October 2023 Ocean Pines Progress

Farr lays out aims for coming year

Having ascended from the lowly ranks of a “rejected” candidate for the Board of Directors in 2021 to the presidency of the Ocean Pines Association in 2023, Rick Farr doesn’t intend to occupy his new role for the glory of it.

He’s already laid out an ambitious agenda for the coming year, and he’ll probably have a solid majority of directors behind him as they work through a to-do list.

The two projects that top that list are new golf course irrigation and a new Southside firehouse.

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New Board room plans surface

An unnamed Ocean Pines Association source, who seems like he could be General Manager John Viola, and OPA President Rick Farr are floating different approaches to creating a dedicated Board of Directors meeting room sometime in the future.

The different approaches are not mutually exclusive, and one could easily transition into the other.

~ Page 22

Ocean Pines ............... Pages 1-33

OPA Finances ......... Pages 37, 39

Opinion .................... Pages 40-41

Profile ........................ Pages 35-36

Captain’s Cove ......... Pages 44-55

Ehrisman’s exit from OPPD tied to missing guns, ammo

Investigation that began with storage shed break-in continued with audit of equipment room and allegations of mishandling of firearms

By TOM STAUSS Publisher

Arecent podcast by Ocean Pines Residents Oversight Community founders Sherrie Clifford and Amy Peck with former Ocean Pines Police Department Sgt. Chris Tarr has shed new light on the circumstances involved in the six-month paid suspension of former Ocean Pines Chief of Police Leo Ehrisman and his retirement in early June.

The podcast has also ignited a firestorm of criticism by members of the Worcester County Sheriff’s Department and Ocean Pines Association President Rick Farr. They suggested that Tarr’s podcast contained inaccuracies, omissions and was a one-sided and self-serving description of events.

Regarding a Tarr allegation that Farr had posted a message on social media that Ehrisman was going to be fired, and that the OPA Board of Directors had involved itself in the investigation, Farr unambiguously called

out the assertion

“That’s a crock,” he said. “I never made such a post, and we (the Board) don’t get involved in personnel matters.”

The podcast interview may also have triggered a new, separate investigation into Tarr by the Office of the State Prosecutor, an independent state investigatory agency that looks into allegations of misconduct by public officials, including those associated with police departments in the state.

That disclosure was made by Worcester County Deputy Sheriff Nate Passwaters in a recent Progress interview. Joining in that interview was Lt. Brian Car-

Tim Robinson takes the reins of Ocean Pines Police Department ~ Page 35

Former Chief of Police Leo Ehrisman

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damone, who was the sheriff’s supervising officer in Ocean Pines following Ehrisman’s suspension.

Passwaters said that details of a state prosecution office probe would have to come from that office, not from him, and he said as a rule the department won’t comment on the status of active investigations. He also said he and Cardamone needed to be careful on advice of counsel.

But he did not dispute speculation that the new investigatory phase could include the possibility that confidential material had been publicly revealed during the podcast contrary to non-disclosure rules typical of police departments. He said that details of the podcast could become problematic in Tarr’s next employment in policing. Tarr reportedly has obtained a new job in Utah.

A dive into the contents of the controversial podcast contains some basic facts that previously had been undisclosed by either the sheriff’s department or the OPA. The podcast reveals some of the circumstances that led up to Ehrisman’s placement on administrative leave on Dec. 31 last year, but perhaps more compellingly what happened after that.

New information includes the revelation that an audit of the property room by the sheriff department uncovered two missing firearms, an

assault rifle and a more conventional rifle, and some 400 rounds of ammunition missing as well.

The podcast reveals details of who had removed the missing guns, Ehrisman’s apparent role in acquiescing in their removal, and their subsequent recovery.

The saga first surfaced publicly in a press release issued by the OPA in early January about the suspension of Ehrisman.

The press release disclosed that there had been a break-in at a seldom-used OPPD equipment shed, with no explanation offered on what sort of connection, if any, Ehrisman had to the break-in. The break-in occurred on Dec. 17, with OPA General Manager John Viola learning of it on Dec. 31. Ehrisman’s official administrative leave began the following day.

According to Tarr, whose last day with the OPPD coincided with his ROC interview, Ehrisman actually had been out on sick leave since the previous October. After his status changed from sick leave to administrative leave, officers arrived at Ehrisman’s home to collect his gun, identification and badge.

There never was an allegation that Ehrisman himself had been involved in the break-in or was responsible for any missing items. But nor was there any real explanation given for why he was placed on administrative leave by Viola.

Although no one is commenting on details of

an internal investigation, his prolonged absence from the job prior to the break-in appears to have been a contributing factor in Viola’s decision, as that absence meant that there was a management void at the top of the department at the same time an in-house investigation on the shed break-in was considered essential.

The Progress has also learned that Ehrisman never initiated an investigation into the break-in. That lack of action might also have been a factor in Viola’s Ehrisman decision.

According to Tarr, an unnamed source called the state prosecutor’s office in Towson to inform the agency that a break-in had occurred and no investigation had been launched. Tarr said he asked his colleagues when the investigation would begin and was told it would when Ehrisman returned to work.

That never happened.

At the same time that Ehrisman’s suspension was announced, Viola disclosed that the Worcester County Sheriff’s Department had been asked to launch an investigation into the break-in at the storage shed.

“After consultation with partners at the Worcester County Sheriff’s Office and the Office of the State’s Attorney, OPA has taken steps to ensure that a thorough and independent investigation is conducted, and that police services to residents of

OPPD investigation

From Page 1

Ocean Pines remain uninterrupted,” the OPA press release said.

Worcester County Sheriff Matt Crisafulli disclosed to the Progress that Cardamone had been dispatched to “provide oversight and assistance” to the Ocean Pines department as the investigation unfolded.

The OPA press release said that

“a commander from the Worcester County Sheriff’s Office will provide on-site leadership to the Ocean Pines Police Department and will oversee a complete audit and inventory of the contents of the storage shed and the property room. OPA has been working with the Sheriff’s Office to implement these changes ... and has pledged to cooperate fully with the investigation.”

That statement seemed to sug-

gest that actual day-to-day control of the department had been ceded to the sheriff, but Viola in early January said that “the two lieutenants” were jointly overseeing the department. Cardamone was directly overseeing the investigation into the alleged robbery while Lt. Shakhar Toppin continued to oversee the daily activities of officers within the department, Viola said.

Toppin has since left the OPPD,

one of several departures that occurred in a department that appears to have been riddled with factional infighting during the period when Ehrisman was on leave. Some officers in the department seem to have been “pro-Leo” while others were no longer supporting him. Those in the “pro-Leo” camp have been among those who have departed. There may have been some departures by those who didn’t take sides.

Cardamone acknowledged divisions within the department during his on-site tenure but said that such divisions are not uncommon in police departments.

He said the department’s new police chief, Tim Robinson, has a great reputation in the area and will be able to heal any lingering wounds from the investigation.

The recent departures have left the department under-staffed, perhaps the greatest challenge facing Robinson, who arrived on the scene Aug. 1.

As of Sept. 20, of the budgeted 16 officers, the OPPD employed seven, leaving nine vacancies, with a new officer coming soon from the police academy, according to OPA Marketing and Public Relations Director Josh Davis.

In the podcast, Tarr had said there were 11 vacancies, so he was off by two.

Police protection in Ocean Pines hasn’t been compromised even with the staff shortage, according to Passwaters and Cardamone.

The sheriff’s department continues to assist the OPPD with patrols in Ocean Pines, especially in the evening hours, they said.

As for the chain of command back in January, Viola said that both Cardamone and Koppin reported to him, which technically kept control of the OPPD in the hands of the OPA.

As a practical matter, defacto control probably resided more with Cardamone and even Sheriff Crisafulli during the interregnum.

But the investigation of the shed break-in unequivocally was being handled by the sheriff’s department in consultation with State’s Attorney Kris Heiser’s office, with the Office of the State Prosecutor conducting a separate probe.

No details of the storage shed or property room audit have officially been released, but the Tarr podcast revealed some basic facts that Passwaters and Cardamone indirectly confirmed, even as they more broad-

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OPPD investigation

From Page 4 ly were condemning the accuracy of the podcast and Tarr’s decision to be interviewed by the ROC founders. The state prosecutor’s involvement in the investigation was mentioned by Tarr in the podcast, and he said that he and Ehrisman were the targets of the investigation for alleged mishandling of firearms that had been placed with the OPPD by an Ocean Pines resident for safekeeping.

The investigations remain open, according to Passwaters, contrary to a statement by Tarr, who, quoting Ehrisman, suggested in the podcast that the former chief had effectively been cleared with no charges filed against him.

Tarr wasn’t conducting either of the two investigations, and wouldn’t know whether they are open or closed, Passwaters said, noting that both Tarr and Ehrisman had been represented by counsel supplied by the state Fraternal Order of Police (FOP) when interviewed.

According to Tarr, the break-in at the storage shed was discovered on

the evening of Dec. 17. He described the shed as a non-attached building about 300 feet behind the police station, with Lt. Greg Schoepf “the only one with a key” to it.

Tarr said he had been given a brief glimpse into the shed by Schoepf.

“All I could see were spiders and snakes,” with nothing of significance visible, he said.

As for the break-in, Tarr said that “all I know is that some kids broke in,” recalling that the dispatcher on duty at the time called Ehrisman at home with the report. Tarr said that the former chief ordered officers to “bring everything into cell number two” for temporary storage and that the shed itself needed to be secured.

That apparently happened without incident.

Two weeks later, Ehrisman was placed on administrative leave, and the audit of the property room occurred soon after. That audit revealed two missing firearms, out of four that had brought into the property room sometime the prior year.

The initial podcast contained information from Tarr that the firearms had been given to Ehrisman

for safekeeping by a close friend, the caregiver for Ehrisman’s disabled daughter. An edited version said the guns had been turned over to Ehrisman by an Ocean Pines resident.

According to Tarr, the locations of the missing firearms were soon identified.

Tarr said he had one of the rifles at his home, and the other one was in the possession of former OPPD Officer Kyle Dalton. Tarr said Ehrisman had given them permission to remove the firearms from the property room, with Dalton taking the assault rifle on occasion to a local shooting range.

“Officer Dalton had the assault rifle at his home,” Tarr said, “with no record of it” having been removed from the property room. “At this time, Dalton was no longer working with the OPA.”

Tarr said then when he was asked by the sheriff department’s investigator, Sgt. Rob Price, about the location of the missing guns, he told him. Both missing guns were recovered without incident, Tarr said.

According to Tarr, Price initially seemed appreciative of Tarr’s ap-

parent cooperation, but later became “accusatory,” asserting that Tarr had been “dishonest” in his description of how the guns came to be missing from the property room.

“I’ve known him (Price) for 20 years,” Tarr said, adding that Price had worked with Tarr’s father in the Accomack County, Va., sheriff’s department.

“It hurt me that he was accusatory, that he felt that I had been dishonest,” Tarr said, later saying that Price seemed to be believe that Tarr had been asked “to cover up for Leo” in the handling of the firearms.

As the investigation continued, Tarr said he was suspended with pay for two weeks, which turned into two months.

The reason for his suspension, Tarr said, was for alleged mishandling of a citizen’s firearms and for talking to colleagues about the status of the investigations. He said the real reason might have been his close ties to Ehrisman.

After he came back from the suspension, Tarr said he sent an angry email to Cardamone, which led to an allegation that he had been “disre-

To Page 9

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spectful” to a supervisor.

Cardamone “never was my supervisor,” Tarr added, and he said he had never been told he couldn’t discuss certain matters with his co-workers.

Tarr suggested that it was continued support and loyalty toward Ehrisman that contributed to his two-month suspension.

“It was an awful experience” he said of his suspension and the rift it exposed with his colleagues with whom he had worked for many years.

He said he was particularly hurt because both Koppin and Cardamone said they supported his (Tarr’s) suspension.

He later said he had the utmost respect for Koppin, without any such comment about Cardamone.

As for the investigation of Ehrisman, Tarr said it was his understanding that the former chief “was not interrogated until April of 2023,” and that Ehrisman believes “they will close the case” without charges.

“The biggest thing that he did was not knowing what was in the shed,” Tarr said, but that statement does not comport with comments to the Progress by Cardamone and Passwaters.

They seemed to suggest that it was the alleged mishandling of firearms that was the more egregious offense.

Passwaters said that a recent podcast by Ocean Pines resident Kelly Miller, a frequent social media critic of the ROC site and its founders, accurately describes the actions that got Ehrisman and Tarr in hot water.

Miller, a former police officer, operates a Facebook Page called Ocean Pines Oversight of the ROC.

“Had this former cop (Tarr) not resigned, he would have been fired in the department I worked for. We were an organization of over 1,200 officers that protected the badge, the image and the reputation of our department and would have never gone public with perceived issues in our ranks.

“First of all, when you have recovered property, it’s logged and it’s sent to the property room, not the

trunk of your f___ car. Even the ammunition, it goes to the property room and eventually, it’s destroyed, not used for target practice. Wrong on every level,” he wrote.

Tarr also put a target on his back with comments about the OPA Board of Directors alleged involvement in the Ehrisman matter.

“I’m hearing that the Board wanted to get rid of Leo, (with Director Rick Farr) texting that Leo is going to get arrested,” Tarr said.

Farr wasn’t happy.

“That’s a crock,” he said. “We

Kiwanians of the year

At the Sept. 20 installation luncheon of the Kiwanis Club of Greater Ocean Pines-Ocean City, two members received the “Kiwanian of the Year” award. They chaired the Concessions Committee for all the events where their “Dawg Team” cooked hotdogs, hamburgers and served snacks and drinks. Pictured left to right with their plaques are Ed Ahlquist and Kitty Wrench with Kiwanis Club President Bob Wolfing.

don’t get involved in operations,” adding that “our police department is pissed off” at Clifford and Peck for airing the podcast.

