November 2023 Ocean Pines Progress by Ocean Pines Progress

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Viola raises concerns about funding OPVFD equipment

November 2023

While funding a new Southside firehouse remains the top priority for General Manager John Viola, an objectithe ve in which he’s in synch with Board of Directors, there are other big ticket items needed by the Ocean Pines Volunteer Fire Department that have raised concerns about how they should be paid for.

So much for that dedicated Board room that was floated as a trial balloon in late September/early October. The trial balloon crash landed at the Oct. 28 Board of Directors meeting when Ocean Pines Association President Rick Farr said the idea was “not on the agenda.” The idea had gained some altitude in a commentary on oceanpinesforum.com in late September, and perhaps a little more in an article that appeared in the Progress in early October.

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Farr punctures Board room trial balloon

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Farr hopeful firehouse ownership issue can be resolved amicably OPA president, Viola to meet with OPVFD membership Nov. 7 to address concerns By TOM STAUSS Publisher cean Pines Association General Manager John Viola had said that there would be a presentation to the community on plans for a new Southside Firehouse at the Oct. 28 Board of Directors, but that didn’t happen. Instead, he said that he now expects to lay out plans and funding options at the Board’s November meeting. The reason for the delay is an apparent flare-up on an issue that the OPA’s firehouse working group thought it had previously resolved. According to OPA President Rick Farr, top leaders in the Ocean Pines Volunteer Fire Department recently rescinded a handshake agreement to convey the new facility and the land it sits on to the

OPA once it’s built with the assistance of a significant OPA contribution. Farr said the working group was told by OPVFD President Dave VanGasbeck and Fire Chief Steve Grunewald that they could no longer agree to convey the property to the OPA because of unanticipated pushback from the OPVFD membership. “We thought we had a gentleman’s agreement on this,” Farr said. “This Rick Farr means we will have to have some negotiations with the fire department to resolve this. Meanwhile, we don’t To Page 3

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COVER STORY From Page 1 want any negative information out there about us (the OPA) and our support for this project and the OPVFD. We’re all about the public safety of our community.” He said the OPA recently received a letter from local state legislators Delegate Wayne Hartman and Senator Mary Beth Carozza asking about the status of the project, perhaps with a subtext wondering why the OPA seems to “dragging its feet” on moving ahead with the project. Even with this snag, Farr said he remains optimistic that the ownership issue will be resolved amicably. “It’s in everybody’s interest to work it out,” he said. Indeed, at the Oct. 28 meeting of the Board of Directors, Farr said there had been a cordial, productive meeting between the OPVFD and the working group earlier in the week. He later told the Progress that the issue remains as a “work in progress” and that he fully expects it to be resolved. But he said he preferred not to discuss what was actually said during the work group meeting, suggesting that it’s better to allow the process to unfold. He said that he and Viola would be attending

the OPVFD’s membership meeting Nov. 7 to explain the practicalities of the ownership issue. He said he wasn’t sure whether members of the work group would be attending also. Farr said the latest cost estimate for the new building is $3.8 million, with one option to cover $1.6 to $1.8 million of that with a mortgage loan that would be serviced by the OPA. He said that he’s been told that lenders including federal agencies that provide financing for firehouses may be reluctant to issue a mortgage to either the OPA or the OPVFD if the entity servicing the debt does not hold title to the mortgaged property. If that turns out to be the case, then the OPVFD may have little choice but to follow-through with the original agreement. If there’s flexibility by lenders, then perhaps the OPVFD will have a better shot at negotiating the ownership option preferred by at least some of its membership. Farr said he’s not sure exactly why members are opposed to OPA ownership of the Southside firehouse, since the OPA owns the land where the Northside facility sits with a 100-year lease. But he says he’s heard that some OPVFD members may be concerned that sometime in the future, perhaps when there are an insufficient number of volunteers available to serve as fire-fighters, the OPA will decide to swoop in and

take over operations at the Southside firehouse. Farr said he doubted that would ever happen, if for no reason that the OPA would incur a substantial increase in operational costs if that happens. Another OPA source who asked to remain unnamed said the OPA absolutely does not want to take over fire-fighting or emergency medical operations and hopes that there will be a sufficient number of new volunteers well into the future to handle fire-fighting. Emergency medical technicians, on the other hand, are paid employees funded by the OPA. Even if there comes a time when the OPA will step up to pay firefighters, this source said he could never envision the time the OPA would want to move in and replace the OPVFD. Under OPA governing documents, the OPA is responsible for providing fire and emergency medical services to Ocean Pines. That has never been an issue. Farr said that one advantage for the OPA owning the building is that the OPA would assume any costs associated with maintaining it. “This should be an important point for OPVFD members to consider,” he said. “They wouldn’t have to worry about maintenance.” VanGasbeck declined comment for this article but said the OPVFD would issue a statement sometime after the Nov. 7 meeting.

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Viola raises concerns about shortfalls in funding OPVFD equipment purchases Says there’s a $750,000 reserve deficit for pending replacements

By TOM STAUSS Publisher hile funding a new Southside firehouse remains the top priority for General Manager John Viola, an objective in which he’s in synch with the Board of Directors, there are other big ticket items needed by the Ocean Pines Volunteer Fire Department that have raised concerns about how they should be paid for. In a meeting with the Budget and Finance Advisory Committee Oct. 24, Viola alerted the members of a funding shortfall for replacement equipment that, under ideal circumstances, would be funded out of the OPVFD’s replacement reserve. The problem, according to Viola, is that in the next couple of years the OPVFD’s reserve study indicates about $1.6 million will be needed to pay for fire-fighting apparatus. Currently the reserve contains $846,000, or about 18 percent

of the fully funded replacement value of equipment, Viola said, leaving a $750,000 shortfall that will have to be funded somehow. He said that $750,000 is the equivalent of $100 on the base annual lot assessment, an increase Viola clearly would prefer to avoid. The OPA over the years has paid for about 50 percent of the cost of new fire engines and ambulances, so the situation facing the OPA is not without precedent. Viola said that one possibility is to determine whether the 20-year life of some of this equipment can be extended, thereby buying some time before replacement costs are incurred. He said the big hits on finances shouldn’t come before the 2025-26 fiscal year, so there is time for the committee, the OPVFD and the OPA to arrive at a funding solution. Committee chair Dick Keilling asked Viola whether the working

group that is devising plans and financing for the Southside Firehouse is also working on the equipment funding issue, and Viola said no. He went on to say that while there is an memorandum of understanding in place that deals with funding issues, there is discussion of coming up with a contract as an alternative to revising the MOU. Committee members suggested that the OPA management team review the OPVFD’s reserve study and its anticipated equipment needs to verify that the replacement costs are accurate. “Trust but verify,” Keiling said during discussion. Viola said that had already been done to some degree, reitterating that perhaps the best way of dealing with anticipated purchases is to see whether the useful life of some of the equipment can be pushed out by two or more years. Another possibility that didn’t

COVER STORY come in for discussion during the meeting is the option of borrowing the money to buy the equipment. There would be principle and interest costs with that approach, but the need to draw down the OPA’s replacement reserve would be less. Viola has said that there may be legal issues with taking out money from the OPA’s replacement reserve to pay for equipment that the OPA doesn’t own; a similar issue has been raised with using replacement reserve funds for the construction of a Southside Firehouse that, as it stands now, the OPVFD owns. OPA counsel Bruce Bright will be tasked with determining whether OPA reserve funds can be used in that way. Viola and the committee then segued into a discussion of updating the OPA’s reserve study, last done in 2021 in what Viola called a “light” review done by the consulting firm, DMA, working closely with the OPA. Viola reminded the committee that there has been general agreement that the OPA will be moving to funding replacement reserves in To Page 7

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Farr punctures Board room trial balloon

Funding shortfall From Page 4 a range of 28 to 32 percent of the replacement value of assets. Currently the percentage is 24 to 28 percent, and it’s closer to 28 percent than 24. While there was no formal recommendation from the committee on the ideal percentage, new member Doug Parks, a former OPA president and Board member, said that given financial pressures on the OPA’s replacement reserve it might be prudent not to extend the percentage to 28 to 32 of the replacement value of assets. There was no disagreement among other committee members to Parks’s comment, but it’s a long way from being a settled issue. Viola has been an advocate of the higher range, and it doesn’t seem likely he would simply give up on it because of funding pressures with impact on the budget and annual lot assessment. Even at 24 to 28 percent, the OPA’s replacemernt reserve balance is probably among the best in the state.

Idea crash lands less than a month after it was initially floated

By TOM STAUSS Publisher o much for that dedicated Board room that was floated as a trial balloon in late September/ early October. The trial balloon crash landed at the Oct. 28 Board of Directors meeting when Ocean Pines Association President Rick Farr said the idea was “not on the agenda.” The idea had gained some altitude in a commentary on oceanpinesforum.com in late September, and perhaps a little more in an article that appeared in the Progress in early October. The same “unnamed individual” was the source for both media outlets. The source suggested that a new Board room could be appended to the existing administration building, perhaps with a breezeway between them. At a 1,000 square feet, the proposed Board room would have had seating for 150 chairs, nothing fixed, with an estimated cost of $450,000 to $650,000.

At the time, Farr seemed open to the idea, although even then he was more invested in the possibility of adding removable furniture at the Clubhouse meeting room where the Board currently meets for most of its meetings. Farr said that pending a permanent Board room, he favored upgrading the furniture in the meeting room in the Golf Clubhouse where the Board currently conducts most of its meetings. He forwarded an image of removable furniture that he said could be purchased to replace the current folding tables. It was published in the October Progress. “If we want professional decorum in our Board, it (the Clubhouse meeting room) needs to start looking like a Boardroom,” he said. Farr said that this would be an interim solution that “we would use and then we can plan/design a dedicated Board room for the future.” To Page 9

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Committee proposing changes for conduct of 2024 election By-laws, Board resolution revisions requested By TOM STAUSS Publisher he Ocean Pines Elections Committee in its final report on the 2023 Board of Directors election is making two recommendations for changes in the way the election is conducted next summer, but the committee chairman, Tom Piatti, recognizes some challenges for that to happen. That’s because one of the recommended changes would require an amendment to the Ocean Pines Association by-laws, and changing the by-laws isn’t easy. Unlike Board resolutions, which can be changed with a simple majority vote of the Board, by-laws changes require a majority of those voting in a community-wide referendum to approve them. Whether that can be done between now and April of next year, when the election season informally begins, is the challenge that Piatti recognizes. He said as much during a recent interview with the Progress. The committee’s report also recommends that the By-laws and Resolutions Advisory Committee be tasked with the job of coordinating a rewrite of by-laws pertaining to elections, to adjust the 35-day eligibility date for voting and/or the date of the annual meeting of the Ocean Pines Association. As noted in the report, OPA by-laws [Section 3.01(c)] state that to be eligible to vote, a member must be in good standing with paid up annual assessments 35 days prior to the annual meeting. For the 2023 election, that date was July 6 and the annual meeting was scheduled for Aug. 11, the traditional second Saturday of the month as specified in Section 4.02 of the bylaws. According to the report, election materials can’t be mailed prior to the 35-day cutoff. To do so could result in the disenfranchisement of some OPA members who pay their assessments right before the 35-day deadline. “Thirty-five days may have been sufficient time in the past when the USPS was reliable and using a local printing contractor to print, mail and pick up envelopes from a local post

Board room From Page 7 That was then. It took less than a month for the trial balloon for a new Board room to plummet down to earth and crash land. Farr’s idea for new furniture will probably fare better. “Another Board room is not on the agenda,” Farr said during the Public Comments segment of the Oct. 28

office, besides volunteers to count ballots, but today, thirty-five days is insufficient,” the report says. The reason for that is that this past summer, the OPA, on the recommendation of the Elections Committee, decided to outsource the entire election process to a vendor in Washington state. There were complications and controversy when a subcontractor hired to mail out ballots was a week late in doing so. The loss of one week in mailing out the ballots led to a Board decision to add two weeks to the deadline for returning ballots. The annual meeting was also pushed back two weeks to accommodate the later return deadline. Technically, the decision to delay the annual meeting of the association, more accurately described as the annual meeting of the members of the association, ran afoul of Section 4.02 of the by-laws that state that this meeting “shall be held on the second Saturday in August each year.” There seems to be recognition in the by-laws that this mandate may not always be met, however, and there is no redress spelled out for failure. Elsewhere in Section 4.02 it says that failure to hold the annual meeting on the second Saturday in August would not cause a forfeiture of the OPA’s charter or dissolution of the association. In addition, 4.02(b) says that if the meeting isn’t held for lack of a quorum “or any other reason,” the Board is required to conduct a special meeting to accept the “voting results” from that summer’s Board election. That didn’t happen this past summer, either. The Elections Committee presented the results at the delayed annual meeting instead, and no one objected. The committee is recommending revision of the by-laws to provide more time to process election documents, without advocating for any particular change. Changing the annual meeting date would require a revision to Section 4.02. Changing the 35-day cut-off for voting would

Board of Directors meeting. Pines resident Lora Pangratz told the Board that she didn’t feel “we need a dedicated Board room.” Instead, she suggested that during Board meetings, that TVs in the adjoining bar area be turned down or off to reduce noise in the meeting room. She also advocated for allowing remote viewers of meetings to be able to participate in the Public Comments segment of meet-

require a revision to Section 3.01(c). The second change recommended by the Elections Committee would remove a requirement for the remote observation of the ballot count. That would be easier to accomplish, as this requirement is not included in the by-laws. It’s found in Section 9 of Attachment A of Board Resolution M-06. Board resolutions can be changed by simple majority vote of the Board. M-06 has been amended to accommodate last-minute changes in the conduct of the Board elections the past two summers. Section 9 of Attachment A of M-06 reads as follows: “Counting Ballots. It is the responsibility of the Committee to count the ballots either by the Committee itself or the Committee may delegate this responsibility to an independent contractor hired pursuant to Section 5.A. The ballot counting operation may be observed remotely by any association member. Association members may witness the ballot counting process remotely but will not be privy to vote totals during the counting process nor engage in any way with the ballot counting process, Election Committee, consultants, or Association staff. “The ballot counting will be conducted in a room of sufficient size to accommodate the process and remote viewing of the process for Association Members wishing to observe the count, said room shall be properly equipped to allow clear remote viewing for Association members wishing to observe the count. The Committee may request the assistance of a computer consultant and designated Association staff.” Remote observation of the ballot count did not occur this past summer, despite the language in Section 9 of Attachment A. The vendor, Election Trust of Bainbridge Island, Washington state, conducted a widely praised process of adjudicating ballots that could not be counted on the vendor’s equipment, for a variety of reasons. This live-streamed adjudication process allowed for human intervention in analyzing perhaps 50 or so ballots that could not be machine-read. The actual opening of ballot envelopes and electronic counting of ballots occurred out of

ings. What caused the change in Farr’s attitude in less than a month? Social media commentary no doubt was a contributing factor. A podcast on the topic of a new Board room recently was posted on the Ocean Pines Residents Oversight Community Website, seeming to suggest that the idea was being considered at the highest levels. Farr is no fan of the ROC sites

To Page 11 and its content. In remarks early in the Oct. 28 Board meeting, Farr disparaged social media as the source of reliable information, without naming ROC or any other media outlet. He suggested that anyone who wants reliable information should check out the OPA Website. After Pangratz made her remarks, Farr seemed ready to puncture the trial balloon, and he did.

10 Ocean Pines PROGRESS November 2023

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Piatti faults vendor for late ballots, but commends rest of process

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From Page 9 observable range. As noted by the committee in its report, “we find that the requirement for remote observation of the ballot count unnecessary because ballots are electronically machine read and disputed ballots are set aside and adjudicated by humans. “Moreover, and as experienced during the 2022 election, there was no way to observe electronically submitted online ballots. Finally, the remote observation requirement shrinks the number of contractors that provide such a service.” The report implied but did not concede that instructions in M-06for observing the vote count this past summer were not followed. In his interview with the Progress, Piatti said that “maybe” remote observation of the ballot count did not occur in precise alignment with the language of Section 9 of Attachment A. A Board decision to remove this requirement would ensure that this apparent disconnect would not occur next summer.

the number of properties owned, but it is assumed that not every owner was aware of or acted on this option. This past summer, on-line voting was discontinued, by decision of the Board of Directors, but in its final report the committee reiterat-

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of their properties, and some were disenfranchised if they did not take advantage of on-line voting available that year that counted votes for each property owned. That year, there was also the option of requesting multiple paper ballots to match

By TOM STAUSS Publisher final report by the Elections Committee on the conduct of the 2023 Board of Directors elections gave high marks to vendor Election Trust while faulting the Washington state contractor for its tardiness in sending out ballots to Ocean Pines Association members eligible to vote. Outsourcing the printing, mailing and counting of ballots to Election Trust solved most of the problems encountered during the 2022 Board election, according to the report. To build vote confidence, the committee “recommended and the [Board] approved, providing an envelope with ballot for each lot owned and the suspension of online voting for the 2023 BOD election. This eliminated the unpopular and confusing ‘weighting’ of ballots by members with multiple properties during the 2022 election.” In 2022, owners of multiple properties received only one ballot for all

ed that it would like to reestablish online voting in 2024 and thereafter. The report noted that on June 17, the Board approved modifications to Resolution M-06 to clarify recount procedures and to allow a ballot count by an independent contractor. Traditionally, the committee had been involved in counting ballots using scanning equipment, a labor-intensive process that the committee was determined to abandon for good this past summer. The report commented on the u

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is Federally certified. Coordination meetings were successful and contractual agreed upon timelines were put in place. “Unfortunately, there was a seven-day delay by ET getting the ballot envelopes in the mail to our Members, which in turn, caused the two-week extension of the ballot deadline, along with a delay in the Annual Meeting. Additionally, the early establishment and sustained use of the Police Dept. ballot drop box became critical,” according to the report. The committee doesn’t sugarcoat what the delay caused, “a tremendous number of inquiries to the [committee] and angst among OPA Members for selecting a contractor on the other side of the US.” The report said that Election Trust did not have a solid reason for the seven-day delay, “other than a possible mix-up by their printing contractor in delivering the envelopes to the USPS Bulk facility and by not emphasizing these were election materials to be expedited.” The report also said that the

committee “learned that during the same period seven Puget Sound counties were going through an election with millions of by-mail ballots streaming through and placing a heavy burden on the Seattle area USPS (Washington is an All Mail-in Voting State).” Other than the delay in mailing ballots, the committee called Election Trust’s services “outstanding. The materials and ballot instructions were very clear, their periodic updates to the EC kept us informed of voting numbers. The live final tally and adjudication was extremely detailed and indisputable.” The report also noted that Election Trust provided a service never experienced in the past by OPA. After processing the ballot envelope, an email receipt was electronically sent to the voter for confirmation from vote@votegrity.net. “Unfortunately, many OP Members do not have an email address on file with the Membership Office and a large percentage of those emails

on file are obsolete which caused multiple bounceback emails,” the report said. In other comments, the committee said that: • “This year, the committee decided to not mail documents to eligible and ineligible members on the same day. 884 letters to ineligible members were mailed in advance. This action resulted in 108 Members resolving their ineligibility and who were later mailed ballot envelopes. This practice should remain in place.” • “The police department ballot drop box has been in use for years and worked very well for FedEx overnight delivery to our 2023 elections contractor. The [committee] should continue its use. Finally, the report noted that the 2023 election cost the OPA $19,950.22. There was no discount offered by Election Trust for the late mailing of ballots and the OPA did not dispute the final bill.

