September 2020 Ocean Pines Progress

GM succession plan could give boost to Colby Phillips A newly released planning document to govern the process to select a successor to General Manager John Viola contains some favorable language for the possibility that Colby Phillips will be well positioned to succeed Viola when his contract expires in June of 2022.

The planning document was released by Director Frank Daly and included with the Board of Directors Sept. 9 meeting informational packet, available on the OPA Web site. Daly serves on a succession task force with board colleagues Colette Horn and Camilla Rogers. ~ Page 5

Board wrangles over alleged ‘gifts and gratuities’ violation Director Tom Janasek told his colleagues he was ready and willing for a full and frank discussion in public about an alleged violation of the OPA’s “gifts and gratuities” regulation. At the Sept. 9 board meeting, four of his colleagues voted instead to discuss the issue in closed session. ~ Page 6

September 2020

www.issuu.com/oceanpinesprogress

THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

OPA drainage project split into two phases At $805,000, first phase costs significantly less than referendum threshold of $1.8 million

By TOM STAUSS Publisher etails of a two-phase drainage project emerged during the Sept. 9 meeting of the Board of Directors, with Ocean Pines Association General Manager John Viola and Director of Amenities and Logistical Operations Colby Phillips sharing the spotlight

D

Alleged effort to ‘squeeze out’ Viola fizzles While it’s not clear and probably isn’t true that any director was ready to vote to oust John Viola as general manager, one director at an Aug. 17 special meeting of the Board of Directors meeting said she thought that there was an effort under way by some directors to “squeeze out” Viola from a job he’s held for roughly a year and a half. ~ Page 15

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A key take-away from the presentation is that a referendum for a total project cost of $2.26 million apparently won’t be necessary. That’s because funds are already in hand or identified for the first phase, which carries a price tag of $805,000. That’s roughly $1 million less than the spending threshold needed to require a community-wide referendum.

In the current fiscal year, estimated costs for the OPA have been whittled down to $250,000 to $275,000 for the project’s first phase. There is no guarantee that a second phase will even happen.

State grant funding of $549,000 and OPA contributions budgeted this year exceed the first phase cost.

According to OPA Director Frank Daly, the OPA has received advice from counsel Jeremy Tucker that referendums are only required when funds exceeding the referendum amount have to be raised in advance from OPA members for spending on a capital project.

The first phase includes improvements in Sections 1,2,3,5 and 7, with much of that in the area of the Bainbridge Park pond. The state funding would cover the Section 1 and 2 improvements while the OPA would cover the estimated cost of improvements in Sections 3, 5 and 7.

The second phase includes improvements such To Page 22

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September 2020 Ocean Pines PROGRESS 5 Another late addition by Daly to the planning document modifies a bachelor’s degree or a master’s degree as a minimum requirement for the position.

“In lieu of these degrees, the board will consider candidates who can demonstrate expertise in the area of community financial management, public safety management, public would seem to meet works management, personnel manthis particular reagement, amenities management quirement in ways and parks and recreation managethat most other dement,” the document says. partment heads in Phillips does not have a college Ocean Pines have degree and probably would have not. OPA Public been at a disadvantage as a candiWorks Director Eddate for the GM position had this die Wells is another language not been inserted by Daly.

Frank Daly department head In introducing the subject of GM who worked closely with Phillips succession at the Sept. 9 board meetand the county on this project. ing, Daly said that the “lack of sucThat’s not the only criteria, how- cession planning within the Ocean ever, in the “position overview,” with Pines [administration] has been other requirements including “ex- identified by both management and tensive experience” in directing and the Board of Directors as an area of managing public safety functions, concern that requires action.” public works, parks and recreation To ensure an orderly transition and community amenities, as well to a new general manager when as community budgeting, financial Viola retires, a succession planning management and capital planning. process has been initiated, Daly Phillips has experience in most of said. The planning document seems those areas.

By TOM STAUSS Publisher newly released planning document to govern the process to select a successor to General Manager John Viola contains some favorable language for the possibility that Colby Phillips will be well positioned to succeed Viola when his contract expires in June of 2022.

The planning document was released by Director Frank Daly and included with the Board of Directors Sept. 9 meeting informational packet, available on the OPA Web site.

Daly serves on a succession task force with board colleagues Colette Horn and Camilla Rogers.

While it’s too soon to know what slate of candidates within the OPA management hierarchy will be vieing to succeed Viola when he decides

A

to retire, the planning document establishes a process in which other OPA department heads could apply for the job. But two recent language additions to the planning document seem to favor Phillips, who currently serves as director of amenities and logistical operations. She’s indicated interest in the GM role.

“A proven ability to engage all members of the community and develop and maintain working relationships with local government staff (Worcester County preferred) and elected officials is paramount to being successful in this position,” the document titled “General Manager Qualifications and Required Skills” says.

As an individual who was intimately involved in working with the county on the drainage grant recently received by the OPA, Phillips

q

Daly releases GM succession planning document that could boost Colby Phillips’ prospects

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6 Ocean Pines PROGRESS September 2020 Succession planning From Page 5

to anticipate that Viola will retire when his contract expires in June of 2022.

The timeline in the process is somewhat aggressive, with Sept. 18 this year a key date in the process.

The document says by that date, the board should have approved the planning document drafted by Daly and his colleagues, including the GM qualifications.

By the same date, the document specifies that candidates who already know of their interest in the GM position should “declare their interest in advancing into the GM role or Level One [department heads that report to Viola] positions.�

The deadline for other candidates to declare their interest in the GM role is not until Sept. 18 of next year.

These candidates, too, would be subject to a two-part assessment process.

One is an assessment by Viola and the other is a self-assessment by each candidate.

