During the late August meeting of the Ocean Pines Elections Committee, members voted to provide both paper and online voting options for property owners during next year’s elections. It also voted to stay with MK Elections of Pittsburgh, Pa., as the vendor.
The vote amounts to a recommendation. The final decision rests with the Board of Directors, which has a history of deferring to the committee on such matters.
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Two-sport member option proposed by racquet sports clubs
Karen Kaplan, president of the Platform Tennis Club, attended the Sept. 25 Budget and Finance Advisory Committee meeting to propose the addition of a two-sport membership.
Kaplan was joined by Donna Frankowski, president of the Pickleball Club.
The two attended the meeting as representatives of the racquet sports community.
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INSIDE TRACK FOR MATT ORTT COMPANIES?
New food and beverage contract out for bids
RFP asks bidders to submit proposals for a conventional commercial lease, including monthly rent and a percentage of revenues, but fine print allows potential vendors to submit their own financials proposals
BY TOM STAUSS Publisher
General Manager John Viola seems intent on managing a process to consider, in a fair and above-board manner, competing proposals for the management of three Ocean Pines Association food and beverage venues.
That means he wouldn’t be biased in favor of the current vendor, the Matt Ortt Companies, when it submits a proposal in response to a re-
NEWS ANALYSIS
quest for proposals for the management of the three venues. The RFP calls for a five-year management contract.
There nonetheless is speculation in the community that MOC has the inside track on a new contract.
One source with insight into the OPA’s relationship with MOC told the Progress that MOC would most likely win the contract but only if
the vendor is willing to take a “haircut” in its share of revenues earned at the Ocean Pines Yacht Club, the Clubhouse Grille and the Ocean Pines Beach Club.
How much of a haircut the source didn’t say. Probably because this early in the process, it would be sheer speculation.
Responses to the OPA’s RFP issued on Sept. 17 are due back to Viola on Oct. 18, followed by a staff
Food and beverage
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review of proposals Oct. 18-15, and a recommendation presented to the Board of Directors Oct. 26.
Details of the existing MOC contract have previously been published in the Progress. MOC earns five percent of banquet revenues, from weddings and similar events. This drops to two percent for banquet or similar events that are generated from within the OPA.
After a guaranteed annual management fee of $200,000, the current two year contract includes bonus incentives for exceeding $190,000 in combined profit at the three venues. When that happens, OPA and MOC share in the excess profits 50-50.
All of these components resulted in MOC earnings of more than $500,000 in the fiscal year that ended this past April 30. According to the 2024-25 audit report available for review on the OPA Website, all three venues combined for $4,709 million in total revenue for the fiscal year that ended this past April 30.
That’s a little more than 10 percent of gross revenues that MOC
earned for managing these venues for the OPA last year.
That there is support for MOC obtaining a new five-year management contract among the seven OPA directors is documented. In addition, the chair of the Budget and Finance Advisory Committee, former OPA Director and President Doug Parks, recently made it clear that he wanted MOC “to remain in Ocean Pines” after the conclusion of the RFP process.
He made that declaration of support during the Sept. 25 meeting of his committee, later clarifying that he was in full support of the OPA soliciting competing proposals for management of the three venues. He added that the decision on a new contract was not “going to a [community] referendum,” and that in any event it would be a Board decision on which proposal to accept.
Viola and involved staff will be making a recommendation to the Board, a process that wouldn’t ordinarily involve the B&F committee.
Parks suggested that his personal view would not be dispositive or even that influential, as he was one voice among 8,500 property owners.
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Former OPA President Rick Farr, during his campaign for reelection, made it clear that he supported a contract extension for MOC, presumably without a formal RFP process, but the Board consensus later was to proceed with one, after OPA General Counsel Bruce Bright highly recommended it to comply with OPA governing documents.
Five-year professional service contracts with RFPs issued every fifth year are the norm in Ocean Pines.
Newly elected as OPA vice president, Farr has not publicly deviated from his comments that make it clear he’s an MOC supporter.
In an article in the September edition of the Progress, new OPA President Stuart Lakernick says that “We (the directors) have heard nothing but rave reviews of his [Matt Ortt] management all three of our food outlets. We want to continue that process and that relationship.”
That point of view might have been the prevailing sentiment before Bright weighed in, and still might be. Even so, a source told the Progress that Viola was surprised
that the directors, in a closed executive session last month, agreed to an RFP process.
Viola seems to be in the camp of wanting to consider multiple proposals, even if MOC is eventually awarded the contract, and it’s that opinion that prevailed when the Board decided to authorize issuance of a request for proposals.
The RFP issued on Sept. 13 included language that seemed to suggest that the current financial arrangement between the MOC and OPA might be adjusted in a new contract.
The RFP set out a requirement that an applicant submit a proposal to lease the three venues for a monthly rental fee and also offer a percentage of revenues, gross or net was not specified, to the OPA. Such an arrangement is a standard feature of many restaurant commercial leases, in which the restaurant operator does not own the building.
There was, however a caveat. The RFP offers the option of alternatives at the discretion of the prospective vendor.
The RFP says that “RFP respond-
Food and beverage
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ers may propose any financial/compensation structure deemed appropriate by the RFP responder, and OPA will give due consideration to the proposed structure.”
The added flexibility would seem to be of some assistance to MOC as the review process unfolds, as a conventional restaurant lease would be a significant deviation from the current financial structure, which doesn’t include a lease or a guaran-
teed monetary return for the OPA.
According to the RFP, MOC or any prospective management company is free to propose a new fiveyear contract that adopts key features of the current contract, which has produced consistent food and beverage profits for the OPA during the MOC tenure.
There’s also a cryptic reference to a “hybrid scenario” that a vendor might propose. It’s not defined, but it could be that the OPA is inviting applicants to submit proposals that combine features of a conventional
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commercial restaurant lease and the profit-sharing incentive of the current contract.
The RFP specifically says that the “proposal shall include a revenue proposal, or any hybrid scenario that [the applicant] propose[s], for the five years of the proposed contract on annualized basis.”
By annualized, the RFP asks for revenue projections for each year in the contract, with a blank line where the applicant is supposed to insert Year One through Year Five revenue estimates.
OPA announcing the release of the RFP said the “selected manager will be responsible for the complete operation of these facilities, including food and beverage services, janitorial services, banquet functions, specials events, and any other related actives.
Questions from potential respondents were accepted through Oct. 4.
The RFP says that proposals must include a detailed operational and business plan for managing the facilities, including:
• Operational business plan and quantified financials.
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That formulation might be construed to favor MOC, as it has the experience of operating these venues over the past five years, including the tumultuous covid years, and might have greater insight into what these venues should realistically generate in revenue during those five years.
Competing vendors might have to estimate revenue based on published financial reports available on the OPA Website.
It conceivably would be a challenge for MOC, or any other prospective vendor, to propose a return for the OPA during the life of the contract.
A press release issued by the
• Management Approach: Description of how you will manage the facilities, including staff structure, training, and quality control.
• Menu and Pricing Strategy: Proposed menu with pricing, and how it will cater to the community.
• Banquets and Events Plan: Approach to booking, pricing, and executing events.
• Facility Maintenance Plan: Outline your strategy for maintaining the provided equipment and overall facility cleanliness.
• Entertainment Schedule, a plan for live entertainment at the Yacht Club, in compliance with RFP stipulations.
Elections Committee votes to continue hybrid voting system
Recommends that the OPA renew MK Elections to manage sending out and counting of ballots
By CINDY HOFFMAN
Contributing Writer
During the late August meeting of the Ocean Pines Elections Committee, members voted to provide both paper and online voting options for property owners during next year’s elections. It also voted to stay with MK Elections of Pittsburgh, Pa., as the vendor.
The vote amounts to a recommendation. The final decision rests with the Board of Directors, which has a history of deferring to the committee on such matters.
During the meeting, member Cheryl Jacobs proposed going back to paper ballots only.
“I think there is a sentiment in the community for doing that. I think there is a positive in terms of the finances associated with it,” she said.
Jacobs referred to conversations on OceanPinesForum.com that raised concerns about online voting.
The site’s owner and administrator, Joe Reynolds, has been an advocate for paper ballots only for quite some time, but a majority of Board and committee members have moved on to support a hybrid system of both online voting and paper ballots.
Election controversies in recent elections have always involved paper ballots.
“Paper was always the problem in the past. Electronic voting works,” committee member Ken Petrini said.
Steve Ransdell, the chair of the committee, said he was initially against online voting, but said he has become a big believer.
“People who voted that way were able to cast their ballot in less than 40 seconds,” he said.
During the annual meeting, Ransdell noted that 27.7 percent of votes were cast online.
“Clearly, a large portion and a growing portion of our membership likes the online voting option,” he said. “A large number of folks are being served and online voting does save the association money” because it saves on paper and postage because there are no ballots returned via mail.
One problem with voting in the past was that people who owned multiple lots were not able to cast votes for each lot. That problem was not just an issue for online voters.
That has since been rectified for both online and paper ballots.
“[In this year’s election], we ensured that every lot gets its own ballot,” Ransdell said.
Another concern voters have is that online voting could not be audited.
Committee Patric Lehnerd disputed that. “We have a record of each ballot and who they voted for, but we cannot match them up to people.” This ensures the confidentiality of the vote.
Ransdell confirmed that was the same with paper ballots.
“There was no evidence of a failure of [online voting] in this election.” Petrini said.
The committee members also reviewed lessons learned from the recent elections.
It was noted that the email with the link to the electronic ballots arrived after the paper ballots. It was decided that the paper ballots should have
Committee recommendations
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a one to two day head start before the electronic ballots go out.
It was also agreed that candidate photos and bios be included in the email, as they are with the paper ballots.
Members also agreed to clarify voting information, including drop box locations, deadlines and contact information.
One big issue that continues to plague the committee is that many property owners have not updated their contact information with the Ocean Pines Association administration, which is critical to ensuring paper ballots and electronic ballots are received by all property owners.
Up-to-date email addresses also ensure that the vendor can send out emails to voters indicating that their ballots have been received.
The committee agreed that it was important to conduct an outreach effort to property owners before next year’s election to educate them on the importance of updating their contact information.
The committee also decided to move the cutoff date for ballots to one week before the count to provide flexibility in getting ballots to MK and to move the announcement of the winners to the annual meeting.
That decision, too, would need to be ratified by the Board before it can go into effect.
Committee chair explains temporary storage of election materials in his garage
Defends former chair from claim that his committee was a ‘sham’
By TOM STAUSS Publisher
There was some mildly disconcerting comments made during the Elections Committee’s late August meeting, which mostly dealt with a discussion over whether to continue hybrid elections - online voting and paper ballots.
It was revealed during the meeting that election materials including paper ballots at the time were being stored temporarily in the garage of the committee chair, Steve Ransdell, who later told the Progress he wouldn’t do that again.
MK Elections, the Pittsburgh company that handled the election for the Ocean Pines Association this summer, shipped the materials to Ransdell at his Sykesville, Md., home rather than to the Administration building, at Ransdell’s request.
The materials were temporarily stored in his garage in his Sykesville home until Ransdell, who isn’t a full-time Ocean Pines resident, traveled to Ocean Pines, where he dropped off the materials to the Administration building and made sure they were stored in the proper place.
“It’s a brand new committee, and I didn’t want to offload handling of the materials to one of the new members,” he said. “So I decided to handle it myself” in the way that he did.
Ransdell said that next year he will instruct the vendor to send election materials directly to the Administration building and alert staff to their pending arrival so they can be taken to the secure storage area.
He conceded that there will be critics who will “stir the pot” and allege that the chain of custody of the ballots was compromised this To Page 9
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Committee recommends change in 35-day voting eligibility
Also suggests nixing the ‘observable count’ requirement in the OPA by-laws
By TOM STAUSS Publisher
The Elections Committee’s report on the 2024 Board of Directors election was posted on or before Oct. 1 and contains several recommendations for changes in the election process next year.
One recommendation is for the committee to coordinate with the By-laws and Resolutions Advisory Committee to adjust the 35-day eligibility date for voting or to change the date of the annual meeting from the second Saturday of August.
The other is to eliminate the observable count requirement that is part of the by-laws.
Both recommendations would need to be approved by the Board before they could be implemented in the 2025 Board election.
The 35-day requirement refers to a provision in the by-laws that say that in order to be eligible to vote,
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year.
“I’m an open book, that’s what happened,” he said. But he said the temporary storage of election materials in his garage in Sykesville didn’t in any way compromise the integrity of this year’s election.
“The election was certified by then, with no one questioning the outcome,” he said.
Also at the meeting, member Kenneth Petrini mentioned that he thought the committee under the previous chair, Tom Piatti, was a “sham,” which did not elicit any debate at the time among committee members. Petrini did not explain his comment.
Ransdell told the Progress that in no way was the committee a sham under Piatti’s leadership. Piatti resigned just as the 2024 Board of Directors election was under way because he was moving out of Ocean Pines.
“Piatti acted with integrity as chair, and the committee that was in place after he resigned executed the plan for this year’s election that Piatti had developed with the old committee,” Ransdell said. “In no way was this a sham.”
a member must be in good standing -- paid-up assessment and no outstanding violation of OPA governing documents or rules and regulations -- 35 days prior to the annual meeting, normally held the second Satur-
day in August.
For the 2023 election, according to the committee report, that date was July 6 and the annual meeting was scheduled for Aug. 11. It was later postponed two weeks to accom-
modate the late arrival of ballots.
The report did not mention the dates for the 2024 election or what challenges occurred during this year’s election because of the allotted 35 days. But clearly the committee believes the 35-day requirement is too compressed.
“The point here is that election materials cannot be mailed prior to the thirty-five-day cutoff,” according to the report. “Thirty-five days may have been sufficient in the past
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when the USPS was reliable and [the Ocean Pines Association used] a local printing contractor to print, mail and pick up envelopes from a local post office, besides volunteers to count ballots, but today, 35 days is insufficient.”
The committee recommends that “our documents be revised to provide ample time to process election documents.”
The report also said the committees finds “that the requirement for remote observation of the ballot count unnecessary because ballots are electronically machine read and disputed ballots are set aside and adjudicated by humans. Moreover, and as experienced during the 2022 election, there was no way to observe electronically submitted online ballots.”
The same was true in 2023 and 2024 and will likely be true going forward.
The report said that the remote observation requirement shrinks the number of contractors that would be able to manage the Ocean Pines election process. That may less of a concern now as the committee, in a meeting in late August, voted to recommend the rehiring of MK Elections of Pittsburgh, Pa., to manage next year’s election for the OPA.
The report listed a series of “lessons learned” during the last election:
• Electronic email of election materials should be sent after paper ballots have begun to be delivered in Ocean Pines.
This year, e-mail of election materials occurred almost two weeks before the paper ballots arrived.
• Electronic materials must include a link to candidate photos, bios and statements.
• Materials must explicitly state the drop box location [the Ocean Pines police station], and the deadline [for dropping off ballots].
• Packaging requirements for dropped-off ballots [should be clarified]
• MK Elections contact information [should be removed] from ballots
• Better clarity of voting information [is needed], [such as] drop-box location and deadline, only voting one way [paper ballot or online], [and] ways to contact the Elections Committee
• Deadlines for online voting and paper [ballot] voting [should be] coordinated with MK [Elections]
• Desperately need a campaign to educate voters to update OPA records [e-mail addresses on file]
• Drop-box cut-off [should be moved up] at least a week earlier to [allow more] time to ship ballots to MK [Elections]
• Final UPS drop-off at Staples [should be] 4 p.m., a reference to the West Ocean City business where the OPA dropped off dropbox ballots for overnight shipping to MK Elections
• Reminder emails with MK Elections [should be reviewed to eliminate] mixed messages, discrepant closing times, etc.
Another last item in the list needed some clarification.
It read: “Secret ballot envelope said to place all ballots in the envelope.”
The “secret ballot” envelope refers to the envelope in which a filled-out ballot is placed before it’s mailed back for counting. In four instances in the 2024 election cycle, owners of multiple properties placed all of their return ballots in a single envelope.
They were all counted, committee chair Steve Ransdell told the Progress, but next year the election materials should make it more clear that only one ballot should be placed in a return envelope.
The report then went into greater detail on lessons learned during this year’s process.
It said that initial mailings should indicate three ways of voting: on-line, by mail [paper ballot] and by dropbox [paper ballot].
“There was some Internet chatter that the dropbox was not publicized,” the report said.
The committee also suggested that some consideration should be given on “whether we need to clarify” the meaning of a “single mailing” to include the ballot and candidate biographies and that “an e-mail as to online voting will be sent at the same time as the [paper ballot] mailing.
“The fact the email is received first is not in violation of our rules,” the report said.
Even so, the arrival of an email promoting online voting well before paper ballots arrived in local mailboxes did raise questions about timing.
The report also contained some suggestions on how to eliminate one of
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this year’s glitches, when, on the day of the vote count, MK Elections displayed the election results on-screen before public adjudication of ballots occurred.
The committee needs “to make sure we have disclosed our processes to the vendor. Our vendor may very well be used to elections where they do everything and disclose the results to the board.
“This may have created confusion [prior to] ballot adjudication,” according to the report, adding that the committee needs to make the vendor aware of who is watching the video.
“They can’t be expected to guess whether or not it is public,” the report said.
This year’s adjudication process was public, available for viewing by any OPA member at home or on a large screen at the Golf Clubhouse meeting room where Elections Committee members were present.
The report said the committee needs to clarify to the vendor whether the whether the counting process
is public or in an executive session.
“I don’t think there was a public link to the second call we had scheduled to certify. It turned out we did it in one call because the results were known [resulting from the inadvertent display of results prior to adjudication],” the report said, with Ransdell, the report’s author, using the first person reference to himself.
“The process should be that no results are released to the committee until after adjudication of ballots,” according to the report. “The margin this year made it [premature disclosure of election results] irrelevant, but we had a large number of defaced ballots [needing adjudication].”
The committee suggested building in more time into the schedule, such as closing off the dropbox earlier and “giving us [more] time to adjudicate and certify.”
The report suggested that election results could be announced on the day after the official vote count, but did not offer a reason why that would be an improvement over the practice of announcing results on the same day as the count.
Of all the committee suggestions,
this one is the one most likely to invite push-back from members who don’t want to wait for election results.
The committee also is recommending that clear instructions be posted on the OPA Website if a member “did not receive a ballot, received a ballot missing something, did not receive an email, etc.”
The report said the instructions should advise members to include contact voicemail and email and “a reminder the owner is responsible for making sure OPA has the right address and email. It would be helpful to be able to point to this on the Web when the inevitable questions come up on Facebook and Forums and such.”
The report also addressed confusion for some voters caused by the inclusion on this year’s ballot of a barcode, which some members apparently thought would identify them and how they voted in the election.
Not so.
“The barcode identifies this ballot as [intended] for the OPA Board of Directors [election]. All ballots have the same bar code. It in no way identifies the person casting the ballot,” according to the report.
Some voters cut off the barcode before sending in the ballot, which could have voided it in this year’s election because of rules that defaced ballots need not be counted.
“We counted them [defaced ballots] as an induced error [by the committee this summer] but we should correct the misunderstanding going forward,” the report said.
Next year, similarly defaced ballots probably won’t be counted.
The committee then included some other instructions to voters it hopes will be followed next year.
Owners of multiple lots were again advised to place no more than one ballot in a return envelope if voting by mail or dropbox.
For voters who fill in a circle on the ballot for a candidate in error, and then try to cross it out or otherwise obscure a candidate’s name, “your vote may not be counted unless the Elections Committee can ascertain your clear intent.”
To avoid the possibility of a voided ballot, the committee suggested voting online or requesting a replacement ballot.
The report reiterated the policy
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and practice of not counting duplicate ballots.
“Your vote is final once received and cannot be changed. If duplicate votes are received, only the first is counted.
The check for duplicates is done by the third-party vendor and duplicates removed without identifying the candidate voted for, the report said.
This year, according to the report, the committee did not mail documents to eligible and ineligible members on the same day.
There were 884 sent to ineligible members and mailed in advance, resulting in 108 members resolving their ineligibility and who were later mailed ballot envelopes.
The committee recommended retaining this practice, as it encourages members to rectify outstanding issues such as past due assessments while encouraging member to vote.
Also endorsed was continued use of the police station dropbox.
The 2024 election was accom-
plished at the cost of $19,950.22, according to the report.
There were 7,487 ballots printed as of June 19, with 296 additional voters added during the election.
There were 122 ballots returned by USPS as undeliverable.
There were 37 voters who were mailed replacement ballots, with one voter receiving two ballots, for a total of 38 replacement ballots.
There were 3,286 ballots received, 2,359 by mail and 927 voting online.
There were 14 replacement ballots received.
According to the report, 33 members voted both online and by paper ballot, 22 of those voting first online and 11 voting first using a paper ballot.
Those were the ballots that were counted.
There were 15 voters who returned ballots with no ID. These were not counted.
Four multiple ballots with one credential were not counted.
There were three envelopes received containing no ballots.
There were 3,282 ballots counted during the 2024 election.
Two-sport membership option proposed for racquet sports
Club presidents meet with Budget and Finance Advisory Committee to pitch discount idea
By CINDY HOFFMAN Contributing Writer
The Racquet Center is a hive of activity in Ocean Pines, with tennis, Pickleball, and various platform sports being played regularly.
There are currently 455 individuals or families that have memberships at the center, with two main options, either a single sport membership or a discounted three-sport membership.