No ‘claw-back’ of Election Trust Cool in Scho contract payment, k oo Piatti says ol

From Page 11 strengths - there were many - and weaknesses of Election Trust, which suggests that the committee would be favorably disposed to rehiring the company for the 2024 election. But there was no formal recommendation. In a recent interview with the Progress, Committee Chair Tom Piatti said that once again the committee would send out bid packages to vendors. He said that Ace Printing and Mailing, the OPA’s longtime vendor that lost the contract to handle this past summer’s election, would be invited to submit a proposal. Piatti cautioned, however, that the committee would be most interested in proposals that replicate the services offered by Election Trust this past summer. The report noted that Election Trust “has an outstanding reputation and serves many public and private organizations and their Clear Ballot adjudication platform

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By TOM STAUSS Publisher % % BERLIN OPTICAL hen ballots for the 2023 Board of Directors election arrived 16-B South Main St., Berlin • (1 block south of the Atlantic Hotel) EVERY FRAME COMPLETE SECOND roughly a week late in the mailboxes of Ocean Pines AsIN STOCK PAIR OF GLASSES 410-641-2020 sociation members, there was much social media turmoil, Mon., Tues., Thurs. & Fri. 9 a.m. - 4:30 p.m. angst among Election Committee members, and fears of another We accept many vision insurance plans. Ask us about YOURS. “failed” Then make your appointment at: Salisbury Optical or Berlin Optical OPA election. SALISBURY OPTICAL There was even talk of asking for a refund of some or all of the 800-K S. Salisbury Blvd. • (Next to the Greek Pita Place Restaurantl) estimated $15,000 contract amount approved by the Board for Wash410-546-1369 ington state vendor Election Trust. Mon. - Fri. 9 a.m. - 5:30 p.m. • Sat. 9 a.m. - 3 p.m. Then OPA Director Colette in an Aug. 1 Board meeting was highly critical of Election Trust’s performance, a position that most other directors avoided. In the end, the OPA made no effort to claw back a portion of the $15,000 contract award, which because of increases in postage and other factors resulted in a final cost of the election of $19,500. The election was budgeted at $20,000. Election Committee chair Tom Piatti said the decision was made not to seek a refund because, aside from the snafu on the ballots, Election Trust’s performance was outstanding, with no other flaws Mon., Tues., Thurs. & Fri. 9 a.m. to 4:30 p.m.

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From Page 13 or problems. As for the late ballots, Piatti said he was satisfied with the explanation provided by the vendor. In the post-election report that he wrote for the committee he said that Election Trust did not have a “solid reason” for the seven-day delay “other than a possible mix-up by their printing contractor in delivering the envelopes to the USPS Bulk facility and by not emphasizing these were election materials to be expedited.” The report also said that the committee “we learned that during the same period seven Puget Sound counties were going through an election with millions of by-mail ballots streaming through and placing a heavy burden on the Seattle area USPS (Washington is an All Mail-in Voting State).” Those reasons were sufficient to persuade Piatti that the OPA shouldn’t try to claw back a portion of the contract amount. “And it’s not going to happen again,” he said, should the OPA decide to hire the company again to handle the 2024 Board election. “They’re aware of it, and fixes for what happened will be in place.” Piatti said also said he was told that Election Trust executives viewed the live stream of the Aug. 1 when then Director Colette Horn made what Piatti considered to be derogatory comments about the vendor’s competency. “They thought the comments were potentially defamatory and were at least thinking about legal action,” he said. “They’re a large, very respected company with lots of customers.” No legal action resulted, and indeed relations between the OPA, the Election Committee and Election Trust improved dramatically over the course of the election season, culminating in a widely praised live stream of ballot adjudication, when about 50 ballots tossed out during the machine count were resolved by committee members with an Election Trust official in Washington State.

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Playing hardball, Tim Johnson is elevated to Racquet Sports director After resigning, a productive meeting with Viola results in a promotion and quick action on concerns By TOM STAUSS Publisher t was a risky maneuver and even a hail mary pass to keep his job and win a promotion, but former racquet sports manager Tim Johnson proves that playing hardball can sometimes pay off in the Ocean Pines Association employment arena. Mixed metaphors aside, Johnson employed some tactics that, in other circumstances and with other individuals, might not have succeeded. His did. After abruptly resigning in early October and sending out an explanatory email to a couple of racquet sports members, who in turn widely disseminated the email, Johnson thought his relatively brief tenure with Ocean Pines was at an end. He mentioned an exit interview with General Manager

I Tim Johnson and crew raking a tennis court at the Ocean Pines Racquet Sports Center with newly acquired equipment.

John Viola scheduled for Oct. 10 and hinted that he might be persuaded to reconsider his resignation “if I can convince him to do the right thing by us.” His email was not complimentary toward the OPA administration. On the contrary. “Why waste my time at a workplace that is satisfied with second-rate courts, shabby facilities, and porous borders, because they won’t even respond to numerous pleas?” he wrote, his prose redolent with frustration. The widely distributed email resulted in an avalanche of emails to the OPA and Board of Directors urging the OPA to do almost anything to keep Johnson on the job. One source told the Progress that there were about 200 of those emails. Whatever the precise number, the outpouring of support for Johnson by the racquet sports members was noteworthy. While some social media commentary suggested that the OPA should not bend to the whims of a disgruntled former OPA employee, To Page 20

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20 Ocean Pines PROGRESS November 2023 Tim Johnson From Page 16 Viola apparently thought otherwise. He concluded that the situation was salvageable. Johnson had prepared breakfast for club members the day before he resigned and did not clear out his personal possessions from his makeshift office. And the reference in his email to his willingness to “come back to finish this amazing voyage” might also have persuaded Viola that Johnson was someone he could work with.

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The Oct. 10 meeting resulted in a meeting of the minds. “I had a meeting on Tuesday, Oct. 10 with Tim Johnson to discuss some misunderstandings and a lot of misinformation in the Ocean Pines Community regarding the Racquet Sports operation,” Viola said in a statement. “We had a very positive discussion about some of the issues that had been encountered and, based upon this meeting, I’m pleased to announce that Tim will be promoted to Director of Racquet Sports effectively immediately,

and he will report directly to the GM. I have committed to regular meetings with Tim to discuss any operational needs. “We’re happy to be moving forward and we expect great things from Tim, as he is focused and committed to the Racquet Sports operations.” As manager of the racquet sports facility in the Manklin Recreational complex, Johnson had reported to Recreation Director Debbie Donahue. Not having direct access to Viola

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probably contributed to Johnson’s frustration over the lack of progress on issues of concern to him. “Being lower on the pecking order was a problem,” Johnson said in a recent interview. “Directly dealing with John and being able to contact other department heads directly is very helpful.” Chief among Johnson’s concerns was his advocacy of fencing in areas of the racquet sports complex to prevent people from using the courts without paying. Viola in a recent text to the Progress said that the fencing is in the works. Actually it’s screening that will be added to the ranch-style fencing already in place. Estimated cost is about $3,000. The Public Works Department will install it when it arrives, he said. In a recent interview, Johnson said he was very pleased with Viola’s willingness to move quickly to address concerns. The approved capital budget for the current fiscal year included $8,000 for pickleball fencing between courts 1-4 and 5-8. Johnson said he was pleased that this very important concern is being addressed. On the day of his Progress interview, Johnson showed off a cart with a mesh-like tool behind it used to smooth out tennis courts. It was borrowed from Public Works that uses it for the nearby softball field. It’s called a trike Sand Pro, and is also used on golf courses to rake sand traps. “It took us maybe 20 minutes to do by hand what this cart can do in three minutes,” Johnson said. “Very appreciative of Eddie (Wells, Public Works director) and John for making this happen,” Johnson said. His letter to members is as follows: “I realize my abrupt departure may have been cause for concern, but if you recall, I have spoken ad nauseum about my frustration and disappointment with the OPA consistently saying no to my proposals that I know are in the best interest of the members. “So, first, know that I have not suffered a psychotic break, no family tragedy, and no health issues. I simply became fed up with the administration trying to convince me they know better than I what we need to make our place amazing. “Apparently we are not a priority, and I realized that they don’t care To Page 22

OCEAN PINES

November 2023 Ocean Pines PROGRESS 21

22 Ocean Pines PROGRESS November 2023 Tim Johnson

From Page 20 about my qualifications, my expertise, or my contributions to the life of our club. “Given that, I had no option but to resign. Why waste my time at a workplace that is satisfied with second-rate courts, shabby facilities, and porous borders, because they won’t even respond to numerous pleas? “Funny ... that you mention the fence and John says it’s in next year’s budget proposal. I have talked about this for months and he never mentioned this to me... “I meet with John for an exit interview on Tuesday. It may be superfluous, since I understand they are already preparing a job description for the next schlub, but if I can convince him to do the right thing by us, I would come back to finish this amazing voyage we have started. “If you are so inclined, please let the GM and the chair (of the Racquet Sports Committee) know that, if they want what is best for us, they will learn to trust that I know what I am doing and they should support us rather than dismissing our concerns,” he concluded.

OCEAN PINES

A few developments in the Mailloux case

State attorney general files appeal brief in jurisdictional dispute; defendant’s attorney files petition of expungement By TOM STAUSS Publisher here have been a number of recent developments in the case against Tyler Mailloux, the West Ocean City man accused of leaving the scene of an accident that killed Ocean Pines teenager Gavin Knupp in July of 2022. All misdemeanor and criminal traffic charges against Mailloux were dismissed by Worcester County Circuit Court Judge Brett Wilson in August, who ruled that the Office of the Worcester County State’s Attorney should have filed the charges in district court instead of circuit court. Wilson said the charges could be refiled in District Court, advising that some charges, most likely the misdemeanors, might have already expired because of the statute of limitations, which generally require the state to file charges within a year of the alleged violations. Felonies generally have a three-year limitation.

Mailloux attorney George Psoras argued that provisions of state law applicable in this case gave the defendant, not the state, the right to ask that the case be heard in circuit court, where a jury trial is possible. After a half-hour recess, the judge returned to open session where he accepted Psoras’ argument, apparently after having read the statute language cited by Psoras. Assistant State’s Attorney Pamela Correa seemed visibly upset by the ruling, as if she had not been expecting it. County state’s attorney Kris Heiser promptly announced an appeal of the ruling to the Appellate Court of Maryland. A brief in support of the appeal was filed Oct. 19 by the Office of the Attorney General, Anthony Brown and Assistant Attorney General Zoe Gillen White. According to a filing in late August, White was u

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November 2023 Ocean Pines PROGRESS 23

entered as the attorney of record on the appeal issue. The state’s brief argued that both district and circuit court had “concurrent jurisdiction” over four felony charges and four misdemeanor charges filed in the case, and that the state had the option of choosing where to file them. The remaining nine charges within the jurisdiction of the district court could then also be heard in circuit court once the initial eight were brought into circuit court, according to the state brief. No response to that brief has been filed by Mailloux attorneys. He has retained an attorney with the Appellate Division of the Public Defender’s Office, who has 30 days to respond to the state’s brief. Psoras remains as a second seat in the appellate process, according to a document obtained by the Progress. That means he could step in to assist in oral arguments, should one be granted by the Court of Appeals. The state has asked for oral arguments in the appeal. So far, according to the posted case record, that request has not

been opposed by Mailloux’ pro bono appellant attorney, whose name has not yet appeared in the case file. In another development over the summer, Psoras filed a petition for expungement, which would remove evidence of his arrest and prosecution from county and state records. That petition has been opposed by the office of the state’s attorney. There is no record of supporting briefs either pro or con having been filed in the expungement petition, but it seems like a matter of time. There is no timetable for involvement by the appeals court either. A relatively quick decision to get involved or a protracted process would seem equally plausible. The Court or Appeals is not under any obligation to hear the appeal, but given the high profile nature of the original case and the dueling legal theories about where the case should have originated, acceptance of the appeal seems plausible, if not likely. If nothing else, a ruling on the jurisdictional issue might provide some definitive case law that would be helpful in similar cases when and if they arise.

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The Yacht Club entrace sail sign after refurbishment by the Public Works Department.

OPA restores iconic Yacht Club ‘sail’ sign

he Ocean Pines Association in an Oct. 12 press released announced the successful rehabilitation of the iconic “sail” entranceway sign at the Ocean Pines Yacht Club. The sign has been part of the entrance at the intersection of Ocean Parkway and Mumford’s Landing Road for nearly 50 years. General Manager John Viola said the project, a collaboration between Ocean Pines Public Works and an outside contractor, reinforces the Association’s commitment to ongoing maintenance and preserving the rich heritage of the community. The restoration involved power washing and a thorough cleaning of the sail sign, plus the two Mumford’s Landing signs, by Public Works. An outside contractor repaired rotted wood and applied a fresh coat of paint. Ocean Pines Public Works restored the lettering on the signs. The origin of the sail sign is believed to trace back to a concept drawing featured in the original Ocean Pines informational booklet created by developer Boise Cascade. This symbol has stood as a point of reference for residents and visitors alike for nearly five decades, guiding them to the Yacht Club. The original Yacht Club and Marina were first envisioned in 1969. A groundbreaking ceremony occurred in 1973, with the Yacht Club and Marina’s completion in 1975. The sign was likely put up in 1975, to go with the opening of the new building. John Talbot, an original Boise Cascade salesperson and longtime community resident still active in real estate, fondly recalls the installation of the iconic sign. “It was a point of reference as an owner and you couldn’t help but notice it. It was just another added feature to tell people where the Yacht Club was going to be,” he said. Talbot vividly remembers the excitement surrounding the Yacht Club’s opening and said it was a hot topic of conversation throughout the community. Marlene Ott, an Ocean Pines resident for more than 50 years, noted that the entranceway also graces the cover of the “History of Ocean Pines, Maryland” book written by Bud Rogner. “I recall that it has always been there,” she said, adding the sign has always symbolized the Yacht Club for residents. Marvin Steen, one of the original developers and a resident for more u

24 Ocean Pines PROGRESS November 2023 Yacht Club sign From Page 23 five decades, also acknowledged the enduring presence of the sign. “It’s been there a long time!” he said. “The maintenance on those signs over the last few years has been fantastic. They’ve been looking really good.” The restoration of the sign not only preserves an iconic landmark, but has also visually improved its prominence. “Visually, the improvements made them more pronounced,” Talbot said. “I personally say that was a plus factor.” Viola said the Association will continue to focus on maintenance and upkeep of the community. Up next, he said Public Works will work to reproduce the original “Yacht Club” sign and sailboat that once stood at the entranceway. “Ocean Pines takes pride in its rich history, and we have an ongoing commitment to preserving our heritage,” Viola said. “The successful restoration of the signs at the Yacht Club is a testament to that dedication.”

OCEAN PINES

OPA soliciting bids for new trash collection contract Proposals due back to Viola by Nov. 13

By TOM STAUSS Publisher he Ocean Pines Association has posted on its Website and sent out requests for proposals to nine contractors for a new three-year contract to provide universal trash collection services to residences in Ocean Pines, including recycling. There’s also a commercial component, as the RFP is asking for prices to provide trash pickup at various amenities and facilities operated by the OPA. Linda Martin, senior executive office manager, announced the RFP at the Oct. 28 Board of Directors meeting during the General Manager’s report. She shares in the presentation duties with General Manager John Viola. The deadline for return of proposals is Monday, Nov. 13. After evaluation by staff, the recommended vendor or vendors will be presented for Board action at either the November or December Board meeting. The current vendor is Republic Services. The RFP asks for proposals for both refuse collec-

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tion and recycling, as occurs now in Ocean Pines. Currently, Republic Services provides twice a week refuse collection and once-a-week collection of recyclables. There is no indication in the RFP whether Viola and staff prefer a continuation of the current arrangement or could support once-a-week collection as an alternative. There also is no language in the RFP or the current contract that says specifically that the successful bidder would have exclusive rights to offer trash collection services in Ocean Pines. That might be assumed, as that has been the practice throughout the years and decades. In a text to the Progress, Viola said he would be open to adding specific language in a contract that would state that it’s not a contract for exclusivity. The RFP offers two plans for residential service. Plan A is for yearly service and Plan B is for sixmonth service, from May 1 to Oct. 31. To Page 26

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From Page 24 Each plan asks vendors to submit fees for once or twice a week refuse collection only, and each plan asks Callable Date: (00/00/00 or your N/A) Think carefully about 07/15/2028 when to start receiving benefits. for proposals for once or twice a week collection of both refuse and recyclables. 100 CallYouPrice: (000)your benefits by 39%. could be reducing As occurred three years ago, vendors are not required to submit proposals for options they don’t want to proAaa / AAA Rating: (XXX/XXX) I am here to help make that decision easier for you. vide. Other: Please contact(Obligor) me at 410-208-1704 for a Some vendors may be unwilling to provide twice-aone-on-one complimentary, no obligation * week coverage, for instance, while others might want to (0.00%) TAX-FREE 3.25 TAX-FREE* ase contact me at 410-208-1704 for a% oneoron one complimentary, consultation attend our seminar.no obligation, consultations or continue with twice-a-week collection. attend our seminar. Call for times, and location. Call for times, date anddates location Prince Georges Md (Name of MuniCnty Bond) In all cases collections would occur on a Monday through Friday schedule. Carrie Dupuie, AAMS 98.500 Price: Dupuie, (00.00) Carrie AAMS® My picture Coupon: (00/00/00) 3.25 (Financial Advisor Name) Also in his GM report, Viola and Martin said that: Financial Advisor Financial Advisor here Maturity Date: 07/15/2036 (00/00/00) • Priorities for the coming year include the new (Approved Title) 215 North Main Street 07/15/2028 Callable Date: (00/00/00 N/A) 215 North Mainor Street Southside fire and emergency medical services facili100 Call Price: (000) Berlin, MD 21811 Berlin, Aaa /MD AAA 21811 Rating: (XXX/XXX) ty; golf course irrigation, an estimated four or five-year (Address) Other:410-208-1704 (Obligor) 410-208-1704 process with details of the first phase to be presented (City, ST 00000) Carrie.Dupuie@RaymondJames.com at the December Board meeting; and renovation of re(000-000-0000) I (Toll-Free: Carrie Dupuie, AAMS 800-000-0000) Raymond James(Financial Financial Services Inc.,Name) Member FINRA/SIPC Advisor strooms and pro shop at the Racquet Sports building. (Approved Title) James Financial Services Advisors, Inc. Investments advisory services offered Raymond Fax:through (000-000-0000) • The Yacht Club entrance “sail” sign has been reno(Address) (E-mail (City, STAddress) 00000) vated at a cost of $4,700. (000-000-0000) I (Toll-Free: 800-000-0000) (Website) Fax: (000-000-0000) • After a discussion with OPA President Rick Farr, (E-mail Address) (Website) the landscape boat at the Beach Club was removed. Viola also said that the Public Works Department trimmed the holly bushes, ripped out dead shrubs, pulled out ivy, Subject to availability and price change. Minimum purchases may apply. The yield is the lesser installed flower beds and added mulch and plants along of yield to maturity or yield to call. Interest is generally exempt from federal taxation and may also be free of state and local taxes for investors residing in the state and/or locality where fencing at the North Gate. the bonds were issued. However, bonds may be subject to federal alternative tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gains tax treatment. Ratings by Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to • The Pink Lady golf tournament on Oct. 18 with 67 06/07/2018 buy, sell or hold the security and may be subject to review, revision, suspension, reduction or 00/00. withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely participants raised $5,674 for the Atlantic General Hospayment of principal and interest. No representation is made to any insurer’s ability to meet its availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is generally exempt financial commitments. Ratings and insurance do not remove risk since they do not guarantee pital Foundation. al taxation and may alsothebemarket free ofvalue stateof and local taxes for investors residing in the state and/or locality where the bonds were issued. However, the bond. be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital• gainsHe tax treatment. and staff are working on a split rail fencing for Securities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to buy, sell or hold the security and may be subject to review, (c) 2015 Raymond James Financial Services, Inc., member FINRA/SIPC 15-MFI-0113 ICD BS 8/15 theof principal front perimeter of the Racquet Sports complex, at a spension, reduction or withdrawal at any time by the assigning Rating Agency. 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cost less than $3000; and a Rubbermaid shed, at an estimated cost of $6,000. A three-wheeler cart has already been made available to rake the tennis court. • The Pickleball Pink Ribbon Classic on Oct. 13 with 128 participants raised $13,000 for breast cancer research. • Speed bumps on the road to the Racquet Sports complex have been installed at a cost of $2,245. • The 2024-25 budget process has begun, with review of departmental proposals under way. Pricing, salaries, and reserve are key areas to be addressed. Viola said budget binders will be delivered to the Board and the Budget and Finance Advisory Committee before Christmas. Committee review is scheduled for two days, Jan. 2-3, and a Board work session is to be determined, but might be expected the third week of January. A public hearing on the budget would normally be scheduled the first week of February. • At the dog park, an agility course part has been ordered for both small and large dogs, fire hydrants have been removed, Public Works is looking into a concrete entrance for additional handicap access, and additional benches will be ordered and installed. • At Pintail Park, the split rail fence has been repair as requested by the Recreation and Parks Advisory Committee and clean-up of the park continues, with trash picked up three times per week. Martin recapped activity in the Department of Compliance, Permits and Inspections during September. She said that: • As of Sept. 30, there were 122 violations under review, beginning with 153 as of Aug. 31. There were 96 new violations and 127 closed violations during the month. There were 42 outstanding legal cases as of To Page 28