OCEAN PINES

Board debates “tips and gratuities’ policy before adjourning to a closed meeting Tom Janasek objects to ‘scolding’ email from Colette Horn

By TOM STAUSS Publisher he Board of Directors voted to go into closed session after the regular monthly meeting Sept. 9 to discuss what the motion by Doug Parks said was “related to board policy and the relevance of actions of board members as permitted by the Maryland Homeowner Association Act.�

After about 15 minutes of debate, in which there were various clues given as to the issue that triggered this latest board tempest, the directors voted 4-3 to reconvene in closed session. Voting for the closed session were Parks and directors Frank Daly, Colette Horn and Camilla Rogers. Opposed were Tom Janasek, Steve Tuttle and Larry Perrone.

The line-up that supported and opposed the closed session differed from an unrelated debate over a closed session after an Aug. 18 special meeting, suggesting that voting blocs might not be as entrenched as they might have seemed. “We’re independent thinkers,� Perrone, the OPA

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president, said in a telephone conversation Sept. 10, in which he declined to discuss the board’s closed session. He said he made up his mind to oppose a closed session after considering the Colette Horn comments of all his Tom Janasek colleagues.

In the public session, Janasek alluded to a “scolding� email he received from Horn over what the Progress has learned involved allegations that Janasek received some nominal benefit at the Yacht Club which he did not pay for. The Progress has been told that Janasek has on occasion fixed beer line and other problems at the venue for free and does not regard the occasional offer of a free beer as a problem.

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OCEAN PINES

September 2020

‘Scolding’ email From Page 6 He appeared to have at least one ally on that point.

“I didn’t like the way she phrased it,” Parks said of Horn’s email.

Janasek told his colleagues he was ready and willing for a full and frank discussion about the issue during the public session, but four of his colleagues weren’t ready for that. They essentially said the allegations were “water under the bridge,” a characterization used by Rogers, and that the focus should be on how a board resolution pertaining to “gifts and gratuities” should be applied and observed by directors. Rogers also said the OPA’s conflict of interest rules are relevant.

No ethics complaint has been filed against Janasek under the OPA’s Code of Conduct.

Parks said he thought the board needed to have a discussion in private about what he called “sensitive issues given emails back and forth” among the directors. He said a discussion in open session might “get misinterpreted and possibly misconstrued by the membership,” adding that he wasn’t trying to hide anything by advocating for a closed session that he suggested would improve teamwork on the board.

Janasek questioned whether Parks’s rationale for a closed meeting was permitted under the Maryland Homeowners Act. He said that directors are volunteers, not OPA employees, and that therefore the provision in the state law that allows for a closed meeting to discuss personnel issues would not apply.

Discussion of personnel issues was not among the reasons cited by Parks to go into closed session.

Horn cited a legal opinion from the association’s attorney, Jeremy Tucker, that for purposes of these kinds of discussions “board members are considered employees” and that therefore the directors could discuss the issue of “gifts and gratuities” in private.

Daly framed the issue as one which could be addressed both in public and in private.

“If it’s policy it should be in open session,” he said. “If it’s about people (alleged to have) violated policy, it should be closed.” If it’s some of both then the discussion should be conducted accordingly, he said.

In the end, that’s exactly what happened.

Horn said that she didn’t think there needed to be a focus on a par-

ticular allegation or “individual board activity” but on what procedures need to be in place to make sure violations don’t occur in the future.

That promoted Tuttle to say that “based on what Colette just said” he didn’t think there was a need to go into closed session.

That’s when Janasek made it clear he didn’t appreciate Horn’s email on the subject.

“I don’t need scolding on what I can and cannot do,” he said.

Rogers then essentially agreed with Horn by saying “we can’t change” what happened and that the focus needed to be on “what the policies should be” going forward.

She said “we acknowledge there have been transgressions” but “I don’t want to scold anybody.” She cited a “painful” experience last month in the criticism she received for supporting Perrone as OPA president over Tuttle.

Janasek said he supported an open discussion of the allegations because “we’ll have the same discussion next month because somebody saw somebody do something, or somebody assumes something.”

Perrone framed the issue as one of “not looking back” but what is permitted under board resolutions B-05 and B-08 with respect to gifts and gratuities received by directors, management and advisory committee members.

Essentially these resolutions prohibit any director, OPA staffer or advisory committee member from receiving any free benefit from a contractor that does business with the OPA except for meals of nominal value during an official board function. That benefit is sometimes called “comping” in the restaurant business.

Perrone said his focus is to ensure that not only is impropriety avoided “but the appearance” of it as well.

‘The appearance or misinterpreation is more serious” than the actual incident, he said.

Whatever may or may not have occurred with respect to Janasek, it appears there is no widespread “comping” of board members in venues operated by the Matt Ortt Companies for the OPA. Ralph DeAngelus, one of MOC’s founding partners, pushed back on the idea that any directors have been offered any free food or drink at any of the venues managed by the MOC. “Any board member who comes in and buys food or drinks is presented

a tab and pays it like anyone else,” he told the Progress recently. “Why would I want to change that policy?

It would mean less profit. And any attempt to allow board members to get free food and drink would cause a firestorm. No board member is going to advocate for that,” he said, adding that “I sure don’t.”

DeAngelus said that most restaurants have a policy of offering “comps” if a customer complains of a problem, such as a hair on an entree or soup delivered after the main course is served. DeAngelus suggested that such a “comp” policy should apply equally to everyone, including directors.

The problem, according to Daly in a recent interview with the Progress, is that OPA board resolutions, specifically B-05 and B-08, prohibit any comping of board members even under the limited circumstances cited by DeAngelus.

“There is a distinction between demanding or expecting a comped or reduced price meal or drink and being offered one,” Daly told the Progress.

