May 2021 Ocean Pines Progress

MAY 2021

www.issuu.com/oceanpinesprogress

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THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

Daly proposes fines, court cost recovery in effort to regulate short-term rentals Amending Declaration of Restrictions section-by-section is new preferred approach of board working group

By TOM STAUSS Publisher he cancellation of a scheduled Town Hall meeting on April 17 on short-term rentals does not signal less interest on the part of a working group of directors in coming up with a way to crack down on alleged abuses while retaining the rights of property owners to rent out their homes for periods of 28 days or less.

Short-term rentals are defined in county regulations as rentals for 28 days or less, and Ocean Pines Association attempts to piggy-back on county regulations closely track language in the applicable county ordinance.

In a recent telephone interview, Director Frank Daly outlined a new strategy for ending such abuses as excessive parking on the streets, noise, and trash accumulation, which he said is a problem on four identified properties in Ocean Pines compared to hundreds with no such problems.

Daly said the balancing that the Board of Directors

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is trying to achieve would preserve the rights of property owners to rent out their homes while attempting to eliminate problem properties that drag down the quality of life of neighbors and neighborhood property values.

Daly serves on a task force of directors addressing the issue with OPA President Larry Perrone and Director Camilla Rogers.

The initial approach by the task Frank Daly force was to amend the Architecture Review Committee guidelines with new regulatory language pertaining to short-term rentals, but that approach has been abandoned, Daly said.

Much of the proposed ARC guideline amendment language will be incorporated into proposed changes to the To Page 3

Two candidates for OPA board Rick Farr, a retired Air Force master sergeant and fulltime resident since 2019 and part-time resident before then dating back to 1999, is one of two new announced candidate for the Ocean Pines Association’s Board of Directors in this summer’s annual election.

He is employed as vice-president of Human Resources for WTS International in Rockville, Md. He works from his home office in Ocean Pines. ~ Page 21 Within days of being appointed to the Budget and Finance Advisory Committee, Lisa Romersa announced her candidacy for the Board of Directors. A Long Island, N.Y., native, she and her husband purchased a home in Ocean Pines in 2016.

She’s a full-time Ocean Pines resident and self-employed, owner of a national legal search firm. ~ Page 23

Town Hall canceled without board vote The cancellation of the Town Hall meeting on proposed shortterm rental regulations, originally scheduled for Saturday, April 17, did not involve a vote by the entire Ocean Pines Association Board of Directors.

It was a decision reached by OPA President Larry Perrone in consultation with short-term rental working group members Frank Daly and Camilla Rogers. As there were only three directors attending an April 14 task force meeting with OPA attorneys, it did not constitute an official board meeting.

Directors Doug Parks and Tom Janasek were out of the loop on the decision to cancel the Town Hall, signaling continued friction on the board. ~ Page 5

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COVER STORY From Page 1 Declaration of Restrictions, or DRs, that govern each residential section in Ocean Pines, Daly said.

But in a new disclosure, Daly said the proposed ARC language pertaining to short-term rentals will be beefed up with two new enforcement tools which he said he hopes will give chronic offenders reason to clean up their problem properties.

One change would be to give the OPA the ability to collect court costs if it has to go to court to enforce the DRs in place in a particular section.

The task force is working with former general counsel Joseph Moore to draft that language, Daly said.

Another change, yet to be fleshed out, would give the OPA the ability to impose fines on chronic offenders after sufficient warnings are given to remedy a problem situation, Daly said.

OPA general counsel Jeremy Tucker has been tasked with drafting the language to impose fines, which Daly acknowledged has never been part of the OPA’s enforcement

toolbox.

The authority to levy fines would not be extended to other enforcement areas but would be limited to problematic short-term rentals, Daly said.

The two attorneys, Moore and Tucker, are being tasked with drafting the language in the hopes that it will expedite the process so both can be presented for a discussion and vote at the board’s June meeting.

In an April 14 email to his colleagues, Daly offered an explanation for why he had decided to withdraw the earlier ARC-related motions.

The initial task of the workgroup was “to develop a method of regulating short term rentals that would be no more restrictive than those imposed by existing law, specifically the Worcester County Code,” he said.

Another task was to devise a method for addressing violations in a faster, more effective manner than the Worcester County Code, he added, and “to do so in a manner that was consistent with our governing documents and existing law.”

Daly said that “from day one we

have followed the lead and advice of counsel and have sought input from all stakeholders that would be touched by this process. As we have progressed through this process several things became apparent.

“The first item, developing a method no more restrictive than that of the County, was achievable.

The second, addressing violations in a faster, more effective manner, was not. The third item, somewhat unexpected, was the overwhelming support within the community to achieve our objectives.

“Based on the above ... I will introduce motions to amend our Declaration of Restrictions on a section-by-section basis with a set of regulations that achieve the above objectives,” he concluded.

The third statement, that there is “overwhelming” support within Ocean Pines to regulate problematic short-term rentals, is debatable.

Daly cited a poll on oceanpinesforum.com that he said backed his assertion. He acknowledgted that the poll had been “taken down” and he couldn’t come up with the percentage that was in favor of a beefed up

enforcement.

The tenor of comments at the March board meeting, however, was decidedly negative, and comments on the recently established “Get Involved” Facebook page run by Ocean Pines resident Esther Diller have been more negative than the forum poll would confirm.

Daly said changing the approach to one of amending the DRs section-by-section would allow all property owners the opportunity to decide the issue, including whether to give the OPA more robust financial tools to achieve desired results.

An affirmative vote of a majority of property owners, 50 percent plus one, in each section is required to amend the DRs in each section.

Daly confirmed the task force has met with one organization, the Coastal Association of Realtors, which has gone on record in opposition to the proposed ARC guidelines changes.

The task force also reportedly met with a local attorney, Steve Rakow, who was hired by property owners opposed to the imposition of new ARC gudelines.

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COVER STORY

Short-term rental town hall nixed

by Perrone without board vote Parks, Janasek out of the loop on decision

By TOM STAUSS Publisher he cancellation of the Town Hall meeting on proposed short-term rental regulations, originally scheduled for Saturday, April 17, did not involve a vote by the entire Ocean Pines Association Board of Directors.

It was a decision reached by OPA President Larry Perrone in consultation with short-term rental task force members Frank Daly and Camilla Rogers. As there were only three directors attending an April 14 task force meeting with OPA attorneys, it did not constitute an official board meeting.

Perrone released a statement on the evening of April 14, indicating that “Daly was withdrawing his motions after consultation with all the stakeholders. Frank will continue

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to work on the guidelines and will propose amending our documents, section by section. We believe this approach will give the entire community the power to make the decision on this crucial issue.”

Daly’s motions in question pertain to amending Architectural Review Committee guideline to reinforce county regulation of short-term rentals, a proposal that has run into some community opposition.

A press release containing Perrone’s statement said that the board had cancelled the town hall on short-term rentals, but Daly acknowledged that the decision did not involve a meeting of the board or an email vote, which could have been authorized through unanimous consent of the directors.

Daly said that both he and Rogers had agreed to the town hall’s

cancellation, and he presumed that Colette Horn, the OPA vice-president who usually is in lockstep with Perrone on matters of policy and precedure, would have been a fourth vote if a meeting had been convened to cancel the town hall.

Daly did not defend Perrone’s handling of the town hall’s cancellation.

“It could have been done better,” he said, attributing the handling to continuing tensions on the board.

Directors Doug Parks and Tom Janasek were not part of the decision. Parks made a statement to that effect on the Facebook page of the newly created advocacy and opinion-sharing group called “Get Involved.”

Daly said that it’s “no secret” that Perrone and Janasek don’t like one another, and that’s true to a lesser

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May 2021 Ocean Pines PROGRESS 5 extent between Parks and Perrone.

Daly said he supported the meeting’s cancellation because it would have been repetitive of positions taken during the March board meeting.

In addition, he said proposed changes in ARC guidelines would be reworked before they are sent out to property owners as proposed changes in the Declaration of Restrictions for each section in Ocean Pines.

“Once those proposed changes are completed, I would support a Town Hall to explain them and give property owners an opportunity to comment,” he said. “We are not trying to ram anything through, and we are trying hard to strike a balance between tougher enforcement and not infringing on property rights.”

At the March board meeting, Daly had said he would present the proposed ARC changes to the board for a vote at the May meeting.

The new plan is to offer proposed changes to the DRs at the June board meeting.

The process of amending the restrictive covenants is more protractu

6 Ocean Pines PROGRESS May 2021

Daly dissents from board’s bulkhead referendum claims Director says board should not have said that bulkhead replacement is subject to a referendum

By TOM STAUSS Publisher cean Pines Association Director Frank Daly is dissenting from a claim in promotional material distributed on behalf of the Board of Directors that a reduction in board spending authority would result in annual referendums on bulhead replacement expenditures.

Full page ads placed in local weeklies were incorrect, Director Frank Daly told the Progress shortly after Gene Ringsdorf, a former assistant treasurer who resigned in 2019 after several years in the post, told the board and community atlarge that bulkhead replacement is non-referendable.

Daly repeated his belief that Ringsdorf was right and the board promotional material incorrect in a statement delivered at the April 21 monthly board meeting.

Other directors didn’t respond to the Daly statement. OPA President Larry Perrone said he wouldn’t comment on advice of counsel. Vice-president Colette Horn seemed to indicate that she would look over the statement, but that’s as far as it went.

Ringsdorf’s comments argue that because most bulkheads in Ocean Pines are privately owned and the OPA is obligated to maintain and replace them as needed, using revenues collected from owners of bulkhead property above the base lot assessment, owners of non-bulkheaded property should have no say in how these “waterfront differential” revenues are spent.

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Town hall From Page 5 ed than a board vote to amend ARC guidelines.

A majority of property owners in each section must approve amendments to the DRs before they go into effect.

That raises the possibility of a patchquilt regulatory pattern in Ocean Pines, with some sections approving changes to the DRs applicable to that section while other sections do not.

The bulkheads, even those owned by the OPA, don’t appear on the OPA’s asset list and are not depreciated like most OPA assets are, Ringsdorf said. This means they are not capitalized in a manner typical for Ocean Pines and thus are not “referendable” according to the terms of the referendum question.

In his public statement, Daly said he wanted “to make it perfectly clear that I support the board in recommending a ‘No’ vote to the referendum question posed by former Director Slobodan Trendic.

The referendum, sent out to property owners in the mail the second week of April, calls for a referendum vote on all capital projects that exceed $1 million in cost. The current

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threshold under the by-laws is $1.8 million, or 20 percent of the revenues collected annually from lot assessment.

A Yes vote on the referendum reduces the threshold to $1 million, forcing the board to conduct referendums on projects that exceed $1 million.

Daly said in his statement that Ringsdorf in his comments had “pointed out a potential error and misleading statement that exists in the board-authorized statement that was mailed to all lot owners.

I do believe that Gene’s evaluation was correct and encourage the board through counsel and our chief financial officer to validate and correct any potential misstatement on our

OCEAN PINES [the board of directors] part.”

The early indications are that no such correction will occur. Perrone told the Progress in a brief telephone conversation days before the board meeting that there would be no revision in the board’s published statement with respect to bulkheads.

Daly said he not seen the advice of legal counsel to the effect that the board shouldn’t comment on Ringsdorf’s observation. But he said that was not unusual, because General Counsel Jeremy Tucker’s advice is usually given orally to Perrone or General Manager John Viola or via email to OPA officers.

Daly said that even with the board’s “potential misstatement” remaining on the official record, “I reiterate my total support for rejecting the referendum question.”

He said he “opposed this referendum from day one and continue to do so. It is meaningless and gives homeowners a false sense of security regarding their ability to limit capital expenditures. u

Former OPA assistant treasurer says bulkhead replacement not subject to referendum

ormer Ocean Pines Association Assistant Treasurer Gene Ringsdorf, also a former veteran member of the Budget and Finance Advisory Committee, has questioned assertions that a lower spending threshold for the Board of Directors could subject the OPA’s annual bulkhead program to annual referendums.

A recent letter he sent to the board on the subject has gotten the attention he was hoping for.

“He’s right,” Director Frank Daly told the Progress. “The next question becomes what we’re going to do about correcting the record.”

The possibility of annual bulkhead replacement referendums was raised as an argument against lowering the threshold in full page ads placed in area weekly newspaper by the board as referenduim ballots were arriving in the mailboxes of OPA members.

The referendum asks whether the OPA by-laws should be amended to read “If the total estimated cost, capitalized in accordance with generally accepted accounting principles, of any single capital expenditure exceeds One Million Dollars ($1,000,000.00), the proposed single capital expenditure SHALL require approval of the members by a referendum?”

The key phrase may be the reference to the cost “capitalized in accordance with generally accepted accounting princicples.”