Slamming it for “no fact checking,” Farr also said the podcast “pissed off a lot of people in the sheriff’s department.”

The ROC site said that it would be airing another podcast from someone who would corroborate Tarr’s version of events.

That podcast had not aired before the October edition of the Progress went to press.

Rick Farr: From ‘rejected’ OPA Board candidate to OPA president

Full vindication required a six-month legal ordeal

By TOM STAUSS Publisher

In early August of 2021, Ocean Pines Association member Richard K. “Rick” Farr was well on his way to winning a seat on the Board of Directors, or so he thought. His Board candidacy, announced the previous April, had been well received. It was just a matter of time before the vote results in that year’s Board election would be announced and certified at the annual meeting of the association the second Saturday of the month.

Or so he thought.

Is it turned out, Farr was indeed the top vote getter that year, capturing 1,629 votes.

But no count occurred before the annual meeting and no vote totals were presented for certification.

The explanation for why is one of the more tortured episodes in the history of the OPA.

It’s also a tale of tenacity and perseverance, a road to redemption for Farr culminating in his unanimous election to the Board presidency on Sept. 9 of this year.

For five months, from early August 2021 through early January of 2022, the 2021 OPA election was effectively on hold.

It took two judges, one from Worcester County, Beau Oglesby, and another from Talbott County, Sidney Campen, to sort it all out.

Roughly two weeks prior to the normal vote count process, then OPA Secretary Camilla Rogers, tipped off by unnamed “little birdie” in a later description of Judge Campen, decided that Farr was ineligible to run as a candidate. That decision was effectively ratified by the Board at the time, with all directors deferring to Rogers’s judgment, prompting a lawsuit against the OPA and certain directors by Farr.

Rogers, with the apparent acquiescence of then OPA attorney Jeremy Tucker, declared that Farr couldn’t run for the Board because he was not listed in land records as an owner of record of the Ocean Pines home in which he resided. The home on January of 2021, the governing date for determining candidate eligibility, was owned by a family trust, of which Farr and his sister were co-trustees.

Farr’s attorney, Bruce Bright of the Ocean City law firm Ayres, Gordy, Jenkins, scored two quick procedural victories in the suit, presaging the eventual outcome.

Judge Oglesby issued a temporary restraining order on Aug. 10 delaying the vote count, and extended it on Aug. 19 until a scheduled hearing on Aug 30, when the court was expected to rule on Bright’s motion to convert the preliminary restraining order into a preliminary injunction that would have had the effect of continuing to put the counting of ballots on hold.

With Judge Oglesby no longer involved in the case, Judge Campendelivered procedural wins for both sides at the Aug. 30 hearing.

He rejected a motion by OPA’s attorney, Anthony D. Dwyer, to dismiss the case and render a judgment in favor of the Board of Directors.

But he also rejected the plaintiff’s motion to issue a preliminary injunction, which had the effect of allowing a vote count to proceed, with a strong suggestion that the Board of Directors “do the right thing for the community” and count the votes

OPA President Rick Farr and Vice President Stuart Lakernick

of all four candidates in the contest, including those of Farr.

Judge Campen initially set Sept. 27 as the date for a full trial on the merits, but he encouraged attorneys for both Farr and the OPA to work out an agreement that might eliminate the need for it.

That agreement never happened, but the Board did authorize the Elections Committee to proceed with a vote count, including ballots cast for Farr. The committee counted ballots and announced totals during an open meeting at the Golf Clubhouse meeting room Oct. 20.

Farr led the pack with his 1,629 ballots, followed by incumbent Director Frank Daly with 1,571 votes, Stuart Lakernick with 1,511 votes; and David Hardy with 941. Farr and Daly filled the two seats that were being contested.

Daly subsequently resigned from the Board before the completion of his term, and Lakernick, running again for the Board in the summer of last year, found himself in the winner’s circle.

Despite his commanding lead, Farr was not seated after the Oct. 20 vote count, with the Board awaiting the outcome of a rescheduled Nov. 15 hearing before Judge Campen. While there were hints during that hearing that Judge Campen favored many of the arguments advanced by Bruce Bright, no decision on the merits of Farr’s candidacy was announced at that time.

A little more than a month and a half later, full vindication for Farr occurred.

Late in the afternoon of Jan. 5 Judge Campen issued a decision in the Richard D. Farr vs. Ocean Pines Association candidate eligibility case declaring that Farr won the 2021 Board of Directors election and should be immediately seated on the board.

He ruled that Farr and incumbent candidate Frank Daly “shall” be installed on the board in a special meeting or at the next regular meeting of the board for three-year terms backdated to Aug. 15 of 2021.

Judge Campen ruled that Farr, as an equitable owner of property in Ocean Pines, “at all relevant times was qualified as a candidate for election” and that the “Board of Directors ... acted improperly, mistakenly, and without good faith, in contravention of the By-laws, the Charter, and Declarations, by attempting to invalidate” his candidacy.

These attempts occurred after his

candidacy had been initially certified by Rogers and he had been permitted “to be included on all distributed ballots, and after many votes had already been cast and received by the Ocean Pines Association,” the judge said.

In his ruling, he ordered that the Elections Committee count all votes cast for Farr and other candidates and that the “OPA board shall by appropriate means disseminate and publish the results of the 2021 Election for Board of Directors.”

The 33-page decision by Judge Campen effectively dismantled all arguments made by Dwyer, the lawyer for the OPA’s insurance company, on behalf of the board majority. He affirmed the arguments made on Farr’s behalf by his Ocean City lawyer, Bruce Bright.

Farr was officially certified and seated on the Board in a special meeting Jan. 12 of 2022.

While officially a director, Farr found himself a part of a Board mi-

nority faction for the remainder of the 2021-22 Board term.

That “minority” role reversed after the 2022 Board election, with Farr a part of new functional majority comprised of directors Doug Parks, Lakernick and Monica Rakowski.

Farr served as OPA vice president in 2022-23, with the unwritten role of heir apparent to Parks, who served as president during that Board term.

The lesson in all of this for Farr?

“You never give up for what you believe in,” he said in an Progress interview after his election as president. “There were people who said give up, but I felt I had to do what was legal and what I thought was right.”

That five-month ordeal had a price tag, out of pocket legal expenses of $37,000.

He didn’t launch a Go Fund Me page or receive any other financial support for his solo effort.

“I didn’t ask for anything back (from the OPA),” he added. “No regrets. I’d do it again the same way.”

Donation

The Republican Women of Worcester County visited several of the county libraries in September to present donations to be used to purchase books from The Mamie Eisenhower Library Project list. A donation was made to each of the county’s five libraries. Pictured from left to right are Jennie Allen, RWWC member; Sandy Zitzer, President RWWC; Alice Paterra Branch Manager Berlin Branch, and Susan Ostrowski Literacy Chair.

Household Hazardous Waste Collection

Saturday, October 28, 202

• Scanners • Cables

Misc. Computer Parts • VCR’s • CD Player’s

Calculators • Cell Phones • Radios • Stereos

CB Radios • Fax Machines • Misc. items

ELECTRONICS WILL NOT BE ACCEPTED

For more information on this event, Please call Bob Keenan, Recycling Manager 410-632-3177 Ext. 2405 or email at bkeenan@co.worcester.md.us

No Materials will be accepted from Business, Industrial or Commercial Sources.

Farr looks forward to productive year as the OPA’s new president

Golf course irrigation, Southside firehouse, Matt Ortt extension are among his top priorities

By TOM STAUSS Publisher

Having ascended from the lowly ranks of a “rejected” candidate for the Board of Directors in 2021 to the presidency of the Ocean Pines Association in 2023, Rick Farr doesn’t intend to occupy his new role for the glory of it.

He’s already laid out an ambitious agenda for the coming year, and he’ll probably have a solid majority of directors behind him as they work through a to-do list.

The two projects that top that list are new golf course irrigation and a new Southside firehouse, which also happen to be the top priorities of General Manager John Viola as he prepares a budget for the fiscal year that begins May 1 of next year.

There’s been an assumption that a new Southside firehouse will require a referendum of prop-

erty owners for approval, but Farr said that’s not necessarily the case. He said the project could be split into two distinct phases, funded over two fiscal years, with each phase under the threshold required for a referendum.

“This is a project for the public safety of OPA owners, and I suspect it will have the overwhelming support of OPA members once details are laid out,” he said. He said that OPA attorney Bruce Bright will be asked to render a judgment on whether it can be split into phases and funded over two years.

“We’ll see,” he said. “If it can be, consistent with our governing documents, and if there isn’t pushback in the community for avoiding a referendum, then we might be able to avoid the cost of a referendum,” which he said might result in a savings of $15,000 to $20,000.

Farr also said he expects an early accomplishment of the new Board term will be a five-year extension of the Matt Ortt Companies contract to manage OPA food and beverage venues.

“We have a million dollars worth of weddings already booked through 2026,” he said in explanation of the long-term extension. “Matt and his team have done an absolutely incredible job for us.”

So a five-year extension seems like it’s a reward for turning once-losing venues into financial winners and also to secure a driver of that success, the OPA’s Yacht Club banquet business.

Farr said this component of the OPA’s food and beverage business model might be further improved by making better use of the Ocean Pines Beach Club’s second floor for beachfront weddings.

“It’s really not usable for that now because it has no elevator access, and you need one to have banquets up there,” he said. “There also are kitchen limitations.”

He said the Board may soon have a debate on whether to build a new Beach Club or renovate the existing facility, to make it more ADA-compliant and user-friendly for weddings.

“A new building would require all sorts of permits, expensive and time-consuming to obtain,” he said, “even if we keep the existing footprint.”

A renovation would also focus attention on the facility’s bathrooms, which have been improved

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Rick Farr

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during the Viola tenure, he added. Upstairs bathrooms in addition to elevator access would need to be part of any effort to make the Beach Club into a true wedding venue, he said.

“We’d like to do a walk-through of the facility with John (Viola) and Matt (Ortt) to get a feel of what could be done there,” Farr said.

When he ran as a candidate for the Board in 2021, Farr made beautification of Ocean Pines one of the key tenets of his campaign, and he’s not lost his ardor for that.

As president, he said he would be pushing for a continuation of the beautification campaign launched by Viola.

Citing the North Gate bridge improvements, which have converted an aging 1970s landmark into something more modern-looking, while retaining its iconic “charm,” Farr said he’d like to see landscaping there changing with the seasons “to make it inviting year-round.”

He’d also like to see more flowering trees at the Cathell Road and South Gate entrances to Ocean Pines.

Farr said he and OPA vice president Stuart Lakernick are looking forward to working with and meeting with Viola regularly, with the understanding that it’s not his or Lakernick’s role to involve themselves in operations.

“We can give him ideas, sure,” Farr said, “but execution has been his role and not ours, and we want to keep it that way.”

Farr said one of his objectives as president will be to keep interpersonal drama among the directors to a minimum.

“No drama would be my preference,” he said.

Commending former president Doug Parks for his ability to navigate through divisions on the Board, Farr said he wants “the Board to be run as transparently and professionally as possible, in the best interest of the membership.”

Another priority will be to improve the legal effort “to clean up neglected properties” in Ocean Pines, Farr said.

To that end, he said that the effort to enforce OPA covenants and guidelines in the courts will be turned over to new counsel Bruce Bright, who Farr said he expects will be more aggressive in using all of the tools in the enforcement tool-

box available to the OPA.

He said that the vexing issue of repeat offenders can be dealt with by going to court and asking a judge to find an offender in contempt of court should an issue decided in the OPA’s favor previously by the Court recur.

“We’ve had certain situations, like junk vehicles, festering for years,” he said. “It might require a more concerted effort by Bruce to pursue these repeat offenders in Court.”

Farr said he expects the Board to continue debating the issue of whether to seek changes in sectional restrictive covenants that would give the OPA power to levy fines on those who violate restrictive covenants or the guidelines that have been written to enforce them.

“We’ll see if there’s a way to enhance our ability to clean up these neglected properties through the use of fines,” he said. “We need to be able to hold property owners accountable for maintaining their properties -from trash cans left out in front to cluttered, unattractive yards. We’ll have Bruce (Bright) take a look at options.”

Some newer sections of Ocean Pines already have restrictive covenants that give the OPA the authority to levy fines, and possibly because of the deterrent value of this authority, there is no record of this power being used in these sections.

Older sections lack this authority, and previous Board have never been able to pull the trigger on proposals to conduct section-by-section votes on adding this authority to the covenants.

A more modest proposal to conduct section-by-section votes on adding authority to levy fines for violations of short-term rental regulations failed to muster majority support in the last Board term.

Whether it will be resurrected for discussion and action this coming year remains to be seen.

Another issue that Farr expects will be considered is a proposal from the Communications Advisory Committee for electronic digital signage at the North Gate, and possibly other locations.

“I don’t support it,” Farr said, adding that he’s aware that newly elected Director Elaine Brady is a proponent of some version of it.

“There will have to be more convincing (by proponents),” he said, acknowledging that there is a lot of staff time spent on manually updating the antiquated marquee signs throughout Ocean Pines.

SSPECIALS PECIALS Taylor’s Taylor’s

Board reorganizes for coming year, Farr elected president

Lakernick elected vice president, Rakowski continues as treasurer, Latham takes on role as secretary

By TOM STAUSS Publisher

Anew Board of Directors was organized

Sept. 9 with the election of Ocean Pines Association officers.

The organizational meeting also included voting on a meeting calendar for the coming year, with Saturdays continuing as the meeting day, usually the third Saturday of the month. Exceptions were September (fifth Saturday), October (fourth Saturday), and March of next year (fourth Saturday).

Doug Parks, whose term on the Board ran out in August, isn’t going away.

He has a new official role with the Ocean Pines Association, parliamentarian, elected unanimously by the Board.

Some years, the position has gone unfilled for lack of interest.

Parks during the Sept. 30 Board of Directors meeting was also appointed to the influential Budget and Finance Advisory Committee.

