year’s six-person slate of candidates. Farr relied on the vetting of candidates performed by OPA Assessments and Membership Director Ruth Ann Myer, who has been performing that task for the OPA for many years. Horn according to sources wanted Farr to conduct a more vigorous vetting himself, unilaterally

Janasek bows out of run for OPA board ‘this time’ ROC’s Clifford also opts out of run

By TOM STAUSS Publisher hree Ocean Pines Association members who had been giving serious consideraion to running for the Board of Directors in this summer’s election opted not to run. One of them, former director Tom Janasek, month’s earlier had announced his intention to run, the first candidate to do so. He took himself out of the running on the day candidate applications were due, May 10. “Up until this morning I was planning on running.” he said in an email message. He offered two reasons for changing his mind. The first was not “splitting the vote, like in the past.” Janasek is endorsing candidates Stuart Lakernick and Monica Rakowski, both of whom have the support of the Get Involve Facebook page founded by Lakernick’s wife, Esther Diller. “I know there are at least six candidate, and I’m hopeful this will be Stuart’s time,” Janasek said. “I’d rather throw my full support behind Stuart and Monica and give them a better chance” of coming out on top. Janasek also said he talked recently with two directors with whom he’s aligned, Doug Parks and Rick Farr, suggesting that he’s been filled in on continuing friction among the directors. He also said he was confronted by Josette Wheatley’s husband at the Yacht Club recently. He didn’t provide details, but apparently it was an unpleasant encounter. Wheatley, an appointed director, is one of the candidates running for the board this sumer. Another previously identified potential candidate, Sherrie Clifford, founder of the Ocean Pines Residents Oversight Committee (ROC), didn’t file an application. Newcomer Gary Murray, who attended a recent candidates orientation session hosted by the OPA Search Committee, opted not to run, leaving the slate of candidates at six.

without a board vote removing him as liaison to two advisory committees, Architectural Review and Recreation, to allow him more time to vet the candidates. Farr said taking away his committee assigns was unnecessary and that Horn had no authority to take the action she did. Horn in a response to her colleagues said that there is an officer “hierarchy” on the board and that she had the authority to act as she did. Farr was unanimously elected secretary at a special board May 13. There was an obvious irony in the appointment, as a year ago he was locked in a contentious political and legal battle against a board majority after the then board secretary rejected his candidacy for the board. A state circuit court judge ruled in favor of Farr’s seating and he was seated as a director, having won the most votes in the election last summer. Wheatley, whom Farr replaced, resigned her position as secretary after she filed an application to run for the board just before the May 10 filing deadline. One key duty of the secretary under OPA by-laws is to verify candidates’ eligibility for running and serving on the board. After Horn sent an email to Farr telling him that he had not done a good job of vetting candidates, Farr told Horn that vetting of candidates is his sole responsibility under the by-laws and the president has no authority to intervene in the process. There has been no suggestion that any of the six candidates submitting applications are ineligible to run for the board. In response to criticism in an ocean Pines Forum commentary, Pecv said she would not respond directly. “As a commentary, it does not have all the facts so I will not comment on it. I do agree ... that it is ironic that Mr. Richard Daniel Farr now has the responsibility of Secretary given what happened last election. Election integrity is extremely important to me and one of the reasons I pushed for electronic voting, shortly after I was appointed and look forward to it being implemented; however, that sounds like I am campaigning, and I’m not a politician.” Horn also declined to comment on the Forum commentary, which reported that Horn instructed General Manager John Viola to “have Marketing and Public Relations Director Josh Davis send out a revised news release. with the candidates listed in alphabetical order. She said she had discussed the commentary with its author, Forum administtator Joe Reynolds. According to the commentary, “there is nothing, absolutely nothing, in the OPA governing documents requiring the announcement of eligible candidate names in alphabetical order. In fact, history indicates it is most common that the announced names are not in alphabetical order. Candidates will later participate in a chance u

OPA ELECTION

June 2022 Ocean Pines PROGRESS 39

Candidates respond to Progress questions

Please provide a brief bio of yourself focusing on your background that you believe is relevant to service on the OPA board. Steve Jacobs -- Currently serving on the Ocean Pines By-Laws and Resolutions Committee and the Golf Advisory Committee; served for three years as President of the Hardings Run Homeowners Association in Silver Spring; Member and Chair two years of the East County Advisory Board of Montgomery County (citizens group to raise issues of importance for residents of the east side of the county to the county government); Member of Temple Bat Yam, Berlin; Retired attorney, worked in two small, general practice law firms, handled a variety of criminal, civil and family law cases; Special Attorney with the Maryland Attorney General’s office litigating child support cases in Howard County; served for eight years as Legislative Assistant and Chief Legislative Assistant for Members of the U. S. House of Representatives (from both parties). In addition, served approximately 15 years as Vice President, Legislative Affairs for two trade associations. During that time, I worked successfully on major energy, communications, consumer protection and copyright legislation. I know the importance of listening to all sides and finding a consensus to problems. Amy Peck -- Married, two sons. I’ve spent every summer in OP since we bought our home in 2002. I bring the knowledge and perspective I’ve gained as a part-time and full-time owner, past OPA employee, mom, volunteer, and appointed director. I’m finding my past paralegal research skills useful as I fulfill my duties. I fully research an issue so I can understand all sides, ask questions and find solutions. I consider myself a “feet on the ground” volunteer: meaning I attend all meetings, volunteer regularly, visit OPA sites daily and actively serve my three committees. My attention to detail is helpful when reviewing materials, the budget and crafting motions. I’m an extremely dedicated hard worker. Stuart Lakernick -- What are the qualifications I feel are needed to be a director? You have to have a desire to serve your community. You have to be caring and compassion-

OPA election From Page 38 drawing to determine name order on the ballots. “As president, Horn has no unilateral authority to direct the General Manager to do anything without direction from the entire board. The bylaws charge the board President with: “(5) directing the General Manager or management firm to implement actions or programs specified by the Board. “The Board of Directors never told Horn to instruct the General Manager to change an official election-related OPA news release. “As corporate Secretary, the bylaws grant Farr sole election-related authority to carry out “the

Gray

Jacobs

Lakernick

Peck

Rakowski

Wheatley

ate. You have to have the ability to get along with differing personalities. You have to be business minded. You have to make decisions which are fair to the community at-large. I possess all of these qualities. As for being community minded, caring and compassionate, I am a Rotarian and a Lion and have served on the board of my Rotary. I am very community-minded and this past year alone helped to conduct a Toys for Tots drive, a food drive, and a coat drive with donations going to Diakonia. I feel that it is our duty to help our neighbors. I was a part of Operation Stand Down. This organization takes homeless veterans off the street and plugs them back into the Veterans Administration. We have helped thousands of Vets. The ones that got their lives back on track often come back as volunteers to work with us. My business style comes from what I have learned in my Rotary and Lions experience. In Rotary there is a four-way test which you need to honor before speaking: Is it the truth? Is it fair to all concerned? Will it build goodwill and better relationships? Will it be beneficial to those you serve I have the experience necessary to help ensure the Association keeps a steady financial hand, especially as we transition to a new general manager in the near future. I have been in continuous practice as a Doctor of Chiropractic since 1992, overseeing all facets of the business, one of the largest practices in my county in Pennsylvania. I currently spend my time between my homes in Pennsylvania and Ocean Pines and have recently

brought another doctor into my practice so I can move towards making Ocean Pines my full-time residence. Paula Gray -- Permanent resident of Ocean Pines, wife, mother, grandmother. Railroad yardmaster 32 years (retired). Required extensive planning, ability to make rapid, valid decisions and enact them; interactions with federal agencies, corporate departments, state of Maryland, customers. Appointed by governor to Foster Care Review Board. Treasurer and president of Friends of Down Park. Coastal Bay Seals Steward, member of the National Aquarium, responding to stranded animals whole working with OC Animal Control. Ocean Pines Womens Club, American Mensa, Intertel, American Association of University Women; Friends of Ocean Pines Library. Monica Rakowski -- I have been volunteering and fund raising since I was a teenager. I have received recognition and awards including the local Optimist Girl of the Year award. I served as President of the Mother’s Club at my daughter’s school and sat on the parish counsel. I have coached baseball, softball and indoor soccer teams. I am a member of the OPA’ Aquatics Advisory Committee. Most recently, my background in consulting and project management for more than 18 years makes me an ideal candidate for the job. I am very enthusiastic and give my all to every job that I have taken or been given. I am running, I will be open and approachable. I will stand for all the members in Ocean Pines. u

functions associated with elections and referendums as outlined in Sections 3.03, 4.04, 4.07, 5.02, and 5.03, and in applicable Resolutions adopted by the Board.” “Clearly, Colette Horn should not have become involved. Clearly, Amy Peck was out of line with her accusatory comments to Farr. Neither action accomplished anything positive for Ocean Pines,” Reynolds concluded. This year, three seats on the board will be up for election: those currently held by Larry Perrone, Peck and Wheatley. The seven-member board is the governing body of Ocean Pines. Important upcoming election dates include: • Eligible Candidate Draw and Workshop (to determine ballot order and seating during can-

didate forums) - Tuesday, June 7, at 2 p.m. in the Ocean Pines Community Center • First Candidate Forum - Wednesday, June 22 at 6 p.m. in the Clubhouse Meeting Room • Second Candidate Forum - Saturday, June 25 at 10 a.m. in the Clubhouse Meeting Room • Cutoff date for voter eligibility - Wednesday, July 6 • Ballots mailed - No later than July 12 • Ballot Deadline - Wednesday, Aug. 10 by 4 p.m. • Ballots counted and vote totals announced Thursday, Aug. 11 starting at 10 a.m. in the Clubhouse Meeting Room • Annual Meeting - Saturday, Aug. 13. Time and venue to be determined.

