Ocean Pines Progress November 2020 by Ocean Pines Progress

Trendic prevails in referendum lawsuit A ecision by Worcester County Circuit Court Judge Beau Oglesby issued Oct. 21 delivered a solid victory for former Ocean Pines Association Director Slobodan Trendic and his effort to force a reluctant Board of Directors to conduct a community referendum on board capital spendng authority. The decision, subsequently stayed for 60 days until Jan. 1 to give the lawyers time to work out details of a settlement, including the possibility of fees for Trendic’s Ocean City attorney, implicitly rejected the OPA’s legal defenses while granting Trendic’s motion for declaratory relief. ~ Page 3

OPA closing in on trash collection, auditing contracts General Manager John Viola on Nov. 18 reported that the OPA is getting close in finalizing a new trash collection contract, having received two bids. He provided no details on the competing proposals. Later he confirmed that Republic Services, the current vendor, is one of the companies vieing for the contract. Viola said that three bids have been received for auditing services. One of the three bidders is SC&H, the current auditing firm. ~ Page 10

Jordan hires lawyer in dispute over severance Andre Jordan, a former 35year OPA employee whose most recent role was golf course superintendent, says he has hired a lawyer in his dispute over severance pay. ~ Page 6

November 2020

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Janasek survives removal vote, accepts censure instead; Viola denies threatening to quit Two-week complaint process ends with fist bump and apology By TOM STAUSS Publisher hat could have been an ugly spectacle of competing charges and counter charges aired out in public instead ended with a very public and evidently sincere apology by Director Tom Janasek to General Manager John Viola, following a unanimous vote by the Board of Directors at a public hearing Nov. 20 to censure Janasek for John Viola a series of negative comments he made about Viola’s continued tenure as general manager. These comments occurred over a period of 15 months, with the last incident occurring earlier this month. The censure motion was made by Director Frank Daly as a less draconian response to Janasek’s admitted transgression that all directors believed were serious enough to warrant board action short of overturning the wishes of those who voted for Janasek in board election last year by a wide margin. The censure vote followed a failed 4-3 vote to remove Janasek from the board on a motion by Colette

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Horn, the Ocean Pines Association’s vice-president. Voting to oust Janasek were Horn, OPA President Larry Perrone, and newly appointed Director Frank Brown, who had been recruited by Horn and Perrone to fill the vacancy created by the recent resignation of Steve Tuttle. Tuttle without much doubt would have voted to retain Janasek. Tuttle was a Janasek Tom Janasek ally who often clashed with Perrone and competed against him for the OPA presidency this past August. Voting against the removal were Daly and Directors Camilla Rogers, Doug Parks and Janasek. It takes a supermajority of five directors to remove one of their colleagues from the board, a difficult hurdle. It’s never happened in the OPA’s 50-plus year history. With Parks thought to be unlikely to abandon Janasek in a removal vote, Horn and Perrone would have needed both Daly and Rogers to opt for censure. In the end, they were unable to persuade either that ouster was an appropriate response. To Page 6

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Trendic prevails in lawsuit to force OPA to conduct referendum on board capital spending

containing, at a minimum, a copy of the proposal in the petition, a brief explanation of the proposal written by the petitioners, and a statement of position by the Board of Directors shall be included Slobodan Trendic with the ballot.” OPA President Larry Perrone in a recent interview offered no insight on whether the board would authorize scheduling a referendum, confirming the 60-day stay and adding that the board would be prepared to disclose further action by the new Jan. 1 deadline. Director Frank Daly recently told the Progress that as one board member he supports doing “what the court has ordered.” When the case first filed in November of 2019, Daly took the position that the OPA by-laws, properly interpreted, establishes a threshold of 845 signatures, based on language stipulating a requirement 10 percent of eligible voters needed for a valid To Page 5

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decision by Worcester County Circuit Court Judge Beau Oglesby issued Oct. 21 delivered a solid victory for former Ocean Pines Association Director Slobodan Trendic and his effort to force a reluctant Board of Directors to conduct a community referendum on board capital spendng authority. Trendic had submitted a peition to the board in August 2019 at the annual meeting of the association seeking a referendum reducing board capital spending to $1 million, down from the current $1.8 million or 20 percent of annual OPA revenues collected from lot assessments. The decision, subsequently stayed for 60 days until Jan. 1 to give the

lawyers time to work out details of a settlement, including the possibility of fees for Trendic’s Ocean City attorney, implicitly rejected the OPA’s legal defenses while granting Trendic’s motion for declaratory relief. The judge ordered the OPA to carry out its duties under Sections 4.07 and 4.08 of the OPA by-laws and said he would “reserve” judgment on Trendic’s request for reasonable attorney’s fees. Section 4.08 (b) requires the board to conduct a public hearing on a valid petition within 60 days of a valid petition’s submission. That public hearing never occurred, because then OPA secertary Colette Horn, on the basis of a published opinion by OPA Attorney Jeremy Tucker, de-

cided that the petition had not been worded properly and was therefore invalid. The judge’s order implicitly rejected the notion that the petition had been improperly worded. Once the 60-day stay expires on Jan. 1 and absent any additional action causing a delay, the OPA apparently would be required to schedule a public hearing on the issue no later than March 1, and perhaps even sooner. Within 15 days of the scheduled hearing date, the OPA is required to send out a notice of the hearing to OPA members. According to the by-laws, “referendum ballots shall be distributed to all members eligible to vote not later than thirty (30) days following the hearing [and] Information

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Referendum From Page 3

petition. In his opinion offered in defense of rejecting Trendic’s petition, Tucker said that the term eligible voters is the number of members who qualify as voters by virtue of having paid their lot assessments, which is always less than 8,452 lot owners in Ocean Pines. His threshold number at the time was less than 800 voters, and Trendic and his team of petitioners collected 810. Somewhat ironically, had Daly’s interpretation of the bylaws prevailed over Tucker’s, the case would have shaped up differently pr perhaps would not have been filed. Daly said he does not support revisiting the threshold issue at this stage in the proceedings. Trendic told the Progress that he’s not certain why the OPA sought a 60-day extention or stay in the case, but is OK with it, as he was with previous extentions in the case sought by the OPA’s lawyers, a Washington, D.C., based firm hired

4.08 (b) If action appropriate for submission to the members on a referendum is initiated by a valid petition, the petition must contain a specific question, proposal, or action suitable for an affirmative or negative response on a ballot. The Board of Directors shall hold a public hearing on the proposal within sixty (60) days after a valid petition is filed. Notice of the hearing and a copy of the proposal in the petition shall be provided to the members at least fifteen (15) days prior to the hearing by mail or in a publication distributed by the Association to the members. Referendum ballots shall be distributed to all members eligible to vote not later than thirty (30) days following the hearing Information containing, at a minimum, a copy of the proposal in the petition, a brief explanation of the proposal written by the petitioners, and a statement of position by the Board of Directors shall be included with the ballot. OPA by-laws

by the OPA’s insurance company. He’s hopeful the opposing attorneys will use the 60 days to work out an equitable settlement on attorney’s fees, which he said would then enable him to refund donations by OPA members who contributed to legal bills submitted by his attorney, Bruce Bright of Ocean City. Trendic said he would also give donors to the cause an opportunity to use their contributions to jumpstart funding for START, an advocacy group founded by Trendic after he resigned from the board in May of 2019. He said at the time he thought he could be more effective heading

up an outside group than he could as a director, where he frequently clashed with then OPA President Doug Parks. Judge Oglesby’s ruling implicitly rejected the OPA attorney’s legal arguments in the case. Attorneys Jennifer S. Jackman and David M. Hornstein of the Washington, D.C. based Whiteford, Taylor, and Preston law firm argued in court filings that members of the Board of Directors named as defendants in the Trendic lawsuit relied in good faith on legal advice by Tucker when rejecting the petition Trendic submitted to force a referendum on board spending authority.

The attorney’s also said that the OPA and individual directors are protected from court review of their business decisions by Maryland’s business judgment rule. “The undisputed facts show that the OPA Board acted on an informed basis, in good faith, and in the honest belief that action was taken in the best interests of the association when it solicited and relied on advice of counsel in making its decision to reject Plaintiff’s petition,” the attorneys said. According to Progress research, the business judgment rule says that a court will generally not grant judicial review “unless the plaintiff makes a showing that the acts at issue were not authorized by the corporate charter, were fraudulent or illegal.” In ruling as he did the court in effect determined that the board’s actions in rejecting the petition were not covered by the good faith reliance and business judgment rule. Judge Oglesby’s decision was a one-pager that did not delve into the dueling legal arguments offered by the opposing attorneys.

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Andre Jordan hires attorney in severance pay dispute Former golf superinendent says OPA has not been in touch to resolve outstanding issues By TOM STAUSS Publisher ny hope that the Ocean Pines Association would find a way to compensate Andre Jordan, a 35-year employee who recently said he was fired by the Ocean Pines Association because of a serious if not terminal rare disease, seems to be fading. Last month, in an exclusive interview with the Progress, Jordan said he had requested but had been denied a severance package that he should have earned as a department head. “I did not resign,” an emotional Jordan told the Progress in that exclusive interview. “I was put on medical leave in June, went on [temporary] disability, and haven’t worked since.” He said he was diagnosed with an extremely rare condition that attacks muscles, making it impossible

for him to work. Jordan said he had spoken with OPA General Manager John Viola who seemed sympathetic to his plight. But he’s not heard from Viola since the interview was published, and that makes him think that someone within the OPA who outranks Viola is blocking Viola from working out an acceptable severance package. Jordan said that he’s hired an attorney who he believes can help arrive at a fair settlement with the OPA consistent with his understanding of the OPA employee handbook. He said that the OPA advised him in a letter early last month that he was being let go because of his medical condition. “I was fired,” he said. “I didn’t resign or retire,” adding that he lost his OPA health insurance in September. He’s trying to

upgrade his temporary disability to permanent disability, so that he has help with medical bills, many of which he has not yet received. “They didn’t give me my vacation pay or any kind of severance,” he said of the OPA. “I asked for a separation package, something that I believe I deserved after 35 years on the job, but they just ignored it. They’re treating me like I never existed. I’ve given my all for Ocean Pines, and I got a stab in the back as thanks.” Jordan said the OPA employee handbook says a full-time employee or department head is entitled to one week of salary for every year of OPA employment in severance. “I don’t understand why they’re doing this,” he said, adding that he’s been told by friends within the organization that some within the OPA -- he didn’t name names -- are blaming Jordan for course conditions

that deteriorated over the summer. “I wasn’t even working during the summer,” he said, “but a lot of members didn’t know I was on medical leave. No one told anyone that I wasn’t there anymore, so I got blamed.” According to Jordan, anyone in Ocean Pines management who says “I quit is lying. They forced me out, and I feel they used me. It’s not right” to deny him the severance package he say’s he’s owed. Jordan concedes he’s been battling health issues for the last three years or so, including a hip replacement that he now knows was related to his muscle-related disease. The course was always “in great condition” before he went out on medical leave, Jordan said, and he always got “it back in good shape” once he returned on the job. “I’ve worked 60, 80 hours a week, gave my life to that golf course.” OPA General Manager John Viola continues to decline comment on any issues related to Jordan’s departure from Ocean Pines. The Progress reached out to OPA President Larry Perrone, who also declined comment because he said it was a personnel matter involving a former employee.

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ome Ocean Pines Association members find themselves serving on the Board of Directors the old-fashioned way: They run for the board during the annual summer elections and accomulate more votes than their competitors. Others become directors without the fuss and time expenditure of running a campaign: They are appointed by other directors when the inevitable board vacacny occurs. Some have done it both ways. Current director Doug Parks originally ran for the board and lost in 2016, but he was plucked from the ranks of also-rans when a vacancy occurred later that year. He ran again in 2017 and won, and ran again this past summer for another three-year term. Frank Brown, appointed last month by the board to fill the vacancy following the resignation of Steve Tuttle, whose term was scheduled to end in August of next year. Brown, who has said he will consider running for the board next summer, will fill the remainder of Tuttle’s term. He’s never run for the board before, unlike several other OPA members, Stuart Lakernick and Paula Gray, who were among those considered for the replacement. Tuttle’s last recommendation to the board before his departure was that the appopintment should be filled by a previous candidate, someone with demonstrated support among OPA members. The board thought differently and instead appointed someone who had worked behind the scenes on a task force that oversaw the construction of a new golf clubhouse. Brown is a builder by profession and a member of the Ocean Pines golf club.