He said under those limited circumstances he didn’t find anything wrong with MOC offering some sort of comp to a board member.

To allow for that, however, he suggested that the two board resolutions would need to be amended.

The rationale for the closed session cited in Parks’ motion were two provisions in the Maryland Homeowners Association Act. Section 4(ii) allows for the protec-

tion of the privacy or reputation of individuals not related to HOA business.

Parks offered no explanation for why this section would apply to this purported purpose of the closed meeting, which related to board policy and thus would relate to HOA business.

Section 4(vii) allows for a closed session to comply with specific constitutional, statutory or judicially imposed requirements.

Parks’ motion did not make any reference to how such requirements might apply to the topic or topics discussed in the closed meeting.

His stated rationale for the closed meeting -- a more candid exchange of views and avoidance of misunderstandings and misconceptions -- was not included in his motion but only offered up during discussion in the public session.

OPA General Manager John Viola recently confirmed that he, DeAngelus and Perrone had met to discuss the MOC comp policy but he declined to spell out the details of that meeting.

“It’s a board policy area,” he said.

“Whatever the board wants to do we will implement.”

The Progress has obtained some information about the Sept. 9 closed session of the board.

Janasek reportedly repeated his objections to Horn’s “scolding” email and the directors generally agreed that Perrone needed to step back from any direct involvement in management issues.

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10 Ocean Pines PROGRESS

September 2020

OPA may be adding boat slips to Yacht Club Marina

Two new pickleball courts also possible additions to next year’s new capital budget

By TOM STAUSS Publisher t’s much too early to know whether they will make the cut in the final 2021-22 Ocean Pines Association budget scheduled for adoption five months from now, but there are indications that expansion of the Yacht Club marina and new pickleball courts will be in the mix for approval by the Board of Directors next year.

That both projects are in the conceptual stage for inclusion in the recently created New Capital budget for next year emerged during a meeting of the Budget and Finance advisory committee Aug. 26.

General Manager John Viola alluded to both possibilities in brief remarks during the meeting, with additional details provided during a Sept. 5 telephone interview.

Current plans are to propose six additional boat slips at the Yacht Club marina, Viola said, designed to accommodate boaters who want to pick up food and drink at the Yacht Club. Four would be attached to one dock and two to aother.

Viola said these won’t be boat slips available for rent.

The general manager said rental slips would require additional

I

parking at the Yacht Club, which already is at a premium and affects the amount of combined indoor and outdoor seating permitted at the facility.

“So these new slips would be for in-and-out boaters only,” Viola said, adding that Ralph DeAngelus of the Matt Ortt Companies is very pleased about the prospect of drawing in new custoners by boat to the Yacht Club “that don’t need additional parking” that can’t be provided because of parking lot space limitations.

Currently, there is only one slip available for a transient use, and six more will greatly expand the Yacht Club’s ability to go after this niche market.

The marina is already popular with area boaters because it offers gasoline without ethynol additives that are known to adversely affect boat engines.

Transient use boat slips will be another reason for boaters to visit the Yacht Club, Viola said, adding to bottom line revenues.

Preliminary estimates for the six new boat slips ranging in cost from $30,000 to $50,000, Viola said, with the lower amount likelier.

He said a letter will be going out soon to area residents to explain the

proposed marina expansion, after which the OPA will be applying for permits from county and state agencies.

If approved by the board as part of the pending budget process, Viola said the intent would be to start installation of the new slips in April with completition in time for the summer season.

Initially, the plan was to add two

OCEAN PINES

new pickleball courts to the Manklin Meadows racquet complex in South Ocean Pines in a space currently occupied by a tennis court.

The initial plan had been to build a new replacement tennis court in the grassy area between the existing courts and the parking lot.

But Viola said the new plan is to build a combo “junior” tennis court in the grassy area that would also be striped for four additional pickleball courts. The dual usage courts could be switched back and forth between and pickleball as demand warrants.

Viola said that grant funding might be available to pay for a portion of the cost, estimated at about $70,000.

Casino rezoning hearing Sept. 15; entertainment district proposed

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he Worcester County Commissioners have scheduled a work session on Tuesday, Sept. 15 at 10:30 a.m. in Snow Hill, on the proposed Casino Entertainment District rezoning of Ocean Downs.

Ocean Pines Association President Larry Perrone, during his opening remarks at a regular Board meeting Sept. 9, brought the matter to the public’s attention.

“If the community hasn’t seen it so far, we want to let them know that the Ocean Downs casino has submitted to the county a text amendment to establish a Casino

The Manklin Meadows racquet sports complex.

The grassy area on the lower right is the proposed site of a combintion ‘junior’ tennis court that with dual use as four pickleball courts.

Entertainment District on their property,” Perrone said.

The work session will be part of a regularly scheduled commissioner’s meeting, scheduled to start at 10 a.m. at the Worcester County Government Center, Room 1101, on One West Market Street in Snow Hill.

The meeting can also be watched live, by using the link https://worcestercountymd.swagit.com/live.

According to county documents, the Worcester County Planning Commission on Aug. 6 gave a favorable recommendation for the rezoning.

The change, from the current mix of agricultural and commercial zoning, would allow for potential new developments including additional gaming facilities, restaurants and hotels, and outdoor arenas and performing arts centers.

Perrone added that the County Commissioners will hold a formal hearing for the proposed rezoning, during the first scheduled meeting in October.

“We’ve made arrangements to talk with the casino’s attorney and a representative [from the casino] ... next week, to explore what their plans are,” Perrone said.