According to Ringsdorf, “replacement of bulkheads owned by waterfront lot owners are not accounted for as capital expenditures, nor should they be. These bulkheads are not capital assets of the OPA. Thus these expenditures do not fall under the type discussed by the referendum and should not be subjected to any referendum limitations.”

Ringsdorf also said that replacement of bulkheads “owned by waterfront lot owners are 100 percvent funded by these lot owners [through the annual ‘waterfront differential’ added on to the base assessment]. The rest of the OPA membership has no financial interests in these transactions, so equity dictates the non-bulkhead owners should have absolutely no say in how these expenditures are made.”

Ringsdorf said that prior to his resignation as assistant treasurer sometime in 2019, “bulkheads owned by OPA [had]never been recorded as OPA capital assets, so the replacement of them have never been capitalized.

If OPA [now] records OPA-owned bulkheads as capital assets then the expenditures to replace OPA-owned bulkheads would fall under referendum limits.”

Because bulkhead replacements don’t fall under the type of expenditures identified in the referendum as capitalized projects, “they are not subject to referendum limits,” Ringsdorf said.

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Daly dissents From Page 6 The current by-laws, in Section 5.13. clearly state the power of the Board in this area, according to Daly.

He cited 5.13.1 Paragraph (1) that “limits the expenditure amount to 20 percent of the current income from annual charges or about $1.8 million. Former Director Trendic’s ... referendum will reduce this amount to $1 million.

However, Daly added, 5.13.1 Paragraph (2) “gives this, or any future Board, the power to bypass the limit established in Paragraph (1).

It states: “If the Board is undertaking a planned replacement, renovation, or repair of existing facilities or the acquisition of new facilities or land that will be accomplished in phases, “single capital expenditure” refers to the current phase, provided the Association is under no contractual obligation to undertake successive phases.”

Daly said “this section does not limit the type of projects nor the total dollar amount of the projects that can be phased. As written it can be used for anything.”

He argued that the “existence of this section makes the proposed limit meaningless. It creates a false sense of limitation. With the bypass in place, the proposed referendum is nothing more than ‘fool’s gold’.”

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Trendic has posted on oceanpinesforum a comment alleging that Daly has misinterpreted the by-laws.

“He doesn’t get it,” Trendic told the Progress after the April 21 board meeting. “Even if a project is phased, it is subject to the limits in 5.13.1.

Frank is misreading the by-laws if he thinks the board can evade limits on the dollar amounts of projects.: Trendic said he posted a message to that effect on oceanpinesforum. com, but Daly didn’t respond.

Daly said that if homeowners want to limit expenditures in a way that’s meaningful, he suggested a new referendum question “that leaves, or modifies, Paragraph 1 to a reasonable level and eliminates the bypass provision in its entirety.”

The Progress reached out to the remaining six directors for a response to Daly’s comments.

There were no responses.

Ballots due back

by May 13

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he Ocean Pines Association mailed referendum ballots the second week of April to all eligible voters. Those ballots are due back by 4 p.m. on Thursday, May 13.

The referendum asks homeowners to vote on a proposal that would limit capital expenditure spending to $1 million without a referendum.

Ballots may be returned by mail or to the ballot box inside the Ocean Pines Police Department lobby on 239 Ocean Parkway.

All ballots, however returned, must be sealed in the return envelope provided in the mailing.

Use of a different envelope or no envelope will void the ballot.

OPA members are encouraged to use the ballot box, because of current uncertainties with the U.S. Postal Service caused by the covid-19 pandemic. The ballot box is accessible 24-hours a day.

To request a duplicate ballot or to inquire about other issues related to the referendum, email elections@oceanpines.org or call 410-208-3989.

Ballots will be counted on Friday, May 14 in the East Room of the Ocean Pines Community Center, starting at 10:30 a.m.

The count is open to the public and will be recorded and posted to the Association Website.

May 2021 Ocean Pines PROGRESS 9

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OCEAN PINES

Not ready to abandon NorthStar, Viola says General manager says he’s beginning to ‘feel good’ about the pace of installation

By ROTA KNOTT Contributing Writer ne candidate for the Board of Directors this summer seems ready to abandon the Ocean Pines Association’s efforts to install NorthStar software across most if not all OPA departments, but General Manager John Viola, well aware of the considerable investment in time and treasure that the OPA has made in the troubled software, isn’t ready for that.

Candidate Stuart Lakernick raised the possibility of pulling the plug on NorthStar in announcing his candidacy for the board two months ago. There’s not been a lot of positive news on the installation process since then, But Viola, in answer to a question posed during the March 31 virtual meeting of the Budget and Finance Advisory Committee, said he had no plans to “pull the plug” on NorthStar.

“I’m not ready to do that,” he said for emphasis.

Installation has been lagging be-

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hind schedule, when the announcement that NorthStar point of sale software will not be installed at the Yacht Club, Beach Club and golf clubhouse prior to the summer season. It’s not clear the POS suite will be ready for installation in the fall.

Meanwhile, while it seemed as though recent outages affecting the OPA Web site had been addressed, more technical issues caused a roughly 12-hour outage on oceanpines.org starting late Friday evening, April 16, and continuing well into the following morning.

According to a representative from Northstar, an SSL encryption on the website had expired, which caused an error message saying the site was either misconfigured or had been compromised. Northstar officials renewed the certification, and the site is now stable.

“We appreciate everyone’s patience and understanding while we work through these issues with our third-party provider,” Viola said.

The general manager gave a detailed update on the pace of North-

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Star installation at the board’s April 21 monthly meeting. He said that migration of the OPA’s systems to the integrated NorthStar software package are finally moving in the right direction.

He said he is “feeling good for one of the first times” about the software installation.

He said Ocean Pines’ staff has had several meetings with top people at NorthStar and as a result the company assigned the OPA a new account manager.

“Apparently that seems to be working,” he said, adding that there have already been noticeable efficiencies gained in the various departments that have already migrated to using the NorthStar software. By that, he said, he means there is “less rework on our end.”

Viola said improvements have been made in areas where the OPA was experiencing problems with system instability.

He reminded board members that in an update he gave them two months ago he cited instability as one of the biggest challenges of the project.

“Something was working then it wasn’t working,” he said.

One of the most noticeable instances of system instability was with the migration of the OPA’s Website to the Northstar software.

“We actually saw that with the Website. The Website right now is the poster child. There was pain,

a lot of challenges,” he said. But now the Website’s response time is 1.5 seconds, essentially the time is takes for a page to load. “We are seeing improvement with the instability,” Viola said.

He reminded the board that, in consultation with Matt Ort Companies, the OPA has opted to delay implementation of the NorthStar software for food and beverage operations.

He said they put the point of sale system aside for now and implemented a back-up POS system for use through the summer season.

“They are up and running. So that should be seamless there. The only thing is that they are not integrated into our general ledger,” Viola said of the interim POS system being used by the food and beverage operations.

“One of the big wins with everything else is that integration,” he said.

He said staff is working with NorthStar to address a final punch list for the food and beverage software installation.

Even though the point of sale is not in operation, Viola said that portion of the project has been sent back to the “sandbox” testing area.

“We put it back there,” he said.

As with other portions of the system implementation, Viola said the basic issue is capacity. The POS system was built for a country clubstyle fine dining establishment.

He said it is not set up for a venue that serves hundreds of people with multiple stations.

Viola said it will take time to address all of the outstanding issues.

“We can see the needle starting to move. NorthStar is kinda catching up. I believe they had growing pains,” he said, adding there is no end date for the software implementation at this time.

May 2021 Ocean Pines PROGRESS 11

12 Ocean Pines PROGRESS May 2021

Viola promotes proposed golf course irrigation project General manager says 50-year-old system will need replacement sooner or later

By TOM STAUSS Publisher eneral Manager John Viola promoted the concept of replacing the existing golf course irrigation system, which is 50-years-old in sections but newer elsewhere, to members of the Budget and Finance Advisory Committee in a virtual meeting March 31.

The replacement envisioned by Viola would be new equipment designed to accommodate treated effluent from the county-owned Ocean Pines wastewater treatment plant, which is now discharged into the bay after tertiary, state-of-theart treatment.

Viola was seeking the opinion of committee members on the proposed project, but he did not receive any definitive expression of support or op-

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position. Committee members mostly asked questions, sometimes skeptical in tone, with one member saying he was acting as a “devil’s advocate.”

The county commissioners voted in early January to hire a consultant to evaluate the existing golf course irrigation system together with the existing wastewater treatment system, with the aim of developing a cost estimate for a replacement irrigation system.

One way or another Ocean Pines property owners will pay for system improvements necessary to irrigate the golf using treated effluent from the Ocean Pines wastewater treatment plant should the project go forward, according to county officials.

What’s not yet clear is the precise funding mechanism. Options include passing the cost to

OCEAN PINES Ocean Pines sanitary district ratepayers through higher quarterly equivalent dwelling unit (EDU) fees. Another possibility is for the Ocean Pines Association to pay for the new system, probably from its replacement reserve.

County officials have also hinted at the possibility of grant funding for some or all of the project, since it would involve replacing a bay-discharge system with land disposal, considered by many to be a more environmentally friendly.

Funding options will probably be outlined in the study that the commissioners approved for $8,800 with Hydro Design, Inc. of Frederick, Md. Whether the study will actually recommend any particular method remains to be seen.

In his effort to sell the concept to the committee, Viola said the actual cost of a new system for OPA members would “only be a few dollars per month,” while the cost of maintaining what he said was a 50-year-old system will continue to escalate.

He later conceded in answer to a question from a committee member that some parts of the system have been replaced over the years, but that most of the system is 50-years-old.

The replacement system now under study includes two water pumps, Viola said. Both would be replaced if the project is greenlighted by the county and the Ocean Pines Association, he added.

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Viola said that if the OPA has to replace the system without county involvement sometime in the future, the cost would be passed on to property owners through higher assessments.

The general manager said he would continue to consult with John Ross, deputy public works director, and would “do another town hall” on the subject once details of the proposal are fleshed out.

He said he has received preliminary concept plans and the OPA team has reviewed it with the design consultant.

The next step is to set up a Town Hall so the consultants can publicly present the proposed project and educate and answer questions from the public.

“They can go through the plans, answer all the questions, the timing, the cost and how they propose to do it. Again this is all a proposal,” he said.

One meeting on the project was

OCEAN PINES held last year prior to the shut-down caused by covid.

Ross, in comments to the county commissioners in January, said it would be an improvement over the existing systems in a number of ways.

“It’s an improvement to one of the assets of the association. But it also is an environmental project because we’re going to reduce the need to pull water out of the aquifer, we’re going to reduce the amount of nutrients going into the river…” he said.

“There are a lot of situations here where we could put a project together that will be very, very beneficial to all involved,” he added.

Ultimately, however, Ross said “it does become the people of Ocean Pines paying for it even if it’s in their rates.”

He made it clear that costs would not be passed on to taxpayers outside of Ocean Pines.

“The Water and Wastewater Division has been working with the management and golf course staff at Ocean Pines to develop a program for investigating the use of

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treatment plant effluent on the golf course,” John Tustin, public works director, said in a memo to the commissioners.

While it had the highest bid of the three competing bids, the staff team recommended awarding the project to Hydro-Designs because of its instate location and current relevant work on the Eastern Shore including at Glen Riddle and Bayside Golf Course.

Ross said this is a long-term $2 to $3 million project so having a consultant that is within driving distance will be a benefit.

“Considering that this could be a project spanning several years, the travel expense of a consultant only several hours away by car versus the cost of a consultant flying to the site when they are needed will be significant,” Tustin said in his memo.

The company’s proposal included consideration of using the golf course landscape for surface disposal of treated effluent from the Ocean Pines wastewater treatment plan via the golf course irrigation system.

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OCEAN PINES

Douty withdraws appeal of wrongful termination suit Decision ends two-year legal saga

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hen Ocean Pines Association officials learned that the Worcester County Circuit Court ruled in their favor in the Nate Douty wrongful termination suit, they probably thought the legal drama was finally resolved.

The court dismissed the case on Jan. 15. It was initially filed in July of 2019 several months after Douty, a former Human Resources manager for the OPA, was fired by former General Manager John Bailey.

It turns out that the dismissal of the case wasn’t the final chapter in the Douty legal drama.

His attorney, Francis Collins of Baltimore, filed a motion for reconsideration on Douty’s behalf on Jan. 18.

It was followed in turn by a motion in opposition to reconsideration on Feb, 2, filed by attorneys for the OPA’s insurance company.

The final chapter in this pro-

tracted legal battle appears to have unfolded with the announcement March 23 that Douty had with withdrawn his appeal.

In a statement, OPA President Larry Perrone announced that Douty’s decision to withdraw his appeal had concluded “this dispute and without any settlement between the parties. The Board of Directors is pleased to see this matter come to its rightful conclusion. The Board maintained that Mr. Douty’s allegations were without merit and the court agreed,” Perrone said.

“Unfortunately, defending these allegations did come at an expense to Ocean Pines, at least $25,000.