Viola vs. Janasek From Page 1 Horn defended her motion as a way to send a message to OPA employees that a hostile work environment is at odds with working together as a team to achieve common objectives. At one point she even declared that her ouster motion was not intended to punish Janasek but to demonstrate the seriousness of the issue to employees and the community at large. A side issue in the controversy emerged when a commentary on oceanpinesforum.com seemed to suggest that Viola had threatened to quit if the board did not vote to remove Janasek. When given an opportunity to speak, Viola vehemently denied making a threat to quit, even suggesting that he was amazed that his complaint against Janasek filed earlier this month had made it to a public forum. A public airing of a complaint such as the one made by Viola is permitted but not mandated under Section B-08 of the OPA bylaws. That suggests that Horn as the

author of the ouster motion wanted a public airing of the matter more than Viola did, if indeed Viola even wanted or expected one. At the Nov. 18 meeting of the board of directors, the possibility of a B-08 public hearing was mentioned, a reference to the section of the OPA by-laws dealing with how complaints about directors are to be handled. By the following day, the B-08 public hearing was definitely on after another two-hour meeting of the directors. Viola was not in attendance at either meeting During the Nov. 20 hearing, the general manager decided not to air details of his specific grievances against Janasek when the director exhibited contrition and apologized. Janasek later said that if there was any recurrence of the offending behavior, he would immediately resign from the board. The censure motion included a provision that a recurrence would almost certainly result in another board vote to remove him, this one guaranteed to succeed. Viola instead offered to meet To Page 8

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Viola vs. Janasek From Page 6 Janasek half-way on the floor of the socially distanced setting of the Community Center’s Assateague Room for a handshake, amending it to a fist bump instead. Janasek and Viola met for the fist bump, generating a quiet ovation among the assembled property owners in the audience, four of whom took to the microphone during Public Comments to voice support for Janasek and to berate the board for considering the removal of a duly elected member. The directors had met for about four hours in closed session following the Nov. 18 regular meeting of the board, to discuss Viola’s annual performance review and his complaint against Janasek. In recapping the board’s actions, Perrone said the directors met for about two hours in a continuation of their Wednesday meeting on the following day to resolve the issue of whether a B-08 hearing was called for. Evidently the feeling was that it was, with both ouster and censure

on the table as possible outcomes, according to Daly in a text to the Progress. “I wouldn’t characterize the censure [motion] as prearranged, in that the number of ‘undecided’ votes could have moved things either way,” Daly said, without naming Rogers and himself and perhaps Brown as the swing votes who might have voted for removal. “But it [censure} was presented as one of the alternatives under B-08 and seemed like a reasonable alternative to me.” Perrone set up Horn’s motion for removal by recapping actions he took as president after Viola filed the complaint against Janasek, with both Horn and Parks brought in as well in the early stages. He said “we contacted” the OPA attorney, Jeremy Tucker, to see what “needed to be done” to conform to rules governing complaints, and that he instructed Tucker to conduct an investigation and submit a report to the board on his findings. Horn then presented her removal motion and the background in support of it. She said that over a period of time Janasek had undermined Vio-

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la’s ability to perform his duties as general manager by making disparaging public comments, details of which emerged when Perrone then read from the complaint. Perrone said that in early November, while Viola was in a meeting with Director of Golf John Malinowski at the golf clubhouse, Janasek told Viola that “you’re fired, I’ll have you fired.” The incident was witnessed both by Parks and a Matt Ortt Companies employee, Perrone said, adding that similar incidents occurred over a period of 15 months. Complaints were made to Parks during his time serving as OPA president, according to Perrone, who cited “harrassing comments” and “continued efforts to humiliate Viola in front of other employees and directors, clearly undermining his ability to effectively manage the association.” Tucker then offered an opportunity to Janasek to respond to these charges. Janasek paused briefly to reflect, but then said “I call the question,” indicating he had no intention of offering a defense or calling anyone to speak on his behalf. Viola then jumped in to respond to allegations in an oceanpinesforum commentary that he had threatened to quit if the board didn’t vote to remove Viola. He said he never even considered the possibility that as an employee of the OPA that he would be in a position “to have a boss removed.” “All I’ve done is to bring up situations [that he considered inappropriate]. I never demanded that anyone be removed. It amazes me that it [removal] was even brought up,” he said. Viola then cited another incident, this time at the Yacht Club, on the occasion of a birthday party. Because of that, he said, he doesn’t go to the Yacht Club for drinks and meals like he once did. He conceded that he does spend time at the new golf clubhouse, mostly for business meetings. His frequent presence at the golf clubhouse drew some criticism during Public Comments from former director Esther Diller, who said it represents “bad optics” and sends the wrong message to OPA employees. Diller commended Viola for much good work during his tenure. She was there in defense of Janasek, before details of Viola’s complaints were made public. It’s

likely she would have spoken up against removal even if she had been aware of the extent of Janasek’s transgressions. In her remarks, which seemed to capture the views of those who spoke on Janasek’s behalf, she said “because of personal allies and friendships on the board, certain directors were trying to remove Janasek. “This is not representing the association,” she said, advising her former colleagues not to do what at the time seemed like a possible outcome. She also suggested it was nit “professional” for the GM to threaten to quit if Janasek was not removed, a claim that Viola vehemently denied. Parks said he very much appreciated Viola’s comments, after which there was a quick vote on Horn’s motion to remove. When that failed, Daly offered his motion to censure, repeating the same transgressions listed in Horn’s motion. Janasek was more verbal in response to Daly’s motion, apologizing and indicating that, if any similar incidents occur in the future, it won’t require action by the board to remove him. “I will resign,” he said. He went on to say that he sent a note to Viola “personally apologizing to John,” admitting that what he had done was “unprofessional” and will never happen again. He also cited numerous accomplishments that have occurred under Viola’s leadership and generally complimented him on the way the OPA has been run under his tenure. He said Viola has assembled a great team of managers. Moving forward, he said he thought the board could continue to work together to better Ocean Pines. That’s when Viola suggested a handshake and fist bump on neutral territory. Other directors weighed in on the censure motion. Camilla Rogers, attending the meeting remotely after hip replacement surgery, commended Janasek for his contrition and said she would watch closely to make sure he would keep his commitment. Daly and Perrone offered additional comments in support of censure and the vote occurred shortly after. It wasn’t even close. In email to the Progress, Daly concluded there really was “no dispute of the facts, only a question of how severe the remedy of the complaint would be.”

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OPA closing in on new trash collection, auditing contracts Viola cites challenges in NorthStar implementation

By TOM STAUSS Publisher eneral Manager John Viola on Nov. 18 reported that the OPA is getting close in finalizing a new trash collection contract, having received two bids. He provided no details on the competing proposals. Later he confirmed that Republic Services, the current vendor, is one of the companies vieing for the contract. Viola said that three bids have been received for auditing services. One of the three bidders is SC&H, the current auditing firm. The basic service provided is to audit OPA financial for the year and preparation of an annual audit report prior to the annual meeting of the OPA in August. Regarding the protracted effort to intergrate the NorthStar software throughout Ocean Pines, he said that current expenses of $448,000 exceed budget by $48,000. He attributed the cost over-run mostly to the need to hire a consultant to assist in the rollout, which he said requires a lot of customization. “All the increase to the budget

happened with the outside consultant,” he said. “Any system we put in would need a high degree of customization. We are certainly seeing that, and that obviously affects it.” He said there was about six months to a year of additional work to do, and that it is crucial for frontend users, departments, and amenities to embrace Northstar. “I just need all the other amenities and everybody to embrace this system in order for it to be successful,” he said. “It will take more time … [and] that’s not uncommon, as far as I’m concerned, with a system like this.” The roll-out has taken much longer than anticipated at the beginning of the process. Viola commended most the departments for embracing the NorthStar software, but he seemed to suggest that there has been some resistance. The Matt Ortt Companies are known to prefer its own software, used in other restaurants the company manages in the area. Also during the Nov. 18 meeting, Viola delivered further good financial news for the current fiscal year,

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as well as an update on efforts to draft a budget for the next fiscal period. Year to date as of September, Viola said the Association is ahead of budget by $1.133 million, with both revenues ($222,000) and expenses ($911,000) favorable to budget. A $1.143 million federal Paycheck Protection Program [PPP] loan heavily contributed to the positive financial numbers, Viola said. “If you would look at it, everything else nets out,” he said. He also credited well-managed expenses, which led to positive yearto-date numbers in Public works ($316,600), Marinas ($49,200), Finance ($43,700), Public Relations ($36,700), Police ($31,100), the Clubhouse Grille ($27,700) and the General Manager’s Office ($5,400). Hardest hit by the pandemic were Aquatics (-$211,500), Beach Parking (-$188,500) and Recreation and Parks (-$39,200). “Aquatics, obviously with the 50% [capacity] and all the restrictions they had, they did the best they can,” Viola said. “Beach Parking … that’s just a part of the covid. Otherwise, that one we always make money on.” In fact, the OPA made a tidy profit on beach parking, just less than what had been budgeted. Viola provided an estimate on October financial numbers. For the month, he projected a $130,000 positive variance to budget, including revenues favorable by $20,000 and

OCEAN PINES expenses favorable by $110,000. “It’s after October where we usually have a drain on cash and a drain on our expenses, so this [month] was actually pretty good – better than I was expecting,” Viola said. Departments posting positive budget variances for the month included Public Works and Maintenance ($80,000), Recreation and Parks ($31,000), Golf ($17,000) and the Clubhouse Grille ($15,000). “That’s money we’re going to need going forward,” he said. “We’ve put off a lot of items, but we are looking at that and certainly looking at ways to save money.” On the proposed fiscal 2021-2022 budget, Viola said every department head will be involved in their budget and use a “bottoms up approach,” based on guidance from the Budget and Finance Committee. The committee will get a draft of the budget on Dec. 18 and is scheduled to review the draft on Jan. 6-8. Board budget work sessions are set for Jan. 19-20, and Viola will publish the recommended budget on Jan. 29. An initial board hearing is scheduled on Feb. 6, followed by a final hearing and formal budget adoption on Feb. 20. “I can tell you the team is fully engaged [and] on track – if anything ahead of last year,” Viola said. Viola said the Northstar software implementation is still ongoing, currently over budget by about $48,000. The original budget was $400,000 and Viola attributed the overage to outside consulting fees. “All the increase to the budget happened with the outside consultant,” he said. “Any system we put in would need a high degree of custom-

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Sports Core pool addition may be delayed again Committee recommends no funding in next year’s budget By TOM STAUSS Publisher hree new capital projects have emerged internally within the Ocean Pines Association staff and could be competing for dollars in next year’s capital budget, either as new or replacement projects. Another capital project that’s been around for years with no timeline for approval and construction, the Sports Core pool training-party room addition, may not be in the running for additional funding in the draft 2021-22 capital budget to be presented next month by General Manager John Viola. All of the newer projects received lukewarm to favorable reactions from members of the Budget and Finance Advisory Committee at its Oct. 28 monthly meeting. Department heads presented details about proposed coverings over and repairs to mailbox cluster boxes, gates that would regulate access to the Mumford’s Landing and White Horse Park boat ramps, and a replacement crabbing pier at two possible locations, one at the foot of the Grand Canal between the two Wood Duck Isle sections and the other at the Swim and Racquet Club com-

plex. The concept of a crabbing pier has expanded beyond just a crabbing pier to include fishing and kayak-launching. As these were first-look presentations to the committee, it’s not clear whether they will be proposed for funding in next year’s budget. None of them will be among the top three capital projects to be recommended by John Viola, but that doesn’t necessarily mean they won’t make the final draft of his proposed capital budget for next year. Viola’s top three projects for next year are Bainbridge Park drainage improvements, new pickleball and tennis courts and fencing at the Manklin Meadows racquet complex, and new daily-use “t-dock” boat slips at the Yacht Club. As for the long-delayed Sports Core pool room addition, Viola said he had been planning to provide $25,000 to $50,000 in the 202122 budget as a second down-payment on its eventual construction. The board earlier this year funded $100,000 in the newly established New Capital Reserve for the room addition. Viola told the Progress in a Nov. 15 telephone interview that the

B&F committee, after seeming to agree to some additional New Capital Reserve funding for the Sports Core pool addition during discussions at the Oct. 28 meeting, had since backed off. The panel is now recommending no additional funding for the Sports Core room addition next year, Viola said. Two OPA department heads, Amenities and Logistical Planning Director Colby Phillips and Public Works Director Eddie Wells, gave the committee some new details about the Sports Core pool room addition. Perhaps the most salient new details was the revised cost, estimated at $209,000 turn-key, by the builder of the original pool enclosure, Structures Unlimited, according to Phillips. Viola told the committee at that point in the meeting that he still believes in the project but that there were several projects ahead of it in his mind, later telling the committee of his $25,000 to $50,000 funding recommendation, which would leave the project short of what would be needed to fully fund it next year. Phillips said that once built the

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room addition could generate from $6,000 to $8,000 in additional Aquatics revenues from various programs including expanded lifeguard training, the junior lifeguard program, other classes, andpool parties. The room would have separate heating and cooling and a unisex bathroom, according to Phillips. Wells said he thought the $209,000 estimated cost was on the high side, adding this his department “could do some things” to reduce the outlay to a company like Structures Unlimited. Viola said that if the committee felt strongly about it, “we could take it to the next level” and provide more funding than the $25,000 to $50,000 he had been contemplating. It turns out that the committee not only isn’t interested in taking it to the next level, but recommends holding off additional new capital funding for this project next year. The committee also is recommending that the $100,000 already set aside for the room be repurposed for other new capital projects. In an email to the Progress, committee chairman Dick Keiling said that “the room addition was estimated at cost of $209K of new capital for a stand-alone building connected with a breezeway to the exist-

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Contracts From Page 10 ization. We are certainly seeing that, and that obviously affects it.” He said there was about six months to a year of additional work to do, and that it is crucial for frontend users, departments, and amenities to embrace Northstar. “I just need all the other amenities and everybody to embrace this system in order for it to be successful,” he said. “It will take more time … [and] that’s not uncommon, as far as I’m concerned, with a system like this.” Viola also took a moment to highlight recent improvements at the Racquet Sports amenity, including concrete replacement, new lighting, repaired and replaced bathroom fixtures, and repaired fence and wind screens for platform tennis courts. A dedicated employee from Public Works is also assisting at the racquet sports center, Viola said, without naming that individual. “We’ve done a lot of work … [and] there is a lot of good stuff going on there,” Viola said.

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Sports Core pool

Yacht Club capacity reduced by Hogan to 50 percent

From Page 12

ing building. It was noted that the quote had various exclusions such as architectural fees, finish paint, fire system installation, and CATV wiring/connections and other items. Given the exclusions, estimated initial cost, and unidentified future maintenance and operating cost of this building, the true cost is higher than $209K,â&#x20AC;? Keiling said. â&#x20AC;&#x153;Although not ideal, OPA does currently have work arounds for using existing space for training and programs. â&#x20AC;&#x153;In addition, the incremental annual revenue of potentially $6K to $8K from parties does not meaningfully justify the investment by itself. Given the number of higher priority new capital proposals being considered for the upcoming budget year B&F recommends not proceeding with the Sports Core project at this time. â&#x20AC;&#x153;Likewise, B&F believes it would make sense to repurpose existing new capital funds set aside for the Sports Core Pool to other projects,â&#x20AC;? Keiling said.