Karen Kaplan, president of the Platform Tennis Club, attended the Sept. 25 Budget and Finance Advisory Committee meeting to propose the addition of a two-sport membership.
Kaplan was joined by Donna Frankowski, president of the Pickleball Club.
The two attended the meeting as representatives of the racquet sports community, with the support of Terry Underkoffler, the director of Racquet Sports.
Kaplan and Frankowski proposed a 25 percent discount for a twosport membership.
Currently, the three-sport membership that’s available provides a 36.6 percent discount for individuals and a 38 percent discount for families (defined as two adults living in the same household and dependent children ages 5-17 and college students up to 22).
The two-sport membership would include pickleball plus tennis, pickleball plus platform sports or tennis plus platform sports, including timeless tennis, spec tennis and platform tennis.
Kaplan suggested that tennis and platform sports will attract more pickleball members and hopefully increase membership revenue with the two-sport membership. More one-sport players might be inclined to try another sport if the second sport is discounted, Frankowski said.
The two-sport membership would “encourage community amongst the players of the different sports and bring the racquet center together,” Kaplan said.
Last year, the Board of Directors was on a path towards one umbrella membership only that would cover all of the racquet sports, but players protested and the membership structure was not changed. A three-sport option continued to be offerred.
Kaplan shared data with the budget and finance committee that To Page 16
‘Sunsets and Cocktails’ proposal still alive
Aquatics committee members hopeful that Bright will reverse opposition
By CINDY HOFFMAN Contributing Writer
For two years in a row, the Ocean Pines Aquatics Committee has asked the board to approve a Sunsets and Cocktails event at the Yacht Club pool. Both years, Bruce Bright, legal counsel for the Ocean Pines Association Board of Directors, has nixed the proposal out of concern that it could be considered an adults only event and leave OPA open to possible lawsuits.
OPA President Stuart Lakernick, the committee’s former Board liaison, asked Bright to attend the September meeting of the Aquatics Committee to answer questions and clarify his reasoning.
But Bright turned the tables and was the one asking the questions.
“I am always reticent to go into depth on legal opinions in a public forum,” Bright said, saying that legal advice is protected by attorney-client privilege. He would not answer questions from the committee.
“I am not in a position to answer your questions until I consider the answers to my questions.”
Bright did not seem to know much about the Family Fun Night, a monthly event held during summer months at the Yacht Club that caters to family and kids and provides food and a DJ spinning youth friendly tunes for families after normal business hours at the pool.
Attendees are charged to participate at $3 for swim club members, $5 for residents and $7 for non-residents. Only those swimming pay the fee.
Members of the Aquatics Committee explained to Bright that hot dogs, hamburgers and sodas are available for purchase at the pool during this event and alcohol drinks are available from the Yacht Club tiki bar.
Committee members said they understood Bright’s concern with their first proposal in 2023, when they asked for an adults only event. Their recent proposal made it clear that this was not an adults only event, that it would be open to everyone, just like the Family Fun Night. But the music and food would be more appropriate for older adults. They also said that the charge for the event would be similar to the charges for the Family
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Kaplan and Frankowski believe that many of those three-sport members only play two sports.
1,595 showed 92 percent of the members have a one- sport membership. Eight percent hold a three-sport membership.
A junior and evening play membership would be phased out, based on this proposal.
Committee members were inter-
Fun Night, to cover the costs of the life guards, other staffing, and a DJ.
“This is a way to allow a segment of the community that does not have any events tailored to them to go out and enjoy an evening with similar people,” Gary Miller said.
Miller expressed that nothing in the document provided by Bright seemed to indicate a true legal reason not to have the event.
While the conversation was cordial between all parties, Bright stated he was not going to quarrel with members in a public forum.
“It’s not my job and not serving the interest of the board or the association to debate the issue publicly like this.”
“I hear you. I understand your points. You have answered all my questions. I will advise the board accordingly and maybe at that point, my opinion will be public.”
Bright said that it was possible he would be able to provide an opinion to the board before the September board meeting.
If he did provide the opinion, it was not announced during the meeting. The topic was not brought up for discussion.
Normally, such a discussion would be initiated by the committee’s Board liaison, which had been Lakernick this past year.
But Director Rick Farr has taken over the role of liason, and he had not met with the committee prior to the September Board meeting. If the committee is able to turn Farr into an advocate, chances of approval increase. Lakernick was not an advocate, deferring to Bright.
Miller expressed a desire to hear Bright’s opinion soon so the committee can start planning dates for next year.
As a follow up, Miller sent Bright information on Family Fun Night as well as an explanation of what music and activities are available for kids and families.
“We are hopeful that once Bruce understands how that event works, he will be more open to agreeing that our proposed Sunsets and Cocktails event would work in a very similar fashion [to the Family FunNights] and especially that everyone is welcome to attend,” Miller said.
ested in the proposal. Committee Chairman Doug Parks suggested that Kaplan and Frankowski conduct a survey of racquet sports members to get their feedback on the two-sport membership option.
As the budget process for the next
fiscal year moves forward, Underkoffler will include the two-sport option in his proposal for the Racquet Center, which would be evaluated by General Manager John Viola and if Viola agrees, then brought to the Board for its approval.
Tiffany Knupp’s day in court
Mother of Ocean Pines teen killed in a July 2022 accident takes Alford plea in embezzlement case
By CINDY HOFFMAN Contributing Writer
Tiffany Knupp, mother of 14-year-old Gavin Knupp, who was killed in a hit and run on July 11, 2022, appeared in Worcester County District Court on September 24 to face nine charges of embezzlement and theft of funds from the Gavin Knupp Foundation, an organization she founded in honor of her son.
The trial was over before it began as Knupp took an Alford plea, which is a special type of plea by which the defendant does not admit guilt but concedes that the State has sufficient evidence to convict.
Judge Daniel Mumford agreed that the Alford plea was appropriate in this case.
If not for the plea, she could have faced a maximum sentence of five years. She waived her right to a jury trial, which would have been held in circuit court.
Under the plea deal, Knupp agreed to pay $6500 in restitution to the Gavin Knupp Foundation. She handed over a check for the full amount while in court.
She also agreed to submit her resignation from the board and all positions on the foundation and remove her name from any bank accounts related to the foundation. She was sentenced to one year of unsupervised probation.
The remaining charges are being placed on an inactive docket. A fine of $500 was suspended by the judge. Knupp paid $57.50 in court charges.
As part of the plea deal, the foundation board will dissolve the organization and the remaining funds must be donated to other appropriate charities. Knupp is not allowed to be involved in how the funds will be distributed.
Knupp was accused of using foundation funds to pay her personal attorney to represent her in a case involving her former husband, Raymond
Knupp.
Her lawyer, Tom Maronick, addressed the court on Tiffany Knupp’s behalf. He stated that the reason this occurred was because Knupp was not diligent enough in writing checks out and wrote them from the foundation.
“It was a mistake she made. If she could take it back, she would, he said.
But Knupp stated under oath that she had obtained authorization from the foundation to pay for her personal lawyer. Charging documents state that interviews with current and former board members conducted by Sgt. Jonathan Pruitt, of the Princes Anne state police barrack in Somerset County, found that no board member had authorized the payments.
Two itemized payments were made to the Scales Law Group from the foundation account: $2,500 on July 26 of last year and another in the form of a cashier’s check for $4,000.
Stephanie Scales-Sherrin of the Scales Law Group, was interviewed by Pruitt during the investigation. She “clarified that her representation was solely for Tiffany in a contempt case and a child support modification, and she did not act on behalf” of the foundation.
Two other instances of theft and embezzlement from the foundation’s bank account were identified in the charging documents, one involving Shirts Fast LLC, a West Ocean City t-shirt company, and the other Shaka Pool Bar in Ocean City, pertaining to a fundraiser.
Charging documents state that ShirtsFast wrote a check for $1925 to Knupp, with the understanding the funds would be deposited into the foundation account, but charging documents state that the check was deposited into her personal account instead.
The Shaka Pool Bar hosted a fundraiser, which raised $3200 to benefit the family of Carter Figgs,
a local high school football player who was killed in a crash in 2023.
Knupp had promised to match the money raised for the family.
“The money was to be deposited into the foundation’s bank account,” Sgt. Pruitt wrote. “Tiffany stated [in the Dec. 14 interview] that she had deposited the money into the foundation’s account.”
But the investigator wrote that there were no cash deposits made into the foundation’s bank account in November and December of last year, and indeed no such deposit was made between May 19 of last year and Jan. 9 this year.
In court on Tuesday, Maronick defended Knupp’s character, stating that under her leadership, the Gavin Knupp Foundation has given thousands of dollars away to worthy individuals.
Rich and Laura Mathabel, who are customers and friends of Knupp, testified, stating that they trusted her in their home and lent her $10,000, which she promptly paid back. Knupp owns her own cleaning service.
“She is a good woman who is going through a horrible time in her life,” Laura Mathabel said. Letters vouching for Knupp’s character were submitted to the court.
“Somebody who’s not lost a child cannot fully understand what she has gone through,” Maronick stated after the hearing. “We would have loved to have a complete not guilty, an acquittal of all charges, have the state dismiss the charges. That wasn’t in the cards. But this offer was too much to turn down.
“The fact that she could potentially get this expunged in three or maybe less than three years, that’s a fantastic outcome.”
Knupp plans to move to Florida to be with her daughter Summer, who is going to college in the state. “We are looking to start over,” Knupp said.
OPPD receives more than $61,000 in
grants
The Ocean Pines Association Police Department has been awarded multiple grants of more than $61,000 that will help offset rising public safety costs and support the department’s ongoing efforts to keep Ocean Pines as one of the safest communities in the United States.
The grants, awarded by the Governor’s Office of Crime Control and Prevention and the Maryland Highway Safety Office, will benefit Ocean Pines homeowners and residents by enhancing officer safety, increasing law enforcement visibility at community events, and improving transparency within the department.
“These grants are critical in helping us meet the growing needs of our community,” Police Chief Tim Robinson said. “They will ensure we can continue to provide high-level safety and security for Ocean Pines, while keeping costs manageable for our residents.”
Grants received included:
• Body Armor Grant: $3,891 from the Governor’s Office of Crime Control and Prevention will cover 50 percent of the cost of a new vest for an officer, ensuring the department’s officers are protected while on duty.
• Community Grant Program: $4,456 will fund overtime expenses for Ocean Pines Police officers to provide a visible presence at large community events, increasing safety for attendees.
• Police Accountability, Community, and Transparency (PACT) Grant:
A $35,000 grant will be used to purchase new and advanced body cameras, enhancing both officer accountability and transparency within the department.
• Police Recruitment and Retention Grant: $15,125 will be used for recruitment and retention incentives, aiding the department in attracting and keeping qualified officers.
Additional grants from the Maryland Highway Safety Office include:
• Speed Enforcement Grant: $900 will support speed enforcement initiatives, promoting safer driving on community roads.
• Impaired Driving Grant: $1,035 will fund efforts to reduce impaired driving incidents, ensuring the safety of all road users.
• Occupant Protection Grant: $990 will promote occupant safety, such as seat belt and child safety seat enforcement.
Southside firehouse expected to break ground by next fall
Viola says OPA, OPVFD agree on a more than 15,000 square foot facility
By ROTA L. KNOTT Contributing Writer
Ayear from now, construction of a new South Side firehouse could be under way. General Manager John Viola told the Board of Directors during a Sept. 28 meeting that he anticipates the project to be “shovel in the ground” by the fall of 2025.
While the cost of the project is still to be determined, Viola said the Ocean Pines Association and Ocean Pines Volunteer Fire Department have reached agreement on preliminary plans with for a more than 15,000 square foot building. He said the OPA has had regular meetings with OPVFD to develop the plan and sketches of the building.
Viola stressed that the project is still in the planning stage and they are working on next steps.
Previous reports have estimated the cost of the building at about $5 million, with the Ocean Pines Association on the hook for roughly half of that.
OPA General Counsel Bruce Bright has determined that the project will need to go to referendum and attract a majority of those voting
for the project to move forward. The likelihood is that OPA members will be voting on the proposal as part of the 2025 Board of Directors election.
Golf course irrigation
Phase I of a golf course irrigation project is under way. Work started in September and is scheduled for completion by February or March 2025.
At a cost of $934,000, a major irrigation line is being replaced after 50 years of use. Viola said he believes the replacement pipe will last at least 75 to 100 years.
Veterans Memorial pavilion
Work has also begun on a new pavilion at the Worcester County Veterans Memorial at Ocean Pines. The project is estimated for completion by Veterans Day.
In response to a question from Director Steve Jacobs, Viola said the cost of the project has increased to $200,000 from initial estimates of $100,000.
He said the veterans memorial foundation will be paying about $70,000 of the cost with the OPA picking up the rest of the tab.
During the Sept. 28 Board meeting, he was pressed by Director Steve Jacobs to confirm that the foundation was paying a share of the projects’ cost.
The project is slated to wrap in time for the annual Veterans Day ceremony in November, and work is currently on schedule, according to Viola.
“Thanks to the planning, coordination and execution of the Ocean Pines team and Whayland Construction and all their hard work, we are on track at this time and encouraged by the results that we will meet our timeline,” Viola said.
Senior Public Works Director Eddie Wells, who has been overseeing the project, said it will be a welcome addition to the Veterans Memorial Park.
“Whayland has been a great contractor to deal with, and they have a track record with us of very good quality and workmanship,” he said.
“We have something special here in Ocean Pines, and this is another prime example,” Viola added.
The Worcester County Veterans Memorial Foundation, which hosts the annual Veterans Day ceremony, plans to hold a dedication ceremony for the new gazebo on Nov. 11.
Once the pavilion is completed, the OPA will turn its attention to the racquet sports building with work expected to begin in the fall or winter of 2024-25 and be complete by April 2025.
Viola said the project is still in the planning stage and will include larger restrooms per the request of members. The estimated cost is $150,000.
Exterior of the new Southside firehouse that General Manager John Viola expects will be be under way by next fall.
Sports Core pool repairs
Electrical issues forced a temporary closure of the Sports Core pool in September. The problem was discovered on Sept. 2 because of a loss of power.
Repairs were completed in-house by Public Works and included running new wire to the building to replace 20-year old wire after the OPA did a cost comparison with outsourcing the work. To outsource the work would have cost $25,000 but it was just $5,000 for the in-house option.
Viola said the pool was shut down for a few days for the project but other pools were kept open.
Maintenance efforts
Crews have been busy performing maintenance at various OPA facilities.
At the Beach Club they installed air hand dryers. An air hand dryer will also to be installed in the upcoming racquet center bathroom reno-
vation.
The Sports Core Pool was closed Aug. 19 to Sept. 2 for cleaning. The marina was also briefly closed to have the docks cleaned. At the Yacht Club Pool crews removed the ladder for repair.
A repair was made to a failing drainage pipe on e walking path near the golf course. The work was compelted in-house by Public Works at a total cost of $1,878.
Roads and bulkhead work
The OPA’s annual bulkhead replacement program will be getting under way soon. Properties where bulkhead work will occur this year are 74, 76, 78 and 80 Wood Duck Drive, 4, 8, 10, 14, 16, 18 20, 22, 23, 24, and 25 Mallard Drive East, and 3, 5, 7, 9, 11, 13, 15 and 17 Ebb Tide Court.
Road paving is also scheduled to begin as part of the OPA’s annual maintenance program. This year about 1.5 miles of roads will be repaved, including Commodore Court, Dinghy Court, Fair-
To enhance road safety, curve signs have been added to dangerous curved sections of Ocean Parkway.
Mailbox repairs
The pedestals for mailboxes at Hopewell Court have been replaced as part of the phase 1 of the OPA’s project to replace and repair mailboxes throughout the community.
A bench was donated by the Ocean Pines Garden Club and placed near the mailboxes.
Dashboard data
As of August 1, there were 266 outstanding property violations outstanding with the Compliance, Permits, and Inspections office. Another 146 violations were initiated in during the month, including 63 maintenance, trash or debris; 17 no permit, 21 signs, and 45 miscellaneous, such as parking, stop work orders, trailers, and junk vehicles.
CPI closed out 169 violations during the month, but there were still 243 remaining as of month end, including 97 maintenance, trash and debris, 57 no permit, 14 signs, and 75 miscellaneous.
Public Works had 202 open work orders as of Aug. 1 and received 121 new work orders during the month.
It had 171 open at end of the month, with 56 of those open work orders are for drainage issues.
The OPA had 112 customer service contacts in August, including 31 for amenities, 28 for CPI, two for drainage, 38 in general questions or comments, and 13 Public Works.
Ocean Pines property likely site of new cell tower
Chie f Robinson reports that OPA has had discussions with a contractor interested in building it
By TOM STAUSS Publisher
Ocean Pines Chief of Police Tim Robinson offered some positive commentary on the possibility of improved cell service in Ocean Pines during an update at the Sept. 28 Board of Directors monthly meeting.
As he has said previously, he mentioned that poor service can be a safety issue, especially when someone is trying to call 911 during an emergency.
He cited an article in the September edition of the Progress by Cindy Hoffmanin which a Pines resident discussed her experience with poor cell service, resulting in a life-threatening situation.
To address the problem, Robinson said he and General Manager John Viola had productive talks with Worcester County officials.
“We have identified a couple places here that are Ocean Pines property, and we’ve already gone so far that we are in contact with Verizon Wireless,” Robinson said. “We’ve had very positive conversations with them. We’ve even spoken already to a contractor who is interested in possibly building a tower.
“Things are in motion. Hopefully by this time next year, we’re going to have a different situation,” he added.
In early August, Chief Robinson, General Manager John Viola, and Director of Business Administration Linda Martin met with county com-
missioners Chip Bertino and Jim Bunting, Sheriff Crisafulli and others from the county. That was the second meeting since Chief Robinson engaged in the issue due to his concern that residents could be having issues with accessing 911 in the community.
“The meeting was extremely positive and productive. We have some realistic options we are looking at right now,” Robinson said at the time.
“A lot of it goes back to working with the carriers and the contractors who can come in and assist us now.” Robinson said they are looking at a number of areas on county and Ocean Pines property.
Some options being considered, according to Bertino, include the property in front of the Ocean Pines Post office, which is owned by the association, behind the OPA administration building or on the water towers in Ocean Pines. One location he ruled out was the county-owned Ocean Pines wastewater treatment plant, which has been looked at in prior years and is a favored location of at some cell phone companies.
“We have limited real estate there. If we have a tower there, our options are limited,” Bertino said. “The regulatory environment gets more strict with time. We don’t know what the future will hold. We cannot limit our options.”
Traditional towers are not the only option for Ocean Pines. There are also monopole cell towers and lattice cell towers, both of which have much smaller bases, and stealth or hidden towers, which do not look overtly like cell towers, and are therefore more aesthetically pleasing.
Construction of the new Veterans Memorial pavilion is under way.
Work on new golf course irrigation system begins
Project designed to minimize inconvenience to golfers; Hartshorne sets out ambitious four-year project
By TOM STAUSS Publisher
Ocean Pines Golf Course Superintendent Justin Hartshorne is setting up an ambitious scope of work if golf course irrigation improvements that commenced in early September are to be completed within the four years that he recently said is likely.
This year’s phase includes installing irrigation equipment on the golf course driving range and the first and ninth holes.
That will leave 16 holes to be completed in three years, if the fouryear target is to be met.
Two of those years could need to see the completion of five holes, and the third year would then need six. If it turns out that only three holes can be completed in one year,
then the project’s duration would stretch out longer.
Whatever the project’s duration, there is consensus among community leaders that the project is needed to replace a failing system more than 50 years old. The new system is said to be longer lasting, and more efficient in coverage and water usage.
General Manager John Viola said the new irrigation system is just the latest example of Ocean Pines investing in its amenities.
Hartshorne said the disruption for golfers will be minimal, with work scheduled around the shoulder season, and the 19th hole being utilized whenever one of the primary holes is unavailable.
He said the first phase of what will “likely” be a four-year project
will include the pump station, in addition to the first and ninth holes and the driving range.
Hartshorne said the project is getting an early start and will focus on perimeter areas so as not to be disruptive for golfers.
“We’re going to try to run the mainlines that are out in the rough areas and the perimeters of these holes, so it’s not going to be extremely disruptive to play,” he said. “When we shut down the pump station when we’re done watering for the season, we’ll be working more in the winter, and we’ll certainly have the 19th hole in play then.”
Hartshorne said the original system is around 53 years old. He said most irrigation systems have a lifespan of around 25 years.
“It’s well overdue,” he said. “We do a lot of maintenance on it every year, and we’ve actually been seeing pinhole leaks forming in the pipes – they’re literally just falling apart and deteriorating. So, we’re long overdue for a replacement, and we’ve more than exceeded the lifespan of the current system.”
Hartshorne said golfers will see some work being done off to the sides, with pipes being fused aboveground and some trenching work being done in preparation.
“They’ll see some equipment, and some excavators on just a few holes,” he said. “Eventually, we’ll scape up the sod, trench it out, put the pipe in
the ground, and then they’ll backfill everything and tamp it down. It will be very clean when the whole process is done. This contractor has a lot of experience with these kinds of projects, so it should be limited disruption.”
For the average golfer, playing nine or 18 holes at the Ocean Pines Golf Club won’t be much different. What will be noticeable are the longterm benefits to the course.