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28 Ocean Pines PROGRESS November 2023

Board will be getting more directly involved in compliance issues Directors consider on first reading a new Resolution M-01 that establishes an appeal process for property owners who feel aggrieved by OPA rules enforcement

By TOM STAUSS Publisher he Board of Directors are considering a new Board Resolution M-01 that restores visible involvement by the directors in the Ocean Pines Association process of enforcing restrictive covenants and the regulations administered by the Department of Compliance, Permits and Inspections. At the Board’s Oct. 28 monthly meeting, the directors on first reading accepted the proposed rewrite as introduced by Director Elaine Brady, liaison to the ARC. Final approval awaits a second reading, perhaps as early as the November Board meeting, as there were no significant objections to the draft as presented. It had been reviewed by OPA counsel Bruce Bright.

The resolution was revised to conform with revisions to state law affecting homeowner association operations in the state. These new provisions require HOAs to allow homeowners who have been found to be in violation of community rules a right of appeal. The new M-01 establishes that right by giving homeowners who elect to do so the right to appeal an adverse CPI compliance decision to the Board of Directors. It also establishes a five-step enforcement process, which includes formal action by the Board to declare an OPA member in violation of the restrictive covenants or DRs (Declarationof Restrictions) as they are sometimes called. OPA Director Steve Jacobs suggested some changes in the draft before it is approved on second

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reading, suggesting a public appeal hearing as opposed to an executive sessions as the draft envisions Bright agreed that an appeal hearing could be held in public if the appellant wants it, and the counsel also said that meetings could go into executive session to protect sensitive information. Jacobs also said the draft doesn’t make clear that an appellant can bring a lawyer and witnesses to an appeal hearing., Bright said there is no prohibition in the draft for that. It’s not clear whether he will revise the draft to explicitly state that lawyers and witnesses are allowed. Bright said the new M-01 streamlines the enforcement process and establishes a timeline that might expedite it. Board action finding a member

GM report From Page 26 Sept. 30, no change from Aug. 31. • There were 119 work orders outstanding as of Sept. 30, up from 115 a month previous. There were 90 new work orders and 86 closed orders during the month. The majority of those drainage-related. • There were 101 emails for customer service sent to info@oceanpines.org during September, with 23 concerning the amenities, 18 CPI, 53 general questions and seven concerning Public Works.

OCEAN PINES in “continuing violation” was at one time a routine practice at Board meetings, but in recent years that has fallen by the wayside. There has never been a formal appeal process within the OPA for property owners who disagree with a CPI/ARC decision, but the new M-01 remedies that. Step 1: A complaint is received by CPI or an alleged violation is otherwise identified by CPI. Step 2: The complaint or alleged violation is reviewed by CPI, in consultation with the general manager, the ARC, and, if deemed necessary, with legal counsel. Step 3: If a violation is identified, a first notice of violation is sent to the property owner, who has 15 days to correct the issue or to make “substantial progress” in doing so, with a suspension of the case up to 60 days to allow the violation to be corrected. Step 4: If the violation is not cured within the 15-day action period or period of case suspension, then a second notice of violation will be sent, advising the property owner that continued failure to correct the issues “may result in the filing of a judicial action against the owner/ member (to obtain damages, attorney’s fees, and/or an injunction), the imposition of sanctions against the owner/member, or both.” Property owners will have ten days after receiving the second notice to request an appeal hearing, to be held before the Board of Directors in executive session. The Board will have ten days after submission of the appeal to conduct an appeal hearing, either at a special or regular meeting of the Board. Step 5: If a property owner doesn’t file an appeal or isn’t successful in u

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OCEAN PINES

November 2023 Ocean Pines PROGRESS

OPPD receives state grant money

he Ocean Pines Police Department continues to benefit from state grants. The Ocean Pines Association announced in August that OPPD received $20,000 from the Maryland Governor’s Office of Crime Control and Prevention for police retention, and $2,750 from the Maryland Governor’s Office of Crime Control and Prevention for the police department’s community engagement programs. Police Chief Tim Robinson also announced two

Compliance From Page 28 reversing the determination of a violation, the Board at its next meeting can decide how to proceed. If the violation hasn’t been cured, the Board will vote on whether a continuing violations persists and can authorize legal action and impose sanctions, including loss of access to OPA amenities and the right to vote in OPA elections. The continuing violation must be found by at least five of seven directors. If the violation involves a failure to maintain a property in a manner satisfactory to a Board super-majority, then the Board, consistent with language in the DRs, can enter onto the property and make exterior repairs or improvements, with the cost to be billed to the property owner with the annual lot assessment. If legal action is approved, legal counsel may also be directed to issue a final warning letter to the property owner, indicating legal action to be taken and remedies to be sought, including legal fees. During the Oct. 28 meeting the Board also considered on first reading some revisions to Board Resolution C-02 pertaining to the ARC and its duties. It removes language that authorizes the committee to assist the general manager and CPI Department in implementing “a program to enforce the [DRs] with courtesy, respect and professionalism.” Also eliminated is language that authorizes the committee to review “possible violations of the DRs as identified by CPI” and “referring the violation to the GM for action in accordance with Board policy.” The revised C-02 leaves intact the core mission of the committee, which is to review submissions for new homes or alterations to existing homes for consistency with the DRs and guidelines promulgated by the Architectural Review Committee.

additional grants, including $2,485.50 to defray the cost of bullet proof vests from the federal Patrick Leahy Bulletproof Vest Partnership through the U.S. Department of Justice. The other grant was $22,600 from the state Police Accountability, Community and Transparency Grant through the Governor’s Office of Crime Control and Prevention. Robinson said new bulletproof vests are always a crucial need, and the state funding will

allow the department the ability to commit to transparency in a manner expected in 2023. He said the additional funds will help defray the costs of mandated psychological testing for new hires, as well as mandated mental health screenings for existing officers. Additionally, the funds will go towards implementing new computer software that will assist with the internal management of the OPPD and help with the development of a new OPPD Website.

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30 Ocean Pines PROGRESS November 2023

OCEAN PINES

Board approves $356,618 road contract

he Board of Directors have approved a $356,618 road resurfacing contract for this year, including eight Ocean Pines roads, down from the 15 originally envisioned. Adjusting the number of roads to be resurfaced is common practice in Ocean Pines, as it’s difficult to predict the cost of materials used months in advance of the project commencing. The 2023-24 contract was awarded to Asphalt Maintenance of Salisbury, the only bidder. Two other contractors were approached but declined to submit bids. The approved contract is $6,618 over budget. To come close to the budgeted $350,000, the Public Works Department and General Manager John Viola agreed to eliminate some roads that had been originally scheduled for resurfacing this year. The roads that will be resurfaced, either by the end of this calendar year or by spring of next year, include Battersea Road, Canal Road, Deerfield Court, Driftwood Lane, Moonraker Road, St. Martin Lane (with a two-inch overlay), Waters Edge Court, and Wharf Court. Also at the the Oct. 28 monthly meeting of the Board of Directors, the directors: • approved the addition of a part-time position in the Ocean Pines Police Department as rec-

ommended by General Manager John Viola and Chief of Police Tim Robinson. The 24-hour-per-week civilian position among various duties would oversee operations in the equipment and evidence room, so that police officers do not have to engage in what is essentially an administrative chore. Viola said that the addition of the part-time position does not appreciably affect the number of full-time equivalent employees with the department because of staffing shortages. • approved three pieces of John Deere equipment for the golf course, including a 300-gallon spray rig at a cost of $39,561, under budget by $20,311; a triplex mower costing $55,207, over budget by $35,301; and six utility carts costing $84,024, over budget by $12,306. The successful bidder in all three instances was Finch Turf of Eldersburg, Md. • Appointed former OPA President Doug Parks to the chairmanship of the Budget and Finance Advisory Committee, as expected. He was appointed to the committee at the September Board meeting. He replaces Dick Keiling, who wanted to step down from the chairmanship. Keiling remains a committee member, his terms having been extended into next year.

• Appointed Tim Peck as chair of the Environmental and Natural Assets Advisory Committee and Patsy Workman to her first term as a member of the Racquet Sports Advisory Committee. • Hosted Dave Wilson of US. Wind who gave a presentation on an off-shore wind farm project off Ocean City. US Wind holds the lease rights to an 78,285acre federal lease area about 23.5 nautical miles off the coast of Ocean City, in addition to two others, one for 101,767 acres 26 miles off Delaware Bay and the other for 176,506 acres, about 35 miles from the mouth of the Chesapeake Bay, off the Eastern Shore of Virginia. US Wind is about half way through a two-year environmental analysis as part of a federal permit. A draft environmental impact statement is expected to be issued in the fall, after which the federal Bureau of Ocean Energy Management will scheduled public meetings to answer questions and get feedback. According to Wilson, cables bringing power generated by the wind farms won’t come ashore in Ocean City or Assateague Island. They’ll come ashore on 3Rs Beach in Delaware, will be buried under Indian River Bay, and will u

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November 2023 Ocean Pines PROGRESS 31

Dueling narratives emerge on investigations that led to Ehrisman’s forced retirement

Ehrisman, Cardamone differ on the handling of missing guns from the equipment room By TOM STAUSS Publisher podcast in early October with former Ocean Pines Police Chief Leo Ehrisman on the Ocean Pines Residents Oversight Community’s Web site and a rebuttal by Lt. Brian Cardamone, chief of staff of the Worcester County’s sheriffs’ Office, published in a local weekly on Oct. 19, offer divergent narratives on investigations that contributed to what Ehrisman says was his forced retirement from the Ocean Pines Police Department in June. The differences on details are significant and numerous. Chief among them was the assertion by Cardamone that the investigation into the break-in at an OPPD storage shed in December, and a second investigation into missing guns uncovered during a subsequent audit of the OPPD’s in-house equipment room, remain open.

Roads contract From Page 31 connect to new substations next to the existing Indian River Substation. Power generated from the wind farms will supply power to the Delmarva Peninsula. He said it’s critical that the connection to the grid occurs in Delaware, because the grid in Maryland is too weak. One benefit of the project is that turbine foundations create artificial reef habitat for hundreds of marine species, according to Wilson, who also outlined protections for whales during construction and other environmental protections. Among them are layered methods to minimize underwater sound during pile driving, a shutdown procedure if marina mammals or sea turtles approach, vessel strike avoidance measure, seasonal restrictions, and a partnership with the University of Maryland, Eastern Shore, to contribute to science.

The implication was that Ehrisman remains in some legal jeopardy for alleged misconduct from the second investigation, although the article in the weekly Bayside Gazette did not make that explicit. During the ROC podcast, Ehrisman said the investigations are closed and that he received a letter from his attorney, provided to him by the State Fraternal Order of Police, that he had been cleared of wrong-doing and that the state prosecutor’s office was not going to charge him. In a Oct. 27 interview with the Progress, Cardamone reiterated that both investigations remain open. Saying that he had not seen the contents of the letter from Ehrisman’s attorney, he said he couldn’t speak to the accuracy of its contents. But he acknowledged that the state prosecutor has not filed any criminal defendants against Ehrisman or anyone else employed by or once

employed by the OPPD. “There’s a difference between criminal misconduct and professional, administrative misconduct,” he said. “The state prosecutor only looks at criminal.” In response to an earlier ROC podcast with former OPPD officer Chris Tarr, detailed in a front page article in the October Progress, Cardamone and his immediate superior, Deputy Sheriff Nate Passwaters, indicated that the investigation had taken a new turn, with Tarr the new target. Earlier this year, after a suspension, he was reinstated with no charges against him. Another divergent detail concerns the contents of the storage shed and whether any of it was evidence in a criminal case. Ehrisman at one point in the podcast dismissed the contents as “junk,” but also said that “nothing in the shed was evidence. It was not a criminal evidence property room.”

Cardamone said that wasn’t true. “The overwhelming majority of items in the shed were evidentiary property,” he said in his interview with the Gazette, including firearms associated with criminal investigations, 28 handguns and 29 long guns, along with old computers and what Cardamone said was “old evidence in a rape case.” On the instructions of Ehrisman on the night the break-in was discovered, these items were transferred from the storage shed to a holding cell. Ehrisman was out on sick leave at the time, recovering from surgery. In probably the most significant occurrence in the entire incident, Ehrisman by all accounts did not order any of his subordinates to begin an investigation into the break-in that night. Ehrisman was not asked, nor did he volunteer his reasoning, during his ROC podcast, but one comment suggested that perhaps he believed or assumed it would be ordered in his absence. Amy Peck, a defender and supporter of Ehrisman who hosted his podcast, told the Progress that the former chief contends that none of the shed’s contents are relevant in any active investigation, much of it dating back decades, with no likelihood that it will ever be used in a prosecution. The guns were not linked to any active case, according u

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32 Ocean Pines PROGRESS November 2023 Dueling narratives From Page 31 to Peck. In his Oct. 27 interview with the Progress, Cardamone acknowledged that none of the guns or other material from the storage shed were from active cases, but they did have case numbers associated with them. The age of the storage shed was another detail in which Ehrisman and Cardamone were at odds. Cardamone in his Gazette interview quoted Ehrisman in the ROC podcast as saying that the shed had only existed for a couple of years. In fact, as Cardamone pointed out, it dates back to the 1980s, when the original OPPD tucked inside the original Community Hall was relocated to a wing of what was then a new administration building, where it remains today. It was renovated and expanded a couple of years ago. But nowhere in the podcast does Ehrisman say the storage shed was only a couple of years old. After Peck the interviewer called it a “very old shed,” Ehrisman said the shed “was put there before the new police station was built,” and that suggests he dates its placement in the 1980s when the old police station was razed and replaced with larger quarters. It seems likely that Cardamone interpreted Ehrisman’s comments in the podcast as referring to the renovation and expansion of the police station that occurred several years ago. Ehrisman, as a 37-year veteran of the OPPD, would have been around in the 1980s when the new police station was built. Ehrisman, who said he had never been in the shed and had not known its contents before the break-in, clearly did not regard it as particularly noteworthy during his tenure with the OPPD. He said in the podcast that he never had a key to it, that the only one in the department who did was Lt. Greg Schoepf. That did not sit well with Cardamone, who in the Gazette interview said knowing what was in the shed was Ehrisman’s “responsibility” as chief, adding that as part of the investigation it was determined that the responding officers told him of the shed contents that had been moved out the shed and into a holding cell. Ehrisman in the podcast did not state that he was unaware of the contents after the break-in and or-

OCEAN PINES

dered them to be relocated. The two also clashed over details of the missing guns, which was extensively detailed in the October Progress. As Tarr said in that interview, and more or less corroborated subsequently by Ehrisman and Cardamone, an Ocean Pines resident asked Ehrisman to hold four of her guns for safekeeping. The firearms were checked in the OPPD’s property room, which is distinct from the evidence room. There the narratives diverge. Ehrisman said the owner of the guns, a long-time friend of his, turned the guns over for safe-keeping but with permission that the guns could be removed for use by OPPD officers at a local shooting range. Ehrisman said he not only encouraged their use but authorized two officers, Tarr and Kyle Dalton, to take the guns home with them overnight, as a matter of convenience. During their Progress interview, Passwaters and Cardamone said that the gun owner hadn’t given permission for use of the guns at the shooting range. Cardamone did not make a similar statement in his Gazette interview. But he did so in his Oct. 27 interview with the Progress, emphatically. In the earlier interview, Cardamone said an audit of the property room determined that three of the guns were missing. One was later found under some uniforms in the

property room. That differs slightly from Tarr’s version of events. He said two were discovered missing. In his podcast, Tarr said that he turned over one of the guns to investigators when approached, and that he informed them that Dalton had the other one at his home in Delaware. That gun, too, was retrieved. In his various interviews, Cardamone said the handling of the guns violated OPPD policy and standard practice. According to Cardamone, weapons are supposed to remain in storage and in these instances, they were checked out by Tarr and Dalton with no record of them doing so. In his podcast, Ehrisman was not asked nor did he volunteer why there had been no record of the guns being checked out. Regarding use of the ammo, Ehrisman said that, too, had been authorized by the owner. Not so, said Cardamone. The shooting of the guns at the local range triggered the investigation into Tarr and Dalton by the state prosecutor, he said. Cardamone said that led to Tarr’s suspension and would have resulted in Dalton’s had he still been with the OPPD. Ehrisman’s take on these events differs considerably from Cardamone’s. In the podcast, Ehrisman said when he was first learned of the investigation into the break-in of the storage shed -- that came in a letter from the state prosecutor -- he

wondered why such an investigation had been elevated to that level. “Why wasn’t one of my investigators doing it,” he said, suggesting that it easily could have been handed off to the sheriff. Around that time, the first week of January, his status was shifted from sick leave to paid administrative leave, as announced in an OPA press release that noted the break-in. On Jan. 3, Ehrisman said, Ocean Pines police officers showed up at his home and collected his badge, gun, and phone and told him he was under investigation for multiple criminal investigations, including the storage shed break-in. Apparently by then the fact of missing guns had been discovered by the property room audit. His reaction was incredulity. He didn’t understand why he would have been investigated for the storage shed break-in. “I thought it (the shed) was [filled with] junk, infested with snakes,” which, given his loathing of snakes, would have been enough to keep him out of that shed, he said. Neither Ehrisman, nor any other OPPD officer, has been suspected of the break-in, which has been attributed to neighborhood kids. No arrests have been reported, but Cardamone said the sheriff’s office “knows” who did it and that charges may be filed. Ehrisman in the podcast said he was told not to talk to anyone from the OPPD “until I heard from Genu

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Ehrisman suggests sheriff’s deparment mishandled gun that triggered investigation Former chief cites missing rifle scope as needing accountability; Cardamone denies sheriff’s office ever had it

By TOM STAUSS Publisher here’s a bit of irony in the dueling narratives of former Ocean Pines Chief of Police Leo Ehrisman and Lt. Brian Cardamone, chief of staff in the Worcester County Sherriff’s office, concerning the missing guns that were part of an investigation that eventually led to Ehrisman’s forced retired in June. The investigation into missing guns evolved from an initial probe into a storage shed break-in this past December, reportedly by some kids. Cordamone, in a recent published interview in a local weekly, the Gazette, made it abundantly clear that he believes Ehrisman, in allowing two rifles to be removed from the OPPD equipment storage room and used for target practice at a local gun range by two Ocean Pines police officers, violated OPPD policy and standard police department practice. Ehrisman, in an early October podcast on the Ocean Pines Residents Oversight Community Website, basically said that the guns were not standard issue, were kept in an equipment and not an evidence room, and that he had been informed in a letter from his attorney that the state prosecutor, which conducted a probe of the matter, had decided not to pursue criminal charges. In that podcast, Ehrisman also seemed to suggest that one of the missing guns, before it was returned to the owner, had been mishandled at the sherrif’s office, with the owner telling him that a scope on one of the rifles was missing when she retrieved her gun from the sherriff’s office in Snow Hill. “From what I’ve heard the gun had a scope on it when it was retrieved from Officer Dalton (one of the officers who used it for target practice with Ehrisman’s permission),” he said. He said the gun when it left the OPPD for storage in Snow Hill also had the scope on it. Ehrisman called the missing scope a “minor issue, but with all the digging they did to find something wrong [in the OPPD]” there should be some similar investigation or accountability into the missing scope. “That’s as serious if not more serious than a kid kicking a hole in a storage shed,” he said. In response to what Cardamone said was an an implication by Ehrisman that someone in the sheriff’s office had either stolen or lost the scope, Cardamone denied it, emphatically. He said that when the sheriff’s office retrieved the rifle from the OPPD when criminal charges against Ehrisman, Chris Tarr and Officer Dalton were being investigated, there was no scope on the rifle.