By TOM STAUSS Publisher he latest covid-19 directive from Gov. Larry Hogan reducing capacity at indoor restaurants from 75 to 50 percent will adversely affect operations at the Ocean Pines Yacht Club, Matt Ortt Companies founding partner RalphDeAngelus said recently. The directive, effective Nov. 11, means thereâ&#x20AC;&#x2122;s a capacity limit of 125 in the downstairs bar and restaurant area and 125 in the upstairs banquet room, he said. The governor also called for a limit of 25 people in gatherings of friends and family, but that was issued more as an advisory than a directive. There continues to be a mask mandate in the state in public places, with mask removal allowed during consumption of food and drink. In contrast, the directive wonâ&#x20AC;&#x2122;t adversely affect operations at the Clubhouse Bar and Grille because business has tapered off with the return of cooler weather. DeAngelus seemed resigned to the latest directive. â&#x20AC;&#x153;It is what it is. I just deal with it,â&#x20AC;? he said.

DeAngelus said he has no idea how long the 50 percent capacity will remain in place and has learned to distrust the Ocean City restaurant rumor mill. â&#x20AC;&#x153;The rumors are always wrong,â&#x20AC;? he said. In response to the directive, he said the Yacht Club would be promoting more carry-out meals, but indoor dining will still be accommodated. Plans are to stay open through New Yearâ&#x20AC;&#x2122;s Eve, closing in January and perhaps not reopening until Presidentâ&#x20AC;&#x2122;s Day weekend in February. That at least is the plan at the Clubhouse grille and perhaps the Yacht Club. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;ll be doing carry-out and indoor dining every day at the Yacht Club weâ&#x20AC;&#x2122;re open and will resume regular deliveries in a couple of months,â&#x20AC;? he said. Because Thanksgiving at the Yacht Club has traditionally been a buffet, DeAngelus said, and buffets arenâ&#x20AC;&#x2122;t practical in the covid-19 era, a decision has been made to go with $50 carry-out turkey dinners to accommodate four people. â&#x20AC;&#x153;If there are eight people, you can order two family Thanksgiving meals,â&#x20AC;? he said. There also will be a delivery option for Thanksgiving, he said.

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Parks, Rogers to lead by-laws review workgroup Governing document last updated in 2008

By ROTA L. KNOTT Contributing Writer ecognizing that the governing document is more than a decade old and many provisions are out of date, the Board of Directors agreed during a Nov. 18 meeting to form a work group that will begin updating the Ocean Pines Association’s by-laws. Directors Camilla Roger and Doug Park, respectively current and past liaisons to the Bylaws and Resolutions Advisory Committee, and committee Chairman Jim Trummel will lead the effort. Last updated in 2008, the by-laws provide the framework establishing the procedures and responsibilities to exercise the powers and functions of the OPA granted by the laws of the State of Maryland and the Declarations of Restrictions of various

sections of Ocean Pines. The Bylaws and Resolutions Advisory Committee included in its recent annual report the recommendation that the Board of Directors consider directing a review of the by-laws with consideration for revisions. In Rogers’ absence, Director Colette Horn presented the recommendation to form a work group to review the by-laws. She said a by-laws update was also recommended by the OPA’s executive council, which is comprised of the chairs of the various OPA standing committees and meets regularly with board officers. Horn said it has been more than 12 years since the current bylaws were approved at the 2008 August annual meeting of the OPA’s membership. “Areas that the committee suggest bear review and potential revi-

sion include various issues related to the election process, the requirement that a Search Committee be appointed, the meaning of ‘in good standing’ as it applies to member qualifications for various actions, and the meaning and processes related to ‘informal action’ by the Board,” she said. The OPA’s legal counsel has over the past several years also suggested a need to review the bylaws with consideration for revision of sections that require it. The term “eligible voter” played a role in the Trendic lawsuit designed to trigger a referendum on board capital spending authority. This past summer, the Search Committee failed to come up with the required number of candidates to run for the board, in technical violation of the by-laws

Horn recommended the board form a small work group to provide leadership for the effort that includes Rogers, Parks, who previously chaired the By-laws and Resolutions Advisory Committee in addition to serving as a Board liaison, Trummel, and other committee members. Parks said he “would relish the idea. We had this kinda of as a peripheral discussion for the past couple of years,” he said. He said it is an opportune time for a review of the bylaws and he looking for to working with the group to identify needed updates. “We’ve run into over the past couple of years instances where there needed to be a clarification of the language both in the bylaws and in some cases some of the resolutions. So, I think now is probably a very good time to do so. I think we’ve got some momentum on that certainly I’m looking forward to serving on that serving on that and would certainly welcome the opportunity to do so,” Parks said. OPA President Larry Perrone supported creation of the by-laws To Page 18

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with that respective community. “This language was developed by staff as a result of several meetings with the Ocean Pines committee to fit their needs, while also attempting to ensure it does not open the door to commercial messages in a residential district,” said Jennifer Keener, deputy director of development review and permitting. The zoning code amendment would not be limited to Ocean Pines, but would be applicable to any established community or subdivision. Under the proposal internal community signs must be located within the boundaries of an established community as shown on a site plan or subdivision plat approved by the Planning Commission. All signs would be setback a minimum of 450 feet from the perimeter boundary line of the established community and separated by not less than 100 feet from any other sign on the same parcel or lot. The proposed perimeter setback of 450 feet will ensure that these messages are truly internal to the community, and not meant for general advertising of community events outside of the development. The text amendment does not prohibit electron-

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The Ocean Pines Association razed the old craft building in the White Horse Park parking lot earlier this month, but has not yet gotten around to repaving and restriping the area where the building once sat. Ocean Pines Association General Manager John Viola said the Parks and Recreation Department is negotating with vendors to obtain the best price for the paving and restriping, which is designed to create additional parking spaces.

November 2020 Ocean Pines PROGRESS

OCEAN PINES BRIEFS days in North and South Ocean Pines. The department will only pick up leaves placed in paper bags that residents place curbside. Thirty-gallon paper bags are available at Public Works in bundles of five for $10. Republic Services will pick up paper and plastic bags on scheduled pick-up days, limit four bags of leaves per scheduled pick up. Republic Services will also accept branches tied in bundles no longer than four feet. Additionally, Ocean Pines resi-

dents may bring leaves and yard debris in bulk or paper bags to the Public Works yard at 1 Firehouse Lane, near the south Fire Department. The yard will be open Nov. 28 through Dec. 31, Monday through Friday from 7:30 a.m. until 3 p.m., and Saturdays from 8 a.m. to 4 p.m. There will be no collection or drop off on Thursday, Nov. 26 or Friday, Nov. 27 because of the Thanksgiving holiday. The yard also will be closed for drop off on Thursday, Dec.

Fall leaf collection to begin Nov. 23

24, Friday, Dec. 25 and Saturday, Dec. 26 because of the Christmas holiday. Public Works will also vacuum leaves. Residents should refrain from blowing leaves directly into the ditches, as this can lead to clogging of pipes as well as difficulty in water flow.

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The Ocean Pines Association has announced leaf collection procedures for residents this fall. Public Works will collect leaves and other yard debris from Nov. 23 through Dec. 18, on opposite days from Republic Services collection

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Code change From Page 18 ic messaging signs; however, such signs would have to comply with the county’s existing regulations relative to message duration, transition, and illumination levels. No more than four such signs would be permitted for any community. The signs will be permitted in any residential, estate, or village zoning district in the county. The signs will not be subject to any yard setback requirements, but they can’t project over any property line or road rightofway. The sign must be of a monument design and cannot exceed either 40 square feet in area or 10 feet in height, including the base and face of the sign. Where the grade at the sign base is below the road center line, the area in which the sign is situated may be bermed to the center line grade. None of the proposed new provisions of the subsection of the zoning code will be subject to increase or other altered approvals by the county’s Board of Zoning Appeals. Given the significant setback requirements and limitation on the type of messaging, the county’s planning staff has given a favorable recommendation to the text amendment application as requested. No date has been scheduled for consideration by the Worcester County Commissioners at an upcoming meeting.

OPA seeks county code change to allow for electronic signs

By ROTA L. KNOTT Contributing Writer request for a change to the zoning code to allow for internal community signs is making its way through the Worcester County review process at the request of the Ocean Pines Association. The proposed text amendment to the county zoning code would add a provision for internal community signs within an established community or subdivision, including up to four electronic signs The county’s current sign regulations limit a residential development to no more than two community or geographic region identification signs and restrict the verbiage to the identification of that community or region only. Generally, these signs are located at the entrance to a community. The proposed amendment was developed by county planning staff in conjunction with OPA representatives, who expressed the need for promoting events and activities within the subdivision. As drafted, the zoning amendment would allow a community to have internal signs for the display of information such as community events or emergency directives, but not for a commercial marketing message unassociated

OCEAN PINES OPA razes former craft shop building

From Page 16 work group, particularly with Parks, Rogers, and Trummel taking the lead. “Obviously we’re going to want this reviewed by counsel too, the finished product so we make sure we’re covering all the areas that they believe we need to update the bylaws on,” Perrone added. In concert with an update to the by-laws, Parks said there has also been discussion of reviewing the declaration of restrictions for various Ocean Pines’ sections and “noting the differences between the different sections.” He cited discussions about the OPA’s ability to levy fines for certain violations of the covenants as one of the times that topic surfaced before the board recently. Fines are allowed in the governing documents of the Parke section, for instance, but not in most of the other sections in Ocean Pines. Amending the DRs is not easy. Formal adoption of any changes to OPA’s by-laws require the approval of membership through a referendum.

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Taylor Ham ……...........................…….. $8.95 Turkey ………...................................….. $9.45 Roast Beef …..................................…… $9.45 Cappicola …….................................….. $8.95 Genoa Salami …................................… $8.95 Italian Combo …...........................……. $9.45 (Roast Beef, Cappicola, Salami and Provolone) Roast Beef & Turkey ……................….. $7.45 Liverwurst …...............................……… $7.55 Bologna ................................................. $7.55 Egg Salad ….............................………… $7.55 Tuna Salad ………..........................……. $9.25 Whitefish Salad …..................…………. $9.25 PB&J ……………….........................……. $4.50 Grilled Cheese ……........................……. $6.55 Add to any sandwich Cheese 85 cents • Meat $1.65

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20 Ocean Pines PROGRESS

OCEAN PINES

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November 2020 Ocean Pines PROGRESS

Donations to Kiwanis

Two Wednesdays of donations at the Ocean Pines Community Center parking lot from 9 a.m. to noon have filled twolarge SUVs each week. Even a new bike was donated. All the toys are delivered to Worcester GOLD (Giving Other Lives Dignity) in Snow Hill to be distributed to children vetted by the WorcesterCounty Department of Social Services which coordinates with Worcester GOLD every year. Coats are delivered to Joseph’s House and to St. Peter’s Church in OC for distribution. Last collection of toys and coats will be Wednesday, Nov. 25. Look for Wednesday holiday food frive collections in December for Diakonia. around to repaving and restriping the area where the building once sat. Ocean Pines Association General Manager John Viola said the Parks and Recreation is negotating with vendors to obtain the best price for the paving and restriping, which is designed to create additional parking spaces.

From Page 19

OPA razes former craft shop building

The Ocean Pines Association razed the old craft building in the White Horse Park parking lot earlier this month, but has not yet gotten

Fall leaf collection to begin Nov. 23

The Ocean Pines Association has announced leaf collection procedures for its residents this fall. Public Works will collect leaves and other yard debris from Nov. 23 through Dec. 18, on opposite days

from Republic Services collection days. The department will only pick up leaves placed in paper bags that residents place curbside. Thirty-gallon paper bags are available at Public Works in bundles of five for $10. Republic Services will pick up paper and plastic bags on sched-

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November 2020 Ocean Pines PROGRESS

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OCEAN PINES

November 2020

OCEAN PINES BRIEFS From Page 20 RecreationDepartment at 410-6417052.

Member portal possible on Web site

Although the NorthStar software has not been an easy install acorss the departments in Ocean Pines -and the Matt Ortt organization is not keen on replacing its point of sale software with NorthStar software -there is at least some hope that the OPA Web site will be customized to allow member interactivity. It may be possible for OPA members to purchase amenity memberships on-line once the customization occurs. Viola made the disclosure during the October meeting of the Budget and Finance Advisory Commmittee

BJ’s club membership returns to Ocean Pines

Crafter of the month

The Pine’eer Craft Club of Ocean Pines has announced Charlie Davis as the Crafter of the Month for November. A former home builder and cabinet-maker for the federal government, he has continued work-working for the Ocean Pines Artisan Gift Shop. He makes his America, militaryand animal-themed crafts using a scroll saw and lathe. The shop in White Horse Park is open Saturdays 8 a.m. to 3 p.m., Sundays 10 a.m. to 3 p.m.

BJ’s Wholesale Club is once again partnering with the Ocean Pines Association to bring a special membership offer, effective Oct. 16-30, to benefit the Worcester County Veterans Memorial at Ocean Pines Foundation. In addition to offering special membership benefits, BJ’s will donate $5 of each membership fee to the foundation. With this offer, new members receive a 12-month BJ’s Inner Circle Membership for $25 or a BJ’s Perks

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Rewards Membership, which earns 2% cash back on most BJ’s purchases, for $50 with BJ’s Easy Renewal. Renewing members can purchase a 12-month Inner Circle Membership for $40 or a BJ’s Perks Rewards Membership for $80 with BJ’s Easy Renewal. Renewing members will also receive one bonus month with the offer. This special promotion is only offered through Ocean Pines two times a year. The next promotion will be in April 2021. BJ’s membership applications are available at the OPA Administration Building at 239 Ocean Parkway and online at oceanpines.org. Applications must be returned with payment by Oct. 30. Check and credit card payments will be accepted. Applications may be placed in the drop box in the administration building outer lobby, dropped off at the administration building front desk or mailed to Ocean Pines Association, Attn: Marketing, 239 Ocean Parkway, Ocean Pines, MD 21811.