40 Ocean Pines PROGRESS June 2022 Candidates respond From Page 39 I’m hoping for a chance to work harmoniously with other board members and volunteers as well as the management team to continuously make Ocean Pines a great place to live. If you like me and believe in my goals, please vote for me in the next Ocean Pines HOA Board of Directors election! Josette Wheatley -- Owner, AES Drafting Services; memberships in Ocean Pines Chamber of Commerce, Ocean City Chamber of Commerce, Business Network International Ocean Pines. Member, Communications Advisory Committee since November 2018, Board liaison 2022, secretary during 2020-2021. Team member of OPA Residents Academy creation. 50th Anniversary Committee member. Appointed to the Board of Directors in October of 2021, secretary until announcing candidacy for Board of Directors. Past president of Harrington Community Homeowners Association in Howard County, Community Emergency Network Response Team) member. Why did you decide to run for the Board of Directors? Amy Peck -- I’m serving because I love Ocean Pines! As much as I miss working for Aquatics, I believe I have been an effective Director and am proud of what I have accomplished. I wish to continue to serve my community. I’m pleased I brought hybrid meetings to the Clubhouse that increased transparency and participation, but I want to see electronic voting implemented. In my role as Liaison to the Racquet Committee, I’m thrilled we now have a Spec Tennis Club, but I want to help see John Viola’s vision for the center implemented. It’s an exciting time to be involved with Rec and Parks. I enjoy being their Liaison and volunteering at the events. The SPAC Committee will be having another meeting with the Board focusing on OPA’s goals for the future. Fiscally conservative (my husband says frugal), I don’t want to see our HOA dollars wasted. Stuart Lakernick -- I have run as a candidate for the board of directors in this amazing community the last two elections. In the previous election, 1,511 folks believed in me and I am hoping to build on that support this year. I have the experience necessary to help ensure the Association keeps a steady financial hand, especially as we transition to a new general manager in the near future. I have been in continuous practice as a Doctor of Chiropractic since 1992, overseeing all facets of the business, one of the largest practices in my county in Pennsylvania. I currently spend my time between my homes in Pennsylvania and Ocean Pines and have recently brought another doctor into my practice so I can move towards making Ocean Pines my full-time residence. In the past two years I have attended, virtually or in-person board meetings, town halls and some committee meetings in order to familiarize myself with the various aspects of the community, and feel I can serve you well as a board member. In closing, The Lions toast is as follows: “Not above you, Not below you, But with you”, and a

OPA ELECTION mantra I live by. I strongly believe our board can work cohesively together by truly listening to the viewpoints of the community along with fellow board members. I will make decisions based not only my views but with the reasoning of others. I look forward to serving the people of Ocean Pines and I would appreciate your support. Paula Gray -- There seem to be a growing disillusionment and distrust of the Board, along with the fact that so many Board members have quit. Volunteer positions are never easy, consume a great deal of time, and require patience. My past has gifted me with the ability to perform under these conditions and to use my greatest gift of all: common sense. Hopefully the balance will return stability to our community. Monica Rakowski -- I have been volunteering for decades, it is a part of who I am. I am excited for the chance to participate and continue my service in Ocean Pines. Josette Wheatley -- To continue the momentum of growth, prosperity and leadership of our beautiful community of Ocean Pines. Steve Jacobs -- I believe in and enjoy serving my community. I can make a contribution to the well being of Ocean Pines and would relish the opportunity to bring various groups and/or individuals together to find common interests and solutions. What are your primary objectives if you are elected to the board. (please confine to your top two or three)? Stuart Lakernick -- We need to finish the Bainbridge pond project with the overflow through to Beauchamp Road. Too many of our neighbors are flooded each time it rains. We need to be MORE fiscally responsible in terms of our legal expenditures. The Beach Club has to be tended to; it is in desperate need of renovation. The Iconic bridge on the north side needs attention. New lights were ordered, but this is not the only problem with this bridge. Paula Gray -- Bring the board back to civility and performance, find much broader ways to include/involve new and old residents in Ocean Pines operations, and secure our current finances and the current GM for continued success. Monica Rakowski -- Protect the value of our properties. Improve Board of Directors transparency. Too many decisions are being conducted via emails and closed special meetings. The current lack of transparency is testing the credibility of some members on the board. To act in the best interest of the members while applying the same level of care I apply to my personal dealings. Josette Wheatley -- Infrastructure, clean water, community cohesiveness. Steve Jacobs -- The first obligation for any candidate is to ensure that Ocean Pines, having achieved sound financial footing, maintains that status now and for the foreseeable future. This includes reviewing annual assessment fees to keep them as low as possible for all of us. We want the amenities here in Ocean Pines to be available to all of us and at a level we can all appreciate. We will always have differences of opinion regarding budgetary priorities, questions of what the members of Ocean Pines want and need as well

as unexpected new challenges. While we might disagree on these matters, we need not be disagreeable to each other. When I was practicing law, I always prepared for trial, but I also worked to find agreements to make trial unnecessary. Amy Peck -- Hire/Retain a GM. The GM position is the stability of OP. Boards change every year. We need to continue the success of the last three years and avoid the mistakes of the past; Maintain our infrastructure. This includes drainage and our beautification projects. There is so much coming up the next three years including the OPVFD building, the Racquet Facility, extending the life the Beach Club, mailbox replacement and continued success at the Golf Club, which means maintaining the conditions of the turf and making a responsible decision regarding the irrigation system. We need to continue to look at our return on investments made; Keeping OPA one of the safest communities anywhere! A big part of our HOA dues goes toward Fire and Police. It is money well spent. Safety also includes projects that can enhance the safety of our aging population such as reflective painting road lines, signage and built-in road reflectors. We need remember our young families as well which means keeping our parks safe, exploring a new playground at Bainbridge Park and offering fun and safe recreations like our new frisbee disk course. While the board reportedly is proceeding with interviewing the top three candidates for a new GM, there are also reports that John Viola is willing to stay on as GM if asked by the board. Do you support retaining Viola as GM? Are you willing to say on the record that you would not vote to hire a replacement before the 2022 election is completed? Paula Gray -- To search for a new candidate for this position while we are blessed with such financial balance and future potential is beyond ridiculous. At the Board meeting of May 25 it was brought out that John Viola did not retire This information was put out by a Board member. In 50 years Ocean Pines has languished with fiscal mismanagement and errors. Retaining Viola should be a no-brainer. Monica Rakowski -- Yes, I support retaining John Viola as GM. The financial success the membership is enjoying is directly tied to John and his staff. Josette Wheatley -- I support our current General Manger, and whatever he chooses to do that is best for himself and his family. No [not willing to say on the record that she would not vote to hire a replacement before the 2022 election is complete]. Steve Jacobs -- To a large extent, whether Mr. Viola stays or not is his decision. However, like so many of us, I have been impressed by the work done in Ocean Pines over the last few years and during a pandemic which clearly complicated everything. It seems to me we have a fine staff and John Viola deserves much of the credit for the improvements in Ocean Pines. Amy Peck -- I agree with John Viola’s vision and how he and the entire team embraces and implements that vision. The Board will be meetu

WORCESTER COUNTY

Trendic says group gathering signatures for sports complex referendum is close to goal Opponents have an extendable 40-day window to collect signatures to bring the bond issue bill to referendum

June 2022 Ocean Pines PROGRESS 41 county needed to qualify for the ballot. There are roughly 40,000 registered voters in the county, so about 4,000 signatures would be needed for the petition effort to succeed. Trendic told the Progress that if only five per cent or about 2,000 signatures are collected within the 40-day window, the petitioners can ask for a 40-day extension to col- Slobodan Trendic lect the other 2,000. The initial deadline is on or about May 29 for the initial tranche of signatures. Trendic has said he doesn’t oppose a sports complex per se, only the proposed public financing mechanism, which he said depends 100 percent on county taxpayers.

By TOM STAUSS Publisher cean Pines resident and former Ocean Pines Association Director Slobodan Trendic says the group that has launched a petition drive in opposition to a $11.1 million county bond issue related to a proposed sports complex on Route 50 adjacent to Stephen Decatur High School is close to meeting if not exceeding a preliminary goal of 2500 petition signatures. As of May 30, Trendic said his group was “confident” it had enough signatures to qualify for a 40-day extension to gather at least ten percent of the roughly 10 percent of registered voters needed to bring a referendum to the voters in November. Trendic, named the petitioners’ spokesman last month, said a core group of ten individuals have been active throughout the county to gather signatures in all of its population centers, including Ocean Pines. “I believe we will reach our initial goal of at least 2500 hundred signatures, which allows for some disqualifications despite our best efforts to

collect signatures from registered voters only,” he said, a week before the deadline. Another ten individuals are staying closer to home, gathering signatures from friends and neighbors, while the core group is going everywhere that voters congregate, Trendic said. The bond issue proceeds would be used for the purchase of the Route 50 parcel and for initial planning and study costs. A bond issue bill was passed 4-3 by the Worcester County Commissioners April 19 following a public hearing, which drew participants that were split roughly 50-50 on the merits of the proposed sports complex. The group of opponents had met on the evening of April 25 in a meeting room of the Ocean Pines library and later in the home of Grant Helvey, a Republican candidate for county commissioner from District 5, to explore the ways and means of launching a petition in opposition to the bond issue. Petitioners have 40 days from the date the bond bill was passed, April 19, to gather signatures, with 10 percent of registered voters in the

Trendic has invited anyone willing to help with signature collection or who simply want to sign the petition to contact him via email at strendic@yahoo.com. While the two incumbent county comissioners representing Ocean Pines, Chip Bertino and Jim Bunting, are not involved in collecting signatures, they are supportive of the effort. Their competitors, Helvey and Richard Addis, are among the organizers of the drive.

Candidates respond

Monica Rakowski -- I fully support renovating the Ocean Pines South Fire Station. I have a concern about the $7 million estimate and the possibility of the membership absorbing the roughly $4.3 million difference. Josette Wheatley -- I reserve my opinion until further information is disclosed. Steve Jacobs -- We cannot do anything which would sacrifice or jeopardize the ability of all Ocean Pines residents to receive emergency response services. While we are just starting out examining this question, the first step is to receive complete and timely responses from OPVFD to the questions submitted by the Board. We should follow a process for a complete needs assessment regarding the Southside firehouse as well as a competitive bidding process when we reach the construction stage. It will require a willingness to cover all issues facing OPVFD such as status of reserve funds, future equipment needs and the use of the Northside firehouse to name a few. I hope that we will see a high level of cooperation from all interested parties. I am not prejudging any issue related to this question, but the commitment of Ocean Pines financial support requires more information than what has surfaced so far. Amy Peck -- I love a Town Hall! It’s a great way for the community to participate. I look forward to the OPVFD Town Hall to be scheduled

soon. I have done independent research regarding the OPVFD and their needs. I have taken a tour of the facility and understand what the building is lacking. As I did during the budget process, I am not afraid to ask the tough questions. When we have all of the particulars, and the community has had a chance to weigh in, decisions that value our HOA dollars, the department and safety will be made. I am very pleased that with the help of Delegate Hartman and Senator Carozza we received 1.35 million in grant money. Stuart Lakernick -- Safety is our NUMBER one priority. According to our Chief, the response time for anywhere within Ocean Pines is currently six minutes or less. Anything that interrupts that is unacceptable. The fire station on the south side is in desperate need of repair. Between the grant that our astute leaders at the fire house was able to secure, Chief Steve Grunewald and President Dave Van Gasbeck need us to help them make the new firehouse a reality. Paula Gray -- $7 million in today’s world seems too little to meet our demands. More information - technical, financials, and options - need to be put out for review before a decision is made. It’s always much less expensive to build new as opposed to dropping money into a bucket called “updating”. Review might include: Why did the Ocean City firehouse come in 100 percent over budget?