“It’s a big investment, but it’s a huge part of the infrastructure and it’s my most vital maintenance tool for keeping a high quality of grass out here,” Hartshorne said. “It’s a very important system for keeping everything alive through the summer months.
“The irrigation systems are something you don’t see,” he continued. “It’s underground, so you walk right over it, but there’s miles and miles of pipes and wires underground that help operate the system that you don’t notice on a daily basis.”
Hartshorne said the project will continue to run in phases, during the shoulder months. When it’s done, the Ocean Pines golf course will have a much more efficient system.
“We’re going to be able to really control where we’re putting the water out,” he said. “We’ll also probably reduce our water usage, [and] it will help us get water to some areas that we don’t have the ability to get to now. We’ll have wall-to-wall coverage across the golf course, so we’ll be able to maintain pretty much every bit of acreage that we have.
“It’s certainly going to help make the quality of the course even better,” he added.
“These pipes are certainly going to be able to hold up well beyond what our original system was built with,” he said.
ATTENTION
WORCESTER COUNTY RESIDENTS ONLY!!!
Household
Hazardous Waste Collection
Saturday, October 26, 2024 10 AM-2 PM
7091 CENTRAL SITE LANE
Electronic signs, police body cams top list of approved purchases
Annual road repaving authorized by Board vote, now costs $120,000 per mile
By ROTA L. KNOTT Contributing Writer
Purchase and installation of four more digital marquee signs at select locations throughout Ocean Pines was approved by the Board of Directors during its Sept. 28 monthly meeting.
Once the new electronic signs are in place, the Ocean Pines Association will remove all of the existing static marquees along Ocean Parkway.
It will be the end of an era, as the marquees date back to the earliest days of Ocean Pines.
Household Hazardous Waste Collection
WHAT WILL BE ACCEPTED:
Computers & Laptops (No Other Electronics)
Gasoline • Gas/Oil Mixtures • Fuels • Acids
Cleaners • Solvents • Automotive Fluids • Bleach
Ammonia • Pool Chemicals • Pesticides
Dark Room Supplies • CFL Light Bulbs • Batteries
Insecticides • Herbicides • Oil-Based Paints
Thinners • Turpentine • Wood Preservatives Wood Strippers • Etc.
All of these materials will go to a HAZ MAT disposal site.
Dispose of solidified water based paint in trash. (to solidify – add dirt, sand, kitty litter, mulch, etc.)
MD 21841 THESE ITEMS WILL BE ACCEPTED AT CENTRAL LANDFILL 7091 CENTRAL SITE LANE NEWARK, MD 21841 OCTOBER 26, 2024 10AM-2PM
WHAT WILL NOT BE ACCEPTED:
Explosives • Ammunition • Medical Waste
Radioactive Materials • Picric Acid • Asbestos
Televisions • TV Remotes • Keyboards
Mouse • Printers • Modems • Scanners • Cables
Misc. Computer Parts • VCR’s • CD Player’s
Calculators • Cell Phones • Radios • Stereos
CB Radios • Fax Machines • Misc. items
ELECTRONICS WILL NOT BE ACCEPTED
For more information on this event, Please call 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.
But maintaining them is very labor intensive, requiring Public Works crews or volunteers to remove block letters by hand. Another advantage of electronic is the ease by which they can be updated with new information or promotional material.
The Board approved a $85,078.96 contract with Phillips Signs for the four digital signs. Phillips also received the contract for the first electronic sign that was installed at the North Gate.
Approval of the first electronic sign broke through enduring opposition on the Board, with the Communications Advisory Committee never letting up on its advocacy. Director Elaine Brady was effective with her advocacy, convincing reluctant directors that it was time for a change.
Director Steve Jacobs asked about the efficacy of that North Gate sign. He wondered whether people appreciate it.
“It’s been received very well” said Director Monica Rakowski.
She said she has heard nothing but positive feedback about it.
Brady also said people have had a positive reaction to the North Gate sign. After it was installed, she said, people realized it was not as intrusive like they thought it would be.
She said the new signs will enhance safety for drivers and walkers along Ocean Parkway, beautify the area with the removal of the old signs, and bring the OPA into compliance with the county’s requirements for signs.
Each of the signs will be full color LED, single-facing and three-foot, five inches tall to enhance the readability as drivers pass by them.
Also during the Sept. 28 meeting, the Board approved a $165,525.68 fiveyear contract with Axon enterprises for the acquisition of body worn cameras for the Ocean Pines Police Department. The year one cost is $35,643.84 with much of that amount covered by grant funds.
The OPPD received a $35,000 Maryland Police Accountability and Community Transparency grant to assist with the first year of the contract.
Chief Tim Robinson said he will continue to pursue grant funding to help cover the cost of the remainder of the contract period.
The Board approved the purchase of a John Deere HD 300 sprayer for golf maintenance from Finch Turf Sprayer. At a cost of $28,700.65, the purchase is included in the replacement budget for fiscal year 2025 schedule.
When asked by Board members about the condition of the golf course this summer, Viola said “We did ok. It was playable.”
He said there was some heat stress on hole 4, which has bounced back as just predicted by the golf superintendent. “We actually had to use a sprayer to get through it,” he said.
Purchase of a Toro TX1000 dingo with a 42-inch mulch bucket for Public Works was approved by the Board at a cost of $36,187.10 from Earthborne Felton LLC.
A $170,173.50 contract was awarded by the Board to Asphalt Maintenance LLC for the OPA’s annual road rehabilitation and paving project. Viola said this year’s road work will cover 1.3 to 1.5 miles.
“The price has gone up a lot,” Viola said of paving.
Traditionally the work costs $80,000 to $90,000 per mile. “It’s well over $120,000 now,” he said.
Lakernick announces Board liaisons
Comments Viola, staff, colleagues for support in role as president
By ROTA L. KNOTT
Contributing Writer
Stuart Lakernick, the new president of the Ocean Pines Association, announced the appointment of this year’s Board liaisons to advisory committees during the Sept. 28 monthly Board of Directors meeting.
Jeff Heavner is the liaison to the Environment and Natural Assets and Recreation and Parks advisory committees.
Steve Jacobs will serve as liaison to the Bylaws and Resolutions and Golf advisory committees. Monica Rakowski will serve as OPA treasurer and liaison to the Budget and Finance Advisory Committee.
Elaine Brady was appointed liaison to the Architecture Review Committee and Communications Advisory Committee liaison.
Rick Farr is the new Aquatics Advisory Committee liaison, replacing Lakernick.
John Latham will serve as the Marine Activities Advisory and Elections committee liaison. Lakernick will serve as the liaison to the Strategic Planning Advisory Committee.
In his president’s remarks during the meeting, Lakernick expressed gratitude to General Manager John Viola and his staff for a successful
summer season and managing projects and organizing events.
“Their hard work commitment and exceptional efforts have made this season a resounding success,” he said, adding “their contributions have truly made a difference in our community.”
Lakernick also encouraged members to think about how they can give back to the community. “Volunteering is a fantastic way to get involved,” he said. Benefits of volunteering include meeting neighbors, supporting initiatives that keep the community thriving, and assisting with seasonal activities, neighborhood clean-ups, or contributing to local programs.
Anyone who is interested in volunteering or has ideas for new ways to enhance the community, should reach out to the OPA at info@oceanpines.org, Lakernick said.
The Board at its organizational meeting in August set meeting dates for the coming year, all Saturday meetings beginning at 9 a.m. in the Golf Clubhouse meeting room.
Dates are Sept. 28, Oct. 26, Nov. 23, Dec. 21, Jan. 25, Feb. 22, March 29, April 26, May 24, June 28, and July 26.
The annual meeting of the association is scheduled for Aug. 9 next year.
Chief offers traffic updates
By ROTA L. KNOTT Contributing Writer
Officers with the Ocean Pines Police Department made 210 traffic stops since July 20, Chief Tim Robinson said during the Sept. 28 Board of Directors meeting.
Officers made 58 traffic stops for speeding, 40 for stop sign violations, and one for a vehicle not stopping for a school bus with flashing red lights. They uncovered four suspended drivers, two unregistered motor vehicles, one person driving without a license, one person driving without insurance, and one driving while intoxicated.
These are the types of offenses that are typical in Ocean Pines, Robinson said, adding that officers find various motor vehicle equipment violations, registration violations, and vehicles without proper license plates or expired plates.
On the same morning of the Board meeting, Robinson said, a stop sign violation turned into a DUI arrest. “They’re out there. We’re doing our best to catch them,” he said.
* HEADS-UP *
Those in my opponent’s camp are spreading the lie that I am a book burner to disparage me and my campaign. This is made-up propaganda. As a 40+ year Educator, I will never vote for banning any books! I call this a despicable tactic in their effort to try and win at any cost.
*YOU DECIDE BY YOUR VOTE*
Viola announces intent to rent out jet ski slips
Would maximise use of Swim and Racquet Club marina
By ROTA L. KNOTT Contributing Writer
To maximize use of the Swim and Racquet Club marina, General Manager John Viola is considering renting small, shallow boat slips for jet skis.
“We have received requests for jet ski slips,” Viola told the Board of Directors during his Sept. 28 General Manager’s report. He said there are three or four open slips at the marina that cannot be rented out to boaters because the water depth is too shallow.
However, people have expressed interest in slips for jet skis. So, Viola said he is looking into the possibility of installing ski lifts in those otherwise unusable slips.
That could create space for about six jet ski slips.
With the OPA maintaining a waitlist for boat slips at the marinas, Viola said he is reviewing options for installing jet ski slips at the Swim and Racquet Club Marina by next season.
He did not have any cost estimates for the project or revenue projections.
No director objected to the concept of bringing jet ski boat slips to the Swim and Racquet Club, so odds are it will happen in due course.
Properties found in violation of regs
The Board of Directors voted unanimously to suspend the voting and amenity rights of numerous Ocean Pines Association members on Sept. 28 because of continuing violations on their properties. The properties will also be sent to legal counsel for further action.
Linda Martin, director of business administration, said all of the property owners have received first and second notices of the violations from the Compliance, Permits, and Inspections office.
None of them requested a hearing before the Board and the violations are continuing.
The properties of 5 Belair Court, 29 Quarter Staff Place, 44 Footbridge Trail, and 9 Castle Drive all have two violations each. Properties with one violation each were 293 Ocean Parkway, 1 Windward Court, 12 Raft Road, 42 King Richard Road, 135 Windjammer Road, 6 Brandywine Drive, 90 Abbyshire Road, 18 Southwind Court, 2 Camelot Circle, 44 Birdnest Drive, 42 Crest Haven Drive, 759 Ocean Parkway, 26 Birdnest Drive, and 43 Wood Duck Drive.
Board makes new committee appointments
The Board of Directors made appointments to several Ocean Pines Association advisory committee during the Sept. 28 monthly meeting.
Patricia Ryan Garcia was appointed chair and Brian Burgess was appointed to serve as vice-chair of the Environmental and Natural Assets Advisory Committee.
Donna McElroy was appointed chair and Sue Challis was appointed to a second term on the Marine Activities Advisory Committee.
Pam McGregor was appointed vice-chair and Thomas O’Doherty was appointed for a first term on the Recreation and Parks Advisory Committee.
Theresa O’Doherty was appointed for a fist term to the Recreation and Parks and Strategic Planning advisory committees. Gary Miller was appointed to a second term and as chair of the Aquatics Advisory Committee and to a second term on the Strategic Planning Advisory Committee.
Keith Kaiser was appointed to a third term on the Bylaws and Resolutions Advisory Committee.
Season kick-off and expo to return in 2025
A committee has started planning for the Ocean Pines Association’s second Season Kick-Off and Expo event, Director Monica Rakowski said during the Sept. 28 Board meeting.
Based on the success of the first event this April, she said the committee is planning for the next season kickoff and has a tentative date of April 26, 2025.
Director Rick Farr acknowledged that last year’s season kick off was a
success but asked the committee to keep in touch with the general manager and senior staff about the event. He said it is important to continue the flow of information to ensure planning for appropriate OPA resources to support the event.
Director John Latham said the committee did a “fabulous job last year,” and that the event wass a well-run, extremely successful event.
Board affirms demise of racquet committee
In a 6-1 vote, the Board of Directors on Sept. 28 affirmed an earlier decision to disband the Racquet Sports Advisory Committee. With only Steve Jacobs opposed, the Board voted on second reading to repeal the authorizing Resolution C-14, Racquet Sports Committee. A first reading was held at an April 20 meeting and with the same 6-1 vote.
The Board said the RSAC was no longer necessary given the operational changes at the Racquet Sports center, including the hiring of a director of racquet sports, all associated activities and future planning will be handled by the operations staff.
Removing the advisory committee from the operational aspects of racquet sports such as running the pro shop and organizing instructional classes also serves to avoid any potential confusion on the appropriate source for all information regarding the racquet center.
Jacobs said he was opposed to the motion to repeal the authorizing resolution for RSAC in April and argued that the functions of RSAC as outlined in Resolution C14 are all advisory.
The Board always has the final say on issues related to the racquet sports operations, he said.
“I was the one who voted against the original motion and I will vote against this motion because I think wrong,” Jacobs said.
The resolution was brought back to the Board at the September meeting because it failed to follow the appropriate procedure to repeal it by holding a second reading.
Director Jeff Heavner offered a reminder as to why the Board took the action to eliminate RSAC. “You had a committee that completely went rogue,” he said.
He added that the committee chair wasn’t listening to what members really wanted at the racquet center but had their own agenda on what they wanted to accomplish. “That’s not the way we do things in Ocean Pines,” he said.
Literacy month
September was Literacy Month and members of the Republican Women of Worcester took part in giving donations to the five Worcester County Libraries in appreciation for their county wide service. Standing left to right are RWWC President Jean Delcher, RWWC member Linda Sirianni, OP Branch Manager Harry Burkett, RWWC Literacy Chair Susan Ostrowski, and Worcester Library Foundation member Jennifer Ranck.
OPA member questions sign regs pertaining to presidential candidates
Motorbikes, geese topics in Public Comments
By ROTA L. KNOTT Contributing Writer
Residents of Ocean Pines should be able to display signs for two months prior to the presidential election, one property owner said during the Public Comments segment of the Sept. 28 Board of Director meeting.
Steve Haffner argued that residents are allowed to post candidate sign two months ahead of Ocean Pines Association elections, so they should be able to do so for presidential elections. Currently signs can only go up one month prior to a presidential election.
Because property owners were outside of that one-month period in erecting presidential election signs, any signs installed prior to Oct. 5 had to be removed per the Compliance, Permits, and Inspections staff. He said his neighbors were notified to pull in their signs and not to put them back out in their yards until Oct. 5.
Haffner said that is unfair because the election really started this year on Sept. 5 at the opening of the mail-in voting by the federal government. Yet Ocean Pines residents can’t put yard signs out on Sept. 5 for the two-month period.
It’s too late for this year, but prior to the next presidential election the OPA may want to modify the allowable timeframe for non-Ocean Pines election signs, Haffner said.
A resident of Fairway Lane, Haffner also addressed traffic challenges on that road. He referred to it as “Freeway Lane” because of the heavy and fast traffic the road receives. He asked Chief Tim Robinson to have the Ocean Pines Police Department address the traffic issues in that area.
Just a few days earlier, Haffner said there was a “close call.” In that case he said a woman was walking children to meet the school bus when a vehicle went “shooting up the road” by them.
Resident Karen Kaplan said she
has noticed an increase in the number of people on motorbikes or scooters who are not following the rules of the road, not wearing helmets or reflective clothing. Some of the motor bikes only have a light on the front even though they are being ridden at night.
She noted a significant increase in such traffic near Manklin Creek Road and Ocean Parkway and at Manklin Creek Road and Racetrack Road.
Kaplan said the onus is going to be on the drivers of cars to avoid them. She asked how the OPA can be proactive in preventing accidents and informing drivers and the public about any safety rules.
Police Chief Tim Robinson responded to Kaplan by saying he is working with the Worcester County bicycle and pedestrian coalition to secure a grant and develop educational materials and safety classes in Ocean Pines. He said they hope to use those materials to educate community members in lieu of an signif-
icant enforcement actions.
Also, he said the coalition is working on a plan to have Ocean Parkway striped to indicate the area bicyclists and pedestrians should be using as a travel lane and to indicate the direction of travel. He hopes that will be completed early next year.
Another area of concern for police is that of e-bikes. “I have personally stopped people on e-bikes I think have been driving recklessly here in Ocean Pines,” he said.
Unfortunately, there are some loopholes in the law on those vehicles, including that riders above a certain age don’t have to wear a helmet, he said.
Janet Kelley spoke out in support of Ocean Pines’ resident geese. She said it seems like there is always talk about how to get rid of them because some people consider them a nuisance. She said some people get upset about them crossing over the highway.
“We should be driving slow enough that if we see geese crossing, we should be able to stop,” she said. Now, she said, she has heard there is a proposal to oil their eggs to prevent them from hatching.
“I’m really against that,” she said, adding, “Humans have abused our wildlife in general.”
Kelley said she and other residents enjoy watching the geese.
“I’m asking that we leave the geese alone this year,” she said. “They bring a lot of joy to the kids and to some of us who watch them.”
OPVFD president urges use of smoke alarms
Annual fund drive to begin this month
Ocean Pines Volunteer Fire Department President Joe Enste spoke on Sept. 30 about Fire Prevention Month in October, and Fire Prevention Week running Oct. 6-12.
He said the theme this year is “Smoke Alarms – Make them work for you!”
“Smoke alarms can really be the difference between life or death when it comes down to a fire,” he said. “Number one, you need to make sure that you have smoke alarms in your house.”
Enste said OPVFD often respond to calls where the homeowner did not have smoke alarms installed.
Equally important, he said, is making sure they work properly.
“Every smoke alarm has a particular position where they should be placed,” he said. “Some should be up high. Some should be down on a wall. Some should be on a ceiling. So, if you need assistance with that, we can always come by, look at the instructions and help you. Or just call a local contractor, and they can gladly install it for you.”
He said smoke alarms should be installed in every bedroom, outside of each sleeping area, and there should be at least one smoke alarm per floor. That includes extra rooms over garages.
“That way, if there is a fire anywhere in your house, it’s going to get detected, and then you’re going to be alerted to make sure that you can
escape,” he said.
Additionally, Enste said smoke alarms should be tested regularly.
“We recommend testing them monthly, and then all new smoke alarms have a sealed 10-year battery,” he said. “Smoke alarms in general are only good for about 10 years.”
Older smoke alarms, he said, should be replaced.
“The other thing that’s important is, if you have your smoke alarms and they’re working, that is great, but you need to know what to do when that smoke alarm goes off,” Enste said. “So, you need to have an escape plan.”
Enste said a good rule of thumb is to have two ways out of every room. That may mean leaving through the doorway, or from a nearby window.
“Practice those escape plans at least twice a year,” he said. “That way … your family members [and] you know what to do.
“And, if you have anybody that needs assistance getting out of the house, make sure that you can communicate that to 911 when you’re calling them and letting them know,” he continued. “That way, when we arrive, we can go directly to where they are in the house and help them get out.”
Volunteers gather for annual Ocean Pines
‘Marine Debris Plunder’
Trash weighing 818 pounds collected in Ocean Pines waterways
By CINDY HOFFMAN
Contributing Writer
Sixty-three volunteers collected 818 pounds of trash during the annual Marine Debris Plunder at the Ocean Pines White Horse Park Boat Ramp on Sept. 22.
Eight boaters, including kayakers, and land-based volunteers joined the effort, organized by the Maryland Coastal Bays Program (MCBP).
Local character actor Captain Jack Sparrow arrived at the boat ramp to help with the weigh-in of the debris. The most unique item found during the plunder was an old jet ski that a boater hauled to the dock.
It took the muscle of six volunteers to hoist it into an Ocean Pines Association dump truck. The most common items included cigarette butts on land and crab and bait pots by sea.
Abandoned and derelict crab pots often become ghost pots that trap and kill marine life, including crabs, terrapins, otters, and fish.
The goal of this event is to engage the community in cleaning up local waterways and streets and to collect data on the debris.
“Anytime we can recruit people to come out and pick up debris, I consider it a very successful event,” Sandi Smith, outreach and marketing coordinator for the MCBP, said.
She noted the weather in the morning deterred some boaters from
OPVFD
From Page 29
participating.
Participants were asked to fill out data sheets, to be used for a campaign next year to remind visitors of the importance of keeping local waterways clean, according to MCBP. Participants “plundered” the White Horse Boat Ramp and surrounding park area, Bridgewater Park, Wood Duck Park, Pintail Park, Mumford’s Landing Pool, the Yacht Club Marina and the Swim and Racquet Club Marina.
“Anytime we can recruit people to come out and pick up debris, I consider it a very successful event.”
Sandi Smith, outreach and marketing coordinator, Maryland Coastal Bays Program
Enste said for those with visual or other impairments, there are specialty alarms that can use strobes, vibrations, or other means to alert residents during an emergency.
Along with education initiatives, the Fire Department is continuing its fundraising operations. That includes the annual fund drive, which will have notice out during the next few weeks.
“All the funds from that fund drive will be going into … a central account for apparatus replacement and for necessary tools, and then anything left over will go towards the south station building fund,” Enste said.
OPVFD is also running the annual truck raffle. Tickets are $100 and
only 2,500 tickets will be sold.