It’s been rumored that he is likely to become its chairman at some point. The current chair is Dick Keiling, who recently received a one-year extension until July of next year.

Also appointed to the budget and finance committee during the Sept. 30 meeting was Colette Horn, former OPA president and director.

All elected Board positions were voted unanimously, with only one individual nominated for each.

Some years, there have been more than one nominee for key positions, indicating factional divisions on the Board. There is likely to be little if any of that in the coming year.

As expected, Richard K. “Rick” Farr, vice president this past year, was elected president, nominated by Director Stuart Lakernick.

Lakernick was elected vice president, nominated by new Director Elaine Brady.

New Director John Latham was elected secretary, replacing Lakernick in that role. Latham was nominated by Monica Rakowski.

Rakowski will continue as OPA treasurer. She was nominated by Lakernick.

Although not technically required by OPA governing documents, election of officers was certified by OPA attorney Bruce Bright.

Appointed during the meeting was Linda Martin as assistant secretary, Steve Phillips as assistant treasurer, Bright as counsel, UHY, Salisbury

branch, as the OPA’s audit firm, and Parks as parliamentarian.

Saturday meetings dates approved for the coming year are Sept. 30, Oct. 28, Nov. 18, Dec. 16, Jan. 20, Feb. 17, March 23, April 20, May 18, June 15, and July 30.

There’s a town hall meeting on a yet to be determined topic on Sunday, Feb. 4.

The annual meeting is scheduled for the second Saturday of the month, Aug 10.

Also approved at the Sept. 9 organizational meeting were Board liaisons to the standing and advisory committees, as follows: Aquatics (Lakernick), Architectural Review (Brady), Budget and Finance (Rakowski), By-laws and Resolutions (Steve Jacobs), Communications (Brady), Elections (Latham), Environment and Natural Assets (Jeff Heavner), Golf (Jacobs), Marine Activities (Latham), Recreation and Parks (Heavner), Racquet Sports (Farr), and Strategic Planning (Lakernick).

Lakernick had been rejected as a member of the planning committee two years ago when Horn was OPA president.

The Search Committee currently has no members and no Board liaison.

Board meeting room ideas emerge,

Farr says improvements to Beach Club are a higher priority for him

By TOM STAUSS

Publisher

An unnamed Ocean Pines Association source who seems like he could be General Manager John Viola and OPA President Rick Farr are floating different approaches to creating a dedicated

Board of Directors meeting room sometime in the future.

The different approaches are not mutually exclusive, and one could easily transition into the other.

The unnamed source’s idea is for a permanent solution, while Farr’s idea is more temporary, or transi-

tional. Farr also is saying he places a higher priority on improvements to the Beach Club, which could include an elevator, second floor bathrooms and improvements to the kitchen to make the oceanfront amenity more suitable as a wedding venue.

The unnamed source, first quoted in a Sept. 29 commentary by Joe Reynolds on oceanpinesforum.com, suggested that a new Board room could be appended to the existing administration building, perhaps with a breezeway between them.

The unnamed source through an intermediary also leaked information to the Progress which coincides with the details in the Forum commentary.

Also provided was a rough sketch of the administration building with a new entrance.

Among the pertinent details for a permanent Board room:

From

• It would include seating for up to 150 chairs, not fixed seating. The addition’s size would be 1,000 square feet.

• There would be a raised dais for the Board and the general manager.

• Estimated cost would range from $450,000 to $650,000, including about $120,000 in fire suppression equipment mandated by the county.

• Because it would replace the

existing Board Room in the Administration Building, the proposed funding source would be the OPA’s replacement reserves.

• The unnamed source suggests that the construction of the replacement Board room could be bundled with construction of a new Southside firehouse in Fiscal Year 2025-26. Design work, however, could begin in the current fiscal year (2023-24).

The construction bundling is similar to the approach the OPA took to building the new Golf Clubhouse and the police department remodel-

ing projects.

• The addition would be for Board meetings only rather than by community groups.

• It would be equipped with modern audio/visual equipment for live streaming and recording.

Farr told the Progress in a Sept. 29 text that he thought the idea for a dedicated Board was a “good idea and something that can be planned out.”

He said he loved that unnamed sources were cited as the source for the leaked information, including a

410-208-0707

laughing emoji in his comment. He said he had “no idea” who the unnamed source might be, adding that there are a “lot of unnamed sources” in Ocean Pines. He included a laughing emoji in that comment as well, suggesting that he in fact has a good idea on who the unnamed source is.

Farr said that pending a permanent Board room, he proposes 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.

“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.”

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He also said that he thought the OPA and the Board needs to look at other areas “that need to be addressed first (before a permanent Board room), citing the Beach Club as for him a higher priority.

Improvements to the Beach Club that should be considered include an elevator to the second floor, a second floor bathroom or bathrooms, and improvements to the kitchen, Farr said.

“The Beach Club needs major work,” he said, which he said would make it much more user-friendly as a wedding venue.

As for the possibility of bundling the firehouse with the Board room as proposed by the unnamed source, Farr said the new firehouse “is a priority for the safety of our community.

“I would have to talk with John Viola regarding funds for all these projects and prioritizing them,” he said.

The Board of Directors will also weigh in on setting priorities for big ticket projects.

The improvements Farr has in mind for the Beach Club might not be definable as replacement items.

An elevator, new bathrooms, perhaps even a new kitchen might be more accurately defined as New Capital. A remodeled kitchen, on the other hand, might be definable as a replacement item.

Unlike replacement reserve spending, new capital spending ordinarily impacts the lot assessment for that year.

OPVFD launches fundraiser for new Southside Station

The Ocean Pines Volunteer Fire Department this week announced the first of several special fundraising campaigns to help celebrate its 50th anniversary.

As part of this milestone celebration, the department is actively raising funds to construct a new and improved South Station. The centerpiece of this initiative is the personalized brick fundraiser, offering community members an opportunity to leave their mark on this historic project.

The personalized brick campaign invites supporters to contribute to the construction of the South Station by purchasing engraved bricks. Two options are available: a 4x8-inch Brick for $100, or an 8x8-inch Brick for $200.

These bricks will play an integral role in constructing a unique feature at the new South Station, showcasing the lasting contributions and support of the community.

Additionally, donations of $1,000, $5,000, and $10,000 and up will be recognized in a series of plaques highlighting the generosity of the community and their contributions to public safety.

Individuals interested in participating in these fundraisers can make their contributions online by visiting www.opvfd.com or by visiting the station in person.

The Ocean Pines Volunteer Fire Department encourages everyone, whether a resident or a supporter from afar, to be a part of this historic endeavor.

Fire Chief Steve Grunewald and Fire Department President Dave VanGasbeck expressed their gratitude for the continued support of the community.

“This anniversary represents a significant milestone for our department and community. Along with celebrating 50 years, we are also thrilled to invite everyone to participate and be part of the legacy that will be the new South Station”, VanGasbeck said.

“Your support ensures that we can continue to serve and protect our community effectively,” Grunewald said.

Details on additional fundraising efforts for the new South Station will be announced at a later date.

For more information, visit www.opvfd.com or call 410-641-8272.

OPA inaugurates crabbing pier, kayak launch

By ROTA L. KNOTT Contributing Writer

Anew recreational and crabbing pier and handicap accessible kayak launch in Pintail Park are available for Ocean Pines residents to enjoy. The waterfront structures were installed in September to replace an existing pier and add the kayak launch gangway and floating pier.

The new handicapped accessible kayak launch gangway and floating dock was built on the southern portion of the park property.

The gangway and lower storage area for kayaks are designed to make the use of kayaks in the community accessible to everyone.

Following removal of a crabbing pier from the Whitetail Sanctuary section of Ocean Pines several years ago, the OPA began searching for a location for a new pier. The OPA reviewed other possible locations at the Grand Canal, Swim and Racquet Club marina, and White Horse Boat Ramp but both the Recreation and Parks Advisory Committee and staff felt Pintail Park is the best spot for the amenity.

Pintail Park was selected because of the availability of parking, portable bathrooms and handicap access. A previously existing Pintail Park pier on the north side of the property was decades old and needed to be replaced anyway.

General Manager John Viola announced during a Sept. 30 Board of Directors meeting that the recreational and crabbing pier was installed on Sept. 12 and the

kayak launch was installed on Sept. 14.

The replacement cost of the recreational and crabbing pier was budgeted at $44,753, but came in significantly lower at $24,429. Installation of the kayak launch was budgeted at $68,311, but the actual cost exceeded $76,028. The cost of the kayak racks is $3,275.

Beach parking

Parking at the Ocean Pines Beach Club will be available until the end of October, Viola said. He added that the portable toilets will remain in place and sprinklers for washing feet will be operating the until the end of October when the Beach Club is winterized.

Finance and IT

Viola said the OPA is continuing to gain efficiencies from technology improvements. He said a IT link from the NorthStart software used throughout the OPA to the EZ Links registration system used at the Ocean Pines Golf Club is being installed, staff will be training in November and the system will go live in December.

EZ Links is a standalone reservation system used by golf courses. Viola said the OPA made the decision to maintain that software and work with NorthStar to create a separate system to connect the two.

The OPA will also be working with NorthStar to integrate the online memberships software into the overall system. Viola said the OPA needs NorthStar’s support

The Ocean Pines Association inaugurated a crabbing pier and kayak launch at Pintail Park in mid-September.

GM REPORT

to help customize the software based on membership types.

Fire department

A work group studying the South Side Fire Station is prepared to recommend its replacement during the OPA Board’s October meeting, Viola said during his general manager’s report.

Viol said the work group has been meeting for several months and includes representatives from the OPA, Ocean Pines Volunteer Fire Department, and community members. The group will make a presentation and recommend moving forward with replacement of the fire station with a new building in October.

Additionally, Viola said he as general manager will give at least three options for ways to fund construction of the new building and submit a recommendation to the Board.

He said there will need to be discussion of a referendum vote of property owners and updates to MOUs or proposed contracts with OPVFD.

Golf course ponds

Viola issued a reminder that people should not be fishing in the ponds on the Ocean Pines Golf Course. He said the OPA has some nice ponds and a beautiful golf course, “but it’s a golf course.” He said its simply not safe for people to fish in pond on the golf course. “That is the major concern,”

Public works crews recently refurbished buoys to place in the golf course ponds.

The Pink Lady Tournament will be held at the golf

course on Oct. 18 at 1 pm. The tournament is a 9-hole, four-person scramble but golfers can sign up as a single, duo, threesome or foursome. Sign-up sheets are available in the Golf Pro Shop or email jpstoer@yahoo.com or lindaws43@yahoo.com. Entry deadline is Oct. 11.

Maintenance

The OPA is continuing to address maintenance of its facilities, Viola said, adding that has been a priority over the last five years. Most recently, crews have been evaluating all of the restrooms at OPA facilities and addressing maintenance issues.

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At the Yacht Club marina, crews painted bathrooms and caulked showers, and painted the foyer. Crews at the Yacht Club pool painted walls and caulked showers and replaced a broken bench in the mens’ room, and painted walls and replaced shower stall in ladies’ room.

At the Swim and Racquet Club pool, they painted walls and stalls in mens’ and womens’ rooms, and at White Horse Park they painted walls in men’s room, painted walls and heaters in the womens’ room, and painted walls in the family bathroom.

Crews working at the Mumford’s Landing pool painted the walls in men’s room and painted walls and benches in the women’s room. At the Sports Core pool, they painted the walls, the stalls and caulked showers in both the men’s and women’s rooms.

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Ocean Pines PROGRESS October 2023

ing ditches in the community, Viola said.

The equipment was budgeted at $22,000 but actually came in at a slightly lower cost of $21,798.31.

Viola said the equipment will be for trimming and cutting the ditch banks and bottoms from the top of the ditch, and to trim overgrown branches and bushes.

He said its use will increase efficiency by automating a manual process and reducing the amount of labor needed.

Racquet sports

“We have been dedicated to improving that racquet center every year since 2019,” Viola said in introducing a list of recently completed projects at the Racquet Sports Center.

A pickleball shade structure was completed in June at a cost of $8,000, a sidewalk was added in May at $4,650, sod in August at $450, and swale clean-up in August at $1,850.

A patio was added for paddle ball in August at $15,000. The center parking lot was sealed and lined in September at a cost of $5,700.

Veterans Memorial

The Public Works department added two picnic tables near the pond at the Worcester County Veterans Memorial at Ocean Pines.

The tables were added to the waterside memorial at the request of the Recreation and Parks Advisory Committee.

Mailboxes

The OPA began a project to replace failing mailboxes and posts in July 2022. Phase one of the project included replacing 17 boxes and 92 pedestals ordered through Salisbury Industries at a cost of $54,953.72.

So far, 17 boxes and 81 of the pedestals have been replaced Additional mailboxes are on order and public works continues to work with the Postmaster to schedule installations. Cleaning of other existing mailboxes will resume in October.

Dashboard activity

The Compliance, Permits, and Inspections office started August 2023 with 158 outstanding violations and processed an additional 91 violations during the month, including 55 for maintenance and trash, 1 dangerous tree, 13 no permit, and 2 miscellaneous, such as screening, signs, stop work orders, trailers, unregistered or junk vehicles, and parking. CPI was able to close out 96 violations, leaving 153 outstanding at the end of the month. Of those cases 42 are being addressed by legal counsel.

Public Works started August with 103 open work orders and received 136 new work orders during the month, including 13 for bulkheads, 38 for drainage, 28 for grounds and landscaping, 13 for roads, 4 signs, and 40 for general maintenance. During the month, crews closed out 124 works orders, leaving 115 open, with 66 of those being for drainage.

Hitchens takes over as aquatics manager

By TOM STAUSS Publisher

General Manager John Viola in early September announced Michelle Hitchens as the new Aquatics Department manager, a position that could lead to aquatics director in due course.

She becomes the highest ranking employee in the department, replacing former Director Kathleen Cook who left the OPA just after Labor Day weekend to take a job with the state health department, where her role will include inspecting pools in Worcester County.