From Page 40 ing Wednesday night [May 25] to discuss the GM position. I work well with the GM and understand what my role is. I appreciate how hard he works. I received an email on Mothers Day from a homeowner. I responded, and Mr. Viola gave me additional information that same day. The issue was resolved beautifully by Monday. I appreciate his commitment to the community. Mr. Viola does not have a contract with Ocean Pines at this time. Stuart Lakernick -- While the board reportedly is proceeding with interviewing the top three candidates for a new GM, there are also reports that John Viola is willing to stay on as GM if asked by the board. I am in support of Mr. Viola staying if he wants to. We should tender him a new contract. He has a track record of fiscal responsibility while still being able to tend to our infrastructure. He has done an exemplary job while steering our town through incredible difficulties during the pandemic. We should continue to look for a competent replacement in the event that he wants to leave. The replacement GM should have government management experience. What are your thoughts on the proposed $7 million Southside firehouse renovation/addition?

He said he personally is open to a public-private partnership. He also said Berlin officials have not been consulted on infrastructure issues related to the project.

42 Ocean Pines PROGRESS June 2022

WORCESTER COUNTY

Dear Friends Gentle sparring at Republican forum& Ne Ocean Pines is home. Ocean Pines Chamber hosts candidates for District 5 and 6 commissioner seats

By SUSAN CANFORA Contributing Writer t was a cordial evening of ideas being exchanged, with a few gentle corrections among contenders, when the Ocean Pines Area Chamber of Commerce hosted a Meet the Candidates Forum on Wednesday, May 25. All the candidates are Republicans competing for Worcester County Commissioner. The two winner of the primary in July are mostly guaranteed seats on the commission, and there are no Democrats running. Nor are there any announced independents running. Each of the four candidates for Worcester County Commissioner – two each from Districts 5 and 6 – tried to convince voters he is the best choice. District 5 is comprised of much of the landmass of Ocean Pines, while District 6 includes a swath of North Ocean Pines and extends all the way to the Delaware line. Incumbent Commissioner Anthony “Chip” Bertino, who represents District 5, said his name has been in local newspapers quite a bit lately and that is embarrassing for him, since “all I want to do is make the people happy. “I want to stay another four years in the interest of this county,” he said, as about 30 people gathered in the meeting room of the Ocean Pines Library applauded. Bertino is running against Grant Helvey, one of the leaders of a petition effort to bring the issue of public financing of a proposed sports complex in Berlin to a referendum. Both Bertino and Bunting, who often vote in tandem in Snow Hill, sometimes with Ted Elder as an ally, have been consistent if not vociferous opponents of the proposed complex proposed in Berlin next to the high school and middle school. Their efforts to delay or kill the proposed public financing of the purchase and development of the site haven been stymied at every critical juncture in the process, most recently a vote on a bond bill that include the land purchase. Likewise, incumbent Commissioner Madison “Jim” Bunting Jr., a Bishopville resident who represents District 6, said he has been a commissioner 12 years and was president of the board for three of those years. Now he’s outnumbered by other Republicans who he believes have lost their way as fiscal conservatives. “I think I did a damned good job during those three years,” he said, adding residents have the responsibility to get involved and participate at events like public hearings on the annual budget and at candidates’ forums. “I was hoping this room would be packed,” he said. He is being challenged by newcomer Richard Allen Addis Jr., 38, a Bishopville farmer who said he and his wife started farming with three acres in their front yard and expanded it to 300 acres, a feat even area competing farmers have praised.

Addis -- the only candidate who arrived wearing jeans and button-down shirt open at the neck while the others were in suits and ties – asked that voters don’t judge him by his age “because I have done a lot of different things in my lifetime.” A veteran of the U.S. Air Force, Addis said he is an IT professional who studied civil engineering, worked at NASA, met his wife in Korea and fathered three children. “I have the tenacity and drive to do things that are unheard of. Don’t look at my life as inexperienced,” he said, adding he will not be a politician, but will work for the next generation. Asked by moderator Don Rush, news director of Delmarva Public Media on the Salisbury University campus, to comment on plans for a new sports complex near Stephen Decatur High School, Addis, who is on the committee to bring the matter to referendum vote, said he doesn’t oppose a complex but feels in this case there was misuse of funds and gross negligence to find a suitable location. “You are going to have this facility right next to the high school when you are going to have sports activities, weekend sports taking place. Well, we have evening games at Decatur and the Middle School as well … it does give a security issue plus two miles down the road is a piece of property that is larger than what is being proposed and it is $2 million and not $7.1 million. “There needs to be some planning before just buying the property. You don’t just say, ‘We’re going to buy the property, then we’ll get the plan together later,’” he said. Addis estimated the project will end up costing $60 million, not including an indoor arena. Helvey said he doesn’t care if a sports complex is built or not, but is concerned the majority of county commissioners voted to bond $11 million to build it “with no planning whatsoever.” “The commissioners that voted against it asked specific questions and got almost no answers. It was not planned, but a vision and you can’t even nail that down … The Worcester County Commissioners charged ahead … they held a public meeting to give everybody in the community a chance to speak. “Well, the First Amendment wasn’t working very well. The first thing they said was, ‘You have one minute to speak.’ When the mayor of Berlin began to speak, they cut him off,” Helvey complained. Bunting said he has been against the sports complex for six years, and the county having anything to do with it financially. He said it should be in the southern end of the county where economic development is needed. Spending $11 million is “just the beginning,” he said. As some bankers have said, no bank would ever go out on a limb for the project, and if it was worth doing, a private investor would do it, yet none has stepped forward, Bunting said.

Chip Bertino

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Whether hosting town meetings, Grant Helvey Richard Addis cerns, speaking before different orga said no onetough has been more opposed to duri polis,Bertino or asking questions having a taxpayer-funded complex than he, and takehe has seriously thehe trust andthatconfide consistently said has questions remain unanswered. munity. He said the idea of a sports complex should be considered, but not at the expense of taxpayers. Concerning development along Route 589, Helvey noted that Atlantic General Hospital is currently building a medical facility near the South Gate, but he is not aware of any other commercial development along that busy road. Once, there were plans for a theater and hotel near the racetrack but his understanding is it is “not in the cards right now” and might never happen, Helvey said. Bunting said he was formerly on the county’s Planning Commission and there was a regulation created requiring construction along Route 589 to be a certain distance off the existing center line of the right-of-way, so Route 589 eventually could be dualized. That regulation remains in the county code, he said, not that there’s any evidence that the state will be moving ahead soon on dualization. Bunting said Route 589 will “sit there like that until a developer does it” because the state won’t improve it until 2035. The state doesn’t even have the money to study it “because they spent that,” he said. A new gas station and convenience store will be built on Cathell Road, Bunting said. That would be a new Royal Farms store in what was

As a consistent fiscal conservativ believe government must demonstra lar spent. And I have voted accordin

It has been a pleasure and privile July I ask for your vote in the Primary tinue to ensure a bright future for ou Thank you.

VOTE hip Berti u

WORCESTER COUNTY known as Sunshine Plaza. Bertino said the county has regularly heard there is no state funding available for Route 589 improvements and there won’t be funding in the future. Improvements will likely have to wait until 2050 or later, he said. Almost 20 years ago, he was part of the committee formed to study improvements “but nothing has happened with it,” he said. “It’s up on the shelf somewhere.” While the AGH medical facility “is wonderful to have nearby, the traffic pattern is dangerous, very dangerous,” he said. “If we aren’t careful we will end up like Sussex County,” Addis said, warning against rapid development before roads are improved to handle heavy traffic. Power to see changes made is in the hands of residents, he said, and state leaders will listen “if the people on the Eastern Shore raised their voices and demanded something of the state.” “If we start making enough noise as citizens, together maybe we would get a little more action on it,” he said. Concerning infrastructure and new development, Bunting said the northern part of the county is developed enough. “We can’t get into Ocean City in the summer or in the winter because you need reservations,” he said. While development pays taxes, Bertino said, there is enough in northern Worcester County. Agriculture and tourism are the two main industries in the county, so the government has to look at “what is right, where,” Addis said. Building a Holiday Inn in Pocomoke City in the middle of a cornfield would be unwise because nobody would rent rooms, he said. Because that area is mostly farmland, agri-tourism would promote jobs, he said. Allowing someone to set up a camper on someone’s farm would attract more people to the southern end of the county, where they would start to shop and frequent restaurants there, he said. Helvey said rural development in the county is sorely lacking. The county is comprised of 350,000 acres, but 69 percent of that is owned by the government, eliminating individual property rights, he said. There are 120 buildable lots for sale, he said, but county policy is preventing rural development so the concentration remains in Ocean Pines and nothing is being done by the county to promote rural development, he said. But Bertino challenged those figures, saying he researched the matter and found the county consists of 303,000 square acres. Including Assateague and natural parks, 30 percent of land is owned by the government, not 67 percent, Bertino said. The number drops to 13 percent when Assateague and parks are removed, he added. Helvey did not concede the accuracy of Bertino’s research. On another lightning rod issue in the county, all four candidates were in agreement that the Black-eyed Susan river project has been a debacle, with no end in sight. Asked about the riverboat in Snow Hill, and if they would be in favor of granting a liquor license