Nonetheless, the Board of Directors will continue to vigorously defend Ocean Pines against meritless complaints,” he added.

The OPA also continues to defend Ocean Pines against complaints that are ultimately considered val-

id, such as the lawsuit by former Director Slobodan Trendic resulting in a referendum on board spending authority.

Collins had filed a number of supporting documents with his appeal motion, including transcripts of depositions and affidavits of various OPA officials, both current and former.

There also is a transcript of minutes of a closed board meeting on Jan. 5, 2019, in which Douty’s status with the OPA was likely discussed.

He was fired after that meeting by John Bailey, then general manager of the OPA, on grounds that were never explained by the OPA. Douty said at the time that he was fired on the instructions of the board, in retaliation for the manner in which he handled a complaint against then Director Slobodan Trendic, who was exonerated after an investigation by Douty.

Douty asserts in his suit that his firing was a violation of Board Resolution B-08, the OPA’s ethics and conduct policy, the same resolution cited by Colby Phillips, former OPA amenities and logistical operations director, in her recent complaint against OPA President Larry Perrone.

The court in July of 2019 threw all but the wrongful termination count, and it literally took another year and a half for the court to rule on it.

According to Collins, the OPA had taken the position that B-08 doesn’t really apply to employees and wasn’t designed to protect them.

The OPA’s position with respect to B-08 is somewhat more nuanced, however. B-08 complaints can result from an aggrieved employee, but only if a complaint is written by a director on behalf of an employee, according to OPA officials.

Collins has said that Douty believes B-08 was intended to protect employees and residents. He said that other than the way he handled the Trendic matter, Douty had performed competently as the HR manager and he was fired only as a result of internal political squabbling.

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May 2021 Ocean Pines PROGRESS 17

OCEAN PINES

Viola, Davis to arrange hybrid in-person, January live stream meetings 1st

P

leased with the way that the Ocean Pines Association navigated through the worst of the covid pandemic with extensive use of Microsoft Teams, and combined in-person meetings with remote live stream participation during the budget review process this past January and February, General Manager John Viola and Public Relations and Marketing Director are working on something similar going forward.

“It worked well,” Viola said of virtual meetings with the board of directors and department heads in recent months.

That convinced both Viola and Davis that some sort of virtual component should survive even when in-person meetings resume postcovid as state mandates and restrictions continue to relax.

The two began exploring the possibility of equipping the board room in the administration building with equipment to facilitate a hybrid approach to board meetings, allowing the directors to meet in person as they did pre-covid while accommodating live remote viewing and participation by those not in attendance.

The cost of the equipment is less than $15,000, which would have enabled Viola to purchase the equipment without explicit board approval.

But Viola told the Progress that he brought the possible expenditure to the attention of OPA President Larry Perrone and Vice-President Colette Horn in a recent meeting, and both seemed to support the purchase of the equipment to accommodate in-person and remote participation meetings. The next step was to bring the expenditure to the full board to keep everyone in the loop.

That happend at the board’s April 21 monthly meeting “This way even those who can’t attend for whatever reason can do so by connecting to the meeting via Microsoft Teams,” Viola said. Those speaking from a remote location will be projected on a large screen with simultaneous audio, almost as if they were in the room, he added.

The equipment including cameras will be installed only in the board room, and it’s possible that once the equipment is installed, regular

meetings of the18th. boardWe willwill take place thru January in the board room rather than in the open January 19th.

Community Center’s Assateague Room.

“Board meetings were regularly held in the board room for many

end of April and will allow participants to connect to hybrid meetings.

He said the pre-existing audio visual system was very poor.

years,” Viola said. “So we will be returning to that.”

During his General Manager’s report at the April 21 meeting of the Board of Directors, Viola said the upgrades will be completed by the

The OPA accepted a bid from MidSouth Audio of Georgetown, De., for $10,992 to install the new system.

Two other companies submitted bids. Mid-South installed new audio equipment at the Community Center’s Assateague Room and the Golf Clubhouse.

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18 Ocean Pines PROGRESS May 2021

OCEAN PINES

Director Horn pulls the plug on board self-evaluation Parks, Janasek vote against closed session to begin process proposed last month Cell 410-430-5743

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By TOM STAUSS Publisher hat went in with a bang at the Board of Directors’ March 20 monthly meeting went out with a whimper at the board’s April 21 meeting.

Director Colette Horn at the March meeting proposed a board self-evaluation process with the purpose of increasing professionalism and assessing accomplishments while ending board infighting.

It seemed at the time that the process, including filling out self-evaluation forms, had been more or less endorsed by the full board, with only Doug Parks expressing a degree of skepticism.

At the April meeting, both Parks and Director Tom Janasek upped the ante by voting against a motion

by Horn to go into closed session to begin the self-evaluation process.

That prompted Horn to withdraw her motion for a closed session.

She said that for the self-evaluation process to work effectively, it would need buy-in by all seven directors.

She interpreted Parks and Janasek’s opposition to a closed session as an indication that the concept did not have unanimous support.

Just days before the April 21 meeting, neither Parks nor Janasek were advised that OPA President Larry Perrone had decided to cancel a Town Hall meeting on pro-

W

posed short-term rental regulations.

Parks let it be known on the Get Involved Facebook site that he was not pleased the entire board had not been given an opportunity to decide to cancel the Town Hall.

Horn’s proposal for board self-evaluation was her response to internal turmoil involving the recent resignation of Director of Amenities and Logistical Operations Colby Phillips and efforts to oust Larry Perrone as OPA president and Director Tom Janasek from the board at different times during the last eight months.

She said the board had previously agreed that self-evaluation would be used as a tool to examine director and officer performance and to develop plans for any areas in need of improvement.

In the for-profit business world and well as the nonprofit world, stakeholders are increasingly expecting to see self-evaluation as a measure of effectiveness and accountability, she said.

Horn said the draft self-evaluation survey included in the meeting packet aimed to examine four broad categories: board mission and purpose, board and management relations, board composition and director performance, and officer performance.

Horn said the self-evaluation was to be done in closed session and that the survey was only a small part of the process.

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Viola back in Ocean Pines after Covid vaccination

he “Get Involved” Facebook site linking more than 600 Ocean Pines residents on-line had been agitating on the question of when General Manager John Viola would be back in Ocean Pines, and the answer came back soon enough.

Viola was back at his desk in the Administrative Building after several months back in New York at his second home there on Monday, April 19.

Viola said he was waiting on his second vaccination shot for covid before coming back to Ocean Pines, well aware of the case of covid in the adminstration building several weeks ago.

The general manager said his absence did not mean he wasn’t in frequent and regular contact with department heads.

His days would often begin at 6 a.m. in digital contact with department heads, with email and telephone communication often used as well.

“Nothing didn’t get done because I was back in New York,” Viola said, adding that his primary residence is in Ocean Pines.

L

Golf scholarship deadline April 30

ocal golfers seeking college scholarships have until April 30 to submit an application through the Ocean Pines Golf Members’ Council.

The Scholarship Committee of the Golf Members’ Council will begin meeting in early May to review

applications for several scholarships. The committee will announce scholarship awards later in May. “Those who have an application should return it to their school’s college guidance office by the April 30 deadline,” Scholarship Committee Chairman Bob Long said.

Students seeking an application may get one by contacting Long at rmlong@aol.com.

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Rick Farr announces candidacy for OPA Board of Directors

Three candidates emerge for two open seats to be contested this summer

BY TOM STAUSS Publisher ick Farr, a retired Air Force master sergeant and full-time resident since 2019 and part-time resident before then dating back to 1999, has become the third announced candidate for the Ocean Pines Association’s Board of Directors in this summer’s annual election.

Farr, who announced his candidacy on the Get Involved Facebook site in mid-April, is employed as vice-president of Human Resources for WTS International in Rockville, Md. He works from his home office in Ocean Pines.

His 22 years with the Air Force included teaching accredited courses through the Community College of the Air Force such as leadership development, situational leadership, time management, and conflict resolution.

He served in many military conflicts, includ-

R

ing Desert Shield, Desert Storm, Operation Noble Eagle, Operation Northern Watch, Operation Southern Watch, Operation Enduring Freedom, and Operation Iraqi Freedom.

In announcing his candidady for the OPA board, Farr said he decided to run as a way of representing Ocean Pines non-resident and resident property owners.

“With over 35 years experience as a executive in human resources, I know the value of people, their talents they bring and the positive effect they have on businesses when their voices and ideas are heard,” he said.

If elected, he pledged “to listen to the concerns of all residents with passion and respect and make recommendations and decisions that are at the best interest of our community. I am a firm believer in the ‘team concept’ where each member of the board is involved together for a common

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May 2021 Ocean Pines PROGRESS 21 goal, which is what is best for the community - not individuals.”

He emphazied the need for open communication “to keep our residents informed on all activities that the board is considering and will ensure that there is full open transparency.

Our residents pay a lot in annual assessments and I want to ensure that these assessments are spent wisely through a proper Rick Farr and transparent bidding process.”

He is recommending the creation of a number of new advisory committees, including spending oversight, legal, beautification and a committee that represents part-time residents.

“Their input is a valued as our full-time residents,” he said.

In a telephone interview with the Progress, Farr commented on a number of hot-botton issues alive in the community in recent weeks and months.

•On the pending referendum reducing the board’s capital spending authority, Farr said he would vote Yes. “I think we should hold the board to $1 million,” he said. He said the board’s full page ads 

22 Ocean Pines PROGRESS May 2021

OCEAN PINES

needs to be respect for individual since the reorganization of the board mended the planting of palm trees property rights that allow for prop- last August, which he said makes on the property some years ago, addFrom Page 21 erty owners to rent their homes, ei- the governance of Ocean Pines “dys- ing that more recently the site has promoting the idea that lowering ther short-term or longer-term. functional.” He said the answer to become less attractive. the spending threshold would force “There needs to be a happy medi- that problem is to elect directors He suggested earmarking some of annual referendums on bulkhead um,” he said. who will rise above it. the substantial beach club parking replacement was proven to be inacBut he also said that a proposal surplus for paving the parking lot.

He said he was “disappointed” in curate and need to be corrected. the decision to cancel a Town Hall by Director Colette Horn to institute Farr joins incumbent Frank Daly • Regarding proposals to add OPA on the issue, which he said was a self-evaluaton process was doomed and Stuart Lakerneck and Lisa regulation to short-term rentals to made without all seven directors to failure.

Romersa as the announced candisupplement the county’s applicable Instead, he suggested that the voting on it. dates for this summer’s election.53 July 2016Ocean Pines PROGRESS OPINION ordinance, Farr said he’s heard from But he also said that given the board draft a survey of about ten A search committee has been fession reportedly sets a range of 30 to 70 percent as Clarke points to three years of cumulative Yacht Election residents whoCommentary want greater beautifi- high degree of that The would be sent todefi OPA interest in the limits issue, forquestions find additional candiwithin acceptable ACC funding.

OPA Club cits. appointed Clarke and to Gomsak, elsewhere in this From Page currentlythe funds its replacement reserve at the low end toedition of thedates, Progress, cation in 52 Ocean Pines and an end to he said he supported asking them evaluate most recent members at spar leastover twowhich morethree thanyears the by the multitude of candidates. of the “acceptable” range. should be used for analytic purposes. properties that don’t live up to that the board. proposal by a board-appointed task two vacancies on the board to be Supik is seen as a Thompson cheerleader, and For what it’s worth, Thompson reportedly has Let’s look at the two years the new facility has been ideal.

• Farr emphasized imporforce board to allowrecommended all property 50 owners a funding thiscould year.take a look at the April someone in the mold of Pete Gomsak, a former percent of the ACC, to be the open.

An OPAfilled member 30,beautifi2016, (end-of-fi scal-year) profi t-loss member and current assistant OPA treasurer very achieved tenon years; recommendation is conHe added that many residents of a community-wide voice in the issue by over voting pro-thetance Deadline forYacht filing Club is the close of statement to conclude that the new Yacht Club has much aligned with the Terry-Jacobs faction. tained in a document that the board majority won’t don’t want Oceanand Pines to are turnretired into accountants, cation program, which henot said had business posals to amend therelease Declaration of membership. on Monday, May 10. performed well financially.

Both Gomsak Supik let him to the OPA The statement is posted on the OPA Web are identifidominated ed with the notion that OPA reserves in each A 50 percent funding still would a sigaboth community by rental afterrequire a burst of enthusiasm a Restrictions of Ocean Pines’levellagged Other key on-line dates include: documents, monthly financials). are underfunded, and both are wedded to the idea nificant increase in the lot assessment, properties. few years over ago. a number site (under forms •and residential sections.

