November 2021 Ocean Pines Progress by Ocean Pines Progress

Bright, Daly spar over ‘conflict of interest’ allegations Newly re-elected Ocean Pines Association Director Frank Daly came in for some pointed criticism for his vote in a Sept. 30 special meeting to conduct a do-over Board of Directors election with three candidates, excluding Richard Farr. In an Oct. 3 motion to enjoin the do-over election, which had passed 4-3 with Daly’s support, Farr attorney Bruce Bright said Daly’s vote was “against the direct and publicly given advice of OPA legal counsel Jeremy Tucker.” He repeated that assertion during an Oct. 13 court hearing, and also said that Daly’s vote constituted a breach of the OPA’s conflict of interest rules In an exclusive interview with the Progress, Daly pushes back on all of Bright’s arguments. ~ Page 33

Farr attacks OPA reliance on business judgment rule The business judgment rule is a legal doctrine that says that private entities have broad discretion to make decisions that their boards of directors deem to be in their best interest, free of intervention or second-guessing by courts, except for irregular and arbitrary conduct and fraud. The rule has been invoked by Ocean Pines Association attorney Anthony Dwyer in his defense of the OPA in the Richard Farr vs. OPA candidate eligibility case. Farr attorney Bruce Bright argues that the rule is not applicable because the OPA in the 2021 Board of Directors election engaged in irregular and arbitrary conduct. ~ Page 36

November 2021

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Court to decide Farr eligibility issue in Nov. 15 hearing OPA loses on election do-over and counting of Farr ballots, with judge opining from the bench that Board votes on these issues were ‘not in good faith’ By TOM STAUSS Publisher resolution of the Richard Farr eligibility issue is expected Nov. 15, after which time the Board of Directors in a special meeting yet to be scheduled will decide whether to certify the election results consistent with what the court decides. Judge Sidney Campen in an Oct. 13 hearing in Worcester County Circuit Court set the Nov. 15 date to resolve the 2021 Board of Directors election, resisting efforts by the Ocean Pines Association lawyer to take more time for the discovery phase of the case. An expedited discovery hearing was scheduled on Nov. 1, setting the stage for Judge Campen to decide whether Farr’s disqualification as a candidate by former OPA secretary Camilla Rogers two weeks before the scheduled count of the ballots was proper. The judge has said he’s neutral or undecided on the eligibility question, but the OPA probably should not be going into the Nov. 15 hearing with a lot of confidence that its side will prevail. He ruled against a number of

Judge Campen

Richard Farr

Frank Daly

OPA positions during the Oct. 13 hearing and made it clear he was “troubled” by the way the Board of Directors handled this summer’s election. He even said it found the board’s vote for a do-over election and the deciding vote in favor of that action by Director Frank Daly, a candidate for reelection, were “not in good faith.” In a vote count ordered by the court during the Oct. 13 hearing, and conducted by the Elections Committee To Page 32

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Tom Janasek signals intention to run for the board next summer Former director says he’s running if Perrone is

Intended as a private email to his board colleagues, it was leaked to oceanpinesforum.com and posted under the headline “Janasek Again.” He’s been in trouble with his colleagues previously, once for comments purporting to claim that OPA General Manager John Viola’s days with the OPA were numbered. The other incident involved allegations that he received some financial benefit at the Yacht Club in the form of free alcoholic beverages in return for providing some maintenance on the beer dispensing sysem. After the Viola incident, Janasek apologized and vowed to do better in the future, avoiding a removal vote, 3-4. At the time, Director Frank Daly declined to join Perrone, Horn and Director Frank Brown in voting to remove Janasek under the subsequently repealed Board Resolution

B-08 ethics and conduct policy. Daly later said it was a close call in deciding to retain Janasek but that a similar offense would result in him voting to remove. The Oct. 11 special meeting was called by Perrone to consider a motion by Horn to remove Janasek, with Perrone, Horn and Brown likely votes to do so. Janasek could have tested Daly’s intentions, but chose instead to resign, explaining that he didn’t want Daly’s vote to retain his seat. “Frankly, after Frank voted for his own election, I don’t want his vote to keep me on this board,” Janasek said in a resignation statement. Janasek was referring to Daly’s vote in late September with Perrone, Horn and Brown to conduct a do-over election excluding candidate Richard Farr, a decision subsequent-

Tom Janasek

Larry Perrone

ly overturned by Worcester County Circuit Court Judge Sydney Campen. Had Daly abstained from voting, as he did during all but one previous election-related motion, the motion for a do-over election would have failed 3-3. In his resignation statement, Janasek conceded that he had given certain directors all they needed to remove him from the board. “Here I go again. I did it, you know. I said what I said. Was it appropriate? No. I could have said it another way. Do I regret sending it? Yeah, but I’m not apologizing for it,” he said. “I apologized the last time when they tried to throw me off the board, To Page 5

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By TOM STAUSS Publisher om Janasek, the Ocean Pines Association director who resigned rather than face a vote to remove him from the Board of Directors, has indicated that he may very well decide to seek another three-year term on the board in the summer of 2022. “I’m running if Larry [Perrone] is,” he told the Progess recently, referring to the OPA president and director whose current term expires in August of next year. Both Janasek and Perrone were elected to the board more than two years ago. Janasek resigned from the board in a special meeting Oct. 11 after sending his colleagues a vulgar email describing the close working relationship between Perrone and OPA Vice-President Collete Horn.

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OCEAN PINES Janasek From Page 3 because I thought it was what was good for the community. It’s been a year later and here we go again. I do make it easy to do it, but the simple fact is that ever since Larry became president, this [Janasek’s removal] has been the agenda item. This is where it’s gone. This is where it goes.” Janasek said his vulgar reference to the close working relationship between Perrone and Horn was the result of his anger toward the board majority’s decision to proceed with a do-over election excluding Farr as a candidate. “Last weekend was I angry. Oh god, yes very. We had an opportunity a month ago. We decided that we were going to count all the votes and not count Rick’s. And then all of a sudden last week, Cami (Camilla 10-21 Steen 10/11/2021 2:08 PM Page 1 Rogers, director and OPA secretary) decides to retire, resign, and oh let’s do it differently now. Let’s have a whole new vote,” Janasek said.

November 2021 Ocean Pines PROGRESS 5 He added that if the board had counted all the votes from this summer’s election, all four candidates for two board vacancies would have had their votes counted. “It’s what was good for the community. But the problem [for the board majority] would be if Rick [Farr] would have gotten the votes, the public would have clamored for him [to be on the board]. That’s what I was angry about,” Janasek said. He alluded to Perrone and Horn sharing a table on the porch of the Golf Clubhouse after the special meeting. “Mr. Perrone and Miss Horn were out celebrating a victory, starting a new election, but really what they were celebrating is rigging an election of Ocean Pines. That’s what we (the board majority) did. [The ballots] are sitting in a box. They’re ready to be counted. We could have done it, but we didn’t, and that is what bothered me the most. That’s the thing that still bugs me to this day, and really it’s a shame. It’s a travesty. I’ve talked to a lot of peo-

ple who’ve been on boards past and present, and they’ve never seen anything like it.” [During a hearing on Farr vs. OPA on Oct. 13, Judge Campen ordered the OPA to count all the ballots cast in this summer’s election, including those for Farr.] Regarding the latest incident, Janasek said he anticipated that directors who were preparing to throw him off the board would argue that they were responding to “a pattern of behavior.” Janasek said outspokenness “is who I am,” adding that he was “elected by more votes than any of the people that are on this board right now. I speak my mind. I’m doing it for the community. I don’t do it for me.” Janasek said his opposition to a do-over election reflected a desire “to not spend money [unnecessarily]. I’m trying hard not to do things that don’t benefit the whole community.” He then returned to the previous incident that almost got him tossed from the board.

“I [said I] was sorry on the last one. I didn’t have to. I did it because I thought it would bring the community together, that it would heal everything and we could go on,” he said. Janasek said he was apologizing to OPA members who voted for him two years ago “because I am not going to stay on the board when I know there’s nothing I can do, absolutely nothing. I sit in meetings with Doug [Parks], pleading his case to have something done. I look at him and go -- just stop -- because nothing’s gonna happen because this board is run by two people, plain and simple,” a reference to Perrone and Horn. Janasek has also alluded to appointed Director Frank Brown, who’s been a reliable vote in support of Perrone and Horn since he was named to fill a board vacancy created by the resignation of Steve Tuttle this past August. Tuttle said at the time that he didn’t want to serve on a board with Perrone as president. Janasek said the recent resignau

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6 Ocean Pines PROGRESS November 2021 Janasek From Page 5 tion of Camilla Rogers created a situation in which the board majority saw an opportunity to appoint directors who might be inclined to support the majority. “The minute Cami [Rogers] quit, Josette [Wheatley] was already elected [appointed] to the board. The minute they started going after me, Amy [Peck] is coming up next,” Janasek said. There were four OPA members who were announced in an OPA press release as possible candidates to replace Rogers and Janasek if he was no longer on the board. In addition to Peck and Wheatley, who were subsequently appointed, former directors Jack Collins and Tom Piatti were listed as the two other possible fill-ins. “Tom, I’m sorry you came out, but that’s what’s going to happen. I appreciate everything you’ve done ...” Janasek said. After citing Daly for his vote in support of a do-over election, Janasek said, “with that, I resign. Thank you all very much.”

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Earlier in his statement, Janasek cited what he regards as his best moments as a director. “We’ve done some great stuff. Bainbridge pond -- we haven’t even talked about that. We did a big planting on Monday. I had a big influence in that. “It’s great, because it’s going to hopefully help the flooding, and it’s also going to fix drainage issues and make the water that goes out to the St. Martin’s River clean,” he said. Janasek also mentioned his support in the summer of 2020 for a board vote delaying the due date for OPA assessments from May 1 to Aug. 1 in response to the covid pandemic. “I was the biggest person to push for pandemic relief for our people of Ocean Pines, to give them a break through [the summer of 2020], give them time to make their payments because a lot of people were out of work. I’m really proud of that. “I do everything I did on this board for Ocean Pines, not for me. No agenda, none period, and this is what I get, unfortunately. I said The Adkins what I said,” alluding to the off-color Company email.

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Janasek said that spending money unnecessarily is one of the “biggest issues” he dealt with as a director, citing legal expenses associated with the Farr eligibility case. “We have an attorney here again today. It’s almost like: Is it gonna rain today? I don’t know; call Jeremy {Tucker, OPA general counsel]. What am I having for lunch? I don’t know, call Jeremy. Nothing against Jeremy, by the way. I love Jeremy. Good for him he’s making bank, but what does he have to be here for?” He went on to thank “everybody on the Environmental {and Natural Assets Advisory} Committee that I’ve worked with for the last eight years,” including his years as a member and the last two years as

the board’s committee liaison. “The work they’ve done with the mailbox projects and with the drainage issues and and with the phragmites and all the [other] stuff. I couldn’t be more proud of that group. I hope at some point in time we actually get the mailboxes done, because it’s a huge issue, and I’ve really pushed hard to get that done. “I want to thank everybody who voted for me and everybody who’s still calling me and texting me and saying stay there, fight, fight the good fight. Don’t give up. Stay on that board because you’re the voice of Ocean Pines. You are a voice, whether people like what you say. Not everybody will. That’s just me, that’s who I am,” he said.

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Amy Peck, Josette Wheatley join OPA Board of Directors Fill vacancies caused by the recent resignations of Camilla Rogers and Tom Janasek By SUSAN CANFORA Contributing Writer s though there hasn’t been enough kerfuffle in Ocean Pines lately, on Wednesday, Oct. 20, counting of election ballots was delayed due to a power outage. It was just one more challenge in a year when the election results have not yet been certified, awaiting the outcome of a Nov. 15 court hearing in which candidate Richard Farr’s eligibility as a candidate is supposed to be determined. It’s a year in which two sitting directors, Camilla Rogers and Tom Janasek, resigned within one weeks of one another Rogers resigned in part because of the heat that was brought to bear on how she handled the Richard Farr eligibility issue, and some hate mail and even some death threats she said she received.

Janasek resigned after sending his colleagues an email that graphically described the close working relationship of Ocean Pines President Larry Perrone and Vice President Colette Horn. Janasek resigned before a hearing and a vote could be held on a motion by Horn to remove him from the board. On Monday, Oct. 11, following the resignations, Amy Peck and Josette and Wheatley were appointed to fill the two vacated positions, through August 2022. Peck wants to move on from the hubbub of recent months. She is applauding the community and, she told the Ocean Pines Progress, is probably Ocean Pines’ biggest cheerleader. “I’m very vocal about how much I love it and how much there is to do. I’m going to do my best to serve,”

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said Peck, a Baltimore native who grew up vacationing in Ocean City. Years later, she and her family bought a home in the Pines. “Once my kids started public school in Baltimore County, we made the wise choice of buying a home here in 2002,” she said. “We were looking for a summer home where my young sons and I could live when school wasn’t in session, and we just fell in love with Ocean Pines and all that it offers.” Her husband continues his career as a scientist with the U.S. Army Corp of Engineers. “My sons, Mike and Nick, attended Baltimore County Public Schools and received full tuition scholarships to Towson University and UMBC, and the oldest will receive his Ph.D. in Environmental Engineering from Duke,” she said. Wheatley, a native of Moncton in

Josette Wheatley

Amy Peck

southeastern New Brunswick, Canada, moved to the United States in 1985, as a 19-year-old young woman with little money, and said she proudly became an American. She and her husband Robert moved to Ocean Pines as full-time residents in 2019. They raised four children in Howard County, sons Thomas, Anthony and Colin, and daughter, Ashley, and now have two grandchildren. They own American Engineering Solutions, a drafting company, in Berlin. Drainage, Wheatley said, is her top concern and because of her experience and the family business she understands what is necessary to improve it.

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Her professional background includes 25 years in civil engineering, with much of that time spent as a Maryland State Highway consultant working for an engineering firm in Ellicott City. “My husband and I have been business owners for the past eight years, providing drafting services for new home construction and renovation plans, including permitting for both residential and commercial projects within Maryland, Delaware and Washington, D.C. My experience includes storm water management, roundabouts, and bridge and road designs,” she said. For Wheatley, the focus in the coming year will be to “help bring the board of Directors together and to meet the needs of the community. “I intend to listen to the community and get their voices heard. This includes the drainage issue – as it affects so many of our neighbors – as well as a proposed North Gate roundabout, and the environmental impact on our ponds, canals and our overall water quality. Promoting our community is also a top priority. We live in an amazing part of the world, where the beauty is impeccable and so are the people who live here,” she said. Wheatley has a strong interest in seeing a roundabout at the North Gate, as has been proposed, and said they absolutely reduce accidents. When proposed several years ago, there was a fair amount of opposition that surfaced, and it seemed as though the State Highway Administration was backing off on planning efforts.

“They truly do {reduce accidents),” Wheatley said of roundabouts. “It has been proven. Studies have been made. The way these come about is, accidents get logged. When there are five fatalities then these things are introduced to help keep the traffic flowing. I truly understand the challenge of the drivers when it’s new and it’s intimidating but overall they are a really good idea,” she said. She is also concerned about the environmental impact on ponds and canals and overall water quality. “That’s very important. Water is life,” she said. A member of the Communications Committee the past three years, Wheatley, 56, said she was previously asked to serve on the board but didn’t feel the time was right. This time, she was eager to help. Since moving to Ocean Pines, she has been an active volunteer. She previously served on both the 50th Anniversary Committee, and the Communications Advisory Committee, where she was committee secretary. “I have learned that the committees are the pulse of our community, and the people who volunteer are passionate in our success. In the past, I was president for my homeowner’s association in Howard County for four years. During those years, we worked on creating a financial reserve for our aging infrastructure,” she said. “I also served as a liaison of CERN, a Community Emergency Response Network, which worked u

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10 Ocean Pines PROGRESS November 2021

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board liaison for the Environment and Natural Assets Committee. That is a committee near and dear From Page 9 closely with our communities,” she to my heart. It’s one I always kept said. up with. I had been researching a As an Ocean Pines Board mem- project they are working on called ber, she wants to be a unifying force Flight Turf. When I saw Tom would and will serve as the Association be possibly leaving, I didn’t want to Secretary and liaison to the Com- leave that committee without somemunications and Elections commit- one who could step in the next day. tees. “I said, ‘I am available if you need Peck has been an Ocean Pines someone. Here are my strong suits,’” resident since 2002 and has been she said. “very active in going to all board Peck was formerly an Aquatics meetings and writing letters.” employee in Ocean Pines and is fa“Probably every director at one miliar with the department so she point has received a letter from me, sent “a very informal off-the-top-ofdisagreeing or agreeing. So every- my-head letter saying, ‘Here I am. one knew me. And one project that Here’s what I can do,’” she said. is coming up now is the effluent on Fiscally conservative, she said the golf course. I had been going to she is not afraid to invest in the futown halls about that. My approach ture. is to research the heck out of things, “I will also serve as liaison for especially if it is something new. I Racquet Sports,” she continued. researched that endlessly and asked “Our racquet center, certified intons of questions and that is prob- structors, and state-of-the-art courts ably what brought me to the fore- are the best on the East Coast. The front as someone who knows what investment Ocean Pines has made is going on,” she said. in pickleball is paying off. I see the “I wrote a letter saying I know value in investing money to improve a lot about some of the projects go- our amenities and the customer exing on. My idea about appointments perience, and in the end the growth is that(Name somebody should beMd able to in revenue that that investment ΊΙΙΛΘΟΎ΍ ψϟ ΎϊϝχϘϊ ΕϏχϔ Prince Georges Cnty of Muni Bond) just step in. Tom Janasek was the gives us. I take that same approach ΍χϚϋͧ йрͿкйͿлйкт with maintaining our current faciliΎϞϖ ϊχϚϋͧ йрͿкйͿлйлй Price: 98.500 (00.00) ties,” she said. Ί΍и “During the next nine months, I Coupon: 3.25 (00/00/00) am focusing on continuing our posWhen should you07/15/2036 start receiving Social Security? itive revenue growth and improving Maturity Date: (00/00/00) communication with the homeownCallable Date: (00/00/00 or your N/A) Think carefully about 07/15/2028 when to start receiving benefits. ers. I’m excited to work together as 100 CallYouPrice: (000) could be reducing your benefits by 39%.