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OCEAN PINES

September 2020

Viola says resodding, new aeration equipment, new chemical should fix ailing course greens Annual burn-out hits again, but the general manager believes the solution is at hand

By TOM STAUSS Publisher he Ocean Pines Association’s golf course staff is scrambling to fix issues with four greens that were cited as reasons why the chairman of the Golf Advisory Committee and one of its members resigned their volunteer positions in late August.

OPA General Manager John Viola told the Progress in a Sept. 10 telephone interview that three of the greens have been resodded in areas that needed it, and that a fourth green has already been come in without resodding.

“These greens are usable as putting surfaces,” he said. “The new sod blends in with the rest of the greens.”

But a golf course consultant also has offered a couple of other solutions that Viola hopes will avoid a recurrence of the problems with greens next summer.

One solution is “a different type of nitrogen fertilizer,” Viola said. That change is already in

T

effect and should prove to be effective.

But even more promising is an attachment to the OPA’s aeration equipment called Ninja Tines, which he says will produce better drainage of water that permeates the surface of the green.

“The moisture builds up, boils the grass in the summer heat, and the grass won’t grow,” he said.

The Ninja Tines attachment will allow the greens, which were rebuilt more than five years ago with drainage infrastructure, to work as they were designed to do, Viola said.

“Over time, the problem with water build-up on the greens” has become more acute during summer months, Viola said. “The Ninja Tines will help produce much better drainage.”

He said he hopes the attachments will prevent the recurrence of summer burn-out next year.

The attachment is on order and once it arrives, the maintenance staff will used it on greens once every two weeks through December, he added.

OPA President Larry Perrone was quoted in a local weekly recently to the effect that despite

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John Viola hard-hitting criticism of course conditions by the former chairman of the golf advisory committee, Larry Davies, in his resignation letter, Perrone believes the course is in the best condition it’s been in the last ten years.

Perrone cited various improvements including repairing rough patches along the cart path and removing trees to improve airflow and filling in soggy areas.

In his resignation letter, Davies cited a pattern of golf course losses over the past ten years that are subsized by all Ocean Pines Association members whether they play golf or not. He also said that golf management has been unable to offset the decline in golf memberships that have dropped below 100.

Viola recently has been saying that had To Page 14

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September 2020

Golf course From Page 12 covid-19 not hit this year, he believes that golf operations would have been showing a surplus, and the new Clubhouse Bar and Grille in the new clubhouse has been making a profit all summer long, very encouraging in that this is the first year the venue has been managed by the Matt Ortt Companies.

“We’re getting a lot of business from non-golfers,” he said. “There are a lot of new faces sitting out on the deck that overlooks the ninth and 18th greens.

He said criticism from the golf advisory committee is something that he and Director of Golf John Malinowski have been dealing with for some time.

He said he met with the group earlier this year to discuss concerns over customer service.

Davies’ resignation letter cited a June 30 email to Malinowski regarding these concerns that Davies said had not been responded to.

Viola said he thought the meeting dealt with those issues and that an email response would not have been necessary.

Regarding what Davies complained was poor customer service interaction with golf course employees, Viola said he has difficulty in assessing what Davies is talking about.

“Even before I ever got involved with the Budget and Finance Com-

mittee and became more active with the OPA, I never had any bad experiences with course personnel,” he said. But if there is a specific complaint that he and Malinowski can fix, he said they will do everything in their power to do so.

“Even if involves putting up a bulletin board for the members, we can do that,” he said.

Most of Davies’ letter constituted a broadside against the core competency of the golf management team.

“The fact is that our golf management team has been been unable to demonstrate the technical, practical and application knowledge to maintain this course without extensive green, fairway and tee box burnout/ degradation. This, after the association in recent history has spent well over a million dollars to bebuild greens and fairways,” he said.

He called the Ocean Pines golf course “playing conditions some of the worst in the area once the summer heat hits. We have this annual course condition of good conditions for three to four spring months, course burn-out for two months, and then course healing the fall and early spring months.

“I’m sure there will be excuses offered as there always are but we can’t hide from the fact we continue to demonstrate that we are incapable of maintaining our course turf conditions.

‘These conditions contribute in different ways to the ongoing membership and financial OPGC losses

that we see on an annual basis,” he said. Before “circling the wagons and lining up to shoot the messenger” Davies said the OPA should consider the following: • “Since 2012 the golf operation has lost in the neighborhood of $1.5 million (approximately $166 average annual loss pre-depreciation.

• “Memberships have decreased 59 percent fom 241 to 99 for the same period.

• “The OPA pays three employees responsible for our golf operation (general Manager, director of golf and and course superintendent) “on the north side of $300,000 annually.

These employees are supposed to be proficient in providing leadership, management skills, technical knowhow and customer excellent to protect, promote and grow the OPGC. • “To get an insight from outside golfer perspectives on the course “you can go to any of the on-line booking sites that we are affiliated with and read the customer review comments regarding cvourse conditions/customer service over the past few years. This year’s comments won’t be any different. Focus on the comments made after June of each year.

• “A logical argument can easily be made about being in the golf course business that “you shouldn’t be if you can’t grow and maintain grass.

That is the first and foremost factor that contributes to golfers enjoying a great golfing experience. Competition for the golf dollar is very high in

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our area where we have some superior courses offering great designs, consistent turf condition and superior customer service. These courses get great player reviews.”

• “We promote the golf course “as the only Robert Trent Jones Sr course in the area. That it is “but it very well may be the worst maintained RT Jones Sr. course in the country.”

• “It’s not that the OPA “doesn’t have a significant number of resident golfers that could be enticed to belong to our club but more so that many of these resident golfers choose not to joint a club that can’t provide superior playing conditions and customer service. Our current business model for the most part ignores this constituecny while they take their golfing dollars elsewhere.”