Thanks to the support of Ron Jon Surf Shop, MCBP provides supplies for clean-ups and also hires watermen in the winter to pull debris out of our waterways, according to Smith. The OPA disposed of the trash.
“Typically, Seagull Disposal is very generous and donates a dumpster annually to this event and the county waives the tipping fee. This year the association took care of everything,” Smith said.
The raffle this year feature a 2024 Ford F-150 valued at $54,045. Along with the truck, the winner will have all taxes and other expenses associated with winning the vehicle paid for – a potential savings of $18,000 for the winner.
For more information on the truck raffle, visit opvfd.com/f-150.
OPVFD is also doing a weekly “Queen of Hearts” tournament, similar to games played at local Elks Lodges or VFWs. Tickets are $5 and the jackpot is now over $35,000, Enste said.
Drawings are held at 5:30 p.m. each Tuesday and are livestreamed on the OPVFD Facebook page.
For more information, visit opvfd.com/queen-of-hearts.
For more information on OPVFD, visit opvfd.com or call 410-641-8272
Jack Sparrow poses with numerous abandoned crab pots that were pulled out of the waters during the Marine Debris Plunder in Ocean Pines. Abandoned crab pots can trap and kill marine life, including crabs, terrapins, otters, and fish.
Steve and Sue Heistand found numerous abandoned buoys from their kayaks during the Marine Debris Plunder.
Strategic Plan committee launches new survey
Property
owners, residents will have at least two weeks to respond to the on-line poll
By CINDY HOFFMAN Contributing Writer
Property owners and residents in Ocean Pines have an opportunity to express their opinions through a new community survey that was released Oct. 1.
The last survey was conducted in 2021.
“Every few years, new people move into the community. The Strategic Planning Advisory Committee set out on a path to do a periodic survey to take the pulse of the people,” Rob Keesling, the chair of the committee, said.
The committee advises the Board of Directors and the General Manager on how best to align the mission and the vision of the Ocean Pines Association by anticipating future needs and assisting in the development of a strategic multi-year plan that would support and enhance the lifestyles of its owners, residents and guests.
“The survey will help determine what is important to the community in order to enable us to maintain a position of strength as a resort community and destination,” Keesling said.
“We have seen in the past the value that it [the survey] brought to the Board and management.”
“As a board, we consider feedback when making decisions on projects, budgets, and policies to align them with our members’ interests,” OPA President Stuart Lakernick said. “Insights from the community help us identify which issues or improvements should take precedence, ensuring resources are allocated effectively. “
Property owners and residents said they wanted to see a focus on enhancing existing amenities in the 2021 survey.
Since then, the Board and management have refurbished the Yacht Club tiki bar and started the irrigation project at the golf course.
The 2021 survey also provided feedback from property owners on the importance of safety. Since then, Ocean Pines has hired a new Chief of Police, Tim Robinson, and provided funding for additional vehicles and in-
creased the salaries for officers. Robinson has raised additional funding through grants and recently announced newly acquired funds for body armor, overtime expenses, recruitment and retention and speed enforcement.
Core values for the community were supported by property owners and residents in the 2021 survey, Keesling said. These values have been included in the Strategic Plan for the community and include integrity, accountability, collaboration, respect and sustainability.
This year’s survey includes questions on amenities, Route 90 expansion, traffic on Rt. 589, assessments, core values, the Board of Directors, infrastructure and more.
“The board is elected to represent the interests of the community. Input from residents ensures that decisions align with the needs and preferences of the community.” Lakernick said.
Keesling, a part-time resident himself, emphasized the importance of both part-time and full-time residents responding to the survey.
“Whether you are here full or part-time, the things the board does, the decisions and actions of the management, have an impact on you. You pay the same in dues, whether you are a full or part-time resident.”
In 2021, 20 percent of property owners responded to the survey.
“We were pleased and if we get that again this time, that would be great. But there is still 80 percent that we are not hearing from,” Keesling said. “We need to hear from you.”
The survey includes 17 questions and should take less than ten minutes to complete.
Survey responses will be strictly confidential, and the overall results will be made public by the committe and shared on the Ocean Pines Association Website.
The survey will be open from Oct.1 for at least two weeks. Look for a link to the survey in OPA’s “This Week in the Pines” email and the OPA’s quarterly newsletter.
Jack Sparrow and other volunteers load up the dump truck with more than 800 pounds of marine debris collected during the Marine Debris Plunder in Ocean
Tim Peck joined the Marine Debris Plunder at the White Horse Park boat ramp. One boater found an abandoned jet ski.
OPA operating fund in the black for August
By TOM STAUSS Publisher
For the second consecutive month, the Ocean Pines Association barely kept itself in positive territory financially in August. After recording a positive operating fund variance of $175,672 in June, the OPA barely broke even in July, recording a scant $2,378 operating fund surplus for the month.
August results were very close to those in July. The OPA recorded a positive variance to budget of $2,721 in August, a slight improvement over July.
Even with two prime summer months just barely ahead of budget, the OPA’s financial results through August are healthy and robust.
For the year through the end of August, the OPA had a positive operating fund variance of $434,999.
In August, the $2,272 positive variance resulted from revenues under budget by $78,781 and total expenses were under budget by $81,502, according to monthly financials released by Controller and Director of Finance Steve Phillips last month.
For the year through August, revenues were over
budget by $316,500 and total expenses were under budget by $118,499.
But the OPA is hardly undergoing a financial downturn.
On the contrary, total net revenues for the year through August were $6.589 million, compared to last year’s $6.396 million, an increase of $193,000 year-overyear.
Despite the overall results for August, all OPA amenities except for tennis were in the black.
Performance relative to budget was not as positive, with pickleball, platform tennis, the Beach Club and marinas outperforming their budgets for the month.
Even top-performing amenities like beach parking and golf operations didn’t make their budgets for the month.
But year-to-date, through August, every amenity is in the black, and that’s probably a more accurate measure of amenities’ success so far in the fiscal year.
Also of significance: All amenity departments are ahead of budget through August except the Yacht Club
Another measure of financial success is how well an amenity is performing year-over-year.
Most OPA amenity operations are doing better than they were through August of 2023.
Those include tennis, pickleball, platform tennis, golf, the Beach Club, beach parking and marinas.
Amenities that are not doing as well as they did through August of last year include Aquatics, the Clubhouse Grille, and the Yacht Club.
Aquatics is $19,279 behind where it was through August of last year, the Clubhouse Grille is off $3,334, and the Yacht Club has earned $111,135 less than it did through August of last year.
As it’s been for most of the year, golf continues to be the OPA’s most profitable amenity year-to-date, with $617,901 in net earnings through July and ahead of budget by $106,784.
For August, the net operating result for golf was $46,500, but that was under budget by $5,796.
9/17/2024 and tennis.
A year ago through August, golf had net earnings of $558,386. The year-over-year improvement is an impressive $59,515.
Beach parking is the second highest net producer for the OPA so far this fiscal year. Through the end of August, this cash cow netted $473,367, ahead of budget by $28,625.
For the month of August, beach parking netted $8,695, under budget by $5,070.
A year ago through the end of July, beach parking had netted $454,432. The year-over-year improvement was almost $19,000.
The Yacht Club is the third highest net producer so far this fiscal year.
Through the end of August, this venue brought in net revenue of $284,427, although it missed its budget target by $80,489.
For August, the Yacht Club produced an operating net of $84,850, missing budget by $47,249.
Year-over-year, the Yacht Club has slipped.
Through August of 2023, the Yacht Club had netted $395,562, compared to the $284,427 generated through August of this year.
Marinas are close behind the Yacht Club as a revenue generator. Through August this department earned $280,029, ahead of budget by $29,310.
During August, marinas netted $22,953, ahead of budget by $16,926.
OPA NET OPERATING RESULTS BY DEPARTMENT - August 2024
Source: Ocean Pines Association Finance Department
This department is well ahead of 2023 for through August. A year ago, marinas had earned $235,548 for the OPA.
The year-over-year improvement is $44,481 reflecting better weather this summer over last.
The Beach Club food and beverage operation has had a profitable summer, generating $272,881 in net revenue through August, better than budget by $66,817.
For August, the Beach Club netted $108,826, ahead of budget by $10,046.
A year ago, the Beach Club netted $247,080 through August. That’s a year-over-year improvement in this amenity of about of 25,801.
Aquatics remains a revenue generator for the OPA so far this year, with net earnings of $256,267 and a positive variance to budget through August of $21,295.
During August, however, Aquatics lost $5,698, missing budget by $5,794.
Aquatics has also slipped behind last year’s year-to-date performance. A year ago through August Aquatics had netted $275,546, but that number was $256,267 so far this year.
That’s a year-over-year drop of $19,279.
Though not a high revenue producer, the Clubhouse Grille remains a consistent revenue producer for the OPA.
Through August it had netted $89,647, ahead of budget by $16,680.
For August, it earned $20,093, missing budget by a scant $839.
Through August of last year, the Clubhouse Grille had produced earnings of $92,991.
The year-over-year decrease in net of $3,344.
Racquet sports in the aggregate continues to be a profit center for the OPA, led by pickleball.
Pickleball earnings through August were $84,184, ahead of budget by $3,934.
For August, net earnings were $4,089, ahead of budget by $3,198.
Year-over-year has seen an increase for pickleball.
Earnings through August of last year were $72,919, compared to this year’s $84,184, an increase of $11,265.
Platform tennis is in the black through August, with a net of $9,861, ahead of budget by $7,485.
For the month, this amenity lost $3,049, but that was ahead of budget by $1,378.
Year-over-year through August, platform tennis has almost doubled its bottom line, increase from $5,251 a year ago to $9,861 this year, an increase of $4,610.
Tennis, the amenity that generates the least for the OPA in net revenue, nonetheless is in the black through August, with net revenues
of $6,275, missing its budget by $3,643.
For the month, tennis lost $5,397, under bydget by $4,584.
Year-over-year, tennis is much improved. A year ago through August, this amenity was in the red by $217. That resulted in an improvement of $6,492 year-over-year.
Reserve funds: The OPA’s reserve fund balance through the end of August was $8.877 million, down from $9.15 million in July, $9.39 million in June and $9.795 million in May.
The replacement reserve was funded in the amount of $6,198,388, bulkheads/waterway $1,149,776, roads $1,141,949, drainage $279,856 and new capital $106,536.
Balance sheet: As of Aug. 31, the OPA had $45.214 million in assets, compared to $44.544 million at the same time in 2023.
Membership: OPA amenities in totality have reached 106 percent of budget by the end of August, up one percentage point from the end of July.
Total memberships sold through Aug. 31 were 4,136, compared to 4,041 at the end of July and 3,391 at the end of August last year.
Membership dues collected through Aug. 31 were $1,292,476, compared to the budgeted $1,222,348, for a positive variance of
Yacht Club more than $100,000 off year-over-year through August
By TOM STAUSS Publisher
There’s been talk around that the Ocean Pines Yacht Club isn’t doing as well financially as it once did.
Year-over-the year, that statement is true, but that doesn’t mean that this venue is losing money.
On the contrary, it’s earned $284,427 for the year through August. Compared to many years in Ocean Pines’ 50-plus year history, that’s an excellent year-to-date result.
Year-over-year, net revenue at the Yacht Club
has eroded by more than $100,000.
A year ago, the Yacht Club had generated $2.143 million in total revenues. Through Aug. 31 of this year, that revenue number is $2.006 million, a decrease of $100,596.
For net revenues after cost of sales, the yearover-year comparison is slightly more favorable.
Last year through August, net revenues were $1.54 million, compared to this year’s August cumulative net of $1.4 million, a decline of about $90,000.
To some extent, the Matt Ortt Companies pre-
Ocean Pines Yacht Club - August 2024
EXPENSES
9/17/2024
dicted the revenue slide and budgeted accordingly.
Compared to budget, the Yacht Club’s net revenue for the year through August was only $4,106 under budget, virtually a break-even result.
On the debit side, the Yacht Club’s expenses of $1.165 million were behind budget by $76,382, driven by supplies that were over budget by $19,055 and other expenses over budget by $57,599. Other expenses include entertainment.
Through the end of August, the Yacht Club’s $284,427 in net earnings was $80,489 under budget, a not too horrible result given the decline in gross and net revenue.
Entering the cooler months of the year, it’s possible that some of that negative variance to budget will be offset by positive variances.
In discussion of Yacht Club financial performance so far this fiscal year, Budget and Finance Advisory Committee chair Doug Parks told his colleagues that the result needs to be kept in perspective: As a venue, it’s still one of the Ocean Pines Association’s primary revenue drivers, well into the black for the year so far.
August cash position at $18.9 million
The Ocean Pines Association’s cash and investment position decreased less than $100,000 from the end of July to the end of August, with about $18.9 million on hand on Aug. 31.
According to a report by OPA Treasurer Monica Rakowski at the Sept. 28 Board of Directors meeting, cash increased $200,000 from the same time last year. Of the cash on hand, $11.6 million was invested in CDARs, and $66,000 in interest income was recognized in June. The remaining $7.3 million was invested in an insured cash sweep, treasury bills, money market and other accounts, diversified between two local banks.
August financials
From Page 33
$70,128.
All membership categories are ahead of budged with two exceptions, tennis reaching 88 percent of goal and pickleball 99 percent of goal through the end of August.
Golf memberships continue to be the driving force in these results, reaching 127 percent of goal.
Beach parking and Aquatics both had reached 100 percent of goal at the end of August.
Platform tennis was 102 percent of goal, and the combo racquet sports membership was 142 percent of goal.
Beach parking through the end of July had reached 98 percent of goal, aquatics was at 98 percent, tennis at 88 percent, and pickleball at 98 percent.
OCEAN PINES ASSOCIATION
Source: Ocean Pines Association Finance Department
Public safety costs continue to grow
Graphic hints that assessments might not be lowered next year because of the need to fund increased expenses in the police and fire departments
By ROTA L. KNOTT Contributing Writer
Public safety expenditures are consuming a growing percentage of the Ocean Pines Association’s assessment dollars. During a Sept. 28 fiscal report to the Board of Directors, General Manager John Viola said that without an assessment increase, nearly 50 percent of the annual dues could be dedicated to public safety by fiscal year 20262027.
“We value our safety,” Viola said, and added that the OPA has made significant investments in public safety infrastructure and staff support for the Ocean Pines Police Department and Ocean Pines Volunteer Fire Department.
Viola showed the Board a per fiscal year graphic illustrating public safety funding by percentage of the assessment.
It shows: Fiscal Year 2018-19 was 23.8 percent, Fiscal Year 2019-20 was 24.2 percent, Fiscal Year 202021 was 25.2 percent, FY 2021-22 was 25.6 percent, Fiscal Year 202223 was 33.3 percent, and Fiscal Year 2023-24 was 32.7 percent.
Viola estimated public safety spending by percentage of the assessment dollars at 36.8 percent for Fiscal Year 2024-25.
Based on maintaining an assessment of less than $900, he projected significant growth in that percentage in Fiscal Year 2025-26 to 40 to 42 percent and for Fiscal Year 202627 to 44 to 46 percent.
“You can see how it’s gone up each year, but yet our assessment has gone down,” he said.
The assessments has been lowered in recent years because the OPA amassed sizable surpluses in recent years, the result of amenities such as golf producing positive net earnings.
Viola’s stated goal has been to return a portion of those surpluses, or positive variances to budget as he likes to call them, to OPA members in the form of lower assessments.
Does this mean that Viola will be presenting a 2025-26 budget for the OPA later this year that doesn’t lower the lot assessment, as has occurred in recent years.
That may have been what he was
hinting, but it’s too soon to say for sure.
He noted that the cause of the projected increase in percentage of assessments dollars used for public safety is “a lot of decisions were kicked down the road.”
That statement appears to have been aimed at Boards of Directors prior to those that served in recent years.
Now that the OPA has what he called a “constructive board” progress is being made to make improvements in public safety.
“But there is a cost to it,” he said.
Some of the expenditures driving up the use of assessment dollars for public safety are the adjustment to police pension equivalent, at $21 assessment
dollars forFiscal Year 2024-25.
In Fiscal Year 2025-26, police salary adjustments were projected at $18 assessment dollars and the increase from 50 to 75 percent in contribution to OPFVD for its apparatus reserve equals $15 assessment dollars.
For Fiscal Year 2026-27 the proposed new Southside firehouse will take an estimated $31 assessment dollars and funding full time equivalent positions not included in Fiscal Year 2024-25 for $12 assessment dollars.
Police department expenses have increased in recent years and will continue doing so as the
department moves into full staffing.
That’s been an objective of Chief of Police Tim Robinson since arriving on the scene, and he said recently that the department is close to reaching that goal. He inherited a department seriously depleted of trained officers.
The Board of Directors also has embarked on a sustained policy of improving salaries and benefits for the police department, as a way of reducing or eliminating the number of officers who depart Ocean Pines because better compensation is available elsewhere.
So far, the strategy seems to be working, but with a cost.
Public Safety Percentage of Assessment
Public Safety Increases to Assessment
COMMENTARY
Elections Committee’s provocative suggestions
There’s a lot to like about the activities and recommendations of the Elections Committee of late.
The group’s report on the 2024 Board of Directors election was dropped on the OPA’s Website on Oct. 1 or thereabouts.
It makes for provocative reading.
People who care about how the OPA conducts its annual elections ought to give it a read.
But even before the committee issued its report, it dealt with a few issues that ought to receive favorable consideration by the Board.
The first is the recommendation to rehire MK Elections of Pittsburgh to handle next year’s election.
Aside from a few glitches that really weren’t its fault, the company performed its tasks of mailing out, processing and counting ballots with expertise. No one is questioning the validity of this summer’s election results.
One glitch, easily avoided next year, was the premature disclosure of election results prior to adjudication of a few defaced ballots that did not change the election’s outcome.
A spread sheet showing the results without those adjudicated ballots was displayed on a big screen in the Clubhouse Grille meeting room where the committee had convened to review defaced ballots. Those viewing the screen at home also could see the results, in which candidates Rick Farr and Jeff Heavner were comfortably ahead of Sherrie Clifford and Amy Peck.
Another glitch was the unexpected availability of online voting roughly two weeks before paper ballots arrived in local mailboxes.
The committee recognizes that the timing of online voting availability and arrival of paper ballots in local mailboxes really needs to be better coordinated next year.
That shouldn’t be difficult to arrange.
The committee in its meeting in late August also made two noteworthy decisions -- recommendations actually, as the Board of Directors has final say in such matters.
The aforementioned recommendation to rehire MK Elections is an astute one. Any glitches or fine-tuning of process would be much easier using a company that’s already been through an election cycle.
That recommendation comes with a caveat: The Committee would like to amend the OPA’s by-laws to eliminate a requirement for an observable count of ballots, which only has applied to paper ballots because online votes by definition are not observable by anyone. It would be possible to rehire MK without removing the observable count of paper ballots, of course.
What’s the more sensible approach here? Anyone observing the staff of MK shuffling boxes and ballots didn’t see much of importance in the several hours of remote viewing. Indeed, it’s a crashing bore. But an argument can be made that an observable count, followed by the adju-
dication of defaced or otherwise questionable ballots, maintains an illusion of oversight that might be worth preserving. This particular committee suggestion needs careful consideration.
Another recommendation that the committee made in a 4-1 vote was a no-brainer. The recommendation is to retain the current system of hybrid voting -- both online and paper ballots. Why it even came up for discussion was, let’s say, somewhat odd. Apparently influenced by a few comments on oceanpinesforum.com opining that the OPA should return to the glory days of paper ballots only, committee member Cheryl Jacobs told her colleagues that she supported the idea.
The rationale seemed mostly little more than personal preference, but she also said that paper ballots are a less expensive way to conduct an election when compared to online voting.
That’s debatable. Online voting results in lower postage expense, and those who vote that way don’t have to send their return ballots through the mail. That saves postage expense, and it’s not chump change. The more than 700 members who voted online this year contributed to cost savings.
Moreover, processing paper ballots by hand, sending ballots through scanning equipment, probably is more expensive for MK Elections and other vendors than simply compiling results of submitted ballots in a computer.
If the OPA ever decides to do away with hybrid voting, the more cost effective option would be to eliminate paper ballots with all of their potential issues. Controversies in recent OPA elections exclusively had to do with paper ballots, not those cast online.
But that option is not called for at the present. The current hybrid system preserves freedom of choice. There’s no compelling reason to change it.
Another provocative suggestion by the committee -- it appears in its post-election report -- is to expand the 35-day requirement pertaining to voter eligibility. The committee wants to work with the By-laws and Resolutions Advisory
Committee to adjust the 35-day eligibility date for voting or to change the date of the annual meeting from the second Saturday of August. The 35-day requirement refers to a provision in the by-laws that says that in order to be eligible to vote, a member must be in good standing -- paid-up assessment and no outstanding violation of OPA governing documents or rules and regulations -- 35 days prior to the annual meeting.
This suggestion will definitely need more explanation than what appeared in the committee’s election report.
Yes, the committee feels the 35 days is too compressed a period of time to deal with slow mail and other assorted tasks dealing with allowing those who have cured their deficiencies to vote. Fair enough.
What the committee has not done is to offer any evidence that this year’s election process went awry from the current 35-day requirement. Whatever the challenges, the committee seems to have dealt with them. No member has been disenfranchised because of the current 35-day requirement. At least not that has been reported. If it wants to change this requirement, the committee simply needs to be more persuasive.