Friday, June 4, at 10 a.m., the Operational statements exclude depreciation, which that the OPA’s reserve levels should be tied to someof years, and talking about assessment increases is At called the same time, component he said there citedseason. the iconic North Gate • aHe candidate summaries draw to determine ballot appear in departmental contained in the thing the annual cost (ACC), com-decried never board popular,in-fighting especially duringHe election annual audited financial released in early putational confection conceived and embraced by the The rationale for keepingbridge the document secret, acas needing modernization, order and statement seating during candidate August. The unaudited numbers usually come close to accounting profession. cording to Thompson, is that it is a working document although he said he appreciated forums. the “official” ones available in August.

Gomsak and Terry tried to persuade Supik to run involved in the updating and completion of the OPA’s the wooded structure and itThe doesn’t • Wednesday, June 9 from was 7-9 Yacht Club’s operational loss in 2015-16 for the board last year, failing to do so, but they sucongoing reserve study. $76,219; a yearp.m. earlier was $181,875. Room of the ceeded this year.

That’s absurd, because the document itself is comneed complete replacement. in it the Assateague Granted, the year-over-year improvement was sigIf anyone is the anointed Opportunity candidate ofAthis particuplete and hasCity been in one or two board To Enjoy Well-Kept Vacation Get-A-Way Close To Ocean Locatedreferenced On Hefor said alldocument, of the OPAnificommon Community Center, cant, but aOcean loss is aPines loss and a $76,000 loss (plus lar faction, it’s Supik in spades.

The St. Martin River With Not Ground Rent, Appliances And StorageProperty Shed, This Unitowners Has meetings. paid that Been Used Byof Owners No Rentals, Monthly and HOA FeeitOfought $175 Provides Gatedreleased Comhefty depreciation a $5 million buildSupik has said that, as chairman theOnly, Budget and to be immediately. areas need to be looked with anfunded eye first candidateonforum.

24 Hourto Security, Common Area Maintenance For All Owners, Clubhouse, ing) this past year still requires a substantial subsidy Finance Advisory Committee,munity sheWith is used navigating Thompson seems willing to release it, but he’s betoward improving landscaping over• Saturday, June 19 from 10 a.m.

Laundry And Bath House,in Swimming Pool With ing Life Guard, Cable TV, by Basketball Court, through the annual lot assessment. in very roiled waters, forging a consensus a group stymied some of his board overseers, who in Children’s Play Area, Covered Picnic Area, Boat Marina With Slip Fee Usage, Lawn Mainall. disclosure and transnoon in the Assateague of Supik couldtohave shed more light on theRoom subject with, at times, sharply conflicting views. this instance prefer secrecy over tenance, Boat Ramp, Boating Rentalsthat Available, parency.

Boat Storage With Fee Available, Trashfear that the Thompson recomhad she indulged in less Pines cheerleading on what the Other candidates over the years have said Perhaps they • He called for the establishthe Ocean Community Center, Sewer And Water And Management Fees, Community Restrictions Prevent Full most recentl numbers actually say. they, like Supik claims now, Service, can end board factionalmendation could become an election issue, adversely Time Residency From Oct. 1st best to April 1st Residency Iscertain Permitted. Note Rare ment of a committee secondficandidate Supik also seems rmly in theforum camp (if of needed). replacing ism and infighting. It continues, despite the ef-But Partial affecting candidates, particularly Supik, who representing Unit In That It Offers 2 Bathrooms With 726 Square Feet. than repairing and renovating) existing ameforts of those who say they can end it. has been open in her viewpoint that OPA reserves non-residents to giveare them(rather a greater • Wednesday, Aug. 11 by close of nities, with the Country Club an example of that. The Factional infighting will probably continue regardunderfunded. voice. business, ballot deadline. current minority faction favors substantial renovation; less of who is elected this year. It goes with the terWhat they don’t seem to realize is that by keepresident property owners • Friday, Aug. 13 starting 10 it’s not certain where the majority stands.

With at Supik ritory. It becomes ugly when the infighting becomes ing it secret, it could also have “Even the effect of adversely part ofrepthe majority, the board would voice personal, such as when one director says Hathaway he’s going to affecting certain candidates,say particularly Supik, need even greater Berkshire PenFed Realty non-residents a.m., ballots counted andgain votea totals strongly biased in the direction of replacement. throw a colleague through Ocean thePines wall temerity more so MD than Southfor Gate -the 11001 Manklin Meadows Lane, Ocean Pines 21811 if they had allowed Thompson to release resentation,” he said. announced.

The candidates most likely to embrace Thompson’s of seeing issues differently. his recommendations, and their rationales, to the OPA 410-208-3500 1-866-666-1727 (Toll Free) • Farr called for the continued paving oftenure• as general Aug. manager are Supik, SiSaturday, 14, annual meetOcean Pines’ ACC has been estimated•at roughly membership. mon, Daly, Raying.

Unger, and probably Larry Perrone. $14 million, which could mean that OPA reserves are also Hathaway has come fire from former board the Beach Club parking lot, which ©2021 BHH Affiliates, LLC. An independently owned and operated franchisee of BHH Affiliates,Supik LLC. Berkshire Home-under Those who like the status quo are not without opunderfunded by $10 million if 100symbol percent funding for Services and the Berkshire Hathaway HomeServices are registered service of marks ofmember HomeServicesClarke of America, Inc.her Equalpublic statements to the effect said would with freshening Housing Opportunity. tions. Perhaps too many, but that’s how it is this electhe ACC is the goal. that the OPA and the Oceanhe Pines Yacht Clubhelp is doing tion Actually, it doesn’t have to be; the accounting prowell financially. up that oceanfront amenity.

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Letters and other editorial submissions: Please submit via email only.

Six-month or one-year conLetters should be original tacts are available, withand theexclurate sive to the Progress. Include phone set at $72.61 per quarter.

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May 2021 Ocean Pines PROGRESS 23

OCEAN PINES

Lisa Romersa announces OPA board candidacy

term rentals, Romersa said she hopes the OPA will be able to do a good job of enforcement.

“It doesn’t mean much to have regulations on the books if there is no follow-through,” she said.

She said she had decided to become a member of the Bylaws and Resolutions committee after combing through the OPA by-laws and concluding they are “so out-dated,” adding that some of the board’s dysfunction can be traced to by-laws that are unclearly or poorly written.

As a director, she said she would focus on infrastructure, particularly the need to continue to address drainage issues aggressively.

“Property values depend on it,” she said.

If elected, she promised to be a “hands-on” director who rides around Ocean Pines “to see what’s going on,” talking to residents and seeing what the problems are. She said she’s aware that crews building the Comcast infrastruture for high speed Internet and cable television frequently break water lines and Mediacom cable lines.

“It’s a problem,” she said.

Hopes to restore sense of ‘normalcy’ to OPA operations

By TOM STAUSS Publisher ithin days of being appointed to the Budget and Finance Advisory Committee, Lisa Romersa announced her candidacy for the Board of Directors. A Long Island, N.Y., native, she and her husband purchased a home in Ocean Pines in 2016. She’s a full-time Ocean Pines resident and self-employed, owner of a national legal search firm.

Lisa Romersa She said she’s running to help re- about it” but is leaning to a Yes store a sense of “normalcy” to Ocean vote. If the referendum passes, any provided by the task force before dePines Association operations. capital expenditure over $1 million ciding if that’s the right approach.

“There’s too much controversy,” would need referendum approval “I would need to know the amount she said. “I’m not saying every- before the board can spend it. The of the fines and at what stage in the thing is wrong -- it isn’t. We live in a current threshold is about $1.8 mil- process a fine is imposed,” she said, beautiful community. But the board lion under OPA by-laws. adding that even if a fine is imposed, in-fighting has got to stop.”

While she said lowering the an offending property owner could If elected, she said she would threshold would give property own- simply continue to operate the same her board colleagues to establish ers more of a voice in OPA spending way after paying the fine or could dea “rainy day fund,” or unallocated matters, she said the petition drive cide not to pay it. reserve, to help with unexpected that led to the referendum never “Then it becomes a collection isexpenses. Opposed to assessment would have succeeded if successive sue,” she said. increases to pay for it, she said it boards over the years had earned If property owners eventually could be financed incrementally the trust of property owners. adopt changes to the DRs giving the from amenity surpluses.

“It’s good to have a say, but you OPA the authority to regulate short“I was surprised to learn that we also have to trust the board,” she don’t have a rainy day fund,” she said. “That trust has to be earned.” said. “Many HOAs do.”

Romersa also said she’s heard She acknowledged that amenity that there’s a morale problem withoperations, particularly Beach Club in the ranks of OPA employees, with COLD & WARM BEER parking and Aquatics, have been resignations a problem. “We need to hard hit by the covid pandemic. But understand why this is happening,” once these operations return to nor- she said. “In a pandemic, people mal levels of revenues, amenities should be staying put, not leaving.” overall will produce a healthy surOn the controversy surroundplus for the OPA, she said. Rather ing the issue of regulating shortthan keeping all those surpluses in term rentals, Romersa said she was the operating fund, she suggested pleased that the board backed off taking a portion of them to create on approving proposed changes to the rainy day fund, or contingency Architectural Review Committee reserve. guidelines.

“What if there is some kind of “The board has to listen to what extreme natural disaster,” she said. people in the community are say“Are we ready for it? What happens ing,” she said. if insurance doesn’t cover all of the She said she’s aware that the costs of rebuilding?” board task force working the issue As a new member of the By-laws for the OPA is now looking to amend and Resolutions Committee, she’s the Declaration of Restriction in privy to the correspondence from each section of Ocean Pines, giving the committee chair to the board of all Ocean Pines property owners a Every Thursday directors. stake in deciding how best to regu& Sunday “The correspondence doesn’t late short-term rentals in the comSenior Citizens Get seem like it’s been responded to in munity. a timely way,” she said. “Members “We need to strike a balance of advisory committee put in a lot of between keeping the community (On Orders of $50 or More) volunteer hours researching issues beautiful by enforcing reasonable Liquor & Wine for the board to consider. The board regulations and protecting property can show appreciation for that by rights,” she said.

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OCEAN PINES

Camp Ocean Pines fully subscribed at 50 percent capacity, but Donahue hopes for easing of rules before season begins Recreation and Parks director recaps complete and ongoing projects

By ROTA L. KNOTT state will update is capacity limits Contributing Writer on events and gatherings allowing ummer camp may not be an more campers to participate this option for some Ocean Pines’ summer. children this year. Camp “We are hoping for new regulaOcean Pines is only able to operate tions and new information for the at 50 percent of its regular capacity summer so that we can get back to a and all of those slots for the weekly regular full capacity,” she said. summer program are already full.

She said the camp will be able “We are held at half capacity per to offer a staple of its summer prothe state. But we are full at that half gramming for local youths, field capacity,” Debbie Donahue, director trips, adding “that’s a plus in our of recreation and parks, said during direction.” an April 21 meeting of the Board of Donahue said Camp Ocean Pines Directors meeting. will follow all necessary covid-19 The Ocean Pines Association health and safety protocols required summer camp, called Camp Ocean by the state.

Pines, will run from June 21 to Aug. The registration packet for the 20 and offer either three-day and summer program includes a section five-day registrations each week of detailing all covid regulations, inthe summer. cluding requiring parents to send a ΊΙΙΛΘΟΎ΍ ψϟ ΎϊϝχϘϊ ΕϏχϔ Donahue hopefulCnty that face mask to camp with all children PrinceisGeorges Md before ΍χϚϋͧ йрͿкйͿлйкт camp starts for the season, the over age 5 every day. ΎϞϖ ϊχϚϋͧ йрͿкйͿлйлй Parents will have to remain in Price: 98.500 (00.00) Ί΍и the vehicle at all times when dropping off and picking up their chilCoupon: 3.25 (00/00/00) dren from camp each day.

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Screening will include asking whether campers’ parents or guardians have had any symptoms of covid and if there are any persons in the household with symptoms.

Anyone with a fever of 100.4 or greater, other signs of illness or who have someone in the household with signs of illness will not be permitted to attend.

If a camper or staff member develops covid symptoms during camp, parents will be called to immediately pickup their child, the child will be safely isolated until arrangements can be made for the child or otherwise to leave camp.

Camp staff will also be subject to the covid-19 screening and protocols.

In her addendum to General Manager John Viola’s monthly report, Donahue gave an overview of recreation and parks projects that are being completed in preparation for the busy summer season.

She said the installation of new playground equipment at Robin Hood Park is complete, basketball courts in White Horse Park have been resurfaced and lines painted,

and new backboard are installed.

Fencing repairs will be completed by the end of April.

Donahue said all of the OPA’s parks will also get a fresh layer of mulch and any necessary repairs will be made to existing playground equipment. At the Manklin Meadows park, the basketball court will also be resurfaced, new lines painted, and a new back board will be installed.

Donahue acknowledged some challenges with standing water at the Ocean Pines Dog Park. She said OPA Public Work staff has contacted Worcester County to determine what changes can be made to address the drainage problem.