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a team to continue projects in place but also I like to look forward longrange, keeping in mind the 50-year history of Ocean Pines,” she said. For the first time in history, the Ocean Pines board will be composed of three women -- Peck, Wheatley and Horn --and four men. The makeup of the board may not be decided until a Nov. 15 hearing in Snow Hill, when Judge Sidney Campen has said he will rule on the Farr eligibility issue. “Women give a different perspective. I give a different perspective. I have been a home owner with little kids in the Pines and now a retired owner here just about full time. We are trying to sell our house in Baltimore. I have been a past employee,” Peck, 56, said. As involved as she has been, she isn’t sure she’ll run for a seat on the board next summer. “It is a lot of work. I don’t think people realize. It is a huge commitment, not just time but energy, so I am focusing on doing the very best job I can do now and not even looking ahead,” she said. She wants to remind fellow residents, and those in the community, of all that is good about Ocean Pines. “I think everything is great here. I love it. I love everything it offers. I think we are in on a great track. The numbers are fantastic. The police station is done. The [Golf] Clubhouse is beautiful. Now we will concentrate on keeping the revenue growth going. I’m a big believer in

town halls and improving communication. I am so focused on my committee assignments. “We invested in more pickleball courts. At the time there was an uproar in the community but it was a smart investment. We are making money on pickleball. For us to keep making those kinds of smart investments, it is important that when you do that it pays off. General Manager John Viola and the senior leadership team have done an excellent job in cutting expenses. All those numbers are improving,” she said. Ocean Pines, Peck added, has “one of the top-of-the-line wastewater facility plants.” Effluent, the result of treated wastewater, is so good the community is permitted to dump it in the bay, she said, although as an environmentalist she prefers that doesn’t happen. If it goes onto the golf course, not as much water will have to be drawn from aquifers, she said. Ocean Pines and county officials are working on that project, she said, which would be financed by a county bond issue rather than OPA replacement reserve funds. County water and sewer customers would pay an additional $2.50 per quarter, or $10 every year, she said, to pay the debt service on the project. They could pay another $10 per year to pay for replacement of a filter press at the wastewater plant, at a total cost of $3 million, she said. “This is all still down the road. To Page 12

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Farr, Daly top the field in board election

Lakernick improves over 2020 results

he Ocean Pines Elections Committee counted ballots and announced the voting totals during an open meeting Oct. 20 in the Clubhouse Meeting Room. Results of the ballot count were as follows: Richard Farr, 1,629; Frank Daly, 1,571; Stuart Lakernick, 1,511; and David C. Hardy, 941. No special meeting of the board was called to certify the election results and seat the top two vote-getters. The board apparently is awaiting the results of a Nov. 15 Worcester County Circuit Court when Judge Sidney Campen is expected to render a judgment on Farr’s eligibility as a candidate. If Farr is declared eligible, he and Daly presumably would be certified as winners of the election, earning three-year terms on the board. If Farr is declared ineligible, then Daly and Lakernick presumably would be declared the winners of the election and certified. Habeger said the committee mailed 7,999 ballots, counted 3,041 and ruled 38 as invalid. Last year, the number of ballots mailed was affected by later assessment due dates because of the covid pandemic. The committee mailed 6,975 ballots, counted 2,759 and ruled 20 invalid. In 2019, 7,957 ballots were mailed, 3,073 were counted and seven were invalid. In the 2018 election, seven candidates ran. Daly won 2,048 votes that year. In the 2021 election, four candidates ran, and Daly’s 1571 total was 477 votes fewer than what he had earned three years prior. In the 2020 election, three candidates ran, and Lakernick garnered 1159 votes. In the 2021 election, with four candidates competing, Lakernick’s 1,511 votes improved on last year’s total by 352 votes. A Lakernick supporter, former OPA Director Slobodan Trendic, posted a message on oceanpinesforum.com opining that the increase in Lakernick vote totals would portend well should he decide to run next year, when there will be three seats on the board to be contested.

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Right now, the Ocean Pines board has just told the County, ‘Yes, we are interested.’ Now it’s in county’s hands,” Peck said. Wheatley’s immediate goal is “to do my part, as part of the community. “It’s a big list right now. I’m very proud of our general manager for the amazing job he has done. He is a kind individual. We are set. We have a goal and we are doing well,” she said. A proponent of working together, she initiated the Be Kind Project on Facebook because she found negative posts elsewhere discouraging. “I’m not interested in that. I believe in doing the right thing. Everybody has to work together. It takes a village. Be a good human. Do good things. People need to hear that,” Wheatley said. “We live in a beautiful part of the world. Love thy neighbor.”

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Peck opposes new sick leave policy Says it erodes employees’ accumulated benefits By ROTA L. KNOTT Contributing Writer ecently appointed to the Ocean Pines Association’s governing body, Amy Peck isn’t afraid to be the lone dissenter on issues before the Board of Directors. During an Oct. 16 meeting, Peck was the only one to speak up in opposition to a proposal that would strip OPA employees of the ability to accumulate large amounts of sick leave. The motion to cap employee sick leave at just 240 hours was ultimately approved by the Board with just Peck voting in opposition.

Peck argued for retaining an existing policy that doesn’t limit employee’s ability to accumulate sick leave over a period of years. “If we keep the present policy in place it helps retain your long term, your experienced, your most valuable employees and I also think it helps attract new employees. In today’s business climate with worker shortages and skilled worker shortages many businesses are actually increasing their benefits,” she said. Ocean Pines seems to be doing the opposite, Peck said, citing an increase in the employee contribution for health insurance and a reduction

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in vacation time for employees hired after Dec. 31, 2018. Now, the Board is limiting to 240 hours the amount of sick time that can be carried over from year to year. “We should not be doing anything that makes us less attractive to workers. Let’s remember our employees are now in demand. We’re in a tourist area. There’s businesses offering signing bonuses. I’d like to keep our high employee morale the way it is, high,” Peck said. She said just a few years ago, the OPA implemented an employee incentive for good attendance that rewarded those who responsibly banked their personal leave with an extra personal day if they only used 16 hours or two days of sick time. “This proposed new policy seems to conflict with that and it might have the unintended consequence of a use it or lose it mentality. Take into consideration that employees when they leave the employ of Ocean Pines they do not get paid for this sick time. It’s just gone. If they retire, they leave and go somewhere else there’s no benefit,” she said. Director Colette Horn presented two motions relating to employee sick leave, one to establish a cap on the amount that can be accumulated and another to create a sick leave bank to which employees can donate leave for use by other employees in

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time of need, at the meeting. Horn said the policies are part of the OPA’s ongoing efforts to revise and streamline the organization’s employee benefits package, update human resources policies, and revise the employee handbook. While the cap on sick leave will limit employees to 240 hours of year-to-year carryover, employees who currently have accumulated more than 240 hours leave will retain what they have and will be allowed to accumulate up to 240 hours more of sick leave over their leave balance as of the date the policy goes into effect. Peck said the OPA’s existing sick leave policy allows employees to earn a maximum of 48 hours annually but with unlimited carryover from year-to-year. She said even that policy was not really a generous policy since under the Maryland Leave Act every employee is entitled to five days. “So we’re offering six but we are allowing unlimited carryover. There is no payment of sick time once an employee leaves employment. So if you do the math, if you’re employed here for five years and you never get sick you’re gonna get 240 hours.” She asked how many employees have been with the OPA for more than five years. OPA General Manager John Viola said he didn’t know the exact number. “But it basically almost covers all our {year-round] employees. The majority have been here over five years.” Viola said an earlier proposal to change to the sick leave policy was discussed with staff, who provided feedback that was relayed to Horn. That proposal called for capping sick leave carryover with the ability for employees to hold on to anything they had already accumulated. However, he admitted that details of the revised proposal hadn’t been shared with staff. “I would say the answers no as far as a detailed description. But it has been brought up in my staff meetings and I have discussed it with them,” he said. Horn concurred there had not been detailed discussions with the employees but the OPA human resources director was involved in the development of this policy as a To Page 16

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From Page 14 representative of the employees and also to ensure that proposal falls within the law. “We also did research on the policies of the1st neighboring communities, January Worcester County, Berlin, and Ocean thru And January City. this18th. policyWe is will in keeping open January 19th. with the standard for this community for employees of municipalities or governmental organizations,” she said, adding “the idea here was to

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bring our policy in line with what is the standard for the community.” OPA President Larry Perrone said the OPA has been working on updates to employee benefits for several years. He said they have researched benefits like sick leave that are offered by nearby communities and Worcester County as well as the business community and the proposal is in line. “This is what the business world has moved to in the last ten years. This is nothing new. And I think

that what we’ve been trying to do as a board for the last several years is to try to move us to a more businesslike operation,” he said. Director Josette Wheatley, also a new appointee to the Board, gave a second to Horn’s motion to approve the sick leave policy. She agreed that “in the real world out there this does line up with it. I actually agree with most of this. I think this is a lovely idea.” Director Doug Parks said he supports the proposed cap on sick leave

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in concept but wants to see and vote on the actual policy language that will be inserted into the employee handbook. He said the language should be succinct and state exactly how the policy is going to be applied. Horn replied that the language provided within her motion is what will be inserted into the employee handbook verbatim. However, she said the human resources director will insert the policy into the employee handbook and make sure there are no conflicts with existing language in the handbook. “And so the idea today was to get approval in concept, approval of the policy and then have the language developed by our director of HR and for her to go through the handbook and make sure there are no conflicts. And then that language would come back to the board for approval,” she said. Parks said it wasn’t clear that what Horn presented was the language to go into the employee handbook. “I want to see the policy, that language associated with that policy so we know when it moves from conceptual formulation stage into execution stage that we know exactly what’s going to go in the handbook and that is what we’re approving,” he said. Horn replied “Understood.” Director Frank Daly also agreed with the concept but he too wanted to see the exact wording that will be included in the employee handbook. “I think it will help us attract and retain employees. I really don’t think it’s going to cost us any more money…” Perrone said the board will ultimately review and approve the entire new employee handbook after all of the recent policy changes are incorporated into it. A second policy approved by the board will create an employee sick leave bank to “provide a process for addressing those unusual circumstances” when an employee needs more sick leave than they have available. Peck supported the second proposal for the sick leave bank, but said, “The sick leave bank idea is a great one but if you’re limiting how many carryover hours an employee can have to 240 they’re gonna be less likely to donate sick time to people who need it. “Let’s take into account that this is happening during COVID. We recently had aquatics employees who had to be out for ten days quarantining.” she said.

OCEAN PINES

November 2021 Ocean Pines PROGRESS 17

Sick leave bank OKd for OPA employees There’s lots of fine print on new policy that goes into effect May of next year By ROTA L. KNOTT Contributing Writer hile employees of the Ocean Pines Association will no longer be able to accumulate an unlimited amount of sick leave, they will now be able to donate extra time to a bank for those who don’t have enough time to use when facing a serious illness. The Board of Directors during an Oct. 16 meeting voted unanimously in favor of a policy that gives employees the option to donate sick leave into a reservoir of time or bank to be used for employees who need to borrow sick time to bridge the gap between an illness and accessing long term disability benefits. “This allows for employees who have an excess of time not to simply lose it but to be able to gift it to their fellow employees,” Director Colette Horn, who served on a work group that developed the proposed policy and made the motion for approval, said. The sick leave bank works in conjunction with a new policy that limits employees to 240 hours of accumulated sick leave that they can carry-over from year-to-year. “And so the two motions together I think encourage responsible use of our sick and safe leave policies,” she said. The majority of the OPA’s employees are longer term employees who have accumulated quite a bit of sick time and they will cap out on accumulation under a new policy also approved at the Oct. 16 meeting. She said that means they will have an excess of sick leave hours that they will be able to donate into the sick leave bank for use by their coworkers. “The idea is that the two policies kind of work hand in hand,” she said. Director Amy Peck, who opposed instituting the 240 hours cap on employee sick leave carry-over, supported the sick leave bank but wanted to know more about how it will work. “So you’re saying that the long term employee who has 1,000 hours is gonna be able to keep those 1,000 hours plus have the 240, and can donate those other 1,000 hours to the sick bank?” she asked Horn.

Horn hedged on answering the question, saying only that “there are limits to what each employee can donate in a year.” She added that each employee can evaluate their pool of sick leave hours and determine

what they would like to donate. “And certainly, those employees who have more hours than they would likely be able to use would be incentivized to donate to sick leave bank,” she said.

In the past, Horn pointed out sick leave has been gifted by one employee to another in an informal way without any consistent process being in place to allow that. “We wanted to correct that issue as well,” she said. Horn’s motion was for the board to approve a policy providing for employees to give sick and safe leave time to coworkers in need to go into effect on May 1, 2022, at the beginning of the OPA’s fiscal year. The policy will provide for the gifting of u

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18 Ocean Pines PROGRESS November 2021

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WORCESTER COUNTY RESIDENTS ONLY!!!

Household Hazardous Waste Collection Saturday, November 27, 2021 10 AM-2 PM Collections to be held at

OCEAN CITY PARK & RIDE, RT. 50, WEST OCEAN CITY

Household Hazardous Waste Collection WHAT WILL BE ACCEPTED:

Computers & Laptops (No Other Electronics) Gasoline • Gas/Oil Mixtures • Fuels • Acids Cleaners • Solvents • Automotive Fluids • Bleach Ammonia • Pool Chemicals • Pesticides Dark Room Supplies • CFL Light Bulbs • Batteries Insecticides • Herbicides • Oil-Based Paints Thinners • Turpentine • Wood Preservatives Wood Strippers • Etc. All of these materials will go to a HAZ MAT disposal site. Dispose of solidified water based paint in trash. (to solidify – add dirt, sand, kitty litter, mulch, etc.) THESE ITEMS WILL BE ACCEPTED AT OCEAN CITY PARK & RIDE, RT. 50, WEST OCEAN CITY NOVEMBER 27, 2021, 10 AM - 2 PM

WHAT WILL NOT BE ACCEPTED:

Explosives • Ammunition • Medical Waste Radioactive Materials • Picric Acid • Asbestos Televisions • TV Remotes • Keyboards Mouse • Printers • Modems • Scanners • Cables Misc. Computer Parts • VCR’s • CD Player’s Calculators • Cell Phones • Radios • Stereos CB Radios • Fax Machines • Misc. items

ELECTRONICS WILL NOT BE ACCEPTED

For more information on this event, Please call Mike McClung, Recycling Manager 410-632-3177 Ext. 2405 or email at mmcclung@co.worcester.md.us No Materials will be accepted from Business, Industrial or Commercial Sources.

OCEAN PINES Sick leave bank From Page 17 sick and safe leave to employees in need of bridging their accrued sick and safe leave when transitioning to long term disability. “This also was benchmarked against the communities around us and it is very much closely aligned with the policy that Worcester County has for a similar program gifting of sick and safe leave and it’s believed that it reflects the community standard in this regard as well,” she said of the proposal. Director Doug Parks said he supports the “concept of shared sick leave” because he knows of companies that have a similar policy and “it seems to worked out quite well.” He noted that the OPA’s policy says employees are encouraged to join the sick leave bank but are not required to do so. He asked OPA General Manager John Viola about the staff sentiment regarding the proposal. “Were they supportive?” Viola said generally staff feedback was ‘this is way better than what was first proposed,’ which was a use it or lose it cap on sick leave with no opportunity for banking it. “Some are fine with it; some are OK” because they don’t lose sick leave if they donate it to the employee bank. “My impression was they were OK with it.” Director Frank Daly called the employee salary and benefits that were in place three years ago “a mess” and said the board and administration has been working to bring them more in line with neighboring communities and the business world. “We’ve gradually taken that mess and we’ve moved it to a contemporary competitive businesslike model,” he said, “Where we’re not giving away the store but where we’re not penalizing ourselves in terms of being able to recruit employees.” Peck questioned the language in the proposal stating that use of the sick leave bank is for employees transitioning to long term disability. She wanted to know if that is the only time employees will only be able to access the sick leave pool. She asked if employees will be restricted to using the sick leave bank to those who are going to go on long term disability or if employees can use it if they need additional sick time because of an major event like an injury in a car accident. “If they get to the point where long-term disability is required be-

cause of term of their absence this would bridge the gap,” Horn replied, side-stepping Peck’s question. The policy submitted by Horn states that “the purpose of the bank is to provide sick leave to members of the bank after the member’s sick leave has been exhausted.” OPA President Larry Perrone said there are specific requirements related to short-term, long-term, and Family Medical Leave statutes and it takes time for each to become effective. Employees who use up all of their sick time can use the pooled time as a bridge while waiting for long term disability to kick in, he said. “It’s not just to give away time for somebody who constantly takes time off for the Monday morning flu. It’s for serious issues,” Perrone said. All non-seasonal full-time employees who are in active pay status and have a balance of 48 or more hours of accrued unused leave are eligible to apply for membership in the sick leave bank during open enrollment to be held during April of each year, to be eligible for benefits as of May 1 of the same year. Vacation time may be converted to sick leave to qualify only to fulfill the initial requirement. Each member of the bank would be required to contribute eight hours of sick leave per fiscal year. Contributions to the pool will not be credited to the employee’s accrued sick leave if they cancel membership in the sick leave pool for any reason. Employees can’t contribute more than eight hours per fiscal year. If grants from the bank to employees who need additional sick leave exceed the balance in the bank, an additional eight hours of sick leave time will be taken from every employee who signs up to donate. Employees returning from paid leave under a sick leave grant from the bank must contribute eight hours back to the bank within the first 60 calendar days of return to work. Employees can apply for a grant from the bank in the event of temporary but prolonged, catastrophic, incapacitating personal illness, injury, or quarantine of the employee during regularly scheduled workdays. To be eligible for a grant, a member must have an available balance of 48 hours or more of accrued, unused sick leave, at the commencement of the period requiring the leave. Grant requests must be accompaTo Page 20

November 2021 Ocean Pines PROGRESS 19

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The Kiwanis Club of Greater Ocean Pines - Ocean City installed new officers on Sept. 2 outdoors in White Horse Park. Incoming President Tim Lund (left) accepted the gavel from outgoing President Steve Cohen. Other officers for the new year are Secretary-Treasurer Carolyn Dryzga, recording Secretary Pat Winkelmayer, Assistant Treasurer Patricia Baglieri, President-Elect Bob Wolfing, Outgoing President Steve Cohen, and board members Dick Clagett, Tom Southwell, Jackie Dubin, Dave Landis, Roy Foreman,and Sue Wineke.