‘Light Up the Pines’ returns despite covid

In a time when COVID-19 has changed many holiday traditions, one annual favorite - “Light Up the Pines” – is returning to bring cheer to the Ocean Pines community. Residents who have decked out their homes for the holidays are encouraged to share their outdoor displays with others by registering for the program. Participants will be featured on an online Google map, which will include locations of the decorated homes. As an added incentive, program sponsor Choptank Electric Cooperative will be giving holiday gift baskets to the first 20 households that sign up. “Choptank Electric Cooperative is pleased to be part of the holiday spirit in Ocean Pines with the ‘Light Up the Pines’ event,” said Elizabeth Hallett, manager of marketing and communications. “We hope our members enjoy bringing holiday fun to the neighborhood!” Households interested in participating should submit a name, address and phone number via email to info@oceanpines.org or by calling 410-641-7717. The initial deadline to register is Friday, Dec. 4, although residents may continue to sign up through the holiday season to have their homes included on the online map.

OPA FINANCIALS

November 2020 Ocean Pines PROGRESS

Viola working on ‘two-tiered’ budget draft to address covid-19 uncertainties Daly adds a note of caution as budget process starts

By TOM STAUSS Publisher he latest surge in covid-19 cases in Maryland and Governor Larry Hogan’s roll-back of some components of his Maryland Reopening plan -- restaurant capacity has been reduced to 50 percent and could go lower if trends continue -- has made the job of crafting a 2021-22 for the Ocean Pines Association all the more challenging. General Manager John Voila’s response to continuing covid concerns is to instruct department heads and Director of Finance Steve Phillips to draft two budget versions, one that assumes more or less normal operations post-pandemic with widepsread use of a vaccine and one that assumes that the pandemic will still affect the way the OPA members use the amenities. This past summer, Beach Club parking and Aquatics revenues took a substantial hit from covid, while golf, with the exception of May and two weeks in June, and the Yacht Club, along with marinas, fared well financially despite covid. Next year, however, it’s anyone’s guess at this point what the covid overhang might be. It’s the uncertainty that prompted Viola to come up with the twotiered budget approach. Perhaps by February, when the budget for next year is normally approved, there may be greater clarity, making it possible for the Board of Directors to make informed decisions about dueling departmental budgets. That, at least, is the hope. Viola is not the only OPA official concerned about the pandemic’s impact on the budget this year and next year. At the Oct. 17 meeting of the Board of Directors, Director Frank Daly cautioned the community that the COVID-19 pandemic would certainly play a significant role in the next budget. He credited Viola and his team with delivering favorable financial results during what has been an extremely trying time. “I think it’s important for all of us to understand … what an incredibly difficult year this has been from a management perspective,” Daly said. “This year’s budget was developed pre-COVID. We’re operating in

a COVID environment. We’re dealing with reduced capacity by government mandates. We’re dealing with reduced demands because people are scared. We’re dealing with reduced assessments which we, collectively as a Board, made a decision on, because the community was so negatively impacted by COVID. “Yet through this we have main-

tained – and John has maintained and the Board and the whole team – outstanding operating results by using tools that have come available to him from the sky, like the PPP program, [and] by managing revenues [and] by managing expenses,” Daly added. A few years ago, Daly said, the Association was facing around $2

million in losses during what then was a good economy. Some of those losses are still on the books. “Now, we’re looking at performance to budget that’s great in an economy that is absolutely unimaginable for people alive today,” he said. “I just want to caution everybody that … it’s going to be a difficult proposition, because we still have to deal with a half-million-dollar shortfall in assessments. “Who knows what’s going to happen between now and the end of the fiscal year. We can’t even make a projection – we can’t even honestly ask for one,” Daly added.

New Year’s Eve plans on pause Hogan’s latest edict affects traditional celebration

he Ocean Pines Yacht Club announced Nov. 18 that it will pause its plans for a New Year’s Eve celebration, based on the latest executive order from Maryland Gov. Larry Hogan. Hogan, speaking on Tuesday and citing spiking numbers related to the COVID-19 pandemic, ordered that all bars and restaurants in the state close at 10 p.m., starting this Friday. Ralph DeAngelus, cofounder of the Matt Ortt Companies that manages the Yacht Club, said the new mandate effectively halted plans for a New Year’s Eve event in Ocean Pines. “The Governors’ new guidelines as of yesterday told us that a traditional New Year’s Eve is no longer viable. Therefore, unfortunately, we will not be able to have a traditional New Year’s Eve party,” DeAngelus said. “We will, however, continue to serve Ocean Pines as best we can under the guidelines allowed. It’s very important we try to keep our services to Ocean Pines as close to normal as possible while adhering to the guidelines, which we have done an excellent job of to date.” DeAngelus added that, if conditions change and Hogan relaxes those guidelines, the Yacht Club will reevaluate its decision on hosting a New Year’s Eve event. The Ocean Pines Yacht Club is currently running under winter hours, open at 11 a.m. on Thursday through Sunday, with lunch and dinner options for dining and carryout. For more information or to order online, visit www.opyachtclub.com.

OPA FINANCIALS

Ocean Pines PROGRESS November 2020

OPA FINANCES

Aqua Cross training

Ocean Pines Aquatics has announced the return of Aqua Cross Training to its lineup of fall classes at the indoor Sports Core Pool. The class makes use of the poolâ&#x20AC;&#x2122;s popular Hydrorider water bikes and aqua trampolines to offer a high-intensity, total-body workout that combines cardio fitness with strength toning. Julie Winterling, a certified Hydrorider, aqua trampoline and aqua cross training instructor, is leading the Ocean Pines class. Aqua Cross Training will be held on Tuesdays and Thursdays through Dec. 15 from 7 a.m. to 7:40 a.m. A second session will begin Jan. 5. The cost per six-week session is $80 for Ocean Pines swim members, $95 for Ocean Pines residents and $100 for the public. Drop-ins may be permitted if space allows. Due to the limited amount of equipment used in the class, registration is limited to 12 people. Call 410-641-5255.

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By TOM STAUSS Publisher irector of Amenities and Logistical Operations Colby Phillips recently gave the Budget and Finance Advisory Committee a prview of proposals for the repair and improvement of cluster mailboxes throughout Ocean Pines, with the committee later endorsing the repair component of the proposal for funding in next yearâ&#x20AC;&#x2122;s Ocean

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Pines Association. Phillips identified 58 mailbox clusters in Ocean Pines needing varying degrees of attention by the OPA, which is responsible for maintaining them. She estimated that $157,000 in replacement reserve funding will be needed to make repairs to the mailbozes and the concrete pads under them. Another $74,000 for three pavilions -- overhead canopies -- for three cluster box complexes would cost about $74,000 in New Capital Reserve funding, she said. Pavilions are designed to cover the mailboxes to make mail retrieval easier during inclement weather. The idea is to start with three pavilions â&#x20AC;&#x153;so people can see whatâ&#x20AC;&#x2122;s been doneâ&#x20AC;? and perhaps create interest in additional pavilions in future years, she said. General Manager John Viola raised a question about whether the three pavilions could be considered a â&#x20AC;&#x153;one-offâ&#x20AC;? or whether the addition of coverings of all 58 at about $25,000 each would need to be considered by the board. â&#x20AC;&#x153;I have my opinions on that,â&#x20AC;? Viola said, without actually giving it. Viola told the committee that it didnâ&#x20AC;&#x2122;t need to offer its opinion on the proposal during discussion at the panelâ&#x20AC;&#x2122;s Oct. 27 monthly meeting. But the committee later provided Viola with its verdict. The OPA should fund the $157,000 in repair funding this coming year, while forgoing the $74,000 in new capital spending for the coverings.

November 2020 Ocean Pines PROGRESS

Budget & Finance Committee offers budget guidance to board, general manager

he budget process for the next fiscal year unofficially got underway Oct. 21 as Budget and Finance Advisory Committee Chairman Dick Keiling presented the annual budget guidance document to the Ocean Pines Board. Budget guidance from the committee is one of the requirements of Resolution F-02, which governs the annual budget development process. â&#x20AC;&#x153;The preparation of the budget is a significant work process. It not only involves the Finance staff, but it involves all of the departments,â&#x20AC;? Keiling said. â&#x20AC;&#x153;They do a really good job of developing a zero-based budget â&#x20AC;Ś and B&F truly appreciates all their hard work, which facilitates a pretty smooth process.â&#x20AC;? Keiling said each year the general manager sets a budget review timeline, and this year the committee asked that to start with a committee review during early January. â&#x20AC;&#x153;The GM agreed to that, so heâ&#x20AC;&#x2122;s preparing a document [that] describes all the activity leading up to the budget approval in February,â&#x20AC;? Keiling said. â&#x20AC;&#x153;We strongly encourage and welcome any Board members who would like to attend those three days. Itâ&#x20AC;&#x2122;s a very, very good time, and a very thorough look at the budget process,â&#x20AC;? he continued. The guidance document contains 17 recommendations or observations, none of which address the level of assessments that might be needed next year to fund OPA operations. The budget guidance docu-

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ment says that: 1. The Budget & Finance Committee under Resolution F-02, Section 2 is offering assistance to the GM and the Board for the FY20212022 Budget preparation. 2. B&F encourages Board members to be present for the budget review and requests such review to take place over two to three days between January 5-9. Last year some Board members raised the question whether it made sense to have one joint B&F/Board Review in lieu of two separate meetings. If the Board so elects B&F is perfectly fine in making this a joint meeting. 3. An up-to-date accounting and position on PPP funding is provided for budget review. Contingency plans are identified and presented should PPP funding become a loan payable. While the budget book pages provide good detail on â&#x20AC;&#x153;Other Costsâ&#x20AC;? B&F would like to see monthly Northstar reports developed to highlight similar details. This was discussed at a previous B&F meeting and deferred to a later date. 4. For presentation and analysis purposes, Develop Fiscal Year Budget reports with the following categories: a. As previously done for each department or amenity show three years of historical actuals (2018, 2019, and 2020), 2021 budget, current YTD actuals, most current yearend forecast, and the proposed budget for 2022. We recommend adding a column striking a variance ď ą

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OPA FINANCES

Ocean Pines PROGRESS November 2020 b. Any departmental revenue or expense increase or decrease of 5% or $5,000 whichever is less requires justification. Resolution F-02 sets 5% threshold.

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5. A membership schedule should be presented with detail explanations including analysis of any proposed fee changes. Revenue projections should be reflected for each category of membership showing increases or decrease. 6. There should be a FTE schedule by department for the previous 3 years (for comparison purposes) in addition to the budget year. Any new changes to staff will need to have complete substantiation. 7. As previously done, a reconciliation or “OPA Salary Walk by Department/Amenity” detailing a total reconciliation of payroll dollars from last year’s budget to current year forecast and 21-22 budget should be provided. This is helpful in focusing on the big picture for our largest expense to see the macro impact of salary expense changes. Showing the current year forecast here is consistent with department and amenity presentations. 8. Last year for the first pass budget meeting we did not include the budgeted salaries in the individual department and amenity sections. This distorts the bottom-line totals by section. Including the updated salary information will provide for a clearer and more transparent review when discussing the numerous individual sections. 9. Food & Beverage budget should be based on Matt Ortt’s contract and their outlook for the new budget year. B&F would like to see Matt Ortt’s outlook for Banquets in the

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2021-2022 period following this very unusual year. 10. Managers for each fee-based amenity should provide comprehensive details on new revenue generating proposals and substantiate other budgeted revenues. 11. As done last year OPVFD should present their budget like other departments. 12. Police Department, General Administrative, and Finance should provide detail of expenses and revenue. All consultants must be substantiated. 13. A capital budget should be presented separate from the operating budget and be structured in a rolling multiyear format that includes budgeted unexpended capital items from prior year(s). Multi-year plans should tie into the Reserve Study. Unexpended amounts from prior years’ approved budgets must be budgeted and accounted for as part of the FY 2021-2022 capital spend. Any new capital expenditures must be financially justified. 14. A reserve study update is completed prior to the January budget review using the DMA consultant. In accordance with Resolution F-03 B&F remains available to assist in this update as requested by the General Manager. 15. Business Plans should be presented for new capital expenditure requests and should include dollars and rationale. Replacement capital expenditures should include dollars and rationale for expenditures. Variances should have proper explanations and supporting detail. Estimated future maintenance and carrying costs should be part of any new capital justification. 16. Bulkheads - A detailed current fiscal year spending projection is requested. Based upon the projected spend, fund balance, and the detailed work plan for FY 20212022; B&F will provide guidance. An analysis should be done showing the impact of higher material/labor costs for bulkhead replacements on the multi-year plan in place. 17. Any prior year losses need to be addressed with a plan to fund. Likewise, recommendations should be made on accounting for any budget surpluses. 18. We request Board of Director feedback and guidance as soon as possible, to ensure a transparent and timely budget process. 19. The GM will prepare a budget schedule including dates for Board review.

OPA FINANCES

November 2020 Ocean Pines PROGRESS

With a positive ‘top line’ in October OPA surplus exceeds $1.24 million Payroll protection program revenues helps push OPA into positive territory By TOM STAUSS Publisher s predicted by General Manager John Viola at the Oct. 17 monthly meeting of the Board of Directors, the Ocean Pines Association’s operating surplus soared to $1.1 million in September financials. Aided by the the receipt of roughly $1.4 million in Paycheck Protection Program funds from

May through August, the OPA five months into the fiscal year continued to be in an enviable financial condition. At the Nov. 18 board meeting, Viola provided a “flash” look at October results. For the month, the OPA generated another $130,000 operating surplus, with net revenues favorable to budget by $20,000 and expenses under budget by $111,000.