In White Horse Park, paving of the parking lot will take place in late April. Also, the White Horse Park sign is also part of the parking lot project, and it will be replaced by June 1.

Lights are scheduled for replacement at the Community Center gymnasium by June 1. The existing lights will be replaced with LEDs that will improve the lighting in the gym and increase the energy efficiency of the facility.

“We do have a gym replacement of lights that has been in the budget,” Donahue said, adding, “That is going to make for much better lighting, more efficient.”

Pre-season improvements have been made at the Yacht Club marina, including decking repairs and repainting.

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May 2021 Ocean Pines PROGRESS 25

Viola updates board on progress on bulkheads, Bainbridge Park drainage

By ROTA KNOTT Contributing Writer he OPA’s annual bulkhead replacement program should wrap up in early May. General Manager John Viola said during his General Manager’s report at the April 21 monthly board meeting that this year’s program focused on bulkhead replacement on Pintail Drive, North Pintail Drive, and Pintail Drive Canal at the corner of

Pintail Drive and Ocean Parkway.

The contractor, Fisher Marine, is replacing a total of 3,330 linear feet of bulkheading.

The contractor started work in September 2020 and construction of the replacement bulkhead walls is expected to be finished by April 30, Viola said.

Backfilling of the bulkheads and the final grading will take place by early May, with sodding to be com-

Camp Ocean Pines

“They need two whole days for it to dry,” Donahue said, adding that the work was delayed a bit to ensure there is better weather.

Meanwhile, Vista Design is working on the plans and designs for new pickleball courts and for junior tennis courts.

“They’ll be giving us plans for that soon,” she said.

Finally, Donahue said staff is working to beautify Ocean Pines for the summer season.

“You’ll notice, if you ride through on Cathell Road around the Sports Core pool, there are cherry blossom trees that have been planted on Cathell Road. They will also be planted around the South Gate pond.”

T

From Page 24 Some of them had gotten in pretty bad shape,” Donahue said. “The whole marina has been painted.”

That marina will be open as of May 1 and the fuel docks will be open for service to boaters.

All of the Yacht Club Marina and Swim and Racquet Slips have been rented for the season, Donahue said.

She added that the OPA will still maintain a waiting list for the boat slips, which it carries over every year.

Director Tom Janasek asked about the OPA’s plans for construction of additional boat slips at the marina. “I haven’t heard anything about it lately.”

Viola responded, “We’re still working on the permit for that.”

Janasek queried him about the timing, wanting to know if it will be ready by this summer.

“It will not happen. Correct,” Viola said. “I would have liked it but…”

He said the timing is bad because of the covid-19 pandemic and the increasing cost of construction materials.

He said he wants to “see how we are with the budget” before moving forward with the proposed project.

In the area of racquet sports, Donahue said the Har-Tru court resurfacing started on April 15 and has already been completed.

“They were able to complete that ahead of time,” she said.

Contractor Terra Firma was scheduled to start work on the pickleball courts to repair cracks starting April 20 and that will take about a week to complete.

plete by May 7.

Viola noted the completion dates are estimates and could change due to weather condition and availability of materials.

Viola also provided an update on the Bainbridge Park drainage project, which kicked off on March 15 and is estimated for completion by June 30.

He gave an overview of the reimbursement process for expenses re-

Parks and Recreation Director Debbie Donahue

She said Public Works crews are waiting for more trees to be delivered to finish that project.

Donahue also said Public Works crews have been completing extensive landscaping projects throughout the community.

lated to the $800,00 project.

A grant through the Department of Natural Resources covers $482,337 of the project cost.

The OPA will cover the remaining cost.

Working closely with Worcester County and state agencies, the OPA has developed a plan to improve the area including a retrofitting Bainbridge Pond to meet current Maryland Department of the Environment standards.

With nearly 10 percent of properties in the community draining through Bainbridge Pond to a culvert under Beauchamp Road, the OPA was able to secure grant funds to aid in making significant stormwater management improvements in the catchment area.

The Bainbridge Pond project includes a pond retrofit and outfall improvements.

The project is designed to improve water quality and increase outfall capacity to meet current standards, improve downstream drainage at swales and ditches, and increase protection of the nearby homes.

The OPA has to submit project invoices to Worcester County, which then passes them along to DNR for review and approval, and DNR pays the OPA directly.

Reimbursement is expected to take approximately three weeks from date of invoice submittal.

So far the OPA has submitted one invoice for $53,465 for work done by Environmental Quality Engineering LLC. So far, the OPA hasn’t re

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Viola, board shift gears, approve $209,000 road resurfacing contract Perrone wonders why staff changed its mind on condition of roads

By ROTA L. KNOTT Contributing Writer ust a few months after opting not to include funding for any road resurfacing in the fiscal year 2022 budget, the Board of Directors on April 21 decided to spend $208,579 now to repave 2.45 miles of roadway owned and maintained by the Ocean Pines Association.

General Manager John Viola presented the capital purchase request for road paving, saying the staff recommendation was to award a contract to Chesapeake Paving and Sealing.

Viola said the company did good work previously for the OPA. He said the company offered the OPA a good price for the current paving project but only if the OPA has the work done now.

Viola said there is $240,000 in the roads reserve to cover the cost of the project.

OPA President Larry Perrone questioned the timing of the capital

J

request for roads when the Board discussed the need for any road work during its recent 2021-22 budget process.

“What I want to know John is we sat through the budget process and when we discussed the roads, Eddie Wells told us the roads were in fine shape, we didn’t need to do any road work,” he said. “And that’s how we went forward with the budget.”

Despite the comments that no road work needed to be included in next year’s budget, staff is recommending repairs to six roads, Perrone said.

“Now less than a month after we approved the budget for next year, he’s coming forward for about two and a quarter miles of roads,” he said. “I want to know what changed.”

Viola said it is actually he that is recommending the road work, not Wells.

Viola said he is making the recommendation simply because the roads will need to be repaved soon

and right now a contractor is willing to give the OPA a good price for the doing the work.

Wait six months or a year from now, and the cost could be considerably higher, he said, He said the roads included in the project have low ratings and are at the top of the list for repaving. He said Ocean Pines contains 86 miles of roads and he believes the OPA should be proactive in maintaining them.

“We talked about this years ago when nothing had been done was how much does it cost to do a road,” he said, adding “And we heard numbers from $2.5 million to $68,000.”

Viola said Chesapeake Paving and Sealing is willing to do the work for about $100,000 per mile.

“With that said, if you’re doing two, two and a half, three miles 2.25, you’re trying to keep up with 86 miles,” he said. “So that’s where I’m at. I would like to continue that.

Obviously I’m not going to replace a

OCEAN PINES road that’s perfect. But these roads are basically almost fully depreciated to be honest with you.”

Viola said he is only recommending moving forward with the work because of the price the contractor offered.

“If the price was astronomical or had gone up so much, I would not have come forward as long as they told me the road is safe,” he said.

Perrone agreed and said he would vote to approve the capital expenditure. But he noted the board had exactly the same discussion during the budget process.

“As it stands today, the budget for next year will not have any money or whatever’s leftover for roads because we chose not to put the $350,000 in there [the roads reserve],” he said.

Viola agreed. “Correct,” he told Perrone.

The $350,000 the OPA receives in casino impact funds was diverted to drainage for the 2021-22 year.

Perrone added “and again, like I said, not more than a month after the budget’s approved with those kind of discussions and comments this comes forward.”

Director Doug Parks wanted to know what roads are included in the project. They are listed as Carriage Lane, Harbormist Circle, Drawbridge Road, Admiral Avenue, Raft Road, and Tail of the Fox Drive.

Viola said there are sufficient funds in the roads reserve to handle the $208,579 in resurfacing costs, but the decison will leave the roads reserve in a “depleted” condition, he later told the Progress. Depending on budgetary conditions, surplus operating funds could be transferred back into the roads reserve, he said.

Bulkheads, drainage From Page 25 ceived that reimbursement payment from DNR. Director Camilla Rogers asked if the DNR grant is the grant the OPA worked with the Maryland Coastal Bays Program to secure. She also asked if the grant is renewable or a onetime only grant.

Viola responded that it is the grant the Maryland Coastal Bays Program helped the OPA to apply for and confirmed it is one time funding specifically for the Bainbridge Park drainage project. But he added “there might be other grants” that can help cover the cost for additional work.



OCEAN PINES

May 2021 Ocean Pines PROGRESS 27

OCEAN PINES BRIEFS

OPA loses IT officer to retirement

Steve Grabowski, the Ocean Pines Association’s information technology officer, will be retiring at the end of May, OPA General Manager John Viola confimred during the March 31 virtual meeting of the Budget and Finance Adviory Committee.

“We’re sorry to see him go. It’s a huge loss to the OPA,” Viola said.

The interview process to replace Grabowski is already under way.

Grabowksi’s tenure has included working with OPA department heads and the vendor in the intallation of the controversial NorthStar software suite, which has been promblematical at best.

Budget & finance panel changes meetings

The Budget and Finance Advisory Committee decided during its March 31 virtual meeting to meet the fourth Wednesday of every month, rather than the last Wednesday. Most months, the last and fourth Wednesdays are one and

the same, but a few times every year there are five Wednesdays.

Committee members agreed that setting the meetings to the fourth Wednesday will allow sufficient time for production of the financials prior to the meeting.

Public Works yard open through May 28

The Ocean Pines Public Works yard will be open to Ocean Pines residents May 1-28 from 8 a.m. to 3 p.m., Monday through Friday, and 8 a.m. to 4 p.m. on Saturdays.

Yard debris may be dropped off during this time. Only loose yard debris, such as leaves and limbs, is accepted.

Yard debris may also be placed in paper bags. Plastic bags are not allowed.

Other debris should be taken to the Worcester County landfill.

For more information, visit www. co.worcester.md.us/departments/ publicworks/waste/facilities.

Republic Services customers may place up to four additional bags of u

Arbor Day

The Ocean Pines Garden Club (OPGC) held its annual Arbor Day memorial ceremony on April 8 at Pintail Park in Ocean Pines. The event, cancelled last year because of the covid-19 pandemic, was an opportunity for OPGC members and friends to celebrate the lives of loved ones lost in either 2019 or 2020. The tradition of the Arbor Day ceremony in Ocean Pines goes back many years and includes the planting of a tree to recognize the holiday and to memorialize those who passed away.

This year’s tree was a Yoshino Cherry. During the ceremony, club members read the names of loved ones and tolled a bell, and a friend or family member placed a shovelful of dirt around the tree and received a white rose. This year, a second tree also served as memorial to all those lost to covid. A series of painted rocks signify memorial trees in Pintail Park and include the tree’s type and the year it was planted. OPGC President Patti Lookner and Arbor Day Committee Chairwoman Ann Shockley introduced the program, which also included historical and poetry readings by OPGC members, music by the Delmarva Chorus and bagpiper Mike Castoro, and proclamations from the Ocean Pines Association Board of Directors, presented by Association President Larry Perrone, and the Worcester County Commissioners, presented by County Commissioner Chip Bertino.

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28 Ocean Pines PROGRESS May 2021 OCEAN PINES BRIEFS

40 Ocean Pines PROGRESS

the performance matters program instead.

From Page 40 Zanich and Henderson gave brief overview of the program, how it is used, ties and to have a health and wellness and the benefits of an assessment data committee site coordinator who oversees system. this committee.

The performance matters platforms In the area of staff wellness, the pollink student and educator data. The icy states that the Worcester County data is used to drive the decisions made public school system will promote staff by teachers, administrators, board memhealth and wellness by providing a vabers and parents to improve student riety of organized programs for staff, learning and educator performance. The designed to enrich and improve their system can be used for teacher observanutritional, physical, mental and emotion and evaluation. tional well-being.

“We believe that in using data we can The Board of Education during its better meet the needs of every student.

June 17 meeting also heard an update It is part of our success in helping our on the performance matters program. students be successful for life.” Zanich Worcester County Public Schools said. uses a variety of types of data to create The school board also adopted an upits master plan, goals, and instructional dated educational facilities master plan, programs. which is required annually to be sub“Over the years we have discovered mitted to the Maryland Department of that this could be an arduous task. It Planning by July 1. had become an overwhelming burden to The 2014-2015 Plan is presented in our teachers. We John searched for a way to Bennish five sections: goals, standards and guidesupport our teachers in the use of this Financial Advisor lines; edwardjones.com community analysis; enrollment data,” Coordinator of Instruction Stephprojections; inventory and evaluation of anie Zanich and Data Specialist Rebecca Member SIPC 11200 Racetrack Road school facilities; and facility needs analHenderson said in their written report Suite A102 The Pavilions ysis. All five sections have been revised to the board.

Ocean Pines, MD a 21811 to reflect current information, including The school system started using updates on the successful bidding phase 410-208-9083 program called Edusoft but quickly disand start of construction for the Snow covered it was not robust enough. Using Hill High School renovation and addiRace to the Top funding, it purchased

School board

IRT-1848F-A

July - Early August 2014

From Page 27 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.