June 2022 Ocean Pines PROGRESS 43 for the vessel, Helvey brought laughter from the audience when he said, “I think they had too much liquor when they bought the Black-Eyed Susan.” t Even so, he said he would vote to allow it to have a liquor license. But Bunting said it’s necessary to have an operating kitchen and pass health standards before a liquor license should even be considered. He called the boat “a piece of junk that will never run” and said the town of Snow Hill offered the county “very little money” for its operation. “It was a mistake with everybody involved. There were pigeons living in it for three years,” he said, adding five of his fellow commissioners voted for it. “It was a rush job,” Bertino said. The Black Eyed Susan is currently out of commission, with an estimated $1 million needed to bring it back to a usable conditon. Snow Hill is on the hook for an initial county loan of $400,000 covering initial purchase costs. The town is looking for grant money to help with repairs. Addis asked if the boat was inspected, then said the government should do a better job of including residents’ opinions and be sure everybody in Snow Hill knows about issues like that boat “if there is some way to reach everybody and tell them they are going to waste a lot of money.” Concerning short-term rentals, Bunting said he didn’t vote in favor of county legislation that governs it. It will allow unlimited cars and bags of trash in Ocean Pines where houses are close together, he said. “To do what they did to a community such as Ocean Pines was just wrong. That’s why I voted against it,” Bunting said. Addis said he doesn’t object to short-term rentals “but I never lived in Ocean Pines where you can just about reach out your window and borrow toilet paper from your neighbor.” “I also don’t think people should tell other people what they can do with their property. These are things that are your rights, your liberties,” he said. Helvey said he leans toward “people having the right to do what they want to do with their property” and if renters cause problems, to call the police. “You don’t call the homeowners’ association. You call the police,” he said. Asked about their favorite places in the region, Bertino said he enjoys sitting in his back yard smoking a cigar and drinking an adult beverage and being on his boat near Assateague with his wife and family. Addis said his favorite place is at home in Bishopville where his wife and children are. Helvey said he is drawn to Assateague, sitting on the porch of the Atlantic Hotel in Berlin and Addis’ farm. Bunting prefers the quiet of his own home, although he is a county native and loves all of Worcester. Answering a submitted question about how the candidates will ensure public participation in the new comprehensive plan, Addis said it can be done by advertising public meetings on social

media and in newspapers. “Get the people involved,” he said. He believes everyone should have the opportunity to speak at county meetings, and not to be asked to return in a week or two or limit their comments to two minutes. “That’s not the way it’s supposed to be,” he said. Helvey said he is not satisfied with the comprehensive plan because it concentrates development in only 8 percent of the county. But Bunting disagreed, saying the comprehensive plan is a plan, not a list of rules or laws. Before the last comprehensive plan was approved, about ten years ago, there were a dozen public meetings to debate ideas and discuss goals and objectives, he said. “It’s incumbent upon the people to be there,” he said, although only three county residents came to one of the sessions. Asked about what concerns are most prevalent in their districts, Helvey said “it’s the people’s district, not my district,” adding, “I like it the way it is.” A moment later he said the road leading into the South Gate, Manklin Creek Road, which is county-owned, should be resurfaced and “is rarely ever maintained.” Bertino said commissioners have to “continue to fight about our county not being treated fairly” because, due to state formulas, the county is paying $18,000 to $19,000 per student, due to state funding formulas, even though there are families living in poverty just outside of Ocean City. Addis said because of covid, Worcester County received $20 million in American Rescue Plan Act funding “so a lot could be done differently.” Those who no longer have children in public schools should not have to pay as much taxes as those with children still attending, he said, adding public schools are over-populated. But Bertino corrected him, saying the county is under the stipulation of maintenance of effort and is mandated to fund a minimum amount per student. Bunting said a lot of federal money will be set aside for broadband and called for fire departments to be fully funded. “So far, it has not cost the county anything for broadband. If we have to use ARPA funds for broadband, then we should,” Bertino said. Helvey said Ocean Pines should get a new firehouse and he also wants the police department to receive fcounty funding because it’s difficult to hire officers. “People don’t want the job,” he said, adding funds should be reserved for training. “Broadband is not the most exciting thing for me right now,” Helvey said, because even if it’s available, a lot of homeowners won’t pay the monthly fee. Many children who have computers at school don’t have Internet at home, he said, hoping there will eventually be a new technology that eliminates the need to bury cable. Addis, whose father was a firefighter for many years, said it’s important “to look at what is best for citizens to give them the best service and to incentivize volunteers.”

44 Ocean Pines PROGRESS June 2022

LIFESTYLES

OPA releases summer 2022 amenity schedule

ith Memorial Day just around the corner, Ocean Pines amenities are gearing up for the busiest time of the year. By the end of May, the Association will have three pools, three restaurants and two marinas open, along with an 18-hole championship golf course, a robust Recreation and Parks amenity, and a busy Racquet Sports center. All hours at the pools contingent upon staff availability. General Manager John Viola told the Progress that like recent years, the period between Memorial Day weekend and the middle of June is when it’s most like that two pools in particular, Swim and Racquet and Mumford’s, will have limited hours because of staff shortages. Once schools let out for summer vacations in mid-June, staffing challenges should ease up, he said. Sports Core Pool - 11144 Cathell Road, Ocean Pines • Open year-round. Closed for cleaning from Aug. 22-Sept. 5 • Pool hours: Monday-Thursday: Members only from 6-10 a.m. Open to the public from 10 a.m. to 7 p.m. Friday: Members only from 6-10 a.m. Open to the public from 10 a.m. to 6 p.m. Saturday: Open to the public from 10 a.m. to 5 p.m. Sunday: Open to the public from 10 a.m. to 3 p.m. Yacht Club Pool - 1 Mumford’s Landing Road, Ocean Pines • Open May 28 to Sept. 5; Sept. 10-11, 10 a.m. to 6 p.m. staff permitting • Pool hours: Monday-Sunday: Members only from 8-10 a.m. Open to the public from 10 a.m. to 6 p.m. Beach Club Pool - 49th Street and the beach, Ocean City • Open May 28 to Sept. 5 • Pool hours: Monday-Sunday: Open to the public from 10 a.m. to 6 p.m. Mumford’s Landing Pool - 7351 Yacht Club Drive, Ocean Pines • Open: To be determined • Pool hours: Monday-Sunday: Open to the public from 10 a.m. to 6 p.m. Swim and Racquet Club Pool 10 Seabreeze Road, Ocean Pines • Open: To be determined • Pool hours: Monday-Sunday: Open to the public from 10 a.m. to 6 p.m. Lounge chairs will be available at outdoor pools. For more information, call 410-641-5255. Food and Beverage (three restaurants) Yacht Club - 1 Mumford’s Landing Road, Ocean Pines • Open seven days a week for indoor and outdoor dining • Live entertainment is scheduled now through Oct. 8. To view the live music schedule, visit www.opyachtclub.com/live-music For more information, call 410-641-7501 or visit www.opyachtclub.com Clubhouse Bar and Grille 100 Clubhouse Drive, Ocean Pines • Open daily for indoor and outdoor dining from 8 a.m. to 6 p.m. For more information, call 410-641-7222 Beach Club - 49th Street and the beach, Ocean City • Open daily for indoor and outdoor dining from 11 a.m. to 6 p.m., Memorial Day weekend through Labor Day weekend For more information, call 410-524-2957 Marinas -All boat slips at both marinas are filled for the season Ocean Pines Marina 1 Mumford’s Landing Road, Ocean Pines Latitude N 38 degrees 23’13” and Longitude W 75 degrees 7’45” • Open daily: May 1-27 - 8 a.m. to 6 p.m.; May 28 - Sept. 5 – 6 a.m. to 6 p.m.; Sept. 6- 30 – 8 a.m. to 6 p.m. ; Oct. 1-31 – 8 a.m. to 5 p.m.

Marina closes for the season Nov. 1 For more information, call 410-641-7447. Swim and Racquet Marina - 1 10 Seabreeze Road, Ocean Pines • Open daily, May 1 to Oct. 31 • Marina closes for the season Nov. 1; For more information, call 410641-7052. Ocean Pines Golf Club 100 Clubhouse Drive, Ocean Pines • Open daily from 6:30 a.m. to 7 p.m. • Driving range and practice putting greens open daily • Private and group instruction available • Pro shop merchandise includes clothing, equipment, shoes, and gloves, • Services include club repair, re-gripping and re-shafting, and club bending For more information, call 410-641-6057 or visit www.oceanpinesgolf.org. Recreation and Parks - Community Center, 235 Ocean Parkway, Ocean Pines • Open Monday-Friday, 8 a.m. to 8 p.m. • Open Saturdays from 10 a.m. to 5 p.m. • Family Fun Nights, Wednesdays at the Yacht Club Pool from 6-8 p.m., June 22 to Aug. 17 • Concerts in the Park, every Thursday, June 23 to Aug.25, from 7-9 p.m. at the White Horse Park Pavilion • 10th annual Freedom 5K, July 4 starting at 8 a.m. at Veterans Memorial Park • Fourth of July Celebration and Fireworks, July 4 from 5-8:30 p.m. at Veterans Memorial Park • Summer Artisan and Crafts Festival, Aug. 6 from 9 a.m. to 3 p.m. at the Ocean Pines Community Center • Big Truck Day, Sept. 17 from 10 a.m. to 2 p.m. at Veterans Memorial Park Information on Recreation and Parks programs can be found in the latest issue of the Ocean Pines Activity Guide. For more information, call 410-641-7052. Ocean Pines Racquet Center 11443 Manklin Creek Road, Ocean Pines • Open daily from 7 a.m. to 5 p.m. • Center includes tennis, pickleball and platform tennis courts • Ocean Pines Doubles Series, June 18, July 23, Aug. 20, Sept. 21 • Ocean Pines NTRP Singles Tournament, Sept. 24-25 Information on additional upcoming Racquet Sports programs can be found in the latest issue of the Ocean Pines Activity Guide. For more information, call 410-641-7228 Ocean Pines Farmers and Artisans Market White Horse Park, 239 Ocean Parkway, Ocean Pines • Open Saturdays, 8 a.m. to 1 p.m. #1

Donation

BJ’s Wholesale Club, in partnership with the Ocean Pines Association, recently donated $920 to the Worcester County Veterans Memorial Foundation at Ocean Pines as a part of its 2021 spring and fall membership offers. Ocean Pines Marketing Coordinator Julie Malinowski (left) presented a check to Marie Gilmore, president of the foundation, on May 6.

LIFESTYLES

Pine Tones Chorus spring concert June 5

n Sunday, June 5 at 3 p.m., the Pine Tones Chorus will present a Spring Concert at the Community Church of Ocean Pines (Rte.589 & Beauchamp Rd). Admission is $15 payable at the door. The concert theme is peace, hope and joy, featuring songs such as Brotherhood of Man, and Joy in the Morning. The show’s title song, I Dream a World, poetically suggests – “a world . . .where love will bless the earth.” The Irving Berlin traditional favorite, Blue Skies, also expresses optimism. Guest soprano soloist, Jennifer Hope Wills, is slated to sing I Could Have Danced All Night. She is known for performing on Broadway, with nearly four years starring in the role of Christine in Phantom of the Opera. The driving rhythm of four-handed duets on the piano will be performed by Pete and Jenny Anderson. These selections are I’ll Fly Away and the whimsical Beatles song, Ob-la-di, Ob-la-da. The Pine Tones Chorus includes about 45 singers from Ocean Pines, Ocean City, and nearby areas. June Todd and Jenny Anderson are the group’s co-directors. Guest musicians will include Joe Ciufo play-

Craft Club to host children’s workshops, summer festival

June 2022 Ocean Pines PROGRESS 45

he Pine’eer Craft Club of Ocean Pines will host several new and returning programs this summer, including children’s craft workshops and the return of the Indoor/Outdoor Arts & Crafts Festival. The club will host free children’s craft workshops throughout the summer at the Artisan Gift Shop in White Horse Park, starting on Saturday, June 4, from 10 a.m. to 1 p.m. On June 4, a tent will be set up on the side of the shop, where children can make a keychain with the help of the volunteers from the Pine’eer Craft Club The Craft Club will supply all materials, and each child will leave with a gift perfect for Father’s Day or a summer birthday. The design includes a cork, so the keychain may have the potential to float. The Craft Club will announce future projects at a later date. The 44th annual Indoor/Outdoor Arts Craft & Artisan Festival is scheduled on Saturday, Aug. 6, from 9 a.m. to 3 p.m. at the Ocean Pines Community Center. Admission is free and crafters will come locally and from neighboring states to display and sell handcrafted items including jewelry, decorated items, handprinted decor, stitchery and more. For information on obtaining a booth and selling handmade items during the event, contact Jane Wolnik at j.wolnik63@gmail. com. u

The Pine Tones Chorus

ing clarinet, Tom Baione - string bass, and Bryan Castillo on drums. The Chorus has been entertaining local audiences in the Ocean Pines and Ocean City areas for more than thirty years. For additional information, phone Dave Holloway 410-641-5672, or

June Todd, 443-880-3922. Funding for Pine Tones Chorus activities has been from admissions and from patrons, as well as the Worcester County Arts Council, Maryland State Arts Council and the National Endowment for the Arts.