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From Page 18 nied by a doctor’s statement confirming the cause of the absence or confinement. Requests of up to 80 hours will be granted to eligible members of the sick leave bank. Requests for grants of sick leave from the pool will not be approved for maternity,

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Helvey starts petition to end plan to spray effluent on golf course

Questions board’s authority By ROTA L. KNOTT Contributing Writer rguing that the proposal is environmentally unsound, isn’t supported by residents, and would violate a cap on the Board of Directors’ spending authority, one property owner wants to end plans for spray irrigating the Ocean Pines golf course with treated wastewater. Grant Helvey spoke out against the proposal to pipe treated effluent from the Ocean Pines wastewater plant to the golf course for disposal during the Public Comments segment of the board’s Oct. 16 meeting and has since started a petition to stop the project. Helvey’s petition calls on residents to sign it and “stop the $3.4 million sewage water boondoggle.” His petition says “the Worcester County Government and Ocean Pines Board of Directors are pursuing a plan to spend an estimated $3.4 million to irrigate the Ocean Pines golf course with sewer wastewater called effluent: Defined as ‘Waste material (such as smoke, liquid industrial refuse, or sewage) discharged into the environment especially when serving as a pollutant.’ “The $3.4 million project would be repaid through increased water bills. The impact on human health or the natural environment have not been evaluated by the Ocean Pines Environmental and Natural Assets Committee. The authority of the Ocean Pines Board of Directors unanimous support for this project exceeding $1 million without a referendum is in question.” Helvey brought his opposition to the board during the Oct. 16 meeting, saying “the real thing that made me get out of the house this morning and come to this meeting is a concern that I have about a plan that seems to be evolving,” Helvey told directors. He said that there seems to be a perception that “the public has bought in on the idea of spending $3.4 million to replace the golf course irrigation system… to change the water supply for that system to use the effluent from the sewage treatment plant.” The project, which was proposed and brought to the Ocean Pines As-

November 2021 Ocean Pines PROGRESS 21

Despite reports in the media and the board voting to send a letter to Worcester County in support of the project, Helvey said there isn’t public support for the project. And, he said, a vote by the board may no lonto endorse the county-funded project due to spending cap ger be unanimous because there are two new directors. sociation for consideration by the proval to move forward. “I sent the board an email on this Worcester County water and waste“I think that a referendum would subject, a rather comprehensive one water division, would divert treat- probably be in order even if it wasn’t I thought, asking that more or less ed wastewater effluent to the golf $3.4 million,” he added. that you reserve your opinion until course. The effluent would be apOPA President Larry Perrone dis- the community had an opportunity plied to the golf course using a spray agreed and told Helvey that “while to learn more about it and buy in on July 2 OPINION irrigation system. you may have an opinion” that the it,” he said. “And I expressed some fession reportedly sets a range of 30 to 70 percent as Clarke points to RegardlessCommentary of Worcester County’s association needs to hold a referen- serious Election concerns…” within acceptable limits for ACC funding. The OPA Club deficits. Clark From Page 52 its replacement reserve said at thehe low endhisedition of the Prog involvement, Helvey alleged that dum on the currently proposedfunds project, that Helvey sent email on by the multitude of candidates. of the “acceptable” range. should be used for a the project would be subject to the $1 isn’t going to happen. “Ocean Pines the subject went to the entire board, Supik is seen as a Thompson cheerleader, and For what it’s worth, Thompson reportedly has Let’s look at the t million cap on the will not be spending a dollar,” he funding someone in the moldboard’s of Pete spending Gomsak, a former board recommended 50 percent of the ACC, toabe open.form An OPA mem but he only received response 30, 2016, (end-of-fi member and current assistant OPA treasurer very asachieved years; recommendation is conauthority, even though the county said. “And a result,over we ten don’t be- thetwo members, newcomer Amy Peck statement to conclu much aligned with the Terry-Jacobs faction. tained in a document that the board majority won’t would beGomsak building the system with accountants, lieve that welet need havetoathe referand Perrone. He took issue with not performed well Both and Supik are retired him to release OPA membership. The statement is both are identifi ed with the notion reserves A 50 percent funding level still would require a sigu dollars raised from a bond issue. that OPA endum.” site (under forms an are underfunded, and both are wedded to the idea nificant increase in the lot assessment, over a number “This is clearly aware that Operational statem that the board OPA’s reserve levels should be tied to someof years, and talking about assessment increases is appear in departm thing called the annual cost (ACC), a comnever popular, especially during election season. there’s a spending limitcomponent of $1 million annual audited fina putational confection conceived and embraced by the The rationale for keeping the document secret, acwithout a referendum. August. The unaudi accounting profession. That has been cording to Thompson, is that it is a working document Gomsak Terryby tried persuade made awareand to you the to court,” he Supik to run involved in the updating and completion of the OPA’s the “official” ones a The Yacht Club’s for the board last year, failing to do so, but they sucongoing reserve study. said, calling it an “around the corWoodeditself 3/4isAcre $76,219; a year earl ceeded this year. That’s absurd, because Large the document com- Waterfront nerIfway of having it done” candidate since theof this particu- plete and has been referenced in one or two board Granted, the yea anyone is the anointed Lot With Riparian Rights Tonifi Build A cant, but a loss lar faction, it’s Supik spades. meetings. Property owners paid for that document, county would spendinthe money and hefty funded depr Supik has said that, as chairman of the Budget and and it ought to be released immediately. Dock And Allows One To Construct then recoup its investment through ing) this past year Finance Advisory Committee, she is used to navigating Thompson seems willing to release it, but he’s beA Home Of Their who Choice. Compare through the annual in very roiled waters, forging a consensus in a group ing stymied by some of his board overseers, in increasing water rates. Supik could hav with, at times, sharply conflicting views. this instance prefer secrecy overTo disclosure and trans-You Have Price Size Of Lot And “IOther seriously question theyears courthave said that parency. Perhaps they fear that the Thompson recom- had sheAindulged i candidates overifthe most recentl numbe they, like Supik claims end board factionalmendation could become Bargain! an election issue, adversely would agree that younow, havecan the auSupik also seem ism and infighting. It continues, despite the best efaffecting certain candidates, particularly Supik, who thority to approve this even in (rather than repairi forts of those who sayofthey can end it. has been open in her viewpoint that OPA reserves are nities, with the Cou Factional infighting will probably continue regardunderfunded. concept without the support of the current minority fac less of who is elected this year. It goes with the terWhat they don’t seem to realize is that by keepcommunity,” Helvey told the board. it’s not certain whe ritory. It becomes ugly when the infighting becomes ing it secret, it could also have the effect of adversely Berkshire Hathaway PenFed Realty He questioned board part of the majorit personal, such as whether when one the director says he’s going to affecting certain candidates, particularly Supik, even Ocean Pines South Gate 11001 Manklin Meadows Lane, Ocean Pines MD 21811 strongly biased in th throw a colleague the wall for the temerity more so than if they had allowed Thompson to release has the authoritythrough to promote the The candidates m of seeing issues differently. his recommendations, and their rationales, to the OPA 410-208-3500 • 1-866-666-1727 (Toll Free) project atPines’ the cost of $3.4 continued tenure a Ocean ACC has beenmillion estimated at roughly membership. mon, Daly, $14 million, whichacould mean that OPA reserves Supik also has come under fire from board ©2021 BHHare Aﬃliates, LLC. An independently owned and operated franchisee of BHH former Aﬃliates, LLC. 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22 Ocean Pines PROGRESS November 2021 Spray irrigation From Page 21 Perrone’s response, which Helvey said essentially defended “authority of the board to continue this project without a referendum even though it’s estimated to cost $3.4 million.” He was happier with the response from Peck, who he said at least responded to all of his concerns even if he didn’t agree with her. “I was very very pleased to receive that response,” he said, adding, “It was extremely comprehensive. It seemed to address my concerns or answer my concerns almost all of them. It didn’t change my mind, but it showed me that you have the ability to listen to the community and respond to their concerns in detail.” In her email to Helvey, Peck said the Ocean Pines treatment plant produces high-quality effluent but it is all being discharged into the bay. “This proposed project helps protect our aquifers and at the same time improve water quality in our Bay,” she said. Peck said she has been researching the use of effluent for years. “I have zero health concerns for our community. There have been numerous peer reviewed studies that measured soil, aerosols, and even the golf clubs, balls and hands of golfers. There is no E. coli or harmful bacteria detected,” in the efflluent produced by the Ocean Pines treatment plant, she said. Helvey said he doesn’t believe the board has properly aired the matter in public and that many property owners don’t even know what effluent is or about the project. “I’m still opposed to the project. And it appears to me from press reports that it is heck bent for leather to happen,” he said. As for effluent, he called it “a nui-

sance to the environment.” Helvey called on the board to gather a great deal more information about the effect of effluent on the golf course, public health, and the long-term effect of it on the community as a whole. “And the possible effect of its contamination of the canals and flowing right back into the same river that you’re trying to keep it out of,” he said. He urged the board to provide more information and get feedback from property owners. He encouraged directors to “find a way to have a public meeting with a great deal more information and a great deal more exchange of information between the community and the board before you buy in as a group.” Perrone pointed out there have already been two OPA town hall meetings on the subject. “So your comment that we are not getting feedback from the community, I have to disagree with. We’ve already had two town hall meetings. We intend to have further meetings.” Perrone said the board is seeking community feedback. “As I said this project is in its early stages. We haven’t even seen a draft contract from the county.” He said there are still a lot of details to work out, such as issues regarding easements and maintenance that have to be addressed. “So I just wanted to make sure for the record that you’re clear we have had already two town hall meetings. If you chose not to attend or other people in the community chose not to attend that’s up to you. But I have to disagree with you saying that we have not gone to the community. We have and we will again,” he said. In her email to Helvey, Peck said the project is not a done deal even though the board voted 7-0 to send a letter of support to the County.

OCEAN PINES

Pickleball courts may need wetland mitigation Viola working on adding doors to Golf Clubhouse community room to address noise issue By ROTA L. KNOTT Contributing Writer mprovements at the racquet sports center to create four new pickleball courts may force the Ocean Pines Association to mitigate wetlands that have to be disturbed for the construction. General Manager John Viola during an Oct. 16 meeting told the Board of Directors that the OPA is still waiting on permits from the State of Maryland for the proposed pickleball courts and there are issues with the addition to the amenity that are being worked out. “I have received a lot of questions on this,” Viola said of the pickleball court project. Viola said there were three problems with the plans submitted to the state, including one that was just a typographical error. The OPA’s consultants, Vista Design Group, are working to address the issues. The second, and more challenging problem with developing the new courts, is that 68 square feet of wetlands mitigation may be required. Viola said the mitigation could be accomplished on-site at the racquet sports center or the OPA may elect to complete the mitigation at another location if there is not adequate space on-site to do so. He did not disclose the alternative site. The third issue Vista Design Group is working on involves a bioswale, which serves to eliminate or reduce nontidal wetland impacts. The bioswale is a landscape element designed to remove silt and pollution from surface runoff water instead of using piping. “We are waiting for the permits. We’re about as close as can be,” Viola said. “I’m being told that we are close. We’ve done everything possible.” u

“This is not an absolute commitment. We still have a long ways to go. Bond money needs to be secured and a draft agreement put together. Just getting the necessary pollution disbursement permit can take months. I will be very vocal in asking the other board members that

we continue to have town halls and inform the public of any and all progress,” she said. OPA General Manager John Viola offered to meet with Helvey individually to review the proposal and answer any questions he would have about the project.

November 2021 Ocean Pines PROGRESS 23

OCEAN PINES Viola said earlier this year when the courts were approved that the addition of the new courts will likely bring the racquet sports complex to near build-out. He said staff worked with Worcester County officials to garner approval for the new courts in the designated locations, but there isn’t much more the OPA can do on that site. The new pickleball courts are being added next to existing courts on the site at the request of members of the pickleball membership, which often has to wait for court availability. The four new courts occupy roughly the same space as a full tennis court. Improvements are also being made at the Golf clubhouse, where a long-awaited railing has been installed on the patio allowing dining and drinks outdoors. Viola said stairs to the patio have been in place for about a year and a half but because of the pandemic, the OPA couldn’t get railings for the stairs. They finally arrived and were installed last month providing the opportunity for golfers and other diners to have brunch, burgers, or beers on the patio, he said. “It’s a success,” Viola said, adding, “Everybody’s having a good time. It’s really a great patio there.” He also encouraged residents to visit the clubhouse to watch football. The OPA has the NFL Sunday Ticket featuring nine large television screen and food and drink specials.

To improve the usability and acoustics of the community room at the clubhouse, Viola said he is considering installing interior doors on the room. “We have the clubhouse and the clubhouse has a community room. It’s not golf. It’s a community room that’s shared by everybody. We do meetings in there,” he said. “Some of the feedback I’ve received is that it’s open. It’s open to the lobby and that was by design. We wanted the light. We wanted the view.” However, Viola said the open meeting room is noisy. “I’m being told as far as when there are meetings or banquets or whatever we really need some type of doors or something. So right now I’m just putting this out there. This is what I’m looking at,” he said. Viola told the board he is investigating the options and cost of installing glass interior doors similar to those on the front entry of the clubhouse to close off the meeting room from the rest of the facility. He said the doors will still let in light but yet it will enclose that room and hopefully help reduce the sound intrusion in the rest of the building. “They will cut down on noise and distractions when the room is being used,” he said. He said the doors will be all glass and will not detract from the view when entering the building. They will not impede the use of the restrooms by the bar area or the golf pro shop, he added. Viola estimated the cost of the new doors at $7,978, with Public Works crews doing the framing.

Action on non-lethal method of deterring geese postponed Directors likely to take up proposal at their November meeting By TOM STAUSS Publisher non-lethal method of deterring geese from taking up residence around Ocean Pines, especially at the North Gate pond and at Veterans Memorial Park at the South Gate, had been tentatively set for some debate and possible action at the October meeting of the Board of Directors. But it didn’t happen, possibly delayed by the resignation of Director Tom Janasek from the board earlier in the month. Janasek had been the board’s liaison to the Environment and Natural Assets Advisory Committee. The committee is recommending the Ocean Pines Association plant a test patch of Flight Turf, a patented and proprietary turfgrass blend that is used at airfields, to determine if it is an effective goose management tool. Janasek presented the topic for discussion during the monthly Board of Directors meeting Sept. 15. After discussion, Director Colette Horn suggested that the committee come up with a report explaining

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Flight Turf and other options at the board’s October meeting. “In light of all this work the committee has done looking at other alternatives that the committee seems to be ruling out, I think it would be instructive for the board to be educated about what those other options are and what the balance of positives to negatives are,” she said. The information provided would help in supporting the committee’s recommendation that the board not consider those other options but to pursue use of Flight Turf as a goose deterrent, she said. Horn suggested Janasek ask the committee to prepare a report and summary of goose control options that it has reviewed and submit it to the board for its discussion at its October meeting. Janasek never had the opportunity to follow through on that because of his resignation from the board. That task fell to newly appointed director Amy Peck, who succeeded Janasek as the committee’s board liaison. “On Sept. 15, when I was just in the audience and not sitting up front [as a director], the board had requested more information from ENA,” she said in a recent email to the Progress. “Unfortunately, a charging document was not given to the Committee. I have presented them with a charging document requesting the additional information.” Peck said she has had “many conversations with Ms. Sharon Santacroce regarding Flight Turf. She is a treasure of information and research and an asset to the committee.” The committee had Flight Turf on its Oct. 27 meeting agenda, which General Manager John Viola and Public Works staff were scheduled to attend. Before [her] appointment [as board liaison], “I had done my own independent research and had expressed support of the project to the u

24 Ocean Pines PROGRESS November 2021

OCEAN PINES

Geese control From Page 23 board and the committee,” she continued, noting that the Flight Turf proposal had been endorsed by the committee 8-1. During the September board meeting, Director Frank Daly said he didn’t want to waste a month to discuss the proposal and seemed ready to endorse the test planting of Flight Turf. “If it’s good, we don’t want to lose the year,” he said. At a cost of just $2,600 an acre, Daly said it will not be that costly to test plant the Flight Turf. He said the entire grassy area at the North Gate pond can’t be more than three or four acres. “If this seed really is recommended to be planted in the fall and we wait until the next board meeting which is going to be October, is there a danger we’re going to lose the planting season?” Janasek responded that it is a very durable seed and can be planted later in the fall. He said he didn’t think waiting a month to discuss moving forward with the proposal would be detrimental.

Volunteers pitched in to plant vegetation at Bainbridge Pond in early October, one of the final steps in the months-long pond improvement project.

OPA partners with volunteers, Vista, and Coastal Bays for Bainbridge planting project

ozens of local people pitched in at Bainbridge Park in Ocean Pines on Monday, Oct. 4, helping to plant new vegetation around the pond area. The planting was among the final

phases of Bainbridge Pond improvements, said to bolster water quality and reduce instances of flooding in the area. Participating in the event were the Ocean Pines Public Works Department, the Ocean Pines Garden Club, representatives from the Maryland Coastal Bays Program and Vista Design, Inc., and local college students and other volunteers. Richard Polk, principal for Vista Design, said the new aquatic landscaping – including 50 trees and 50 bushes – would help remove nutrients and supply stability for the pond. “It will foster a robust buffer for the improved pond, and also provide some shading through the trees for the water, to keep it from getting so hot in the summertime. It will also

provide a habitat for animals,” Polk said. It was a beautiful, sunny day and Polk said the early October weather was perfect for planting. “It’s still warm enough and the water tables are coming back up, and that will provide exactly what these trees and vegetation need,” he said. Polk said the trees and bushes would go around the perimeter of the pond, and some additional landscaping would be done around the newly planted aquatic benches. “Those were installed in the pond and the new vegetation will help hold that aquatic bench in place and provide a habitat for small animals. It will also help filter the water and remove more of the nitrogen phosphorus that we’re trying to capture,”

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OCEAN PINES

November 2021 Ocean Pines PROGRESS 25

he added. Polk said the plantings were part of the water quality grant awarded by the Maryland Department of Natural Resources. “It is really one of the latter phases,” he said. “The improvements were done this summer, and now the landscaping is going in to help preserve and further enhance the water quality improvements that were done,” he said. Polk added that Vista and Maryland Coastal Bays would watch the area over the winter. “I don’t envision any issues, but if there are we’ll come back out and do maintenance in the spring,” he said. “At that point, we’re just going to monitor the longtime health of the area and make sure that everything stays stable.” For Ocean Pines residents, Polk said the work would produce better quality water and some reduced flooding. No one has suggested it’s a complete fix. “It is a water quality project, and it does that through nutrient uptake in the plants as well as sedimentation of small particles in the plants.