Trash collection days for residents south of Route 90 are Tuestion project and the completion of the day and Friday.

For residents north Showell Elementary School feasibility ofstudy.

Route 90, the collection days are The plan the challenges facMonday andoutlines Thursday. ing the schools system, including popuOcean Pinesaging is not currently oflation growth, buildings, technology needs, andpickup, changingbecause program needs. fering bulk the A major andtoaddition practice wasrenovation determined be costor replacement school project at SES has prohibitive. been prioritized in both the school sys-

OCEAN PINES Ocean Pines Academy available for viewing

The new Ocean Pines Academy is now active, featuring nearly 20 virtual educational segments about Ocean Pines operations, amenities, and more. To view the academy, visit https://www.oceanpines.org/web/ pages/ocean-pines-academy.

WORCESTER COUNTY The Ocean Pines Academy is a on the same SES property for slightly virtual, self-paced civic education more at $37.4 million. course about the including Ocean Pines Overall, after designAsand management fees, playground sociation.

The Academy includesequipan ment, movable equipment, portable overview of the different facets of classrooms, phasing of the renovations the Association, presented by and those and additions, technology costs miscellaneous like inspection who handlecosts fulfilling its visionfees, and it will be less expensive by about $4 milmission each day. lion to build a new school than renovate

tem’s educational facilities master plan and expand the old one. and the capital improvement program The cost of keeping the current buildfor many years. ing but renovating it and adding on was In May, the school board voted to $44.8 million while the total estimatReflections Window Cleaning move forward with planning for the ed cost of building a new SES was just Specializing in Commercial and construction of a new Showell Elemen$40.9 million.

Residential window cleaning. tary School, based on the results of the Finally, during the meeting the Also offering: Showell School feasibility study. The school board approved the fiscal year board accepted the recommendation of 2014-2015 operating budget for Worces~Vinyl Window Cleaning ~Chandelier Cleaning the architectural and engineering team ter County Public Schools. ~Gutter Cleaning led by Becker Morgan Group to proceed The budget includes funding for salWater Spot Removal with the design of a replacement school ary ~Hard step increases for eligible employat an anticipated cost of about $37 milees,Your a longevity step,cleaning a .5 percent cost local window lion. of living allowance, companya 3 percent increase Call today for a FREEand estimate The consultant determined that the for bus contractors an 8 percent construction costs were comparable for increase in insurance rates. The budrenovating and expanding the existing get also includes major expenditures of school versus building a completely new $354,000 to replace gymnasium floors at facility. Because of the extensive nature Berlin Intermediate, Pocomoke Middle of the renovations and expansion that and Snow Hill Middle schools, $144,000 would be required, the cost of that opto replace gymnasium bleachers at Stetion was estimated at $36.8 million. On phen Decatur High School and $200,000 the other hand, the consultants said a in non-recurring costs for student techbrand new school could be constructed nology.

May 2021 Ocean Pines PROGRESS 29

OCEAN PINES

Above, a portion of the replica Vietnam Memorial exhibit. Right, a local honor guard participates in the opening ceremony.

Wall That Heals exhibit a memorable event in South Ocean Pines

T

hreats of severe weather caused a schedule change for the Wall That Heals exhibit at the Veteran’s Memorial in South Ocean Pines.

The welcome home opening ceremony took place Thursday, April 22 at 11 a.m. as scheduled. The ceremony included remarks from Brig. Gen. Warner Sumpter, U.S. Army (retired) and chairman of the Veterans Home Commission; Maryland State Sen. Doug Peters; Maryland State Sen. Mary Beth Carozza; American ex-Vietnam POW Ralph Galati; and Ocean Pines General Manager John Viola.

The candlelight vigil originally scheduled for Saturday evening, April 24, was moved to Friday, April 23 at 7 p.m.

During the vigil, guests walked along the wall, holding a candle, as volunteers read aloud the names of “hometown heroes” from Worcester County, as well as from other counties on the Eastern Shore of Maryland and Virginia, and Sussex County in Delaware.

More than 200 vehicles escorted the Wall That Heals into Ocean Pines. Included in the escort were multiple agencies of local law enforcement, as well as veteran groups including Hogs for Heroes, the American Legion, and U.S. Military Vets Motorcycle Club.

Worcester County Veterans Me-

morial Foundation President Marie Gilmore, Vietnam Veterans Memorial Fund Director of Outreach Tim Tetz, and Viola each delivered opening remarks.

“I can feel the enthusiasm [and] the excitement. This is really a great day,” Viola said. “Thank you to everyone who came out to support this historic exhibit that honors our Vietnam veterans, and thank you

to the Worcester County Veterans Memorial Foundation for planning and organizing this visit. We look forward to the opening ceremonies on Thursday.”

Gilmore thanked the escort for bringing in “this amazing, amazing display that we’re going to enjoy all week long.”

“This is so historic,” she said. “This traveling wall, this Wall That Heals does not usually stop in Maryland, because we have our own Vietnam Veterans Memorial in Washington, D.C. But the Vietnam Veterans Memorial Fund thought that this was such a spectacularly patriotic area, that ... they brought the Wall That

Heals to the Eastern Shore, and I could not be happier.

“Thank you all for being part of it. You’re part of history,” she added.

Tetz jokingly thanked everyone for “not losing the truck” that carried the wall.

“What you brought in here today was special,” he said. “Not is it just a beautiful 53-foot trailer, but inside that trailer is a three-quarter scale replica of the Vietnam Veterans Memorial.

“Twenty-four hours a day, starting [Thursday] until we take it down on Sunday afternoon, it’s going to be open to the public. And they’re going u

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From Page 29 to get to come and pay respects and learn about the service and sacrifice of those who fought in the Vietnam War,” Tetz continued. Dental Services “I want to encourage all of you to come back throughout the rest of this week to experience the Vietnam Veterans Memorial,” he said.

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OPA FINANCES

OPA records $199,000 operating fund variance in March Positive variance for year climbs to $1.33 million

By TOM STAUSS Publisher he Ocean Pines Association piggybacked on positive financial results in February with even better results in March, the second-to-last month in the 2020-21 fiscal year.

The positive operating fund variance for March was $199,144, with revenues over budget by $91,129 and total expenses under budget by $108,015.

Financial reports prepared by Director of Finance/Controller Steve Phillips appeared on the OPA Website on April 19.

The unexpected March results mean the OPA’s operating fund surplus for the year got another significant boost.

There’s a positive year-to-date operating fund variance of $1,329,395

T

though March, with revenues over budget by $221,587 and total expenses under budget by $1,107,808.

Federal payroll protection program funds are, as Viola has contended throughout much of the past year, largely responsible for this year’s operating fund surplus, although the numbers also suggest significant cost-cutting throughout the year.

PPP funds of almost $1.5 million produced a much rosier revenue bottom line number for the OPA than would have been conceivable without it.

There were only two departments that were active operationally that missed their budgets for the month, tennis with a negative variance of $185 and the Clubhouse Grille with a negative variance of $5,836.

The Beach Club and marinas also

recorded negative variances, but neither were open for business.

All other departments, from the general manager’s office to finance, did better than budget.

Of the major amenities, the Yacht Club beat its budget by $21,193 while losing $29,994 for the month.

For the year through March, the Yacht Club is in the black by $74,368 but is under budget by $58,992.

The Yacht Club’s operating surplus through March last year was $156,062, so clearly the covid pandemic has had an effect on net operations this year.

Combined golf operations for March produced a $956 positive variance while losing $36,461 for the month.

Year-to-date, golf is in the red by $46,140 but is behind budget by only $8,114.

May 2021 Ocean Pines PROGRESS 31 Golf is performing well year-overyear, as through March last year the operating deficit was $61,082.

Aquatics had a good month in March, exceeding the budget by $5,808.

Contributing factors were improving numbers for swim lessons, cash fees and facility rentals.

For the year, Aquatics has recorded a $155,951 deficit, behind budget by $198,196.

Racquet sports for the month were close to break-even and very close to budget.

For the year, tennis and platform tennis will miss their budgets unless April produces a major turn-around.

But pickleball remains a bright spot financially, ahead of budget by $3,076.

Recreation and Parks also had a good month relative to budget, with a $28,384 positive variance.

For the year through March, Parks and Rec is ahead of budget by $78,081.

Other departments with positive variances above $10,000 were Public Works ($92,040), General Mainu

Direct Access for Physical Therapy

­

­

32 Ocean Pines PROGRESS May 2021

Projected year-end surplus back above $1 million

Without covid stimulus money, OPA would be losing $369,000 this year, Viola says

By TOM STAUSS Publisher he projected year-end operating fund surplus for the current 2020-21 fiscal year is now back above $1 million, $1,150,000 to be exact, according to General Manager John Viola. The rosier scenario was helped along by a $200,000 operating fund surplus recorded in March, well above expectations.

The projection for the year-end surplus on April 30 has bounced around dramatically in recent months.

Viola presented the latest projection at the April 22 montly meeting of the Board of Directors, with roughly a week left in the fiscal year.

The next set of numbers won’t be a projection but the actual monthly financial report pre-audit for April, which usually are made available in the last week of May, a little later than the usual third week of the month.

In mid-March, Viola and Director of Finance/Controller Steve Phillips projected a pre-adjustment surplus of $1 million.

But Viola then adjusted that $1 million with subtractions that left the projection at $250,000. Those

T

subtractions have disappeared from the new projected $1.15 million operating fund surplus.

One anticipated adjustment would have moved casino funds that had shifted out of the roads reserve into drainage projects back into the roads reserve.

Viola said at the April 20 board meeting that he was no longer proposing to do that.

Another $200,000 adjustment, which Viola rounded up from $180,000, would have covered the inherited operating fund deficit from the previous year.

The third adjustment would have booked $200,000 in New Capital Reserve funding for four new pickleball and a junior tennis court into 2020-21 business, even though Viola knew at the time that they would not be built in the current fiscal year.

The board had approved the expenditure in the current fiscal year.

One potential adjustment that remained as of mid-March was the costs of Yacht Club marina expansion with transient use t-docks.

But with permitting issues lingering and construction delays, Viola at the April 22 meeting took that prospect completely off the table for

2020-21, meaning that there will be no t-dock adjustment.

Viola also directly confronted lingering sentiment in Ocean Pines that the OPA should not have accepted federal covid stimulus money, especially Payroll Protection Program revenues that have muddied the cost accounting waters for 202021. Without it, there would be an operating deficit this year.

Viola said the OPA has yet received confirmation that $1.143 million in PPP loan funds has been forgiven.

If the issue of loan forgiveness is not resolved before completion of the

OPA FINANCES

audit this summer, then Viola said there will be some sort of asterisk on this year’s operating results indicating that the PPP and related funds allocated to the General Administration department is contingent on loan forgiveness.

In the unlikely prospect the loan is not forgiven, then the $1.143 million in PPI funds will have to be backed out of the projected operating fund surplus for this year, or next year depending on timing, Viola said.

The general manager said that without the PPP funds received by the OPA, another $271,000 in PPP funds received by the Matt Ortt Companies benefiting food and beverage venues managed by MOC for the OPA, and $105,000 in additional covid-related funding, then the OPA would have produced an estimated $369,000 operating fund deficit this year.

OPA may revamp credit card fees next year

A

sked to revisit the Ocean Pines Association’s credit card convenience fee of 3.5 percent, General Manager John Viola said that after a consultation with legal counsel that a new, lower fee -- perhaps 2 percent -- will be enacted for next year’s budget.

The issue was raised by former OPA Director Slobodan Trendic, who had fired off a series of emails to OPA officials contending that the current 3.5 convenience fee for those who pay their assessments via credit card is contrary to the policies of two credit card companies, Visa and Mastercard.

Since many OPA members have already paid their assessments for the 2021-22 fiscal year, Viola said this year’s rate will remain in effect. “It will be called a flat fee, rather than a convenience fee,” he said, and that seems temporarily to get around the rules cited by Trendic. Subject to board approval, Viola said next year’s rate might be lowered to 2 percent.

Ocean Pines Association, Net Operating by Department, March 2021

Operating fund From Page 31 tenance ($26,269), and Public Relations ($13,250).

After 12 months, the positive or negative variance to budget translates to the operating fund surplus or deficit for the year.

This year, it’s really only a question of what the operating fund surplus will turn out to be.

Indications are that it will exceed $1 million.

Reserve summary: The OPA’s reserves through March 31 stood at $6.05 million, down from $6.51 million at the end of February.

The replacement reserve had a balance of $4.009 million.

The bulkheads and waterways reserve had $1.19 million in it.

The roads reserve fund stood at $216,322, drainage reserve at $549,770, and new capital at $84,955.