‘Upcycled’ furniture featured at Farmers and Artisans Market

More than 100 vendors now taking part in weekly marketplace

ith June in full bloom, the Ocean Pines Farmers and Artisans Market market is in full swing for the summer season. Along with the traditional green market fare, the market has an array of unique offerings from a wide variety of artisans. “With friends and family visiting for the long holiday weekend, it’s a good time to spend strolling the marketplace and grabbing products made by Delmarva producers,” Market manager David Bean said. The market features a growing list of more than 100 local artisans, makers, and small businesses at its marketplace home in White Horse Park. Collaborating with its artisans, the market gives small business owners the opportunity to share their wares in a meaningful setting and with an audience that appreciates their value. “They say ‘happiness is homemade,’ and if homemade joy is what you’re searching for, look no further. The Ocean Pines market is where you want to be.” Bean said. Jon Kent, the owner of Driftwood Furniture and Signs, can be found each Saturday morning at the market’s Artisan Alley. Kent is a local craftsman from Willards who specializes in upcycled, reimagined furniture. He calls it “re-loved furniture.” “I have been upcycling furniture on and off for about 15 years, with wood signs and art the last

Jon Kent of Driftwood Furniture and Signs

three-to-four years.” Kent said. Well-made new wood furniture can be both expensive and hard to come by, but reclaimed furniture helps keep older furniture out of landfills and lessens dependence on production companies. “To ensure our inventory is like no other, we search relentlessly to acquire vintage and wellmade wood furniture pieces that we refinish to give a new life and a new home,” Kent said. “We also take custom orders and will work with you if you have an old piece of furniture that you would like us to work on.” Driftwood Furniture and Signs is just one of the many artisans that will be participating at u

46 Ocean Pines PROGRESS June 2022

LIFESTYLES

Craft Club

From Page 45 The Craft Club is always looking for new crafters. For information on selling items in the Artisan Gift Shop, contact Craft Club President Sharon Puser at opcraftclub@aol.com. All new crafters must go through a juried process. When items sell, part of the proceeds go back to the community in the form of donations.

To date, the Craft Club has donated more than $175,000 to the Police and Fire departments, Recreation and Parks Department, free Summer Concerts in the Park, Worcester County Veterans Memorial Foundation, and more. The Artisan Gift Shop, in White Horse Park next to the Farmer’s Market and across from the Administration Building on 239 Ocean Parkway, is open Saturdays from 9 a.m. to 3 p.m. and Sundays from 10 a.m. to 3 p.m.

Driftwood Furniture

From Page 45 the market this summer. “We’re so proud of our market merchant lineup,” Bean said. “The artisans we’ve brought together allow us to bring our shoppers, great creators and trades-people in the bold pursuit of sharing their beautiful ambitions.” Bean said. “And we’ve just scratched the surface.”

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OPINION

June 2022 Ocean Pines PROGRESS 47

COMMENTARY

OPA rules don’t allow Janasek suspension

With a tweak to the restrictive covenants, unruly and threatening conduct and drunken verbal assaults can be curtailed in the future

hile it’s too soon to say absolutely, it appears that the Board of Directors is reacting as it should to the recent events at the Yacht Club tiki bar in which former OPA Director Tom Janasek verbally assaulted current director and 2022 candidate Josette Wheatley. Profanity-laced and fueled by alcohol, if the police report can be believed (and it can, as Janasek subsequently apologized), his conduct was indeed indefensible, or, as Director Larry Perrone described it, beyond the pale. It’s also clear that had some other individual engaged in the manner of Janasek, a former director aligned with a board minority bloc, it’s likely that it would not have prompted an effort by some directors, especially Perrone, to attempt to suspend the miscreant for a year from access to Ocean Pines food and beverage amenities. Janasek comes pre-packaged with a history that makes him a lightning rod for the sort of retaliatory action contemplated by Perrone. This was not the first time something like this happened. Let’s hope for everyone’s sake that it’s the last. Be that as it may, it seems that a board majority is carefully weighing legal advice from attorney Jeremy Tucker and is not inclined to take precipitous action to act affirmatively on Perrone’s motion to suspend Janasek. The problem is that it is not expressly allowed under OPA restrictive covenants or other governing documents. The board is expressly given in the DRs the authority to suspend voting rights and amenity access for those who have not paid assessments or have been found to be in violation of OPA covenants, guidelines or other rules or regulations. Unruly or threatening behavior is not grounds for suspension under the same DRs, like it or not. One cannot, as Perrone is willing to do, invent some “other power” under the by-laws to take action that he proposes. This is the sort of thinking that got the OPA in trouble in the Farr litigation. Sure, during covid the OPA board took the unprecedented step of delaying the due date for lot assessment payments, despite clear language in the governing documents that set out an annual due date. The justification was some unenumerated power to promote the general well-being of the OPA and its members. The pretext was as wrong then as it is now, but were bothered by that over-stepping of board powers because who really cares if there are additional months to pay a lot assessment? Very few, as it turned out, but that did not make the over-stepping any more justified. But this situation is altogether different fac-

tually. Denying access to the OPA amenities for a year is a much bigger deal and should not be undertaken unless there is explicit authority somewhere in the governing documents that allows it. That can be remedied, and OPA counsel is apparently researching options. Perrone was correct to table his motion, allowing counsel to do his job and steer the board in a rational and legally appropriate direction. He made his point, piling on more approbation on Janasek, whom few are defending, including himself. One obvious solution is amending the DRs to add unruly, threatening and drunken verbal assaults to the list of infractions that can result in the suspension of voting rights and/or access to amenities. Fortuitously, the OPA is in the final stages of preparing a mass mail-out to property owners asking them to approve amendments to the sectional DRs that give the OPA explicit authority to regulate short-term rentals in Ocean Pines con-

sistent with county law. It should not be a heavy lift for the board to add language to the DRs that would give the OPA a tool to serve as a deterrent to those inclined toward or ill-disciplined enough to engage in the sort of behavior that occurred at the Yacht Club not too long ago. If this means a slight delay in sending out the DR ballots, so be it. A few weeks or a month or whatever is not going to be noticed by anyone. To be sure, such an amendment to the DRs could not be applied retroactively to the recent event at the Yacht Club, but it would put anyone and everyone on notice that certain behaviors, especially those that are recurring, could result in a one-year time-out from access to OPA amenities. It would be a tool in the OPA’s enforcement toolbox, likely to be seldom used. But it would be there if and when needed. -Tom Stauss

By-law changes pass despite glitches in counting

A good case can be made for converting to electronic counts in future elections

embers of the Ocean Pines Association’s Elections Committee are to be commended for their heroic efforts to count the ballots in the recent by-laws referendum. Normally, this sort of activity is routine, and certainly the kind of task committee members sign up for. Aided by technology, counting ballots should not be all that arduous. But when the technology doesn’t function as it should, and committee members have to resort to old-school hand-counting, then perhaps some kudoes sent their way are entirely appropriate. That’s especially true since each property owner’s ballot contained 28 yes or no answers. A nagging question though: Why wasn’t the machinery that was designed to count the votes throroughly tested to see in advance how it would handle ballots containing tiny square filled-in boxes? Perhaps there’s a simple answer for that, but we’ll let those responsible sort it out. Mistakes do happen from time to time. The silver lining in all this might be that the

OPA moves in the direction that it should have been heading for awhile now -- electronic voting. There’s certainly sentiment among some OPA employees for this, and one OPA director, Amy Peck, made electronic voting almost a crusade upon her arrival on the board last year. The much-beleagured NorthStar software apparently can handle electronic voting, and it really is time that the OPA enter the 21st century and stop counting votes by hand, as has just occurred, or by using scanning equipment that is not always reliable. Or if it is reliable, still requires a lot of mundane labor by volunteers to administer. To say nothing of the expense of mailing out paper ballots and relying on the U.S. Postal Service to deliver them by the deadline. Sure, there will be some education of OPA members needed to make electronic voting happen, and some members might require some special accommodations to allow them to vote. Let’s make it happen. -- Tom Stauss

48 Ocean Pines PROGRESS June 2022

OPINION

Debate on the role and powers of OPA officers

he recent debate among Ocean Pines Association directors and in particular between OPA President Colette Horn and OPA Secretary Rick Farr over the powers of certain OPA officers -namely the president and secretary -- can serve as a reminder that the powers of each are specific and limited. At times, the debate reportedly was acrimonious, with Farr accused not so gently of a dereliction of duty in the way he conducted the vetting and certifying candidates for the annual Board of Directors election. At one point it seemed there might even have been an effort afoot to remove him as secretary. His alleged sin was failing to check in with Membership and Assessments Director Ruth Ann Meyer to ascertain that candidates were paid up in their assessments. Instead, he simply made a call to one of the employees in that department who works in the department to verify that all the candidates were in good standing with the OPA. They all were, and so Farr sent over the candidates’ names for inclusion in a press release announcing this year’s slate. He later rechecked his work using the more traditional avenue. This could have been handled privately, and quietly, but any flaring up of differences among the directors is bound to leak, an occurrence that dates back decades, often to the consternation of those who actions and attitudes are the content of said leaks. The advent of email escalates the process, with some directors not realizing the axiom that nowadays any email should be presumed a public document.