When added to September’s cumulative results, that means the OPA’s operating surplus through October is more than $1.24 million. Without the PPP funds, however, the OPA would be floating in red ink for the year so far. The OPA in September produced an operating surplus of $147,876, and through September the surplus reached $1,132,859.

OCEANPines PINES ASSOCIATION Ocean Association NET OPERATING BY DEPARTMENT Net Operating by SEPTEMBER Department - September 2020 2020 MONTH ACT

MONTH BUD

$ VAR

YTD ACT

YTD BUD

YTD LAST YEAR

$ VAR

(41,807) (20,902) (60,557) (4,992)

(12,146) (22,785) (61,498) (17,213)

(29,661) 1,884 941 12,221

6,826,359 (103,528) (263,864) (55,344)

5,850,299 (113,520) (307,513) (92,038)

976,060 9,991 43,650 36,694

5,902,501 (111,965) (278,387) (89,202)

COMPLIANCE / PERMITS GENERAL MAINT PUBLIC WORKS

12,462 (45,049) (94,120)

271 (72,367) (122,019)

12,191 27,319 27,899

54,498 (226,953) (468,023)

30,107 (331,415) (650,747)

24,390 104,462 182,724

22,892 (306,815) (603,998)

(58,127) (130,672)

(58,227) (144,855)

100 14,183

(290,635) (218,188)

(291,135) (249,265)

500 31,077

(288,734) (241,204)

RECREATION / PARKS TENNIS PICKLEBALL PLATFORM TENNIS

(50,142) (9,732) (305) (2,430)

(73,562) (5,426) (2,727) (2,596)

23,420 (4,306) 2,422 167

(178,521) (21,052) 14,475 (3,660)

(139,348) (14,840) 16,116 2,548

(39,173) (6,212) (1,641) (6,208)

(155,205) (176) 7,379 18,944

AQUATICS

(47,263)

(59,723)

12,460

(68,602)

142,875

(211,477)

248,579

GOLF OPS + MAINT CLUBHOUSE GRILLE

30,168 10,708

13,478 (1,031)

16,690 11,739

200,733 43,357

209,460 15,682

(8,726) 27,674

254,288 21,749

BEACH CLUB BEACH PARKING

9,501 (7,892)

(12,794) (5,748)

22,295 (2,145)

121,168 229,383

126,163 417,872

(4,995) (188,489)

160,815 322,149

YACHT CLUB MARINAS

52,834 8,508

58,593 4,691

(5,759) 3,817

354,344 282,219

240,995 233,010

113,349 49,209

(449,808)

(597,684)

147,876

6,228,165

5,095,306

1,132,859

NET OPERATING

10/18/2020

REPLACEMENT

BULKHEADS WATERWAYS

ROADS

BALANCE APRIL 30, 2020

3,481,457

1,652,979

506,450

TRANSFERS FROM OPERATING FUND: CONTRIBUTIONS FROM ASSESSMENTS

1,782,805

892,193

167,000

35,561

16,161

5,137

436

325,000

INTEREST INCOME (EXPENSE) RESTRICTED CONTRIBUTIONS: TRANSFER OF CASINO FUNDS TRANSFERS TO OPERATING FUND: OPERATING EXPENSES CAPITAL ADDITIONS BALANCE SEPTEMBER 30, 2020 Source: Ocean Pines Finance Department

(1,053,052) 4,246,771

(482,048)

2,079,285

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Source: Ocean Pines Finance Department

RESERVE SUMMARY PERIOD ENDED 9/30/2020 UNAUDITED

In September, revenues were over budget by $116,184,and expenses were under budget by $31,692. The $1.132 million surplus through September resulted from revenues over budget by $221,797 and expenses under budget by $911,062. The Yacht Club, golf operations, the Clubhouse Grille, the Beach Club and the marinas made money during September. Outperforming budget were Aquatics, golf operations, the Clubhouse Grill, the Beach Club, marinas, pickleball and platform tennis. Parks and Recreation exceeded budget for the month. Golf operations seem to be on a positive roll, generating $30,168 in net revenue for the month while outperforming budget by $16,690. The same is true for the Clubhouse Grille, with a $10,708 surplus that exceeded budget by $11,739. Year to date golf has generated $200,7733 in net revenue but is behind budget by $8,726, which Viola has blamed on a covid-related poor start to the fiscal year in May. Although Aquatics is behind budΊΙΙ Prince Georges get by $211,477 for theCnty yearMd through ΍χϚϋ ΎϞϖ Price: 98.500 (00.00) Ί΍и

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bonds may be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be sub Securities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. Ratings7,093,997 by Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to buy, sell or hold the secu (c) 2015 Raymond James Financial Services, Inc., member FINRA/SIPC 15-MFI-0113 ICD BS 8/15 revision, suspension, reduction or withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the tim est. No representation is made as to any insurer’s ability to meet its financial commitments. Ratings and insurance do no

WORCESTER COUNTY

November 2020

County proposes Ocean Pines golf course irrigation in capital improvement plan Public hearing to be scheduled to gather comments

ore than $5 million in upgrades to water and wastewater facilities in the Ocean Pines Service Area, including spray irrigation of effluent on the Ocean Pines Golf Course and replacement of a belt filter press at the treatment plant, are included in Worcester County’s FY22-FY26 Capital Improvement Plan. This project is part of ongoing long-term upgrades to the 50-year old Ocean Pines water and wastewater systems. The project is proposed to reduce nutrients to the Saint Martins River while reducing the need for groundwater to irrigate the golf course and to replace an aging pieces of equipment in the OPSA. The ongoing project is a part of long-term system upgrades for the entire Ocean Pines water and wastewater systems. In an effort to reduce nutrient discharges to the coastal bays and reduce the use of the groundwater to irrigate the Ocean Pines Golf Course, the county is proposing to

OPA Financials From Page 29

With a positive ‘top line’ in September OPA surplus exceeds $1.13 million Payroll protection program revenues pushes OPA into positive territory By TOM STAUSS Publisher s predicted by General Manager John Viola at the Oct. 17 monthly meeting of the

redirect treatment plant treated effluent to the golf course to use for irrigation. The primary benefit of this project is said to be improved efficiency of the Ocean Pines Wastewater Treatment Plant and to reuse the plant effluent for golf course irrigation. The existing belt press at the Ocean Pines Wastewater Treatment Plant was installed in 1996. Since that time, it has undergone major repairs but is no longer reliable. The county is looking to use newer technologies now available to be installed at the treatment plant. The commissioners on Nov. 4 met with Senior Budget Accountant Kim Reynolds to schedule a public hearing on the requested five-year Capital Improvement Plan for FY22 - FY26. Reynolds told the commissioners that projects totaling

$74,157,732 are proposed over the five-year period. She said that, of the proposed projects, $12,023,098 or 16.2 percent are proposed to be funded by the General Fund and $34,538,328 or 46.5 percent from general bond funds. The remaining portion would be funded by user fees, grant funds, state match funds, state loans, assigned funds, and enterprise fund bonds. Reynolds reminded the commissioners that the CIP is strictly a planning document, and a project’s inclusion in the CIP does not constitute funding approval. Rather, each project will be considered and if approved would be refined as details come to light and as projected revenues are known. Priority projects would be given approval to move forward with more detailed planning.

The Commissioners unanimously agreed to schedule a public hearing to receive public comment on the requested five-year CIP FY22 - FY26 as presented. Ocean Pines Association General Manager John Viola said recently that he has no plans to include any funding in the 2021-22 OPA draft budget to facilitate the golf course irrigation project.

Triple Crown Estates changes project density

Saying a public hearing wasn’t necessary, the Worcester County Commissioners on Oct. 20 agreed to allow the conversion of the proposed Triple Crown Estates development south of Ocean Pines from duplexes to single-family homes. Developer Marvin Steen, president of Steen Associates, Inc., owner of the property being developed as Triple Crown Estates Residential Planned Community requested the change to the approved plans, which called for 60 duplex units on 30 lots. The county approved the RPC floating zone for the property in 2015. Instead, Steen wants to reduce the density of the project by 50 percent, by proposing 30 single-family q

30 Ocean Pines PROGRESS

Community pier, boat ramp gate proposals presented to committee

roposals for gates controlling access to boat ramps at Mumford’s Landing and White Horse Park as well as proposals for up to new two recreational piers were presented at the Oct. 38 monthly meeting of the Budget and Finance Advisory Committee. It’s not clear whether either or both or none of the proposals will make it into next year’s capital budget, since both would need to be funded out of the Ocean Pines Association’s new capital reserve. OPA General Manager John Viola has identified other new capital projects that he considers higher priority, including new pickleball and tennis courts, drainage improvements to the Bainbridge Park area, and new daily-use “T-docks” for the Yacht Club marina. Colby Phillips, director of amenities and logistical operations, told the committee that the boat ramp gates, an idea that has been considered but never funded by previous boards of directors, carry a cost of

$15,000 per gate. Stickers or tags would help with the monitoring of ramp use, she said. The gates, which have been described previously as a means for controlling access to the boat ramps by those who don’t live or own proeprty in Ocean Pines, could raise $10 per day or $50 per week from non-residents, she said, citing a marina operation at 100th Street in Ocean Pines. Public Works Director Eddie Wells said that remote video viewing of the two ramp operations could be handled through the Parks and Recreation Department rather than the Police Department. What previously had been described as proposals for a new crabbing pier to replace the one dismantled in the Whitetail Sanctuary section of Ocean Pines is now described as a community recreation, according to Viola. Nobie Violente of the Public Works Department told the committee that the recreational pier would

be used for crabbing, fishing, and kayaak-launching. He identified the foot of the Grand Canal between the Wood Duck Isle sections and a site off the Swim and Racquet Club campus as two possible locations for the piers, with Viola noting at one point that both sites could be developed in the future. Violente said that the staff has consulted with county zoning officials to see whether parking could be added to the Grand Canal location. He also said that the cost of the piers “that we’re looking at” would be $35,000. When asked by committee member Tom Piatti how he would achieve “community buy-in” to the piers, Viola said it would be achieved by initially bringing the idea to the B&F committee and having it covered by one of the newspapers that serves the community. He suggested that both of these projects are more likely to be funded in the future, not in the 2021-22 budget currently being drafted.

WORCESTER COUNTY County briefs

November 2020 Ocean Pines PROGRESS

From Page 30 dwelling lots rather than sixty duplex units on thirty lots. Ed Tudor, county director of development review and permitting, said an applicant can only change the density without a public hearing if the commissioners find it is not a substantial change to the original project. He told the commissioners that this change will not impact the proposed lot sizes, setbacks, road design, or other features shown on the plans to date. He said staff believes that because the code contemplated an increase in density, not a decrease in density, this request does not constitute a substantial change and does not require a public hearing. Commissioner Chip Bertino made a motion, which was given a second by Commissioner Ted Elder and carried unanimously by the commissioners, to approve the requested modification of the Triple Crown Estates RPC.

County forward funds engineering study

Worcester County officials have agreed to forward fund the $9,640 cost of a preliminary engineering study for connecting the St. Martin’s by the Bay to the Ocean Pines Service Area for water service. During a Nov. 17 meeting the Worcester County Commissioners agreed to cover the initial cost of the work, which will be reimbursed to the county through service area fees. In June 16, the commissioners approved the establishment of the St. Martins by the Bay water sanitary service area. The community will connect to

public water through the OPSA and will abandon its private water plant and supply well. The community is seeking assistance in securing a suitable USDA financing loan product for this project. Part of that application is the preparation of a preliminary engineering report and an environmental report. While the ER report can be done by the county’s Department of Environmental Programs inhouse, the PER needs to be contracted out to a third party engineering firm to complete. Bob Mitchell, director of environmental programs, said quotes were requested from three local firms and the low bid was $9,640. “This was a bit more than we had previously anticipated and would be a burden for this community to shoulder from their reserves as they struggle to keep their plant operational until they can connect to public water,” he said. In a letter to the county, John E. Shook, president of the St. Martin’s by the Bay homeowners association, said at this time the HOA would find it difficult to appropriate the funds. At the same time continuing repairing the water system that is currently 35 years old. The reason we approached you was because of the falling, out of date system.” He acknowledged that the loan would eventually be included in the cost of the USDA grant or loan funding package. “Any assistance from Worcester County would be greatly appreciated at this time.” The commissioners agreed to provide an intergovernmental loan to cover the PER costs. The loan amount will be added as a project cost to the eventual loan product they receive from UDSA.