Former Chief of Police Leo Ehrisman

Dueling narratives From Page 32 eral Manager John Viola. I never heard from him ... it was like I was banned.” He said his attorney received a letter from an OPA attorney in June indicating that the OPA wanted to replace Ehrisman as chief. The letter gave him the option of resigning, with the clear implication that if he didn’t, he would be terminated. Maryland is a “no cause” state, which means that salaried employees can be terminated without cause or explanation. Ehrisman said after pondering his options that he told his attorney to ask if he could retire instead of resigning. The OPA quickly agreed. Ehrisman said he didn’t want to resign or retire and didn’t want to be fired. But the outcome was essentially a forced retirement, roughly three years sooner than what he would have preferred. Ehrisman’s defense for the way the missing guns were handled is that they were not service weapons, that the owner authorized their removal from the equipment room, and that he authorized their use by the officers. For Cardamone, that simply isn’t good enough. Not even close, and he continues to dispute Ehrisman’s contention that the owner authorized their removal and use at the shooting range. He also praised John Viola for handling a difficult personnel situation in the way he did. Ehrisman, of course, disagrees.

November 2023 Ocean Pines PROGRESS 33 The rifle was returned to the OPPD once it became clear that no criminal charges would be filed by the state prosecutor for the way the guns were handled, Cardamone said. It’s just one of a number of competing narratives that essentially can’t be reconciled. Another example of an irreconcilable difference is a disagreement on where the gun owner retrieved the gun. Ehrisman said it was recovered in Snow Hill, at the sheriff’s office, after the owner was advised that it was not in Snow Hill, but Cardamone said the owner was advised that it was held by the OPPD. That’s where it was retrieved, he said, directly contradicting Ehrisman’s version. Ehrisman concludes the podcast with comments about how disappointed he was in Ocean Pines for in effect forcing him out as police chief after 37 years with the OPPD. He lamented the months of not being able to converse with former colleagues and that during a period of paid administrative leave from early January to June, many police officers left Ocean Pines because of “lost brotherhood” and not knowing what was happening with the investigations. On a more positive note, he praised new Police of Chief Tim Robinson who he said would turn the department around given enough time to repopulate the diminished ranks. Also during the podcast, Ehrisman seemed to suggest that his forced retirement from the OPPD was somehow influenced by the Board of Directors. He offered no proof. A similar charge was made by former OPPD officer Chris Tarr as reported in the October Progress. OPA President Rick Farr pushed back on Tarr, saying that Tarr had “lied” about the Board’s involvement in the decision leading up to Ehrirsman’s decision to retire. Farr said that the Board does not involve itself in personnel matters, that any decisions pertaining to Ehrisman were made by General Manager John Viola. Cardamone, in his published interview in the Gazette, said he thought that Viola had handled a difficult situation as well as it could be. In the podcast Ehrisman was relatively lowkey in references to Viola, saying little more that the GM had not reached out to him personally once a decision had made to find a new chief of police. “That hurt,” Ehrisman said, and he remains bitter at what he regards as his forced retirement from the OPPD after 37 years of service. He said he didn’t even receive a retirement badge that is customary when long-term employees retire. In his podcast, he did not directly accuse the Board of Directors of meddling in personnel matters, a claim that Tarr more or less made explicit. But he said there is a pattern of outspoken individuals losing their positions if they offend the wrong people, but he didn’t name names. Ehrisman said he is so disappointed in Ocean Pines, and had to move out of the community because of the way he was treated. But he added that Ocean Pines is fortunate to have Tim Robinson as its new chief of police.

34 Ocean Pines PROGRESS November 2023

Population growth to shuffle county commissioner districts District 5 likely will shed population to adjoining District 6

By ROTA L. KNOTT Contributing Writer opulation growth in Ocean Pines is pushing some North side residents into a different Worcester County election district. With Ocean Pines seeing the highest number of new residents according to the 2020 U.S. Census, District 5 needs to “lose” voters to District 6, the Northern District that already includes portions of the community but stretches to the Delaware state line. The Worcester County Commissioners on Oct. 17 held a public hearing on five draft proposals for revising the election district boundaries. Jennifer Keener, county director of development review and permitting, said all five proposals call for shifting the boundaries between Districts 5 and 6 to move some Northside residents into District 6. In the Ocean Pines District 5, the population grew by 8.8 percent to 8,179 people, and northern District 6 grew by 7.6 percent to 8,083 people. Based on county-wide Census data, the ideal population per district would be 7,515 people. District 5, the most densely populated in the county, is adjoined by District 6, which also already includes some of Ocean Pines and is the second most densely populated. As the district with the highest population post-2020 census, all drafts propose the transfer of census

blocks from District 5 to District 6. The first three options, Plans A, B, C, all remove the area around Seafarer Lane to Rabbit Run from District 5 and shift it to District 6. That would provide for an equal population of 7,612 in each district. Two other draft plans, D and E, remove even more voters along Windjammer Road, Essex Court and parts of Newport Drive and Frigate Run from District 5 and move them into District 6. Those plans also call for adding properties in Census blocks outside of Ocean Pines and along Gum Point Road to District 5. Plan D would leave District 5 with a population of 7,614 and District 6 with a population of 7,630. Plan E has District 5 with a population of 7,614 and District 6 with 7,606 residents. For District 6, most draft plans use Route 113 as the district boundary from the Delaware line to the Route 90 interchange to the extent possible. All drafts propose to incorporate those census blocks at the North Gate of Ocean Pines that will be removed from District 5. All drafts also propose to transfer census blocks on the northerly side of Route 50 between Herring Creek, Turville Creek and Route 589 to District 3, the Sinepuxent District that includes West Ocean City. The main differences that are proposed in the five draft plans for District 6 include the extent to

1,595

which Route 113 or a nearby railroad track is used as a district boundary, and the extent of census block changes between Districts 3, 4 and 6 in the area between Routes 589, 50, 113 and 90; and to retain or transfer census blocks along Gum Point Road. Worcester County experienced population growth and a shift in population across the existing election districts. The only other district to grow in population was Sinepuxent District 3, up 6.6 percent to 8,009 people. Districts 1, 2, 4, and 7 each lost population. District 1 in Pocomoke dropped by 3.9 percent to 7,224; District 2 in Berlin/Central by 4.2 percent to 7,197, Western District 4 down 7.1 percent to 6,981; and the Ocean City District 7 saw the largest shift of 7.7 percent to 6,934 people. The population disparity between the county’s election districts is at 16.6 percent, higher than the recommended 10 percent disparity, Keener said. The only person to offer comments during the Oct. 17 public hearing on the maps was Patti Jackson, Worcester County election director, who expressed concerns about the timing of the redistricting. She questioned why the redistricting wasn’t done in 2021. Keener said the Census data was not made available to the county until last year, and then it had to

WORCESTER COUNTY acquire the software necessary to draw the draft maps. Jackson pointed out that a February deadline looms for candidates who want to run in the upcoming election, including for open Board of Education seats. She said the maps need to be finalized before then to ensure candidates are able to file in the appropriate districts. Keener was noncommittal as to when the new maps would be completed. She simply said it depends on the public comments offered on the proposed plans, how soon after the close of the public comment period the commissioners take action, and then the timing for finalizing of the new maps. Keener will provide an update on the public comment process to the commissioners in November. Parameters for redistricting are as established from case law regarding voting rights that specify that districts should be of nearly equal population, with minimal deviation between the highest and lowest total population by district to ensure equal representation. A majority minority district must be maintained, and contiguity must be maintained with districts being compact where possible. As the analysis associated with this process is a complex task, the planning department used specialized software to develop map options. Population data is based on the census block level, which are statistical areas bounded by roads, waterbodies, municipal boundaries, or other features of various sizes, both physically and statistically. A district boundary cannot divide a census block, and consideration should be given to natural, geographic, and community boundaries.

November 2023 Ocean Pines PROGRESS 35

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OPA FINANCES

36 Ocean Pines PROGRESS November 2023

OPA records fund variance of $44,272 in September Positive variance for the year approaches $500,000

By TOM STAUSS Publisher he Ocean Pines Association recorded a $44,273 operating fund variance in September, off from the $136,817 variance in August, but still very respectable in the first month following the busy summer season. According to the September financials posted by Controller/Director of Finance Steve Phillips the third week of October, the operating fund variance resulted from revenues over budget by $32,162 and total expenses under budget by $12,111. The operating fund variance for the year continued to climb because of the solid performance. The positive fund variance through the end of September was $483,001, reflecting revenues over budget by $575,224 and total expenses over budget by $92,223. Amenity department financial performance was mixed during September. The Yacht Club, golf operations and maintenance, the Clubhouse Grille and beach parking were all in

the black for the month. Aquatics, all three racquet sports, marinas and the Beach Club recorded losses for the month. However, Aquatics, the Yacht Club, beach parking and the Clubhouse Grille all outperformed their budgets. Missing budget targets were marinas, the Beach Club, golf operations, and all three racquet sports. Actual results and results compared to budget are the two primary ways to measure financial performance. A third way is to compare cumulative results with the same month of the prior year. With the summer of 2023 in the rear view mirror, cumulative totals for each of the amenities through Sept. 30 is a good measure of relative success of OPA amenities. All of them are in the black so far this year, with the sole exception of tennis, with a operating deficit of $8,426. Golf continues to be the OPA’s top amenity performer through September with a $605,731 surplus. That’s $96,352 ahead of budget and well

ahead of the $519,755 net recorded through September of 2022. Beach parking is the OPA’s second most lucrative cash producer, with actual net of $463,225 through September. That’s $49,049 ahead of budget and slightly better than the $454,477 net through September of last year. The Yacht Club has the next highest net, with a $3437,328 operating surplus through September. That’s under budget by $7,109 and is less than the September 2022 cumulative surplus of $463,704. After a relative slow start early in the fiscal year, the Yacht Club was still relatively close to budget and last year’s performance. Aquatics continued to be solidly in the black through September, with $241,825 in net operations. That’s $32,702 better than budget but off the torrid pace of last year. The September 2022 cumulative net was $304,396. The Beach Club food and beverage operation, which closed for the season after Labor Day weekend, recorded a $243,993 operating net

18 72ÿ< 2 ÿ7 18 73 12 2 3ÿ1< 73 2 ÿ5ÿ6 <7 30 23ÿ ÿ@?@I OPA Net Operating Results <3 by0 Department - September 2023 01234 01234 536 536 536 78397 96 3 ÿ 7 728 78397 96 3 ÿ 7 728 7 3ÿ5 7 ÿÿÿÿÿÿÿÿÿÿÿÿ !"#$ÿÿÿÿÿÿÿÿÿÿÿÿÿ#%% ÿÿÿÿÿÿÿÿÿÿÿÿ !" &%$ÿÿÿÿÿÿ'#((%"!ÿÿÿÿÿÿÿ'))!'&&ÿÿÿÿÿÿÿÿÿÿÿÿÿ"#)''ÿÿÿÿÿÿÿÿÿÿ'##"%!%ÿ ÿ *+ÿ,-- . ÿÿÿÿÿÿÿÿÿÿ "/("#$ÿÿÿÿÿÿÿÿÿÿ "/(!#$ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ !($ÿÿÿÿÿÿÿÿ !'(("&$ÿÿÿÿÿÿÿÿ !')%"#$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ)%(%ÿÿÿÿÿÿÿÿÿÿÿÿ !"!&#)$ - . ÿÿÿÿÿÿÿÿÿÿ &&!/"$ÿÿÿÿÿÿÿÿÿÿ )!!''$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ /&%ÿÿÿÿÿÿÿÿÿ % %''#$ÿÿÿÿÿÿÿÿ %&//)#$ ÿÿÿÿÿÿÿÿÿÿÿÿ"& "(ÿÿÿÿÿÿÿÿÿÿÿÿ %% #"/$ 012 .ÿ 3 , + ÿÿÿÿÿÿÿÿÿÿ !)&#'$ÿÿÿÿÿÿÿÿÿÿ "(%) $ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ"&#/ÿÿÿÿÿÿÿÿÿ !!&")&$ÿÿÿÿÿÿÿÿ !" (/'$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ)#"(ÿÿÿÿÿÿÿÿÿÿÿÿ !!% ''$ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ., 0 . ÿ4ÿ0 3+ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ! !$ÿÿÿÿÿÿÿÿÿÿÿÿ !)'!$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ!&(/ÿÿÿÿÿÿÿÿÿÿÿ "")#'$ÿÿÿÿÿÿÿÿÿÿÿÿ ""'!$ÿÿÿÿÿÿÿÿÿÿÿ "('% $ÿÿÿÿÿÿÿÿÿÿÿÿÿ "# %%$ ÿ 3 ÿÿÿÿÿÿÿÿÿÿ )(!"%$ÿÿÿÿÿÿÿÿÿÿ '& /$ÿÿÿÿÿÿÿÿÿÿÿ !%&) $ÿÿÿÿÿÿÿÿ %"/#&/$ÿÿÿÿÿÿÿÿ "/#'! $ÿÿÿÿÿÿÿÿÿÿÿ %!%''$ÿÿÿÿÿÿÿÿÿÿÿ "&)%/&$ 012 .ÿ5, 6+ ÿÿÿÿÿÿÿÿÿÿ /"(')$ÿÿÿÿÿÿÿÿ ! ))'"$ ÿÿÿÿÿÿÿÿÿÿÿÿ''&/'ÿÿÿÿÿÿÿÿÿ '& ' !$ÿÿÿÿÿÿÿÿ )(%(/%$ ÿÿÿÿÿÿÿÿÿÿ!%#''"ÿÿÿÿÿÿÿÿÿÿÿÿ &!(##%$ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ - ÿ4ÿ + ÿÿÿÿÿÿÿÿÿÿ # ()&$ÿÿÿÿÿÿÿÿÿÿ # ()&$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ7ÿÿÿÿÿÿÿÿÿ "(%#"$ÿÿÿÿÿÿÿÿ "(%#"$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ7ÿÿÿÿÿÿÿÿÿÿÿÿ %% %$ 0, . ÿÿÿÿÿÿÿÿ !'(( &$ÿÿÿÿÿÿÿÿ !&! /#$ ÿÿÿÿÿÿÿÿÿÿÿÿ!! '"ÿÿÿÿÿÿÿÿÿ !#/##'$ÿÿÿÿÿÿÿÿ "/!&&%$ ÿÿÿÿÿÿÿÿÿÿ!(!))#ÿÿÿÿÿÿÿÿÿÿÿÿ %(&!% $ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ . 3 , ÿ4ÿ0 6+ ÿÿÿÿÿÿÿÿÿÿ &%!/$ÿÿÿÿÿÿÿÿÿÿ #" "$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ!/"%ÿÿÿÿÿÿÿÿÿ !& /%$ÿÿÿÿÿÿÿÿ !)%"&%$ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ#))!ÿÿÿÿÿÿÿÿÿÿÿÿ !&"&#"$ 3 + ÿÿÿÿÿÿÿÿÿÿÿÿ #"(/$ÿÿÿÿÿÿÿÿÿÿÿÿ "&)"$ÿÿÿÿÿÿÿÿÿÿÿÿÿ ''%)$ÿÿÿÿÿÿÿÿÿÿÿÿ # "&$ÿÿÿÿÿÿÿÿÿÿÿÿÿ/ #%ÿÿÿÿÿÿÿÿÿÿÿÿ !)/(/$ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ)!!#ÿ 0 .6 2 ÿÿÿÿÿÿÿÿÿÿÿÿ % !($ÿÿÿÿÿÿÿÿÿÿÿÿÿ"%!%ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ')"%$ÿÿÿÿÿÿÿÿÿÿÿ&/'(/ÿÿÿÿÿÿÿÿÿÿÿÿ'%#!'ÿÿÿÿÿÿÿÿÿÿÿÿÿ!'&/%ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ'/"/ ÿ 0 3-, ÿ3 + ÿÿÿÿÿÿÿÿÿÿÿÿ %##%$ÿÿÿÿÿÿÿÿÿÿÿÿ !/!&$ÿÿÿÿÿÿÿÿÿÿÿÿÿ !/&)$ÿÿÿÿÿÿÿÿÿÿÿÿÿ!%&#ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ'!&!ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ %)/%$ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ&%!/ÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ 81 3 .+ ÿÿÿÿÿÿÿÿÿÿ %%% #$ÿÿÿÿÿÿÿÿÿÿ '"'!%$ ÿÿÿÿÿÿÿÿÿÿÿÿ!/!&'ÿÿÿÿÿÿÿÿÿÿ" !#"'ÿÿÿÿÿÿÿÿÿÿ"(/!"%ÿÿÿÿÿÿÿÿÿÿÿÿÿ%")("ÿÿÿÿÿÿÿÿÿÿÿÿÿ%( %/&ÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ , -ÿ,0+ÿ9ÿ 3 ÿÿÿÿÿÿÿÿÿÿÿ )% 'ÿÿÿÿÿÿÿÿÿÿÿÿ&(#"%ÿÿÿÿÿÿÿÿÿÿÿÿ !% )#$ÿÿÿÿÿÿÿÿÿ&(')%!ÿÿÿÿÿÿÿÿÿÿ'(/%#(ÿÿÿÿÿÿÿÿÿÿÿÿÿ/&%'"ÿÿÿÿÿÿÿÿÿÿÿÿÿ'!/)''ÿ . 12:,1+ ÿ ÿÿÿÿÿÿÿÿÿÿÿ!'/%"ÿÿÿÿÿÿÿÿÿÿÿÿ!!& &ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ "#&ÿÿÿÿÿÿÿÿÿÿ!(#/"%ÿÿÿÿÿÿÿÿÿÿÿÿ)!)' ÿÿÿÿÿÿÿÿÿÿÿÿÿ%)!&/ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ'/!/ ÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ 2 .:ÿ. 12 ÿÿÿÿÿÿÿÿÿÿÿÿ %(#)$ÿÿÿÿÿÿÿÿÿÿÿ!('%#ÿÿÿÿÿÿÿÿÿÿÿÿ !%&"'$ÿÿÿÿÿÿÿÿÿ" %//%ÿÿÿÿÿÿÿÿÿÿ!#"#)&ÿÿÿÿÿÿÿÿÿÿÿÿÿ&!!!)ÿÿÿÿÿÿÿÿÿÿÿÿÿ" (!('ÿ 2 .:ÿ0 6 ÿÿÿÿÿÿÿÿÿÿÿÿÿ#)/%ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ!/'%ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ&# (ÿÿÿÿÿÿÿÿÿÿ &%""'ÿÿÿÿÿÿÿÿÿÿ ! !)&ÿÿÿÿÿÿÿÿÿÿÿÿÿ /( /ÿÿÿÿÿÿÿÿÿÿÿÿÿ ' ))ÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ; .:3ÿ. 12 ÿÿÿÿÿÿÿÿÿÿÿ !)&&ÿÿÿÿÿÿÿÿÿÿÿÿ"'))"ÿÿÿÿÿÿÿÿÿÿÿÿÿ!'// ÿÿÿÿÿÿÿÿÿÿ %)%"#ÿÿÿÿÿÿÿÿÿÿ %)ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ )!(/$ÿÿÿÿÿÿÿÿÿÿÿÿ &%)( ÿ + ÿÿÿÿÿÿÿÿÿÿÿÿ /#($ÿÿÿÿÿÿÿÿÿÿÿÿÿ###)ÿÿÿÿÿÿÿÿÿÿÿÿ !%#&)$ÿÿÿÿÿÿÿÿÿ"%('&/ÿÿÿÿÿÿÿÿÿÿ")#% #ÿÿÿÿÿÿÿÿÿÿÿÿ )))/$ÿÿÿÿÿÿÿÿÿÿÿÿ"&///!ÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿ ÿÿÿÿÿÿ2 3ÿ1< 73 2 ÿÿÿÿÿÿÿÿ=>?@ABCDEÿÿÿÿÿÿÿÿ=>FCAGFHE ÿÿÿÿÿÿÿÿÿÿÿÿFFA@CIÿÿÿÿÿÿÿ>ABH@A>>@ÿÿÿÿÿÿÿ>AF?HA>>GÿÿÿÿÿÿÿÿÿÿÿFBIA??Gÿÿÿÿÿÿÿÿÿÿ>ABCCAB@Iÿ