Calling his experience on the committee “frustrating and disappointing,” he asserted that “decision-makers that drive this couse are perfectly happy with maintaining the status quo, passing continued financial losses on to the Association members and following a business plan that has laid a length trail of failure.

“In my opinion, the Association has a very broken golf operation that’s in need of change. The Association members deserve better,” he concluded.

Perrone has made it clear he disagrees with the observations and conclusions of Davies, who was joined by Olga Novy in resigning from the committee. Viola said that resignations are nothing new in Ocean Pines and that sometimes committee turn-over is healthy.

A replacement to Davies as chairman had not been announced as of Sept. 9.

According to the Web site, there are eight members remaining on the committee.

Beach Club parking lot remains open

The Ocean Pines Beach Club officially closed for the season as of Tuesday, Sept. 8.

That includes the Beach Club restaurant and pool, and the bathrooms.

A port-a-potty will be available at the site until Wednesday, Oct. 7.

The Beach Club parking lot remains open, but will not be staffed until next season.

OCEAN PINES

September 2020 Ocean Pines PROGRESS

15

Alleged attempt to ‘squeeze out’ Viola fizzles Board issues statement declaring ‘complete faith and confidence’ in general manager

W

He did not attend the closed meeting that the board eventually approved after extensive discussion, The personnel issue that seemed to be at the heart of the discussion involved an allegation by Director Tom Janasek that Viola, on the eve of a board vote last month on the OPA presidency, had influenced Rogers to support Larry Perrone as president over that of former OPA Vice-President Steve Tuttle. Janasek also seemed to suggest that Rogers reneged on an agreement among the directors before the organizational meeting to elevate Tuttle to the presidency and Colette Horn as vice-president. Rogers vehemently denied any deal was in place.

Those two issues were discussed at length during the Aug. 17 special meeting in the context of whether to adjourn the meeting to a closed session to air out board differences in more detail.

A day after the closed meeting that the directors voted for unanimously, Perrone issued a statement on behalf of the entire board declaring its “complete faith and confidence� in Viola.

The statement was borderline ironic, as according to Daly, Viola didn’t actually come up

for discussion during the closed session. He said the entirety of the closed meeting was spent with directors airing grievances with one another. [See separate article in this edition of the Progress for details.] Daly said he presumed the statement was issued in response to comments in support of Viola made by several directors during the open session.

The open portion of the meeting included a couple of instances of Perrone and Janasek sparring over the conduct of the meeting. Perrone, Daly and Horn all defended Rogers against the suggestion that her discussion with Viola on the eve of the organizational meeting was in some way improper.

Rogers also pushed back hard against the idea that she had been in any way influenced by or “told to vote� for Perrone by Viola. She also said that while she had been advised by counsel that she had a case for defamation against the OPA and Janasek for comments alleging that she had broken her word on a deal to make Tuttle president, she said she would not go there. “I’m above that,� she said.

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By TOM STAUSS Publisher hile it’s not clear and probably isn’t true that any director was ready to vote to oust John Viola as general manager, at least one director at an Aug. 17 special meeting of the Board of Directors meeting said she thought that there was an effort under way by some directors to “squeeze out� Viola from a job he’s held for roughly a year and a half.

That director was Camilla Rogers, who didn’t offer any real evidence to support that belief.

None of the directors who initially resisted an effort by a bloc of three directors to discuss “personnel issues� in closed session did either.

Rogers, OPA President Larry Perrone, VicePresident Colette Horn and Director Frank Daly initially all said any discussion on the subject of Viola should be conducted in public session, especially since the topic at hand had already been exhaustively aired in an article published in the August Progress.

Viola was invited to attend the special meeting

by Perrone. Wearing a face mask but still recognizable, Viola did not offer any comments.

OCEAN PINES

September 2020

Squeeze play From Page 15 Perrone and Horn tried to flip the narrative against Janasek by contending that he had violated bylaws and the OPA code of conduct, presumably by revealing the topic of a closed session even before it was held. Janasek never responded to this contention, and there is no formal complaint aganst Janasek pending.

He denied he was the source of any published information on what Viola and Rogers discussed the night before the organizational meeting. He did not retract remarks made about what he regards as the inapporpriateness of the general manager discussing the OPA presidency with the acknowledged swing vote that determined the outcome.

At one point during the debate he said he had not read the article referenced during the meeting.

Daly framed the issue as one of protecting the right under the First Amendment to the U.S. Constitution for Viola and Rogers to discuss the OPA presidency. He also said there is nothing in the OPA bylaws to preclude that discussion.

Perrone kept a tight rein over the meeting, sparring with Janasek early when the OPA president refused to let Janasek respond immediately to remarks made by Rogers.

“I’m running the meeting,” Perrone said, to

which an irritated Janasek responded that he envisioned a lot of 4-3 votes in the coming year under Perrone’s presidency.

In the end, however, Perrone gave every director an opportunity to comment on Tuttle’s motion to go into closed session to discuss unspecified personnel matters. Janasek was given a second opportunity to comment after every other director had his or her say.

After Tuttle and Janasek both said they wanted to discuss matters not raised in last month’s article or discussed in the open portion of the meeting, all seven directors voted to adjourn and to reconvene in a closed session.

Initially favoring a closed meeting only, former OPA President and current Treasurer Doug Parks reversed himself and said he was ambivalent but could support an open meeting discussion. A closed meeting, he said, had to be done for the right reason, not because it was “dictated” by a newspaper article.

That comment was puzzling, as the article did not advocate for either an open or closed meeting.

Immediately after Perrone opened Tuttle’s motion for discussion, Janasek said the board “should go into close meeting right now,” with Parks agreeing.

Horn said the issue of a director asking for information from the general manager was not a valid reason for a closed meeting, with Janasek asking if he could respond.