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WORCESTER COUNTY

November 2020

OPA, OC at odds over casino zoning change Commissioners approve overlay district allowing hotels By ROTA L. KNOTT Contributing Writer hile the Ocean Pines Association enthusiastically endorsed creation of a Casino Entertainment District that will allow a myriad of uses to be developed in conjunction with the Ocean Downs Casino, Ocean City officials opposed the zoning change because it would allow hotels on the site during an Oct. 20 public hearing before the Worcester County Commissioners. With Ocean Pines’ representatives split on the issue, the commissioners voted 5-2 to approve the creation of the Casino Entertainment District. Commissioner Chip Bertino made the motion for approval, which carried with Commissioners Bud Church, Ted Elder, Diana Purnell, and Josh Nordstrom in favor but Commissioners Jim Bunting and Joe Mitrecic voting in opposition. OPA President Larry Perrone told the commissioners during the public hearing that the OPA originally had concerns about the impact creation of a Casino Entertainment District at Ocean Downs would have on Ocean Pines. He cited concerns about increased wastewater flow to the Ocean Pines treatment plant and traffic congestion on Route 589, but said that representatives for Ocean Downs had addressed those concerns to the satisfaction of the OPA. He said there is plenty of wastewater capacity in the treatment plant and cited plans for an extensive traffic study. “Let’s be honest. The people that are going to be affected the most by the traffic impact will be the residents of Ocean Pines,” Perrone said, adding he expects that the casino owners will live up to the commitment to a full traffic study of Route 589. Perrone said the OPA was glad Ocean Downs General Manager Bobbi Sample had agreed to commission a traffic study of the entire Route 589 corridor regardless of whether required to do so by the county. He also noted that any expansion of the casino would result in increased Local Impact Grant funds, which are derived from casino revenue, to Ocean Pines and the nearby municipalities. That money, he said,

can be used to augment decreased state funding for road projects. T h e OPA Board of Directors unanimously supported the text a m e n d ment to Larry Perrone the county zoning code, having heard from no Ocean Pines residents who were in opposition. “If you know Ocean Pines, there are a lot of opinions from everybody. I can tell you that I have not received one negative comment or note regarding this plan,” Perrone said. He said he did not believe any future hotel with banquet facilities would negatively impact special events at the Ocean Pines Yacht Club. Bertino said he, too, had received a lot of positive comments and questions from Ocean Pines residents about the text amendment, and that the county and neighboring communities have benefitted from the casino’s presence. “One of the things that becomes clear to me is that Ocean Downs for the past ten years has been a very good neighbor to all of us in this county,” he added. Ocean City Mayor Rick Meehan spoke in opposition to the overlay district. He acknowledged that the casino has been a much better fit in the community than many town officials and business owners originally imagined, and many of the hotels work with the casino to offer travel packages. He said the original legislation was written specifically to ensure that no hotel could be developed on or near the casino property, but the Casino Entertainment District would remove that restriction. He reiterated that Ocean City officials support the casino, but not the provision for a hotel and asked the county to follow the original intent and continue the prohibition against hotels on the site. Hale Harrison, a principal in the prominent Ocean City Harrison Group, also opposed the creation of

the proposed overlay district, and said many area hoteliers worked with the state to develop legislation that would prohibit a hotel on or near casino property. He said the former casino owner assured area hotel owners that he did not want to be in the hotel business. But now the casino is not honoring that original deal, he said. Harrison asked the commissioners not to take any action on the requested text amendment but to wait and see what legislation may be introduced at the state level. Actually, the state legislation in place prohibits the casino owner from owning a hotel on site. Bill Rickman, former owner of Ocean Downs, urged the commissioners to pass the text amendment. He confirmed that when he owned the casino he did not want a hotel but said the potential for adding such a use has always existed. He said the current law allows a third party to operate up to a 500-room hotel on property zoned C-2 in the vicinity of the casino property. Rickman said that casino operations are a partnership between casino operators, area businesses, and local government, and the proposed Casino Entertainment District presents an opportunity for responsible growth. However, Susan Jones, executive director of the Ocean City Hotel-Motel-Restaurant Association, said the text amendment is too broad and called on the commissioners to consider the potential impacts. She said a hotel and convention center space could take away business from the Roland E. Powell Convention Center in Ocean City. Jones said the bill should limit any potential hotels on the property to one hotel with a maximum of 150 rooms. Joseph Moore, attorney for Ocean Downs, acknowledged that currently anyone with a legal or financial interest in the casino are prohibited from locating a hotel on or within ten miles of the site. But, he said, that does not prevent a private owner from operating a hotel on or near the casino property. In response to Jones’ concerns, Moore agreed to an amendment to limit accommodations on or near the casino property to one hotel with 150 rooms.

“We understand that there’s a concern about a potential hotel at the site. I’d call the hotel the 600-pound gorilla in the room,” Moore said. Moore said if the commissioners approve the overlay district and state law changes, Ocean Downs would like to place one hotel on its property. He said that current law permits a hotel on the edge of the property in the C-2 zone or on property zoned C-2 across the street from the casino. He said the intention is not to compete with Ocean City hoteliers, but to attract an hotelier, maybe someone with a facility in Ocean City, to develop a hotel on the casino property to attract casino patrons. That would in turn increase in casino revenues and the local impact grants to Worcester County, Ocean City, Ocean Pines, and Berlin. Ed Tudor, county director of Development review and Permitting, reviewed the bill, which would add a Casino Entertainment District as an overlay district in the Zoning and Subdivision Control Article and establish such a use as a permitted use in the A-2 Agricultural District. Tudor explained that the Board of Zoning Appeals granted a special exception for the fairgrounds at the casino site, which permits over 21 various events, with slots approved by State referendum in 2008. He also said that the underlying A-2 zoning district allows 65 different principle and special exception uses, though the designation as an overlay district does not happen automatically. He clarified that an overlay district can only be established on A-2 zoned property that has a fully licensed and operating casino, noting county staff worked with the applicant to develop a text amendment that would fit the county code, and most of the proposed uses would be permitted with the existing zoning by special exception. Bunting reviewed the list of general exceptions that would be allowed in the casino overlay district and asked if the text amendment would affect the expiration of special exceptions after a certain period of time under the current code. Tudor said there is an expiration date for the existing uses permitted by special exception on the casino property. Other uses that are not currently in use on the property, such as churches, temples, mosques, contractor shops and boat storage yards, could be permitted in the q

32 Ocean Pines PROGRESS

WORCESTER COUNTY

November 2020 Ocean Pines PROGRESS

Worcester public schools go virtual as COVID-19 cases climb in county By ROTA L. KNOTT Contributing Writer ith the COVID-19 daily positivity rate increasing locally and across the state, Worcester County Public Schools switched to systemwide transition to virtual learning effective Nov. 16. During a Nov. 17 Board of Education meeting, Lou Taylor, superintendent of schools, pleaded with community members to follow all necessary COVID-19 protocols to end the pandemic and get students back where they belong, in the county’s 14 public schools. “This virus is real. It is in our community and we need to protect each other and ourselves when possible,” Taylor said. “In no uncertain terms, we definitely need your help. We need you to please, please, please do your part.” He encouraged all community members to wear a face covering, keep physical distance at all times, and wash their hands. He also implored people not to hold gatherings during the holidays. “This is how the majority of cases are spread, he said. Taylor said everyone is tired of COVID-19 and the hardships it has brought. “But I also know what Worcester County is made of,” he said, adding, “We are strong willed and protective of our community.” He encouraged people to “throw all of our efforts into reducing pandemic to a thing of the past,” he said, adding that at the school system “we are committed to being the leader that can show our community how

it’s done.” Taylor announced the change in a Nov. 15 letter to parents and school system staff. He cited guidance provided by the Maryland Department of Health and the Maryland Department of Education in making the decision to cease in-person learning through Tuesday, Dec. 1. He said they made the decision to move the school system back into Stage 1 for all students to engage in distance learning “as community metrics rose to concerning new heights.” “Our leadership team has been closely following the community statistics for COVID-19. Today, Worcester has crossed a critical threshold as the numbers have hit a 6.6 percent daily positivity rate and 18.3 cases per 100,000 people.” He said those numbers are above the metrics these agencies have recommended for a reexamination of the school system Responsible Return plan for in-person learning. “In light of this information, I am announcing that effective tomorrow, November 16, all Worcester County Public Schools will transition to distance learning until Tuesday, December 1,” Taylor said. Additionally, all after-school activities and athletics are virtual during this time. “We will be monitoring our community statistics closely throughout this two-week period, and we will communicate to you any changes to our return as soon as decisions are made.” Taylor encouraged families to look for specific communications from their child’s school or teacher

Scholarships available for high school golfers Applications for 2021 college scholarships awarded by members of the Ocean Pines Golf Club are now available through guidance offices at Stephen Decatur High School and Worcester Preparatory School. Additionally, students from other local high schools who feel they may qualify can request information and an application from Scholarship Chairman Bob Long at rmlong@aol.com. Long said the Ocean Pines Golf Members’ Council has awarded more than $22,000 to 21 local seniors during the last four years. Students receiving these awards have shown an interest in the game of golf and are judged on the totality of their record. Participation in competitive golf is not a requirement. Taylor Bank, title sponsor of the Ocean Pines-Taylor Bank Scramble, supported the scholarship fund with an annual contribution of $2,000. Deely Insurance, a regular platinum sponsor of the event, again contribted $500. We are grateful for the support of our friends and neighbors at Taylor Bank and Deely Insurance, especially in 2020,” Long said. “Their contributions will help fulfill the education goals of deserving local students.”

regarding logging in for distance learning. Anyone who needs to pick up their child’s computer device or other materials necessary for distance learning, should contact the child’s school. Taylor added “we recognize the inconvenience that this sudden announcement may cause, but we thank you for your understanding as we put the health and safety of our students, staff, and community first.” He said the school system hopes to return to Phase 2 with all student back in the schools on Dec. 1. He said they will continue to communicate with parents as quickly as possible when decisions are made. “We are trying to allow as much time as we are able for our families to plan. And we thank them, we really thank them for understanding.” As with community members, Taylor encouraged students, staff, and parents to wear face coverings,

Casino zoning

From Page 32 C-2 district, A-2 district, A-2 district with the Ocean Downs, and the casino overlay district by special exception. Moore said that every year since 2012 the casino has requested a series of special exceptions permits, and none of those permits have expired because they have consistently used their right to those exceptions. He said the property owners chose to apply for the overlay district, which has 12 uses, three of which are already in use - casino, racetrack, and boarding stables - rather than apply to rezone this section of the property from A-2 to C-2 commercial. A rezoning would allow 42 uses by either permitted uses or by special exceptions. Moore stressed that the text change would not grant an approval for the additional uses but just gives the property owner the right to apply for those uses. “All we’re doing today is asking you all to consider changing your present prohibition against any of the uses…” Moore told the commissioners. Sample, the Ocean Downs general manager, agreed that the text would require the casino owners to seek approval for each use through planning and zoning. She agreed

keep a safe physical distance from others, practice good hygiene and hand washing and to honestly complete the COVID-19 screening tool that is required prior to entering any of the schools. Lauren Williams, coordinator of school health services, gave an overview of jurisdiction COVID-19 metrics during the Board meeting. She said just two weeks earlier the positive case rate was 3.45 percent and the new case rate was 9.5 percent. One Sunday, Nov. 15 when officials opted to switch back to remote learning, the numbers had increased to 6.6 percent positivity and 18.3 percent new cases. “The numbers went up very quickly over the last two weeks,” she said. Williams said the school system has had one classroom outbreak at Stephen Decatur High School. A classroom outbreak is two or more cases in a single classroom that occur within a 14-day period. The county has had no school-wide outbreaks, which are defined as three or more classrooms with different cohorts that test positive. that casino representatives have committed to the OPA to commission a traffic study on the entirety of Route 589, even if not required to do so by the county when applying for special exception uses on casino property in the future. She said it is in the casino’s interest to minimize traffic congestion, which could negatively impact the experience of its customers. In making his motion for approval, Bertino said the casino has been a good neighbor to Ocean Pines. He said the overlay district would not give the casino an unfair advantage over other businesses and in fact the county and local jurisdictions have benefitted from casino revenues. Church agreed that he has not seen any negative impacts in the county from the casino operation, and agreed with Bertino that it is a good neighbor. While agreeing that the casino has been considerate of the community so far, Mitrecic said he wants to keep it that way. He opposed the proposed overlay district, saying it is in conflict with the restrictions that local officials fought to have implemented at the state level. He was concerned that eventually harness racing would be eliminated completely in favor of other uses at the casino site.

34 Ocean Pines PROGRESS

LIFESTYLES

November 2020

MICHELLE AND ROBERT STEWART

Lives in the military made a connection almost inevitable for this married Ocean Pines couple By SUSAN CANFORA Contributing Writer t was former Vice President Adlai Stevenson who issued this reminder about devotion to America: “Patriotism is not short, frenzied outbursts of emotion, but the tranquil and steady dedication of a lifetime.” Of course that dedication extends to the American flag, which reminds Ocean Pines career veteran Robert Stewart of “the freedoms we have in our country and what it stands for.” “I think about the lives that have been sacrificed for it,” said the 66-year-old Ohio native, who served in the U.S. Navy 24 years. “It’s a symbol of hope,” said his wife, Michelle, also a career veteran who served in the U.S. Air Force nearly 20 years. “Both of us have been overseas so much and we have done a lot of work in developing nations, regardless of where we are politically and how we view the founding fathers. At the heart of it was having that pursuit of happiness and not having dictatorships,” she said one recent afternoon as the couple sat at a picnic table at the Worcester County Veterans Memorial in Ocean Pines, near flags from each branch of the military that waved in an autumn breeze. “We have seen communism and dictatorship,” she continued, referencing author Alexis de Tocqueville, a French political scientist and historian who thought the United States offered the most advanced example of equality in action. “Tocqueville came to America and traveled and he said if America can hang onto the vision we can do anything, but if we lose sight of that we can all fall. The vision I see is, I look forward and I think the experience is not over. We don’t want to lose sight of that. We need to keep moving forward,” she said. In conversation, the Stewarts, who came to Ocean Pines in 2014, are delightful, married 13 years ago after Mrs. Stewart’s daughter,

Michelle and Robert Stewart

collaborating with a friend, created a dating profile for her. Stewart had been divorced seven years and when he decided to start dating again, looked on Match.com and noticed a woman had, as online daters say, winked at him, meaning she showed interest. Although Mrs. Stewart’s name was attached to that cyber wink, her daughter, Taryn King, and her best friend, Pearl, were behind it. “They wanted me to be happy. Taryn saw me go through some things,” Mrs. Stewart said. “Well, they winked at me,” Stewart said, emphasizing the word “they” and smiling. Eventually e-mails were exchanged and, he said, “after a few of them we decided to meet for coffee.” As it turned out, that meeting would be postponed because he had already begun talking to someone else. The two didn’t communicate for about two years, and only after Mrs. Stewart called him about a business matter. “I never stopped thinking about him. I didn’t forget about that old salt,” she said, laughing and