In another suggestion, the committee missed the mark entirely. Almost in passing, the committee suggested the possibility of delaying announcing the vote count, for how many days after ballot are counted the report isn’t clear. This suggestion comes without any rationale whatever, and of all of the recommendations/suggestions in the report, this is the one that ought to be resisted by the Board.
Full transparency requires sharing election results soon after they’re known. On the same day.
The OPA does not need to return to the days when a select few knew the election results for several days before the membership at large did.
All in all, though, the committee’s suggestions and recommendations were mostly well thought out. The Board simply needs to sift through them and settle on the ones that make sense. Most of them do. -- Tom Stauss
Food and beverage contract out to bid
Those who make a living observing the affairs of the Ocean Pines Association or who do so for entertainment purposes should be interested in the process that General Manager John Viola and a working group will be embarking on in selecting a contractor to operate the OPA’s three food and beverage venues beginning next year.
Initial reporting and commentary failed to note the fine print of the request for proposals sent out to prospective contractors. It makes for interesting reading.
The RFP asks responders to project out for five
years projected revenues for the three venues, and then asks them to submit a proposal to lease these venues and offer a percentage of revenues to the OPA.
This is a standard commercial restaurant lease, but it’s a departure from the working relationship between the OPA and the Matt Ortt Companies, the contractor that’s successfully been running these OPA venues for the past five years or so.
It remains to be seen whether MOC will be willing to deviate from the details of the existing
Advisory groups make their pitch
When they function properly, advisory committees and racquet sport clubs in Ocean Pines serve a useful and important purpose as grass-roots conveyors of information and ideas to those who make the decisions.
A recent case in point is a proposal by two of the racquet sport clubs active at the Ocean Pines Racquet Center on Manklin Creek Road for a two-sport membership in next year’s budget.
Representatives from these two clubs pitched their proposal to the Budget and Finance Advisory Committee in late September. The reception was cordial and respectful. Committee chair Doug Parks suggested that they poll the membership to measure support for the two-sport option, which presumably would allow the current one-sport and three-sport options to continue.
The proponents argue that most members of any of the three sports clubs currently buy the one-sport
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
option now because they only play one sport. They argue that many of their members would opt for a second sport if a discounted membership rate for the combined two-sport membership is offered.
The club presidents were wise to embark on getting support for the two-sport option before the next budget process revs up into high gear. If the budget and finance committee were to embrace the two-sport option, it seems likely that General Manager John and his budget team would embrace it as well, even if the preference has been to replace the one-sport option with a one-size-fitsall three-sport option. IThat the club presidents were making their pitch to B&F this early and with such cohesion suggests that the recent
Food and beverage contract
From Page 36
relationship, that includes a $200,000 annual management fee and incentives, which this past year netted the company another $300,000 or so, according to Viola.
Read the fine print of the RFP closely and it turns out the OPA is willing to consider alternatives to the standard commercial restaurant lease arrangement. The RFP essentially says a prospective contractor can submit whatever proposal it wants, and it will be given due consideration by Viola and his working group.
What is not stated is whether the OPA prefers the standard lease arrangement over the management fee plus incentive structure that is currently in place.
Another fascinating provision is that the RFP also suggests the possibility of a responder submitting a hybrid proposal, one that includes elements of a standard commercial lease and incentives. The OPA might not be guaranteed a cut of revenues under a hybrid scenario, but then again, anything is possible.
Hybrid proposals will be given the same sort of professional and objective scrutiny that will be afforded the other options.
The availability of options might be construed as an advantage to MOC in whatever proposal it decides to submit to keep its contract and protect its investment in the OPA food and beverage venues.
MOC could simply decide to submit a proposal that mirrors what is in place now. Or tweak it somewhat if it feels it’s in its interest to do so. Clearly MOC can argue persuasively that both the OPA and MOC have been beneficiaries of the current arrangement. It’s been winwin.
Should some other contractor submit a proposal for
demise of the Racquet Sports Advisory Committee has not resulted in racquet sports members having little or no representation. In some respects, the current arrangement of individual clubs working with the racquet sports director is an improvement over the advisory committee system.
In most of the advisory committees, with a few notable exception, committee members are not allowed to interact with OPA department heads.
Meanwhile, the Aquatics Committee apparently has not given up on its proposal for a Cocktails and Sunsets event at the Yacht Club next year. At a recent committee meeting, General Counsel Bruce Bright was there to listen to com-
a conventional lease and percentage of revenues for the OPA, that’s when it will get truly interesting. How to compare proposals when it’s really not apples to apples?
As for the decision to seek competing proposals for managing the OPA’s food and beverage venues, the Board acted in accord with its fiduciary duties to run the association using best practices. As noted by General Counsel Bruce Bright, OPA governing documents envision putting professional service contracts out to bid every five years.
It’s not a reflection on MOC, or an implied indication that the OPA is somehow unhappy with MOC’s management of the three venues. It’s simply good business. Bright himself was a beneficiary of the policy, with his law firm replacing one that had the legal contract with the OPA for five years.
Viola has promised a professional process of reviewing competing proposals, and there’s every reason to believe him. By professional, it means that the OPA will treat every proposal and every prospective manager with courtesy and respect and will review each proposal objectively and fairly.
Yes, MOC has some vocal supporters on the Board and Budget and Finance Chair Doug Parks, a former OPA president and director and the OPA’s current parliamentarian, publicly declared his support for a new MOC contract. It’s a free country with a First Amendment that protects free speech.
Parks won’t have a vote on whatever proposal Viola brings to the Board for consideration.
Whatever Viola brings to the Board for consideration will be fully vetted and well thought out. Then it will be up to the Board to decide how to proceed.
A momentous decision, to be sure. -- Tom Stauss
mittee members make a case for how Cocktails and Sunsets, while catering to an older crowd, would be in many respects similar to the popular Family Fun Nights that skew to a younger crowd.
Both would be open to all age groups, with the only difference being drink options available to attendees and perhaps live entertainment that might appeal to an older crowd.
Bright vetoed the proposal for the summer of 2023 and may have effectively killed it for 2024 as well, believing that it would be construed as adults-only, and thereby running afoul of state and federal age discrimination prohibitions.
If he was truly in listening mode at the recent Aquatics Committee meeting, he would have learned that Cocktails and Sunsets should not be construed as adults-only.
In its initial iteration it might have been that, but in its latest incarnation it’s not.
Bright should act on what he heard and learned and recommend proceeding with Cocktails and Sunsets next summer.
It’s definitely worth a try.
The Ocean Pines Progress is a journal of news and commentary published monthly throughout the year. It is circulated in Ocean Pines and Captain’s Cove, Va. 127 Nottingham Lane, Ocean Pines, Md 21811
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Ocean Pines cafe benefits students in the culinary arts
Students from Worcester Tech staff new eatery in the Tidal Health complex
By CINDY HOFFMAN
Contributing Writer
Looking for a grab and go breakfast or a nice panini with a cup of soup or chai spiced latte? Look no further than The Pines Cafe, located on the Tidal Health Campus just outside of the North Entrance to Ocean Pines at 11101 Cathage Road in Building One.
Not only will you get a nice meal, but you will be supporting high school students in the Culinary and Pastry Arts program at Worcester Tech High School in Newark.
The cafe was the brainchild of Phil Cropper, the executive chef and department chair of the Worcester Tech Culinary Arts School. The school is accredited by the American Culinary Federation. He had been looking for a location in the community where his students could get real world experience in working and running a restaurant.
He went to his doctor at the Tidal Health building and saw the little cafe, which had been closed since COVID.
He reached out to Scott Phillips at Tidal Heath and pitched the idea of a teaching cafe. Phillips liked the idea of a community partnership with the school and, after Cropper received approval from the school board, the lease was signed and the Pines Cafe was open for business on Sept. 9.
“There was a line out the door on the first day,” Cropper said.
Currently, two students are working at the cafe, one full-time and one part-time. Cropper’s goal is to have three students working at the cafe, due to the high volume of business he is seeing already. Students attend classes first thing in the morning and then go to the cafe.
One of the students is Nick Zlotorzynski, a senior in the program from Bishopville. He has completed the Worcester Tech High School baking and pastry program and is certified by the American Culinary Federation.
Zlotorzynski is focusing on food production at the cafe. Cropper expects him to take over the ordering, food costing and merchandise in the near future.
“I see myself in the culinary field,” Zlotorzynski said. He loves the menu and enjoys making the food for customers.
Working in the cafe provides the training for the students on how to run their own small business or enter the workforce as a valid candidate for a management position, cook or baker at a local business, Cropper said.
Cropper has hired two manager mentors for the cafe. Anna Butler graduated from the program and is currently working on her masters degree. Rick Kuhar, a retired HR director, ran the hotel school at Cornell University.
The managers currently handle day-to-day operations.
“In reality, the goal is for the students to take over all of the cafe,” Cropper said.
“We have created a real world experience for the students. It’s a nice mix of academics and hands-on.”
The cafe provides an opportunity for the stuu
Nick Zlotorzynski, a senior in the Worcester Tech Culinary Arts program, is one of the students working at The Pines Cafe.
Pines Cafe
From Page 39
dents to get hands-on learning in managing a business and real world problem-solving, while making a paycheck.
The students who work at the cafe are paid minimum wage and they must complete 450 hours as part of the Maryland Youth Apprenticeship Program.
Students make about half of the items on the menu on site, including sandwiches and salads.
All of the baked goods are made at the school, due to the limited cooking facility on site.
The inventory includes muffins, mini-pies, scones, croissants and pumpkin blondies. There is also a culinary line of products and mini gift baskets.
“We had a stellar first week and are very happy with the community’s support,” Cropper said.
He is excited to see the response from the community, and he hopes to keep up the momentum. He encourages customer input.
Dee Creamer was enjoying the Chicken Pomodoro on a Friday afternoon. “It’s delicious,” she said of the sandwich. “It’s a good place to meet a friend and sit at a little table and have a drink and a cup of soup or a sandwich.”
Her friend, David Umberger, was enjoying the Cuban sandwich. This was the first time he has visited the cafe.
“It’s a nice quaint place here for people to come and enjoy themselves,” he said.
All profits from The Pines Cafe roll back to the culinary program at the high school.
The cafe must fund itself fully, including payroll, overhead and any other costs. There is no school system funding for it, said Cropper.
Cropper encourages people to order on-line at ThePinesCafe.com. There are tables in the cafe and they are planning a few outside.
The Worcester Tech Culinary Arts School also provides special treats around the holidays, such as side dishes for Thanksgiving, chocolates for Valentine’s Day and pies for Easter and take home dinners.
Now that the cafe is open, it will provide an additional pick up location for those on this side of the county.
Customers can also find jams, spices, relish and chutney. Visit worcestertechculinary.com for more information.
Raven’s Roost 44 raises funds for AGH, local scholarships
Local club always looking for new members
By CINDY HOFFMAN Contributing Writer
The Raven’s Roost 44 is more than a fan club for super Ravens fans. Club members also engage in fundraising activities for local charities.
The Roost takes its fundraising and it’s fun seriously.
The club will be hosting fundraisers in October to support its efforts to raise donations for Atlantic General Hospital. Over the past 16 years, the Raven’s Roost has raised more than $160,000 for Atlantic General Hospital.
“Atlantic General is our only local hospital and it is a non-profit, so funds are needed to maintain and improve the health care provided to local residents and visitors,” Gary Miller, an Ocean Pines member of the Raven’s Roost, said.
On Thursday, Oct. 10, Raven’s Roost will host a guest bartender fundraiser at Oceans 13 from 6-9 p.m. and on Friday, Oct. 25, the club will host cocktails and conversation with the Ocean Pines Association Board of Directors, General Manager John Viola and various department heads and staff at the Ocean Pines Yacht Club from 6-8 p.m.
Fifty/fifty raffles will be held at each event.
The group also has an annual raffle, with prizes including an amethyst bracelet, gift cards to local restaurants and an in-home catered dinner for six from the Shrimp Boat.
Tickets are $10 each and can be purchased by contacting Gary Miller at garywm1952@gmail.com.
In 2009, club members formed their first Raven’s Roost Penguin Swim Team. The team participated in the now annual Penguin Swim, hosted by the hospital every New Year’s Day, where swimmers come out to take a dip in the ocean and raise funds.
“When the Ravens Roost 44 Penguin Swim Team did our first swim, everyone had so much fun that we decided to do it again the following year. After the second year doing the swim and because several team members or their family had to go to AGH for various medical reasons over the years, as do a lot of visitors to our area, the Roost decided to make the AGH Penguin Swim one of our two top charities,” Miller said.
Over the years, the team membership has varied, going up and down in number of participants but a few hardy souls have been on the team since the beginning.
In addition to Miller, they include Tom Maly, Maggie Miller, Rob Carpenter, Bill Cordwell, Cindi Brought, Paul Neal, Dennis Faber and Anita Satterfield.
Others have participated on the team as well as all of the members that come out to cheer them on.
As the team got more organized, it started hold-
ing fundraising events to increase its total donation. These events included what is now the annual booze cruise, beer and wine tastings, and guest bartending events at various restaurants, silent auctions and a big end of the year raffle.
These team fundraising events increased the team totals dramatically.
This year, the team’s goal is to raise $9,500.
As the community grows more equipment and staff are needed to properly meet its needs, Miller said. “All money raised by the swim goes to AGH to help fill those staffing and equipment needs, and it is for this reason that OC Ravens Roost 44 chose to support this charity event.”
The Penguin Swim is not just for the hardy few that are willing to plunge into winter waters. The team rents a hospitality suite at the Princess Royale for friends to come and cheer them on.
In addition to its fundraising for Atlantic General, the Roost raises funding for its scholarship fund.
“We give out roughly $10,000 in scholarships to six graduating students from our local high schools each year,” Miller said.
Beyond fundraising, the Raven’s Roost 44 supports the home team with home game bus trips, special events and annual away game excursions.
“The Roost membership is made up of a diverse group of people, but all are huge Ravens football fans,” Miller said.
“Being a member of RR44 is a great way to meet other local Ravens fans, learn more about how the team functions and participate in various social events. Because members live in a wide area around Ocean City, there are a couple different places members go to watch the game.”
A large group goes to the American Legion in Ocean City where the Roost holds its monthly meetings. Members who live in Ocean Pines go to the golf clubhouse to watch the games.
To join the Raven’s Roost 44 and/or the RR Penguin Swim Team, visit ocravensroost44.com/join.
The Raven’s Roost Penguin Swim Team.
Chamber announces ‘Best of Us’ award winners
Aquatics Committee wants faster progress on maintenance issues
Two Ocean Pines businesses, A Bagel And ... and PopCe’s Homemade Ice Cream will be honored at Oct. 24 Yacht Club banquet
Lakernick downplays criticism, says panel has moved on
The committee listed several repairs as having no progress being made, including a rusted file cabinet in the Sports Core Pool, a cement pad around the Sports Core Pool that is cracked and flaky, the steps into the pool at the Swim and Racquet Club.
TBy ROTA L KNOTT
Contributing Writer
Ahe Worcester County Chamber of Commerce in Ocean Pines will host its 2024 ‘The Best of Us’ awards banquet on Oct. 24 at the Ocean Pines Yacht Club. Along with inducting their new slate of Directors for 2025, they will be celebrating several Chamber partners for their innovation, philanthropy, and successes in 2024.
meetings there while others enjoy their weekly get together for mahjong.
fter learning that a mobility-challenged swimmer was stuck in the Swim and Racquet Club pool for a short time because the handicapped accessible pool chair was broken, the Aquatics Advisory Committee wanted to make sure that the equipment is being properly maintained.
If you get there and there is no line, you’re in luck!
may not have been able to carry the person out of the water because of the narrow width of the pool stairs, he said. Miller called the stairs narrow, rickety, and dangerous.
They have garnered such a loyal following that hungry people come from all over, not just from within the Pines.
family operation with many of their children and relatives as employees.
The name, PopCe is a combination of the names those children call them, Pop and CeCe. Always looking for a way to change things up, Bob hosts events at the Manklin Station location often.
Committee Member Em Hench said the stairs have been a safety concern for years. She agreed that the stairs are narrow and said children play and congregate on them, making it hard for swimmer who are mobility challenged to get in and out of the pool.
They are truly a destination during their days of operation, Wednesday to Sunday.
Committee members have suggested that structural improvements may be necessary to ensure lifeguards working at the Ocean Pines Association’s pools can assist people in getting out of the water when equipment break-downs occur.
Two Ocean Pines businesses, A Bagel And ... and PopCe’s Homemade Ice Cream, will be honored during the banquet.
Both are located in the Manklin Station commercial complex inside the South Gate of Ocean Pines.
The Chamber’s New Business of the Year is PopCe’s Homemade Ice Cream.
During the committee’s July 10 meeting, Committee Chairman Gary Miller brought up the incident in which a swimmer used the handicapped accessible chair to get into the pool, but then something happened to the chair.
Committee Member Steve Ransdell said the OPA needs to ensure it is complying with the American with Disabilities Act compliance so people who need assistance can get in and out of the pool. He said if the lift chair doesn’t work there has to be a Plan B.
The Chamber’s Business of the Year is A Bagel And ...
“The chair wasn’t functioning properly, and they couldn’t get back out,” he said.
After decades of nursing facility administration, Bob Miller he was finally able to make a dream come true. He and his wife, Celeste opened PopCe’s Homemade Ice Cream in 2023 and haven’t looked back since.
The swimmer opted to stay in pool and wait for someone to come and repair the chair, which took 15 to 20 minutes, Miller said. But, if the chair wasn’t able to be repaired quickly, the lifeguards
For more than ten years, Mary and Bill Jaeger have served up fresh bagels, pastries, sandwiches, dog treats, and deli items. Their location is more than just an eatery. Many local groups hold business
The steps are on hold until the end of the summer season.
The Chamber also named Brendan and Chrissy Kashuba of Radio Ocean City as business persons of the year, and the Cricket Center as the non-profit of the year.
A Chamber press release announce that Bianca Deacon and Ryan McManus as ambassadors of the year.
Maintenance of aquatics facilities was on the mind of committee members during their June 21 meeting as well. They discussed on-going safety issues, including the steps at Swim and Racquet Club Pool and a cracked outdoor surface at Sports Core Pool. At that meeting the group discussed taking a pool tour to assess need for safety improvements.
Bianca is a Chamber partner with her business Shore Thing Promotional Products. The award celebration is a black and gold masquerade themed dinner. Tickets and sponsorships are available at WorcesterCountyChamber.org.
Anglers Club to meet Oct. 12
Committee members agreed that a wider, more stable set of steps may be a solution to these issues.
Testing the waters with innovative flavors and combos, Bob then branched out and now provides fresh, homemade ice cream to several local restaurants. It truly is a
Committee Board Liaison Stuart Lakernick said the criticism by some committee members of the pace of fixing maintenance issues has been overblown. And it’s not all about complaints, according to Lakernick. He noted that the committee is very impressed with the fact that Aquatics Director Kathleen Cook has been able to reach a full complement of guards for the summer.
The Ocean Pines Anglers Club will meet on Saturday, Oct. 12, at 9:30 a.m. in the Ocean Pines Library. The speaker will be Dave Allen, a resident of Ocean Pines and former chairman of the Ocean Pines Marine Activities Advisory Committee.
The committee’s July meeting agenda included an outgoing list of maintenance and repairs that it is tracking. Those projects were a broken gate at Mumford’s Landing Pool and a bare pipe without a shower head in the ladies locker room, both of which were repaired.
He become interested in growing oysters as a function to aid in cleaning local waterways of pollution. He has been growing oysters off of his dock now for the past three years. Dave will talk about the program, process, and his own experiences with the oyster restoration program. Also on the agenda: charter fishing opportunities, regulation updates and all things fishing. The meeting is open to the public.
“We’re moving on,” he said of the maintenance issues, adding that “we’re having good discussions about possible tweaks to aquatics memberships and options, including the possibility of a attractively priced weekly membership for guests of OPA members who aren’t prepaid annual or seasonal aquatics members. A special rate for grandparents is also under consideration,” he said.
Women’s Club of Ocean Pines celebrates 50th anniversary
Organization now focuses on scholarships for high school seniors living in Ocean Pines
By JOSH DAVIS Contributing Writer
Since 1974, the Women’s Club of Ocean Pines has raised tens of thousands of dollars for area scholarships and offered countless local women an outlet both to socialize and give back to the community.
Now in its 50th year, the Women’s Club boasts a roster of more than 100 members.
The club began to develop in 1972, when a group of women met to play cards, sew and talk about their new community. Originally known as the “Year Rounders Club,” the group raised $500 for the Ocean Pines Association from two bazaars they organized, with that money going toward a living community Christmas tree and card tables for the new community center. At the time, the primary purpose of the club was to acquaint new residents with the community and to promote social and civic activities.
The Women’s Club of Ocean Pines
Twas officially established in 1974.
In 1975, the club bought an “electro-printer” to aid in the publishing of the first Ocean Pines Homeowners Directory. The directory sold for $1 and included listings for 106 fulltime homeowner residents and 66 long-term renters. Club dues were $3 per year.
By 1981, total Women’s Club charitable donations topped $2,000. Just seven years later, in 1988, the club donated $19,000 from its Memorial Fund toward construction of the White Horse Park pavilion, marking the single-largest donation for that project.