Exp. 11-30-21 Expires 10/31/21

Volunteers hard at work on planting day.

It does prevent a lot of the nutrients – phosphorus and nitrogen – from reaching the St. Martins River,” Polk said. “What it means for the residents is, if you’re downstream of it, you are having better water quality,” he continued. “We’ve also made improvements in the amount of water that leaves here during a storm event,

and we’ve given Ocean Pines the ability – if they know a large storm is coming – to pump this pond down in the days leading up to that event, thereby storing more of that water during a large storm to prevent flooding downstream.” Maryland Coastal Bays Executive Director Kevin Smith said his organization has been involved with the project from the start, including working with Worcester County and state officials to secure grant funding. Smith said Maryland Coastal Bays also aided in similar activities with the Town of Berlin, including stormwater improvements there a few years ago. “We like working with communities like Ocean Pines and the Town of Berlin to help get some of their stormwater management issues done. Obviously, that’s a big need in the area and it’s not going to go away,” he said.

“What we’re hoping in Ocean Pines, is that we’re going to be able to retain some more water here and get better water quality leaving Ocean Pines and going to the coastal bays. So far, it looks great.” Smith continued. “We’ve got a lot of volunteers here today and it’s a great day for it.” Ocean Pines Public Works Director Eddie Wells said about eight members of his staff took part in the planting. “Public Works is doing their part to help out, and we’ve been involved throughout the whole process, starting all the way back with the planning,” he said, adding that the improvements at Bainbridge have already started to pay off. “It’s doing what it’s supposed to do in improving the water quality – that’s the main thing,” he said. “This is basically the last phase, and after this we just have a little bit of paving to do.”

Exp. 11-30-21 Expires 10/31/21

Signage at the park describing the scope of the the Bainbridge project.

26 Ocean Pines PROGRESS November 2021

OCEAN PINES

Committee chair asks for action to remedy ‘treacherous’ crossovers Board encouraged to support crosswalks, paths and other improvements to make Ocean Pines more pedestrian and bycycle friendly By ROTA L. KNOTT Contributing Writer he lack of crosswalks at major intersections like Manklin Creek Road and Cathell Road makes crossing the Route 589 dangerous for Ocean Pines residents who want to access businesses on the far side of the highway by foot, according to one advocate for pedestrian and bicycle access. “It’s treacherous. I’m a confident road rider and it’s treacherous,” Patti Stevens, chairman of the Ocean Pines Association’s Recreation and Parks Advisory Committee and cochair of the Worcester County Bike and Pedestrian Coalition, said of the intersection of Manklin Creek Road where residents regularly cross on

foot to reach the Food Lion grocery store. She said there are many older residents and parents with small children or pushing strollers, as well as bicyclists crossing Route 589 at that location and at Cathell Road. She said they are buying their groceries at Food Lion and crossing the highway with bags of groceries and walking back to their homes within Ocean Pines. Stevens encouraged the Board of Directors during the Public Comments segment of an Oct. 16 meeting to consider supporting crosswalks, paths, and other improvements that can make Ocean Pines and the surrounding area more pedestrian and bicycle friendly.

“There’s some really exciting and important work going on at the county-wide level. In fact, at the Eastern Shore level to improve the safety and accessibility of biking and walking for our communities,” she said, adding “there’s a lot of research that show that the health benefits, the economic benefits. And the community cohesion benefits of communities that have safe walking and biking are tremendous. They’re demonstrated across the world.” Ocean Pines in particular has become more a community that is “more intergenerational” with many young families now living there alongside older residents. That means there are people with strollers, walkers, walking dogs and rid-

ing bikes now throughout the community, she said. Stevens said in many ways Ocean Pines is a community that attracts people who have an active lifestyle and want to be able to walk or ride a bicycle in the area. “But we could do more to make this even safer and better,” she said. Worcester County has appointed County Attorney Leslie Roscoe and Dallas Baker, public works director, to work with the new Worcester County Bike and Pedestrian Coalition to develop a county-wide plan greenway plan, she said. That plan will establish priorities in the county’s comprehensive plan “when roads are redeveloped, when neighborhoods are redeveloped, when the casino front is redeveloped, when Racetrack Road gets funding for improvements that bike and pedestrian safety be considered,” she said. Stevens, who is also a gubernatorial appointee to the Maryland Bike and Pedestrian Advisory Committee, added that the Ocean Pines u

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Viola, Martin update board on replacement reserve study

November 2021 Ocean Pines PROGRESS 27

Work session Nov. 10 to unveil ‘DMA-light’ By ROTA L. KNOTT Contributing Writer roperty owners will get their first glimpse of an updated study of the Ocean Pines Association’s replacement reserves during a Nov. 10 Budget and Finance Committee work session beginning at 9 a.m. at the Golf Clubhouse. The study, referred to as “DMAlight” by General Manager John Viola, is an update to a 2018 document prepared by Design Management Associates Inc. and is an updated tool for evaluating the reserves based on anticipated capital replacement needs. “At a cost of $16,590, the updated reserve study is a very good exercise and a beneficial tool to be utilized for budgets, planning, analysis and other financial and management decisions,” Viola said in an Oct. 16 Board of Directors meeting. “Several years ago we finally got that DMA study off the ground. It had been out there for a while,” he said, adding “I believe it was successful. It’s a very valuable tool. It’s a good exercise. Back then when I was chair of the B&F committee, I said in several years we’ll do a lite study.” He said DMA has a proprietary tool that is useful in updating the reserve study so the OPA doesn’t have to create a system in-house. “We’re not going to buy something like that. We don’t have the manpower to do it.”

Improvements From Page 26 community has to show that this is a priority for it as well. She said when Ocean Pines makes improvements along the roadways it should give attention to crosswalks, widening the roads or making the shoulders safer, and making sure there aren’t pits and holes and drop-offs that could be dangerous for pedestrians and bicyclists. “I’ve done some sketches on what it would take. This is a big vision but to actually link our community with and off road walkway from the North Gate to the South Gate that

Because of the recent additions and changes to the OPA’s facilities and capital improvements, Viola said the reserve study needed to be revised. “I thought it was a good time to do it. So it’s a good tool. I had it as a key objective. It’s been completed. We gave it to Band F. They came back with their questions,” he said. Linda Martin, OPA office manager, said association department heads and the Budget and Finance Advisory Committee have reviewed the draft document and provided information and questions that will be reviewed during the upcoming work session. Representatives from DMA are reviewing the questions and will address them at work session on Nov. 10, which is open to the public. Viola also reported on ongoing efforts to transition the OPA to the NorthStar software system. “Overall system stability of modules in play has been trending in the right direction,” he said. Still, in-house issues have now slowed the Northstar installation within OPA. The OPA lost onsite IT staff and had to find a replacement. “We did have somebody resign on the IT side. We did hire another director of IT who will be starting shortly. In the meantime, Steve Phillips has rolled up his sleeves and he’s taken that on for us.” Viola said he spoke with North-

then could continue along to Showell Elementary School. There are state grants available for safe routes to school. There are state grants available for off road bikeways,” Stevens said. But Ocean Pines would have to develop a plan for how envisioning the community as being safer for walking and biking, she said. “I believe it’s in the interest of the whole community as people age to be able to walk and get around and for recreation and for our residents. Stevens said she will continue to update the board on these issues and ask for the OPA’s input and thoughts.

Star representatives several months ago about the issues that have plagued the installation in Ocean Pines. He said they assigned “more resources” to the project and since then the service tickets are getting completed. “What I’m seeing there is this. I’m getting exactly what I’ve been looking for for a year and a half. In the sense that we have a list, we have a list of all open items which we’ve been doing, we have dates, we have follow-ups,” he said. Progress is being made on the NorthStar software transition and he’s pleased with that progress. But Viola said he is not seeing the system efficiencies that he expects. He didn’t elaborate. “Something that I never heard here before. But we are definitely moving forward with that,” he said.

According to Viola, the number of outstanding issues with Northstar has been reduced significantly by the project team since the beginning of the summer. A thorough testing was completed in October by the OPA’s entire team of NorthStar users on software version 6.4.7 and there is a plan to go live with version 6.4.9 in early November. Along Manklin Creek Road, Viola said Public Works crews performed some badly needed drainage improvements and cleanup of dead, diseased, and damaged pine trees located along the roadway that had been a problem for more than a decade. “We had concerns that they would take out the fence that was there causing more problems,” he said of the trees, which could have had an impact on underground cables including fiber optics. “So we cleaned it up,” he said, adding the area now receives much more light and air movement. “I think that was successful and we fixed the drainage there because u

28 Ocean Pines PROGRESS November 2021 GM report From Page 27 it was just one big puddle,” he said. Volunteers recently installed numerous plantings to help with the water filtration and drainage project that was recently completed at Bainbridge Pond. “We has a lot of volunteers there,” he said of the day they did the plantings in early October. “It really came out nice. A great job by everybody,” he said. Martin said the OPA is continuing work on its bulkhead replacement program with work starting on those near the golf course on Aug. 16 and being finished by Oct. 8. The Board approved the bulkhead repairs at a cost of $200,035 at a July meeting. Public Works crews will install additional sod behind the bulkheads to restore the disturbed ground. “Those bulkheads are pretty much like general bulkheads; they just happen to be near the golf course,” Viola said. “And they were badly needed.” Emergency bulkhead replacement is also ongoing at 12 and 14 Goldeneye Court and should have been completed by late October, Vi-

OCEAN PINES

Crab pots allowed in Ocean Pines

rab pots, both commercial and private, are permitted in Ocean Pines canals, according to a spokesperson for the Maryland Department of Natural Resources (DNR). The only local restrictions for crab pots, generally recognizable in the water because of their bright orange floats, are in the Yacht Club Marina area. The DNR’s regulation unit said, “Commercial watermen are allowed to fish in tidal waters. So, aside from those channels, water less than four feet at mean low tide, and upstream of these non-tidal lines, they can use crab pots” in Worcester and Wicomico counties, the Pocomoke River bridge on Whiton Crossing three miles south of Powellville, the Wicomico River from Isabella Street in Salisbury, the Beaverdam Creek dam just upstream of U.S. Route 13, Nassawango Creek from Furnace Road, and Barren Creek from the U.S. Route 50 Bridge. “Anyone who owns waterfront property (or their tenant/guest) can set their two pots (maximum of two pots xaper property) in the Ocean Pines canals, as well as the commercial guys, because there is nothing preventing anyone from doing that now,” the spokesperson said. According to DNR, one caveat for placing a crab pot is that the person placing the pot(s) must own the waterfront. “If the waterfront is owned by the HOA, the adjacent property owner/tenant/guest cannot set pots,” the spokesperson said. Additionally, the water must be at least four feet deep at mean low tide. “As far as nonresidents – if they’re property owners/tenants/guests on a waterfront property, they’d be able to set pots just the same as residents,” the spokesperson said.

ola said. Next, the contractor will move on to replacing bulkheads on Pintail Drive to finish up a project started on that street last year and then will move on to bulkheads on Crab Cay Court. Martin reviewed the status of

Compliance, Permits, and Inspections violations saying the CPI department has been “pretty busy the last couple of months, especially with summer.” She said the year to date 478 violations of the restrictive covenants have been addressed, with 410 cases of violations closed.

For September 2021, there were 68 cases initiated and 40 legal cases pending regarding violations of the restrictive covenants. “We do appreciate everyone that has reported violations to us because we do follow up on every complaint that comes through,” Martin said.

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OPA FINANCES

November 2021 Ocean Pines PROGRESS 29

OPA accumulates $1.3 million surplus September was another solid month financially

By TOM STAUSS Publisher he good financial news for Ocean Pines Association finances continues to pile up. The OPA recorded a $175,011 operating fund variance in September, on revenues that were over budget by $200,919 and total expenses over budget by $25,908. Buoyed by those numbers, the OPA’s positive operating fund has now climbed to $1,301,388 for the year, on revenues over budget by $1,073,740 and expenses under budget by $232,405. New capital expenditures are over budget by $4,757. The financial results were contained in a report to the Board of Directors and General Manager John Viola by Controller/Director of Finances Steve Phillips and posted on the OPA Web site in late October. Through September, all OPA amenities are operating in the black, many well into six figures. All but platform tennis are ahead of budget for the year. The covid pandemic seems like it’s in the rear view mirror. All amenities with one exception are ahead of last year, most of them substantially. Only marina operations are off last year’s pace, but marinas remain one of OPA’s most successful amenities. The $269,156 in net revenues this department has generated through September is $37,520 ahead of budget, compared to last year’s net through September of $282,219. For September, marinas essentially broke even but were ahead of budget by $44,559, the best performing amenity by that measure for the month. Viola is not adverse to touting golf operations as a major success and turn-around story, which he credits to staff overcoming course condition challenges that date back decades and the presence of the new golf clubhouse, which also doubles as a community gathering place. The numbers make his case. For the year through September, golf operations have netted $489,465, ahead of budget by $244,278. At the same last year, golf had net operations of $200,733. For September, golf operations netted $59,136, ahead of budget by $22,456. The Clubhouse Bar and Grille produced a profit of $6,839 in September, behind budget by $1,611, but for the year through September the grille has an operating surplus of $61,443. That’s ahead of budget by $47,459. A year ago, through September, net operations were $43,357. The Yacht Club food and beverage operation also is well ahead of where it was last year at this time. Net operations through September were $571,270, ahead of budget by $260,274. Last year’s Sept. 30 net was $354,344. During September, the Yacht Club generated $67,545 in net earnings, under budget by $1,049. The amenity with perhaps the most dramatic year-over-year turn-around is Aquatics, with a

OPA NET OPERATING BY DEPARTMENT - SEPTEMBER 2021

Source: Ocean Pines Association Department of Finance

OPA RESERVE SUMMARY - SEPTEMBER 2021

Source: Ocean Pines Association Department of Finance

$228,484 net through September, ahead of budget by $202,910. At the same time a year ago, Aquatics was in the red by $68,602. That’s a turnaround of about $300,000. In September, Aquatics slipped into a deficit of $21,191, but that was ahead of budget by $12,535. Although Beach Club operations closed down in September, there was some activity reported for the month. Food and beverage operations lost $6,508, but that was ahead of budget by $6,286. Through the end of September, the Beach Club generated $196,819 in net profit, ahead of budget by $70,656. A year ago through September, this amenity had generated a $121,168 net. Beach parking remains a cash cow for the OPA, producing $423,582 in net revenues through September, ahead of budget by $57,153. Last year at the end of September, beach parking had $229,383 in net earnings. Racquet sports in their totality continue to be performing quite well, with all three -- tennis,

pickleball, and platform tennis in the black for the year through September. Pickleball led the pack with a $47,007 in net operations, ahead of budget by $18,971. Tennis’ operating net through September was $9,513, ahead of budget by $19,135. Parks and Recreation, funded in part by class and event fees and lot assessments, is performing close to budget for the year. Through September, its positive variance to budget was $10,160. In September, the positive variance was $6,745. All assessment-financed departments with the lone exception of General Administration are ahead of budget through September, led by Public Works’ positive variance of $120,978. Status of reserves -- OPA reserves as of Sept. 30 had a balance of $7.571 million, down from $7.77 million at the end of August. The replacement reserve had a balance of $5.26 million, while bulkheads and waterways stood at $1.43 million, roads at $8,413, drainage at $597,796 and new capital at $282,880.

30 Ocean Pines PROGRESS November 2021

WORCESTER COUNTY

Bertino laments lack of funding for Route 589 improvements Bunting worries about Delaware traffic on Route 90; corridor targeted for $500,000 study By ROTA L. KNOTT Contributing Writer lthough Route 589 was mentioned in conjunction with an upcoming study of Route 90, there are no plans or funding available for improving the well traveled corridor any time soon. “I can tell you I have no idea,” Tim Smith, administrator for the State Highway Administration, said when pushed by Worcester County Commissioner Chip Bertino for an answer about when funding will be allocated to Route 589 improvements. Smith was part of a Maryland Department of Transportation team that met with the commissioners to discuss the state’s proposed six-year consolidated transportation plan for fiscal years 2022 to 2027. “Fair enough,” Bertino responded to Smith’s comments. Funding of $500,000 has been allocated by the state for a study of the Route 90 corridor between Route 50 and Ocean City. “The goal there is to identify op-

portunities to address safety and cut evacuation concerns across that entire corridor, Shaun Powell, MDOT deputy secretary, said. “I’m sure that I can speak for all of the commissioners here and all residents of Worcester County in saying that it’s very good to see Route 90 and Route 589 on the top of this list. It wasn’t even on the list the last time we met. So it’s great to see that,” Commissioner President Joe Mitrecic said. Bertino wasn’t going to let the MDOT officials off quite so easy. He pointed out there are no improvements planned or funding designated for Route 589 in the state’s consolidated transportation plan. So, he asked, what does it really mean when the state says it’s going to study Route 90 and how does Route 589 fits into its plans. “Why do I keep hearing 589 when we talk about Route 90?” he asked. Smith said SHA doesn’t look at individual routes but tried to envision the system and Route 589 is

part of the Route 90 system. Also, he said, it helps to keep Route 589 in the forefront even if there are no current plans for further study or plan for improvements to the corridor. “We keep 589 in that particular process so we have that as a placeholder,” he said. Bertino said there’s a lot going on along Route 589, including continued development and a new convenience store, and yet ongoing problems like traffic control at the new North Gate medical complex haven’t yet been solved. “We have more development that will be coming to Route 589.” “And I know it’s on the radar, but it doesn’t seem as if … any funding will be allocated in any near future to correct the challenges that we all know exist on 589. Am I missing something? Cause I don’t see any funding on this at all for working on 589, improving it. But what I do see is a lot more development and a heck of a lot more traffic that’s using that corridor. But nothing has

Chip Bertino

Jim Bunting

changed on 589,” Bertino said. “Is that correct? Nothing has changed as far a moving forward with the feasibility study that was completed years ago?” he asked Smith. Smith said that’s correct. “Nothing’s changed in terms of funding being available to go forward with it.” Bertino asked when the state anticipates moving forward on Route 589. He wanted to know when funding will become available for that corridor. He said despite the state lumping Route 589 into the Route 90 study, “really you’re not going to be doing anything to 589 any time soon?” Smith replied “correct.” Bertino said people who live in Ocean Pines are especially affected by the problems of the Route 589 corridor. “We experience the backups especially during the summertime and the weekends. And we’ve been hearing for years that something’s gonna happen on 589 and

First Shore Federal announces Marty Neat retirement

Diane M. Turner named successor president and CEO

he board of directors of First Shore Federal has announced the forthcoming retirement of longtime president and CEO, Marty Neat which will become effective on December 31, 2021. At that time, Diane M. Turner, the association’s Vice President and Chief Financial Officer will assume the position of president and CEO, according to Catherine A. Tyson chair of the association’s board of directors. Additional promotions will be announced in the near future. Neat has been with First Shore for more than thirty-five years, the last thirty of which has been as president and CEO. During that time, the association has grown from $117 million in assets to more than $340 million in eight branches across the Lower Shore, including one in Ocean Pines. The capital ratio, a key indicator of the financial strength of a financial institution, has

more than doubled during that period making First Shore one of the strongest financial institutions in the region. First Shore has also held a rating of “outstanding” for community reinvestment from its federal regulator for more than twenty-five years. “It has been an honor and a privilege to serve the customers of First Shore and the communities we love,” Neat said. “We’ve used an advertising theme of ‘community minded, just like you’ for many years and we’ve certainly taken pride in fulfilling that statement. We firmly believe that is a critical part of being a community bank.” Turner, who will be succeeding him, has been with First Shore Federal since 1990, having served as controller, vice president and chief financial officer. A graduate from West Virginia University with a Bachelor of Science degree in accounting, and a master’s degree in professional accounting, she has held the des-

Marty Neat

Diane M Turner

ignation of certified public accountant (CPA) for more than thirty years. “I am also very proud that Diane Turner has been elected to the CEO post,” said Neat. “We have such a strong team at First Shore and it’s wonderful that promotion from within is so clearly appropriate. Diane has made me – and First Shore Federal -- look very good for a very long time.” The transition in leadership is in process at First Shore. Public activities are planned but may be subject to local COVID trends.