Perrone said he couldn’t, that he was giving each director an opportunity to respond in turn.

Daly then jumped in and asked whether the article in last month’s Progress was accurate.

Hearing no assertions that it was not, Daly said it appeared to him that “Cami violated no bylaws” in talking with Viola about the presidency and that both Rogers and Viola had a First Amendment right to talk to one another.

“So it’s not a subject for a closed meeting,” he concluded.

Rogers agreed, after lamenting “15 terrible emails” she received regarding her vote for Perrone as president.

She referenced emails from a friend, Debbie Bloom, whose text message exchanges with Rogers were quoted in last month’s Progress article. A concluding email from Bloom indicated that she “understood” Rogers’s position, she said.

In one text message, Rogers seemed to indicate that she had been swayed by Viola in her decision.

She later denied it.

The text indicated that Rogers said she “based [her decision to vote for Perrone] on my conversation with John Viola last night.”

The text did not specify the content of that conversation. Another text made it clear that Rogers agonized over the decision in favor of Perrone.

“This was a horrible decision to have to make,” she wrote. “I hated being the swing vote. I had q

16 Ocean Pines PROGRESS

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OCEAN PINES

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q

to make a decision after interviewing everyone and then speaking to John (Viola). I think the world of Steve. I am so sorry I disappointed you,” she told her friend.

During the Aug. 18 open session Rogers said she had a transcript of the entire text message string between her and Bloom.

Rogers said in talking with Viola she was doing “due diligence” that would be expected from a lawyer and as a conscientious board member.

“It’s what we do,” she said, adding that she interviewed Tuttle and Perrone “about their priorities” if elected.

“They were open and honest,” she said.

She went on to say that Viola didn’t tell her how to vote and that he told her he could work with “any of them” as president. In recent comments to the Progress, Viola said he told Rogers that he would have “no problem” with working with either Perrone or Tuttle as president.

Rogers said that the OPA “is lucky to have” Viola as general manager and that the OPA under his leadership had accomplished 15 objectives set out a year ago.

She said she perceived the request for a closed meeting as “an attempt to squeeze John out. This is really sad.”

She did not offer any evidence for that belief or why certain directors might want to see Viola gone.

She said she hired counsel, “who said I have a good case for defamation,” presumably for comments attributed to Janasek. “I’m not going to do that,” she declared. “I’m above that,” suggesting she didn’t want to drag the OPA down that path.

She concluded by saying the board didn’t need to go into closed session for further discussion and that “John has done nothing wrong.”

Perrone said his concern as OPA president was for the interests of the OPA, alluding to the possibility of a defamation suit referenced by Rogers.

He said he had no idea what the request for a special meeting was about until reading the Progress article “quoting Janasek about a concern” with respect to the Rogers-Viola meeting.

Janasek’s revelations about a closed meeting subject and alleging a broken promise by Rogers violated the board-approved Code of Conduct, Perrone said.

He went on to say that Janasek’s comments opened up the OPA to a lawsuit for “defamation, whether implicit or actual,” by either “the GM or another sitting director (Rogers).”

He said the entire episode was “very disappointing to me.”

Perrone also said there was no need to go into closed session “because Director Janasek has already laid out what was to be in closed session in the newspaper article.”

Janasek interjected that he objected to Perrone’s remarks, and that’s where the discussion became somewhat heated. Perrone said he was “not done yet” with his comments and that Janasek would “have your opportunity” after Perrone was finished. Janasek again said he objected to Perrone’s comments.

Perrone disclosed that he had discussed the matter with OPA counsel

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September 2020

Squeeze play From Page 17 who told him there was nothing in the OPA bylaws to preclude a director from “having discussions of this nature” with the general manager.

There is a prohibition against any director giving instructions to the general manager or staff, but that has not been alleged in this case.

Perrone said that Rogers has vehemently denied there was any “undue influence” by Viola and that he found suggestions to the contrary “in any interview with the press” to be “very disturbing.”

Janasek, who earlier had said he had not read the Progress article, “first of all” said he “didn’t know what they (Viola and Rogers) talked about” on the eve of the organizational meeting.

He acknowledged that he had been told about the alleged deal to make Tuttle president.

“I was told what the vote was supposed to be but wasn’t,” he said.

He also told Perrone that “you had no idea what the subject of the

closed meeting would be. It might be after listening to the comments of completely different from what was directors who were opposed. written in the Progress ... not just After saying he no longer had about [Viola’s] conversation with a problem with a closed meeting, Cami zero hours before the vote.” he said it should be for the right Janasek then said he could see reasons. “where this was going” and that he “The media shouldn’t decide could forsee “the 4-3 votes for the when we go into closed session, “ he next year.” said, adding that a “closed meeting He seemed to be suggesting shouldn’t be dictated by the media.” that he, Tuttle and Parks would It’s unclear what media Parks be outnumbered by Perrone, Horn, had in mind with his commentss.

Rogers and Daly voting together in No written or digital publication a bloc. in the area advocated for or against “I get it,” he continued, again a closed meeting with respect to the suggesting that the need to go into allegations in play. closed session “was not just about Indeed, no publication in the what was written in the Progress. We area covered the controversy in any still need to go into closed session.” detail, with the exception of the Perrone asked Janasek whether Progress. he had brought any allegations Parks did not mention the involving Viola to Parks when he Progress in his remarks. served as OPA president.

Echoing Janasek’s comments Janasek responded that “I’m not that a closed session could involve sure I did,” adding that before any matters unrelated to Viola, Tuttle investigation or inquiry would be said a closed meeting could involve conducted “wouldn’t the way to do discussions “about an issue that it” initially be to discuss allegations could affect how the board would 04-20 Batie Law-Ad 4/13/2020 2:02 PM Page 1 in closed session. function going forward.”