LIFESTYLES glancing at him. “He was the department chair of Electronic Engineering at ITT Technical Institute in Youngstown, Ohio, and I was the Admissions Director at the English Nanny and Governess School in Chagrin, Ohio,” she explained. She called there, asked if he was still the department chairman in that division, was connected and, when he answered the telephone, said, “I’m not sure if you remember me.” He did. She said she had a professional question and asked him “about students from his school creating a new website for my school.” “I received a call that night from my father. He shared that my mother had taken a serious turn in her lymphoma and leukemia battle and would likely not live much longer. So I gave my notice and was leaving for Minnesota to help care for my mother. Robert called about two or three days later. When he called back he asked me to meet for coffee. I told him no and why … (but) he insisted, saying he messed up not following through two years earlier. “I again declined. But he said if he ever had the chance to meet me, he knew he wouldn’t regret it. So I finally said yes. But it had to be the next afternoon as I was leaving in two days. He agreed,” she said. They met at Panera and ending up talking five hours. As they were leaving, he went to his truck, retrieved a red rose for her “and asked if he could kiss me goodbye and for good luck on my long drive to Minnesota,” she said. “He leaned in and kissed me on my cheek and then whispered, ‘I am going to marry you,’” she said. Six months later, her mother was feeling better and her daughter was in Ohio, staying in her home. “So I made the decision to move back to Ohio,” Mrs. Stewart said. Stewart, who last month underwent serious heart surgery, was previously stationed in Hawaii, but had returned to his hometown of Southington, Ohio, to help care for his father. Michelle Stewart quietly applied for the community relations officer position where Stewart was working, determined to be hired on her own merit and not because she knew him. She was, and the two married six months later. Mrs. Stewart, 58, a native of Pennsylvania who moved to Illinois when she was a girl, joined the Air Force in 1980 and served 14 years in active duty. When she was offered early retirement, she took it, then served in the Reserves for years. She also went to Kenya as a missionary for Independent Gospel Missions. “We did a lot of lay work with the International Red Cross and several independent organizations within Kenya. We ran refugee camps,” she explained. When she was in active duty, she was originally stationed in England and selected for a special duty assignment. Her home office was in Oxford in London. She traveled with mobility teams, working with foreign exchange officers with the United Nations and was involved in various types of operations.

November 2020 Ocean Pines PROGRESS

Robert and Michelle Stewart at a family beach gathering.

Stewart enlisted in the U.S. Navy in 1973 and completed 12 years of enlisted service, working in missile radar systems and computers. Later, he had office duty and served most of career on the west coast of Hawaii. “Being on a boat was wonderful,” he said, recalling watching as thousands of porpoises swam beside his ship, responding to radar that was pinged as normal practice. “They would swim beside the ship, thousands of them and we there were the most beautiful sunsets,” Stewart said. He was in Vietnam during final evacuation and patrolled and provided support during airlifts out. He was in the Persian Gulf at the beginning of the Gulf War in 1990, “patrolling a certain part of the Gulf assigned to us.” “Because of our life experiences and backgrounds, the way we solve problems, we come at it from different vantage points. Our greatest strength is our diversity … diversity is about gender, sex, and diversity of thought. If we allowed that to really come together we would really find some of this and this and this would actually solve the problem,” she said. “Unfortunately – and it’s human nature -we are driven by emotions, and we don’t take that step back and allow ourselves to engage in civility and open dialogue. As a woman, I was in the minority in the military. When I went in, my entire military career, I never had a female superior. That was not a bad thing, but I would have benefitted from a female mentor,” she added. Male superiors, overall, “treated me as though I was their daughter,” she said. “I think it’s important to hear other voices. I had a wonderful career. I wish I had stayed in. Being in the military teaches you integrity. There is respect for diversity and self-discipline,” she said, adding she learned teamwork and dependability. The military, she said, “opened my mind and heart to understanding.” Stewart was deployed five to eight or nine months at a time, taking him away from his former wife and two children. “It could be hard on them when they are younger. They need that relationship with their father. It is hard on the kids. “Everything I saw and the way I saw and

believed, it opened my eyes. We are all equal and we are doing the same things. So much of the military is engrained in me. We both have a standard of professionalism from that,” said Stewart, who is currently teaching the online class Professionalism in the World Environment for Perdue Global. His wife home schools their grandson, Patrick. “The military opened my eyes to a lot of different things around the world. I’ve traveled around the world. I spent time in the Middle East. I met so many people from so many different countries. I worked beside them whether they were on the ship or not. “The Navy helped me develop the desire to take on more responsibility and leadership. I was a wallflower. I stood back and was quiet but after a few years, after four or five years in the Navy, I thought, ‘There is no reason I can’t do what the others are doing.’ “We learned respect for seniors. We learned to be respectful,” he said. “My time in the Navy pretty much made the me the person I am. It honed a lot of my beliefs, my patriotism for the country and how I look at and believe things.”

Hometown Christmas returns to Ocean Pines Nov. 28

he Ocean Pines Recreation and Parks Department will light up White Horse Park on Nov. 28 during the 10th annual Hometown Christmas Tree Lighting, starting at 6:30 p.m. This year, In addition to lighting 40 sponsored trees, the event will once again feature the lighting of the official Ocean Pines Association tree, along with a meet-and-greet with Santa for children, and an array of beautiful light displays throughout White Horse Park. “The Recreation Department staff is happy to be able to continue with this special event that everyone has come to enjoy and looks forward to, as the start of the holiday season,” Recreation and Parks Director Debbie Donahue said. Ocean Pines businesses, community groups, social clubs and families are encouraged to sponsor and decorate a tree for the event. Trees are 8-9 feet tall and cost $60 each.

36 Ocean Pines PROGRESS November 2020

CAPTAIN’S COVE

Cindy Welsh

ESVBA begins laying fiber optic cable on electric poles along Captain’s Corridor

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Golf Course Lots $15,000 2/205 Cleared, Pond View $15,000 2/290 Cleared $15,000 2/332 Cleared Pond View

November 2020 Ocean Pines PROGRESS

Roger Holland, Sharon Wagner elected to board, Zubco as the alternate By TOM STAUSS Publisher astern Shore of Virginia Broadband Authority has begun work extending fiber optic cable from the front enteance of Captain’s Cove along Captain’s Corridor to the back entrance on State Line Road and intends to complete the Corridor loop by the end of the year, Captain’s Cove association president Tim Hearn said recently. The installation is taking place above ground utilizing electric poles along the Corridor, Hearn said, adding that as the cable is laid, residents who live on Captain’s Cove’s main thoroughfare can contract with ESVBA as their Internet Service Provider. Hearn said a committee set up to establish micro-communities of Internet users on the streets that intersect with Captain’s Corridor and eventually all the side streets in the

Cove is at work. Shannon Wright of that committee, in remarks delivered during the Cove’s annual meeting of property owners earlier this month, said there has been good response to a survey from residents sent out by her group. As of the annual meeting, she said there had 545 survey responses, not including those that had come in that day. The Cove board of directors, in action taken in late September, voted to contribute up to $30,000 to the installation of so-called dark cable along Captain’s Corridor. Hearn disclosed that he had signed a right of way agreement on Oct. 9 on behalf of the Cove association, formally known as the Captain’s Cove Golf and Yacht Club, that would authorize ESVBA to install dark fiber optic cable the full length of Captain’s Corridor using

existing electric poles. No cable will be installed underground, and no equipment will be installed on land owned by the Cove developer, CCG Group or its afiliated companies, Hearn said at the time. Indigo Golf Partners -- Billy Casper Golf, a management company with more than 160 courses in 29 states under its umbrella and the Cove’s current golf course management company, has rebranded as Indigo Golf Partners. Based in Reston, Virginia, Indigo Golf Partners says its goal is to operate golf courses as real, profitable businesses on behalf of course owners while providing a “golf for everyone” experience that drives repeat business. The company was cofounded in 1989 in partnership with three-time major championship winner Billy Casper, who died in 2015.

Cove election -- In an election devoid of suspense because of the CCG Groups’ ability to control outcomes, Roger Holland and Sharon Wagner were elected to the Cove board of directors in results announced at the annual meeting. Wagner had been the alternate director prior to her elevation to full board membership. Holland garnered 3,389 votes compared to Wagner’s 3,974, indicating that she won some support among resident owners in Captain’s Cove. Rosemary Hall, an incumbent director running for relection, captured 128 votes, losing developer support in this year’s voting. Andrew Zubco was the election’s top vote-getter, with 4,096, in the contest for alternate board member. He has a vote only if a regular director is absent from a meeting. Officers for the coming year will be elected at a board meeting scheduled for Monday, Nov. 23. Walking and bike trails -- For Cove residents who didn’t actually realize that the Cove has a new network of walking and bike trails, the chairman of the committee that has established the trails provided details at the annual meeting. To Page 39

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Ocean Pines ribbon-cuttings

The Ocean Pines Chamber of Commerce hosted three ribbon-cuttings in the Manklin Station shopping complex earlier this month. The businesses included Seafloor Flooring and Pipeline, which share a new building (upper left), Sweet Shack (upper right) and GI Janes and JDog Trash Removal (lower left).

OPINION

38 Ocean Pines PROGRESS November 2020

FORECLOSURE SALE OF REAL ESTATE IN CAPTAIN’S COVE December 4, 2020, 10 AM To be held in the Community Room in Captain’s Cove located at 3370 Captain’s Corridor, Greenbackville, VA 23356

The following property will be auctioned: Section/Lot: 1-1228, Captain’s Cove Tax Map No. 005A10100122800 Assessed Value: $47,800.00 CANAL LOT WITH BULKHEAD TERMS: The Minimum Bid will be announced prior to the start of the auction on the date of sale. Announcements made at auction time take precedence over any print, electronic, or verbal information, including but not limited to the Minimum Bid. Successful bidder will be required to deposit with Trustee a deposit (non-refundable) in an amount equal to the lesser of $5,000 or 10% of successful bid in cash or certified funds at time of sale, with the closing to occur within thirty days of the date of said sale. Written one-price bids will be accepted for any of the properties pursuant to the terms set forth in Va. Code § 55.1-1833. There is no warranty relating to right, title, interest, or the like in this disposition. Property is being sold pursuant to Va. Code § 55.1-1833, and title will be conveyed pursuant to statute and subject to all liens or encumbrances as provided in said statute. All information for review by appointment only. Notwithstanding the Minimum Bid announced at the time of sale, the Trustee reserves the right to accept and/or reject all offers. Time is of the essence. Other conditions may be announced at the sale. TRUSTEE: Pender & Coward, P.C., 222 Central Park Ave., Virginia Beach, VA Phone: (757) 490-6261 Email: capcove@pendercoward.com

CAPTAIN’S COVE Walking/bike trails

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From Page 37 Bill Leslie said the committee • 3BR/2BA essentially has borrowed recently www.jabuildersllc.com New Construction paved roads in Section 12 and 13 for • 1288 sq. ft. the trails. As yet there are no homes • Open kitchen built in these sections, so the trails • Cathedral ceilings aren’t interfering with any construc• Trex deck & tion activity in these sections. front porch 37290 Doubloon Drive 3 Leslie said there is a proposal for www.jabuildersllc.com a park with views of Swan Gut and $134,900 $ the Chincoteague Bay at the cul-desac at the end of Shanghai. “It’s a beautiful view down Swan Sea Robin Dolphin Wahoo Ta Gut all the way to Chincoteague,” Rancher he said, adding that another poten3BR/2 BA • 1496 sq ft. tial site for a park has been identi1 Car garage fied in the middle of Section 13. He suggested the possibility of building some sort of shelter in the area for Sea Robin Sailfish Mackerel Skipjack use in rainy weather. $150,000 $204,900 $208,900 $213,900 More covid limitations -- Virginia’s governor recently reimposed Ranch Style Home Ranch Style Home Ranch Style Home limitations on restaurants in his 3 BR / 2 BA 1288 Sq Ft • $127,600 3 BR / 2 BA 1349 Sq Ft • $141,600 3 BR / 2 BA 1408 Sq Ft • $158,300 state, cutting back capacity from 75 to 25 percent, but Hearn said Marlin Ba Skipjack Tarpon II he didn’t think it would have much affect on operations at the Marina Ranch Style Home Ranch Style Home Ranch Style Home Ranch Style Home Club restaurant. There already had 3 BR / 2 BA 1525 Sq Ft 3 BR / 2 BA 1527 Sq Ft 3 BR / 2 BA 1288 Sq Ft 3 BR / 2 BA 1657 Sq Ft been curbs in place on larger gatherings because of covid. To address lower capacity numTarpon Striper Tarpon Plus Marlin bers, Hearn said it might be neces$194,600 $270,100 $212,600 $221,100 sary to space out tables more than they have been already, but other Two Story Contemporary Home Ranch Style Home Two Story Contemporary Home than that he didn’t see change in the 3 BR / 2.5 BA 1818 Sq Ft • $191,400 3 BR / 2BA 1525 Sq Ft • $189,200 3 BR / 2.5 BA 1874 Sq Ft • $193,800 way the Marina Club operates. He also said the new restrictions Tiger Shark Thresher Mako won’t have any effect on operations an at the golf course or indoor pool at 2-Story Contemporary Home 2-Story Contemporary Home 2-Story Contemporary Home 2-Story Contemporary Home ar the Marina Club. 3 BR / 2.5 BA 1774 Sq Ft 3 BR / 2.5 BA 2243 Sq Ft 3 BR/2.5 BA 1607 Sq Ft 3 BR / 2.5 BA 1874 Sq Ft s Starboard Street Committee Lo -- A committee of Starboard Street residents appointed in December Mako Tiger Shark Hammerhead Thresher of last year to address flooding on $282,600 $194,400 $253,900 $256,000 the street during normal high tides has made some recommendations on how to address the problem. The Raised Home on Pilings Raised Home on Pilings TiRaised Home on Pilings recommendations are on the agenda 3 BR / 2 BA 1745 Sq Ft • $232,400 4 BR / 3.5 BA 1940 Sq Ft • $257,500 3 BR / 2 BA 1349 Sq Ft • $174,200 for the board meeting scheduled for Nov. 23. The committee is suggesting that Raised Home on Pilings Raised Home on Pilings Raised Home on Pilings Raised Home on Pilings McCrone Engineering, which did a 3 BR/2 BA 1349 Sq Ft 3 BR / 2 BA 1663 Sq Ft 3 BR/2 BA 1745 Sq Ft 4 BR/3.5 BA 1940 Sq Ft preliminary engineering study on J&A Builders specializes in spec home sales and new home construction. All of our models are “stick built” and feature a first floor master suite with standard possible solutions earlier this year, appliance package, and Low-E windows. These are a few of our models we can build on your lot. Prices DO NOT include the the lot. Homes are of similar should be hired by the board to comdesign and may have upgrades. Prices good for Captain’s Cove, Greenbackville, Va. Only. Prices subject to change without notice. MHBR #4790 plete design work to raise the level of the road just enough to allow traffic on the street during high tide, while allowing a cross slope that preserves Hall Realty driveway access. McCrone would be asked to pro4323 Captain’s Corridor ©2017 BHH Aﬃliates, LLC. An independently owned and operated franchisee of BHH Aﬃliates, LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway Home vide a cost estimate to raise the road of HomeServices of America, Inc.® EqualGreenbackville, Housing Opportunity. VA. 23356 as suggested as well as cost esti302-381-6910 (cell) mates for other steps, including new 757-854-1604 (office) bulkheading in the area, identified 757-854-1606 (fax) in a report to be completed before the end of this month.