May 2021 Ocean Pines PROGRESS 33

LIFESTYLES

Joe Jankowski helps clean the St. Martin River, but oysters do most of the work

By SUSAN CANFORA Contributing Writer oe Jankowski became interested in growing oysters after a friend, who lives in Crisfield, told him how well the shellfish help clean waterways.

“He was doing it off his dock and I said. ‘Oh, sure. I can do that.’ It’s enjoyable. I’ve been doing it and it’s been a lot of fun. My wife complains occasionally when I go out there and spend so much time with the oysters,” he said with a laugh as he referred to his spouse, Gail, “but it is fun.”

“I do it to help clean the river. As it turns out, one thing that happens when the river gets healthy is, you’ll get all kinds of things like mussels and barnacles and other shellfish – clams, whatever -- growing in the river because it is cleaner,” said Jankowksi, who lives on the St. Martin River, off Beauchamp Road, north of Ocean Pines.

The river gets polluted from run off from chicken factories as well as from septic systems, fertilizer that farmers spread on fields and dangerous chemicals sprayed to kill weeds.

Oysters help by filtering brackish water.

“An oyster slightly bigger than a three-inch oyster will filter 50 gallons of water a day. We’ve got thousands of them off our dock here and they are filtering lots and lots of water. If you look at the tides, the water level on my dock goes up and down 18 inches to two feet. For it to go that far, there is water moving a long way, so water at my dock is at least as far as the Assawoman Bay and I am three miles from the Assawoman Bay,” he said.

Jankowski, who has interested residents of Ocean Pines and other nearby towns in the project, buys the salt-water bivalve mollusks from Hoopers Island Oyster Co. in Cambridge.

Oysters are classified as bivalves because their shells have two halves, “joined by a ligamentous hinge and held shut by a pair of strong adduc-

tor muscles,” according to www.encyclopedia.com.

“After we found out our friend was growing them in Crisfield, we got oysters and we took them back here where we live and put them in the St. Martin River, with all the excess nutrients they had to absorb.

Their life cycle is five years but we have had them up to eight years. u

J

Joe Jankowski pulls a cage of oysters out of the St. Martin River in front of the home he shares with wife Gail. Jankowski has been growing oysters for the past few years, to help clean pollutants in the river.

34 Ocean Pines PROGRESS May 2021

LIFESTYLES

Oysters help filter brackish water. Jankowski said an oyster slightly bigger than three inches will filter 50 gallons of water a day.

Oysters

From Page 33 Some of them grew eight inches across, great big oysters, but they were not producing other baby oysters,” he said.

Interestingly, oysters reach maturity in one year and are protandric, meaning they have male sexual organs while young, and female organs later in life.

During their first year, they spawn as males by releasing sperm into the water, then as they grow during the following couple of years, they spawn as females by releasing eggs, a Wikipedia article explained.

“Here’s what happens,” Jankowski said. “Oysters sit on a hard surface when they reproduce but when there is an algae bloom in the river there is no hard surface because of the bloom. What was happening was we had a bunch of oysters but they were dying off over time,” he said.

Jankowski got in touch with Maryland Coastal Bays in West Ocean City and asked about the organization’s program to give baby

oysters to residents interested in growing them. Coastal Bays provides what’s called spat unshelled, described by Jankowski as microscopic oysters that sit on an oyster shell and are either invisible to the naked eye or look like a dot made with a lead pencil.

Some shells, two or three inches wide, will have 10 or 12 babies.

When he received the oyster larvae permanently attached to a surface, known as spat, he donated the older, larger oysters he had been growing to Coastal Bays, to be placed in reefs designed to clean area waterways.

At the Jankowski residence, several cages hang off the dock. A cage could initially hold 1,000 tiny oysters, but once they start growing, the cage would become too heavy to be lifted out of the water. When the oysters are at least half an inch long, so they don’t slip through the mesh in the cage, he places 70 or 80 in each cage.

“The cages are very light to pull out of the water, if you pull them out every two or three weeks. You have

to clean off the algae every once in a while or it will suffocate the oysters,” he said. He uses a scrub brush and garden hose, or power washer with just clear water. When the river starts getting cold in late October or November, algae stops growing.

There’s a sign on his cages warning the oysters are not for human consumption and Jankowski doesn’t want to eat them. His purpose is strictly environmental, so every year he gets oysters from the Hoopers Island company and places them in the cages that are dropped into the river.

Some of the newer cages float, making it easier to see the contents.

When they are large enough, they are taken to Coastal Bays. The organization’s reefs are in areas including the mouth of the St. Martin River and locations in Virginia.

His environmentally sound hobby has attracted the attention of about 32 people who also want to clean waterways, some in Ocean Pines who put them in canals and others in the St. Martin River or Assawoman Bay in Ocean City.

Getting started is inexpensive, about $45, for a cage and $5 for the first 75 oysters. And it doesn’t take a lot of time.

“Once you put it in the water you don’t have to do anything except keep an eye on it. If the cage is starting to get covered by algae, pull it out and hose it off,” he said.

“People are willing to do it. I keep adding lists of people who want to do it. It’s a good idea,” he said, adding anybody interested can e-mail a message to him at protectorsstmartinriver@yahoo.com.

Local interest seems to be growing.

He and his wife hosted a table at the annual Bay Day at Ocean Pines, an event planned in conjunction with the Maryland Coastal Bays Program designed to educate the public about how watershed residents can make a difference.

Bay Day was canceled last year because of the coronavirus, but he manned the table at the last one and found that “there were a lot of people who were very interested in what we were doing to restore the river’s health.

“I’m trying to spread the word.

There was an article in a local newspaper a year or so ago and after it was published there were ten people who told me, ‘I want to do this.’

I’m more than willing to spread the word and do it with more people.”

May 2021 Ocean Pines PROGRESS 35

CAPTAIN’S COVE

Phillips introduces new way of presenting Captain’s Cove monthly financial Executive information Summary One-page graphic

By TOM STAUSS Publisher ulfilling a promise to members of the Captain’s Cove association board of directors, Senior General Manager Colby Phillips has introduced a new way of presenting monthly and year-to-date financial information to the membership.

The February results were presented during the April 8 meeting general managers’ virtual meeting, showing financial results relative to budget in a number of cost-center categories such as food and beverage, pools, and golf.

She presented March results in a graphic made available to the Progress during the week of April 19.

F

Cove clamps down on mini-bikes, ATVs

The Captain’s Cove association is taking a hard line on all-terrain vehicles and mini-bikes on streets, on the golf course and the Marina Club boat ramp.

Community regulations ban ATVs and mini-bikes in these locations.

During an April 8 general managers virtual meeting, General Manager Justin Wilder advised that a Cove resident who was the subject of a complaint and a scheduled hearing couldn’t attend.

But he said he had sent a notice to the offending resident advising her about the prohibition of mini-bikes on the golf course and boat ramp.

Even with the involvement of the Cove’s security staff, the “bad behavior” continued, Wilder said.

He said that Virginia law allows a $50 per incident fine to be levied and a $100 fine for ongoing problems.

Wilder said he is recommending a per incident fine of $50 and a restriction on amenity access, and board members had agreed. With that, he said he would be writing a letter to the residents informing them of the fines and restricted access.

June yard postponed until fall post-Covid

Because of continued restrictions

Covid environment.

He said the most likely scenario will be do a digital version of the publication, rather than a print version, because of a an insufficient amount of material to fill a print publication.

Phillips said that Monday e-blasts will become a regular feature of the Cove’s communications efforts. consolidates results in easy-to-understand format She also said that the Executive Summary Financials ~ February 2021 (Month 5 of Fiscal Year Budget) team has been responding to Executive Summary Financials - February 2021 a request from Director Pat Month Actual Month Budget YTD Actual YTD Budget Variance Annual Budget Activity Perino to replace 30-year-old CCGYC Revenue $ 377,760.86 $ 397,919.33 $ 1,991,311.89 $ 1,989,596.65 $ 1,715.25 $ 4,815,025.00 BCG Revenue $ 37,283.00 $ 41,500.00 $ 273,391.00 $ 192,900.00 $ 80,491.00 $ 602,400.00 Cove pole banners, which Total Gross Revenue $ 415,043.86 $ 439,419.33 $ 2,264,702.89 $ 2,182,496.65 $ 82,206.25 $ 5,417,425.00 have been looking tired and Cost of Goods Sold (COGS- BCG) $ 14,199.00 $ 14,595.00 $ 94,023.00 $ 67,877.00 $ (26,146.00) $ 211,842.00 ragged from prolonged expoGross Income $ 400,844.86 $ 424,824.33 $ 2,170,679.89 $ 2,114,619.65 $ 56,060.24 $ 5,205,583.00 sure to the elements.

Expenses BCG Labor/Operations $ 65,026.66 $ 66,598.00 $ 360,482.30 $ 338,094.00 $ (22,388.30) $ 937,761.00 She said they’ve found a R & M Costs $ 63,321.77 $ 79,848.00 $ 391,039.21 $ 399,240.00 $ 8,200.79 $ 958,092.00 Pool Costs $ 3,584.42 $ 7,050.00 $ 25,457.92 $ 35,250.00 $ 9,792.08 $ 84,597.00 product with a 30-year warGeneral Admin $ 37,503.14 $ 45,086.00 $ 228,111.59 $ 225,430.00 $ (2,681.59) $ 652,708.00 Interest/Allowance for Bad Debt/Other $ 150,590.92 $ 151,544.00 $ 743,126.46 $ 757,720.00 $ 14,593.54 $ 2,197,733.00 ranty including both the Depreciation/Amorization $ 40,917.00 $ 40,917.00 $ 204,585.00 $ 204,585.00 $ $ 491,000.00 Total Expenses $ 360,943.91 $ 391,043.00 $ 1,952,802.48 $ 1,960,319.00 $ (7,516.52) $ 5,321,891.00 hardware and banner and Net Income $ 39,900.95 $ 33,781.33 $ 217,877.41 $ 154,300.65 $ 63,576.76 $ (116,308.00) that the banners would be The new executive financial statement prepared by Senior General Manager Colby Phillips. installed sometime in May.

Financials

on group gatherings because of the covid pandemic, the June yard sale has been postponed to a date to be announced in late summer or this fall, Wilder disclosed during the April 8 meeting.

Social distancing and limits to the number of people even in an outdoor setting led to the decision, he said, adding that he would continue to monitor developments in Virginia’s covid regulations.

Restrictions eased on outdoor pools

With 75 percent occupancy of swimming pools allowed under Virginia phase III covid reopening plan, Captain’s Cove will be able to reopen its outdoor pools this summer without much impact on the number of people allowed in the pool and on the deck space that surround them.

Tables, chairs and umbrellas will be allowed in, but “large equipment” which Wilder defined as loungers take up too much space and won’t be allowed under phase II, he said.

Phillips added that small groups that were discouraged from coming in last summer will be allowed in, sitting at tables and under umbrellas.

“Your group can congregate,” she said. “More tables will be out this summer,” and usage policies could change as regulations evolve.

Even with an easing of Virginia’s covid regs, however, Phillips advised that pool operations are still subject to CDC (Center for Disease Control) guidelines, which mandate ten feet of social distancing.

“We can still have only so many people in at one time,” he said.

Managers discuss plans to improve communication

Phillips and Wilder are working on plans to improve communication with Cove members, with focus on coming up with a new Website, reviving the Cove Chronicles, the association’s monthly newsletter that’s been on a covid-related hiatus, and introducing a weekly “e-blast” email on Mondays announcing items and activities of interest for that week.

They were pressed by board member Sharon Wagner on when a new or improved Cove Website would go live. She expressed frustration on what she perceived as the slow pace of replacing or improving the site.

Phillips said in response that she and Wilder have met with vendors who could replace the Frontsteps site, with Wilder adding that the difficulty so far has been trying to integrate the site with accounting software used by the Cove.

The existing site allows Cove members to make payments on-line, and the same will have to be true for a replacement site, he said.

“There’s a layer of the site that’s open to everyone, and [another] layer that’s members only,” she said, promising her and Wilder’s continued efforts to produce a site that will address the complaints that have been raised about the current site.

Wilder also said the team is working to revive the Cove Chronicles, a monthly print publication that hasn’t been publishing under the

Good results reported in food and beverage, golf ops

Indigo Golf food and beverage manager Phil Evans reported solid results in the departments he directly oversees, half way through the fiscal year.

Marina Club revenues have stayed up during covid because of curbside deliveries, with the Marina Club revenues $180,000 versus a $125,000 budget through February.

Labor and food costs are running a bit high relative to budget.

He said he is looking forward to bringing live entertainment back to the Marina Club this summer.

At the golf course, he said that 1800 rounds were played in the first quarter, with 1000 rounds in March alone.

He reported 350 rounds played in the first week of April.

In a recent post on the Cove Website, Phillips said that residents can choose to dine in at the Marina Club “at safely distanced tables if they want to, [although many residents] are still not going out to eat yet.”

That could change as covid restrictions continue to ease.