Parks said he was ambivalent That would not appear to be on the issue of a closed session consistent with the stated purpose

of the closed meeting in his motion, which was for personnel matters but not issues of board functionality.

He went on to express support for the work [Viola] has done for the community and that he would be “willing to work with him for another 18 months” after the 18 months already served.

“I deeply appreciate his work,” Tuttle concluded, seeming to counter the belief expressed by Rogers that a board minority was trying to “squeeze out” the general manager, whose contract expires in June of 2022.

After OPA counsel Jeremy Tucker said the board could go into closed session to discuss personnel issues “unrelated to the alleged conversation” between Viola and Rogers, as well as Viola in particular, the board voted unanimously to approve Tuttle’s original motion for a closed meeting.

Tucker had been sitting quietly during the meeting and this was his only verbal contribution.

It turned out the closed meeting didn’t involve a discussion of Viola or personnel, according to Daly.

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This zucchini or squash casserole beat eggs, stir in mayonnaise, onion, Pines represe OCEAN PINES Pines PROGRESS 19 cheese 2020 and Ocean seasonis an excellent vegetarian dish or a green pepper,September and unique t ings.

Add squash and turn into welcome side to any dinner. er than in the aggregate.

Viola not subject of closed board meeting Daly said he was bothered at the greased 1-1/2 qt. baking Dot seemed unwilltime dish. that Tuttle I ask for your Directors’ issues were with one another, not general manager, Daly says ing to accept any with butter. Bake at 350 degrees for amendment that Zucchini or Squash Casserole get Daly also said that Tuttle ques- a proposal to reduce board capital might have helped his motion

By TOM STAUSS Primary Elec 4 cups chopped (skin on) 30 minutes. to a majority, which Daly said went Publisher tioned Daly on one of the reasons Daly spending authority from the curto issue of temperamentour needed to district. rent $1.8 million to $1 million. closed meeting of the Board had cited for votingor forzucchini Perrone inorthe squash a combinaI enjoy hearing from my readers work with other directors.

Daly said he had offered a of Directors Aug. 17 that contested election for OPA president. said so publicly seemed that it might involve Tuttle, a contender for president, lost “friendly” amendment tion of both and will tobeTuttle’s happy to “Ianswer any at the time, so it should not have come as a surissues related to General Manager that vote 4-3 in the board’s organiza- motion that would have closed what 2 eggs questions about my recipes. prise to Steve that I considered Daly regards as a loophole in OPA’s John Viola’s job performance turned tional meeting last month. that in deciding how to vote for out to involve topics unrelated to The issue 1raised

by Tuttle con- bylaws that allows the board to bycup mayonnaise bevwisch@aol.com president,” Daly said.

Viola, Director Frank Daly told the cerned a motion offered by him ear- pass the $1.8 referendum threshold Progress. lier this year to go to referendum on by funding projects in phases rathIf you’d like “It was a total dud,” Daly said, at I can least in so far as issues related to Viola.

Berti OPA Director Steve Tuttle, in q

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comments posted on oceanpinesforum.com, also indirectly confirmed the closed meeting did not touch on Viola. He said the session involved board policies and procedures, without adding any specifics.

Daly, however, was more forthcoming.

“There was no discussion of John whatsoever,” he said. “My gut tells me there were some issues that some directors might have wanted to talk about, but for some reason they didn’t come up,” adding that certain issues regarding Viola’s sixmonth performance review remain on the table “and probably will be discussed in the fall.”

Daly said the closed meeting involved issues that directors had with one another, adding that the discussion could easily have been conducted in open session.

One issue brought up by Tuttle had to with a recent confirmation by newly elected President Larry Perrone that the Ocean Pines Association has been in discussions with the developer of the former Pines Shore golf course north of Ocean Pines for the acquisition of land for use in a future drainage project.

Perrone said the developer wanted to be paid for use of the property as the site for a future stormwater drainage pond.

Perrone’s confirmation was published in the August edition of the Progress.

According to Daly, Tuttle questioned the appropriateness of Perrone disclosing that information, to which Daly said he replied that Perrone’s disclosure was entirely appropriate.

“There was no harm done in disclosure, and Larry’s instincts were spot on in wanting to provide transparency on a very important issue in Ocean Pines,” Daly said.

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OCEAN PINES

September 2020

Closed meeting From Page 19 He said that Perrone raised the the third topic discussed during the closed meeting, taking issue with Director Tom Janasek’s comments in the earlier public session and in remarks published in the Progress last month alleging that Director Camille Rogers backed out of a deal that would have made Tuttle the OPA president and Colette Horn vice-president.

Rogers has denied there was any deal in place.

“Larry was upset with Tom’s comments,” Daly said, suggesting that Perrone and Janasek remain at odds over this even after the closed meeting discussion.

Rogers has vehemently denied there was any deal to make Tuttle president, telling the Progress in published remarks last month that the very idea that she would make such a deal “stupid.”

Daly said that unresolved issues regarding Viola’s “incomplete” performance evaluation might very well be raised by directors this month or as late as October.

“By November, we have to finalize John’s annual performance review,” Daly said, identifiying the status of the Human Resources position, a general manager succession plan, and a strategic plan update as three areas that Daly said were left “incomplete” in the six-month review conducted by the board this past winter.

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OCEAN PINES BRIEFS OPA reports three covid incidents at pools

he OPA recently reported three cases of covid-19 among members of the Aquatics staff, one on Aug. 21, another on Sept. 3, and another on Sept. 10.

All of the cases were mild ones.

The first incident resulted in four other staffers furloughed for two weeks because they had been in contact with the affected individual. None of these four contracted the virus. The second individual with covid had not been in direct contact with others on staff.