LIFE IN THE PINES An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community By TOM STAUSS/Publisher Horn made a couple of fateful decisions that handled differently could have lowered the temperature. One involved a press release and After Director Amy Peck raised a stink over the fact that the first three candidates in the press release did not include the two sitting directors who are running for the board this summer, Peck and Josette Wheatley, Horn intervened. Peck raised the specter of political bias, and Horn seemed to agree. She asked for the re-issuance of the press release with the candidate names in alphabetical order, and the OPA PR department complied. The problem is that the OPA president has no authority to order such a re-issuance, especially for the flimsy rationale that the listing of candidates in a press release months before ballots are mailed out constitutes political bias. Not really. No one will remember or care come July. This unforced error, for which Horn later apologized, gave Farr the opportunity to make the case that the OPA president has no authority to involve herself in an OPA election. It’s one thing to raise a question about how a secretary conducted the vetting and certification, but unless there was a problem with the result of that process, such as an ineligible candidate being certified who should not have been, the whole affair should have ended then and there. Farr says his “recertification” process verified that the initial infor-

mation he and had received about the candidates was accurate. But that didn’t satisfy Horn, whose second fateful decision was to call an executive session of the board -- conducted on the evening of May 25 -- to discuss the job performance of Rick Farr as secretary. Did the relaxed verification used initially by Farr need rehashing at this point? Farr didn’t think so, and probably made it clear during discussion that Horn had overstepped her bounds as president and improperly involved herself in the election process. Farr in a separate interview with the Progress made it abundantly clear that his reading of the OPA governing documents bestows the secretary as the one and only director with a a defined role in the annual OPA election, and a very limited role at that. He is keenly aware of what happens when a board decides it has oversight and jurisdictional role in elections. His lawsuit against the OPA last year after his candidacy was denied by then secretary Camilla Rogers underscores his perspective on this particular issue, in which his understanding was fully vindicated by the court. So it’s very easy for him to make a “pot calling a kettle black” argument as a rebuttal to the contention he somehow flubbed the candidate certification process this year. He did not. He can cite with a certain justi-

Assault weapon insanity

A good article {Baltimore Sun, May 27], but, a very disturbing picture of an 11-year-old boy smiling, holding a firearm at the NRA annual convention in Dallas. [It was} a very poor choice of a photo to accompany the article.. Personally, I don’t own a gun, and

The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com 443-359-7527

LETTER I have a fear of firearms, but I don’t care if people purchase a handgun to protect themselves and their families or if someone wants a firearm to engage in the pastime of hunting. But why in the name of God does anyone in this country need/want to purchase assault weapons? For what reason? They were designed for war to kill and to kill in mass numbers. We are

fication that Horn on at least two recent occasions overstepped a president’s authority. At one point in the email chain Horn reportedly defended her involvement by saying that there is a hierarchy among directors and that as president she’s at the top of it. Other directors differed on that point, among them former OPA president Doug Parks, who according to Farr eloquently made the point that no director has any more weight or authority than any other. The president’s role is limited, presiding over board meetings, and by tradition, liaising with the vice-president on a regular basis with the general manager. Serving as spokesperson for the board is another traditional role. But, according to Parks and Farr, and probably quite a few others familiar with the OPA governing documents, the president has no authority to direct the general manager to take any particular action, that authority residing with all seven directors equally. She can convey a board directive approved by a board majority, of course. That authority does not extend to micromanaging the secretary as he or she conducts the annual vetting and certification of candidates.

not at war in the United States. Could someone please tell me the reasons they are being sold in the United States and why were two weapons sold to an 18-year-old with 370 rounds of ammunition? Please help me understand this before the next 11-year-old could be your child. Barbara Loffler Ocean Pines

ADVERTISING SALES Frank Bottone frankbottone@gmail.com 410-430-3660 CONTRIBUTING WRITERS Rota Knott 443-880-3953 Susan Canfora 410-208-8721

CAPTAIN’S COVE CURRENTS

June 2022 Ocean Pines PROGRESS 49

Captain’s Cove Model Pricing on Gemcraft Lots Bradford • $302,990

Ranch Style Home 3 BR/2 BA 1390 Sq Ft 2 Car Garage

Pearl • $296,990

Raised Home on Pilings 3 BR/2 BA 1332 Sq Ft

Ranch Style Home 3 BR/2 BA 1795 Sq Ft 2 Car Garage

Topaz • $312,990

Two-Story Home 4 BR/2.5 BA 1680 Sq Ft 2 Car Garage

Canal • $369,990

Sussex • $324,990

Two-Story Home 4 BR/2.5 BA 1911 Sq Ft 2 Car Garage

Inlet II • $401,990

Raised Home on Pilings 4 BR/2 BA 1792 Sq Ft

Nottingham • $351,990

Ranch Style Home 3 BR/2 BA 1720 Sq Ft 2 Car Garage

Frankford • $334,990

Rehoboth • $338,990

Two-Story Home 3 BR/2.5 BA 1979 Sq Ft

Two-Story Home 3 BR/2.5 BA 2180 Sq Ft

1st Floor Master • 2 Car Garage

Osprey • $412,990

Raised Home on Pilings 3 BR/2 BA 2152 Sq Ft

1st Floor Master • 2 Car Garage

Coastal II • $441,990

Raised Home on Pilings 4 BR/3 BA 2400 Sq Ft

Prices are subject to change without notice and photos may show upgraded features

CINDY WELSH - REALTOR Hall Realty

4243 Captain’s Corridor Greenbackville, VA. 23356 302-381-6910 (cell) 757-854-1604 (office) 757-854-1606 (fax)

50 Ocean Pines PROGRESS June 2022

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CURRENTS

Cove files $1 million suit against Troon Golf Case filed in Accomack County Circuit Court itemizes grievances against former management company By TOM STAUSS Publisher ttorneys for Captain’s Cove Golf and Yacht Club, the Cove’s property owner association, filed suit in Accomack County Circuit Court on May 10 against subsidiaries of Troon Golf, the former Captain’s Cove management Company, seeking damages in the amount of $1 million and a return of

Flags for Heroes

cash assets still controlled by Troon after a divorce earlier this year. The suit is filed against Indigo Sports, LCC, the company bought out by Troon last year, and Antares Golf, LCC., which according to an Internet search is a branding name used by Indigo. The Troon name doesn’t appear in the court documents. Indigo’s princiapl place of business is listed as Reston, Va.

The Cove association’s board of directors voted in executive session May to authorize its attorneys, Pender and Coward of Virginia Beach, to take legal action to recover management fees paid to Troon for services not received since October of last year, referring to monthly financial statements that according to Cove officials have not been delivered to the Cove.

The Flags for Heroes event at the Captain’s Cove Veteran’s Memorial is continuing during June and through the Fourth of July. Flag sponsorship honoring heroes are $50 and forms can be filled out at the Marina Club.

Early last month, Cove association president Tim Hearn said he and the board had been made aware of “large discrepancy in our cash position compared to when Troon took control of our finances and when CCGYC took it back.” At the time, Hearn declined to reveal the amount of that discrepancy, but the court filing alleges that “wrongful acts by Antares,” the defendants’ name used throughout the document, “have resulted in nearly a million-dollar deficit between the amounts that should be contained in those accounts and their actual balances.” From the outset of Antares’ takeover of Cove financial and other management operations in October of last year, “Antares’ performance of its community management services suffered from many documents,” the suit asserts. “Amongst other things, Antares failed to pay bills and loans when due (to the point the power company turned off the Association’s power), had constant technology issues, missed deadlines, and was unable to provide the basic accounting services necessary for CCGYC to maintain its business operations.” The power shut-off was not previously disclosed, but reportedly was confined to the Maintenance building and not all Cove buildings. According to the suit, Antares during its tenure from Oct. 1 last year through March 11 of this year “created and exclusively control at least six accounts on behalf of CCGYC. Despite demand, Antares created and exclusively controlled at least six accounts on behalf of CCGYC.” Despite repeated demands by the Cove association, “Antares has refused to unconditionally provide CCGYC with information regarding account activities of balance these accounts. CCGYC refuses to provide CCGYC with a proper accounting or access to the relevant bank records,” according to the suit. CCGYC’s lawyers go on to say To Page 52

CAPTAIN’S COVE CURRENTS

June 2022 Ocean Pines PROGRESS 51

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52 Ocean Pines PROGRESS June 2022 Troon litigation

From Page 50 that, “based on information obtained to date, CCGYC believes that wrongful acts by Antares have resulted in nearly a million-dollar deficit between the amounts that should be contained in those accounts and their actual balances.” Since the Cove association took back control of its finances and management on March 11, “Antares still has not provided the authorization necessary to allow CCGYC to obtain information and records directly” from the financial institutions “regarding account activities and/or balances, nor does CCGYC have the ability to access the funds in said accounts.” The suit contends that the Cove has received “multiple notices of insufficient funds,” known colloquially as overdraft notices, “from the financial institution regarding at least one of the accounts, results from the improper acts of omissions of Antares.” Hearn has identified the financial institution as PNC, which he said would require a court order to release account information demanded by the Cove association According to Cove lawyers, the purpose of the suit is to obtain and accounting and access to essential financial documents and to recover “all amounts due from Antares, including, but not limited to, a return of all moneys currently by Antares belonging to CCGYC and a judgment in the amount of all damages CCGYC suffered as a result of Antares’ misconduct.” The action includes two counts. The first, labeled accounting, alleges that Antares beached its operating agreement with the Cove by “refusing to provide CCGYC with the necessary accounting services and financial information and by refusing to allow CCGYC access to the relevant books and records. The Cove has been operating without monthly financial statements since October of last year. In count one, CCGYC is requesting a court order to compel Antares “to provide all of its books and records” relating to Captain’s Cove” as required by its community agreement “and as may be necessary in order to trace any missing or unaccounted for funds.” Count two, labeled breach of contract, repeats the allegations that Antares has “misappropriated approximately $1 million of CCGYC funds” and has failed to turn over bank accounts to the Cove association. “Antares’s refusal to turn over the bank accounts and any misappropriation of funds constitute breaches” of the company’s operating agreement with the Cove, the suit contends. Cove attorneys are asking for: • a court order to compel Antares to turn over all books and records for CCGYC and all bank statements holding CCGYC funds through the date of the order. • A court order to comple Antares to turn over all accounts in the company’s control related to CCGYC to the association. • A court order compelling Antares to turn over all records and financial information “sufficient to identify and trace any funds that Antares