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COMMENTARY

Janasek hearing didn’t have to happen

hen taking stock of the somewhat peculiar public hearing Jan. 20, which transpired in accordance with Section B-08 of the Ocean Pines Association by-laws, this question comes to mind: Why was this hearing even necessary? It was not required under B-08, just one of the options. The airing of the dirty linen could have been handled behind closed doors, with action similar to censure without the public humilation of Director Tom Janasek that occurred. Obviously some directors wanted the public spectacle, to drive home a point that Janasek had acted poorly, creating a hostile work environment for General Manager John Viola. This whole process might have started with a complaint by Viola against Janasek in early November, in which words to the effect that Viola should be fired or would be fired by the board were uttered in public by Janasek at the golf clubhouse in the presence of Director of Golf John Malinowski and an employee of the Matt Ortt Companies. That’s where it started, but then it seems apparent that certain board members, notably Colette Horn, took hold of the process and drove it towards a desired outcome, a full B-08 airing of Viola’s grievances in public. Viola seems not to have desired this hearing or expected it to happen. He wasn’t even in the meetings, one on Nov. 18 in a closed session of the board and then the following day, when the decision to have a public hearing on Nov. 20 was made. Not that he should have been in attendance, just to be clear. One of the reasons the closed sessions were called was Viola’s annual performance review. These reviews are rarely if ever conducted with the subject employee in attendance.

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Viola pronounced himself “amazed” that the process had escalated to the extent of a public hearing on his grievances, and he refused to join in the public humiliation of Janasek once he had apologized and demonstrated contrition for Janasek’s own public humiliation of Viola in a number of incidents. Instead he opted for a fist bump with Janasek, meeting halfway in the middle of the room, after Janasek had apologized to him while promising that these incidents would never happen again. This was a class act, yet more proof of just how fortunate the Ocean Pines Association is to have Viola at the operational helm. What this showed was a man who listens to his better angels, demonstrating an ability to forgive that should be a lesson to all of us when facing similar challenges. He was certainly within his rights to file a grievance, but there is something fundamentally flawed with the B-08 process if someone who files a complaint has no say in whether the complaint is aired in a public hearing. Once a decision was made to conduct a full hearing, it essentially was a choice between two remedies to Janasek’s offensive behavior: removal from the board or the less draconian censure. Horn, the board’s self-appointed promoter of sanctimony and virtue, opted for the more severe penalty, wrapping it around a desire to send a message to the community that Janasek’s public behavior toward Viola could not be tolerated. She even went so far as to say her motion for removal was not intended to punish Janasek. Rubbish. That was the intent, and if she couldn’t remove Janasek from the board then she very much wanted to punish him by having his public humiliations of Viola exposed for everyone to see and hear. Payback in spades, even when it

was Viola who could have demanded payback, and didn’t. The suspicion here is that Horn and perhaps her ally, OPA President Larry Perrone, wanted to create another vacancy on the board so they could recruit a replacement, much the way they did when they recruited Frank Brown to fill the vacancy created by the recent resignation of Steve Tuttle. Had they succeeded in removing Janasek, they might have been able to find a replacement amenable to their agenda, such as it may be, and in the process changing the delicate balance on the current board, where shifting majorities can be forged depending on the issue. Perrone and Horn don’t currently control the board, as the Janasek removal vote proves. That failure was a good thing. The balance and diversity of thought on this board is an advantage and needs to be preserved until the next election. As for newly appointed Frank Brown voting for removal, he clearly didn’t consider how ugly the optics of that vote might appear to those who had voted Janasek onto the board a few years ago. Here was an appointed director voting to get rid of another director who actually won votes to earn a seat on the board. At the very least Brown should have recused himself from the vote based on the way he made it to the board. As for Frank Daly, Doug Parks, and Camilla Rogers, they are heroes for taking a measured approach to Viola’s complaint. They have served the OPA well in this regard. Horn, Perrone and Brown, not so much. Brown in particular is off to an inauspicious start as an appointed director. He needs to demonstrate some independence from his recruiters if he hopes to win a seat on the board next summer. -- Tom Stauss

Lockdowns are not the answer to covid

hen Gov. Larry Hogan issued his latest directive reducing capacity at restaurants in the state to 50 percent, while continuing to give counties the ability to impose more stringent limitations, it was a largely symbolic move that nontheless makes it more difficult for local eateries to operate profitably. During his Nov. 11 press conference the governor made it clear the upsurge really hasn’t been caused by activities in restaurants across the state, but much more so family gatherings in which masks and social distancing tend not to be observed. His frustration at this state of affairs, beyond the control of government edicts and functionaries to prohibit, was palpable. To illustrate his point that out-of-control family gatherings are the primary source of this latest wave of infections, the governor has announced

that his Thanksgiving dinner is not going to be a traditional family affair but a one-on-one with the state’s First Lady. It’s all well and good that the governor is making this sacrifice, but if he thinks it’s going to have much of an effect on Marylanders’ plans for the holidays he’s smoking something that’s legally medicinal. He acknowledges covid-fatigue, his own included, and he implores us not to give in to it. Easier said than done. During his press conference he threatened to impose additional restrictions on restaurants and other businesses if case loads continue their uward trend. That restaurant operations have little to do with the uptick doesn’t seem to matter to him. If Marylanders don’t respond the way he wants them to, then he may respond with more restrictions that will

unfairly hit restaurants and perhaps others in the business community. In answer to a reporter’s question, Hogan insisted that his covid policies to date even in the worse of the pandemid in March and April did not constitute a “lockdown,” which he pretended he couldn’t even define because, at covid’s zenith, 70 percent of the state was still open for business. It’s true that Maryland did not impose restrictions as draconian and long-lasting as, for example, California, but semantic games about the business closures imposed by the governor don’t obviate the fact that for businesses that couldn’t effectively operate for months and then at less than full capacity, the negative effects are measurable. Make no mistake: Businesses don’t want q

40 Ocean Pines PROGRESS November 2020

OPINON

42 Ocean Pines PROGRESS November 2020

November 2020 Ocean Pines PROGRESS

Not so quiet on the legal front

he Ocean Pines Association finds itself enbroiled in two, possibly three, legal entanglments, all of which seem, to varying degrees, ripe for settlement. Before each of these situations conclude, it would be nice if the OPA provides a full accounting on the costs associated with each, even if some or even all of the costs are covered by insurance. Even cases turned over to lawyers hired by the OPA’s insurance company usually involve consultation with the OPA’s primary legal counsel, Jeremy Tucker. At last check, Tucker’s time is covered by billable hours. The first case involves former Director Slobodan Trendic’s suit against the OPA intended to force a referendum on board spending authority in compliance with OPA bylaws. The bylaws set out the process by which petitions can be submitted on issues of interest to property owners, with the board of directors required to conduct a referendum within 60 days of the petitions’ aubmission to the OPA secretary. Worcester County Circuit Court Judge Beau Oglesby, a former county state’s attorney, recently ruled in favor of Trendic, ordering the OPA to comply with the bylaws and conduct a referendum on board spending authority -- reducing board capital spending from $1.8 million to $1 million. The judge stayed that decision for 60 days at the request of the OPA, which presumably will give the lawyers time to work out a settlement on attorney’s fees, an issue that the judge did not resolve when he issued his ruling in favor of Trendic. The OPA ought to agree to rea-

Lockdowns

From Page 41 hand-outs. They want to be able to operate as they did before the days of covid and covid-fatigue, with allowances for masks and social distancing. An interesting phenomenon of the latest surge in covid cases is that it seems to be affecting the states with heavy-handed government interference in their economies more or less the same as states with little or no heavy-handedness. Example: the aforementioned California. That

OPA General Manager John Viola would agree to a severance payment. The implication is that this An excursion through the curious cul-de-sacs An excursion through theby-ways curious and by-ways and cul-de-sacs matter is now a board issue, with of Worcester County’s County’s most densely community. of Worcester mostpopulated densely populated community. each director caught up in a morally By TOM STAUSS/ By TOM Publisher STAUSS/Publisher untenable position of denying a valsonable fees requested by Bruce to provide the evidence that might ued former employee in poor health Bright, Trendic’s Ocean City attor- have justified Trendic’s expulsion some token of the OPA’s apprecianey, because OPA members should from the board. Caught up in a po- tion of a long, loyal career. not have to sue the OPA to force the litical crossfire not of his making, What message does this send to Board of Directors to comply with Douty issued an extensive explana- other OPA employees? by-laws that govern the rest of us. tion of the incident that the Progress Not a good one, that’s for sure. Reasonable people can disagree published two winters ago. Jordan told the Progress recently on whether the board’s capital This is an incident that never that he has hired a lawyer to look at spending threshold should be re- should have occurred and did indeed the situation and advise him on how duced to $1 million. Indeed, there is put Douty in an awkward position. best to proceed. no project currently on the horizon He was treated unfairly. It would be unfortunate if this that would cost the OPA north of $1 Some sort of settlement that in- matter turns into litigation. million and south of $1.8 million. volves a public apology ought to be If Viola has offered an opinion Should a referendum pass or fail, it possible. that would involve some sort of sevwould have little impact on OPA fiThough not yet involving a law- erance agreement for Jordan, the nances in the forseeable future. Or suit, another legal matter that puts board ought to pay attention. of OPA members’ ability to partici- the OPA in an unfavorable light was What connects all three situapate in decision-making related to covered in last month’s Progress. tion is an apparent disinclination capital spending. This is an issue Former golf course superintendent of some OPA decision-makers to that shouldn’t be all that controver- Andre Jordan says he was fired avoid unnecessary legal expense. At sial because its practical effect is so by the OPA because, after several the same time, they aren’t treating minimal. months of medical leave related tia certain individuals with the respect But compliance with the letter rare life-threatening disease, he was and courtesy they deserve. and spirit of the by-laws shouldn’t no longer able to work. It’s never too late to do the right be this difficult. He accepts that he’s unable to thing. A second legal matter facing the perform the work as golf course suOPA involves former Human Re- perintendent, but contends he was sources consultant Nate Douty’s treated unfairly when the OPA igsuit against the OPA for wrongful nored his request for a settlement termination, which the same judge agreement that would have called has greenlighted for advancement for severance payment of roughly The Ocean Pines Progress, a journal through the court system. $35,000, give or take. of news and commentary, is pubThis matter also involved TrenJordan worked for the OPA for 35 lished monthly throughout the year. dic, at least on the margins. Douty years. It is circulated in Ocean Pines, Berwas reportedly fired by a former GM Whatever legalities might govern lin, Ocean City, and Captain’s Cove, for failing to find incriminating evi- this situation, the OPA shouldn’t Va. dence against Trendic for allegedly hesitate to provide a reasonable sevdirecting an OPA employee on a job erance payment in accord with lan127 Nottingham Lane site contrary to OPA rules against guage in the employee handbook. Ocean Pines, MD 21811 that sort of thing. Douty was placed Jordan seems to be of the opinion in the awkward position of failing that if given the authority to do so,

LIFE IN THE LIFE INPINES THE PINES

PUBLISHER/EDITOR

suggests that business closures was misguided public policy in the first place. It was always patently unfair in that big box stores like Walmart were allowed to operate more or less as usual while mom and pop stores were shuttered, before some curbside sales were allowed. In one of the more candid moments of that press conference, Hogan acknowledged the adverse societal effects of covid shutdown, including drug and alcohol abuse, domestic abuse and suicides. These are consequences just as toxic as covid-related disease. He

knows this, and he doesn’t seem like an irrational person, so one would hope that he would decide to avoid exacerbating these societal ills in the hopes of mitigating covid. But as for threats of more limitations on business activity in the state, the governor needs to back off. Stop making threats and by all means don’t follow through on them. This is advice he probably won’t follow. That’s unfortunate. Sometimes having the power to act is best used by not acting. -- Tom Stauss

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• Personal Care • Memory Care • Hospice Support • Meals and Nutrition • Companionship Care • Transportation Each Home Instead Senior Care® franchise office is independently owned and operated. © 2020 Home Instead, Inc. • License #R3740

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