Source: Ocean Pines Association Finance Department

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through September, ahead of budget by $61,117. Through September of 2022, the Beach Club had recorded a $240,105 operating net. The perennial OPA success story, marinas, were in the black by $230,569 through September. Affected by poor weather in the early months of the fiscal year, marinas were behind budget by $47,779 and off the September, 2022, net of $269,991. The Clubhouse Grille, like golf, continues its stellar performance. Through September, this food and beverage venue recorded a $108,923 operating surplus, and that was $37,169 ahead of budget. That compares favorably to the operating net through September of last year of $59,194. All three racquet sports in combination are doing well financially for the year, led by pickleball, which recorded a $69,509 operating surplus through September. That was $15,963 over budget. By way of comparison, pickleball’s net through September of last year was $59,294. Platform tennis through September earned $1,368, under budget by $3,793. That’s off last year’s pace through September, when the net u was $6,319.

OPA cash position at $18 million

he Ocean Pines Association’s cash and investment position dropped about $600,000 from August to September, with $18 million on hand as of Sept. 30. The August figure had been $18.6 million. According to a report by OPA Treasurer Monica Rakowski at the Oct. 28 Board of Directors meeting, cash increased $600,000 from the same time period last year, while cash decreased $600,000 from August 2023. Of the $18 million on hand, $11.2 million was invested in CDARs, and $53,000 in interest income was recognized during the month, courtesy of a high interest rate environment. The remaining $6.8 million was invested in an insured cash sweep, treasury bills, money market and other operating accounts, diversified between two local banks.

November 2023 Ocean Pines PROGRESS 37

OPA FINANCES The $8,426 tennis deficit for the year through September was $17,909 under budget and off last year’s pace of a $7,118 net. Reserve summary -- The Sept. 30 reserve summary shows a total balance of $9.13 million, a modest decline from the August balance of $9.164 million, the July 31 total of $9.298 million, $9.9 million in June and $9.66 million in May. The replacement reserve balance on Sept. 30 was $6.26 million, with bulkheads and waterways at $1.29 million, roads at $1.08 million, drainage at $380,566 and new capital at $118,681. Balance sheet -- The Sept. 30 balance sheet shows total assets of $43.73 million, down from $44.544 million in August but ahead of the $42.3 million in total assets on Sept. ÿÿ 30 of last year.

Viola touts golf course, Clubhouse Grille performance Promotes priorities for the coming year: Southside firehouse, golf course irrigation and Racquet Sports bathrooms and pro shop improvements

eneral Manager John Viola at the Oct. 24 meeting of the Budget and Finance Advisory Committee touted financial performance of the Ocean Pines Association so far in the fiscal year and also reviewed several items related to the 2024-25 budget process now in its earliest phases. Viola said his top priorities for the new budget are the Southside fire station, golf course irrigation, and improving restrooms and the

pro shop at the Racquet Center. The latter has not been as widely publicized at the first two, perhaps because they involve more money. The newly promoted Director of Racquet Sports, Tim Johnson, recently told the Progress that the plan is to enlarge the pro shop building so it moves out to the edge of the roof overhang. It wouldn’t change the building’s basic footprint, but it would create more square footage under roof.

7 7 G7ÿ3 8 7 9ÿ7 979ÿ H H 3 839 79 - Sept. 30 2023 OPA Reserve Summary

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Source: Ocean Pines Association Finance Department

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The divider between the lounge area and reception area would be removed to create a more open space, and Johnson would be given an office rather than a partitioned cubbyhole that provides little privacy. Bathrooms would be enlarged and modernized. For the current fiscal year, Viola at the committee meeting touted improved numbers for both golf operations and at the Clubhouse Grille. He attributed some of that success to the second year of NFL Sunday Ticket at the Grille. “Sunday Ticket is doing excellent,” Viola said. “The way we talk about weather for the Marina or the Yacht Club, it also depends on the TV line-up. If the Eagles are on at a certain time, or the Ravens, then the come in to watch it. It is doing very well. That’s been growing and it’s been driving that place “Plus it’s a function of the golf course doing better,” he said. “Golf is what drives that place, so that’s a big part of it.” Daily breakfasts have also been doing well at the Clubhouse, he added. Committee members noted that Yacht Club sales are down yearover-year, while member Brian Reynolds suggested that might not be a fair comparison. “Last year was kind of a banner summer,” he said of 2022. “Post-covid, everyone came out of the woodwork.” Committee member Doug Parks added that 2022 had better weather than this past summer. Viola agreed, commenting that Marina Manager Ron Fisher told him that there were 95 craft advisories during the season, affecting about half of the weekends this past summer. “They still did well,” Viola said of marina operations. Committee members asked about the updated banquet data for the Yacht Club, referencing recent comments by OPA President Rick Farr that the Matt Ortt Companies have booked more than a million dollars worth of wedding banquet business over the coming years. Viola said he would work on getting booking information to the committee.

38 Ocean Pines PROGRESS November 2023

LIFESTYLES

Pink Lady Tournament raises $5,674 for AGH Foundation

he 12th annual Pink Lady Tournament recently raised $5,674 for the Imaging Department and the Eunice Q. Sorin Women’s Diagnostic Center at Atlantic General Hospital. The tournament, held at the Ocean Pines Golf Club on Oct. 18, once again supported the AGH Foundation. Tournament proceeds will help pay for and provide mammograms and related care for local women who are unable to afford such services. Over the past dozen years, the tournament helped to raise more than $18,000. “The Pink Lady Tournament stands as a beacon of support for the AGH Foundation, dedicated to making mammograms and related healthcare accessible to women in the local community who face financial barriers,” Chanelle Lake, director of the John H. “Jack” Burbage, Jr. Regional Cancer Care Center, said. This year, for the first time, the tournament was open to the public and

featured a field of 67 players. Each foursome was given a pink ball, and one player from each group had to play that ball from tee to hole. The other three players played a scramble. If the player lost the pink ball, that team was out of the pink ball tournament but could continue as a four-person scramble. Prizes were awarded for first, second and third-place scramble winners, and low pink ball winners. Tournament organizers thanked the Ocean Pines Golf Club and Clubhouse Grille staff, along with Glen Riddle, River Run and Matt Ortt Companies for donating door prizes. “We would also like to thank AGH for its continued support in our endeavor, and we hope to increase participation even more next year, all in the spirit of supporting women’s health in the community,” Janet Stoer, tournament co-chairperson, said.

The Ocean Pines golf course and Clubhouse were busy throughout the day on Oct. 18 for the annual Pink Lady Tournament.

November 2023 Ocean Pines PROGRESS 39

LIFESTYLES

Veterans Day ceremony Nov. 11 in Ocean Pines

he Worcester County Veterans Memorial Foundation will host a traditional ceremony to commemorate Veterans Day on Saturday, Nov. 11, starting at 11 a.m. at the memorial grounds in Ocean

Pines. Memorial Foundation President Marie Gilmore said the ceremony will include patriotic music from the Delmarva Chorus, a color guard presentation of local American Legion representatives, and an address by guest speaker Col. David Cahn. “Col. Cahn, USMC (retired) had a highly distinguished career span-

ning 35 years,” Gilmore said. “He served in the Middle East, Granada, Panama, South Korea, and on major Marine Corps bases. He was actively involved in wars and conflicts during Iraqi Freedom, Enduring Freedom, the Gulf War, Beirut, and Grenada. We are honored to have Col. Cahn as our Keynote Speaker.” Some seating will be provided, but those attending are encouraged to bring a chair. In the event of inclement weather, the ceremony will move to the Ocean Pines Community Center.

OPPD, Kiwanis sponsor Nov. 18 ‘Shop with a Cop’ pancake breakfast

he Ocean Pines Police Department will partner with the Kiwanis Club of Greater Ocean Pines-Ocean City for a special “Shop with a Cop” pancake breakfast event on Saturday, Nov. 18 from 8-11 a.m. in the Assateague Room of the Ocean Pines Community Center. The event will benefit the Cricket Center in Berlin, which is the only state-supported child advocacy center in Worcester County. Tickets are $9 at the door and children under 10 are free. Carryout and dine-in options are available. According to the Kiwanis, the Shop with a Cop event is a “partnership with Worcester County law enforcement agencies, giving children the chance to shop with a local law enforcement officer for holiday gifts for their families.” Traditionally, the campaign gave local at-risk children $150 to spend on gifts for themselves. According to the Kiwanis, “The Cricket Center realized that instead of buying holiday gifts, they were buying basic necessities for their families. To assist this effort, the ‘Shop with a Cop’ local drive provides our community the opportunity to donate these basic necessities, enabling children to focus on holiday gifts.” There will be a drop box at the pancake breakfast to help collect those items. A spokesperson for Kiwanis said essentials that are needed are new, unexpired items including boxed stuffing, canned vegetables, canned cranberries and jelly and jam. Also welcome are peanut butter, pancake mix, trail mix, crackers, fruit snacks, powdered drink mix,

popcorn (unpopped, toothpaste, toothbrushes, deodorant, toilet paper, paper towels, hand soap, bar soap. boxed cereal, granola bars, cereal bars, pasta, pasta sauce, mac and cheese, and canned tuna. Additional drop boxes will be available in the Community Center lobby, The Parke at Ocean Pines clubhouse on 2 Arcadia Court, and the Ocean Pines Racquet Center at 11443 Manklin Creek Road. Ocean Pines Police Chief Tim Robinson said it’s important for local law enforcement to support these types of projects. “We’re very honored to partner with the Kiwanis to support a worthwhile endeavor like the Cricket Center,” he said. “Things like the Cricket Center are instrumental in helping to keep some of our vulnerable youth safe.”

Drawbridge diners

Kiwanis coat and toy drives

The Kiwanis Club of Greater Ocean Pines--Ocean City has launched its annual coat and toy drives. Collections are Wednesdays in November from 9 a.m. to noon in the parking lot of the Ocean Pines Community Center. Coats new or used in good condition will go to various local organizations for those in need. Toys new and unwrapped go to Worcester GOLD for distribution.

Once again, several of the neighbors on Drawbridge Road in Ocean Pines met for dinner, this time at Taylor's Restaurant, on Oct. 16. Jackie Choate, seated, third from right, is the coordinator for the neighborhood.

40 Ocean Pines PROGRESS November 2023

LIFESTYLES

Farmers & Artisans Market offers Thanksgiving bakery orders

s Thanksgiving approaches, the Ocean Pines Farmers & Artisans Market is here to make things in the kitchen a little easier, with special holiday ordering. “For some, the task of baking pies stares them in the face every holiday season, but not everyone has the skills, desire or time to present the perfect pie on their holiday table,” Market Manager David Bean said. “If you’re hoping to keep the rolling pin in the cupboard, then let one of our many marketplace bakeries bring the baked goods to your Thanksgiving feast.” Bean said the marketplace will of-

fer a wide range of tasty treats, from classic pumpkin and sweet potato pies to new and unique offerings. Vendors like Ugly Pie will serve up signature specials like their “Apple Dapple” pie, a salted caramel and apple confection with a pecan and oat crumb topping. Vivian’s House is a specialty marketplace bakery for those with dietary concerns, offering gluten-free, vegan and other special need baked goods. Owner Vivian Manion works directly with her customers to create her special products. Pies from Del Vecchio’s Bakery are made with the finest ingredients

“While the holiday is still weeks away, now is the time to place those special orders,” Bean continued. “Most bakeries have cut-off dates for orders and limits can be reached quickly. All bakeries require payment at the time an order is placed.” and are baked fresh overnight, often Bean said special orders can be arriving on market mornings still placed directly with the vendors warm from the oven. Owner John during Saturday farmers markets. Del Vecchio is known for his breakThe marketplace will also offer fast pastries, which are a great way two special Thanksgiving holiday to start the holiday morning – or the market days: on Saturday, Nov. 18, perfect breakfast before heading out from 9 a.m. to noon and on Tuesday, to do some Black Friday shopping. Nov. 21 from 9 a.m. to 11 a.m. “It’s more than just pies that our “Our Turkey Tuesday market bakers prepare for our shoppers,” allows orders to be picked up fresh Bean said. “The offerings also injust before the holiday,” Bean said. clude oven-fresh breads, dinner The market is open Saturdays rolls, and the Eastern Shore favorite from 9 a.m. to noon in White Horse sweet potato biscuits just ready for Park, next to the Ocean Pines Ada slather of sweet cream butter and ministration Building and Police a big dollop of homemade jam from Department. the market.

Pine’eer Craft Club hosting craft fair Nov. 4

he Pine’eer Craft Club of Ocean Pines will host the 12th annual Holiday Craft Fair on Saturday, Nov. 4 from 9 a.m. to 3 p.m. at the Ocean Pines Community Center. The event is free and open to the public. “We are excited to host the event this year, and we have added additional booths to accommodate the overwhelming response from applicants,” Debbie Jiwa, event chairperson, said. Local artisans, crafters, and many Craft Club members will display and sell their hand-crafted items. The Holiday Craft Fair is a juried event, meaning organizers will limit the number of similar products. “There will be a wide variety of items, many with a holiday theme, including jewelry, pottery, paintings, soap and bath items, pet products, American Girl doll clothes, stained glass, pillows, and crossstitched items,” Jiwa said. “All items are hand-crafted and make wonderful gifts for the holidays, and you can get something for everyone on your gift list. “We’ll also have some unusual, one-of-a-kind things,” she continued. “We’ll have fabric decorated plates, quilted items, gourd houses, and so much more.” Jiwa recommends shoppers come early, as many items sell out quickly.

Treasures like these can spice up a holiday shopping spree at the Pine’eer Craft Club’s annual craft fair Nov.4.

“This is a popular event, so the earlier the better,” she said. “We’ll also have a bake sale of all homemade goodies. The bake sale is very popular and is usually sold out by noon.” Additionally, breakfast and lunch items will be available for sale by the Kiwanis Club in the Marlin Room, with tables and chairs also set up in that space.

The Pine’eer Craft Club will donate proceeds from the Holiday Craft Fair back to the Ocean Pines community. Active since 1974, the Craft Club has donated more than $175,000 to groups like Ocean Pines Recreation and Parks, Police and Fire departments, and the Worcester County Veterans Memorial at Oceans Pines.

Looking ahead, Jiwa said there are big plans for the club and the Holiday Craft Fair next year, with a major milestone approaching. “We are gearing up our 50th anniversary of the club in 2024,” she said. “We will be doing recognitions and celebrations throughout that year, leading up to our 13th annual Holiday Craft Fair next November.”

LIFESTYLES

Colby Phillips continues tradition of helping to send letters to Santa

November 2023 Ocean Pines PROGRESS 41

“My house glistens for a few months, and I usually have someone tell me I have glitter on my face at some point.” COLBY PHILLIPS

Deadline for requests no later than Nov. 15

erlin resident Colby Phillips has partnered again with the North Pole to help send letters from Santa Claus to local children & beyond. Twelve years ago, Phillips said she went online to look for a service that would deliver a holiday letter to her two daughters, Remy & Sadie, then ten and five-years-old. “There were plenty out there, but they cost upwards of $15. That seemed high for a letter I could probably write myself, with Santa’s help,” Phillips said. “So, Santa and I came up with a fun letter and offered the same service to a few friends, and it’s just grown over the years.” Each year, Phillips sends letters from Santa to close to 1,000 children all over the United States. She starts in October to keep up with the high demand, and said she’s used enough glitter over the years to fill several large warehouses. “My house glistens for a few months, and I usually have someone tell me I have glitter on my face at some point,” she said. Phillips became acquainted with St. Nicholas when she was just a little girl. “Because I have always believed in him, he trusts me to help him carry out this important tradition,” she said. “He truly is a jolly person! And his sweet tooth is as big as mine, so we enjoy discussing letters over sweets!” Along with getting to know Father Christmas, Phillips said she’s also met with his lovable, furry sidekicks. “The reindeer are wonderful!” she said. “I like to make the letters based around a continuous story. Several years ago, I introduced Peppermint the Reindeer, who was welcomed by the children with such excitement and love. Last year, our story introduced Gumdrop the elf who has a very big, sweet tooth! This year, Santa will talk about Gumdrop and Peppermint and what they have done over the last year. A coloring page will be included of Peppermint and Gumdrop as well.”