November 2021 Ocean Pines PROGRESS 31

WORCESTER COUNTY nothing’s happened. Other than more congestion and more development,” he said. “We just want to see progress.” Sean Powell, MDOT deputy secretary, said local officials must take some responsibility for what happens along Route 589 because they are the planning authority. However, he said “We’re getting better being at the table as a group.” Commissioner Jim Bunting said he was glad to hear that funding was allocated for a study of Route 90. Still, he said, “Five hundred thousand dollar is a long ways away from actually doing something.” He asked whether SHA plans to widen, including the bridges, or replace them. He said when the highway was originally constructed it was built so that additional lanes could be added on the north side. He also wanted to know if rumors that the bridges will be replaced are indicative of their condition. Powell agreed that $500,000 is not a lot of money but it will “help to get the ball rolling” on the project. He said that $500,000 will allow the state to do some of the planning work that will help to determine what types of Route 90 projects to undertake. “The bridge structure, it’s in good shape right now. That’s not a concern. But as age goes it’s not going to get better. So that’s why we need to assess where it’s at now, assess what type of solutions we want to come up with,” Smith said. He said the $500,000 is intended to be used to complete a concept study and to identify problem areas along Route 90. It will look at traffic data, environmental impacts, and evaluate structural components to determine operational improvements, including the potential for dualization. “That’s really what the $500,000 is intended to do is narrow down the suite of potential options down to a few,” he said. Then SHA will move forward to a planning process for the identified improvements. Bunting reiterated his concern about traffic flow should the state decide to replace Route 90 bridges. He noted there are only two routes into Ocean City and eliminating one of them even temporarily will be a burden. Smith said part of the study will be to ensure that even during construction the SHA is “maintaining what we need from both a safety and a mobility standpoint.” Bunting also pointed out that Sussex County in Delaware is “allowing rampant building” with a 2,200 lot subdivision coming online. He all those people are finding their way down Route 376 from Bishopville and onto Route 90. “That’s gonna have a major effect on Route 90 if something’s not done. We have traffic now backed up now two or three miles on weekends where they’re being directed through Bishopville down St. Martin’s Neck Road.” He said that growth in neighboring Delaware will put even more strain on Route 90 and he urged state officials to incorporate that growth into its planning for improvements. “I think it should be really ranked up there higher,” he said. Smith said that SHA doesn’t control land use but rather has a responsibility to “adapt and overcome. We’ll definitely keep that on our radar.” Bunting added “It’s going to get bad.”

Commissioners approve bids for middle school addition

ore than $11 million in construction bids for an addition to Stephen Decatur Middle School in Berlin were approved by the Worcester County Commissioners during an Oct. 5 meeting. Lou Taylor, superintendent of schools, reviewed the construction bids for the Stephen Decatur Middle School Addition project and presented the request for the commissioners’ approval. “With your approval of the bids today, we will submit the bid documents to the state for approval and begin mobilization to the site in October to remain on schedule for our Nov. 1 start date,” he told the commissioners. Of that $11 million, $9 million in bids were awarded to Eastern Shore and Delaware contractors, Taylor said, many of whom used in the construction of Showell Elementary School. The Whiting-Turner Contracting Corporation, the construction management firm for the project, reviewed and evaluated all bids that were received and 23 proposed bid awards were presented to and approved by the Board of Education on September in the amount of $11.09 million. Proposed bids were approved contingent upon final approval by the commissioners. Commissioner Jim Bunting offered a motion, which was given a second by Commissioner Chip Bertino and approved unanimously by the commissioners, to approve the project costs and award the 23 construction bids totaling $11.093 million for the 25,000-square-foot Stephen Decatur Middle School addition project. In response to questions from by Bertino, Taylor advised that the project is slated to begin next month, with the steel to arrive in March 2022. “Hopefully we can break ground Nov. 1,” he said. Commissioner President Joe Mitrecic pointed out that the cost is now more than $11 million and asked what the addition would have cost if it had been done at the same time as the original SDMS construction. Taylor responded that this project would have cost a little over $1 million if it had been approved as part of the original SDMS construction project. “So we can thank that group that petitioned this for adding $10 million to the cost,” Mitrecic said. Weston Young, chief administrative officer, raised concerns regarding anticipated supply-chain delays and rising costs related to the project. “They added as part of this project new technology for the teachers and they would like us to, given the supply chain delays, order those ahead of time,” he said. “It’s a little over a million dollars and we’ll reimburse ourselves when we go to the bond market.” Bertino offered a motion, which was given a second by Commissioner Ted Elder and approved unanimously by the commissioners, to authorize the pre-ordering of technology-related purchases. Those costs will be repaid to the county’s general fund upon receipt of bond funds for the SDMS addition project. In order to maintain the current construction schedule and to address rising steel costs and long delivery lead times, the steel bid package was bid in June, approved by the Board of Education on June 24 and by the commissioners on July 6. The project will provide an additional 25,000 square feet to the existing school which will include twelve classrooms, four science labs and prep rooms, student restrooms and lockers and additional storage space. The project will allow the school to eliminate the nine existing portable classrooms at Stephen Decatur Middle. On May 27, the State of Maryland Interagency Commission on School Construction announced the approval of full state funding totaling $4.814 million for the project.

Service area advisory board gets $100 stipend for meetings

Members of the Ocean Pines Water and Wastewater Advisory Board will get paid $100 per meeting for their service. The Worcester County Commissioners approved a staff recommendation to include that board and other water and wastewater advisory boards on the list of those eligible for payment. “We have ability to compensate various board members for their work with the county,” Dallas Baker, public works director, told the Worcester County Commissioners during an Oct. 19 meeting. “Right now that list does not include water and sewer advisory boards.” At their meeting on Sept. 14, the Ocean Pines Advisory Board asked if they could be added to the list of boards compensated for their efforts for attendance at meetings. Compensation for board members is normally available and the compensation was increased by the commissioners as of July 1 to $100 per meeting. Commissioner Chip Bertino asked how many water and wastewater advisory boards exist. “It’s more than just Ocean Pines, right?” Baker said yes and asked that the change be made to apply to all such boards. The commissioners agreed, and county Resolution 21-15 that spells out the payment for service for board will be amended to include Water and Wastewater Advisory Boards like those in Ocean Pines.

32 Ocean Pines PROGRESS November 2021 Cover Story: Farr vs. OPA From Page 1 in open session Oct. 20, Farr garnered the most votes, with 1,629. Runner-up was incumbent director Daly, with 1,571 votes, followed by Stuart Lakernick’s 1,511 votes and David Hardy’s 941. In most years, the top two vote-getters in an election for two board vacancies would more or less be seated automatically. Certification of election results would have occurred at the annual meeting of property owners, if a quorum of 100 OPA members was present, or shortly thereafter in a special meeting of the board. But not this year. The Farr eligibility controversy has upended the usual process. The OPA by-laws do not specify how soon after a vote count occurs that the board must convene a special meeting to certify the results, seat new directors, and elect officers for the coming year. The special meeting to certify the election and elect officers for the coming year usually occurs the week after vote totals are announced, sometimes within two weeks. “The next step in this election will be determined at a later date,” Elections Committee Chairperson Steve Habeger said in a cryptic press release issued a few days after the vote count. “We express our appreciation to all the candidates who have volunteered to serve our Association.” A subsequent statement issued by OPA President Larry Perrone didn’t shed much more light on the matter. “What will happen after [the Oct. 20 vote count], we are not clear at this point. The judge did not give us any direction regarding next steps. So, if you’re anticipating that we will seat a Board [or] new Board members and certify the election, I don’t know that that’s going to happen. We don’t know yet,” Perrone added. Daly in a text message to the Progress said that “nothing will happen, in my opinion, since the court told us not to sit a new board until they ruled on Farr’s eligibility.” A transcript of the Oct. 13 court hearing obtained by the Progress does not indicate any specific instruction from Judge Campen beyond his order that all votes from this summer’s balloting be counted and enjoining the OPA from conducting a do-over election with Farr omitted from the ballot. Farr told the Progress that in his view the court left it to the OPA’s discretion on how to proceed once the vote’s were counted. He said there was nothing in the judge’s comments during the hearing that would have precluded Perrone or two directors from calling for a special meeting to certify the results. Indeed, the judge during the hearing made it clear he wanted the board to follow its by-laws as closely as possible in conducting the election. Anthony Dwyer, the OPA’s lawyer in the case, had suggested that election results not be made public pending the Nov. 15 hearing, and initially Judge Campen seemed amenable to that idea, even volunteering to be present during the vote count. But Bruce Bright, Farr’s attorney, told the

judge that OPA by-laws call for the vote count to take place in open session, with results announced immediately. Judge Campen said the full vote count should proceed consistent with the by-laws. Extended remarks from Judge Campen indicate that he believes the board, in halting the election and not allowing the vote count to proceed with Farr’s votes included, did not adhere to the by-laws in the conduct of the election. “I will tell you that I am still troubled as I was from the outset by the fact that Mr. Farr was certified early on as an eligible candidate and that was on May the 15th, that he was certified by Mrs. [Camilla] Rogers, [the OPA secretary]. “The ballots were mailed on July the 12th, with a return date deadline of August the 11th, one month, “ he said, adding “but for the telephone call, we wouldn’t be here ... the telephone call from an anonymous tipster that got all of this started and that created a closed session meeting where the Board disqualified [Farr]. “Mrs. Rogers is now the person that’s being charged with having disqualified [Farr], but I suspect that the disqualification was discussed rather fully by the Board in the closed session,” he said. Judge Campen referred to a board statement that went out July 31 saying that Farr was not qualified as an candidate and any vote to him would not be counted. “Highly irregular, not something that’s called for in the by-laws, that I can find. And the ballot return deadline came and went and the votes have yet to be counted,” he said. Judge Campen mentioned a temporary restraining order issued by Judge Beau Oglesby enjoining the counting of votes without Farr’s votes included. “We had a hearing and in our hearing it was determined that the TRO should not be expanded into a preliminary injunction in order to permit the board to count the votes. As Mrs. Roger had testified, if the injunction is lifted the Board’s going to count the votes and certify the election,” he said.

OPA ELECTION Judge Campen then pivoted to the board’s actions of Sept. 30. “The Board rescinded the July 30 closed session motion and then voted to conduct a new election with only three names on the ballot, Mr. Daly, Mr. Hardy, and Mr. Lakernick, not Mr. Farr. And I note that Mr. Daly participated in that vote,” he said, adding that “I find that that action is not in good faith. “I find that the Court certainly has a basis to enjoin that in favor of this Board counting [all] the votes and deciding what it’s going to do under [OPA] by-laws,” he said. Judge Campen said after ballots were sent out in July, ballots were returned prior to or by the deadline of Aug. 11. “Some of those votes may have been sullied by the advancement that Mr. Farr’s votes would not be counted because he was ineligible ...” he said, adding that if the vote count shows Farr among the top two vote-getters in the election, “there are processes available under the by-laws to have him removed as a director, such as a referendum or by two-thirds vote of the remaining board.” Judge Campen said the OPA needed to tally the ballots and inform the members of the OPA of the outcome. “Conducting a new election that kind of games the system with only having three candidates ... creates all sorts of problems and it also is going to string this matter out,” he said, making clear that he wanted an early resolution to the case. At that point in the proceedings, Judge Campen said he was going to issue a temporary injunction enjoining the board from conducting a do-over election, at the same time requiring the OPA to count all the ballots already received, including those for Farr. He also set a discovery hearing date for Nov. 1, pushing back on Dwyer’s attempts to delay it. He said Bright and Dwyer had not set the date themselves and that he was therefore intervening to set one up himself, admitting he had made a mistake not doing so at the earlier hearing. He set a date of Nov. 15 for a hearing to settle the eligibility issue.

Oktoberfest pickleball tournament

From left, Bob, Jean and Elizabeth Yacobucci from Pickleball Den greet players and spectators during the inaugural Oktoberfest Pickleball Tournament, held Oct. 22-24 at the Ocean Pines Racquet Center.

November 2021 Ocean Pines PROGRESS 33

OPA ELECTION

Farr attorney slams Daly’s vote for do-over election excluding his client Bright calls Daly vote a violation of OPA’s conflict of interest rules; Daly defends action in an exclusive interview

By TOM STAUSS Publisher ewly re-elected Ocean Pines Association Director Frank Daly came in for some pointed criticism for his vote in a Sept. 30 special meeting to conduct a do-over Board of Directors election with three candidates, excluding Richard Farr. In an Oct. 3 motion to enjoin the do-over election, which had passed 4-3 with Daly’s support, Farr attorney Bruce Bright said Daly’s vote was “against the direct and publicly given advice of OPA legal counsel Jeremy Tucker.” The video of the Sept. 30 special meeting indicates that Tucker advised Daly not to vote and that doing so would be used against the OPA in the Farr vs. OPA candidate eligibility case. But Tucker also said that Daly was not precluded from voting under the by-laws. In his Oct. 3 motion, Bright said that Daly’s vote for a do-over election was “in clear and direct violation of OPA Board Resolution B-05, [which] states that no director ‘shall recommend a course of action or make a decision on behalf of the Association with respect to any matter in which he has ... direct or indirect financial interest.’ ” Bright noted that OPA board members receive free memberships in OPA amenities, and that “consequently, Daly stood to gain financially from remaining on the board.” In remarks during an Oct. 13 hearing in Snow Hill, Bright repeated the contention from his Oct. 3 motion that Tucker had explicitly advised Daly not to vote on the motion. “One thing that’s important to note, Your Honor, in regards to Mr. Daly’s participation in a fourth revote to hold this new election,” Bright said. “I watched the video of this [Sept. 30] meeting. Counsel for the OPA, Mr. Jeremy Tucker, explicitly, openly during that meeting advised him [Daly] against participating in that vote. And he nonetheless participated in that vote. Bright then noted that “more significantly, or just as significantly, [Daly] went on to abstain in a vote as to the issue of going ahead and counting the ballots [in the election] that the OPA is already holding. So he participates in the vote that creates a new election, and abstains in a vote that could have led to the counting of the votes. I mean, he’s very clearly involving himself in the outcome of this election by doing so.” Bright said he and his clients have taken the position “that it is indeed in violation of provisions or of a board resolution that governs conflicts of interest, because he does benefit finan-

cially from holding his board position. They’re not paid, but they receive valuable, some would say very valuable, amenities and access free of charge because they sit on the board and while they sit on the board.” By long-standing practice, directors receive free family memberships in all of the amenities, excluding golf cart usage. Bright told the court that he believes Daly was “actively at that point taking part in a vote that is affecting the outcome of an election in which he is a participant.” Judge Sidney Campen during the Oct. 13 hearing seemed to buy into the Bright argument. “Turning to the activities of the Board of September the 30th: The board rescinded the July 30 closed session motion and then voted to conduct a new election with only three names on the ballot, Mr. Daly, Mr. Hardy, and Mr. Lakernick, not Mr. Farr,” Campen said, prior to his ruling overturning the do-over election. “And I note that Mr. Daly participated in that vote. “I find that that action is not in good faith. I find that the Court certainly has a basis to enjoin that in favor of this board counting [all] the votes and deciding what it’s going to do under their bylaws,” he said. Later in the hearing, he made his views on Daly’s participation more explicit by asking a question of OPA attorney Anthony Dwyer. “But isn’t -- isn’t Mr. Daly very much involved in this new election and doesn’t it really give him almost a lock on getting a position?” Judge Campen asked. Dwyer didn’t respond to that question directly, but he acknowledged that “yes, the one director (Daly) did vote [for a do-over election] and he’d abstained in other votes, but remember he’s a volunteer, he has no financial interest in any of this. He may well have had more votes in the prior counting than he would have in this one, he doesn’t know one way or another.” Judge Campen then asked whether that “action [threw] your board in the brier patch as far as good faith, Mr. Dwyer?” Dwyer said it didn’t. “I don’t think so because the Board is trying to satisfy the community. Either way, Your Honor, under either -- well, however they decide it, there’s no difference with respect to Mr. Farr’s eligibility.” Daly during the Sept. 30 special meeting said he voted for the do-over election because the “right to vote is sacred” in this country and that all property owners deserved to be able to vote for

two eligible candidates of their choice. That right would have been diluted if Farr’s votes had been excluded from the August election, Daly said. Daly in an email interview with the Progress defended his actions, saying he disagreed with both Bright and Judge Campen’s remarks about his actions. All but the last two questions were answered prior to Judge Campen vetoing a doover election with three candidates excluding Farr and ordering a count of all ballots cast in this summer’s election, including those for Farr. Daly also continues to insist that Farr was not eligible to run as a candidate in this summer’s election, an issue that Judge Campen has said he will rule on during a Nov. 15 hearing on the merits. Progress -- OPA Attorney Jeremy Tucker had recommended that you recuse on Larry Perrone’s motion to proceed with a new election excluding Farr. Please explain why you voted on Larry Perrone’s motion but abstained on Parks’s motion to count votes, especially after abstaining on previous election-related motions. Daly -- Let me recap the situation factually. Ocean Pines conducted the 2021 election using all the protocols and procedures per our by-laws. That election should have ended with the Annual Meeting that was scheduled for the second week of August 2021. Mid election a candidate was determined not to be eligible by the Secretary of the Association, an unprecedented situation. Legal Counsel presented the Board with a series of options. The Board choose the option to tally all votes cast but not to count the votes of the ineligible candidate. I abstained from that vote and made the decision to abstain from all motion relating to the election that should have been finalized in August 2021. The ineligible candidate filed for a Temporary Restraining Order (TRO) and Preliminary Injunction to prevent the board from executing its motion. The TRO was granted, and a hearing was scheduled to determine if a Preliminary Injunction would be ordered by the Court. At the hearing for the Preliminary Injunction the Court issued the following ruling: “Ordered, that a preliminary injunction be, and hereby is, denied in this matter; and it is further, “Ordered, that all returned ballots shall be kept, maintained and preserved by the Ocean Pines Association Election Committee; and it is further, ordered, that the entire ballot count shall be preserved insofar as ballots in favor of the Plaintiff may be relevant in the final determination of this matter.” The Court at this time did not rule on the eligibility issue of the candidate and set a Hearing Date for 9/27. At that point the Board decided to do nothing regarding the previously passed motion to tally all votes and to count the votes only for eligible candidates. Their business decision determined this to be the lowest risk and best action for the Association. Again, I abstained from that vote. At the Sept. 27 hearing the Court made no furu