Prior to becoming department director about two and a half years ago, Cook was the aquatics manager.

Hitchens’s promotion to manager is the next step up from program coordinator, a position she has held for 11 years, in which she coordinated Aquatics exercise classes and programs, taught exercise classes and lessons, supervised instructors and employees of the department, and helped the department to run smoothly overall.

These duties will carry over in her new

roledepartment manager.

Under the new management structure announced by Viola, Hitchens reports to Linda Martin, senior executive officer manager.

The transition has been smoother than it could have been because all four Ocean Pines pools closed after Labor Day, leaving the indoor Sports Core pool the only one available for members and others to use.

Hitchens grew up outside of Philadelphia and moved to the Delmarva area in 2004.

Starting at a young age, she worked at an array of recreation and aquatic facilities. Hitchens, the mother of four children, moved to the Berlin area and joined the Aquatics department.

“They clearly are hitting the ground running,” Viola said of the new aquatics staffing structure.

He said that Hitchens is planning to expand swim lessons, both private and group, and class offerings.

Park, Horn named to Budget and Finance committee

Former OPA Directors

Doug Parks and Colette Horn have both been appointed for a first term to the OPA’s Budget and Finance Advisory Committee. The sitting Board made the appointments during a Sept. 30 meeting.

The Board also appointed Michael Alpaugh, Timothy Connolly, Kenneth Karr, and Karen Steinberger all for a first term to the Marine Activities Advisory Committee, Donna McElroy for third term to the same committee.

Christine Slattery was appointed for a first term to the Racquet Sports Advisory Committee, Kathy Toth to a first term on the Recreation and Parks Advisory Committee, and Karen Detter to a third term on the Environmental and Natural Assets Advisory Committee.

Bridge repairs contract approved

The Board of Directors approved a capital request for repairs to the Clubhouse Road bridge at the Ocean Pines Golf Club during a Sept. 30 meeting. The bridge failed a 2020 state inspection and needs replacement of wing walls and pilings.

The OPA budgeted $100,000 for the project but the lone bid for the work came in much higher at $149,500. Only Fisher Marine Construction submitted a bid for the work so staffed recommended award to the company. Fisher Marine Construction has the OPA contract for bulkhead replacement for 2023-24.

Resident concerned about pedestrians

Paul Rogers asked the Board of Directors during the Public Comments segment of a Sept. 30 meeting to create a pedestrian safety work group. He said there have been four highly publicized pedestrian accidents on the roads of Ocean Pines during the last year, and likely many others that have gone unreported or didn’t make it in the newspaper.

Michelle Hitchens

Work Group gets nod to continue planning for Season Kick-off next spring

Asks for Board liaison, up to $15,000 in funding support for one-day event to promote Ocean Pines amenities, organizations

By ROTA L. KNOTT

Contributing Writer

Acelebration of all things Ocean Pines reminiscent of the Days in May event that was held in the community for many years may be making a comeback. During a Sept. 30 meeting, the Board of Directors gave its conceptual okay for a work group to continue planning and developing a budget for an Ocean Pines Season Kick-off event to be held in spring 2024.

Gary Miller, Aquatics Advisory Committee chairman, said the idea first surfaced during one of his committee meetings as a way to encourage more people to participate in the aquatics programs. It quickly evolved to include all of the Ocean Pines Association’s amenities and representatives from other committees were added to the work group.

Linda Yurche, a Communications Advisory Committee representative on the work group, said the event would be designed to share information about everything Ocean Pines has to offer, including the sports amenities, dining, and community organizations.

She said as a new resident to the

community she didn’t know about all of the activities and clubs that are available.

“There’s so much to do in Ocean Pines and as a relatively new resident I had no idea,” she said.

The Ocean Pines Season Kick Off will be held in the spring of 2024 when OPA memberships become available for the new year. Yurche said the event is a way to get people excited about becoming involved in the activities of the community, with displays and demonstrations from the amenities, clubs, and community groups.

She said the work group reached out to more than 50 local clubs and organizations to see if they would be interested in participating in such an event and received positive feedback.

The work group also met with General Manager John Viola and Parks and Recreation Director Debbie Donahue as part of the preliminary planning

Yurche said the event would not be just for residents but for their guests and potential homeowners, Realtors, and others. Benefits of the event are to showcase the OPA’s amenities and programs,

potentially increase revenue, and promote community organizations.

The work group suggested White Horse Park as the venue on a Saturday afternoon from 3 to 7 p.m. after the farmers’ market in spring 2024. Yurche said that time-frame is beneficial because its after lunch before everybody wants “to go party at the Yacht Club.” She anticipated participation by 1,000 to 1,500 attendees.

“The most important part of this is that its interactive,” Yurche said. The group is considering inviting food trucks and local restaurants, possibly holding a cooking competition, and offering samples. She said the Yacht Club may want to hand out coupons to attract patrons to the club at a later time. They are also considering entertainment like a DJ or recorded music, local bands, and performances by local vocal and theater groups, a Zumba class, or pickleball clinic.

Director Stuart Lakernick asked about the cost of holding the event and insurance responsibilities. He also said he doesn’t want anything happening at the event to be in competition with the Yacht Club for food and beverage sales.

He also said that planners need to be cognizant of the impact of the

event on various departments, particularly the police, which would be called upon to provide security.

Yurche said the estimated cost of the event is about $15,000 but the will seek sponsorships to help offset the cost. As for insurance, she said there is a standard process to go through to indemnify the association for an event like that proposed.

The work group suggested the later afternoon time-frame for the Ocean Pines Season Kick Off specifically so as not to compete with the Yacht Club. She said the event should feed into Yacht Club business by encouraging customers to go there afterward.

“The whole concept is very nice,” OPA President Rick Farr said. He encouraged the work group to be sure to determine the needs and impact on other OPA resources as well, such as parking, police, availability of restrooms, and maintenance.

Farr supported the work group continuing to move forward with the concept planning.

Miller said former OPA President Doug Parks was the Board’s liaison to the work group. Since he is no longer on the Board, the group needs a new liaison. Farr said the Board will discuss that and make that appointment of a liaison in the future.

From Page 31

Rogers said these accidents could have been prevented and the OPA has a responsibility to look into the matter. Each of these four cases can be considered an index case, which means there are probably four or five other people who are each at risk of the same types of incidents, he said.

He encouraged the Board to take action and create a pedestrian safety work group to gather data and present information regarding what can be done to prevent pedestrian involved accidents.

Horn says Board has unfinished business

Former OPA Director Colette Horn took the microphone during the public comments session of a Sept. 30 meeting to remind the Board of Directors that it has unfinished business to address. Horn congratulated new Board members and then pointed out there are two outstanding amendments to Board resolutions for them to take up.

Oct. 8 Yacht Club event to honor U.S troops

Steel Blu Vodka, in partnership with The Matt Ortt Companies and the Get Involved Facebook page, recently announced a care package event to aid U.S. troops serving locally and abroad.

The event is set for Sunday, Oct. 8, from 11 a.m. to 4 p.m. at the Ocean Pines Yacht Club.

Steel Blu, based in Delaware, donates ten percent of the company’s profits toward care packages for those serving in the U.S. Armed Forces. With those funds, the company purchases nonperishable goods – such as toiletries, snacks, and office supplies – and packages them with the help from local volunteers.

Volunteers are needed to help prepare the packages, and those who pitch in will be treated to a day filled with meaningful activities and entertainment.

Live performances by Cup O’Joe will help keep spirits high, while a range of happy hour food and drink specials, exciting giveaways, engaging

Spooky, festive fun to take over Farmers Market

An enchanting experience at the Ocean Pines Farmers and Artisans Market is set for Saturday, Oct. 21.

The market will be transformed into a “Broomstick Bazaar” where artisan “witches” will work their magic, offering a bewitching array of holiday gifts. Expect to find a spellbinding selection of candles, clothing, jewelry, wood crafts, soaps, flowers, and more.

“Shoppers are encouraged to wear their costumes, hats and brooms, and let their inner witch shine, all while wand-ering the bewitching marketplace pathways,” Market Manager David Bean said.

For those looking to add a touch of autumn charm to their homes, local-grown mums, asters, and pansies will be available alongside an assortment of pumpkins, gourds, and other seasonal decorations.

“As you peruse the enchanting wares, let loose and dance your way into the spirit of the season,” Bean said. “Join us in shaking your BOOty to the hauntingly delightful country bluegrass tunes performed by singer Sarah Campbell on the haunted Market Stage from 9 a.m. to noon.

“And don’t worry, we haven’t forgotten about the treats!” Bean continued. “Our green market stands will be stocked with seasonal produce, orchard fruits, apple cider, and a plethora of sweet delights.”

The market is open Saturdays from 8 a.m. to 1 p.m. in White Horse Park, next to the Ocean Pines Administration Building and Police Department. The market returns to its off-season hours of 9 a.m. to noon, starting on Saturday, Oct 7.

games, and raffles will add to the festivities.

The event is made possible through the sponsorship of Steel Blu Vodka, Big Wave Marketing, Fully Promoted branded apparel, and Ocean Pines Get Involved.

Chelsey Chmelik, a Matt Ortt Companies manager, helped to organize the event.

Also lending a hand is Get Involved founder Esther Diller.

“We are thrilled to support our troops and make a difference through the Steel Blu Vodka Care Package Project,” Chmelik said. “This event is a testament to our commitment to giving back to the community and expressing our gratitude to the brave individuals who serve our country.”

For more information, contact Chmelik at chelsey@mattorttcompanies. com.

Additional donations and handwritten letters for U.S. troops can be mailed to American Heroes, 810 Ocean Parkway, Berlin, MD, 21811.

Unfinished business

From Page 32

The first, Resolution M-02, Amenity Policies, had a first reading and was deferred for review by counsel and the new Board. The second was Resolution B-08, regarding Board ethics and conduct, and had a second reading but the previous Board took no action.

Horn also encouraged the Board to consider allowing people who attend the meetings virtually to again offer public comments. OPA President Rick Farr said a return to allowing virtual public comments would be looked into.

Horn called out Director Stuart Lakernick individually, saying he ran for the Board with a campaign with promise to represent part-time property owners. She asked him to allow them to participate fully by providing virtual comments.

Improvements sought at Pines’ dog park

Jack Levering spoke up during

public comments at a Sept. 30 Board meeting said he was there to “speak for those who can’t speak for themselves,” the dogs that use the OPA’s dog park.

He pleaded with the association to make improvements at the dog park, including reiterating a request for an agility course to liven it up for local canine companions. He also asked that the gates and fences be relocated, and for protection from the weather for the dogs’ human caretakers.

He pointed out that protection has been provided at other amenities for people using them, like the racquet center.

There are a few benches out in the open at the dog park and people bring yard sale chairs to sit in but that’s all that is available. He suggested the possible addition of a gazebo.

He also said he had previously requested removal of decorative fire hydrants placed in the park when it was originally built. He said the hydrants have projections on them that have injured dogs.

OP Racquet Center, Spec Tennis Club hosts tournament to honor

Dee Bohanan

Event raised nearly $4,000 for Parkinson’s research

The Ocean Pines Racquet Center was awash with goodwill on Sept. 23 as the community came together for the Friends of Dee Bohanan Benefit Tournament for Parkinson’s Research.

The event, organized by the Ocean Pines Platform Tennis and Spec Tennis clubs, was a heartfelt tribute to long-time member Dee Bohanan, who battled Parkinson’s until her passing on Sept. 14.

The tournament drew more than 40 players, including 10 participants in the “Newbie Round Robin” category. Spectators also flocked to the courts, with roughly 75 attendees helping to create an atmosphere of positivity.

Because of the strong turnout and the support of sponsors, the event raised nearly $4,000 for the Michael J. Fox Foundation for Parkinson’s research.

Karen Kaplan, president of the Platform Tennis and Spec Tennis

clubs, called the tournament a big success.

“The positive energy on and off the courts was amazing,” she said. “There was so much fun, laughs, camaraderie, and friendly competition. And it was an especially poi-

gnant moment when Dee’s husband, Bo, joined us to present the medals.”

Kaplan thanked Cel Popen for helping to organize the tournament, as well as the Racquet Sports members and other volunteers who helped bring in sponsors and donors.

“To all the players and friends who donated, thank you so much!” she said. “A special thanks goes to our sponsors The Assateague Coastal Trust, Choptank Electric, the Bohanan Family, Sen. Mary Beth Carozza, Carrie R. Dupuie/CDR Financial, the MaryMac Foundation, A Bagel and..., the Hersheys, the Flanagans, and the Kent County Tennis Association.”

For more information on Spec Tennis programs, visit www.oceanpines.org/web/pages/spec-tennis.

Co-Sponsored by Ocean Pines Get Involved

The Ocean Pines Spec Tennis Club after its recent tournament to honor one of its late members.

From seasonal officer to Ocean Pines police chief, Robinson begins the rebuild

Challenges include returning department to full strength

By JOSH DAVIS Contributing Writer

New Ocean Pines Police Chief

Tim Robinson didn’t waste any time tackling the tough issues after being hired in late July.

He met with community members during the annual National Night Out event on his first day, formally adopted a body camera policy later that week, and then began an unprecedented hiring campaign to help restaff the Ocean Pines Police Department.

Robinson inherited a department that had been without a chief for six months and after the retirement of former chief Leo Ehrisman.

He brings more than three decades of experience in law enforcement, most recently serving in a leadership position with the Wicomico County Sheriff’s Office.

Robinson said he was inspired to become a cop by his father, a retired major from the Prince George’s County Police Department.

“It just seemed like it was a way of life,” he said. “I’ve been exposed to police work and been around police officers my entire life, and they’re all great people trying to do a great job for their community. To me, it just seemed natural to follow in my dad’s footsteps.”

Ocean Pines Chief of Police Chief Robinson.