The Women’s Club continued to thrive and provide scholarships and community donations during the 2020 COVID pandemic. Meetings were held via ZOOM and fundraising was a particular challenge. During this time the club originated the “Cash for Winners” raffle, which continues to be an annual fundraising event. This years’ raffle will have
a 50th Anniversary theme.
Today, the Women’s Club focuses on scholarships for high school seniors living in Ocean Pines. To help fund those scholarships, the club hosts game nights, fashion shows, bake sales, garage sales, and other social events.
Scholarships are awarded each May to local high school seniors based on academic achievement, extracurricular involvement, and dedication to the community
Scholarship amounts vary, depending on the fundraising success each year. The Women’s Club has provided as much as $7,500 for scholarships in a single year.
One student recipient who received a $1,000 scholarship in 2002 has “given back” more than $4,000 to the Women’s Club scholarship program since 2016.
He currently owns a business in Salisbury, where he lives with his wife and two daughters.
Since 2007, the club has award-
ed $69,650 in scholarships to 58 high school seniors. During the same period, the Women’s Club donated $35,315 to more than a dozen local groups, from Ocean Pines’ Recreation and Parks, Police and Fire departments, to Star Charities, Women Supporting Women, Costal Hospice, and Worcester Youth and Family Counseling Services.
The Women’s Club has also supported initiatives like the Ocean Pines Skateboard Park and the Worcester County Veterans Memorial.
There is only one stipulation to become a recipient of a Women’s Club donation: the money must benefit Ocean Pines residents.
Today, the Women’s Club continues to be a way for neighbors to meet while supporting their local community. The group is always looking for new members, as well as donors.
Members meet on the first Thursday of each month, except July and August.
Regular meetings host a quest speaker or occasionally the making of a craft item. Annual membership dues are $10.
For more information about the Women’s Club of Ocean Pines, contact Theresa Solyak at 717-4710703 or tsolyak@gmail.com.
Mid-Atlantic Symphony presents woodwind concerts
he Mid-Atlantic Symphony has announced its upcoming Woodwind Quintet concerts, part of the 2024-2025 Ensembles Series.
These special performances promise to deliver a musical experience that celebrates the artistry and versatility of woodwind instruments.
Concerts will take place on Sunday, Oct. 20, at 4 p.m. at the Academy Art Museum in Easton, Md., and on Saturday, Oct. 26, at 3 p.m. at Epworth United Methodist Church in Rehoboth Beach, De.
This concert series is noteworthy, as most of the repertoire is composed by women,and the performances will be delivered by an all-women woodwind quintet.
The carefully curated program features a vibrant selection of works, including Barthe’s Passacaille, which showcases intricate variations on a repeating bass line, a form rooted in the Baroque tradition that highlights the lyrical expressiveness of woodwinds.
The program also includes Eyes by Jennifer Cafolla, a contemporary composer whose work often blends personal reflection with inventive soundscapes.
In contrast, Claude Arrieu (Louise Simon’s Quintette en Ut exemplifies early 20th-century French charm, balancing playful melodies with rich harmonies, making it a favorite among woodwind ensembles.
Kaoru Kawai’s Yukimushi evokes the delicate beauty of nature, drawing on traditional Japanese aesthetics, while Cécile Chaminade’s Four Encore Pieces presents Romantic melodies that have captivated audiences since their composition in the late 19th century.
Amy Beach’s Pastorale, one of the first successful female composers in America, is a poignant work reflecting her mastery of lyrical expression, reminiscent of the natural landscapes she cherished.
Boris Agay’s Five Easy Dances adds a lively spirit to the program, pro-
viding engaging rhythmic patterns and a sense of joy.
Finally, Lina Mathon Blanchet’s Haitian Folk Tale celebrates the rich storytelling traditions of Haiti, offering a vibrant cultural representation through music that invites listeners into a world of narrative and emotion.
“We are thrilled to present this concert series, which not only showcases the exceptional talents of our musicians but also highlights the contributions of women composers,” said Jeffrey Parker, chairman of the MSO’s Board of Directors. “This program is designed to captivate both seasoned classical music lovers and those new to the genre. We invite everyone to join us and enjoy the allure and creativity of these remarkable compositions.”
For more information and to purchase tickets please visit www.midatlanticsymphony.org, or by calling 1-888-846-8600, or at the door.
Oktoberfest pickleball tournament Oct. 11-13
One of the biggest racquet sports events of the year returns with the fourth annual Oktoberfest pickleball tournament, Oct. 11-13 at the Ocean Pines Racquet Center.
The event each year draws several hundred players and spectators. This is the only pickleball tournament with cash prizes held on the Delmarva Peninsula.
For players, registration is $45, and the registration deadline was extended to Oct 1. Organizers are also seeking sponsors for the event at three different levels: gold ($1,000), silver ($500), and bronze ($250).
For information on sponsorships, contact Debbie Donahue atddonahue@oceanpines.org.
For tournament information, contact Jamie Lowe at tournaments@ sportsoffice365.com.
THoliday-themed items such as jewelery, potter, plaintings, wreaths, home decor and much more available
he Pine’eer Craft Club will host the 13th Annual Holiday Craft Fair on Saturday, Nov. 2, from 9 a.m. to 3 p.m. at the Ocean Pines Community Center.
The event is free and open to the public and will feature local artisans, crafters, and many members of the Pine’eer Craft Club displaying and selling their handmade creations.
As a juried craft show, the event limits the number of like items to ensure a variety of one-of-a-kind pieces. Shoppers can expect to find
Annual Veterans Memorial Tournament raises funds for education programs Craft Club to host annual holiday fair Nov. 2
Ta range of holiday-themed items, including jewelry, pottery, paintings, wreaths, pet products, American Girl doll clothes, stained glass, cross-stitched goods, home decor, and much more.
“We encourage everyone to come early, as many of the most popular items sell out quickly,” event cochair Debbie Jiwa said. “Our bake sale, which is a favorite among attendees, is usually sold out by noon.”
In addition to the craft offerings, shoppers will have the opportunity to purchase unusual, one-of-a-
kind items such as fabric-decorated plates, quilted items, and gourd ornaments.
The Kiwanis Club will also be in the Community Center’s Marlin Room, offering breakfast and lunch items for purchase.
Proceeds from the Holiday Craft Fair will benefit the Ocean Pines community.
The Pine’eer Craft Club, which is celebrating its 50th anniversary this year, has donated more than $177,000 to various local organizations, including the Ocean Pines
Police and Fire departments, Ocean Pines Recreation and Parks, and the Worcester County Veterans Memorial Foundation.
For more information about the Holiday Craft Fair, contact Jiwa at djjb7855@yahoo.com.
Founded in 1974, the Pine’eer Craft Club supports local artisans and the Ocean Pines community through craft shows, sales, and donations. The club has been active for 50 years and remains dedicated to fostering creativity while giving back to the community.
BJ’s Wholesale Club membership available
BJ’s Wholesale Club is once again partnering with the Ocean Pines Association to bring a special membership offer, effective Oct. 1-31, to benefit the Worcester County Veterans Memorial at Ocean Pines Foundation.
he Worcester County Veterans Memorial Foundation hosted its 17th annual Veterans Memorial Tournament on Sept. 18 at the Ocean Pines Golf Club, raising crucial funds to support educational programs for Worcester County students.
The tournament, which serves as the major fundraiser for the Memorial Foundation’s education initiatives, brought together 132 golfers, marking a successful event that supports an important cause.
Highlighting the day was Mickey Lobb, who scored a hole in one on the fifth hole — a first in the tournament’s history.
Proceeds from the tournament will benefit programs that provide local fifth-grade students with the opportunity to tour the Worcester County Veterans Memorial grounds. The field trips are part of a long-standing collaboration between the Worcester County Board of Education and the Worcester County Veterans Memorial Foundation, which has sponsored the trips since 2010.
The tours, led by volunteer docents, offer students a chance to learn about the sacrifices made by veterans, the history of American military service branches, and proper flag etiquette. Junior ROTC cadets from Stephen Decatur High School, Snow Hill High School, and Pocomoke High School provide additional support by demonstrating flag handling and folding, fostering meaningful connections between generations.
In addition to the hands-on learning, each student receives an activity guide designed to reinforce the lessons learned during the tour and encourage further discussions about their family’s military service history.
The Veterans Memorial Foundation operates as a 501(c)(3) nonprofit organization. Those interested in giving back to the community can volunteer to become a docent.
Training begins in April, ahead of the annual student tours in May and October.
For more information about the Veterans Memorial Foundation or how to get involved, contact Marie Gilmore at 410-726-2881 or opmarie@aol.com, or Don McMullen at 443-388-2941 or dmcmullen1@ aol.com.
Ocean Pines resident has jersey retired at Navy football game
Bob “Reif” Reifsnyder, an Ocean Pines resident for more than 30 years, was once the top college football player in the country, winning the Maxwell Award in 1957 for the Navy Midshipmen. Reifsnyder had his jersey number, 58, retired during halftime ceremonies on Saturday, Aug. 31 at Navy-Marine Corps Memorial Stadium in Annapolis.
“It’s a great honor and they only do it for a few people,” he said. “But the big thing is, I’ve always looked upon those type of things as honoring your team, because if you weren’t on a good team with good players, you wouldn’t go and get that kind of recognition.” Navy would only lose two games from 1956 to 1957 during Reifsnyder’s heyday, and the team finished ranked #5 in the country in 1957.
With this offer, new members receive a 12-month BJ’s Club Card Membership for $20 or a BJ’s Club+ Card Membership, which earns 2 percent cash back on most BJ’s purchases, instant 5-cent discount at BJS Gas, and rewards that never expire, for $60 with BJ’s Easy Renewal.
Existing Club Card members can purchase a 12-month renewal for $50. Existing Club+ Card members can purchase a 12-month renewal for $100, with BJ’s Easy Renewal.
In addition to offering special membership discounts, BJ’s will donate $10 for each completed new BJ’s Inner Circle application, or $5 for each completed BJ’s existing membership application received, to the Worcester County Veterans Memorial at Ocean Pines Foundation.
To take advantage of this special offer by phone, call 800-313-8887 and use promo code 100407 (Monday-Friday, 9 a.m. to 6 p.m.).
BJ’s membership applications are also available at the OPA Administration Building at 239 Ocean Parkway and online at oceanpines.org. Applications must be returned with payment by Oct. 31. Check and credit card payments will be accepted. Applications may be dropped off at the administration building front desk or mailed to Ocean Pines Association, Attn: Marketing, 239 Ocean Parkway, Ocean Pines, MD 21811. To download an application, visit oceanpines.org and click on the “News” section. This offer is not available online, at any BJ’s location, or for any current Easy Renewal members.
CURRENTS
Judge rules against Birckhead plaintiffs, awards attorney fees to defendants
Those who packed courtroom supporting litigation were dumbfounded when verdict went against them
By TOM STAUSS Publisher
Judge Lynwood Lewis has decisively rejected arguments by the seven plaintiffs in the socalled Birckhead litigation that the Board of Directors of Captain’s Cove Golf and Yacht Club acted outside its authority in the four issues considered by the Court.
In remarks from the bench Sept. 24, in a packed courtroom filled with Captain’s Cove supporters of the Birckhead plaintiffs, the judge succinctly favored arguments in the case by CCGYC and its co-defendants, Declarant CCG Note.
It took about 20 minutes for the judge to issue his rulings.
His decision, which also included an indication that the successful defendants were entitled to attorneys fees paid by the plaintiffs, left many in the courtroom dumbfounded, as they apparently had been expecting a different outcome.
Judge Lewis opened the proceeding with an opening comment, mentioning that he had spent 20 years in the Virginia General Assembly and every few years issues arose between property owner associations and its members and that for some reason, it was “fertile ground for dispute.”
He told the plaintiffs that there are “less stressful and more cost effective ways to deal with” differences than to embark on civil trials.
He then mentioned that the Board of Directors of a property owners association is obligated to follow
governing documents, which in the case of CCGYC are the declarations of restrictive covenants, articles of incorporation, and the by-laws.
He noted that three claims in the
Birckhead litigation had already been resolved by retired Judge Revell Lewis III and that he would be ruling on the rest.
Another claim, that Cove inves-
tor Stonewall Capital had not paid assessments owed the association, was “non-suited” earlier in the trial, leaving four to be resolved.
Perhaps the most critical remaining issue in the litigation involved responsibility for building roads in Sections 1-13 of Captain’s Cove, CCG Note or CCGYC.
The plaintiffs sought a determination by the judge that the Cove’s governing documents do not confer upon the CCGYC Board of Directors the right or obligation to build new roads in Captain’s Cove. They wanted a court order to enjoin the CCGYC Board from doing so in the future.
Accepting the argument made by the defendants, Judge Lewis noted that Captain’s Cove roads were transferred to the Association in 1973 and since that time the Association has paved many of those. All streets transfered were those platted on the recorded subdivision map, he said.
He discussed Declaration #12 with regard to the community’s welfare and the responsibilities of the Association,and he then reviewed both Websters and Black’s Law Dictionaries definition of the word “improvement.” The definition is important because CCGYC when it accepted the roads in 1973 took on the responsibility for improving the roads in its inventory.
Judge Lewis summarized the term to mean bring to a “more valuable condition” and “to increase the value or utility.” He noted that paving roads increases the marketability of the association-owned lots, allowing the association to divest itself of those lots, reduce the property taxes and other costs of association-owned lots, and add new dues-paying members, all of which he said are beneficial to the association.
That the association may tar and chip platted roads owned by the association is an allowable act and not “ultra vires,” he said. Ultra vires is
The invited guests at the Cove’s Doggie Swim in early September test the waters before diving in.
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Judge rules
From Page 44
Another issue in the case involves a dispute over whether CCG Note is required to service a loan mentioned in the 2012 Settlement Agreement between CCGYC and CCG Note, but which the defendants assert was never executed by the Cove association Board of Directors at the time.
Plaintiffs were seeking a court order requiring CCG Note to write a check to the Cove association covering annual payments of $50,000. Another possible outcome would have been a court order requiring the association to sue CCG Note to recover the disputed annual payments.
CCG Note attorneys argued for an outcome in which the declarant would be absolved of any responsibility for repaying a loan that it contends does not exist.
struction in Captain’s Cove, including build-out in Sections 12 and 13.
In ruling for the defendants, Judge Lewis noted that appeared to him that the agreement was drafted by the parties and not attorneys.
There was clear contemplation of a $1 million dollar loan in the agreement, he noted, but he also determined that no such loan existed and because of that “there is no obligation for CCG Note to make payment.”
Judge Lewis said that the CCGYC Board had exercised its “business judgment” in a collaborative matter and that the Court wouldn’t “second guess” the Board’s business decisions.
He noted that CCG Note had made payments to CCGYC in the timeframe after the settlement agreement and that this demonstrated that mutually beneficial decisions had been made among the parties.
He again ruled that the actions of the association were not ultra vires.
in governing documents to convey building lots in Section 13 to the Greenbackville Volunteer Fire Department for possible use as a future site as an emergency medical satellite facility or firehouse.
This issue had seemed to be moot for some time, as the declarant has said it is no longer interested in having a facility built on numbered lots in Captain’s Cove. CCG Note is no longer party to a townhome project in which an alternative proffer of land to Greenbackville Fire Department had been made.
With regards to the proposed EMS station, Judge Lewis noted that the proffer of an alternate on land near the east entrance into Captain’s Cove where the townhome project is planned is not on land owned by the association.
He said that nothing has been presented to the Board with respect to an EMS facility and that CCG Note no longer owns the Mariner-Hastings parcel where the townhome project is planned.
not be issuing any injunctions or other actions sought by the plaintiffs.
Another issue conclusively resolved by the Court is whether Seaview Street has to be built by CCG Note or is the responsibility of CCGYC to complete. Currently it’s on a priority list that a working group on roads has established.
Judge Lewis noted that Seaview Street is a platted, unpaved dirt road and that the Association owns 21 lots along it.
But he said he had discussed the issue of responsibility for road paving earlier and there was nothing “presented otherwise for the Court to rule over.”
Similarly, with respect to Starboard Street, Judge Lewis said there had been no preferential treatment to any lot owner or CCG Note and that the Board had not acted outside its authority in dealing with this street.
The declarant since 2012 has paid the debt service on three separate private loans used for road con-
A third issue resolved by Judge Lewis concerned a question over whether CCG Note is authorized
Judge Lewis said that since the association is not involved in approving an EMS facility, he would
There is no action for the Court to take regarding Starboard Street, he said.
In a comment that covered the
Page 49 a legal term meaning acting beyond one’s legal power or authority.
To
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CAPTAIN’S COVE LOTS FOR SALE
GOLF COURSE LOTS
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$2,550 7/34 Wooded
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$5,000 4/2364 Wooded, Corner
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$6,000 9/34 Cleared
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$10,000 4/1982 Wooded
$10,000 4/1984 Wooded
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$10,000 4/1998 Wooded
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Judge rules
From Page 46
contentions by the plaintiffs in all the issues they raised, Judge Lewis said that claims that CCGYC or CCG Note had violated the Declaration of Covenants were “too unspecific and overly broad” and that in any event there was “nothing for the Court to rule or act upon.”
He then asked if the attorneys from the respective parties wished to comment. Douglas Kahle, the plaintiffs’ attorney, declined.
James Walker, the attorney for the insurance company that handled the case for CCGYC, asked Judge Lewis whether he wanted Walker to write up an order summarizing the judge’s decisions. The judge authorized the attorney to draft the order.
He then raised the issue of attorneys fees on behalf of the association and the insurance company. Judge Lewis confirmed that they are entitled to recover expenses and he asked Walker to produce a schedule of fees that Kahle could review before the Court would approve them.
Mark Baumgartner, attorney for CCG Note, declined to comment.
Birckhead ‘flabbergasted’ by Court ruling
Calls it a sad day and an injustice, and says the solution is to elect a new Board of Directors with no declarant membership or influence
By TOM STAUSS Publisher
The plaintiff whose name has become synonymous with a sustained legal campaign against the Board of Directors of the Captain’s Golf and Yacht Club and declarant CCG Note has expressed surprise and dismay at Accomack County Circuit Court Judge Lynwood Lewis’s rejection of every argument she and six other plaintiffs made in their litigation.
“Sad day in court,” she said after the judge issued rulings on four legal issues that remained to be decided in the protracted litigation. He also announced his readiness to order the plaintiffs to pay the legal fees incurred by the CCGYC, with CCG Note also likely to seek similar compensation from the plaintiffs.
Estimates for these cost exceed $100,000 each for the law firms representing the defendants. That will only increase should the plaintiffs follow through and file an appeal with Virginia’s Court of Appeals.
Previously, the plaintiffs said they were planning to appeal a decision made earlier in the case by re-
tired judge Revell Lewiss II, no relation to Lynwood. That decision clarified that ownership of Captain’s Corridor in the vicinity of the east entrance, site of a planned townhome development, was shared by CCG Note (east of the center line) and the owners of the planned townhome development (west of the center line).
The judge ruled that there was an easement, a right of access, for the public to traverse this stretch of Captain’s Cove, and that CCGYC had no ownership rights to it
Birckhead in her social media said that “we are just flabbergasted that the judge did a 360 with the road construction vs. road improvement issue.”
The defendants cited governing documents originating in the 1970s, and the 2012 Settlement Agreement, as conclusively showing that a former declarant/developer conveyed the roads in Captain’s Cove and responsibility for their maintenance and improvement to the property owners association.
The judge agreed.
“The issue with the proffer [related to a new emerTo Page 51
By TOM STAUSS Publisher
FHearn slams CCCC appeal solicitation
Questions whether it’s advisable for plaintiffs to pursue their claims further
ormer Captain’s Cove Golf and Yacht Club director and president Tim Hearn, currently a candidate for an alternate position on the Board of Directors in this fall’s election, issued a no-holds-barred reaction to Judge Lynwood Lewis’s rulings Sept. 24 in the Birckhead litigation.
He was reacting to the various social media
Birckhead reaction
From Page 49 gency medical response facility] was moot because the Declarant plans to proffer the commercial lots now,” Birckhead said of another issue settled by the judge.
While it appeared that there was no real controversy over this issue, it nonetheless remained as one of the issues in which the plaintiffs were seeking a court decision.
Finally, Birckhead opined that the Starboard issue was “because our BODs don’t require Swan Gut property owners to riprap or bulkhead their properties because they aren’t on tidal water. Unbelievable!”
Birckhead said the organization of which she serves as president -the 4 Cs -- “will have to pay for the legal fees for their attorneys and those of the Association’s.”
Actually, the Concerned Citizens of Captain’s Cove, or the four Cs, were not parties to the litigation.
The plaintiffs are all officers or members of the CCCC’s Board of Directors, and they, not the CCCC, will likely be targeted for debt collection efforts by the prevailing defendants.
Until it’s known whether the plaintiffs will follow through with an appeal of Judge Lewis’s rulings, final legal expenses won’t be known, and it’s possible that the defendants will await the outcome of the appeal process before submitting legal expenses for court review.
Also in her post, Birckhead renewed a central complaint from the lawsuit. “It is an injustice to the residents of Captain’s Cove to be developing and maintaining the subdivision. I have never seen this in a Virgina sub-division,” she said.
She then offered a political solution to the legal setback.
“We can only share that the only way our community can move forward [is] for the members to have a BOD comprised of its members,” she wrote.
comments that followed the rulings and indications that the plaintiffs would appeal Judge Lewis’s rulings to Virginia’s Court of Appeals.