During the April 8 meeting, she fielded a question about home delivery, describing it as “a not very efficient” and cost-effective way of serving residents.

Depending on the night, drivers are often spending too much time waiting, resulting in too few tips to make the job worthwhile.

“That’s why we haven’t taken it on,” she said. u

36 Ocean Pines PROGRESS May 2021 Possibility of hybrid Zoom, in-person meetings

Phillips in another recent post said she and Wilder are working to develop a hybrid approach to encouraging participation of Cove members, using the Zoom platform in conjunction with in-person, socially-distanced meetings.

“While ideally people want to be in the environment of human contact,” she said, adding “Zoom meetings allow for anybody, anywhere to participate in an important matter such as a board meeting while allowing those who still have concerns to feel safe in their own environment.”

She went on to say that “even after restrictions are lifted, whenever that may be, Zoom meetings will continue in many instances because of this convenience.”

But she said that she and Wilder are “looking at options to try and bring both in person/ and Zoom meetings together for those who want to attend in person and those who don’t or cannot.”

If the two are successful in coming up with a hybrid solution, the scheduled May 8 general managers’ meeting could be both in-person and live via Zoom.

That would satisfy demand in the community that the board return to in-person meetings while accommodating non-residents who find it difficult to attend in-person meetings.

Phillips meets with Board of Supervisors

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May 2021 Ocean Pines PROGRESS 37

OPINION

COMMENTARY

Referendum an exercise of symbolism and optics

B

y now most Ocean Pines Association owners will have received ballots on the referendum on whether to reduce unilateral Board of Directors spending authority to a flat $1 million from the current $1.8 million, or 20 percent of annual collections from lot assessments.

If the referendum passes, the board would have to seek referendum approval of any capital expenditure in excess of $1 million.

There’s been some unnecessary drama over an insubstantiated claim in board promotional advertising that annual bulkhead spending will have to go to referendum if the spending threshold is lowered. Former OPA assistant treasurer and veteran Budget and Finance Advisory Committee member Gene Ringsdorf persuasively argued in an online post on oceanpinesforum. com and in a private missive to the board that bulkheads, most of which are privately owned, are not capitalized -- a fancy term for paid for -in the manner typical for Ocean Pines. Privately owned and common area bulkheads do not appear anywhere on the OPA’s asset lists and therefore are not depreciated over time.

The OPA’s replacement reserves are replenished every year by funding depreciation, or a percentage of the value of assets depending on life expectancy. The OPA’s bulkhead reserve is not capitalized in this manner, but rather directly from the waterfront differential paid by owners of waterfront property in Ocean Pines and $25 earmarked from the base lot assessment.

With all that as background, Ringsdorf declared that bulkhead replacement is non-referendable. The OPA is legally and morally obligated to repair and replace bulkheading as needed because or how replacement is capitalized, or more accurately, not capitalized in the manner of OPA-owned assets. OPA owners who don’t pay the waterfront differential have no business passing judgment on a funding mechanism that mostly affects owners of bulkheaded property.

Of the seven directors, it was Frank Daly who immediately recognized that the OPA’s public arguments regarding the need to bring annual bulkheading to referendum if the spending referendum passes was baseless and without merit.

Unfortunately, he didn’t seem to have any of his colleagues agree with him.

Or at least stand up and willing to be heard.

Instead, his colleagues hid behind a lawyer’s advice to avoid comment. Not exactly a profile in courage in the face of legal advice of dubious value.

All this baseless argument accomplished was to give OPA members an excuse or motivation to vote for a lower spending threshold. The board would have been better off if it had found better reasons to keep the current spending limit, with its built-in inflation adjustment.

Perhaps the most compelling argument for the status quo is that there is simply no project on the horizon in Ocean Pines that would fall into the $1 million to $1.8 million window.

With bulkheads non-referendable, and nothing imminent or planned in that range of cost, the board could have argued that lowering the spending threshold would be on the books but with little applicability to the real world.

Said differently, they could argue that there is no reaon to support a change in spending authority when any large capital project in the forseeable future would already be referendable because of a cost in excess of $1.8 million.

Golf course irrigation system replacement?

Cost of that would be in excess of $2 million, according to county officials, and it might be funded entirely by the county and paid for in quarterly EDU charges, bypassing the OPA’s direct involvement. Of course, Ocean Pines property owners, as ratepayers in the county-owned water and wastewater operation, would be picking up the tab either way.

Beach Club replacement? That’s probably still decades away, and when and if it happens in the lifetime of anyone alive today, it will be costing several million dollars, especially if a parking garage is part of the mix.

By that same reasoning, of course, lowering the spending threshold would not really infringe on the board’s ability to exercise its fiscal authority. There can’t be infringement when there’s nothing forseeable in the $1 million to $1.8 million range.

Said a little differently, OPA members can be forgiven if they simply conclude it doesn’t matter how they vote, or don’t vote at all, because the practical affect of a lower spending threshold is so ... negligible.

This referendum vote is all about virtue-signalling, optics and symbolism, seeming to put a brake on board spending that is more illusory than real.

Daly calls it fools-gold, but he goes too far when he said in his statement delivered at the April 21 board meeting that one provision of the current by-laws, 5.13.1 Paragraph (2), invalidates the previous one, Paragraph 1, by eliminating the spending threshold of 20 percent of annual collections from lot assessments.

Daly suggests that 5.13.1 Paragraph (2) “gives this, or any future Board, the power to bypass the limit established in Paragraph (1).

Paragraph 2 states: “If the Board is undertaking a planned replacement, renovation, or repair of existing facilities or the acquisition of new facilities or land that will be accomplished in phases, “single capital expenditure” refers to the current phase, provided the Association is under no contractual obligation to undertake successive phases.”

Daly said “this section does not limit the type of projects nor the total dollar amount of the projects that can be phased. As written it can be used for anything.”

He’s wrong when he says that paragraph 2 wipes out the threshold limit in paragraph 1. It doesn’t say that. A more reasonable application

of paragraph 2 is that any phased project is still subject to the cost threshold in paragraph 1.

That said, the referendum question reducing board spending authority was an after-thought.

The primary petition effort two years ago was to collect a sufficient number of signatures to put a hold on the pending golf clubhouse project until a referendum vote was conducted. That effort failed to gather enough valid signatures.

The spending threshold petition only passed because of a technical, arguably wrong, legal opinion reducing the number of eligible voters from the 8,452 on the books. The definition of eligible voter to include only those property owners with paid-up assessments reduced the number of valid petitions from 844 or ten percent of eligible voters [all 8452] to something close to or under 800, making it possible for this petition effort to succeed, but just barely.

The legal opinion allowing for the lower petition signature threshold was an unforced error, and avoidable, because for decades the common understanding of the term eligible voter was all 8,452 of us, regardless of whether assessments were paid.

The bare minimum of petition signatures gathered for this second referendum suggests that a large number of property owners believed the existing funding formula has worked OK in the past and no change in the formula is needed.

Soon enough we will find out if that’s majority sentiment in Ocean Pines.

Whatever the outcome, it’s not going to matter all that much either way. -- Tom Stauss

The Ocean Pines Progress, a journal of news and commentary, is published monthly throughout the year. It is circulated in Ocean Pines, Ocean City, Berlin and Captain’s Cove, Va. 127 Nottingham Lane Ocean Pines, MD. 21811 PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com ADVERTISING SALES Frank Bottone 410-430-3660 CONTRIBUTING WRITERS Rota Knott 443-880-3953 Susan Canfora 410-208-8721

38 Ocean Pines PROGRESS May 2021

OPINION

Punting short-term rental issue a clever move

O

cean Pines Director Frank Daly had a tiger by the tail in his advocacy of changing Architectural Review Committee regulations to deal with problematic short-term rentals.

How severe a problem it actually is is debatable. If you happen to be a neighbor of one the four identified problem properties, it’s severe enough. Four out of several hundred short-term rental problems is, relatively speaking, a modest problem at best for the community at-large.

Daly during a March board meeting deftly handled an avalanche of complaints by owners of rental property who contended the proposed regulations were, among other things, overkill -- repetitive of county regulations and equivalent to swatting a fly with a sledgehammer.

Another complaint, a legitimate one, is that it’s too late in the season to be changing the rules for short-term rentals, as many contracts are already in place.

The narrative for Daly and the board didn’t look all that promising after the March discussion. The natives were restless and making their viewpoints known, in some cases loudly. And they were lawyered up.

What to do?

Change the narrative, and that is exactly what Daly has done with the deft maneuver to present the proposed regulations as changes to the declaration of restrictions (DRs) in a section-by-section plebiscite of property owners.

This takes resolution of the issue out of the hands of seven directors

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

In a board known for its dysfunction and infighting, Daly declines to participate.

Good for him, and good for us he focuses on that which it is most important. and into the hands of 8452 owners of property in Ocean Pines.

If a majority of property owners in any section approves of the proposed changes, they will govern short-term rentals in those sections.

If a majority doesn’t sign off on them, the regulations don’t take effect.

There couldn’t be anything more democratic than that.

But it also means that if the OPA is lacking the number of affirmative votes in any given section, it can send multiple letters to property owners who don’t respond or vote either way on the revisions.

Daly and the short-term rental task force working on the issue also are proposing for sections platted before 1995 a new enforcement provisions: the possibility that fines will be imposed on repeat offenders or those who fail to cure their problem properties. Sections platted after 1995 have that provision in their DRs, although the OPA has never

invoked that authority.

Daly says he personally doesn’t favor the extension of the provisions on imposing fines to issues other than short-term rentals, and this, too, is an astute position to take.

A more aggressive proposed use of fines would arguably turn Ocean Pines into a regulatory police state, and would make property owners more likely to withwhold their approval of the section-by-section revision of the DRs as it pertains to short-term rentals.

By confining their possible use to short-term rental violations, the board would be signalling its emphasis on problem short-term rental properties and not other problem properties.

Initially, Daly said he was targeting the May regular month board meeting to unveil the proposed revision to the DRs, but lawyers have indicated they need more time for the drafting of changes.

Daly said it now looks like the re-

visions won’t be discussed and possibly approved by the board until its June regular meeting.

Better to get it right than get it quick.

Pushing off a decision until the June meeting will give the board time to conduct a Town Hall on the proposed changes, Daly said.

He signed off on cancelling the scheduled April 17 town hall on the ARC revisions, in part because they will be superseded by proposed DR revisions that have not yet been drafted.

He expressed some regret that the meeting was cancelled without input from the entire board, adding that Perrone made the decision himself knowing that there were four and possibly five directors on board with that decision.

Daly didn’t seem to want to pick a fight with Perrone over the Town Hall cancellation, despite some flak on social media critical of it.

Again, he seems to want to change the narrative, in this case his advocacy for a Town Hall once new draft language for the DRs is made public.

It’s how he chooses to use his time.

Working to achieve consensus on the need for a Town Hall at the appropriate time seems achievable and burns less energy.

Daly writes his own narrative, avoiding a descent into negativity.

In a board known for its dysfunction and infighting, Daly declines to participate. Good for him, and good for us he focuses on that which it is most important.

GUEST COMMENTARY

A

Vote Yes on referendum to control board spending

fter reading the OPA Board of Directors’ full page ad in local newspapers I am compelled to respond.

Contrary to what the Board stated in those ads the OPA By-Laws actually provide a flexible approach to handle repairs and replacements of facilities in phases if necessary.

Meaning, the ongoing care of our critical infrastructure like our roadways and our bulkheads can continue without the annual referendums the Board claims would be required.

The accuracy of the information the Board provided in those ads should

concern all members and the Board’s true motives questioned.

For example, on the subject of bulkheads, very important information is missing from the Board’s ad. Approximately 80 percent of the bulkheads are owned by the waterfront property owners. Therefore, those bulkheads are NOT an OPA asset and maintaining them is not considered an OPA capital expenditure (CapEx) on its financial statements. So if they are not considered a OPA CapEx the referendum is NOT required, which is contrary to what the Board claims.

As many of you know, two years ago over 800 members signed my petition that recommended lowering board spending authority to a fixed $1 million for any Single CapEx. When the OPA rejected our petition we had to spend thousands of dollars in legal fees to protect our petition and to defend members’ rights. The Court ruled in our favor and ordered that OPA advance our petition question for a referendum vote.

As a result of our efforts, the entire membership has the opportunity to vote on this proposed spending limit change. Keep in mind that

currently any four Board members can spend up to about $1.8 million of our precious money on any single CapEx without membership approval. Do you want to give four directors this kind of spending power?

I am asking all our OPA members to please take the time to vote. And please vote “YES” on the proposed change to lower the Board’s spending authority to $1 mllion for any single Capital Expenditure (CapEx).

For further information please email me at: strendic@yahoo.com Slobodan Trendic The Petitioner, Ocean Pines

May 2021 Ocean Pines PROGRESS 39

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40 Ocean Pines PROGRESS May 2021