Richard Ludwick of Captain’s Cove drew the illustration of Peppermint and Gumdrop, and “he drew them exactly as Santa and I had envisioned,” she said. These letters are free and community donations throughout the years of stamps and funding have contributed greatly. “I can’t thank Thom Guylas and Emily Davis with Ace Printing in Berlin enough for their contribution and help in printing these letters and labels for me the past several years. I also appreciate the community and those who have donated stamps and funding for materials. It truly is only my time in stuffing and imagination of the story that I do at this point.” To receive a letter from Santa, simply email santaphillips@yahoo.com by Nov. 15 and include the child’s name and address. You can also request a letter for an adult but please Colby Phillips and pal from the North Pole. specify traditional or humor as Santa can have a real sense especially iphones, puppies or baby sisters!” of humor when he wants, too. For Phillips, continuing the traIf children want to write a letter dition is a wonderful way to stay in to Santa, which he loves, they can touch with an old friend, who just drop them off at the Ocean Pines happens to be made of pure Christpost office or the Captain’s Cove Mamas magic. It also warms her heart rina Club front desk and Santa will to help share good tidings each year reply with a special thank you inwith hundreds of children. cluded in the letter. “And don’t wor“I love the innocence of children,” ry Santa does not promise anything,

Phillips said. “Children really teach us about faith, believing in something they don’t actually see with their own eyes, like Santa coming into their house at night. I feel that, in this day and age, if we can keep them believing in the miracle of Christmas and bring a smile to their face, then I have accomplished what I set out to do.”

Chamber hosting ‘Best of Us’ banquet Nov. 9

he Ocean Pines Chamber of Commerce will be hosting its 2023 “Best of Us” awards banquet at the Carousel Hotel, 117th Street and Coastal Highway, on Thursday, Nov. 9, from 5:30 to 9 p.m. Honorees include Business of the Year, My Backyard; Business Person of the Year, Tasha Haight; Entrepreneur of the Year, Elizabeth Decker; Non-profit of the Year, Delmarva Discovery Museum; Citizen of the Year, Kate Patton; and Chamber Friend of the

Year, Gary Murray. Cost is $75 per person. Meal options are chicken parmesan, shrimp scampi and pasta abruzzi primavera. The banquet’s theme is “Our Future’s So Bright We Gotta Wear Shadess” so bright, festive attire is encouraged. Sponsorships and tickets are available at the Chamber Website.

42 Ocean Pines PROGRESS November 2023

Volunteers help create 1,000 care packages for U.S. soldiers

Ocean Pines Yacht Club partnered with Steel Blu Vodka, Get Involved Facebook group among other sponsors

oughly 200 volunteers helped prepare 1,000 care packages for U.S. soldiers and military dogs during an event at the Ocean Pines Yacht Club on Sunday, Oct. 8 The event was a partnership between the Yacht Club and Steel Blu Vodka, a local company that donates 10 percent of its profits for the care packages. With those funds, Steel Blu buys nonperishable goods – such as toiletries, snacks, and office supplies – and packages them with help from local volunteers. Also partnering in the project with the Yacht Club and particularly the Matt Ortt Companies was the Get Involved Facebook page administered by Esther Diller, a former Ocean Pines Association director whose husband, Stuart Laker-

nick, is a current OPA director. Those volunteers showed up in droves during a sunny Sunday at the Yacht Club. Among them were Maryland Del. Wayne Hartman, Ocean Pines Association President Rick Farr, General Manager John Viola, and several Ocean Pines Board members. Also attending was Colby Phillips, a former OPA department head who with Diller was a founder of the Get Involved site. “It was nice to see so many members of our Ocean Pines community come together and support our incredible military in putting together 1,000 care packages,” Farr said. “I would like to thank the Ocean Pines Community that participated, my fellow Board colleagues, Steel Blu Vodka, the staff with the Matt Ortt Company, the

LIFESTYLES Ocean Pines Get Involved Facebook Group, and all the other sponsors for rallying the community for this great event,” Farr said. The event was scheduled to run from 11 a.m. to 4 p.m., but so many helpers showed up that work finished in about an hour. Volunteers moved between stations set up on the Yacht Club patio to box up donated items and hand-written letters of support. “It was such a beautiful turnout!” Chelsey Chmelik, a Matt Ortt Companies manager who helped to organize the event, said. “We busted it out in less than an hour because of all the wonderful volunteers who came out to support us.” Chmelik thanked partnering sponsors Steel Blu Vodka, the Ocean Pines Yacht Club, Big Wave Marketing, Fully Promoted apparel, Cup of Joe entertainment, and the Ocean Pines Get Involved Facebook group. “I also want to shoutout the Matt Ortt Companies employees, who were a huge help,” she said. “And a special thank you to Esther Diller and Rick Farr for helping us reach so many volunteers. “And, of course, thanks to our incredible community. The turnout was truly overwhelming and I can’t wait to watch this event grow” Chmelik added. Chmelik said she will continue to collect additional donations and handwritten letters of support for members of the U.S. Military.

Over a dozen members of the Republican Women of Worcester County participated in the event. The packages will be shipped to U.S. troops here and abroad. Pictured left to right are Yvonne Babcock, Jean Delcher (RWWC Treasurer), Darlene Stevens, Sandy Zitzer (RWWC President), Vera Beck (RWWC Caring for America chair), Kris Barron, Brenda Barbaro and Amy Mike (RWWC Recording Secretary).

November 2023 Ocean Pines PROGRESS 43

LIFESTYLES

Ocean Pines Association directors Stuart Lakernick, above right, and Rick Farr, right photo, first on left, were among those who donated their time Oct. 8 assembling care packages for those serving in the military.

Pink Ribbon Classic raises more than $13,000

Sixth annual Ocean Pines raquetball tournament featured 128 players

ell over 100 players, 15 sponsors, and dozens of donors and volunteers helped to make the sixth annual Pickleball Pink Ribbon Classic a runaway success. The event, held at the Ocean Pines Racquet Center on Friday, Oct. 13 and hosted by the Ocean Pines Pickleball Club and the American Cancer Society, raised more than $13,000 for the Making Strides Against Breast Cancer campaign. “The Pink Ribbon pickleball tournament gives us a chance to raise awareness and raise money for the American Cancer Society, so we can continue the fight against breast cancer,” Event Director Becky Ferguson said. “As a breast cancer survivor since 2019, I recognize the utmost importance of this and I’m happy to help in any way I can.” Along with the impressive fundraising haul, players earned 54 gold, silver and bronze medals, and participants and guests came away with door prizes and raffle items donated by local businesses and community members. Throughout the day, the Racquet Center was overflowing with players and spectators. “We have 128 participants this year, and I think that was a tribute to the people who have worked on this tournament for the past six years,” Ferguson said. “Their efforts have created a fun day full of surprises, and I think the participants really appreciate that.” Racquet Sports Director Tim Johnson said he was humbled by the strong turnout and show of community support.

“The overwhelming success of this event is a testament to the nature of our pickleball community – kind, caring, always willing to support a good cause,” he said. “The countless hours given by the organizers and volunteers, the generous support of our sponsors, and the joyful participation of the players all combined to make this the most special event on our Racquet Center calendar. “I am happy that we were able to play a part in the fight against breast cancer! Kudos to Becky, Claire, and the other organizers on the fabulous success of this fundraising effort,” Johnson added. Tournament organizers thanked Ferguson, along with Tournament Director Claire Walker and assistant Patty Felix, Registration Coordinator Julie Woulfe, and Outgoing Event Director Chris Shook. They also expressed appreciation for volunteer Pickleball Club members and friends including Eileen Carl, Alexa Giles, Sue Breazeale, Deb Downing, Dawn Ament, Debi Davidson, Bridget Carver, Ed Waugh,Lynn Waugh, Liz Madjeski, Ray Madjeski, Jim Ulman, Terri Ulman, Joan Ford, Sharon Hoffman, Donna Frankowski, Robin Chiddo, Kelly Briers, Barb Freimuth, Faye Jeffries, Jackie Kurtz, Joyce Goodson, Geoff Goodson, Rita Preller, Mike Mullen, Dan Coyne, Kelly Coyne, Jim Ferguson and Robin Durst Also participating were Volunteer American Cancer Society and Pink Ribbon Ladies Mary Bellis, Jean Keagle, Pammie Sue Dutton, Chris Butler, and Judy Schoellkopf, along with volunteers from the local Verizon store.

44 Ocean Pines PROGRESS November 2023

OPINION

Competing narratives in the Leo investigations

fter two podcasts by former police chief Leo Ehrisman and his former colleague, Chris Tarr, and rebuttal interviews with sheriff department personnel that appeared in local print media, anyone and everyone with a scintilla of interest in the details that led up to Ehrisman’s forced retirement in June can be forgiven if they conclude that enough is enough. But it’s a story with legs. It will end when corroborating podcasts dissipate and dueling narratives become spent forces. We’re not there yet, but it could happen soon. As reported elsewhere in this edition of Progress, there is an apparent difference of opinion on whether the investigation into alleged misconduct by Ehrisman continues. Cardamone, chief of staff in the sheriff’s office, says it does. Leo, in a podcast by the Ocean Pines Residents Oversight Community, says he has a letter from his attorney in which the state prosecutor’s office says the investigation is closed and he’s been cleared of any misconduct that could lead to criminal prosecution. Can both be true? Yes, they can be, kind of; here, the dueling narratives are not mutually exclusive. There’s no reason to doubt Ehrisman and the letter from his attorney. These many months after the storage shed break-in and the investigation into missing guns, later retrieved, it’s highly unlikely that any criminal charges will be filed against Leo. If the state prosecutor isn’t going to prosecute, neither is Worcester County State’s Attorney Kris Heiser. There’s also no reason to doubt as Cardamone says that the investigations remain open, but that doesn’t mean there is any kind of legal jeopardy that remains for Ehrisman. These investigations very well could remain open until someone in charge decides enough is enough and officially nails the coffin shut on them. These many months later, what additional facts of significance could possible arise? Ehrisman, Tarr and another officer alleged to have mishandled privately owned guns turned over to the OPPD for safekeeping are no longer employed by the department. Even if some new, damaging fact could be uncovered at this late date, and that seems highly unlikely, there is no where to go with it.

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 The state prosecutor and the sheriff’s department have had almost 11 months to uncover everything there is know about these events, and that ought to be sufficient time to decide whether anything rises to the level of prosecutable misconduct. Cardamone in his rebuttal to the Ehrisman podcast published in a local weekly revealed what seemed like a contradiction of Ehrisman’s statement that the contents of the storage were junk, no longer of probative value in cases under investigation. Also at issue is a statement from Ehrisman that he was unaware of the shed’s contents, never actually been inside the shed. According to Cardamone, and there’s no reason whatever to doubt the veracity of what he says, there were handguns and rifles transferred from the storage shed to a holding cell in the police department on instructions from Ehrisman. Apparently some files related to an old rape case were transferred as well. So, yes, as Cardamone says, Leo was well aware of the contents of the shed because the officers who handled the transfers told him. Is this really a contradiction? Not really, because Ehrisman’s statement about not knowing the contents of the shed seems credible prior to the break-in, as he had never been inside it. He learned of the shed’s contents the evening that the break-in was reported and Ehrisman was notified at home by a dispatcher. Cardamone in his published interview made the point that the guns transferred from the shed were evidence in criminal cases, and that seems at odds with Ehrisman’s statement that the shed contents were junk of no practical significance in ongoing investigations. Can both statements be true? Again, yes, with some careful parsing. As noted by Cardamone, the storage shed dates back to the 1980s, and Ehrisman in his podcast said that some of what was in the shed was transfered out of the old police station of that era. It’s highly unlikely that guns and an old file about a rape case

that had been haphazardly filed in an old storage shed is going to have any value in investigations or cases in 2023. Were the guns identified as evidence pertaining to any particular active case? Not likely, or we’d already know about it. Cardamone said as much in recent comments to the Progress. So, yes, the contents transferred from the shed could have been evidence at one time but, now, 40, 30, 20 and ten years later, Ehrisman can’t be faulted for describing most of it as junk. The exception might be files related to an old rape case. Is any of it remotely connected to any ongoing investigation under way in 2023? Cardamone in his published interview also nicked Ehrisman for saying that the shed had been there for roughly two years, which on its face seems like an obvious misunderstanding. As a 37-year veteran of the OPPD, Ehrisman would have a memory of the tiny old police station wedged in a wing of the old Community Hall, long gone. Any statements in the podcast about the “new” police station referred to the police station that was built when the administration building was built in the 1980s (if memory serves). Cardamone obviously confused that police station with the expanded and renovated iteration of it completed a few years ago. A forgivable misunderstanding, but an error nonetheless. We all make them. Cardamone seems most unforgiving of Ehrisman for not knowing the contents of the storage shed. It was his responsibility to know, according to Cardamone. Perhaps, but if so then Ehrisman’s predecessors as chief arguably can be accused of a similar lack of attention to detail. By all accounts, the contents of that storage shed were haphazardly arranged and have been that way for decades, maybe even from day one. But if Leo is to be faulted for letting an old storage shed molder during his tenure, then perhaps investigations should be launched into his predecessors about what they knew about that shed and when

they knew it. Or not. That’s never going to happen, nor should it. But it’s useful to place Leo’s actions or lack thereof in the context of prior administrations. Ehrisman in his podcast also implied that the sheriff’s department had lost or even stole a scope on one of the rifles that the owner eventually retrieved According to Leo, the scope was mounted on the rifle when it was stored in the Ocean Pines police station but went missing sometime after that. A minor issue, according to Leo, but perhaps worthy of an investigation, especially after he said sheriff department investigators kept “digging and digging” to uncover misconduct in the OPPD. This is where it gets somewhat interesting. Cardamone says with no hesitation or scintilla of doubt that the rifle when it was in possession of the sheriff’s office did not have a scope attached. These two competing narratives can’t be reconciled. Cardamone’s might have more credibility because he was on the scene both in Ocean Pines and Snow Hill, while Leo’s was not on the scene and hence his information is second-hand. This one can only go down as UnXplaned. Finally, Cardamone and Ehrisman clearly differ on the justificau

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 WRITER Rota Knott 443-880-3953

OPINION

COMMENTARY

November 2023 Ocean Pines PROGRESS 45

Premature to give more authority to levy fines to OPA

here’s been some interest by new and carry-over members of the Board of Directors to seek authority to levy fines on persistent and egregious violators of Ocean Pines Association restrictive covenants and the Architectural Review Committee guidelines that are more or less consistent with those covenants. Some newer sections in Ocean Pines have that authority already, so this idea, which has been around in one form or another for decades, is targeted at the original Boise Cascade-developed sections that don’t have this enforcement tool. There may come a time when it might sense to attempt to amend the Declarations of Restrictions in each of the sections without fining authority to include it. That time is not now, however. Amending DRs is difficult. It requires obtaining the affirmation of a majority of owners in each section of Ocean Pines, not just a majority of those voting. To attempt to change the delicate balance

Life in the Pines

From Page 44 tions for the former chief’s involuntary retirement from the OPPD in June. Cardamone praised OPA General Manager John Viola for handling a difficult situation as he did. Although it’s understandable that Ehrisman thinks he got a raw deal in all that transpired -- it’s true, he did -- at the same time Viola did indeed juggle difficult circumstances for which Ehrisman isn’t necessarily to blame. After six months of Ehrisman being on paid administrative leave, and a department in disarray and losing a good percentage of its officers, many of whom were loyal to Ehrisman, it really was time for Viola to make a change. The acting chief, Shakur Tappan, didn’t want the job. He later resigned, to become a public safety officer in an area school. Seems like he needed a break from the pressure cooker of employment by the OPPD. Was Leo the best person to try to restore the department to some semblance of working order? After six months of paid leave, before the state prosecutor advised Ehrisman’s attorney that Leo would not be prosecuted for any misconduct, was Ehrisman the right person for the job at that point in time? Viola obviously thought bringing

between the OPA and its members will not be universally applauded. It’s bound to inject divisiveness in a community that has had enough of that in recent years. Before an attempt is made to amend the DRs section by section to permit fines, there needs to be a full court press by legal counsel to “go after” the persistent violators and to counter the legal maneuvering that some members engage in to avoid consequences from nuisance behavior. We have a new local attorney with an experienced team who might well a have a few tricks up their sleeves to obtain court orders or even contempt of court citations for frequent violators -- those who, for instance, move their offending junk vehicles on and off their properties in order to fend off compliance. Or who, for reasons that seem inexplicable, fail to keep their properties up or engage in behavior persistently designed to annoy their neighbors. A contempt of court citation may be what’s needed to remedy continuing violations, once and for all.

in a fresh perspective was the better approach, and even Ehrisman sings the praises of his replacement, Tim Robinson, who was hired in August. Ehrisman in the podcast was offbase when he hinted that the Ocean Pines Board of Directors was complicit in his forced retirement. The same allegation was made in the earlier podcast by Chris Tarr, and that royally annoyed OPA President Rick Farr, who takes seriously the mantra that the Board’s purpose is for policy-making, not personnel management. The call to move on from Ehrisman was Viola’s call to make, and he make it he did. Did he seek advice from the OPA president and vice-president at the time? Perhaps he did, but asking for advice is not same thing as being told what to do. Anyone who knows Viola knows that he wouldn’t stay in the job if any Board he worked for delved too deeply into operational matters or was told he had to get rid of someone he wanted to keep. Previously GMs haven’t been that independent or able to resist untoward interference into matters that are clearly operational. Viola isn’t that kind of GM. Ehrisman didn’t single out Viola for any overt criticism in his podcast, other than to mention that the GM hadn’t called him to tell him

There are indications that Bruce Bright and his legal team will be coming up with ways to fix a vexing issue, one that dates back decades, with various Boards over the years vowing to “get tough” and then never following through. In the meantime, the Board considered on first reading at its Oct. 28 monthly a revised version of Board Resolution M-01 that will bring the directors back into a more direct role of dealing with compliance issues after several years of taking a less visible role. The directors will be back in the business of declaring continuing violations and directing legal action to take alleged violators to court. A new provision provision of M-01 mandates that property owners cited for violations have a right of appeal before the Board, a requirement recently enacted in state law. A more visibly functioning M-01 might persuade property owners who risk running afoul of regulations that the OPA takes these matters seriously. If a new or expedited process results in better compliance, then new authority to levy fines may not be needed. - Tom Stauss

that the OPA was moving on from Ehrisman’s tenure. That came in a letter to Ehrisman’s attorney from the OPA’s attorney, presumably someone from former counsel’s Jeremy Tucker’s law firm, if not Tucker himself. That is as understandable as Ehrisman’s feelings of betrayal. After 37 years with the department, he didn’t even receive a retirement badge or any acknowledgment of the good work he’d done for the OPPD over the years. But given the potential for litigation when someone is asked to leave before he’s ready to, it’s not surprising that Viola would have let the lawyer handle the messaging. This has been a sad and disturbing sequence of events, and to some extent Ehrisman was the victim of circumstances that he could not have anticipated would have had such devastating results for him personally. This doesn’t even delve into the issue of the missing guns, and the permission he gave two of his officers to take two of the guns out to the shooting range for some training hours on weaponry that is not standard issue for police officers. That decision led to a criminal investigation of Ehrisman and the two officers, with no charges filed. Competing narratives about whether the owner gave Leo and his officer permissions to use the guns

on a local shooting range persist. Leo says his old friend gave him that permission. Cardamone insists that the owner gave her guns to the OPPD for safe-keeping only. Absent a podcast featuring the owner to set the record straight, these competing narratives are among those that can’t be reconciled. Both narratives can’t be true. In retrospect it would have been better had those rifles stayed in the equipment room, but whatever Leo did or didn’t do hasn’t risen to the level of some criminal offense, and he lost a job he loved. As Cardamone told the Progress recently, there is a distinction between criminal misdeeds and administrative misconduct. Ocean Pines has moved on with an excellent replacement for Leo, and he didn’t even merit a thankyou or a retirement badge. Yeah, he should not have accused the Board of complicity in decisions that led to his forced retirement, but that doesn’t obviate the good work he did for Ocean Pines all those years. He deserves a retirement badge and some appreciation. Maybe Tim Robinson can make that happen. It would be a generous, decent thing to do, recognition that the recent troubles do not erase a career in law enforcement, all 37 years of it spent in Ocean Pines.