His statement follows:
“While the Birckhead faction went into court on Sept. 24 with a prior legal track record of 0 for 24 (and an additional 0 for 4 with the Accomack County Supervisors and Planning Board), it was remarkable to see them and their followers
act shocked and bewildered that the judge then ruled against them on the final eight complaints they filed against CCG Note and CCGYC.
“Rather than accept the legal flaws and lack of evidence they provided as the continuing reason for their lack of success, the Birckhead faction has been posting on social media that Judge Lewis must have been bribed, and that they were
Hearn reaction
From Page 51
treated in a legally unfair manner.
“These are not just hyperbolic statements but are slander and libelous. Comments like these are examples of someone being desperate, so let’s focus on what is making the Birckhead faction so desperate.
“The lawsuits were filed by seven individuals: Teresa Birckhead, Bill Leslie, Linda Reese, Barry Magrogan, Jim Hayes, Tom Reidy and Joyce Platterspiel. They filed
seven individual complaints against the association (CCGYC) and seven individual complaints against CCG Note, LLC.
“While these seven (known as Birckhead et al.) hired their legal counsel individually, they have been fundraising through the community using the Concerned Citizens of Captain’s Cove) CCCC entity as part of their fundraising strategy.
“During that fundraising effort, they have made representations to members of the community that the fundraised dollars will first be
used to pay for legal bills previously incurred. They have represented that the costs to date are close to $100,000, but they did not explain that large amounts of those costs were for fees associated with the unsuccessful Birckhead 1.0 lawsuit, for which the seven were already on the hook.
CCGYC would receive from CCG Note, LLC. It should be noted that no such claim was made in the legal filings, so there was never any possibility such a recovery could be made by the Birckhead faction.
“Even worse, they indicated to the prospective funders that once their lawsuits were successful, they would be able to recoup all of their legal fees, plus have a claim on a fictitious $1 million payment that
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“Their fundraising pitch also indicated that those who “invested” first in these legal actions would be the first ones to receive their money back once the court ruled in Birckhead et al.’s favor.
“Birckhead et al. was so certain of their upcoming victory and payday, that they had the courtroom packed on the 24 th. The gasps of astonishment from the gallery when the judge issued not only a ruling against the remaining eight Birckhead et al. claims against CCGYC and CCG Note, LLC but also ruled in favor of the reimbursement of attorney’s fees for the victors were indicative of an audience that clearly had been misled.
“Even more, those individuals who had helped to fund the legal fees with the expectation of a piece of the recovery and profits were left with nothing.
“So why would a group who now has a legal track record of 0 for 32 continue to claim fraud, make new false claims against the judge of accepting bribes, and tell their audience they will now appeal these newest rulings? Their recent social media posts provide an explanation.
“With the judgments and cost of legal fees they are on the hook for in excess of $200,000, they are desperate to shift some of this onto others, and they are also not willing to admit to the past funders that the promises of a share in the winnings were just empty marketing misrepresentations and sounds suspiciously like a notorious investment scheme, where the late money invested is used to pay back the early investors.
“In addition, the recent posts from Birckhead show an effort to make this a CCCC responsibility, even though CCCC was not the plaintiff. Making things even more problematic for the seven is the fact that when it comes to providing payment to the victors, the victors do not have to seek 1/7th from each plaintiff, as the law allows that the judgments do not have to be pursued from those plaintiffs who may have limited net worth.
“Given these dire circumstances, holding one self out as a martyr who wants to pursue the next legal appeal is a sign of economic des-
‘A Team’ candidates, Hearn spar over easing rules for participating in Board of Directors elections
Former director says he’s ‘surprised’ his opponents are proposing to allow delinquent members on payment plans to vote
By TOM STAUSS Publisher
The five candidates running for the Board of Directors and calling themselves the A Team recently asked the Property Management Team and the Board of Directors for a clarification of voter eligibility, including allowing those property owners who are on a payment plan to pay off debt owed to the association to vote in the annual Board election.
Another candidate for the Board, former director and association president Tim Hearn, is pushing back on the proposal. Hearn is running for the alternate seat on the Board.
So far it appears that the PMT and the Board of Directors are siding with Hearn.
Hearn reaction
From Page 52
peration. The fact is that an appeal will not only cost more legal money for Birckhead et al, but when proven unsuccessful, will increase the amount of reimbursement owed to the other side.
“This is no more a legal strategy than the losing gambler who is 0 for 32 at the roulette table and needing to borrow more money from their friends ‘because I’m really going to win this time.’
“How expensive could it get for those who want to keep funding these unsuccessful actions?” he said.
Hearn then cited a case that he said demonstrated “what happens when Doug Kahle and a client make repeated unsubstantiated claims against others and then lose repeatedly.”
He advised that anyone interested should go online “and review the $1.5 million in attorney’s fees and damages recovered from Kahle and his client” in Civil Action No. 1:16cv1162 (TSE/JFA) 05-30-2018 VALADOR, INC., Plaintiff, v. HTC Corporation, et al., Defendants.
“There has been some confusion and concern about who will be allowed to vote in the coming Board election,” the five A Team
candidates wrote in a letter to the Board and PMT.
“Members reported receiving messages from staff that were un-
clear or inconsistent. Some were told that anyone on a monthly payment plan would lose the right to vote. This may or may not be true, however we can find no written policy on this issue.
“The Property Management Team also sent out an email blast saying if you have a balance due of as little of 1 cent, you lose your right to vote,” the group said.
The candidates alleged that setting election rules and overseeing staff is currently under the control
To Page 54
Phillips defends Town Center project
Senior general manager says Town Center building won’t cost $2.5 million to replace
By TOM STAUSS Publisher
Senior General Manager Colby Phillips, during the Sept. 23 Property Management Team meeting, gently pushed back on critics who have reacted badly to an estimated $2.5 million for the Town Center rehabilitation project that was part of the recently complete capital reserve study by DMA Reserves of Richmond, Va.
Five candidates running as the “A Team” for the Captain’s Cove Golf and Yacht Club’s Board of Directors this fall have questioned the cost, suggesting in the candidate’s forum earlier in September that the association should consider renovating the building rather than burdening CCGYC members with the cost of a new building.
They contend that debt service on a $2.5 million project would inevitably lead to higher assessments, assuming that CCGYC could qualify for a bank loan.
In comments at the PMT meeting over which she presided, Phillips answered the criticism.
She said that $2.5 million would not be needed to replace the Town Center building, which includes the pro shop and a popular grill and inside seating for that venue.
She said the project includes much more than replacing the building. It includes replacing the old pool pump house with a facility that would look like the one at the Marina Club outdoor pool. It includes replacing the old cart barn, she said. Previously announced features of the rehabilitated Town Center campus would include an expanded veterans memorial, new playground equipment, refurbished tennis/pickleball courts and new sidewalks.
Responding to critics who contend that razing the existing pro shop would adversely affect pro shop revenues until the new building was operational, Phillips said that “we’ve discussed a temporary building to replace the pro shop and food trucks.”
CCGYC member Tom Barton questioned whether spending $2.5 million is even feasible, given the association’s bad debt situation and other factors. He asked Phillips whether the PMT has contacted banks to determine
Participation rules
From Page 53
of the people handpicked by the declarant, CCG Note.
“And the developer benefits from limiting voting by members. These things have given members the impression that this election may not be run fairly. To counter this impression, we are asking the Board to take four steps that they contend would help ensure a fair election:
• The Board should develop and approve a policy for handling dues and voting rights that is fair and reasonable. This should be placed in the Community Rules document and shared with all members and staff.
• This policy should make it clear that anyone who is in compliance with an approved payment plan retains all of their rights, including voting rights.
• This policy should also state that anyone with a nominal balance of under $25 retains their rights as a member in good standing. This reflects the reality that at times the mail system or staffing issues delays a payment. Members should not lose their rights as a member over such a small, inconsequential amount.
• We also propose that a truly independent party oversee the decisions regarding whose ballots should be disqualified to remove the appearance of any bias or impropriety.
The candidates, John Hvizda, Patty Borrelli, Gini Beers Weslowski, Catherine Bean Malstrom, and Thomas Polaski, conclude by saying that all Board members “should be encouraging voting by members, and these suggestions would demonstrate your commitment to do so.”
Hearn was not persuaded.
He said that Section 12 of the
whether CCGYC would be considered a good candidate for receiving a bank loan to finance $2.5 million in new capital expenditures.
Phillips said that indeed she had been in touch with a local bank, Taylor Bank, with which CCGYC has a close working relationship.
“They commended [Controller] Sara [Shifflett], her department and the Cove auditor” for their financial management, and said that Taylor Bank is willing to discuss the financial needs of the association.
Details matter, of course, and Phillips insisted that while DMA Reserves had come up with a $2.5 million Town Center estimate, it hasn’t been confirmed, and that an actual cost wouldn’t be arrived at until after much more research and a bid process.
She said it would be a Board decision to initiate a bid process after consulting with the membership.
On the question of renovating or replacing the Town Center building, Tim Hearn, former CCGYC president and director and current candidate for an alternate seat on the Board of Directors, recently offered some insight.
At the Sept. 9 candidate’s forum, Hearn said the building will probably need to be replaced because it sinking slowly, caused by 1970s-era pilings that continue to settle.
But he also said that in any construction project, costs can be contained.
“It’s construction,” he said.
The reserve study projected that the Town Center project would be addressed in the 2027-28 time-frame.
Broadband, EMT staffing, and health care
In opening remarks at the Sept. 23 PMT meeting, Phillips discussed three projects that she had heard were the greatest needs of the community shortly after arriving in Captain’s Cove more than three years ago. One was bringing broadband, high-speed Internet service to Captain’s Cove, a task that is mostly complete.
Regarding emergency medical technician staffing at the Greenbackville Volunteer Fire Department, Phillips said that C. Ray Pruitt, the county’s
Declarations and Article VI of the by-laws contain language that voids the ability to vote by a delinquent member.
The A Team comments “show either a disregard for these community declarations and by-laws, or a disregard for the mechanism to change them,” Hearn said in a response obtained by the Cove Currents.
“If the A Team is so fluent in the organizational documents, then it should know that the Board does not have the legal authority to change the declarations,” he said. “A member who is on a payment plan is, by definition, in default [and ineligible to vote]. The payment plan keeps the account from being turned over to collection, but it does not cure the default.
“Any arrearage is a default; neither the declarations nor the bylaws show that a default doesn’t
exist just because the amount is deemed by the A Team to be minor. Interest is accruing daily, and every member has the ability to bypass the U.S. postal service by paying online through the Member portal,” he said.
Hearn scoffed at the notion that an “independent party” is needed to determine if an arrearage exists. “Any negative number on an account determines that an arrearage exists,” he said.
He concluded by saying that given accounts receivable that the Cove association is trying to collect, “and the amount of the annual assessment that is triggered by these defaults, I am surprised that a candidate would want to reward delinquent members with rights the organization does not assign to them. Curing 100 percent of the the default is the best way to achieve all goals,” he said.
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Duffy
From Page 9
PMT meeting
From Page 53
deal about the fact that the Association is going to pay money to put a bulkhead on Starboard Street, along the street, mind you, rather than [forcing] CCG Note to bulkhead its lots on the marsh side...
pothole.
on that road don’t have to worry so much about that ridiculous flooding that you saw,” Duffy said.
“The pothole is still there,” she said.
emergency services director, recently said that a training class for potential future EMTs would end in March, after which more graduates would be assigned to the GVFD.
The result will be more days in the months with 24-7 coverage, she said.
She also reported that she recently spoke to Nick Chuquin, president of Riverside Memorial Hospital, to discuss the need for an auxiliary medical facility in the immediate vicinity of Captain’s Cove.
“They’re aware of the need,” she said, suggesting that there was the possibility of such a facility open to Cove residents in several years’ time.
New member orientation Oct. 26
“There is absolutely no requirement by the Association for owners on the marsh side of Starboard Street to install a bulkhead. And you heard some testimony as to why that is. That marshland is heavily regulated. It would be very difficult to get [bulkhead] permits. On some occasions, you can’t even do dredging.
Also at the Sept. 23 meeting, Phillips announced that a new member orientation meeting would be held in the Marina Club on Oct. 26 from 2-4 p.m.
that same enjoyment to property of having the paved roads. They want to be able to do that to other areas in the community. And as we’ve established through the evidence, this is all authorized conduct. It’s in the Declaration, and it’s also in the articles of incorporation. And I think plaintiffs tried to avoid this article as much as possible, but I remind you, Your Honor, the Articles of Incorporation, Article 2, paragraph 2, that the Association has the right to repair, maintain, rebuild and/or beautify all streets and fairways.
Roger DeGeorges, the county supervisor whose district includes Captain’s Cove, will be attending to answer questions from attendees. A representative from Aqua Virginia, the Cove’s water and wastewater treatment utility, will also be attending, she said.
EMS station issue
A more user-friendly Website
Duffy said she thought this issue was laid to rest earlier in the trial.
ment, she s id the plaintiffs have not established that any action or an action by the Association related to the 2012 settlement agreement is a violation of the governing documents.
After Michelle Mathews-Kalinock asked about the location of some financial information on the CCGYC Website, Phillips acknowledged during the Sept. 23 meeting that some content can be difficult to find.
She said a working group of PMT members is looking at changes to the site that would “make the Website a little more user friendly.”
Ballots, proxy, AppFolio glitch
“You heard testimony from Mr. Majerus this afternoon. The Association never approved the {proffer} statement. No one has asked the Association to approve the [proffer[ statement. There is no vote. There’s no plan to make a vote. Quite simply, this is not anything that is being considered by the Association.
“The Association is entitled, via the governing documents, to enter into contracts, which would include entering into a settlement agreement. So there’s no question that simply entering into a settlement agreement is not an {action beyond legal authority.]
Also during the Sept. 23 meeting, General Manager Justin Wilder reported on a number of issues he’s been dealing with.
Road financing issue
Ballots and other materials related to this year’s Board of Directors election were received by most association members by late August, he said. He acknowledged some quality control issues in the mailing, including some members receiving election materials but no ballots. Ballots are sent out to the member when that happens.
Giddings defends pothole repair
While she said there is no active plan to pursue roads build-out in Captain’s Cove, “it is all conduct which is authorized by the governing document. There is also nothing about the proposed plan with respect to these roads that indicate some form of singular benefit to CCG Note.
She then moved on to the Starboard Street bulkhead issue.
“The Association has only ever required bulkheads to be installed on lots on a canal and on a paved road. That is not the marsh side of Starboard Street. So there is no way we’re going to ignore CCG Note’s failure to put up a bulkhead, because there’s no requirement for CCG Note to put up a bulkhead.
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Another meeting of interest: the short-term rental work group is scheduled to meet Oct. 17 at 10 a.m.
After a CCGYC member contended that a pothole repair on Captain’s Cove was done poorly and is coming undone with hazardous loose stone, Maintenance Director Jimmy Giddings defended the contractor’s work and said that loose stone after a pothole is filled is not atypical, and that eventually the stone ends up on the side of the road.
Starboard Street
The exchange occurred during the Sept. 23 PMT meeting.
“The plaintiffs have made a big
‘And in light of the fact, Your Honor, that CCG Note doesn’t even own Hastings Mariner anymore, I would be quite surprised to see if this ever becomes an issue for the board.
Duffy then spent considerable time in her closing remarks to discuss the 2012 settlement agreement with respect to the issue of financing new road construction.
Proxies to those who can’t attend the annual meeting but want their voices heard have been mailed, he said.
Wilder expressed understanding and sympathy for members who have encountered an apparent glitch in the AppFolio software that can be accessed by members to check the status of payments.
“And I want to remind you, Your Honor, the purpose of the bulkhead that’s been proposed for Starboard Street, it’s to protect Starboard. It’s to reduce the flooding so that the other homeowners, the class A members who have lots and homes
The member was not satisfied, and he urged Giddings to check out the
“But beyond that, your honor, there is no actual case of controversy with respect to the EMS station, because there is no planned action. There’s not even anything in front of the Board to consider.
According to an earlier e-blast sent out by the PMT, members accessing their personal information on AppFolio may see a Current Balance listed, even if the account is up to date.
“What the plaintiffs want you to do is issue an advisory opinion, which I know your honor is very well aware, is not permitted,” she said.
Citing the 2012 settlement agree-
“The Association hasn’t completely walked away from this document and said, oh, well. No. What the Association has done after learning that there was an issue with a provision within it, is despite not having a loan that was represented as existing at the time of the settlement agreement, and despite efforts by the board early on to actually ob-
The e-blast said that AppFolio now displays upcoming charges as part of a member’s “Current Balance.” For example, if there’s an upcoming charge on Oct. 1, this amount is already reflected in the member’s balance, making it seem like there’s a charge due when, in fact, it isn’t due until Oct. 1.
To Page 56
• Filters all household water at the point of entry
• Reduces particulate levels and suspended matter in your entire household water supply
• Reduces new scale formation and aids in the removal of existing scale
• Reduces chlorine levels along with other offensive tastes and odors in your entire household water supply
• Keeps residue from impurities off your family’s clothes, bed linens and dishes
• Eliminates impurities in the steam and water in showers and baths
SEPT.
30 BOARD OF DIRECTORS
MEETING
Board approves new playground equipment
By TOM STAUSS Publisher
TCost is slightly over budget for this Town Center project
he Board of Directors approved playground equipment for the Town Center campus at its Sept. 30 monthly meeting, accepting a recommendation from Senior General Colby Phillips for a Town Center project that will cost $67,373.
The successful bid by the vendor, Backyard Escapes, included $54,507 to deliver and install the new equipment on the site of the old playground. In-house removal of the old equipment and landscaping for the new playground is estimated to cost $4,000, and equipment for a toddler’s area adds another $8,896 to the project.
A competing bid came in at $89,395.
Phillips said fencing on three sides of the playground would be replaced with landscape edging, with fencing on the fourth side on a hill retained because of its proximity to a street.
She said in-house prep work on the site would begin in October, including removal of the old equipment, with installation of the new equipment expected by December and a ribbon-cutting next spring.
The motion by Mark Majerus, president of the Cove property owners
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PMT meeting
From Page 55
Members were advised that if the current balance matches the total balance in the account, it’s fully paid and up-to-date and no action is required until October dues are applied.
Wilder said that any member inconvenienced by this glitch would not be held at fault and that the member is “still eligible to cast” a ballot.
The issue is being worked on, he said.
Sign violations and voting
Wilder also said that a member caught up in a sign violation during the current political season would not see his or her eligibility to vote in CCGYC Board elections affected in any way. He said there is some ambiguity in the governing documents about political signs, and that if it chooses the Board could “fix it” by making appropriate changes to the documents.
He said that ECC enforcement action if any could not be completed in time to affect the ability to vote in the Board election, he said.
Knopf report read by Phillips
Because of Cove Director of Community Relations Julia Knopf couldn’t attend the Sept. 23 meeting, Phillips read the report that Knopf would have presented.
She said the inaugural season of the Farmer’s Market was a success and that vendors would be back next year for a second season. The community’s fall festival is Sunday, Oct. 21, from noon to 3 p.m.
In a surprise announcement, she said that the Cove’s Arts and Crafts League was disbanding.
No explanation was given for the league’s decision to disband.
Food and beverage update
Also during the Sept. 23 meeting Food and Beverage Director Charlie Getz reported that:
• the first Sunday brunch went well and will continue
• Trivia night will be rotated with bar bingo on Thursday nights
• The community’s annual Halloween party is set for Oct. 25
• Reservations for the popular Thanksgiving brunch open on Oct. 7
• Popular demand has brought back open mic nights, starting next year.
In response to a suggestion by Mathews-Kalinock that he should conduct a survey of CCGYC members to help determine the most popular live entertainment offered at the Marina Club, Getz said he would consider it.
He said that while popularity is important, all of the live entertainment offered must be brought in under budget, and that could affect his ability to schedule bands that members might prefer.
Security report by John Fox
Chief of Security John Fox reported that there were 33 calls to Security in August, with six of those concerning alleged violations of community regulations.
He said that his staff would once again schedule personal golf cart inspections for those who can’t attend the scheduled group inspections.
He said they may decide to offer inspections in the October/November timeframe, along with spring and summer inspections.
He clarified that no one from his staff will enter onto members’ properties unless invited by the owner.
The only exception to that: 911 calls.
Maintenance report by Jimmy Giddins
Also during the Sept. 23 meeting, Director of Roads and Maintenance Jimmy Giddins disclosed that:
• the dredge boat would be back in the water by the first of October, depending on weather and tide conditions
• The air conditioning unit that has been malfunctioning in recent month would be fixed on Sept. 24.
• Clean-up of the bulkheading and boat slips at the Marine Club marina would begin shortly.
Member Tom Barton asked about a report that would prove that vandalism was responsible for damaging the Cove’s dredge boat.
Phillips said a copy of the police report of the incident is on file in her office.
Barton also asked whether a security camera would be in place when the dredge boat is back in the water.
That prompted a response from Wilder, who told Barton that “it would be extremely stupid for us, as the Property Management Team, to announce to the entire area where and where not our security equipment is located, so no comment.”
The approved playground project includes this pirate ship.
Board meeting
From Page 56 association, called for a project up to $68,000. It passed 5-0 with two abstentions.
The approved project is slightly above the budgeted $65,000.
Majerus to chair annual meeting
Majerus will chair the annual meeting of Captain’s Cove Golf and Yacht Club on Nov. 9 at the Chincoteague Center.