CAPTAIN’S COVE CURRENTS

Landry abruptly resigns as food and beverage manager No notice or explanation given; Phillips asks Julia Knopf to step up and help oversee operations

ithout giving his employers the customary notice before a pending departure, food and beverage manager Jeff Landry resigned his position on Wednesday, May 25, leaving the kitchen staff at the Marina Club to carry on without him. There was no resignation letter. The timing, a few days before Memorial Day, was hardly ideal, but Cove Senior General Manager Colby Phillips said the management team “feels confident we will still be able to give everyone the great quality of service they are accustomed to when visiting our Marina Club Restaurant.” She said that the Cove would be posting the position in area media and would be looking to find a replacement before the Julia Knopf heart of the summer season. The Marina Club is also advertising for a sous chef, but all other positions including line cooks and wait staff have been filled. Phillips said that she has asked Sales Manager Julia Knopf “to step up and help oversee food and beverage operations, because she truly knows so much about the way things operate, given everything she has helped with over the past several years.” Among Knopf’s many skills is graphic arts, as she’s the one who composes the many fliers promoting live entertainment and other events at the Marina Club. Phillips also said the Cove has “fine line cooks who have stepped up, and I have complete faith in them to handle the task while we’re in transition. The same goes for the managers on staff.” She predicted that will be “some bumps for sure but overall the team will work together to handle them.” There’s even been discussion among the staff on possible changes in the menu in an effort to be even more responsive to the the tastes and preferences of Cove residents. Phillips said the vacancy created by Landry’s departure in no way affects operations at the Town Center. Landry was introduced to the Cove membership during the general managers meeting Sept. 20 of last year and the Board of Directors meeting the following day. He was hired by a regional manager for Troon Golf, the management company no longer employed by Captain’s Cove Golf and Yacht Club. Before arriving in Captain’s Cove in early September, Landry had served as general manager of dining and catering in Falmouth, Me., for Oceanview Retirement Community. He replaced long-time food and beverage manager Phillips Evans, who took a new job in Florida after leaving Captain’s Cove.

misappropriated in the course” of its activities on behalf of CCGYC. The attorneys are also seeking an undetermined “judgment in the amount of all damages suffered by CCGYC as a result of Antares’ breaches of the Community Agreement, in an amount to be proven at trial. Pender and Coward, whose attorneys Jeffrey H.Gray and Daniel T. Berger are handling the case, are also asking for all attorneys fees and costs incurred by CCGYC resulting from breaches in the community agreement.” Hearn has said that Troon executives have been reluctant to communicate with the Cove association, other than to decline to participate in a “mid-year audit” of Cove finances since this past October. The lack of communication was one reason to Cove board filed suit. He also said that Troon has threatened to sue

him for actions taken thus far against Troon by the Cove association, including the official “divorce” that occurred earlier this year. In a related disclosure, Senior General Manager Colby Phillips reported during the April 25 managers meeting that Troon has been continuing to sell Cove gift cards from its Captain’s Cove-related Website, without sharing any of the proceeds with the Cove association. Accordingly, she said the association will not honor any of the cards sold by Troon, advising residents who bought them in good faith from Troon to ask for refunds. She said the management team will be working on a memo to distribute to Cove members on who they can contact and what steps to take to receive a refund of money spent to purchase the cards.

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e l a S Yard ual n n A e v o C ’s Captain

ONS or, M M CO Corrid 56 E V 3 CO ptains A 23 V a , C e ll 2062 backvi n Gree

h t 5 2 e n u J 00 - 12:00 8:

Proceeds from Spaces & Refreshments benefit CCGYC Library Committee & Cert. $10 PER SPACE AVAILABLE AT CCGYC RECEPTION FROM MAY 27 TO JUNE 24

NO RAIN DATE! IF CANCELLED, REFUNDS WILL BE AVAILABLE.

For questions contact Julia Knopf, jknopf@captscove.com

54 Ocean Pines PROGRESS June 2022

CAPTAIN’S COVE CURRENTS

Captain’s Cove Community Bulletin Board

CAPTAIN’S COVE CURRENTS

Board of Supervisors votes 8-1 to approve townhouse project Ron Wolff defends affirmative vote as ‘required’ by the Accomack County code, but says that developer must comply with various conditions

By TOM STAUSS Publisher he Accomack County Board of Supervisors voted 8-1 on May 18 approved rezoning and a conditional use permit for a proposed mixed-use development with 142 rental townhouses and a small commercial area, on a 24.4-acre parcel at the interesection of Captain’s Corridor and State Line Road. The approval, which followed on a 6-3 vote of the county’s Planning Commission March 9 recommending approval of the rezoning to a village development overlay and conditional uses. One condition is that no building permits are to be issued until the entrances on Captain’s Corridor are deemed to be lawfully established after review and approval by the county administrator in consultation with the county attorney. Another condition says that, in the event Aqua, the utility that provides water and sewer service to Captain’s Cove, is unable to provide water and sewer service to the townhouse development, the conditional use permit will be null and void. That would effectively kill the project. However, an Aqua executive testified during two public hearings hosted by the planning department that the company has adequate capacity to handle water and wastewater treatment services needed by the townhomes. Among the supervisors approving the rezoning and conditional use was Ron Wolff, president of the board and whose district includes Captain’s Cove. Indeed it was Wolff who offered the motion to approve the townhome motion. He took that action despite the vocal opposition of many of his constituents. Wolff and Rich Morrison, chairman of the planning commission, hosted a constituents meeting May

23 in Captain’s Cove, which was punctuated by those opposing the supervisors’ vote. One opponent representing the Concerned Citizens of Captain’s Cove (CCCC) said the organization would be filing suit in Accomack County Circuit Court to over-turn the supervisors’ decision. Others criticized Wolff for not voting in accord with the view of his constituents, but Wolff essentially said he had little choice in the matter. “If it meets the Code, the governing body has no choice” but to approve it,” Wolff said. Morrison agreed, and made the additional argument that the rental townhome project helps address a major deficiency in the county, a need for more rental housing. The project developer, CCG Note, has said these units in particular are intended to meet the rental needs of employees of the NASA flight center on Wallop’s Island and related businesses. In response to those who contended that he and his colleagues did not

listen to their constituents, Wolff said he took careful and detailed notes, adding that the conditions attached to the approval -- Aqua and road access -- was a direct result of arguments and concerns expressed by Cove opponents of the project. But if opponents want to continue to fight the project, Wolff said, “do it. We can’t do it for you.” Wolff said his motion of approval was drafted by the county attorney, with the possibility of litigation in mind. “The legaleeze is very important,” he said. “If it goes to court, we want to be sure what we do is legally correct. If had drafted the motion myself, we’d [almost certainly] be in for litigation,” he quipped. Wolff alluded to a number of proffers by the developer, which he said can’t be compelled by the county. Perhaps the most significant proffer concerns a proposed new firehouse and ambulance bay for the Greenbackville Fire Department in Section 13, on lots owned by CCG Note along Flying Dutchman Lane

June 2022 Ocean Pines PROGRESS 55

Ron Wolff

and Fleming Road. One opponent during Wolff’s meeting said Cove governing documents don’t allow for a firehouse on lots in a residential zone, an argument that Hearn has rebutted, saying that there are exceptions for utility easements, and fire and ambulance services can be defined as utility. Cove resident a former Cove association president George Finlayson said that residents should carefully consider whether they really want to protest a facility that once built would substantially reduce emergency response time in Captain’s Cove. He recalled the time years ago when he was president of the Cove association and there was interest in hiring a private ambulance company to provide emergency. Nothing came of that effort, and as a result the Cove community can have response times of 20 minutes from area ambulance services. “People have died” because of longer response times, Finlayson said. Wolff said he represents his constituents as best he can, and is the only one of the nine supervisors county who regularly hosts constituent meetings. “My decisions took in all of your concerns,” he said, adding that those vested with decision-making powers “have to take the emotion out of it. Decisions have to be based on fact.” Wolff said that if the supervisors had voted to oppose the project despite language in the county code permitting it, “we’d been litigated against.” The supervisor also said that one of the possible uses of commercial space within the townhome project is a convenience store. “The possibility of just having a convenience store [closer to home] might be a reason to favor the project, Wolff said.

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CAPTAIN’S COVE CURRENTS

WE’RE HIRING! Food & Beverage Manager & Sous Chef COMPETITIVE SALARY & HEALTH BENEFITS! Call the Marina Club 757-824-3465 Or Stop In for an Application Or email cphillips@captscove.com

CAPTAIN’S COVE CURRENTS

June 2022 Ocean Pines PROGRESS 57

FORECLOSURE SALE OF REAL ESTATE IN CAPTAIN’S COVE June 10, 2022, 10 A.M. To be held at the Marina Club in Captain’s Cove Subdivision 3323 Dock Ct., Greenbackville, VA 23356

The following properties will be auctioned: Section/Lot: 1-1047, Captain’s Cove Tax Map No. 005A10100104700 Assessed Value: $5,000.00

Section/Lot: 3-1289, Captain’s Cove Tax Map No. 005A30100128900 Assessed Value: $71,700.00

Section/Lot: 2-0218, Captain’s Cove Tax Map No. 005A20100021800 Assessed Value: $10,000.00

Section/Lot: 3-1476, Captain’s Cove Tax Map No. 005A30100147600 Assessed Value: $191,200.00

Section/Lot: 2-0237, Captain’s Cove Tax Map No. 005A20100023700 Assessed Value: $187,400.00

Section/Lot: 4-2153, Captain’s Cove Tax Map No. 005A40100215300 Assessed Value: $201,500.00

Section/Lot: 2-0326, Captain’s Cove Tax Map No. 005A20100032600 Assessed Value: $10,000.00

Section/Lot: 9-0110, Captain’s Cove Tax Map No. 005A50400011000 Assessed Value: $5,000.00

Section/Lot: 2-0429, Captain’s Cove Tax Map No. 005A20100042900 Assessed Value: $10,000.00

TERMS: Minimum Bids will be announced prior to the start of the auction on the date of sale. Announcements made at auction time take precedence over any print, electronic, or verbal information, including but not limited to the Minimum Bid. Successful bidder will be required to deposit with Trustee a deposit (nonrefundable) in an amount equal to the lesser of $10,000 or 10% of successful bid in cash or certified funds at time of sale, with the closing to occur within thirty days of the date of said sale. Written oneprice bids will be accepted for any of the properties pursuant to the terms set forth in Va. Code § 55.1-1833. There is no warranty relating to right, title, interest, or the like in this disposition. Property is being sold pursuant to Va. Code § 55.11833, and title will be conveyed pursuant to statute and subject to all liens or encumbrances as provided in said statute. All information for review by appointment only. Notwithstanding the Minimum Bids announced at the time of sale, the Trustee reserves the right to accept and/or reject all offers. Time is of the essence. Other conditions may be announced at the sale. TRUSTEE: Pender & Coward, P.C., 222 Central Park Ave., Virginia Beach, VA Phone: (757) 490-6261 Email: capcove@pendercoward.com

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Cove records $532,000 surplus in 2020-21

By TOM STAUSS Publisher he Captain’s Cove property owners association is having trouble accounting for its financial operations in fiscal year 2021-22, because of an ongoing dispute with Troon Golf and its subsidiaries, but for 202021, the year ending this past Sept. 30, Cove finances were very positive. According to the audit report for 2020-21 detailed during the May 23 meeting of Captain’s Cove Golf and Yacht Club, the association recorded a $530,988 fund surplus for the year, compared to a $172,370 loss the previous year. That left the Cove with a fund balance of $6,829,392 for the year, an improvement over the 2020 fund balance of $6,298,394. Herb Geary, managing partner in the UHY accounting firm of Salisbury, presented the audit report on behalf of his company, TGM, which has been bought out by UHY, a national accounting firm. Geary said the merger has been a godsend for his company, providing resources for hiring and training new accountants and other staff for the growing business. Other highlights of the report: • General fund expenditures totaled $4.96 million for the year, a decrease from $5.22 million for the prior year. • The Cove association has accumulated bad debt from uncollected assessments and fees of $8,645,000 over 40 years, but Cove President Tim Hearn said lawyers for CCGYC continue to be aggressive in attempting to collect as much as that debt as possible, especially more recent arrearages. • The Cove continues to service loans for road construction, including one from an anonymous lender who Hearn said wishes to remain unidentified. He said the lender’s name was identified on social media some time ago, but the association continues to honor the request for anonymity in the audit report. The board unanimously voted to accept the audit report as presented by UHY.