46 Ocean Pines PROGRESS November 2023

CAPTAIN’S COVE

CURRENTS

CCG Note sells townhome parcel Tim Hearn assembled new owners and will act as group’s on-site facilitator/manager By TOM STAUSS Publisher CG Note, the declarant/developer in Captain’s Cove, has sold the 24-acre Hastings/ Mariner property near the Cove’s east entrance, to an investment firm based in Harford County, Md., called R2JS, LLC. It’s a subsidiary of Scitech Services, a 30-year-old company that provides scientific, engineering and management solutions, primarily to government customers, according to its Website. The company was recently written up in Baltimore Business Journal as the developer of a former vacated industrial site in Aberdeen that is being converted into a hub for contractors. County land records show that the transaction for the Hastings/Mariner closed the first week of October. The parcel, which has received zoning approval for a 142-unit townhome development, sold for $725,000. CCG Note bought the property

in November of 2021 from the Hastings/Mariner family for $250,000, according to land records. The sale is the latest indicator that CCG Note is moving to separate itself from actions and activities that are controversial within Captain’s Cove. Earlier this year, the two CCG Note investors who are members of the Captain’s Cove property owners association Board of Directors decided to recuse themselves from voting on any issues that come to the Board. Abstentions have followed ever since. In addition, Tim Hearn, a business associate of Cove POA directors Jim Silfee and Michael Glick, who are principals in CCG Note, resigned several months ago as president of Captain’s Cove Golf and Yacht Club, the Cove’s POA. He remains on the Board as a director, but like Silfee and Glick is abstaining on issues that come to the Board. Hearn was instrumental in arranging the sale of the Hastings/Mariner property to R2JS. Ac-

Site plan of the proposed Hastings/Mariner townhome project.

cording to the Baltimore Business Review article, he played a role in the subsidiary’s creation more than ten years ago. He told the Cove Currents that he is not an investor in Scitech Services or R2JS, but will be managing the development of the property for the owners. “My relationship [with R2JS] is similar to my relationship with the investors in CCG Note,” Hearn said. “I work with developers, act as a broker, and will oversee a project as it develops.” Hearn said CCG Note focused on the early phases of land development, including the initial land purchase and navigation through the rezoning, engineering and permitting processes, “which often involves controversy and opposition by some neighbors” and litigation. With the recent rulings in Accomack County Circuit Court removing obstacles to the next phase of the planned townhome project, Hearn said CCG Note investors thought it was a good time to hand it off to an investment group experienced in construction and marketing. He said the project could cost roughly $35 million to develop. Hearn said that while he was not privy to the expenses incurred by CCG Note in the early development phases, he thought it was likely that it exceeded $100,000. Even so, it seems clear that CCG Note profited handsomely from its ownership of the Hastings/ Mariner parcel based on the information derived from county land records. Hearn said that there have been some changes in plans for the townhome project from its initial conception and design. Originally conceived as a rental development, which led some critics to complain that it would be a site for low-income housing, Hearn said the townhomes will be a mix of rental and owner-occupied units. He said the townhomes will be reconfigured so that each unit will have some open space in front and back of units. Originally, each property was going to be confined to the footprint of each unit, with land outside each unit defined as common area. “This is the more traditional townhome concept,” Hearn said. “The original plan was more of To Page 48

CAPTAIN’S COVE CURRENTS

November 2023 Ocean Pines PROGRESS 47

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48 November 2023 Ocean Pines PROG-

CAPTAIN’S COVE CURRENTS Townhome parcel

From Page 46 a townhome/condo approach, where all the open space is owned by the homeowners association.” He said the presence of both a front and back yard would make each unit more appealing to buyers and renters. Another change is that there will be only one ingress/egress from Captain’s Corridor to the project, not two as originally envisioned. There would be another ingress/egress site to the property from State Line Road. The new owners are willing to make acreage available within the site for a emergency medical facility to be operated by the Greenbackville Volunteer Fire Department, Hearn said. The facility would be about 1,200 square feet on roughly one acre. “Getting EMS closer to the Cove should be a compelling change for those who are willing to be open-minded about the benefits of their new neighbor,” Hearn said, adding that he’s aware that for some critics nothing will be good enough. Earlier proposals for a combined EMS/firehouse facility in Section 13 along Fleming Road on the Cove’s western perimeter are no longer an option, Hearn said. This proposal also ran into opposition from critics. Plans for commercial uses within the Hastings/Mariner site are in flux, with the EMS facility taking up some of that acreage, he said. Other potential commercial uses have not yet been identified. There has been no change in plans for an outdoor swimming pool and green spaces, he said. With the litigation no longer a concern, absent an appeal of the Oct. 2 rulings by the Accomack County Circuit Court, Hearn said the next steps will be submission of a record plat and construction documents from the county staff to review. He’s not sure whether the plans will need to go before the county’s planning commission for final approval. “I think it’s up to the staff to decide,” he said. “The staff may decide to pivot to the planning commission for final approvals.” Site plan and construction approvals do not typically go to the Accomack County Board of Supervisors for review. Hearn said there is no timetable set for when the next phase of development will begin, but he said he would not be surprised if engineerTo Page 50

CAPTAIN’S COVE CURRENTS

Ocean Pines PROGRESS November 2023 49

50 Ocean Pines PROGRESS November 2023

CAPTAIN’S COVE CURRENTS

Board rescinds short-term rental fees, replaces them with fees for all rental properties Flat rate of $50 imposed per rental period, with no distinction between a short-term lease of a few days with a longer lease of a year or more By TOM STAUSS Publisher month after adopting administrative fees for short-term rentals of 29 or fewer days, the Board of Directors rescinded those fees and replaced them with a flat fee of $50 on all rental properties in Captain’s Cove regardless of the duration of a lease. The action was taken in a special meeting Oct. 25 in two separate motions that passed unanimously with three abstentions. The first motion established the $50 administrative processing fee

on all rental properties, while the second motion rescinded short-term rental fees adopted at a Sept. 25 Board meeting. One was for an annual charge of $100 per household to enter into the short-term rental program, while the other was a $35 per rental period, regardless of length of day. Short-term rentals are defined as lease periods of 29 days or fewer. The short-term rental fees were criticized by some Cove property association members at the Sept. 25 meeting, with Lance Stitcher suggesting they ran afoul of state law

and a recent Court of Appeals decision. He suggested that the Board ask legal counsel to review the fees before implementing them. The Board took that suggestion, said alternate director Dave Felt, “in response to comments. We do listen, and we take [them] seriously.” The new fees on all rental properties suggests that the Board was advised not to discriminate against one category of rental property, even though monitoring and administering short-term rentals are much more labor-intensive than longer rentals.

In introducing the new fees on all rental properties, Director Mark Majerus said that all owners of rental properties in the Cove would be asked to provide a copy of a lease to the Cove management team. Alternatively, in lieu of a lease, the owner can email to Cove management the name of the renter, any rental agent who is managing the property for the owner, and consent to follow the rules and regulations of the Cove, Majerus said. The new fees would go into effect on Jan. 1 of next year. Before voting on each motion, Majerus, who presided over the special meeting, asked for comment from those attending the meeting in person or remotely. No one asked to be heard on the motion for administrative fees on all properties, but the motion for rescission prompted questions and a complaint from resident Ginger Lamberson. After seeking clarification on whether the fees applied to shortterm rentals of three days, Majerus said the same $50 fee would be imu

Townhome parcel

From Page 48 ing and permitting would take place from six months to a year from now. Economic conditions will affect timing, he said, adding that developers normally look for a decline in an inflationary environment and interest rates before committing to development. Ideally, “you want to finish up your construction when inflation is stagnant and interest rates are decreasing,” he said. Hearn said that the new ownership group is used to working with and accommodating government entities, particularly in the vicinity of the Aberdeen Proving Ground in Harford County. This is somewhat analogous to the need for housing for those who are employed at the Wallops Flight Facility operated by NASA and the Rocket Labs complex, Hearn said. “Accomack County has a housing shortage,” he said. “Everyone knows this. Our townhomes will help provide needed housing for shorter-term transplants and those who plan to stay longer.” Hearn said there has been no decisions yet on how the units will be marketed. Options include an in-house sales and rental operation or hiring a local real estate brokerage.

CAPTAIN’S COVE CURRENTS posed on properties rented for three weeks, six months or whatever duration. Lamberson then asked the purpose of the fee. Majerus responded that it was administrative, to cover the cost of keeping records of who is occupying a home. “It’s for labor expended in keeping records,” he said. Felt said the justification for the new rental fee was discussed in prior Board discussions about shortterm rentals. “We were informed [by legal counsel] that this is a better way to recoup expenses,” he said. That didn’t seem to satisfy Lamberson, who said that $50 is a “lot of money to charge for an email” with the information contained in the approved motion, especially for a three-day rental, which is a typical duration for a short-term rental. Felt tried again to explain the rationale for the new fees. “Everything has to be reviewed [and stored],” he said of the requested information, copy of a lease or emailed contact information.

Felt said that the Board was advised by counsel that “we’re stuck with this less flexible option” that makes no distinction between rental durations or the fact that short-term rentals are more labor intensive. “There may be statutory authority coming down the pike” that would have property owner associations in Virginia more flexibility in regulating rentals in their communities,” he said. It’s not clear whether that legislation will be adopted before Jan. 1. If it is, that could result in the Board making other changes to the rental fee structure. Lamberson tried to get more clarity on the process to be used to submit a copy of a lease or contact information via email, and wanted to know whether the Cove POA had a recommended lease it could provide for owners. Majerus said that the Cove has no recommended lease but that she could download a copy of a common law lease from a Virginia government Website. Lamberson continued to struggle with the Board’s actions, saying she

November 2023 Ocean Pines PROGRESS 51 didn’t understand the lease submission requirements. “Do you require a three-day lease?” she asked. Majerus repeated that the first motion, already passed by the Board, provided an email alternative to a three-day lease. “There will be some guidance [to owners of rental properties] in an e-blast,” he said. There was no discussion of the means by which rental property owners will be asked to submit the $50 fees, or how the property management team will attempt to collect fees from owners who decline to pay them or submit copies of the lease or contact information via email. The action at the Oct. 25 meeting was the third attempt by the Board to deal with short-term rentals. In August, the Board was presented with a proposal for a $910 annual administrative free for short-term rentals. This proposal was tabled after a majority resisted, agreeing that a $910 fee seemed excessive. The Board tried again at its Sept. 26 meeting, coming up with a fee structure with less of a sticker shock.

It had been endorsed by the Operating Committee at its Sept. 18 meeting and thereby seemed more or less guaranteed of approval, since four Cove directors serve on the Operating Committee. During the Sept. 26, Stitcher, a former general manager of the Cove POA and a real estate professional whose business is based in nearby Chincoteague, suggested that a fair reading of state law precluded the Board from acting as it did. He suggested that the new fee structure could result in litigation, questioning why “smart people” like those on the Board would take that risk when directors are trying to control legal expenses He had made a similar argument during the Operating Committee meeting earlier in the month. Stitcher later clarified that he was not threatening legal action against the association himself. “But I live here in the Cove,” he said. “I’m not going anywhere,”adding that he is concerned about Board actions that could get the association involved in future litigation.

52 Ocean Pines PROGRESS November 2023

CAPTAIN’S COVE CURRENTS

Five issues remain in Birckhead case

Public access to Captain’s Corridor affirmed by Judge Lewis By TOM STAUSS III. He ruled that roughly 1,200 feet of Captain’s Publisher Corridor west of the road’s center line adjacent efendants in the Birckhead litigation won to the Hastings/Mariner parcel is owned by CCG an important victory in Accomack Coun- Note as a successor to the Hastings/Mariner ty Circuit Court Oct. 2 on two issues that families. CCG Note sold the property to a group could have derailed or delayed the planned town- of investors in early October, and thus the new home project at the east entrance into Captain’s owners now own this portion of Captain’s CorriCove. dor west of the center line. Five issues not related to the townhome projThe second issue decided by Judge Lewis and ect remain to be litigated, however. tangentially related to the townhome project inOne issue that absent an appeal has been re- volved Aqua Virginia, the Cove’s water and sewer solved in favor of defendants Captain’s Cove Golf utility. and Yacht Club and developer/declarant CCG Judge Lewis determined that a 2016 sale of Note concerned ownership of Captain’s Corridor about ten acres in Section 14 to Aqua Virginia by adjacent to the Hastings/Mariner property, the the Cove POA had been authorized by the State future site of a 142-unit townhome project. Corporation Commission. The issue was whether CCGYC, the property He accepted a motion by Aqua Virginia atowners association that governs Captain’s Cove, torney Cordially Invites You to OurJohn Byrum to dismiss the complaint by has the power to restrict use of the road to Cap- the seven Birckhead plaintiffs seeking to enjoin tain’s Cove property owners and residents only. future use of that acreage by Aqua to construct It can’t, according to the Judge Revell Lewis what are called rapid infiltration basins, or RIBs,

on grounds that the Circuit Court lacked subject jurisdiction over the issue. “I will grant the request [for dismissal] subject to the SCC,” he said, which seemed to suggest that the plaintiffs could seek redress with the SCC if they want to revisit the issue. By implication, the judge seemed to suggest that with the inclusion of the RIB acreage, there is sufficient wastewater disposal capacity to provide these service to the townhome project, and that the utility’s operating permit allows it to provide water to the townhome project as well. He also seemed to leave open the possibility that the plaintiffs could oppose Aqua’s providing of water and wastewater treatment services to the planned townhome project, if that issue comes before the SSC for a ruling. It may not, as Aqua and the new owners of the Mariner/Hastings property could argue that Aqua’s right to operate in Captain’s Cove does not preclude it from extending water and wastewater treatment services outside the boundaries of Captain’s Cove. The townhome property is not part of platted Captain’s Cove. In any event, the two decisions by Judge Lewis would appear to clear the way for development of the townhome project, absent an appeal by the plaintiffs. Generally speaking, Virginia allows the losing u

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CAPTAIN’S COVE CURRENTS party in a case 30 days to appeal from the date an order or decision by the court in writing is issued. Lawyers for the prevailing side often draft the order for the judge to review, and that can take some time. It is not clear whether written orders have been released by the court and when the clock started on the 30-day deadline for an appeal. The five issues that remain to be decided by the court do not directly affect the townhome project. Issues that remain include: • whether CCG Note should have installed or could be ordered to install bulkheads on two lots it owns on Starboard Street, adjoining Swan’s Gut. The defendants have argued that these lots are among the several hundred in this area for which the US. Army Corps of Engineers has not issued bulkheading permits, and probably won’t, for environmental reasons. • whether CCG Note has improperly failed to pay CCGYC $50,000 per year, or even a reduced amount, for a loan mentioned in the 2012 settlement agreed but which the defendants assert was never executed by the Cove POA. • whether CCG Note is authorized in governing documents to convey lots to the Greenbackville Fire Department for possible use as a future

site as an emergency medical satellite facility or even a future firehouse. This option apparently has been taken off the table, with the developer no longer envisioning an EMT or firehouse within the confines of Captain’s Cove, but it nonetheless remains as an issue to be decided by court. • whether a developer, Stonewall Capital, hasn’t been paying assessments on lots sold to it by CCG Note, and whether this was a benefit to CCG Note. The defendants have argued that Stonewall Capital in fact has paid in full lot assessments that were in arrears at one time, and that there is no disagreement over the meaning of language in the 2012 Settlement Agreement that exempts the Declarant/Developer from paying lot assessments. That exemption expires when lots are sold, and Stonewall Capital is liable for assessments on lots it owns. • whether Seaview Street has to be built by CCG Note or is the responsibility of the Cove POA to complete. Currently it’s on a priority list that a working group on roads has established. Accomack County issued a permit to CCGYC two years ago for road construction on Seaview Street.

Plaintiffs interpret Article 2, Paragraph 2 of the Articles of Incorporation as requiring the developer, not the Cove POA, to build out roads, with the association having the responsibility for maintaining them once built. The applicable language in the Articles of Incorporation says that the Cove POA has the responsibility “to repair, maintain, rebuild and/or beautify all streets and their rights of way.” There is similar language in the restrictive covenants, often called the Declaration, but the plaintiffs interpret the language differently. The defendants cite the long history of the Cove POA building roads in Captain’s Cove once the original developer vacated Captain’s Cove and argue that the plaintiffs live along roads built by the association and want to deny others the same opportunity. In addition, according to CCGYC director Tim Hearn in a recent email to the Cove Currents, Cal Burns, the original developer/declarant, “deeded all road right of ways to CCGYC several decades ago. “These included the roads in Sections 14-18. When he did so, there was no further requirement that the Declarant construct roads. “The Declarations have always required CCGYC to maintain and improve streets (even when it did not own them),” Hearn said.