He was appointed to the role by a 5-0 vote at the Sept. 30 Board meeting, because association governing documents are silent on that topic. Board member Pat Pelino offered the motion to appoint Majerus.
Bad debt update
Majerus reported that there are 553 properties delinquent in annual dues, of which 492 have at least six months of dues that have not been paid, a decrease of 14 from the previous month. There are 32 accounts with balances of $100 or less, he said.
There are 55 properties that should finish the court portion of the foreclosure process in December and be publicly advertised for auction, probably in January. Another 200 are in the queue for foreclosure in the next six months, he said.
2022 audit report
Many in Captain’s Cove have been wondering when the Cove association’s auditors, Rosen, Sapperstein & Friedlander, LLC, will complete the 2022 audit report, long delayed because of missing documentation for the first six months of the fiscal year when CCGYC was managed by Troon Golf.
Majerus said during the Sept. 30 Board meeting that the report might be released in the next two weeks, which would be sometime in mid-October. Auditors are reviewing the Troon data that has been made available after a forensic audit by CohnReznick, he said.
Once the 2022 audit is complete, work on the 2023 report will resume, he said.
Capital reserve signature authority
The Board during the Sept. 30 meeting approved a schedule of spending authority from the Cove’s capital reserve fund for Phillips, with the senior general manager given unilateral spending authority up to $5,000.
Spending up to $15,000 would be authorized for the SGM and the Cove’s treasurer, with spending up to $50,000 requiring the signatures of the SGM, the Cove treasurer and two members of the Board of Directors.
Any spending from the capital reserve in excess of $50,000 would require a vote of the Board.
New lot sale program on hold
The Board didn’t act to approve a new program to sell lots from the Cove association’s inventory at the Sept. 30 meeting, with Majerus reporting that it was “on hold” pending completion of a contract with Rob Smith of Sotheby’s.
Smith has proposed a program selling more than 90 lots that the Board had envisioned.
Majerus said the program’s status would be discussed in executive session.
He also mentioned that the association is facilitating a program in which one Cove member gifts a lot to another, with a section of the Cove’s Website listing the properties that are available to be gifted.
Justin Wilder updates
General Manager Justin Wilder updated the Board in his areas of responsibility:
• There have 128 applications submitted to the Environmental Control Committee so far this year, 27 for new construction.
Some of the new playground equipment approved by the Board of Directors.
• Ballots in this year’s Board election will be counted if postmarked by Oct. 25. Problems with AppFolio recording some assessment payments won’t affect members’ ability to vote in the election, Wilder said.
Those who have encountered difficulties paying online can drop off checks at the reception desk in the Marina Club, he said.
Majerus comments on legal victory
Majerus said that the recent decision by Accomack County Circuit Court Judge Lynwood Lewis in the Birckhead and Reese/Leslie litigation confirmed that the Board of Directors had acted in accord with the Cove’s governing documents in every matter in dispute.
“We were acting in [accord with] our best business judgment,” he said. “The Court decision should give people confidence” that the Board acted correctly.
Director Dave Felt asked whether the plaintiffs, should they follow through and appeal the rulings, would have to post a bond covering defendants’ legal expenses that probably have to be paid if the appeal fails.
Majerus said it might be required but that he couldn’t speak “to what the plaintiffs” who lost at the Circuit Court will do in the future.
Troon litigation update
Director Dave Felt during the Sept. 30 meeting provided a brief update on the Troon litigation involving missing funds from the first six months of the 2022 fiscal year.
He said he was hopeful that attorneys for Troon would accept a proposal for mediation, but if not then the two court cases on the missing funds would probably go to trial.
Political sign policy clarified
In a 5-0 vote with two abstentions, the Board of Directors during its Sept. 30 meeting directed the Property Management Team not to enforce a community regulation that could prohibit some political signage from residential lots prior to the November General Election.
There was some confusion and complaints about the association’s enforcement of political signage.
John Ward complaint dismissed
Cove association member John Ward had submitted a complaint alleging that only property owners, their guests or other invitees are allowed into Captain’s Cove according to governing documents.
The directors considered the complaint in executive session. When they reconvened in public after the executive session, they voted 5-0 with two abstentions to reject the complaint.
‘A Team’ candidates, Hearn differ on issues raised during forum
Five candidates supported by CCCC say costs, assessments too high
By TOM STAUSS Publisher
The Sept. 9 candidates forum featuring candidates for the Captain’ Cove property owner association’s Board of Directors was a subdued affair, with no fireworks, but definite differences between the five candidates running as a slate supported by the Concerned Citizens of Captain’s Cove and one candidate who isn’t.
That would be Tim Hearn, a former Captain’s Cove Golf and Yacht Club president and director who is running for an alternate seat on the Board in this fall’s election to select three directors and one alternate.
Billing themselves as the A Team, candidates Patricia Borrelli, Catherine Malstrom, Thomas Polaski, John Hvizda and Gini Weslowski attended the event in-person at the Marina Clubs’ banquet room. Polaski is competing against Hearn for the alternate Board seat.
Participating remotely was Hearn.
Candidate John Costello, a non-resident owner, sent a message expressing regret for not being able to attend because of a conflicting medical appointment.
Three candidates with connections to the Cove Declarant, CCG Note, Jim Silfee, Michael Glick and
Board meeting
From Page 57
Roger Holland, did not attend. Silfee and Glick are incumbents running for re-election. Holland, like Hearn, is a former Board member.
There are four seats plus the alternate that will be filled in this fall’s elections. Ballots have already been sent out Results will be announced at the annual meeting of the association in November.
Presiding over the forum was Eileen Klinefelter, who hosts the monthly Feud with Friends at the Marina Club.
After each of the six candidates in attendance offered opening remarks, Klinefelter launched into questions submitted by CCGYC members prior to the event.
The first question concerned numerous allegations by some of the candidates against the Property Management Team, Board members and the Declarant, CCG Note. The questioner wanted to know how these candidates could collaborate effectively with the Board and the PMT if elected.
Hearn recounted the year he came onto the Board, 2013, and the years that followed when the Board worked together to resolve issue, including the CCGYC’s near insolvency.
“Misstating things and misleading their neighbors ... I don’t find
Profanity during the Member Forum
Association member Tom Barton during the Sept. 30 member forum proposed an audit of future spending from the association’s capital reserve, only to have his comments cut short by the three-minute limit for comments.
When asked why he was cut off, Majerus referred to the three-minute requirement, after which Barton was heard to say “F... You”.
The profanity was noted, but Majerus told the Cove Currents that he is not sure whether the Board or the PMT will take action against Barton for the breach of decorum.
August financials
The August financials for Captain’s Golf and Yacht Club have been posted on the Cove Webiste.
For August, net income was $178,713, compared to the budgeted $89,114, for a positive variance of $89,599.
For the year through August, net income was $351,868.65, compared to the budgeted $770,857.58, for a negative variance of $418,988.92. September is the final month of the 2023-24 fiscal year.
that helpful at all,” he said. “When that happens, you’ll find the Property Management Team and Board members will become very defensive because they feel like they’re being attacked. ... It’s incumbent on everyone to just use as much accurate data as possible to get to the place that question refers to.”
Hvizda said there’s been more disrespect directed at membership from management than the other way around, but he said if elected the A Team pledges “to treat everyone with respect, civility and dignity. ... The culture of animosity needs to end, but again, it’s a two-way street.”
Malstrom agreed with the need for accuracy but said that when members have asked questions about financial statements they were not given answers. She said questions have to be submitted in writing in advance of meetings and still “we never get any answers.” She expressed frustration with that and added that for awhile, she and her husband stopped coming to Board meetings “because they were so negative and disrespectful to the community.”
Polaski said the answer is more transparency and allowing members more input into decisions before they’re made by the Board.
Weslowski said she agreed with the previous speakers and said that, if elected, the A Team would treat all members with respect.
Borrelli said the A Team if elected would revise Board meeting guidelines to allow for more questions and answers or, if needed, would research questions and get back to the members with answers.
The second question asked the candidates whether the Board of Directors can force the Declarant/developer to build out the rest of Captain’s Cove, a question answered by Circuit Court Judge Lynwood Lewis in the recent Birckhead litigation that he ruled on.
The short answer: There is no authority in Captain’s Cove governing documents that could force the Declarant to do anything, especially in the area of building out roads.
Hvizda said he was reluctant to answer the question because at the time the Court had not rendered any decisions.
Malstrom said the issue was very complex and that if elected “the A team will do everything in our power to do the right thing.”
Polaski didn’t answer the question and Weslowski said she hoped the Birckhead litigation would result in a “clear decision.” Borrelli said that the governing documents don’t “preclude the developer from constructing the roads,” which is true enough, but they also specify that after the turn-over of the roads to CCGYC in the 1970s, responsibility for them lies with the association.
Program Manager Flynn Kleinfeller engaging with one of the guests during the Doggie Swim in early September.
Candidates forum
From Page 58
Hearn said that Birckhead litigation “actually has nothing to do with the question.” He mentioned that the declarant/developer had paid for some costs associated with loans taken out to pave roads in certain sections.
“The 2012 Settlement Agreement resolved the question, and the Cove acknowledged that it would build all the roads moving forward,” he said.
The third question asked candidates if they would recuse themselves from any Board decision regarding the Burckhead litigation.
“If it’s not unethical or wrong, I wil continue to support” the litigation, Malstrom said.
Polaski did not offer a direct response, but Weslowski said it would be “appropriate for the Board to be supportive” of the Birckhead group going forward.
Borrelli didn’t say whether she would recuse herself. She talked about her participation in research of issues and said that all rules in Captain’s Cove “should be examined to ensure they are consistent and fair to all members.”
Hearn said it was “pretty obvious that if somebody’s part of a group that sues the association, they’re not allowed to be in the decision-making process for the association. That should be obvious, and I’m kind of surprised that the other folks in this forum don’t just default to that.”
He said that if anybody who’s a member of the CCCC and has been writing checks to “Birckhead faction” should recuse himself or herself if elected to the Board.
After commenting that Hearn as a director had never recused himself from any vote, Hvizda cited an incident on a board he served on in which an insurance matter came up for a vote.
“I recused myself from voting because I was an insurance agent,” he said.
The fourth question asked candidates their stance on short-term rentals.
All candidates responded that if a property is managed properly and an owner adheres to the rules, there would be no reason for the association to take action against them.
The fifth question asked candidates if they felt any need to restructure CCGYC management or to cut staff salaries by ten percent as a way of a dealing with future expenses identified in the recent capi-
tal reserve study.
Weslowski said restructuring and salary cuts is “something that would be on the table because we need to look at the employees that have jobs, which ones are required and which ones are not.”
Borrelli said there are salary and benefit savings that are possible and that cuts are possible in projects identified in the capital reserve study, particularly the Town Center redevelopment project. She said
that positions can be consolidated to save money.
“Simply stated, the Cove Board and management need to cut costs and budget within realistic means,” she said, adding that solving the Cove’s bad debt problem shouldn’t be on the backs of dues-payers.
Hearn, obviously not a fan of cutting salaries of existing personnel, proposed an aggressive program of collecting bad debts or foreclosing on the 500 or so delinquent accounts
that persist. He proposed the hiring of up to five law firms to assist in reduce the $4 million in bad debt that remains on the books of CCGYC.
Hvizda said it’s a little premature to settle on a number for salary reductions.
“But one of the things that we as the A Team put together is an action plan ... and we’ll get that out very soon. That plan talks about staffing and [the need] to evaluate
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Candidates open to outside dredging But
all say they want to do what’s
most economical
By TOM STAUSS Publisher
Asked during the Sept. 9 candidates’ forum whether they think that Captain’s Cove Golf and Yacht Club should use an outside vendor to dredge canals in Captain’s Cove, candidates running for the Board of Directors seemed to support the current practice of inhouse dredging as the most economical. At the same time, most seemed open to the idea of looking into an outside contractor.
Candidate John Hvizda said that finding an outside contract to do would probably be “a real problem.” He said the Cove just recently spent money to fix the dredge and that it should be used “for a couple of years.”
Longer term, “we don’t need to make that decision right now,” he said.
Candidate Catherine Malstrom said the Cove should get some “estimates from the outside,” and Thomas Polaski said it’s something “that has to be looked at.” Gini Weslowski agreed as did Patty Borrelli.
But Borrelli brought up a tangential issue - denial of access to Treasure Island as a dredge site by CCG Note until such time as the Birckhead litigation is resolved.
“The Declarant has a bit of a stronghold on us right now,” she said.
Tim Hearn, running for the alternate seat on the Board, rebutted Borrelli’s comment about the stronghold.
“There’s seven other alternatives to get to the site,” he said.
If canal front owners don’t like paying the waterfront assessment used to pay for canal dredging, Hearn said they could collectively drop out and do their own dredging “and that would be very healthy for community.”
He also said the Board could opt to pay for canal dredging out of the general fund rather than relying on contributions to the waterfront reserve by canal-front owners.
“You’re allowed to pull a permit and dredge in front of your lot and you have to remove the spoils yourself,” he said,adding, “so there’s lots of choice.”
Hearn did not address the question on whether it makes sense to hire an outside vendor to do dredging in the future.
The candidates were then asked what they would do reduce the $250,000 per year spent to maintain the Cove’s golf course.
Malstrom said all the reasons for why the course loses money should be looked but didn’t otherwise answer the question on how to reduce the deficit. Polaski said the A Team’s action plan deals with that question but didn’t offer any details.
Candidates forum
From Page 59 staffing needs, and the first one under that is a comprehensive review of workforce and salary levels.”
The Cove Currents reached out to the CCCC-supported candidates for a copy of the action plan in late September and didn’t hear back.
Malstrom alluded to the action plan and also said that rather than build a new Town Center, the Cove instead should just “fix it up.”
Question six asked how the proposed Town Center project would affect the dues. All but Hearn said the estimated $2.5 million cost es-
timated in the reserve study was too high, unaffordable, and that the building should be fixed up instead.
Hearn said he doesn’t believe the project will cost $2. 5 million and that it could be scaled back to reduce costs.
But he noted that the building is sinking because the pilings that were used when the building was built have been settling.
“I think we’re going to have to go with new construction, but obviously the specs can be revised to hit a budget number that works,” he said.
The candidates then dealt with whether an impact fee could be imposed on new development or homes
Neither Weslowski nor Borrelli offered any specific suggestions for reducing the operating deficit.
Hearn said the actual cost to operate the golf course is closer to $400,000 per year and there’s another $100,000 in related depreciation expense. That’s offset by about $150,000 in revenue, he said, so actual operating losses are closer to to $350,000.
He said he was open to returning to a fee structure for members to play the course, but also said he would be “happy to defer to others as to whether it needs to be paid or buried in the assessment. I’ve seen it both ways in 20 years.”
Hvizda referred to the A Team’s action plan but didn’t provide any details.
Candidates then were asked about the Cove’s bad debt problem and whether solving it could reduce the assessment.
Weslowski suggested the Cove go to a system of paying the assessment monthly rather than twice yearly as occurs now. Borrelli said the staff should look to state postings about deaths.
“That’s your golden opportunity to collect whatever is due to the Cove at that time,” she said, “So you need somebody active looking at this stuff.”
Hearn again suggested the hiring of up to five law firms to go after bad debts.
“I see this a straightforward as setting up a committee, call it a collections committee, bad debt committee, and we take the 500 delinquent accounts, divide by five so each team is working with 100 accounts,” he said. “We just move that process through the Accomack County District Court process. We get the warrant and debts, we get the liens as you do that, money does arrive.”
CCGYC has to hire law firms to handle the process because the association isn’t a debt collector,.
“If we can move from that 500 accounts to 300 accounts to 100 accounts ... we don’t have to be stuck where we are.”
When the Cove association was last involved aggressively in debt collection, we netted “about one fourth of $1 million per year. And that would be my hope this time around as well.”
Hvizda said that offering monthly payment of dues would make it easier to pay, thus reducing the number of delinquent owners.
Malstrom’s response was that the Cove should have moved on that older debt long before now.
The final question for the candidates was whether they thought that
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in the Cove and whether that could reduce association dues, and by how much.
Hearn said it’s an issue that arises every few years. He said that paragraph 12 of the Declaration says that assessments must be uniform and that is inconsistent with an impact fee. He said any attempt to levy it would be “self-damaging,” as owners of unimproved lots would demand assessment reductions in response.
Hvizda deferred to Polaski, who has conducted extensive research on the issue. Malstrom said she had no problem with an impact fee “as long as it was reasonable,” but she also
said that Polaski had done the research “and I’ll let him explain why we can’t do it.” Polaski didn’t offer an explanation but didn’t deny the conclusion that it couldn’t be done.
“Well I guess that settles it,” Weslowski said, adding that she hoped there would be some sort of “mechanism” that could be developed to impose a fee on builders “who tear up the roads.”
Borrelli said that impact fees could be imposed when the Declarant builds new roads as was stated in the 2012 settlement agreement. According to that agreement, CCGYC is not responsible for building roads in Sections 14 through 18.
Golf course superintendent does a lot more than growing and cutting grass
For Tammy Bowden, the job includes turf care, maintaining irrigation and landscaping
By JULIA KNOPF
Contributing Writer
When asked whether she would agree to an interview, Captain’s Cove Golf Course Superintendent Tammy Bowden’s initial response was, “Why? I am boring; I grow grass, and I cut grass.” However, for those
who know her, she’s much more than that: She is a strong, resilient force at Captain’s Cove.
Her roots lie in the land, growing up as a ‘Shore Girl’ on the family farm in Snow Hill. This early experience instilled in her a strong work ethic and a love for the outdoors. It was this same love that led her to
the golf course at Captain’s Cove, where she found a new home for her passion and skills.
Starting as a rough mower, she has ascended the ranks through unwavering determination, hard work, and a deep-rooted passion for golf course management. She attributes much of her knowledge
and passion for grass to her mentor, former Superintendent Andrew Leach. Leach started at Captain’s Cove a few years before Tammy and took her under his wing, helping to share knowledge from a long career and education in golf course management.
As the superintendent, Tammy’s role is not just about growing and cutting grass. She oversees all aspects of course maintenance, from turf care to irrigation systems and landscaping. Her team, consisting of five other members, is continuously updated on new chemicals, turf diseases, and water management. This dedication has led to the creation of immaculately maintained grounds and exceptional playing conditions, a testament to her commitment to the course.
According to Tammy, the most challenging part about being a golf
Golf Course Superintendent Tammy Bowden with one of the tools of her trade.
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course superintendent is not the long, hot summer days or the sometimes back-breaking work; it’s the people. Tammy says that this part of the job is challenging but also rewarding. When working in a small community like Captain’s Cove, “the members often have strong opinions about how to do things.” Tammy says she has learned to listen and go on about her day, “giving them the best quality of the course that I can.”
During golf tournaments, Tammy often has the opportunity to drive the beverage cart. These interactions have shown her just how valued she is. “The members were glad to see me take on the role [of Superintendent]. They have been supportive; many wish I had jumped right in after Andrew [Leach] left.”
During the spring and summer, Tammy leads her team in a constant rotation of cutting grass and watering. Her days usually start by hand watering and cutting the greens. The team change the tee cups three times a week and cut the collars, approaches, and fairways once or twice. The sand bunkers also must be regularly raked. She says the summertime is “a lot of just cutting grass, maintaining a good course.”
During the summer, she also must exercise precise water management. The ponds around the course, which act as water hazards, all consist of reclaimed water. As Tammy says, “If it doesn’t rain, I don’t have water.” During these dry times, she must be frugal with her water, using it where it is most needed. The opposite is also true; her team must ensure the drainage systems work well, especially during heavy rains when the ponds
Dredging
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can overflow, and standing water can kill the grass.
Many people may assume that the fall and winter are slow times for someone in golf course management. While the grass cutting significantly slows down during the winter, this is the time of year Tammy and the team focus on maintenance. The team will clean and edge ponds, remove old tree limbs, and perform other maintenance that cannot happen when the course is most being utilized. “It would be hard to have a mini excavator on a packed course,” she noted.
Tammy also uses this time of the year to perform maintenance on her equipment. “During the wintertime, all of our reels [on the mowers] need to be sharpened and ground.” She described how they must take everything apart and scrape them with knives to ensure they are clean and sharp for the season. Tammy says there is never really a downtime when dealing with something living and growing like grass.
For nearly 17 years, Tammy Bowden has lived and breathed the
Captain’s Cove Golf Course. She has worked her way up from a mower operator to superintendent. Now, this is where Tammy plans to stay. “The most fun I have at work is the job itself. I love being outdoors and taking care of this course.”
It is evident that Tammy’s strong
work ethic and unwavering character make her a valuable and irreplaceable member of the Captain’s Cove community.
Julia Knopf is the community relations director for Captain’s Cove Golf and Yacht Club
once a new Board is seated, could the new Board revise the budget and update [reduce] the spring dues.
Weslowski and Borrelli both answered in the affirmative because they said that’s what members want.
But Hearn said the Board isn’t allowed to make such a decision on its own.
“It would require an adjustment of the declarations and the by-laws, which certainly can happen if the appropriate number of members vote to approve that,” he said.
After Hvizda said he would favor a reduction if it’s possible to do, and Malstrom said that was part of the A Team’s action plan.
That plan had not been publicly released as of Oct. 1.
The carefully manicured Captain’s Cove golf course.