34 Ocean Pines PROGRESS November 2021 Daly interview From Page 33 ther determination regarding the August 2021 election and candidate eligibility and ordered a Scheduling Conference. After the Sept. 27 hearing the Board was advised that the legal proceedings could take a very long time. We were also advised that contrary to the spin being produced, the judge did not order Ocean Pines to count the votes. He specifically said he would not direct us to do anything but hoped we would count all the votes. At the Sept. 30 meeting three motions were before the Board.One motion, submitted by Director Parks, was to “conduct an official count of the 2021 election ballots to include all doue of the candidates that were on the ballot and to designate the votes for candidate Farr as ineligible.” A second motion, submitted by Director Perrone, was to “conduct a new election with three eligible candidates (Daly, Hardy, Lackernick).” The third motion was a procedural motion to rescind the motion to count the ballots passed on July 30. I voted for the procedural motion. As I recall the vote for the motion was 7-0. It was necessary for this motion to pass to even consider the other motions. I abstained from Director Parks’ motion because it directly had an effect on the August 2021 election. I voted for Director Perrone’s motion. I did so because, in my opinion, it does not affect the August 2021 election. The August 2021 election will be settled by the Court. The sole issue is candidate eligibility. The candidate will either be determined eligible as a matter of law, or not. If the ineligible candidate is found to be eligible all votes cast will be counted towards selecting the winners of the election. If the candidate is found to be ineligible all votes for that candidate cast by Association members in good standing will be lost. The ballots for the August 2021 election are cast, stored in a safe location and ready for tabulation if the Court so orders. The new election will guarantee that all votes cast will be counted toward determining the winners of the new election. It preserves the rights of two votes for each homeowner. No votes will be lost. It is my judgment that this is the best course of action to preserve the rights of all homeowners to the number of votes they are entitled to under our Bylaws. If the new election is completed before the August 2021 election is litigated the Court can order those ballots to also be secured pending the outcome of the litigation if the court orders us to do so. Progress -- On Perrone’s motion to invalidate the election ballots [from this summer’s election], what in your view is the basis in OPA governing documents to justify that action? Daly -- Facing an unprecedented situation, the Board can act providing that those actions are

within existing law and do not violate any stated by-law. Progress -- Perrone’s position essentially was that the Board’s view of the best interest of Ocean Pines takes precedence over language in the by-laws. He cited the Board’s action last year (contrary to language in the by-laws) extending the deadline for paying assessment as a precedent-setter. The bylaws spell out election procedures and contain no language that authorizes the board to conduct an election outside the timeline parameters in the by-laws. As it relates to Perrone’s motion on a new election, do you agree with his justification for taking action outside the authorized timeline? Daly -- Like last year this situation is unprecedented and not contemplated within the governing documents. The decision last year was made when all States and Territories were under a State of Emergency-an unprecedented event in American history. And the decision to delay the assessment was not contrary to existing law and within the guidance of our Corporate Charter. The current situation is somewhat different. Although unprecedented and not contemplated in our Bylaws, the August 2021 election is in active litigation. The Courts have enormous flexibility and power to permit, stop or modify any actions of the Board if they believe those actions are not in the best interests of Ocean Pines or contrary to existing law. Progress -- OPA member Tom Schwartz mentioned during the Public Comments segment [of the Sept. 20 meeting] that the board should await the judgment of the Court on Farr’s eligibility before taking any additional action on the election. You obviously disagreed. Please explain why you did not find this argument/advice to be compelling. Daly -- At this point in time, we do not know what the outcome of the ongoing litigation will be or how long it will take. It is also possible that the Court will order a new election. My objective is to guarantee the voting rights of all homeowners that choose to participate in

OPA ELECTION an election. Every vote cast should be counted in determining the winner of an election. In my opinion the vote to conduct a new election reaffirms our commitment to guarantee the voting rights of our homeowners. When all litigation is finalized If Farr is deemed eligible, we have the votes of all homeowners that chose to vote ready to be counted. If Farr is deemed ineligible, we will have the votes of all homeowners that choose to vote to ready to be counted. If the Court believes that the Board has, in any way, taken any action that is not in the best interests of the Community, I am confident it will so rule. Progress -- What is your response to Bruce Bright’s contention that your vote for a doover election constituted a violation of OPA conflict of interest rules? Daly -- Attorney Bright’s conclusion is, in my opinion, wrong and at no time during this process was I in conflict of interest. First, if you review the video of the meeting, you will hear attorney Tucker say that there was no conflict of interest. Also, if you read the Resolution defining conflict of interest you would quickly determine that there was no conflict. So based on both common sense and advice of counsel, I decided to vote. Progress -- What is your response to Judge Campen’s comment that the board’s vote for a do-over election and your participation in that decision “was not in good faith”? Daly -- My response to the judge would be twofold. First, the results of the election make this point moot. Second, even with the results of the election my opinion has not changed. Either by honest mistake or intent candidate Farr is not eligible under our by-laws. Under the same by-laws each homeowner is entitled to vote for two eligible candidates. Those homeowners that voted for Farr, through no fault of their own, lost one vote. The right to vote in America is, in my opinion, sacred. Those that voted for Farr are entitled to get their vote back. The results of the election have not changed my opinion and would not change my vote on this matter.

Haunted house

Ocean Pines Recreation and Parks staff, along with several volunteers, pose in costume outside of the community center. Staff and volunteers hosted the first Haunted House in Ocean Pines, Oct. 22-24. Pictured, from left, are Hailey Bianca, Jonathan Petito, Kaitlynne Jones, Madison McLain, Katelynne Hunt, Emily Stitely, Kacie Neeb, Debbie Donahue and Katie Goetzinger.

OPA ELECTION

Farr attorney: OPA switched positions on counting ballots, holding new election Bright contends OPA originally indicated it wanted to count the ballots from this summer’ election and to avoid the cost of a do-over

By TOM STAUSS Publisher uried in the transcript of the Oct. 13 court hearing in the Richard Farr vs. OPA candidate eligibility case is a soliloquy by Farr attorney Bruce Bright in which he essentially accuses the Ocean Pines Association of taking diametrically opposed positions on issues critical to the case. Judge Sidney Campen engaged with Bright during the discussion and subsequently issued rulings that favored the Farr position. The transcript reads as follows: BRUCE BRIGHT: “As far as our request for injunctive relief] is concerned, I think it would be useful, Your Honor, to begin with talking about where we were on Aug. 30. There was a TRO [temporary restraining order] that was in place. It expired on Aug. 30, and we had that full day long evidential hearing on the request for a preliminary injunction. “And what we were seeking at the time, Your Honor, as I’ve discussed, was to have the ballots held, but not counted and the election results not certified. In other words, that was the status quo that we were seeking at the time, which was the same status quo as was implemented or created by virtue of the TRO. So we were just in effect seeking a continuation of that status quo by way of a preliminary injunction. “Now, at that point in time, as Your Honor is well aware, the election had been completed, the ballots had all been received and they were being held by the OPA. “The position that the OPA took through the course of that hearing, both in terms of the testimony that was given, answers that were given to questions that I asked, Your Honor, and in terms of argument that was presented at that hearing, the position that the OPA took -- certainly this was what I gleaned from their positions at the time, was that they intended to proceed with the counting of those votes, of those ballots. “And perhaps, although they didn’t say this with any certainty, perhaps certifying the election results. “They -- they indicated that they needed to do these things in order to be in a position to conduct affairs and deal with OPA business. “They also indicated, and this is significant for purposes of my motion, they also testified as to what the cost of a new election would be and indicated pretty strongly -- in fact, Your Honor incorporated this into Your Honor’s ruling -- that the cost of a new election would be if not prohibitive, unduly burdensome upon them and would create

prejudice and harm. That was factored into the balancing of the harm test that Your Honor properly applied. “Your Honor expressed that number one, it would not -- in denying the preliminary injunction, it would not interfere with the election by means of a preliminary injunction, that’s the position that Your Honor took. Your Honor, however, expressed pretty clearly, at least as I recall, that you were pretty keenly interested in knowing what the election results were, knowing what the count of those ballots was. “And Your Honor indicated from the bench that interest in knowing that as well as in Your Honor’s later written opinion. “Your Honor expressed in writing, in the opinion and order, that the vote count, that is the count of those ballots [including those for Farr], could bear upon the outcome of the case. And my recollection, Your Honor, of how it -- how -- of what Your Honor said from the bench, we have a partial transcript in the record of Your Honor’s [Aug. 30} ruling, but not a full transcript of the hearing. “My recollection of what Your Honor said from the bench was that the OPA Board should consider doing the right thing, which Your Honor did not specify what that was. “I interpreted it at the time, and maybe this was correct and maybe it was incorrect, but I interpreted that at the time as counting [all] the votes, but perhaps holding off on certifying the election results and installing a new Board. But in any event, Your Honor was clear that you were not telling the Board at that time what to do or what not to do. “However, I think it’s fair to say that everybody’s expectation, including I would suggest Your Honor’s expectation at the time, was that the OPA in the absence of a preliminary injunction was going to proceed to count those ballots to hopefully publish or reveal what that ballot count was, and then make whatever decisions they were going to make in terms of whether they certified the results and/or installed a Board. “So -- and I think all of that is reflected in Your Honor’s written opinion and order, which was later entered on Sept. 27. “Your Honor held in terms of irreparable harm that the likelihood that the Plaintiff Farr will suffer irreparable harm is not great if the preliminary injunction is denied since all ballots cast in his favor can be ultimately counted without the injunction. “And Your Honor said, greater injury is likely to OPA by an injunction, which [would] prohibit

November 2021 Ocean Pines PROGRESS 35 the tabulation, counting, or review of the ballots received by the deadline. “In other words, Your Honor was saying there’s harm to the OPA that outweighs harm to Mr. Farr if the counting of those ballots is enjoined. Your Honor went on to say that the cost of conducting a new election for the 2021 Board of Directors would be unduly burdensome and costly. Accordingly the balance of convenience in that regard favors OPA. “Well, now they’ve decided to -- here’s what they’ve decided to do since we had our Aug. 30 hearing, Your Honor, they have ...” JUDGE SIDNEY CAMPEN -- “Let me interrupt you, Mr. Bright, for a moment. “My recollection was that Mrs. Rogers testified that -- and I’m looking at her quote, ‘if the injunction is lifted, the Board will count the vote and certify the election.’ Those were her words.” MR. BRIGHT: “That’s my recollection as well, Your Honor. That’s the position they took in open court, in front of Your Honor and the rest of the people in the courtroom including myself. What they did immediately after that election is -- or soon after that -- I mean, immediately after that hearing, is on Sept. 7 they convened a special meeting. ... “In any event, after that they convened another special meeting on Sept. 30, Your Honor. And at that meeting is when by a vote of 4 to 3 they decided to conduct this new election with only three candidates, and not including my client on the ballot. “In other words, since -- at the Aug. 30 hearing they took the position that they needed to count the ballots, that they intended to count the ballots, and to certify the results, and that they needed to do so in order to conduct OPA business. They took the position, in fact, that having a new election would be unduly burdensome and wanted to avoid that at all costs. “Well, what have they done since then? They’ve voluntarily failed to count the ballots or publish the results, and they have voluntarily decided to incur the significant expense of a new election, but without my client’s name on the ballot. They’ve done those things in a manner completely inconsistent with the position that they took with Your Honor. “And I believe completely inconsistent with positions they took that formed the basis for Your Honor’s ruling on the denial of the preliminary injunction.” Anthony Dwyer, the OPA attorney, did not immediately respond to Bright’s argument, as the court went on to discuss other issues. But when he had opportunity to rebut Bright’s contention of the OPA’s alleged inconsistency, Dwyer in effect said that Rogers’ testimony was accurate at the time. “Your Honor pointed out that Mrs. Rogers said that they did intend to proceed with the counting, which was her testimony,” Dwyer said. “And at the time, if Your Honor recalls, there was a standing motion at the time to count the votes. So her testimony -- that had been passed. So her testimony that they intended to count these votes was -- that was what was in effect at the time. That motion had been passed,” Dwyer said.

36 Ocean Pines PROGRESS November 2021

Farr attorney attacks OPA attorney’s reliance on business judgment rule Bright alleges irregularity and arbitrariness in claim by OPA secretary that Farr is ineligible as a candidate for Board of Directors

By TOM STAUSS Publisher he business judgment rule is a legal doctrine that says that private entities have broad discretion to make decisions that boards of directors deem to be in their best interest, free of intervention or second-guessing by courts, except for a number of notable exceptions, including irregularity, arbitrariness and fraud. The rule has been invoked by Ocean Pines Association attorney Anthony Dwyer in his defense of the OPA in the Richard Farr vs. OPA candidate eligibility case. Dwyer has argued in court filings and proceedings that the rule protects his clients against court action overturning former OPA Secretary Camilla Rogers’ determination that Farr was not eligible to run for the OPA board this past summer. Farr attorney Bruce Bright has cited two cases from the Maryland Court of Appeals that he says rebuts Dwyer’s reliance on the business judgment rule. He mentioned the two cases when Judge Sidney Campen asked him to address the business judgment rule applicability to his case during a Oct. 13 court hearing in Snow Hill. In NAACP vs. Golding, Bright quoted the Maryland Court of Appeals: “As in the case of corporations, decisions of the unincorporated organization are insulated from judicial review absent fraud, irregularity or arbitrary action.” Bright said his case on behalf of Farr “is built strongly upon the position that number one, there were irregularities in the decision -- decisions that were made by the Board and in particular, the secretary. “But clearly arbitrariness in connection with those decisions. This decision cited by and relied upon by the Defendants makes clear that arbitrary action by a Board can be reviewed by courts notwithstanding the business judgment rule,” he told the court. Bright’s second citation was Tackney vs. United States Naval Academy Alumni Association, another Court of Appeals case that he said has been “been relied upon by the Defendants in this case.” According to Bright, the Court held, that “we are mindful that the Association is a nonprofit, voluntary membership organization, incorporated under the laws of Maryland. Accordingly, pursuant to Golding, citing back to the NAACP versus Golding case, ‘we shall apply the business judgment rule and intervene in the dispute at hand only if the Board’s actions were fraudulent

or arbitrary.’ “Again, it’s arbitrariness,” Bright added. Bright said he and his clients are not alleging fraud in their case against the OPA board. “We’ve alleged bad faith, because we feel there was not a good faith basis to disqualify Mr. Farr. But more importantly, we’ve alleged arbitrariness, and the evidence of arbitrariness at this point in time is mountainous from the witness stand, from Mrs. Rogers’ own mouth on the witness stand. She testified that she looked at nothing other than three words in the bylaws, owner of record.” She contended that “owner of record” refers to individuals listed on a property deed, Bright has said. According to Bright, Rogers “gave the meaning that she wanted to give those words. She didn’t consider any other possible definition, she didn’t discuss any other possible definition with anybody, including staff, that may have been involved in prior elections. She looked at no part of the charter, no part of the declarations, and no other part of by-laws, which make clear that owner is defined as equitable and legal.” Bright argued that further evidence of arbitrariness is the conclusion from Rogers’ comments “means there are two classes of owners based upon this -- those three words in the by-

OPA ELECTION laws. Nowhere else in the charter, a declaration -the declaration, in any declaration, and nowhere else in the by-laws is there the concept of two classes of owners. There are two types of owners, you can be equitable or legal, but there’s no notion anywhere in the ... documents of two classes of owners having two separate sets of rights ... “So that’s the key. The position that they’re taking, arbitrarily I would say, creates a different set of rights for owners whose name happens to be stated in the deed from those owners, not members, owners equitable owners whose name is not stated within the deed. There’s nothing in the by-laws, in the declaration, in prior conduct that we know of so far or in the charter that would support that kind of a position. “And that’s the -- that’s the ramification, that’s the effect of the position that Mrs. Rogers took when she made her I would say grossly non-diligent decision,” Bright said. “So that’s where we come out on business judgment rule.” Dwyer responded that the issue of eligibility had been addressed in open session and voted on. “She certified him as eligible, she revisited the issue, she consulted counsel. The argument was that it was arbitrary. She consulted counsel, it wasn’t arbitrary. She asked for more information from Mr. Farr, this is -- she testified about this for -- extensively. And she deemed him ineligible, which is her role under the by-laws,” he said. When pressed by Judge Campen, who questioned Rogers’ authority to declare a candidate ineligible in the middle of an election, Dwyer responded that the by-laws give the secretary the authority to supervise the elections. “It doesn’t specifically say you can [declare a candidate ineligible],” he said. “She’s the one who is the arbiter of that ...” Judge Campen appeared unconvinced. “If she had decided early on that he was not eligible, we wouldn’t be here,” he told Dwyer.