Consent agenda items noted

Consent agenda items, actions taken by the board after the last official meeting, were noted during the May 23. Among the announcements: • Mark Majerus was approved as a member of the board for a term that ends in November. • Directors and officers were authorized to execute an agreement with Spectrum Southeast to expand fiber and broadband services in Captain’s Cove.

Confederate flag ban put on hold

After board member Mark Majerus expressed skepticism toward a proposed new rule that would attempt to regulate actions that would cause embarrassment, discomfort or annoyance to residents or CCGYC employees, the directors agreed to put the draft rule on hold. Certain “hate” symbols would be banned by the rule, including the Confederate flag, swastikas and nooses. After Hearn explained the intentions behind the proposed rule, Majerus said it would “send us down a slippery slope” regulating displays on private property. He framed the issue as one that pits First Amendment rights of residents versus those of employees to be free of harassment. He said he didn’t want to be a “censor or a judge” and proposed, as an alternative, to adopt language from applicable Virginia statutes. The rule is as follows: “Each Member and visitor to the community shall refrain from any behavior or action, including a use of a ot or parcel, which could reasonably cause embarrassment, discomfort or annoyance to other Owners’ residents, employees, guests or the Association. For purposes of this regulation, behavior or action hich could reasonably cause embarrassment, discomfort or annoyance includes, but is not limited to, logos, symbols, words, photographs, drawings, or other images that include profanity, obscenities, or

hate symbols that can be interpreted to promote hostility, prejudice, hate, and/or malice against others based on their race, color, sex, age, religion, disability, sexual orientation, gender identity, ethnicity/national origin, or any other protected class recognized by federal, state, or local law. “Examples of hate symbols include, but are not limited to, the Confederate flag, Swastikas, and nooses. “The Board shall have the sole and exclusive right to determine whether a behavior or action constitutes a nuisance under this regulation.” Hearn asked Majerus and board member Pat Pelino whether they would be willing to work with the association’s law firm to revise the proposed rule. Both agreed, and the proposed rule was put on hold pending a revision.

Board approves land conservation plan

A complex land conservation plan for Seaview Street and Sections 1, 7 and 10 involving the U.S. Army Corps of Engineers and offering residents an opportunity to trade their impossible- or difficult-to develop lots for shares in a potentially lucrative land bank was approved by the Board of Directors during the May 23 meeting. A letter detailing the plan by Coastal Compliance Solutions was included as part of the meeting packet. Hearn has tried to explain the complex conservation plan in previous meetings. Director Jim Silfee has been spearheading the project for the Cove board, Hearn said.

Foreclosure auction in June pending

Although he didn’t announce a date at the time, Hearn said that another auction of delinquent properties in Captain’s Cove would take place sometime in June, with 13 properties identified so far for the auction but some likely to settle outstanding debts to avoid the foreclosure. Also to be sold, possibly at the same time as the foreclosures, will be receivables -- but not real property -- associated with about $2 million in accumulated bad debt, Hearn said, owed by people who no longer own property in Captain’s Cove. The Cove has had difficulties in collecting bad debt from people who live in jurisdictions other than Accomack County, but there are firms that specialize in these difficult-to-collect situations, Hearn said. The foreclosure auction is scheduled for June 10 in the Marina Club banquet room, with nine properties listed for sale.

Lake Ernie water levels drop Senior General Manager Colby Phillips announced that Vista Engineering of Showell, Md., had recently conducted a survey of Lake Ernie, a pond in Sections 3 in 4, to try to determine reasons for why water levels have decreased significantly. A report by the company was included in the meeting materials available on the Cove Website. Phillips said a dam failure is one of the causes for the drop in water level, along with an outflow pipe that is assumed to have either collapsed or become clogged with silt and other debris. She said the fix, assuming that the dam is still structurally sound, would be to replace the outflow pipe and riser structure. It won’t be an inexpensive fix, she said.

Colby Phillips

In other announcements during the meeting, Phillips said that: • Repairs and repaving of the S curve near the Maintenance Building has been concluded. • A template for the 2022-23 budget has been created, simplifying the format from previous years, and that department head meetings will be scheduled as part of a revised budget process. • Marina Club dumpster relocaton and enclosure, and mailbox relocaTo Page 62

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Captain’s Cove Community Bulletin Board

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CAPTAIN’S COVE CURRENTS

Sponsorship Flags Still Available! Stop in at the Marina Club or Mail Coupon Below

Captain’s Cove Veteran’s Group Introduces

FLAGS FOR HEROES 2022 Veterans Memorial at the Town Center Captain’s Cove Through Independence Day, July 4th Flags for Heroes is a tribute to the people who have supported and inspired us. Each flag honors a person who has made a difference in someone’s life. Honor your personal heroes - a member of the military, first responded, teacher, community leader, anyone who has been a hero in your life. Sponsor a Flag for $50. Each flag will be identified by a medallion with your name and the name of your hero. Your entire $50 donation will be applied to the Captain’s Cove Veterans Memorial Project.

SPONSORSHIP FORM To help assure accuracy, please only ONE HERO per form

Name of Hero _____________________________________________________ Sponsor ___________________________________________________________ Address ____________________________________________________________ Phone ______________________ Email address _______________________ Make your check payable to Captain’s Cove Golf and Yacht Club. Please write “Flags for Heroes Veteran’s Project” on the memo line. One check may be written for multiple sponsorships at $50 each. Mail to: Captain’s Cove Golf and Yacht Club c/o Colby Phillips 3323 Dock Court, Greenbackville, VA. 23356 For more details email: cphillips@captscove.com

The above medallion will be hanging from each flag at the Veterans Memorial with information about the hero and sponsor.

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June 2022 Ocean Pines PROGRESS 61

Captain’s Cove Community Bulletin Board

62 Ocean Pines PROGRESS June 2022

CAPTAIN’S COVE CURRENTS

Review function not causing delays on member forum, Wilder says Site moderator hopes for greater participation during summer months

By TOM STAUSS Publisher he new member forum on the revamped Captain’s Cove Website launched back on April 25, and a notice to inform Cove association members on how to register went out the same week via email. Since then, there have been 77 registrations, including site moderator Justin Wilder and an account used for testings. “I’ve seen fewer posts I’ve seen less posts than I expected, but I’m still registering about 10-15 people a week on average. There are only a few posts and mostly under one topic,” Wilder said. Under rules adopted by the Cove association Board of Directors, all posts are reviewed by Wilder prior to them going live in the forum. That was the method the board adopted to eliminate the possibility of incor-

rect information circulating in Captain’s Cove. “All of the posts that have been made to the page were approved the same day without additional review,” Wilder said. His job isn’t to censor robust exchange of differing viewpoints, but so far there’s no evidence of that on the site. Wilder suggests that may be the result of too few people knowing that the forum is live. “I expect we’ll see more [participation] over the summer as seasonal residents come down and see articles or word spreads organically,” he said. The site is not without its critics, which Wilder readily acknowledges. In a recent email to Wilder, Cove resident Larry Berger made it clear he thinks the site needs to scrap pre-screening. “Given the necessity to agree to

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the terms of service for use, especially giving the moderator/management authority to remove a post for any reason that strikes their fancy on any given day or subject, why is pre-screening even a requirement? We have already seen in spades this isn’t practical,” he said. Berger said pre-screening “prohibits real time news, exchanges, and issues/responses and they become stale before they even appear. Furthermore, members cannot even be confident if their post was replied to, and if so, was edited or altered in the process either by the author being required, or by Management outright.” He went on to say that use of the Forum now already borders on nil in less than a month and at least up to this point....is a clear fail of The Members’ money, time, and resources. This process should be scrapped post-haste,” he told Wilder. Cove resident George Dattore said he agreed with Berger, questioning whether was “sole arbiter” of proposed posts. “So far, this new messaging system is a complete and utter fail.

I have a notion that this was the intended effect. A tyrannical government’s first task is to stifle the mechanisms of free speech and communication,” he said. He went on to ask Wilder if he had received a “nice bonus” for his involvement in launching the forum. Cove association President Tim Hearn in a reply to Wilder said it wasn’t necessary for him to respond to Berger and Dattore. “I don’t think it is coincidence that they chose to not bring this up in the Member Forum [during the May 23 board meeting], but instead waited to send you a bullying message which is not visible to the public or Members at large. “I don’t think you need to respond to a bullying message from anyone,” he said. “But if you do, feel free to send them a copy of the Rules for this forum which were submitted to the Board of Directors by the Internet Committee and property manager team, and approved in public session (with both of them in attendance as I recall). “If they dislike the rule, then a more adult approach would be to provide a redline to the Internet Committee and property manager team of what changes they are proposing, as those groups take the lead in reviewing proposed changes to the rule,” Hearn said.

Survey identifies 20 bulkhead violations

enior General Manager Colby Phillips reported during the May 23 Board of Directors meeting that as a result of a recent comprehensive survey of bulkheaded property in Captain’s Cove, completed by General Manager Justin Wilder and consultant Chris McCabe, 20 properties have been identified as requiring repairs. Defects encountered during the survey include holes in the bulkheading, tie-back failures, and missing bulkheads. Wilder will be working with property owners, who are responsbile for making repairs at their own expense, to correct the defects. The survey had been delayed for a few weeks because of bad weather. Wilder has said that the comprehensive survey is designed to the give the Cove association a complete look at the state of bulkheading in Captain’s Cove so it can address issues in a timely fashion, noting that in many cases property owners are not aware of problems until they’re pointed out.

Lake Ernie

From Page 58 tion, projects are well under way. • Two bids have been received for the Marina Club roof replacement project. • Vista Engineering is working with an electrical company on the Town Center pool restrooms/pump phase.

June 2022 Ocean Pines PROGRESS 63

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64 Ocean Pines PROGRESS June 2022