Originally from Bowie, Robinson moved to Salisbury in 1989 to attend then Salisbury State University. He studied history and Spanish, and said he fell in love with the area instantly. He still lives in Salisbury today, some three decades later.

His first police job was with the City of Rehoboth Beach as a seasonal police officer in the summer of 1992.

“I was with uniform patrol along

the boardwalk and the downtown area,” he said. “I did make some arrests, but I also had a lot of fun. And I met a young lady at the end of the summer named Angie who became my wife, and we are getting ready to celebrate 29 years of marriage.”

Robinson spent the next summer in Rehoboth Beach before being hired by the Delmar Police Department on the following year.

“They sent me to the police acad-

emy for a full-time officer position, and I stayed there for three-anda-half years before I was hired by Sheriff Hunter Nelms at the Wicomico County Sheriff’s Office.”

That, he said, was a big leap.

“It was a much bigger department and there were much more opportunities,” Robinson said. “I really enjoyed my time at Delmar, and I worked with some great people. But, career-wise, it opened many more opportunities by going to the Sheriff’s Office.”

In Wicomico County, Robinson said, crime also operated on a bigger scale.

“It was everything from quality-of-life issues to thefts and domestic assaults, to some pretty serious felonies and drug cases,” he said.

During that time, Robinson became one of the faces of the department, which included a regular guest spot on the Delmarva Life TV program to help raise awareness for police issues.

“I gravitated towards being the public information officer for the sheriff’s office, and I started doing a lot of interviews with local media – and they kept asking me for more and more interviews,” he said.

“Delmarva Life started periodically, but I think with the response they got with the ‘most wanted’ segments, they decided to make it a regular feature. I used to joke around that I was their number one repeat guest!”

Robinson said those appearances paid off, helping to catch many on the local most-wanted list – sometimes within hours of the broadcast.

“There were many times when that show would air and, shortly after, the crime solvers tip line would start getting calls,” he said. u

1,445

Tim Robinson

From Page 35

Robinson also continued his studies at Salisbury University, earning a master’s degree in history with a specialization in Colonial and Revolutionary America that led to a second career.

“I stayed in contact with the folks there and they eventually invited me to do some part-time teaching work,” he said. “I started that in 2009 and I’m now starting my 15th year there, teaching evening history classes.”

Moonlighting as a teacher, Robinson said, was “kind of an accident.”

“I have a passion for history and a love of history,” he said. “When I got my master’s degree, it was basically to help support my career to get that on my resume, and next thing I know I was invited to teach part time and I just fell in love with it.

“I describe myself as a fiend about history. I love reading it. I love studying it. I love talking about it. And, apparently, I love teaching it too,” he added.

Robinson’s parents, Fred and Jackie Robinson, have owned a home in Ocean Pines for the last two decades. They became full-time residents in 2020.

“I always thought it was a beau-

portunity came up to become chief of police in Ocean Pines.

“I thought about it a lot, and this is a very attractive community. It’s a wonderful place to be not only a police officer, but a police chief,” he

partments use, including Worcester and Wicomico counties and Ocean City.

“What they do is they look at best practices from other police departments around the country, in addition to making sure we’re in compliance with federal and state law,” he continued. “And if there are any changes in best practices, or any changes in federal or state law, they will automatically update our policies for us and provide training to our officers on the new policies.”

Robinson said he’s also working on technology improvements, and the recruitment of new officers.

tiful community,” Robinson said. “They talk about it all the time, and I spent many a Saturday at the Ocean Pines Beach Club with my parents. I also attended many of the events at Veterans Memorial Park. So, I was very familiar with the community.”

Robinson said he was probably three or four years from retirement with Wicomico County, when the op-

said. “And so, I decided to throw my hat into the ring, and I was selected.

“I’m very, very humbled that I was selected, but at the same time I’m very excited about the opportunity,” he continued. “And I‘m very appreciative of the faith that the leadership of Ocean Pines has in me.”

At the end of his first day as police chief, Robinson was joined by hundreds of Ocean Pines residents for the annual National Night Out at White Horse Park. The event is billed as is “an annual community-building campaign that promotes police-community partnerships.”

Along with meeting the public, he was also congratulated by many law enforcement friends from Worcester and Wicomico counties and the State of Maryland.

“Everywhere I go everybody’s been very warm. When they realize that I am the new police chief, everybody wants to introduce themselves and to talk to me and welcome me. I cannot express enough how much it has meant to me that I have been so warmly welcomed into the community of Ocean Pines.”

During his first week, police body cameras went into use on Aug. 9, after Robinson was able to approve a “body camera worn policy” for the department.

“These body cameras are an incredible tool,” he said. “In my professional experience, they have been invaluable at getting a correct accounting of what happened on any scene involving a police officer.”

Next on the list, Robinson brought in a company called Lexipol to help update policies and procedures for the Ocean Pines Police Department.

“They will help us create and maintain our policies and procedures from here on forward,” he said. “It’s a great program and a great organization that a lot of police de-

“I want to maintain a competitive starting salary, along with a viable pay scale for the officers that are already here,” he said. “We’re also looking at the pensions and working on the retirement program. And having things like take-home cars is a huge benefit to our officers.

“All those things are geared towards not only attracting and recruiting new officers, but also keeping the officers that we have,” he added.

Asked about his quick pitch for new hires, Robinson simply said, “it’s Ocean Pines.”

“I knew firsthand what a great community this is before I even applied here,” he said. “If you do the research, Ocean Pines always comes up and ranks among the safest and best communities in the state of Maryland. It’s just beautiful here. Driving along the tree-lined streets and seeing the canals, there’s just nothing like it.”

Robinson said he’s hoping to hire both new and veteran officers.

“I’m looking to get people that are new that we would send to the academy so they can learn how to be officers. But I’m also looking to hire a couple of experienced folks to help guide some of these younger officers,” he said.

In the future, Robinson hopes the Ocean Pines Police Department will continue to supply the best possible service to the community, and to be as self-sufficient as possible.

“We do get a lot of help from the sheriff’s office, in addition to other allied agencies and state police, but we want to be in a position where we can supply most of the basic services that this community needs,” he said.

“Overall, I’m just thrilled to be here – and I plan to be here for a while,” he continued. “If you see me out and about, please stop by and say hello. I plan to be very present here in the community.”

“I’m very, very humbled that I was selected, but at the same time I’m very excited about the opportunity. And I‘m very appreciative of the faith that the leadership of Ocean Pines has in me.”

Chief of Police Tim Robinson

OPA notches a $137,00 operating fund surplus

Positive variance for the year through August climbs to $439,000

By TOM STAUSS Publisher

The Ocean Pines Association notched a $136,817 operating fund variance in August, very close to the $140,000 positive variance to budget recorded in July.

According to the August financials posted by Controller/Director of Finance Steve Phillips the third week of September, the operating fund variance resulted from revenues over budget by $176,096 and total expenses over budget by $39,279.

The operating fund variance for the year continued to climb because of the solid August performance.

The surplus through the end of August was $438,728, reflecting revenues over budget by $543,062 and total expenses over budget by $104,334.

Amenity departments that produced positive variances for the month included pickleball, aquatics, golf operations, the Clubhouse Grille, the Beach Club, and beach parking.

Amenity departments that fell short of budget, albeit modestly, were tennis, platform tennis, the Yacht Club and marinas.

With the exception of tennis and platform tennis, all amenity departments were in the black for the month.

Actual results and results compared to budget are the two primary ways to measure financial performance. A third way is to compare 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 Aug. 31 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 minuscule operating deficit of $217.

Golf is the OPA’s top amenity performer through August, with a $558,384 surplus. That’s $109,830 ahead of budget and well ahead of the $486,116 net recorded through August of 2022.

Beach parking is the OPA’s most lucrative cash producer, with actual net of $454,432 through August. That’s $42,209 ahead of budget and slightly better than the $447,981 total through August of last year.

The Yacht Club followed, with a $395,562 operating surplus. That’s under budget by $23,103 and is less than the August 2022 surplus of $412,502.

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 August, with $275,173 in net operations. That’s $13,537 better than budget but off the torrid pace of last year. The August 2022 cumulative net was $350,010.

The Beach Club food and beverage operation, which closed for the season after Labor Day weekend, recorded a $247,080 operating net through August, ahead of budget by $74,742. Through August of 2022, the Beach Club had recorded a

To Page 39

OCEAN PINES ASSOCIATION NET OPERATING BY DEPARTMENT AUGUST 2023

Food and beverage revenues surge during summer months

Beach Club, Clubhouse Grille far surpass budget goals, more than making up for modest negative variance at Yacht Club

By TOM STAUSS Publisher

Matt Ortt Companies owner and chief executive Matt Ortt recapped the performance of the three Ocean Pines food and beverage venues his company manages for the Ocean Pines Association, leading off the Sept. 26 meeting of the Budget and Finance Advisory Committee.

The committee reviewed the financial report for the OPA as of Aug. 30 prepared by Finance Director/Controller Steve Phillips.

The recap shows a combined operation so far this that is well ahead of budget, led by sterling performance at the Beach Club and Clubhouse Grille, more than offsetting solid performance at the Yacht Club that nonetheless has not met budgetary goals for the year.

No one seemed to mind, because the aggregate numbers for all three are very positive.

General Manager John Viola said in particular

August financials

From Page 37 $225,727 operating net.

The perennial OPA success story, marinas, were in the black by $235,548 through August. Affected by poor weather in the early months of the fiscal year, marinas were behind budget by $23,103 and off the August, 2022, net of $412,502.

The Clubhouse Grille, like golf, continues its stellar performance. Through August, this food and beverage venue recorded a $92,991 operating surplus, and that was $32,883 ahead of budget. That’s almost twice the operating net through August of last year of $50,204.

All three racquet sports in combination are doing well financially for the year, lead by pickleball, which recorded a $72,919 operating surplus through August. That was $21,417 over budget. By way of comparison, pickleball’s net through August of last year was $58,872.

the Yacht Club was negatively impacted by poor weekend weather in the early months of the fiscal year.

“The weather has been critical on many Friday and Saturday nights, more this year than any other year (since Viola has been in Ocean Pines),” he said. “They (MOC) has done everything possible to cover that.”

Ortt told the committee that his company had been preparing for a year that might not be as “fat” as the year prior, and that part of that preparation over the winter was to figure out ways to control costs. Among the successes: negotiated deals with food and beverage suppliers using the leverage obtained by successfully running restaurant in the area.

“It’s tough to raise prices in Ocean Pines,” he said, adding that when it’s absolutely necessary people call and send emails. That means that in order to maintain prices in an inflationary period, cost-cutting is essential.

Platform tennis through August earned $5,251, under budget by $1,826. That’s off last year’s pace through August, when the net was $9,154.

The $217 tennis deficit for the year through August was $12,373 under budget and well off the August, 2022, pace of $10,882.

Reserve summary -- The Aug. 31 reserve summary shows a total balance of $9.164 million, a modest reduction from the July 31 total of $9.298 million, $9.9 million in June and $9.66 million in May, the usual pattern of declining balances throughout the fiscal year.

The replacement reserve balance on Aug. 31 was $6.25 million, with bulkheads and waterways at $1.3 million, roads at $1.08 million, drainage at $384,717 and new capital at $146,729.

Balance sheet -- The Aug. 31 balance sheet shows total assets of $44.544 million, down from$44.85 million at the end of July but ahead of the $43.363 million in assets held on Aug. 31 of last year.

Reserve Summary - Period Ending Aug. 31,

The result at all three venues were margins well within industry standards.

At the Clubhouse Grille, net income was $92,991 actual through the end of August, compared to a $60,108 budget, resulting in a positive variance of $32,885. A year prior the net was a $50,204.

At the Beach Club, net income through August was $247,080, compared to the budgeted $172,338, for a $74,742 positive variance. A year prior the net was $225,727.

Ortt said that September will record one additional week of operations at the Beach Club, including Labor Day weekend and one wedding.

“We made up a lot of ground in August and September,” he added.

At the Yacht Club, actual net revenue was $395,562 compared to the budgeted $418,665, for a negative variance of $23,103. A year ago through August, the Yacht Club had earned $412,502.

Phillips predicted that by the end of the fiscal year this coming year April, the Yacht Club will probably record a negative variance to budget, even while the bottom line will continue to be positive.

Without blaming Yacht Club results on those who attempt to sneak in food and alcohol during times when live entertainment is available, Ortt nonetheless indicated that that there might be two or three incidents per months of patrons bringing in coolers with food and beverage.

“We have to ask them to go back to their cars or condos,” he said, acknowledging that the incidents are awkward for staff to handle. He said there have been discussions about adding signs that tell patrons that bringing in food and beverages is illegal, but so far no decision to do so has been made.

Ortt said that cover charges for Yacht Club entertainment isn’t practical because the outdoor deck venue is so open.

He also said he wouldn’t consider adding the three percent fee associated with credit card usage to patrons’ bills, calling it a practice that would persuade him never to return to a venue that attempted to directly collect the cost of credit cards.

“It’s bad business,” he said.

OPA cash position at $18.7 million

The Ocean Pines Association’s cash and investment position stayed roughly the same in August, with $18.7 million on hand.

According to a report by OPA Treasurer Monica Rakowski at the Sept. 30 Board of Directors meeting, cash increased $700,000 from the same time period last year, while cash decreased $50,000 from July 2023.

Of the $18.7 million on hand, $11.2 million was invested in CDARs, and $43,000 in interest income was recognized during the month, courtesy of a high interest rate environment.

The remaining $7.5 million was invested in an insured cash sweep, treasury bills, money market and other operating accounts, diversified between two local banks.

Viola handled ‘Leo situation’ as well as it could have been

The recent podcast featuring former Ocean Pines police office Chris Tarr on the Ocean Pines Residents Oversight Community’s social media annoyed a lot of people.

It contained misinformation, even lies, according to OPA President Rick Farr.