Farr attorney uncovers new language in by-laws to bolster case on eligibility By TOM STAUSS Publisher ichard Farr’s case for eligibility as a candidate in this summer’s election has been well publicized and is fairly easy to summarize. According to Farr attorney, Bruce Bright, it’s based on language in the Ocean Pines charter and in the Declaration of Restrictions that make no distinction between an equitable owner of property and a legal owner. Both are “owners of record” entitled to the same rights of ownership, including the right to run for and serve on the Board of Directors, he says. An equitable owner is someone whose ownership is held through a family trust, a partnership, or a limited liability corporation. A legal owner might be an individual whose name is listed on a property deed. The OPA’s position has been that language in the OPA by-laws specifies that a candidate must be an owner of record, which former OPA Secretary Camilla Rogers defined as an individual whose name is listed on the property deed. OPA attorney Anthony Dwyer says that’s u

OPA ELECTION

November 2021 Ocean Pines PROGRESS 37 “She looked at three words within the bylaws New language and disregarded everything else, all other conJudge says ‘little birdie’ From Page 36 siderations and all other language,” he added. halted OPA board election Bright said he recently discovered language the definition of “owner of record” in Black’s lein the by-laws that make it clear that Rogers gal dictionary. He also argues that Rogers relied ircuit Court Judge Sidney Campen, should have gone beyond those “three words” in on legal advice in reaching her decision on Farr’s in comments from the bench during deciding that Farr was ineligible. candidacy. an Oct. 13 court hearing in Snow Hill, “Something that was not pointed out previOn Jan. 1 of this year, Farr was a trust benasked Ocean Pines Association attorney ously ... is that there is a provision, it’s in a weird eficiary and designated successor trustee of the Anthony Dwyer where in OPA by-laws was place in the by-laws because it’s at the bottom family trust that holds title to the home in Secformer OPA secretary Camilla Rogers given of a page of the table of contents, but there is a tion 6 where Farr resides. That makes him an eqthe right the declare Richard Farr ineligiprovision within the bylaws that explicitly says uitable owner, Bright says. ble to run for the board once deeming him that the declarations and the charter take preceAccording to Bright, when Rogers disqualified eligible. dence over the by-laws. And that’s obviously sigFarr as a candidate this summer, two weeks beDwyer acknowledged that there is no spenificant because of how owner is defined in the fore the scheduled vote count, she erred by failing cific language conferring such authority, but -- in the charter and in the declarations. And acto take into account language in the charter and that the secretary does have authority to sutually how owner is defined in other provisions Declaration of Restrictions for Section 6. pervise elections. of the bylaws as well,” he said. In comments to the Court in an Oct. 13 hear“She’s the arbiter of that,” he said. The note on the last table of contents page ing, Bright addressed his view on the likelihood After Judge Campen told Dwyer that the says that “By-laws are subject to laws of the that his position would prevail when Judge Sidcourt would not even be considering the eliState of Maryland, the Declarations of Restricney Campen delivers a decision on Farr’s eligibilgibility issue had Rogers not initially certiContractor -Home Home Improvements DentalNov. Services Contractor -fied tions, and the Articles of Incorporation (Charity in a scheduled court hearing 15. Farr Improvements as a candidate, Dwyer agreed. ter). Maryland laws governing corporations and “As far as, you know, likelihood of success on “But she did, and then she changed her Homeowners Associationstake precedence overthe merits, really our position is unchanged other course and said well, because a little birdie the Declarations of Restrictions, the Charter, than that again to reemphasize what was precalled me or I have a phone call that he’s and the By-laws. The Declarations of Restricsented at the Aug. 30 hearing. We think it’s pretty ineligible, she determined that he was intions take precedence over the Charter and the clear that the action of the secretary in disqualeligible,” Judge Campen said, in one of the Serving Ocean Pines Since 1985 By-laws. The Charter takes precedence over the ifying or purportedly to disqualify my client was hearing’s lighter moments. By-laws. In case of conflict, the document having facially arbitrary based on all of the admissions D.M.D., P.A. Additions, decks, porches, garages, the higher precedence controls.” that she made during her testimony,” Bright said.

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LIFESTYLES

Colby’s ‘Letters from Santa’ tradition continues to spread joy during the holidays By SUSAN CANFORA Contributing Writer ’Twas two months before Christmas and all through the Pines Berlin and West O and other towns whose names rhyme Colby Phillips was busy, all for the better Because she brought pure joy writing Santa’s letters.

uch holiday happiness, sealed in an envelope and from a letter from the jolly elf himself, has been a gift Colby Phillips has been sharing for ten years. The Berlin resident began the tradition when her daughters, Remie and Sadie, were 10 and 5 years old. Eventually they realized who the author was and posted on Facebook, “My mom is Santa Claus.” “They didn’t know it was me the first few

years,” Phillips said during a recent conversation bright with pre-Christmas cheer. “I started doing this for them. I wanted letters from Santa but when I went online to order them, they were $10 each and I was like, ‘That’s crazy.’ I thought, ‘I‘m just going to write my own letter,’” she said. “I remember when we first started getting them and they had a short part of the naughty and nice list,” Remie told her mother, by text message that Phillips shared. “You would put my best friends on the nice list with me, and I would always get so excited and show my friends at school that they were on the nice list. It was something that made the magic of Christmas more special to me growing up. It felt so personal and made me even more excited for Christmas morning,” Remie wrote. Phillips started making the season more jolly by penning letters for others when she was employed by the Ocean Pines Association and has

Hundreds of letters from Santa, to children and adults, go out every year, with North Pole postmarks.

continued it since moving on to the Captain’s Cove Yacht and Golf Club. Word spread, requests came and Phillips provided. By the fifth year, she was sending 500 or 600 and last year about 1,000. “I think there were so many last year because of the pandemic. I had a lot more adult letters last year. A lot of people who had been alone or hadn’t seen their families wanted some joy. That was really special to be able to be part of that. This year, too, it’s the same. Last year my letter incorporated the elves not wanting to wear their masks during covid. But even with everything going on, there is still the magic of Christmas. One of the most beautiful things about children is their innocence and you want to nurture that as long as you can, especially in the society we live in,” she said. In recent years, she has started those letters To Page 40

Children who receive a letter from Santa will also get a coloring book featuring Santa’s new reindeer, Peppermint.

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ery Act revenue. At a town hall meeting earlier this year on how various covid-related federal grants could be spent, Wolff said that broadband service had the most support, with “a large number of people looking for reliable Internet service.” Other needs cited by residents was better child care services and “trying to do something for volunteer fire companies that couldn’t have fund-raisers” during covid-related shutdowns. Wolff said at the recent 100th anFate of funding request expected in six months niversary of Accomack High School, By TOM STAUSS be adequate to finance the installa- adding that there were 57 similar attended by Virginia Governor Publisher tion of 270 miles of fiber optic, pro- applications filed under the VATI Ralph Northam, he “got a plug in for the VATI grant.” astern Shore Broadband Au- viding 15,000 customers “with very program. Northam was a graduate of the thority has a goal of 2024 -- two high speed, very reliable fiber conIt’s a program that requires a loschool, and Wolff was not shy in askyears from now -- “to have total nections to the Internet,” Wolff said. cal financial contribution, Wolff said. ing for the governor’s assistance in completion” of high speed, fiber op- That includes about 14,000 resiThat contribution has already securing the grant. He’s hoping the tic Internet service in under-served dences including 290 home-based been secured in the form of $6.6 milgovernor will be helpful. parts of Accomack County, including businesses. lion in federal Recovery Act funding, “I introduced the governor (at Captain’s Cove, County Supervisor He said that grant money won’t be with $3.3 million already received the anniversary event),” Wolff said, Ron Wolff disclosed in an Oct. 21 distributed for another six months, and another $3.3 million expected quipping that he had learned prior constituents meeting. “and we won’t know til then if we get in about six months. to the ceremony “that Your ExcellenWolff told the assembled group it ... Keep your fingers crossed,” he That second tranche of funding of residents in Captain’s Cove at- added. will be used as Accomack’s contri- cy is the proper term for governor” tending the in-person meeting that ESBA in partnership with Acco- bution needed to secure the VATI, in Virgina. Wolff said that the commonissues with supplies and labor could mack and Northampton counties Wolff said. wealth has applied for another $2 affect the roll-out, with the “biggest has applied for $15 million in VirIn addition to Recovery Act fundbillion from the federal government issue” securing sufficient supplies of ginia Telecommunications Initiative ing, the county received a federal for broadband, “and hopefully we’ll fiber optic cable needed to complete (VATI) funding under a revamped CARES Act grant, which Wolff said get a chunk of that.” the build-out. application process that made the had more “stringent” requirements To Page 42 He said that grant money should partnership possible, Wolff said, on how it could be use than Recov-

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Letters from Santa

From Page 38 for adults, a version she called “kind of off the wall.” “Some people love it,” she said. Children all get the same form letter, but each is personalized with the name and town. This year, Phillips added a coloring book to send to children, all free of charge. “Over the years people have donated stamps, paper, so for me, it just costs me time. Ace Printing in Berlin is printing the coloring book,” she said. Anyone interested in donating to help pay for stamps and postage can use Venmo@santaphillips or @colby9115ocbp. And anyone who’d appreciate a letter can e-mail Phillips at Santaphillips@yahoo.com. Four years ago she introduced a new reindeer to help Santa and named him Peppermint because daughter Sadie loves candy canes. Letters mention Peppermint, what he’s doing and how he has grown and learned. This year the coloring book has a new elf named Gumdrop. In early October, Phillips starts gathering names and addresses. In November she accepts offers from friends eager to help and they assemble with pens, markers, stamps and, of course, glitter, Phillips said with a laugh, “that put it in the envelope so I can spread it to everybody’s house.”

“No, really, we only use a little bit. It makes it sparkly. And I always have glitter stuck to my face,” she said. The return address and postmark are from the North Pole, with full cooperation of the Ocean Pines Post Office. And, if children jot a few lines to Santa, they can drop them at the post office and she will pick them up and reply. So popular is Phillips’ annual campaign that requests might eventually increase into the thousands, but she isn’t concerned. A committee is being formed to get more area residents involved in tackling the holly jolly project. “It’s a happy thing that brings joy,” Phillips said. “All the kids get the same letters, but they are personalized with the child’s name. It talks about where Santa is and about him visiting them so if live in Berlin or in Snow Hill, I mention the town. I get a lot of the same people. The biggest thing is making sure the name and location match the address label because people do move. I don’t want the letter to say, ‘Santa is going to visit you in Berlin’ if you moved to Snow Hill,” she said. Santa tells young readers what he’s been doing during the year and how Mrs. Claus and the elves are. He reminds them to be kind and good friends to others and asks that they leave Rice Krispies in a bowl for his reindeer and not a trail of the cereal through the house that parents will end up sweeping.

This year Peppermint is learning to fly and will help Rudolph pull the sleigh. “Peppermint is part of an ongoing story that I started, which is why I wanted to have the coloring book. Now we have a little story line,” Phillips said. “It brings me joy and that’s why I do it. I don’t know most of the people I send them to. I don’t see the reaction on the other end but I know from my own daughters what the reaction was and the excitement and the joy. I think now, especially today, there is so much negativity that if I can take some time to spread some positive joy to other people, it makes me feel good. It’s making somebody smile. I do get a lot of people who send me pictures of their kids with the letter or they will send me a video of them opening it. A few years ago I sent out the picture of Peppermint when he was born. The kids are excited to see how he has grown. It’s fun. I’m also writing a story about Peppermint as he grows,” she said. Considering all the letters Phillips has bestowed and the dedication and glitter involved, nobody ever sent her a letter from Santa. “But my good friend, Kathy Jacobs of Delaware, had Santa Claus come to my house and bring me a present, a bracelet, and thank me for what I was doing,” she recalled. “I opened the door and Santa Claus was standing there. I had no idea he was coming. It was really special.”

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November 2021 Ocean Pines PROGRESS 41

Captain’s Cove Community Bulletin Board

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Swim Lessons Coming this Fall! Captain’s Cove is excited to be offering Swim Lessons this fall/winter with Coach Flynn! Flynn has been teaching swim lessons for over a decade and works with Children & Adults. There will be eight 4-week sessions of Group Lessons offered: Second Session: Saturday, November 6th, 13th, 20th & Dec. 4th (no class 11/27) Ages 4 to 6 years old will be 9:20 am ~ 10:00 am Ages 7 to 12 years old will be 10:20 am ~ 11:00 am There will be four 4-week sessions of Group Lessons offered: Second Session: Wednesday, November 3rd, 10th, 17th & Dec. 1st (no class 11/24) Ages 4 to 6 years old will be 4:00 pm ~ 4:40 pm Ages 7 to 12 years old will be 5:00 pm ~ 5:40 pm Cost per student per session: $10 for Members, $30 for Guests. Private Lessons for all ages will be offered in October: Cost for Private Lessons: 30 minute lesson ~ Members: $25 Guests: $30 Cost for Private Lessons: 45 minute lesson ~ Members: $35 Guests: $45 To sign up for group or private swim lessons, please stop by the Marina Club Front Desk or call 757-824-3465/email marinaclub@captscove.com Lessons will be held at the Marina Club pool

42 Ocean Pines PROGRESS November 2021 Census affects District 2 map

The results of the 2020 census are in and population growth in District 2, the area represented by Ron Wolff, means that the size of the district he represents will shrink when new maps are drawn for the nine Board of Supervisor and school board districts in the county. Wolff told an Oct. 21 constituents meeting that because of population growth in Captain’s Cove, District 2 had the most growth in the county since the 2010 census, while Chincoteague “lost a great deal of population.” The result will be that “our district will have to give up some area around the main NASA base” to District 1, which includes Chincoteague and is represented by Billy Tarr. “I didn’t want to give up (the area around the NASA base), but Mr. Tarr’s district will be a good area to hand it to,” Wolff said. Wolff chairs the board of supervisors and Tarr is the vice-chair. A revamped District 2 won’t cross Route 13 and will be entirely “seaside,” Wolff said. Each district will contain about 3500 people. Wolff noted that in the previous census, the federal government made a mistake when it determined that one census block had 5000 people in it. “We challenged it and it was corrected,” he noted. Nothing like that happened during the 2020 census. Wolff said that a public hearing on the new redistricting map was scheduled for Oct. 25 at Metompkin Elementary School. He also noted that there will be no change in polling places as a result of the reconfigured District 2. The nearest polling place to Captain’s Cove is in nearby Greenbackville.

More funding coming for fire companies

At the Oct. 21 constituents meeting, Wolff announced the likelihood of some additional funding support for local fire companies that can show a loss of fund-raising revenue from the covid pandemic. The method would be to add to the annual stipend that each fire company receives, he said. To receive the supplemental funding, Wolff said a fire company will be need to submit to a “pump test” and a financial audit of operations in 2019 and 2020 that can show a

CAPTAIN’S COVE CURRENTS

General Managers meeting recap

At the Oct. 18 meeting of the general managers in Captain’s Cove: • Senior General Manager Colby Phillips said that there have been three meetings to date on the Town Center project. New office space, parking lot expansion, a new veteran’s memorial, a new town center building, playground and golf cart barn are among the improvements planned. Phillips mentioned that the working group recently toured the Golf Clubhouse in Ocean Pines for ideas. • Phillips said the working group on golf cart usage on Cove streets is continuing to meet and soon will have possible changes in the policy to present to the Cove Board of Directors for action. • General Manager Justin Wilder presided over a series of public hearings on ECC violations on failing bulkheads in Captain’s Cove. Wilder said that property owners for the most part have “demonstrated willingness” to deal with bulkhead issues on their properties. He suggested that the Cove give owners until April 30 of next year to fix problems with no fines levied in the meantime. If issues have not been dealt with by then, Wilder said new public hearings could be scheduled at that time. There was one exception, Section 3, Lot 1442, in which the property owners have not responded to Cove efforts to communicate. Wilder announced that a $10 per day would be levied on the owners of this lot beginning at the end of October. • Wilder announced that Cove property owners who want to submit applications for renovations or new homes should place their applications in a drop box located in the Town Center office building, “downstairs from my office.” Having a single drop-off location should expedite handling of applications, Wilder said. • Wilder announced that the Cove’s new Web site “is all but finished” and will be going live very soon. He asked residents to send him photos of activities at Cove amenities to be included on the Web site. “Please send them to me” via email,” he said, adding that residents will get photo credits if their photos are selected. Wilder’s email is jwilder@captscove.com • Phillips on behalf of new food and beverage manager Jeff Landry announced a new menu for the Marina Club restaurant. There will be a Thanksgiving dinner served from noon to 3 p.m., with details to follow, she added. • Canal dredging will occur shortly, beginning at the marina canal and then extending to Starboard Street, Phillips said. • Director of Security John Costello announced that his department had recently purchased six radios with funding help by the CERT committee. The radios will be distributed to Cove employees at the pools and elsewhere to “call security directly if there are problems.” • Wilder fielded a question about whether the Cove would be installing round-abouts at certain intersections to deal with speeders. While round-abouts are mentioned as a possibility in a 2017 traffic study, in Phase III, Wilder said they’re not actively being considered by the management team.

revenue loss from not being able to conduct fund-raisers. “If they can show a revenue loss, they’ll receive up to an additional $50,000 from the county,” Wolff said, adding that the supervisors will probably take up the topic at their next meeting. Wolff also announced that Accomack County’s share of a settlement in a national lawsuit against pharmaceutical companies involved in the manufacture of highly addictive opioids will be $705,000, after lawyer fees are paid. The pay-out will be spread out over 18 year, with a lot of it front-loaded, he said., and the funding will be earmarked to deal with the county’s opioid problems.

Bus stop overcrowding raised by Colby Phillips

Concerns about over-crowding and safety and school bus stops in Captain’s Cove were raised by Cove Senior General Manager Colby Phillips during Ron Wolff’s Oct. 21 constituents meeting, which was also attended by District 2 school board

District 2 Supervisor Ron Wolff and District 2 Board of Education member Ed Taylor at Wolff’s constituent meeting in Captain’s Cove Oct. 21.

member Ed Taylor. Taylor said he would assist in trying to find a solution to the over-crowding, and he advised Phillips to schedule a meeting with the school system’s transportation director, Paul Brabazon, to discuss the matter. Following that meeting, Phillips

said a replacement bus stop is being considered on a cleared parcel to the left of Captain’s Corridor upon entering the main entrance. The mail pavilion near the front entrance was looked at, but she said there is insufficient room at that site to allow a school bus to maneuver turns safely.