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54 Ocean Pines PROGRESS November 2023

Judge rules for Aqua Virginia in Birckhead case, removing obstacle to townhome project

CAPTAIN’S COVE CURRENTS

Hearn criticizes attorney for comments about ‘alternative locations’ for rapid infiltration basins in Captain’s Cove By TOM STAUSS Publisher n the first of two rulings in Accomack County Circuit Court Oct. 2, Judge Revell Lewis III dealt a legal setback to the attempt by seven Captain’s Cove residents, known as the Birckhead plaintiffs after one of its members, Teresa Birckhead, to derail a planned townhome project at the eastern or back entrance into Captain’s Cove. After dueling presentations by lawyers for the plaintiffs and Aqua Virginia, the Captain’s Cove water and wastewater treatment utility, Judge Lewis determined that a 2016

sale of about ten acres in Section 14 to Aqua Virginia by the Cove property owners association had been authorized by the State Corporation Commission (SCC). The acreage is set aside as a future site of so-called rapid infiltration basins, or RIBs, as a way of disposing of treated wastewater from the wastewater treatment plant in Captain’s Cove operated by Aqua. Judge Lewis also accepted a motion by Aqua Virginia attorney John Byrum to dismiss the complaint by the Birckhead plaintiffs seeking to enjoin future use of that acreage by Aqua, on grounds that the Circuit

Court lacked subject jurisdiction over the issue. “I will grant the request [for dismissal] subject to the SCC,” he said, which seemed to suggest that the plaintiffs could seek redress with the SCC if they want to revisit the issue. The SCC has extensive regulatory authority over utilities in Virginia.. He seemed to leave open the possibility that the plaintiffs could oppose Aqua’s providing of water and wastewater treatment services to the planned townhome project, if that issue comes before the SSC for

a ruling. By implication, the judge seemed to accept Aqua’s argument that there is sufficient wastewater disposal capacity to provide wastewater treatment services to the townhome project, and that the utility’s operating permit allows it to provide water to the townhome project as well. His ruling also apparently removed Aqua as a defendant in the case, leaving Captain’s Cove Golf and Yacht Club and CCG Note, the declarant/developer as the remaining defendants. Earlier this year, the judge had mandated that Aqua be added as a defendant because issues raised in the suit involved the utility. Judge Lewis did not specifically address these issues in open court, saying little more that he was granting the request for dismissal and adding that the dismissal was “subject to” additional determinations by the SCC. He was effectively accepting Byrum’s argument that the circuit u

CAPTAIN’S COVE CURRENTS

November 2023 Ocean Pines PROGRESS 55

Birckhead plaintiffs have not revealed appeal plans

By TOM STAUSS Publisher s the deadline for an appeal of rulings by Accomack County Circuit Court Judge Revell Lewis III in the Birckhead litigation approaches, there is no indication that the plaintiffs intend to appeal to Virginia’s Court of Appeals. Neither Teresa Birckhead, one of seven plain-

tiffs in the case, nor their attorney, Doug Kahle, responded to phone calls or texts from the Cove Currents asking whether an appeal is pending. Judge Revell issued rulings in open court adverse to the plaintiffs Oct. 2 after dueling presentations by opposing attorneys. Written orders normally would be issued several days after the hearing, but there has been no confirmation that that has occurred in this case.

Under Virginia law, litigants on the losing side of a dispute in circuit court can appeal to the Virginia Court of Appeals up to 30 days after a court issues a decision in writing, with extensions possible under extenuating circumstances. Birckhead, in a social media post Oct. 3, expressed surprise that Judge Lewis rejected their claims that access to Captain’s Cove could be reu

Aqua Virginia From Page 54 court lacked “subject jurisdiction” over the issues in dispute. In response to the judge’s decision, Tim Hearn, who is coordinating the townhome project for new owners [see separate article in this edition for details of an ownership change], slammed comments made by Douglas Kahle, the attorney for the Birckhead plaintiffs, during the Oct. 2 hearing. Kahle’s comments and Hearn’s critique pertained to so-called RIBs that Aqua could build in Section 14 when and if it needs a way to dispose of treated wastewater as the Cove works its way toward buildout, perhaps several decades away. Hearn noted that during the Oct. 2 hearing, Kahle mentioned that his clients “have identified alternative locations in Captain’s Cove for RIBs,” which he declined to identify. Kahle also referred to RIBs as “open cesspools,” a derogatory term that implies the presence of untreated or lightly treated wastewater. Byrum said RIBs are not sites for untreated waste but rather are an accepted means of further filtering treated wastewater before it enters the water table. Hearn said Kahle’s comments were “remarkable in its lack of understanding as to how the Aqua Virginia utility company operates, as well as the needs of the community. “ Hearn said that the ten acres of land Aqua acquired are close to a half-mile away from existing homes. “It did not seem to be a coincidence that Kahle refused to identify these alternative sites, as they were most likely near existing homes in the community in Sections 1-11, and these members would be outraged that Birckhead et al were recommending a site next to their home as a replacement location for [RIBs], when alternative land was available and already owned by Aqua,” Hearn added.

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From Page 55 stricted to Captain’s Cove residents only. In her post Birckhead said that the plaintiffs “didn’t expect ... the judge to remove our claim that Captain’s Corridor is a private road. “The developer, CCG Note LLC, has never deeded us the roads, and common areas in sections 14-18, and that includes the small part of Captain’s Corridor from the campground (Cove Commons) to State Line Rd. The rest of the road from the campground (Cove Commons) to the front entrance is deeded as our private road,” she wrote. Actually the judge didn’t “remove the claim” that Captain’s Corridor is a private road. Indeed his ruling suggested that he presumes that the entire length of Captain’s Corridor is a private road. In a key decision, he said that the owners of the road to the east and west of the center line of Captain’s Corridor can’t deny the other the right to use their side of the road. He seemed to be suggesting that Captain’s Corridor is a privately owned road that must be open to the public, implicitly rejecting the plaintiffs’ argument that private ownership gives Captain’s Cove Golf and Yacht Club the right to restrict public access and use. He didn’t weigh into the debate over the ownership issue in his decision.

But nor did he push back on the argument put forth by CCG Note attorney Mark Baumgartner that ownership of Captain’s Corridor west of the center line and adjoining the Hastings/Mariner parcel is vested in CCG Note as the successor to the Hastings/Martiner family. CCG Note sold the property to another investment group in early October. Ownership of Captain’s Corridor east of the center line and adjacent to the planned townhome project is somewhat murky, as there appears to be no record of a deed transfer or turn-over agreement conveying common areas in Section 14 to CCGYC by CCG Note or predecessor developers. That would be expected, as Sections 14 through 18 have not been developed and common areas normally are conveyed after development occurs. But if that’s the case, then an argument could be made that the easterly side of Captain’s Corridor that adjoins Section 4 is developer owned. According to CCGYC Director Tim Hearn, original developer/declarant Cal Burns decades ago granted an easement or right of way for Cove residents to traverse all the streets in Captain’s Cove, including Captain’s Corridor, regardless of ownership status. The exception to that may be in the vicinity of Cove Commons, the former campground, where a source told the Cove Currents that the county tax parcel map shows the campground is owned by CCGYC, “so at some point, at least a fraction of Section 14 was deeded to the association.”

Meanwhile, the statement by Birckhead seems to suggest that she believes the apparent lack of a transfer of the portion of Captain’s Corridor at issue is the result of a nefarious motive by the developer, connected to the townhome project. “Evidently, this has been CCG Note’s plan and reason for not developing 14-18. Again, it shows their self-dealing activities and no fiduciary duty to the members of the Association. “What’s left now? To stop them from using our HOA dues to build roads and continuing to breach their fiduciary duties! The only other choice is to allow them to continue. You want to pay for the construction of the roads? Your thoughts?” Under the Declaration, or restrictive covenants that govern the Cove, CCGYC is obligated to maintain and improve the roads in Captain’s Cove. What this means is subject to debate. Board members have said that this means that CCGYC is responsible for building out the roads in the community where none exist or where only a bare outline where a road could be built is visible. Birckhead and her allies obviously disagree, contending that roads build-out should be the developer’s responsibility. . A source close to CCG Note says the lack of development in Sections 14 through 18 is market driven, that there is no need to develop those sections at the present time because there are plenty of unimproved lots in Sections 1 through 13 that can be sold and improved with a new home. Development of Section 14 seems years away.

CAPTAIN’S COVE CURRENTS

Wolff declares progress on cell service, broadband and 24-7 EMT coverage

By TOM STAUSS Publisher n a meeting that included an in-depth look at various mosquito populations that inhabit Captain’s Cove, Board of Supervisors member Ron Wolff used his Oct. 16 constituents meeting held in the Marina Club banquet room to deliver contrasting good news on a number of fronts that impact the quality of life of community residents. Cellular service in Captain’s Cove can be spotty at times, and Wolff told the assembled constituents and on on-line viewers that he recently received an email that suggests that Verizon and Aqua Virginia have reached conceptual agreement to put a new cell tower atop Aqua’s Captain’s Cove water tower. “It’s still early, but everyone is on board,” Captain’s Cove Senior General Manager Colby Phillips said. Wolff said that if the agreement proceeds as he hopes and expects, “that would solve the problem” of dropped calls and spotty coverage that afflicts cell service in the community.

There’s also good news on the broadband highspeed Internet front. “The last email I received says that they’re 98-99 percent complete,” he said, referring to the Eastern Shore of Virginia Broadband Authority’s ongoing efforts to install fiber optic cable throughout Captain’s Corridor. Noting that the ESVBA began work in Captain’s Cove about two years ago, “by the end of the year everyone [in Captain’s Cove] should have high speed Internet available.” ESVBA is the public authority created jointly by Accomack and Northampton’s counties to construct a fiber optic “backbone” from the Bay Bridge tunnel to the Maryland line. Captain’s Cove with its relatively dense population has been the priority focus of ESVBA with the help of federal and state government funding. ESVBA was the first company to begin laying fiber optic cable in Captain’s Cove. Charter Communications with its Spectrum service is ESVBA’s main competition, but there’s been a virtual blackout of news with respect to

November 2023 Ocean Pines PROGRESS 57 that company’s efforts to lay fiber optic cable in Captain’s Cove. Phillips told the Cove Currents recently that she understands the company continues to lay cable in Captain’s Cove and has offered service to some areas. Charter is a full-service cable and Internet company while ESVBA is Internet only. Phillips emailed a Ron Wolff contact person she has with Charter Communications but did not receive an update on that company’s progress laying cable in Captain’s Cove in time for inclusion in this edition of the Cove Currents. The difference between full service and IOnternet-only is somewhat blurry, as with the advent of smart TVs and numerous streaming services Internet-only programming options are virtually identical to those on traditional cable. Regional sports channels are not readily available for streaming without a cable subscription, but there are work-arounds for those who are tech-savvy. In response to a question from a resident, Wolff said that 24-7 emergency medical services u

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CAPTAIN’S COVE CURRENTS Ron Wolff

From Page 57 from the Greenbackville Fire Department is awaiting the completion of a training class for new recruits, which he expects “in a week to two weeks.” Once it becomes clear how many class participants passed the course, Wolff said it will be possible to know how many of them will be able to added to GBVFD. Wolff voiced optimism about the success rate of the participants, noting that an earlier class did not produce as many EMTs as had been hoped, setting back plans for 24-7 service in Greenbackville. Currently, ten out of 30 days is staffed 24-7, with Wolff indicating that he hopes that GBVFD will be staffed around the clock all month with EMS services, or very close to that. In another matter related to the GBVFD, Wolff said that the county’s 911 Commission is considering a proposal to expand GBVFD’s response territory to include the nearby Trail’s End community. Wolff said that an expanded territory should increase GBVFD’s call volume, which in turn improves the case for 24-7 coverage. He also noted a recent move toward consolidation of local fire departments in Accomack County as operating costs increase. While at one time no fire department wanted to lose its autonomy and territory, Wolff said that the fire companies in Tasley, Parksley and Bloxum are talking about joining forces, especially in the area of EMT services when paid paramedics Wolff introduced a friend of his, Ellen Stromdahl, who gave a detailed presentation on the variety of ticks that inhabit the area, some more dangerous to the health of residents and others. Phillips recently sent out an eblast inviting anyone interested in the slides from Stromdahl’s presentation to request them.

CAPTAIN’S COVE CURRENTS

Three Cove employees have trespassing charges nolle prossed by court

November 2023 Ocean Pines PROGRESS 59

Costello calls charges ‘wrong, ridiculous’ and without any corroborating evidence By TOM STAUSS attorney during the hearing. Publisher Costello, one of the defendants in rrest warrants issued by the the case, in recent comments to the Accomack County Sheriff’s Office on July 24 for Director of Operations John Costello, General Manager Justin Wilder and Golf Manager Cole Scott have been nolle prossed by the Accomack County District Court and the complainant, Elizabeth Peters, with the option to refile within a year. After some back-and-forth discussion with District Court Judge Patrick Robbins in an Oct. 2 court hearing, Peters said that she was not going to pursue charges against the three employees at that time. The technical term for what the Court did was to nolle prosse the charges, which means she can refile them. Most definitions of the term nolle prosse includes language that it means that charges are effectively dismissed. Peters on Aug. 8 had a sent a letter to the court stating that she did not have the witnesses needed to make her case, saying that she would either ask for a continuance until Thanksgiving or dismiss the case outright. The judge read the letter during the court hearing. After discussion with the judge, she opted for the nolle prosse over outright dismissal, which in theory means the case is still pending unless and until the one-year deadline for refiling charges expires. To proceed, however, she would need to secure the necessary supporting witnesses or other evidence to back her version of events. Her letter suggests that may be easier said than done. Judge Robbins told the lawyer for the defendants that under Virginia law the case can’t technically be dismissed until the one-year term is up. Virginia is unusual in that any citizen may bring any criminal charges against another citizen without needing to persuade a state’s attorney that the charges are justified. Peters was not represented by an

Cove Currents said it was “wrong, and ridiculous that someone can u

John Costello

60 Ocean Pines PROGRESS November 2023 Trespass charges From Page 59 just drag someone into court without any evidence.” He said that Peters “swung for the fences [with her charges] and whiffed miserably.” He said he expects the charges to be finally dropped in a year.

The three Cove employees were served with the warrants on the evening of July 24, following the complaint filed by Peters that “the accused were part of a group who came to my house to harass and threaten workers installing my fence.” An informed source told the Currents that the complaint seemed perplexing to those who know the

CAPTAIN’S COVE CURRENTS three employees. “None of them (Costello, Wilder or Scott) has been to her house,” the source said. “In fact, the only time anyone was (at her house) was when she called 911 for a worker” who had been struck by a golf ball on her arm “and one of our security guards showed up, which is normal protocol.” The incident occurred on or about July 10, according to the arrest warrants, meaning that almost two weeks went by after the incident before the complaint was filed. The three initially were scheduled to be appear in Accomack County District Court on Aug. 2. However, that appearance was subsequently waived, according to court documents. Instead, a trial on the merits was scheduled for Oct. 2 at 11 a.m. in District Court, with Peters obviously unprepared to pursue the charges or to prove them. The three employees were accused of “unlawfully, in violation of Section 1-200. Code of Virginia, without authority, [did] enter upon the land or premises of Elizabeth Peters under such circumstances or

in such a manner as to constitute a breach of the peace of to threaten a breach of the peace.” The charge is a misdemeanor. In an email shortly after the incident, CCGYC Director Tim Hearn said when he first learned that a golf ball had hit a contractor’s employee at the home of the Peters, he concluded that at most it would result in a workman’s comp claim by the contractor’s employee against the contractor’s insurer. As worker’s comp is a no-fault type of claim, that is most beneficial to the employee who has been injured while working, Hearn said. He was very surprised to learn that was an incident involving charges of illegal trespass and a pending court hearing. The situation has escalated to where the three employees retained legal counsel. CCGYC Director and Vice-president Mark Majerus said the association will reimburse the three employees for their counsel of choice. Wilder said he would decline any comment since Peters can refile charges within the one-year statutory deadline for a nolle prosse.

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CAPTAIN’S COVE CURRENTS CAPTAIN’S COVE NOTES

Phillips. Giddings pursue better road pricing

he Roads Work Group met Oct. 26 to hear an update from Senior General Manager Colby Phillips on plans to complete surfacing of priority Tier One and Two roads in Captain’s Cove. She mentioned that she and Director of Roads and Maintenance Jimmy Giddings had been searching for better quotes for resurfacing Davy Jones Boulevard, Smugglers Way, Skuttle Court, and Port Court with tar and chip. At the Aug. 17 meeting of the work group, bids were reported at $93,600 and $122,700. Phillips told the group that she and Giddings had been able to locate a vendor who was $30,000 less expensive than the previous low bid, and that she would be presenting road quotes to the Board after the new year for work to be done in the spring. Consultant Chris McCabe told the group that the U.S. Army Corps of Engineers is getting “real close” to completing the jurisdictional determination for Sections 1, 7 and 10, indicating which areas are regulated for non-tidal wetlands under federal statutes. Once this determination is complete, it will be possible to better plan for road surfacing in these three sections. During the meeting, a question was posed about the possibility of adding better signage in Captain’s Cove, especially at the east entrance and better directional signage throughout. Phillips said a signs projects was on the capital expenditures list, and was a “passionate project” of General Manager Justin Wilder’s but is not currently on a list of approved projects. She said she had asked Wilder to take another looks at costs and his ideas on how to proceed, as it’s been two years since signage improvements were on the table for review. Seaview Street property owner Janet Farber asked about how soon she could build a new home on her street that is currently unpaved, noting that some homes have been built on that street. About two years ago, the county revoked a building permit that had been issued for another home on Seaview Street, citing the absence of a paved road. Phillips said that Wilder had emailed Leander Pambid, the new deputy county administrator for community and economic development, for a status update on building permits for Seaview and other unpaved streets in the Cove. Wilder’s asked Pambid whether the restriction on building permits for homes on unpaved streets was still in force, and whether it was limited to Seaview. If not, he asked Pambid to provide exact standards for improving a new road that would then allow a building permit to be issued. The meeting ended with a discussion of starting a beautification working group. Phillips said it was in the works for after the new year.

architecture or contracting/construction background. Applicants should submit a resume of professional experience in the email to Majerus. Familiarity with Cove deed restrictions and architectural guidelines, or a willingness to become familiar in a very short time, is another requirement, along with the willingness to volunteer for six to 12 hours per week on permitting issues. Year-round residents are preferred since on-site visits may be required on occasion.

Farmer’s Market work group seeking input

The Farmer’s Market work group is asking members to fill out a survey to help the group determine what kind of market residents to support. The link to participate is https://www.surveymonkey/r/covemarket. Among the questions posed is how often residents attend a farmers/artisan market, what items they would be most interesting in purchasing, how often they might visit a market in Captain’s Cove, what days would best fit residents’ schedules, and what hours would be most convenient. The survey also asks for recommendations on specific vendors.

More than $1,000 raised for support group

The Breast Cancer Walk and raffle of a handmade blanket in Captain’s Cove Oct. 24 raised $1,005 for the Wicomico County branch of Women Supporting Women. The campaign for donations is continuing through Tuesday, Oct. 31, after which a grand total will be announced.

Annual meeting set Nov. 18

The annual meeting of Captain’s Cove Golf and Yacht Club is scheduled for Saturday, Nov. 18, at the Chincoteague Volunteer Fire Department fire station at 5052 Deep Hole in Chincoteague. The results of the 2023-24 Board of Directors election will be announced at that time. Based on the number of votes cast, it may be possible to determine whether declarant/developer CCG Note cast ballots for candidates this year. The Operating Committee elected not to recommend candidates this year, and CCGYC Director Tim Hearn said it’s possible the developer won’t participate in this election by casting ballots, as it is entitled to do as a Class B property owner.

CCGYC seeking ECC volunteers

Captain’s Cove is asking that anyone interested in serving on the Environmental Control Committee to contact Director Mark Majerus at majerusccyg@gmail. Requirements include signing a non-disclosure agreement and the ability to read blueprints. There’s a preference for those with an engineering,

Scenes from the Oct. 14 Breast Cancer Walk fundriasier.

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