He didn’t like that Tarr raised the specter of Board interference in former Chief of Police Leo Ehrisman’s departure (resignation/retirement) in June. And particularly a statement from Tarr that Farr had said in a post that Leo would be fired from his position if he didn’t resign, or something along those lines.

Farr to Tarr: You lie. There is no such post because none was written, and the Board doesn’t involve itself in personnel issues.

OPA General Manager John Viola also apparently takes exception to the allegation that Ehrisman was forced to resign. Though as usual with Viola, his engagement in the controversy was muted at test

At the time of the announcement, Viola issued a press release that said Ehrisman had decided to retire. He confirmed that in a Sept. 28 text message by simply excerpting the earlier press release.

He had no interest in engaging in a discussion of whether Ehrisman was encouraged to retire.

Best guess? He was.

Then there were comments from Nate Passwaters, deputy sheriff, and Brian Cardamone, chief of staff and lieutenant in the sheriff’s department.

The latter was the officer tasked to co-manage the Ocean Pines Police Department when Ehrisman was put on paid administrative leave in early January of this year.

He oversaw the investigation of a break-in an OPPD storage shed and the subsequent audit of the OPPD’s equipment room, where two firearms and some ammo had gone missing.

Their take on Tarr podcast, Cliff Notes version: He should not have aired the OPPD’s dirty linen in public. Tarr was investigated for alleged mishandling of firearms placed in the safe-keeping of the OPPD by a long-term friend of Ehrisman’s. The Progress has been told that the friend was a long-term caregiver for his disabled daughter.

Ehrisman was investigated for allowing the removal of ammo, a rifle

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

and assault rifle from the OPPD’s equipment room -- one later confiscated from Tarr and another from Officer Kyle Dalton, who is said to have taken the assault rifle to a local range for target practice. This third officer was also investigated.

There were actually two investigations -- one by the sheriff’s department in consultation with the State’s Attorney and another by the Towson-based state prosecutor, an independent state agency established to probe allegations of misconduct by elected and non-elected government officials in the state.

The involvement by the state prosecutor was first made public by Tarr and confirmed by Passwaters and Cardamone, who took issue with another Tarr observation: that the investigation of Ehrisman is over and he won’t be charged with wrong-doing.

As far as Passwaters and Cardamone are concerned, the investigations remain open.

In fact, said Passwaters, the podcast itself has triggered a new avenue for investigation.

He didn’t say for what precisely, but it’s not a stretch to suggest it could be for Tarr going public with details of a police investigation contrary to non-disclosure rules.

Passwaters suggested that a recent podcast by local podcaster Kelly Miller, a self-appointed overseer of the ROC sites who frequently comments on ROC content in ways that demean its co-founders Sherrie Clifford and Amy Peck, could shed some light on the entire eposide.

Passwaters implied that Miller had it right when he wrote that “had this former cop (Tarr) not resigned, he would have been fired in the department I worked for. We were an organization of over 1,200 officers that protected the badge, the image and the reputation of our department and would have never gone public with perceived issues in our ranks.

“First of all, when you have recovered property, it’s logged and it’s sent to the property room, not the trunk of your f___ car. Even the ammunition, it goes to the property room and eventually, it’s destroyed,

not used for target practice. Wrong on every level,” he wrote.

Be that as it may be, the Tarr podcast nonetheless brought out for the first time details of the events before and after Ehrisman’s paid suspension in early January, that lasted until he officially retired (resigned) in June.

An article elsewhere in this edition of the Progress details the highlights.

Here are a few pertinent details of interest:

• Prior to Ehrisman’s suspension, he was out on sick leave. When the break-in to the storage shed was discovered in mid-December, dispatchers notified Leo at home, according to Tarr. Ehrisman ordered the shed’s remaining contents to be removed and placed in a holding cell for later disposition.

For reasons that Tarr couldn’t explain, he said that no investigation of the break-in was immediately ordered by the chief.

• A call to the state prosecutor’s office in Towson by an unnamed Ocean Pines resident asked the agency to check into why no investigation of the shed break-in had occurred. Shortly after that call and two weeks after the break-in, when he first learned of it, Viola made the decision to place Ehrisman on administrative leave.

Viola brought in the sheriff’s department to begin the investigation of the break-in. An audit of the equipment room was ordered as part of that investigation.

• That’s when the investigation kicked into another phase. Tarr said that an officer working under Cardamone determined that the two firearms and ammunition had been checked out of the equipment room. Tarr claimed that this was done with Ehrisman’s approval. These guns were in the possession of Tarr and Dalton, both later recovered. Tarr acknowledged that he was one of the OPPD officers under investigation, a process he more or less said was traumatizing.

• Ehrisman wasn’t interviewed until April, according to Tarr.

• Tarr said he was accused of lying and covering up for Ehrisman

denies it, says he was cooperative and truthful.

• Passwaters noted that during the investigation, both Tarr and Ehrisman were represented by legal counsel provided by the state Fraternal Order of Police.

As of the end of September, no charges have been filed against any of those investigated in this case. None of them are associated with the OPPD at present.

Here are some conclusions from the airing of all this dirty linen:

1. John Viola acted properly in the way he handled the matter once he learned of the break-in two weeks after the fact.

2. Clearly, Ehrisman had nothing to do with the break-in. Not having authorized an investigation into the break-in immediately after it occurred, the matter was taken out his hands.

As he was still out on sick leave when he was placed on administrative leave, this hardly can be construed as unusual or unwarranted.

3. The firearms and ammo never should have been removed from the property room after they were turned over to the OPPD for safe-keeping.

As offenses go, it seems relatively harmless and victimless, but safe-keeping means just that.

It doesn’t encompass taking guns out of the equipment room for prac-

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.

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Redemption for Rick Farr and tranquility ahead

The HOA gods must be smiling down on Ocean Pines with the peaceful transfer of authority from the Doug Parks presidency to the Rick Farr presidency.

Not that there was any expectation or likelihood of a traumatic turning of the page. Farr served as the Ocean Pines Association’s vice president during Parks’s final year on the Board, and they were political allies after all.

They saw issues through the same lens; rare was the occasion for disagreement.

It’s still early in the Farr presidency, but already there are indications that the coming Board term should be a relatively tranquil one.

Those looking for frequent fireworks -- or as it was described years ago as the Best Show in Town -- are bound to be disappointed.

One bullet has already been dodged.

Former OPA President and Director Colette Horn, who retired from the Board in August after six often contentious years, submitted an application to serve on the Budget and Finance Advisory Committee.

So did Parks, and he’s likely to become chairman sooner or later. Both were voted on and approved as committee members at the Sept. 30 Board of Directors meeting.

Horn’s appointment merited hardly a peep prior to the vote, but that was hardly a slam dunk turn of events.

When she was on the Board, Horn voted not once but twice to reject current Director Stuart Lakernick’s appointments to advisory committees.

She was complicit in a Board’s decision not to seat Rick Farr in 2021 as that summer’s top vote-getter, on the spurious pretext he was not a bonafide member of the OPA.

She also opposed the appointment of Ocean City lawyer Bruce Bright, Farr’s attorney in the case that brought him a seat on the Board, as the OPA’s new legal counsel.

Those are the more egregious examples of Horn’s less than stellar judgment.

Her actions were ugly then and don’t look any more appealing now.

And yet she submitted an application to the B&F committee, almost as if to dare the current Board to return the favor and reject her application.

Farr and his colleagues took the high road. Rather than engage in political pay-back, they voted her on the committee along with Parks.

Rick Menard

Farr told the Progress that he doesn’t want his presidency to be marred with politics, and in that context his vote to accept her application is understandable.

And it should be said that Horn’s tenure on the Board had its high points: She was the one who as president negotiated terms that kept John Viola on as OPA general manager.

That was an example of exemplary judgment, to which all of her colleagues shared.

Horn also didn’t join in the mob hysteria aimed at the Matt Ortt Companies for fabricated complicity in the tragic death of teenager Gavin Knupp in the summer of 2022.

The same cannot be said of two of her appointments to the Board to fill vacancies from resignations, both of whom to varying degrees called for a boycott of MOC-managed food and beverage venues in Ocean Pines; one of them even supported replacing MOC with a new management company.

That won’t be happening. Indeed, Farr in a recent interview said it’s very possible that MOC’s contract to manage OPA food and beverage venues will be extended for five years, citing weddings booked far in advance as a reason to lock

in the company who has solidified the OPA’s lucrative wedding business.

Some of Horn’s judgment calls suggest she isn’t the best choice for a role on the influential budget and finance committee.

On the other hand, the committee mostly deals with numbers and budgets and the like so perhaps her presence won’t be a problem.

Whether she will be a good fit with the rest of this committee remains to be seen; it could turn out well, it could turn out to be a bit of a poison pill.

We’ll know soon enough. Let’s hope for the best.

Farr’s election as president represents a complete and perhaps final repudiation of the Board decision to reject his candidacy in 2021. It cost him time and treasure -- $37,000 in legal expense -- to have his election ratified by a judge.

How many OPA residents would have gone to the trouble he went through to gain a seat on the Board?

Not many.

His election as OPA president?

Life in the Pines

From Page 40

would have liked, five years sooner according to Tarr.

That’s sad, yes, but in his absence over the summer the OPPD apparently was riddled with divisiveness -- those pro and anti-Leo. The pro-Leo folks have for the most part left the department.

Nonetheless, a fresh start in managing the department is obviously warranted.

New Chief of Police Tim Robinson has his work cut out for him replenishing a depleted department and improving morale.

By all accounts he’s up to the

challenge.

As Passwaters and Cardamone told the Progress, the Sheriff’s Department continues to lend a hand to the OPPD, patrolling Ocean Pines during periods when help is most needed. Ocean Pines remains one of the safest communities in the state.

This is what redemption looks like. -- Tom Stauss tice shooting - to keep them tuned up or whatever the excuse is. Ehrisman has paid a price for some mistakes. He apparently retired from the OPPD sooner than he

CURRENTS

Plaintiffs contend no deed transfer needed to prove CCGYC owns Captain’s Corridor

By TOM STAUSS Publisher

It’s now become clear how the plaintiffs in the Birckhead et al townhome litigation intend to counter defendants’ argument that CCG Note and the Mariner/Hasting family retains ownership of a part of Captain’s Corridor that would serve the 142-unit project at the back entrance into Captain’s Cove.

It’s contained in an answer to interrogatories posed to the plaintiffs by the defendants, CCG Note (the developer/declarant), Aqua Virginia and Captain’s Cove Golf and Yacht Club.

The defendants have said that in order for the plaintiffs to prove that CCGYC owns the entire length of Captain’s Corridor, including the portion of it that abuts the planned town home parcel, it must produce a deed transfer or similar document applicable to Section 14.

The defendants have contended that no such document exists.

The plaintiffs in effect are saying it doesn’t matter.

“The Plaintiffs did not, and need not, produce a copy of a deed conveying CCG Note’s legal title to Captain’s Corridor to the Association in order for the Amended Complaint to be sufficient at law,” plaintiffs’ attorney Douglas Kahle writes in one of his responses. “The Plaintiffs alleged that Captain’s Corridor is one of the private streets located in Captain’s Corridor as it asks the Court to enjoin the Association and CCG Note from violating the Declaration by allowing CCG Note to use Captain’s Corridor as a public street to service its adjacent Hastings/Mariner project.

“As Captain’s Cove’s Successor Declarant, CCG Note is party to and contractually bound by the terms of the Declaration. Whether CCG Note has conveyed its title to Captain’s Corridor to the Association, or has retained title, does not matter,” he continues.

He argues that because Captain’s Corridor is

located in Captain’s Cove, and the Cove governing document called the Declaration states that all streets in Captain’s Cove are private streets, “CCG Note may not use any street in Captain’s Cove as anything but a private street for the benefit of Captain’s Cove, not for the benefit of CCG Note’s separate business venture.”

Even while contending that no documentation is necessary Kahle then says that he has produced documents demonstrating that Captain’s Corridor is one of the private streets located in Captain’s Cove.

One is a highlighted copy of the Captain’s Cove plat and the Declaration, which Kahle says “obligates the Declarant and its successors to convey ‘fee simple title to the streets’ to the Association.”

If CCG Note has not, in fact, conveyed title to Captain’s Corridor to the Cove association, Kahle cites a case which says that “equity treats that as done which ought to be done ... It follows that if CCG Note has not signed a deed conveying legal title to the Association as required by the Declaration, then the Association [nonetheless] holds equitable title” to the portion of Captain’s Corridor at issue, he asserts.

Kahle then cites the plat for Captain’s Cove which he interprets as indicating that the portion of Captain’s Cove abutting the townhome project is part of Captain’s Cove.

“The clear purpose in publishing the Captain’s Cove Plat on-line for existing and prospective property owners to see, is to represent to all concerned that Captain’s Corridor is one of the private streets located in Captain’s Cove,” he says.

In another response to a defendant’s interrogatory, Kahle deals with a 1973 action by the Accomack County Board of Supervisors in which it abandoned “public interest” in State Route 741, which became Captain’s Corridor.

As noted by the Kahle, “the [1973] Resolution states that State Route #741/Captain’s Corridor, is ‘totally surrounded by the land of First Charter Land Corporation up to its intersection with State Route No. 679’ (State Line Road). As seen in the Declaration, First Charter was Captain’s Cove’s initial developer and its first Declarant. CCG Note acquired First Charter’s assets, which would have included Captain’s Corridor, when CCG Note became Captain’s Cove’s Successor Declarant,” the attorney says.

The Plaintiffs also produced a copy of Captain’s Cove’s Declaration for Section 14, which contains the disputed portion of Captain’s Corridor, where it is stated in Subsection 11.A that “each street in the Sections or Subdivision designated on the plat is a private street”.

To Page 45

The CERT health and safety fair held in Captain’s Cove in mid-September provided tips for Captain’s Cove residents who attended.