CAPTAIN’S COVE CURRENTS

November 2021 Ocean Pines PROGRESS 43

Captain’s Cove Community Bulletin Board

44 Ocean Pines PROGRESS November 2021

OPINION

COMMENTARY

‘Bad faith’ on display in this summer’s OPA election

t seems not to have been widely reported in the local media, print or online, but Judge Sidney Campen in Oct. 13 hearing in Worcester County Circuit Court offered some insightful, and troubling, remarks about the way that the Ocean Pines Association handled its Board of Directors election this summer. Poorly, he said, more or less. The main points of the judge’s remarks have been reported accurately. The do-over election passed by the Board of Directors in a 4-3 vote was enjoined, halted before printed ballots (costing roughly $10,000 in wasted ink and felled trees) could be mailed to OPA members. The judge also ordered what should have been done at the scheduled conclusion of this summer’s election: the counting of all the votes of all four individuals who had been certified as candidates by former OPA secretary Camilla Rogers early in the process. What was not reported to any extent at all was the context of those decisions. As made clear in the quote from Judge Campen reproduced elsewhere on this page, and elsewhere in extended coverage in this edition of the Progress, he was not at all impressed with the conduct of this summer’s election. In judicially tempered remarks delivered from the bench, he in effect said that the Board of Directors had not adhered to OPA by-laws in the manner in which Richard Farr was disqualified as a candidate this summer, first by action taken by Rogers and effectively ratified by the board in later actions, with some notable dissent by directors Doug Parks and Tom Janasek. At one point, he even said that the board’s action were “not in good faith” as they pertained to the 4-3 vote in favor of a do-over election, one that would have excluded Farr as a candidate. Not in good faith? Not exactly a ringing endorsement of the defendants’ behavior in supervising the election. To be sure, Judge Campen has not yet ruled on whether Farr on Jan. 1 was an “owner of record” of property in Ocean Pines and thereby qualified to run for the board and serve if elected. That decision won’t happen until a scheduled hearing on the merits Nov. 15. The Oct. 13 hearing rendered invalid, unsupported, or just flat out wrong any number of actions and justifications for them offered up by the board majority in this sorry debacle of an election. Rarely in the annals of Ocean Pines have OPA property owners been so ill-served by directors. A board majority was complicit in dragging the community through an ugly process that could have been avoided by simply applying the plain language of the by-laws. Judge Campen said he was troubled by the timing of Rogers’ decision two weeks prior to the scheduled counting of votes disqualifying Farr as a candidate. He in effect said that there is

“I will tell you that I am still troubled as I was from the outset by the fact that Mr. Farr was certified early on as an eligible candidate and that was on May the 15th, that he was certified by Mrs. Rogers. “The ballots were mailed on July the 12th, 2021, with a return date deadline of August the 11th, one month [later]. And but for the telephone call, we wouldn’t be here. If the telephone call from an anonymous tipster that got all of this started and that created a closed session meeting where the Board disqualified, I understand ... Mrs. Rogers is now the person that’s being charged with having disqualified, but I suspect that the disqualification was discussed rather fully by the Board in the closed session. ... “Turning to the activities of the Board of September the 30th. The Board rescinded the July 30th, ‘21 closed session motion and then voted to conduct a new election with only three names on the ballot, Mr. Daly, Mr. Hardy, and Mr. Lakernick, not Mr. Farr. And I note that Mr. Daly participated in that vote. “I find that that action is not in good faith. I find that the Court certainly has a basis to enjoin that in favor of this Board counting the votes and deciding what it’s going to do under their by-laws.” ~ Judge Sidney Campen

no authority in the by-laws for a board secretary to decertify a candidate once that candidate was certified as a candidate. And no authority for a board majority to implicitly endorse that improper decertification by halting an election already in progress. He found that the board acted improperly by not counting all the ballots, including those cast for Farr, in accord with the timetable spelled out in the by-laws. The process for counting votes, and certifying the results, are also spelled out in the by-laws. In an earlier hearing, he had broadly hinted that the board should “do the right thing” and count all the votes, including Farr’s, a comment that some directors -- Colette Horn comes to mind -- seemed to have had some difficulty in comprehending. Eye roll emoji, please. His intent could not have been any more clear, especially as Rogers said on the stand that the board would be counting the votes and wanted to avoid the expense of a do-over election. Fast forward to the Oct. 13 hearing: Judge Campen clearly found wanting the board’s blinkered decision to conduct a do-over election, in stark contrast to Rogers’ earlier testimony about the intentions of the board. This do-over election, OPA General Counsel Jeremy Tucker said in a special meeting, was not “contemplated” in the by-laws. “Not contemplated in the by-laws” is another way of saying: Don’t do it, whatever it is you think you can get away with, because you have the four votes needed to make it happen. Having the votes doesn’t make it right, proper or consistent with the letter and spirit of the by-laws. Judge Campen’s ‘not in good faith’ comment seemed broad enough to encompass Director Daly’s vote for a do-over election. OPA President Larry Perrone had offered up a

troubling rationale for this do-over election: the precedent set by the board’s decision early last year postponing the due date for that year’s assessment from May 1 to Aug. 1 because of covid. That action was taken contrary to specific language in the governing documents. Fast forward to October of this year. Perrone cited that precedent to set a new standard for board action not contemplated in the by-laws: The board can act contrary to specific direction in the by-laws if the board deems it in the best interest of the OPA No, actually, it can’t. The by-laws don’t authorize it. Nor does any other OPA governing document. Rarely if ever has a more dangerous pronouncement on the extent of board authority been uttered by a board president. It took an elderly visiting judge from Talbot County to render that gratuitous overreach by Perrone and his board majority obsolete, if only these directors are conscientious enough to take the hint. To be clear, Judge Campen reads the by-laws to give the board the authority to remove a duly elected director from the board for cause if it deems an elected candidate ineligible. That in his view is how the Farr eligibility issue should have been handled. To be determined ineligible, the judge said a duly certified candidate first has to be seated and then subject to removal procedures “for cause” spelled out in the by-laws. If Judge Campen rules Farr eligible on Nov, 15, it seems almost inconceivable that a board super majority -- that’s five votes -- would vote not to certify his election. There would be no legitimate grounds to reject the will of a majority of OPA members voting in this year’s election. Even a board with members who didn’t support or vote for Farr should find the will of the membership impossible to ignore. ~ Tom Stauss

OPINION

November 2021 Ocean Pines PROGRESS 45

Knives lying in wait presage Janasek’s resignation

t was no surprise that Board of Directors member Tom Janasek resigned rather than face the feigned outrage on display during a public hearing to decide his fate. OPA by-laws give directors whose colleagues want to throw them off the board an opportunity to defend themselves. That’s a fair enough provision as far as it goes, but it doesn’t seem that way when four votes needed for removal are more or less guaranteed beforehand. Normally a two thirds vote of the board means at least five directors must be willing to toss one of their colleagues, but at the time a special meeting was called for the purpose of considering his removal, there were only six seated directors. Do the math. Somewhat ironically, the six-person board was created when former OPA secretary Camilla Rogers resigned after a miserable few months for her as a director. Janasek on a number of occasions had defended Rogers from the slings and arrows sent her way in the aftermath of her decision to disqualify Rick Farr as a candidate in this summer’s election. He was charita-

The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. 127 Nottingham Lane Ocean Pines, Md 21811 PUBLISHER-EDITOR Tom Stauss stausstom@gmail.com 443-359-7527 ADVERTISING SALES Frank Bottone frankbottone@gmail.com 410-430-3660 CONTRIBUTING WRITERS Rota Knott 443-880-3953 Susan Canfora 410-208-8721

LIFE IN THE PINES An excursion through the curious by-ways and cul-de-sacs of Worcester County’s most densely populated community By TOM STAUSS/Publisher OPA By-laws: Section 5.12. (b) A Director may be removed for cause by a two-thirds (2/3) vote of the entire Board of Directors provided the Director is notified of the proposed action and granted an opportunity for a hearing at a regular or special meeting of the Board of Directors prior to final action. (c) As used in this Section, “cause” includes (but is not limited to) absence from three (3) consecutive regular meetings of the Board without sufficient justification, being more than sixty (60) days delinquent in payment of any charges due the Association, or as provided in any Resolutions adopted by the Board which govern a Director’s conduct ... ble, when he had cause not to be. Rogers’ decision triggered a lot of unnecessary election trauma. But charitable he was, and one wonders, had she still been on the board, whether she would have been the fifth vote to expel Janasek from the board. Maybe not. Janasek in his farewell address prior to announcing his resignation made it clear he didn’t want to lobby his colleagues, in particular Frank Daly, to spare him from the fate he assumed was inevitable. Some of his supporters in the community wanted him to fight his removal. Instead, he delivered a stemwinder of a resignation speech early in the meeting sought by OPA Vice-president Collette Horn to consider his removal. Janasek’s extemporaneous remarks served as a warm-up for a run for the board next year. He’s already announced a re-election bid, which technically won’t be a re-election bid because of the ten-month gap from his resignation and when he might be seated on the board next summer. There’s a caveat on that announcement: Nemesis Larry Perrone, president of the OPA, has to seek re-election to the board next summer in order for Janasek to seek a new board term. It’s hard to imagine Perrone NOT running for reelection, given his elevated sense of self-worth, but anything’s possible. He’s stepped on a lot of toes during his year as president, and his presiding over this year’s board election fiasco is a headwind that could prove challenging. Unlike a previous kangaroo encounter under the infamous but not lamented and defunct B-08 ethics policy, Janasek in his farewell ad-

dress -- reminiscent of a rock star on a “farewell” tour only to rise like the proverbial phoenix soon after -declined to apologize for his email to the board offering up a rude and crude description of the close working relationship between Horn and Perrone. Rude and crude: The new, unwritten standard for director removal. He had apologized for some impolite comments directed at General Manager Viola last year. In a theatrical moment at the resulting B-08 hearing, Janasek met Viola half way across the room for a public handshake and mea culpa. It seemed sincere, and Janasek also promised to be on his best behavior for the remainder of his term, which was supposed to be August of next year. Let’s be clear: Tom Janasek on his best behavior is a reduced, inauthentic shadow of his real self. Part of the charm of the authentic version of Janasek: What you see is what you get, no airs, no pretensions, and he says what he thinks. In his swan song, his authentic self returned. Janasek clearly believes Horn and Perrone control the board with an iron fist. He was particularly incensed with the board majority -- Horn, Perrone, Frank Brown and Daly -- when it voted to conduct a new board election with only three candidates on the ballot. He was angered by the board vote to omit candidate Rick Farr from the new ballot. He was stunned and incensed when Daly, a candidate, voted for a do-over election sans Rick Farr. It was that 4-3 vote for a do-over election, subsequently overturned by Circuit Court Judge Sidney Campen, that prompted the indelicate email to his colleagues, which

he readily conceded gave his board adversaries what they wanted, a pretext to remove him from the board. Yes, he made it easy for them. Had it gone to a full hearing, we would heard annoying bleating about a “pattern of behavior unbecoming of a director,” or some such sanctimonious drivel. He pointed out that none of those who would have sat in judgment of him received more votes than he did when he was the top vote-getter two years ago. One of his inquisitors would have been the appointed Frank Brown, who never once in his appointed position deviated from the votes cast by Perrone and Horn. There is something unsettling and unseemly about an appointed director, someone who received no votes from OPA members to earn his seat on the board, sitting in judgment of someone who has. Janasek knows he should not have written what he did, but isn’t it interesting that his email with the indelicate phraseology leaked to oceanpinesforum.com, where it was headlined “Janasek Again.” Can’t imagine who did the leaking, but so much for keeping internal board communications private. Let’s keep that in mind when any high-minded director in the future threatens to “send some one to Siberia,” as Frank Daly has on occasion described it, for leaking sensitive board information. Did Janasek’s indiscretion justify throwing him off the board? Hardly. The OPA by-laws list the items that can justify board removal, with the additional language “but not limited to” giving a board super majority license to promiscuously toss a director for a few enumerated reasons and whatever “cause” suits its fancy. Standard English language these days, or at least the dialect of it spoken in the United States, is liberally punctuated with foul language. Language nazis have lost the battle. No doubt the occasional f-bomb or other nastiness has even penetrated the pristine walls of a board meeting. Janasek’s sin was to wrap foul language in describing the close working relationship, a political alliance even, between Horn and Perrone. The point he was trying to make was actually rather unremarkable. Still, it’s sad Janasek wasn’t more alert to the knives lying in wait.

46 Ocean Pines PROGRESS November 2021

Veterans Memorial Foundation to host in-person ceremony Nov. 11

he Worcester County Veterans Memorial Foundation announced it will once again host a traditional, in-person ceremony to commemorate Veterans Day on Thursday, Nov. 11, starting at 11 a.m. at the memorial grounds in Ocean Pines. Annual Memorial Day and Veterans Day ceremonies have been a hallmark of the foundation, and the events typically draw thousands of people from across the region. “We are very pleased to be able to present our traditional program, when we will honor all of our veterans,” Memorial Foundation President Marie Gilmore said. “Veterans Day observances gives us the opportunity to say ‘thank you for your service.’ We should also reflect on the sacrifices made by the families of each and every veteran as they wait, and pray, for the safe return of their loved one. “We invite you to join with us as we honor and recognize the sacrifices of all who have served to protect our freedoms,” she added. The program this year will feature guest speaker Col. Craig M. Harmon, vice-commander of the U.S. Air Force Expeditionary Center, Joint Base McGuire-Dix-Lakehurst. Additionally, the Delmarva Chorus will provide patriotic music. Seating is limited and those attending are encouraged to bring a chair. The ceremony will move to the Ocean Pines Community Center in the event of inclement weather. For more information on the Worcester County Veterans Memorial at Ocean Pines and the Worcester County Veterans Memorial Foundation, visit www.opvets.org.

Chamber announces 2021 award winners

The Ocean Pines Chamber of Commerce will host its annual awards banquet on Wednesday, Nov. 10, from 5:30 to 9 p.m. at the Ocean Pines Yacht Club. The chamber will honor this year’s award winners at the banquet. Business of the Year is Windmill Creek Vineyard and Winery. Business Person of the Year is Don Robertson of Sea Floor Flooring. Non-profit of the Year is Grace Center for Maternal and Women’s Health. Ambassadors of the Year are William and Sherry McFarland. New Chamber of Commerce officers for the coming year will be installed after the banquet. The evening begins at 5:30 with entertainment, followed by dinner at 6:15 p.m. and awards and installation of officers at 8 p.m. Tickets are $75 per person and can be purchased at the Chamber office at 11047 Cathell Road. For information, call 510-641-5306 or email info@ oceanpineschamber.org.

Anglers Club to meeting Nov. 13

The Ocean Pines Anglers Club will meet on Saturday, Nov. 13, at 9:30 a.m. in the Ocean Pines Library. Speaker will be noted rod maker and owner of JPR Rods, Paul Reyburn, who has been featured on local televisions Hooked On OC program. He will give a hands on demo of rod building for tog and fluke as well as guide options, grip and blank choices and will offer tips on blank actions, tapers and powers.

Kiwanis raffle tickets available online

The Kiwanis Club of Greater Ocean Pines - Ocean City has made the purchase of its 2022 “Lottery Raffle” tickets available online. Previously, all sales were in person only from members at Kiwanis events and the Ocean Pines Farmers Market on Saturdays. Those remain. To purchase tickets online, go to https://kiwanisofopoc.org/kiwanis-calendar-lottery-1 to purchase tickets. One ticket costs $20. There are 1000 tickets to be sold for the 2022 year from #000 to #999. One ticket has a chance to win for 365 drawings in 2022 based on the daily Maryland Evening “Pick 3” drawings. Paybacks are $20 for regular days and from $50 to $250 for special days.

HAPPENINGS Winners receive checks from Kiwanis through PNC bank within two weeks of the date of the win.

Kiwanis annual coat and toy drives

The Kiwanis Club of Greater Ocean Pines-Ocean City has announced its annual coat and toy drives. Collections in the Ocean Pines Community Center parking lot from 10 a.m. until 1 p.m. on Thursdays began on Oct. 28 and are scheduled for Nov. 4, 11, 18 and Tuesday, Nov. 23. Unwrapped toy donations will be delivered to Worcester G.O.L.D. and coats will be taken to Little Sisters of Jesus and Mary, and St. Peter’s Lutheran Church. Boots, shoes, thermal ware, sweatshirts, sweaters, jeans, gloves, scarves and blankets are also accepted.

Safe boating course offered Nov. 1-4

The Coast Guard Auxiliary will be offering the Maryland Safe Boating Course virtually from 6 to 9 p.m. on Nov. 2, 3 and 4. This is the last chance to take the organization’s Boat Safety Course this year. The Maryland Boating Safety Education Act requires that anyone born after July 1, 1972 must possess a Maryland Basic Boating Safety Certificate to operate a boat in the state of Maryland. Those attending the class, and passing the test will receive a Maryland Boating Certificate, which is approved and valid in all states. A fee of $200 covers the cost of the course and materials. CHecks should be made payable to: USGCAUX 12-05 and mailed to: USCGAUX 12-05, PO Box 1682, Berlin Md. Payment via PayPAL is also accepted. For more information or to register contact Barry Cohen at 410-935-4807 or E mail CGAUXOC@gmail.com.

BJ’s Wholesale Club membership offer returns

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. With this offer, new members receive a 12-month BJ’s Inner Circle Membership for $25 or a BJ’s Perks 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 $55 and receive a $20 cash award to be used at the register, or a Perks Rewards Membership for $110 and receive a $30 cash reward to be used at the register, with BJ’s Easy Renewal. Cash awards will be added to the member’s primary membership account 24 hours after enrollment and must be used within 45 days from the enrollment date. In addition to offering special membership benefits, BJ’s will donate $5 of each Inner Circle membership fee and $10 of each Perks Rewards membership fee to the foundation. BJ’s membership applications are available at the Ocean Pines Association 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. For more information, call 410-641-7717 ext. 3014.

Pickleball tournament nets $17,000

The Ocean Pines Pickleball Club helped raise more than $17,000 for the American Cancer Society during the fourth annual Pickleball Pink Ribbon Classic, held Oct. 1 at the Ocean Pines Racquet Center. Nearly 100 players on 12 courts participated during the event, and three dozen players received gold, silver, and bronze medals. The event also featured 27 volunteers, 22 sponsors, and 51 additional donations. “The Ocean Pines Pickleball Club worked very hard on organizing this event. With 96 players and many levels, we had to carefully group the brackets to make the best fit possible,” Tournament Director Chris Shook said.

November 2021 Ocean Pines PROGRESS 47

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48 Ocean Pines PROGRESS November 2021