The Bradford Model Elevation C offered by Gemcraft Homes. Single level living at its best. Featuring 3 BR and 2 full BA, open concept floor plan with an airy great room that adjoins the dining area and kitchen. Features include granite countertops, 42” cabinets, SS appliances, 9’ ceilings, and gas fireplace. The owner’s suite is spacious with walk-in closet and private bath. Two additional bedrooms, hall bath and laundry area complete the first level. Conditioned crawl space for extra storage. Deck 10x12.

Open to the Public

Captain’s Corridor

From Page 51

In response to the plaintiffs’ arguments, CCGYC Director Tim Hearn said that Kahle’s claims about Captain’s Corridor ownership is correct on the half of the road that borders Section 14. But on the half that borders the planned townhome parcel, Hearn said ownership resides with the Hastings/Mariner family and contract purchasers CCG Note.

That debate is one of several that the Accomack County Circuit Court will have to sort out.

Hearn also said that the plaintiffs are incorrect when their attorney asserts that the Captain’s Corridor is a private road in which access can be denied.

He said Captain’s Corridor is a privately owned road that is open for public use, and that CCGYC can’t legally prohibit the developer or future residents of the townhome project from using the road if it’s open to the general public.

He said the CGGYC could in theory erect gates at the two entrances to restrict access to CCGYC members and their guests and renters

Board approves golf rates for 2023-’24

New fees for guests for members adopted

As recommended by the Operating Committee earlier in the month, the Board of Directors in a Sept. 26 meeting approved member and public rates for the Captain’s Cove golf course.

With the return of in-house management of the golf course, the Board ratified “free” golf for members who walk the course, a long-standing practice that ended when Troon Golf assumed management of the course. With the termination of that relationship more than a year ago, and a licensing fee that was part of it, it’s now possible for the Board of Directors to include “free” golf to members who walk the course.

While there is no fee for walking the course, the approved fee structure for members includes an annual trail plan for those with their own golf cart at $400 for individuals and $600 for families.

Annual rates for members using Captain’s Cove Golf and Yacht Club carts are $700 for individuals and $1,000 for families.

only, but so could CCG Note on the half of Captain’s Corridors that is adjacent to the townhome parcel.

“So by that logic CCG Note could decide to block off all public access

The daily cart for members is $12 for nine holes and $22 for 18 holes of play.

The Board also approved an equipment rate for fling golf at $3 for nine holes, $5 for 18 holes, and club rentals at $15 for either nine of 18 holes.

Open to the public, the Captain’s Cove golf course charges non-member daily rates for walking at $20 for nine holes and $30 for 18. An annual walking rate for unlimited play is $700 for individuals and $1,050 for families.

The public cart plan for unlimited use of CCGYC carts is $1,400 for individuals and $2,000 for families. Daily cart rates are $35 for nine holes and $45 for 18 holes, including greens fees.

If a a public member who has purchased a walking plan wants to use a cart, the fee is $15 per nine holes.

A $10 fee is added on holidays and holiday weekends for walking and cart daily rates.

While tournaments generally are for members, To Page 47

to its half of Captain’s Corridor,” Hearn said. “The back entrance into the Cove would in effect dead end, unusable to CCGYC member, guests, renters and the general pub-

lic.”

He by no means was advocating this result but said that the Birckhead plaintiffs should be careful what they ask for.

Short-term rental fees approved

CCGYC member Lance Stitcher suggests Board should have taken more time to review Appeals Court decision

By TOM STAUSS Publisher

After a proposed $910 annual administrative fee for properties in Captain’s Cove that are rented out short-term (29 days or fewer) was tabled at a Board of

Directors meeting in August, the directors took another shot at the fee during their Sept. 26 meeting and came up with one with less of a sticker shock.

It’s actually two separate fees. The first is an annual service charge

of $100 per household to enter the program.

The second is a $35 charge per rental period, regardless of the length of stay.

The new structure had been recommended in a vote of the Operat-

ing Committee at its Sept. 18.

Since four directors serve on the Operating Committee and all four endorsed the new rate structure, its approval was virtually assured at the Board’s Sept. 26 meeting.

The new rates are based in part on the cost of administering the short-term rental program in Captain’s Cove.

It’s been calculated at $65 per hour in administrative cost to the Cove association.

Program application processes takes from an hour to an hour and a half, while per rental processing takes an average of a half hour.

During the Board meeting, three CCGYC members objected to the fees, with Lance Stitcher, a real estate professional whose business is based in Chincoteague, suggesting that a fair reading of state law precludes the Board from acting as it did.

He to imply that the new fee structure could result in litigation, questioning why “smart people” like those on the Board would take that

To Page 48

New golf rates

From Page 45

non-members who participate in them will pay the full public rate at minimum.

New this year is a category for guests of members. Guests must be playing within the same foursome of a least one members to qualify. The guest rates is $15 for nine-hole walkers and $25 for 18-hole walkers. Cart fees are $20 for nin holes and $30 for 18-holes.

The new guest rates represents a substantial savings over the 202223 rates.

For instance, if a member plays 18 holes with three guests in two carts, greens and cart fees would decrease from $212 to $112.

Also approved were rates for “public” children 12 and under, a 50 percent discount with a paying adult.

Member dependent children 15 and under can play free with a paying adult.

Long-term renters in Captain’s Cove with a copy of a lease can play golf at the same rate as guests of members.

Short-term rentals

From Page 47 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

At issue is how Section 55.1-1805 of the Virginia Homeowners Association Act should be interpreted.

It reads: “Except as expressly authorized in this chapter, in the declaration, or otherwise provided by law, no association shall make an assessment or impose a charge against a lot or a lot owners unless the charge is a fee for services provided or related to the use of the common area.”

Stitcher, a former CCGYC general manager, more than ten years ago, seemed to focus on the reference to common area, suggesting

that short-term rentals do not involve use of common area and that therefore the Board can’t impose fees on short-term rentals.

In a follow-up interview Stitcher cited a decision from the Virginia Court of Appeals overturning a decision from the Arlington County Court Circuit regarding fees imposed by the Palisades Park Homeowners Association.

The lower court ruled that imposition of an annual assessment that includes a fee for inspecting each property owner’s lot to ensure that it complies with Palisades’ rules was consistent with Virginia law.

The appeals court disagreed.

Stitcher highlighted a section of the Appeals Court ruling that he believes supports his contention that the CCGYC Board improperly imposed a fee on the owners of shortterm rentals.

“We conclude that this practice violates Code § 55.1-1805 because the assessment for lot-compliance inspection fees is not “expressly authorized” by Palisades’ declaration and the fees are not for services ‘relating to the common area.”

Stitcher told the Cove Currents

he was disturbed that the Operating Committee and the Board didn’t seem interested in reading the Appeals Court decision and considering it before approving the new fee structure for short-term rentals.

CCGYC officials say that Stitcher is improperly applying the Appeals Court ruling, ignoring the fact that the statute refers to two conditions under which a charge can be imposed.

They say that the Board can act to structure an annual application fee and then a per use fee because they’re charges for services provided as authorized under the statute, one of two conditions provided.

They say they need not show that the fees are related to the common area, as Stitcher appears to believe.

But a CCGYC source said that a short-term renter might access common area in the Cove and that consequently it’s arguable that the charges adopted by the Board are “related” to common area usage in addition to services provided for administering short-term rentals.

The CCGYC argument is that the presence of the word “or” means that only one of the two conditions need

to be met for the fees to be imposed.

The source said that the fees and their legal justification under the statute were presented to legal counsel and passed muster.

Another argument made by critics during the meeting is that the time spent in administering the short-term rental program is only made necessary because CCGYC decided to add a layer of regulation to what the county is already doing to control short-term rentals in the county.

Michelle Mathews-Kalinock suggested that the Board should hold off making a decision on the issue until more research on it had been conducted.

“This is very prejudicial against a very small group [of CCGYC members],” she said, adding that she would like “to see more data to back up” the fees.

No director responded to this argument, consistent with Board policy as enunciated by Vice President Mark Majerus, who presided over the meeting, that generally the directors won’t engage in debate with association members during Board meetings.

They’re free to offer opinions, but generally it’s only specific questions that might engender a response from directors.

Exceptions occasionally occur, but no director was willing to engage with the critics in the case of shortterm rentals.

The Cove Board adopted its shortterm program last year as a kind of compromise between those who wanted to ban short-term rentals altogether and those who preferred no regulation at all.

Former CCGYC President Tim Hearn said at the time that the Cove Board had no authority under state law to ban short-term rentals, a position he said Accomack County officials had adopted as well.

During the Sept. 26 Board meeting, the directors by a 4-0 vote (three abstaining) added a new Section 3.2 to the by-laws.

The new section gives CCGYC the right to impose a service charge “that is recommended by the PMT (property management team) and approved annually by the BOD (Board of Directors).”

Section 3.1 already gives the Cove association the right to impose a short-term rental permit fee on property owners.

The language reads: The Association reserves the right to require approval for an annual STR permit

Wolff counters perception that tax rates in Accomack County have risen 35 percent

Supervisor defends vote to approve townhouse project, reminds residents of two conditions that could sink the project if they’re not met

By TOM STAUSS Publisher

Ron Wolff, member of the Accomack County Board of Supervisors and a candidate for re-election this fall, at a constituents

meeting in Captain’s Cove Sept. 18 refuted “incorrect” perceptions that property tax rates in Accomack County have risen 35 percent.

Wolff, whose 20-year career on the Board of Supervisors has in-

cluded stints as chairman and vice chairman, told the Captain’s Cove residents in attendance that the tax rate per $100 of assessed valuation was .635 cents from 2017 through 2021 and in the 2023 and 2024 fis-

cal years dropped to 62 cents.

Wolff said that if actual taxes paid to the county increased 30 percent year-over-year, then it’s because the assessed value of the home soared during that same period.

He said that state law requires property reassessments every four or five years, but that Accomack County does it every other year throughout the county and created an in-house department to conduct the process.

When pressed by a voter that some residents on fixed incomes have had trouble paying the higher taxes resulting from higher property values, Wolff said there are programs available to deal with hardship situations.

“Maybe the thresholds for assistance can be tweaked,” he acknowledged.

He also said that property owners who believe their assessed valuations are too high can appeal them.

But the implied message to residents is that as long as property values in Captain’s Cove continue to increase, beneficiaries of that increase will be paying higher taxes that accompany higher valuations.

Wolff also tackled another issue that might be on the minds of some Captain’s Cove voters: The Board of Supervisors’ approval of rezoning and a conditional use permit in May of last year for a proposed mixed-use development with 142 rental townhouses and a small commercial area, on a 24.4-acre parcel at the intersection of Captain’s Corridor and State Line Road, at the back entrance into Captain’s Cove.

The approval followed on a vote of the county’s Planning Commission recommending approval of the rezoning to a village development overlay.

One condition is that no building permits are to be issued until the entrances on Captain’s Corridor are deemed to be lawfully established after review and approval by the county administrator in consultation with the county attorney.

More specifically, that means the ownership of Captain’s Corridor in the vicinity of the planned development has to be unequivocally in the hands of the developer, not the Captain’s Cove property owner association, known as Captain’s Cove Golf and Yacht Club.

Another condition says that, in the event Aqua Virginia, the utility that provides water and sewer service to Captain’s Cove, is unable to

COVE CURRENTS

Ron Wolff

From Page 50

provide water and sewer service to the townhouse development, the conditional use permit will be null and void.

The road ownership and water capacity issues are currently being litigated in Accomack County Circuit Court. A group of Cove residents is suing the developer, CCG Note, Aqua Virginia and CCGYC in part on the grounds that Captain’s Corridor is part of Captain’s Cove and that there is insufficient capacity to supply water to the planned development.

Knowing full well that his votes for the townhome project were not well received among some Cove voters, Wolff reminded those attending the constituents meeting that the conditions attached to the approval could sink the project should the plaintiffs prevail in court on those issues.

“If the road isn’t owned by the developer, there is no permit,” he said. “If Aqua can’t provide water (to the Cove and the townhome project), there is no permit.”

In a follow-up conversation with the Cove Currents, Wolff said that Cove residents should keep in mind that the Board of Supervisors added the two conditions.

“The planning commission didn’t include them,” he said. “We (the Board of Supervisors) added them.”

Previously, Wolff has said that the supervisors didn’t really have the power to deny the rezoning and conditional use permits if the applicant complied with all of the county regulations and procedures.

But he also said that the project could help with a dire need in the county for more housing, especially higher quality housing to serve the needs of employees at nearby Wallops Island Flight Facility and adjacent support businesses.

That same concern about a lack of housing in the county motivated a recent county decision to acquire the old Whispering Pines restaurant and banquet facility near Accomac. Now that the county owns the property, which it acquired at auction at a cost of $9,000, there is hope that the site can be sold to a developer and converted into housing.

“We feel confident that a developer will be able to help with a lack of housing,” he said, adding that housing is needed for new teachers and others who come to the county to work.

“Federal agencies can’t find housing for their employees,” he said.

Cove resident Tom Barton countered with an assertion that the developer should focus instead on building out the rest of the 4,000 lots in Captain’s Cove and not “get distracted by 145 townhouses.”

Wolff responded that the county isn’t in the development business and can’t dictate where developers focus their attention.

“We can’t twist their arms, that’s not a county function,” he said, adding that “145 townhouses is a start, it helps.”

Also in the area of taxation, Wolff

said the county can’t raise the sales tax, since it’s a state and not a county levy.

Wolff said that Accomack receives around 1 percent of what it remits to the state in sales tax, a relative pittance.

He said he doubted the state would increase the revenue-sharing of sales taxes with the county.

However, Wolff was more bullish on the transient and occupancy tax revenue paid by visitors to the county who stay in hotels, motels and related facilities.

“We do get a lot of that,” he said. “We get their money but don’t have

to provide a lot of services to them.”

In response to a question from resident Andy Zubko, Wolff said adding traffic lights at intersections where there are safety concerns would be difficult to achieve.

He added that public roads in the county are actually state-owned and maintained and the Virginia Department of Transportation has said that traffic doesn’t warrant traffic lights at any major intersection in Captain’s Cove, such as the entrances into Captain’s Cove at State Line Road.

One traffic light can cost in excess of $1 million to install, Wolff added.

Bad debt reserve expense drives $865,000 operating loss

Hearn calls it a one-time accounting adjustment that doesn’t affect CCGYC’s cash position

By TOM STAUSS Publisher

At first glance the August financial statement for Captain’s Cove Golf and Yacht Club for August, with one month remaining in the fiscal year, looks dire.

It’s posted on the CCGYC Web site in the meeting folder for the Sept. 26 Board of Directors meeting.

It shows an $865,046 operating loss through August, compared to a budgeted surplus of $359,720, for a negative variance of $1,224,766.

An analysis of the results indicates that the loss is almost entirely driven by a substantial overage in bad debt reserve expense, with general legal expense another significant driver.

The cumulative bad debt reserve as of the end of August was

$1,496,904, compared to the budgeted $719,125, resulting in a negative variance of $777,719.

On the recommendation of Cove auditors Rosen, Sapperstein and Friedlander, the Cove recently decided to shrink the number of days before a delinquent account is considered bad debt from 279 to 91. The auditors called the longer time period “too generous.” It shows up on the income statement, and its impact is significant.

Former CCGYC President and current Director Tim Hearn said at the time that the accounting change would make “real losses [accumulated so far in the 2022-23 fiscal year ending Sept. 30 look even worse.”

But he also said that it doesn’t actually have an impact on cash on hand.

It is now quantifiable by the neg-

ative variance in the bad debt reserve account of $777,719.

Actually, in the time following Hearn’s statement, other operating accounts have turned favorable, with food and beverage and other amenities performing well over the summer.

The exception is legal fees. Expenses related to the Troon litigation are $151,012 through August, compared to the budgeted $68,750, for a negative variance of $82,262.

General legal expenses are $136,345 through August, compared to the budgeted $38,500, resulting in a negative variance of $97,845.

Counter-intuitively, expenses related to member litigation, primarily the Birckhead lawsuit, are $21,797 through August, compared to the budgeted $68,750. That’s a $46,952 positive variance but prob-

ably an issue of timing.

Even so, when all three legal accounts are aggregated, the combined negative balance is $130,155.

Had bad debt and legal expense come in at budget or close to budget, there would have been no operating loss through August. There still would have been a negative variance to budget, but a relatively modest one.

CCGYC Director Tim Hearn said in a Sept. 28 telephone interview that the adjustment in accounting for the change in reserving for bad debts is a one-time occurrence, that it won’t recur in the 2023-24 fiscal year that began Oct. 1.

He also said that it doesn’t actually have an impact on cash on hand since it’s an adjustment on paper rather than an actual outlay.

“The change in the days that we need to reserve for has been incorporated into the approved budget for the new year,” he said.

That means that, all other items remaining more or less equal, that there should be no large operating fund deficit in the new year, Hearn said.

Operating Committee declines to recommend Board candidates

Odds increase that CCG Note won’t cast ballots in 2023 election

By TOM STAUSS

Publisher

At a Sept. 18 meeting, the Operating Committee agreed unanimously not to provide a recommendation for the allocation of CCG Note votes in the 2023 Board of Directors election. There was no vote as the decision was to take no action.

As four members of the Board sit

Bad debt reserve

From Page 52

CCGYC member Tom Barton suggested during the Member Forum portion of the meeting that to improve cash flow in the face of an operating deficit, the Board should consider changing the payment of annual dues from twice a year to quarterly.

on the Operating Committee, “they should not have a voice in the selection of future Directors,” Committee chair Mark Majerus said.

In lieu of an endorsements, the committee decided to recommend that “the Declarant, as well as all Class A members, review the submitted candidate biographies and listen to the recording of the Candidate’s Forum to make an informed

No director responded at the time to Barton’s proposal, but Hearn told the Cove Currents that it wasn’t a good idea, that it would hurt cash flow rather than improve it as Barton suggests.

“Instead of writing a check for half the dues in October, a member would write a check for a quarter of the dues,” Hearn said. “This would reduce cash flow when it’s needed.”

selection.”

The decision not to endorse candidates increases the odds that CCG Note, Captain’s Cove declarant/ devloper, will not vote its 1080-plus lots it owns in the election.

Back in June, Captain’s Cove Golf and Yacht Club director and former president Tim Hearn said it was possible that CCG Note wouldn’t vote in the election.

“If the working group doesn’t come up with candidates it recommends, then I would think that CCG Note would probably decide not to vote the properties that they own through Note,” Hearn said at the time.

A wild card in that assessment is whether senior members of the Property Management Team will also decline to make recommendations on which candidates to support.

If the PMT declines to weigh in, then it would improve odds that CCG Note won’t participate in the election. A PMT member declined comment when asked what the recommendation might be.

CCG Note deciding not to vote would be a significant shift in the way elections have been conducted since 2012-13, when Hearn and business partners took control of the Captain’s Cove Golf and Yacht Club’s Board of Directors with the help of the 2012 settlement agreement.

Although CCG Note directors no longer directly control the Board and no longer constitute a Board majority, the developer can still influence the direction of Cove governance by casting deciding votes in annual elections.

CCG Note owns about 1,100 lots that have Class B voting rights in CCGYC Board elections.

Backing away from that power could pave the way for candidates not necessarily favored by the developer to win a seat on the Board in the election now under way.

Even if CCG Note would bow out

Board adopts pool, marina rates

The Board of Directors adopted pool rates for guests of members and non-member renters and short-term rentals for 2023-24 during a Sept. 2 meeting. Also approved were marina slip rates.

The rates had been recommended earlier in the month by unanimous vote of the Operating Committee.

The pool rates are unchanged. The daily rate for guests remains at $5, a three-day pass costs $10, and

a seven-day pass costs $25. Those age for an under are free.

The daily rate for non-members who aren’t guests of members and short-term renters is $15, with a seven-day pass available for $75.

Long-term renters who can produce a copy of a lease can purchase an annual pool pass for $900. Marina Club slip rates have increased to $700 for the April through Dec. 15 season, or $25 per day for daily or overnight use.

CAPTAIN’S COVE CURRENTS Election

From Page 53 of this year’s voting, the complexion on the Board is not likely to change significantly.

That’s because there is only one three-year seat to be filled this year, along with the one-year alternate position.

That leaves six carry-over members who will be serving on the Board when election results are announced at the annual meeting of the association in November.

There are three candidates running to fill the three-year seat now occupied by George Finlayson.

He was the alternate director when he was appointed to fill a vacancy created by Roger Holland’s resignation. Finlayson was not interested in running for an elected term.

The candidates for a three-year term include David Felt, the current Board alternate director; Rosemary Hall, a former director seeking a comeback; and newcomer Richard Painter.

Hall and Painter are also running for the one-year alternate seat, along with George Guthridge and David Kieffer. The latter also is a former director.

Ballots and candidate biographical information were scheduled to be mailed to all members on Aug. 25.

To avoid some of the confusion that occurred during last year’s election season among some CCGYC members, the Property Management Team decided not to send out proxies to CCGYC with the ballots and biographical information this year.

Instead, proxies were mailed with the dues statement that will be mailed to members in early September.

That is the only change in the way this year’s election will be conducted, according to CCGYC secretary and director Pat Pelino.

Ballots will be collected and counted by the association’s accounting firm, Rosen, Saperstein and Friedlander, with results announced during the annual meeting.

Once the election results are announced, it will become clear whether CCG Note cast ballots for certain candidates.

If the winning candidates exceed 1,000 affirmative votes, it will be a strong indicator that CCG Note voted the 1,080-plus ballots that it is entitled to cast by virtue of its Class B ownership.

CAPTAIN’S COVE CURRENTS

OPERATING COMMITTEE MEETING NOTES

Amenity usage, revenue surge

A recap of amenity usage for the 2022-23 fiscal year shows surging revenue for Captain’s Cove Golf and Yacht Club through Sept. 10, with only a few weeks left in the year that ends Sept. 30.

Senior General Manager Colby Phillips, at the Sept. 18 Operating Committee meeting, displayed graphics that depicted summer activity for this year compared to last.

Short-term rental income at the pools totaled $66,095 this summer compared to $44,340 in 2022. There were 2,049 short-term rental visits this summer compared to 1,894 in 2022 from short-term renters.

Guests of members produced $23,036 in revenue at the pools this summer compared to $19,230 in 2022. Year-over-year guest usage dropped from 3,209 to 3,102.

At the Cove golf course, revenue for the year through Sept. 10 totaled $152,930, including $17,743 for resident carts, $11,373 for public carts, $35,849 in resident green fees, $34,277 in public greens fees, $26,785 in resident memberships, and $9,688 in public residents.

There were 9,601 resident cart rentals, 1,618 public cart rentals, 12,442 resident greens fees paid, 1,730 public greens fees paid, 61 resident memberships sold, and 15 public memberships sold.

In the fiscal year that begins Oct. 1, CCGYC members will not be required to pay greens fees or to purchase memberships to play the course, as access to the course is included in the annual dues. Carts, however, will require payment prior to play.

Wilder reports on ECC activity

There have been 49 applications submitted to the Environmental Control Committee since mid-May, including ten for new construction, General Manager Justin Wilder reported. Of those, four were denied and seven are open cases with the applicants. Three were unprocessed, waiting to be scanned.

Wilder also announced that two separate foreclosure sales will be scheduled for early next year, representing two batches of 60 lots each whose owners are in arrears on annual assessments. Those numbers could decrease as owners pay off their arrearages or enter into payment plans.

Costello reports on compliance issues

Director of Operations John Costello disclosed that there have been 405 compliance issues so far this calendar year, including 174 involving the condition of driveways, 70 instances of uncovered propane tanks, 31 short-term rental complaints, 37 junk vehicle violations, and 26 involving the height of lawns.

“It’s a lot of violations in nine months,” he said, “too many.” He said it’s the job of residents and the CCGYC management to keep the community looking as good as it can be.

Costello said his staff soon will be doing a sweep of the community looking for garbage cans stored within view of the street.

“Garbage cans can’t be seen from anywhere,” he said.

Operating Committee Chairman Mark Majerus reminded members that receiving a violation notice “isn’t the end of the world,” that there is time to fix the issue before a second notice is issued. If a violation remains after the second notice, the issue comes before a tribunal of Property Management Team members, who can impose a fine for the violations. An appeal to the Board of Directors is possible under the Cove’s compliance procedures.

Majerus said that members members with outstanding compliance issues can still vote in the annual Board of Directors election if they’re current on their annual assessments as of Sept. 30.

Time for committees to submit applications

Groups that want to operate as official committees of the Captain’s Cove association should file a short application as soon as possible, Phillips said. It makes the committee eligible for some funding support from the association, though support is not guaranteed.

Last year around this time, several groups that traditionally had functioned in the community didn’t submit the paperwork in time.

Phillips also announced that the independent audit of CCGYC financials for the 2021-22 fiscal year, delayed because of the forensic audit that took place because of the Troon litigation, should be completed by Nov. 1. The Cove’s auditing firm is Rosen, Saperstein and Friedlander.

Majerus recaps working group activity

Majerus recapped recent activity of the working groups established to deal with specific issues facing the Cove.

He noted that the waterfront group had recommended a $500 waterfront rate for the new fiscal year, that electronic voting will require a by-laws change if it’s to happen in Captain’s Cove, and that a working group is looking at four to five possible locations for future cluster mailboxes.

The road improvement working group is identifying those roads that will be transitioning from unpaved to paved, including Starboard Street, John Silver Drive and Seaview Street.

Majerus said the group is “trying to plan to put capital to these areas,” noting that road paving will be impacted the ongoing non-tidal wetlands delineation by the U.S. Army Corps of Engineers.

A working group set up to establish vendor/contractor restrictions will be establishing rules that will need to be presented to counsel before they’re voted on by the Board.

“We don’t necessarily have to allow a contractor who doesn’t respect us” to operate within the Cove, he said.

Majerus said a working group set up to review the status of the annual directory had agreed to continue it after the publisher waived the mailing expense for this coming year.

He also said that a playground plan would be developed by a working

BOARD OF DIRECTORS MEETING NOTES

During the Sept. 26 Board of Directors meeting:

• Cove association member Larry Berger suggested that the meeting agenda for Board meetings should be posted on the Cove Website sooner than was the case for this meeting. He said for a long time agendas were posted up to a week prior to meetings and that “a hat tip for transparency” would mean earlier postings.

Cove association Vice President Mark Majerus said the agenda had initially been posted on the Friday before the Monday Board meeting and had undergone a number of revisions before a final version was posted on the day of the meeting.

Berger said he had checked the Website over the weekend and “didn’t see” the agenda posted.

Majerus didn’t engage further with Berger.

• CCGYC member Tom Barton suggested that with the $860,000 operating loss reported at the end of August, a deficit he attributed to timing issues, it might help Cove finances if instead of sending out invoices for dues twice a year the Board should consider authorizing quarterly payments.

“It would help cash flow and help members,” he said.

No director responded to the suggestion.

• The Board authorized the sale of a Cove-owned lot, Section 3, Lot 1275, on Captain’s Corridor at a cost of $5,000, the same as the lot’s appraised value.

The sale passed 4-0, with three abstentions, typical for most of the votes during the meeting.

The two CCG Note representatives on the Board and Tim Hearn were the abstainers.

• In addition to affirming a number of previous by-laws changes and consolidations to community rules, the Board voted 4-0 with three abstentions to eliminate any reference to Covid-19 in community rules.

• The Board approved a number of capital expenditures for 2023-24, including not-to-exceed $25,000 for both new and replacement pool furniture, $10,000 for a Zero Tine s/b Turn Mower, $12,000 for fitness equipment including a fitness bike and a fitness machine, both replacement items.

• The Board rejected a request for a political sign on association common area.