The Aug. 21 incident with the five affected individuals resulted in a staffing shortage, which closed down the Beach Club pool for several days in August, beginning on Aug. 22.

The pool reopened on Aug. 28 and remained open through Labor Day, Sept. 7, and then closed for the season.

The Sports Core Pool closed on Monday, Aug. 24, for semiannual cleaning and partial draining, and reopened on Sept. 7. Initially, there were reports that this pool had closed because of the covid incident, but that appears not to have been the case.

In a Sept. 10 press release, General Manager John Viola said the third Aquatics employee testing positive

for covid “has not returned to work and will not until it is safe to do so consistent with CDC protocols. We notified the local health department of the situation and will cooperate fully with public health officials. We understand that the employee had no close contact with residents or other employees.”

Fall classes began on Sept. 7 at the Sports Core Pool.

The Yacht Club pool remains open weekends and on selected good weather days in September.

Pool updates are available by calling the Sports Core pool at 410651-5255.

OPA to tighten mask-wearing

Yacht Club offers Sept. 27 discounts

The Ocean Pines Yacht Club will say “thank you” to customers by offering 30 percent off entire checks on Sunday, Sept. 27.

The Yacht Club also is transitioning to new fall hours.

Hours Monday through Wednesday, Sept. 14-16, will be 3 p.m. to close. Hours from Sept. 17-20 will be 11 a.m. to close.

Starting on Sept. 21 and continuing until May, the Yacht Club will be closed from Monday through

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After receiving a directive from the county Health Department based on a complaint from an Ocean Pines resident, OPA President Larry Perrone announced a tighter policy on mask-wearing at meetings of the Board of Directors.

All directors and staffers will be mandated to wear masks at all times during meetings, Perrone said, telling the Progress that this mandate would apply even while directors are speaking.

The new policy was in effect during the Sept. 9 monthly meeting.

Clubs committee suspension OKd

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Wednesday. Thursday through Sunday hours, each week, will continue to be 11 a.m. to close.

Ralph DeAngelus, cofounder of the Matt Ortt Companies that runs the Yacht Club, said the customer appreciation day is both a way to thank loyal patrons for supporting the restaurant, and a way to help transition to the new fall menu, set to launch on Oct. 1.

The 30 percent off special is good for all food, beverages and alcohol for lunch and dinner.

“It was a challenging year because of everything that happened with covid, but people in Ocean Pines stuck with us. They not only kept us in business, but they really went above and beyond,” DeAngelus said. “We couldn’t be more grateful for their support, so the 30 percent off is a great way for us to show our gratitude.”

Friend Us

Citing the fact that Ocean Pines food and beverage venues are managed for the OPA by a private contractor, the Matt Ortt Companies, Director Tom Janasek offered a motion at the Sept. 9 board meeting to suspend the Clubs Advisory Committee.

The committee in its annual report last year sought greater direct involvement with MOC personnel, but that idea has been consistently resisted by MOC and the board.

With no direct engagement with MOC permitted, the committee hasn’t had much to do in recent months. The covid-19 pandemic also made it difficult for the committee to meet.

The board went along with Janasek’s proposal and voted unanq

20 Ocean Pines PROGRESS

OCEAN PINES imously to suspend the committee.

Directors agreed that the committee, tasked with advising the Board on matters related to food and beverage operations, was unnecessary. Association Vice President Colette Horn said the committee could be restarted, if it is needed in the future.

Janasek, the committee liaison, said he had nothing but gratitude for the hard-working committee members.

“I appreciate all the things they’ve done and all the information they’ve given to the Ortt group, and [to others] well before that when Ocean Pines was running … the Yacht Club and the Beach Club,” he said.

“It’s just the matter of the fact that we have a professional organization running [the operations] and they have their own ways of running it.

“I want to thank Gary Miller, who is the chairperson of that committee, and the rest of that committee very much for putting in their time,” Janasek continued. “They were very dedicated … this is no reflection on them at all, it’s just the simple fact that we have a management company that we brought in.”

Association President Larry Perrone echoed Janasek’s comments.

“This really has nothing to do with the Clubs Committee not doing a good job. It really has to do with the fact that Matt Ortt Companies are running our food and beverage operations,” he said. “I’m sure all the members of the Board want to thank Gary Miller for his hard work, and the rest of the members of the committee.”

Board adopts C-1 revised resolution

The Board of Directors on second reading approved a revised C-1 board resolution that streamlines the way advisory committee operate and makes requests to the Board of Directors for action. There is a new “charging document” in place that committees are supposed to use when communicating with the board.

“These revisions also set forth a suggested outline for advisory committee meeting minutes, so that they’re standardized,” Horn said.

This change could promote the completion of minutes by advisory committees. The OPA Web site indicates that many committees are behind in posting their minutes.

The action approving the revised resolution was taken during the

September 2020 Ocean Pines PROGRESS Sept. 9 monthly meeting.

First reading of the revised resolution occurred on March 7.

Community Center cleaning contract OKd

The Board of Directors at the Sept. 9 monthly meeting approved an annual contract with Sands of Time Cleaning of Berlin for the daily cleaning of the Community Center at a cost of $32,000. The company already cleans other OPA venues, including the Administration Building three days a week ($20,500), the police station three days a week ($20,500), and the golf course bathrooms one day a week ($5200.

The Community Center contract was $2,000 over budget. Other companies contacted by the OPA to do the work declined to bid.

Mediacom announces community hotspots

Mediacom, one of two Internetcable television providers in Ocean Pines, issued a statement Aug. 14 commenting on the company’s services available in Ocean Pines, including Gigabit Internet, digital video and telephone.

“Over the last few months we have taken several steps to ensure that our fiber optic network [in Ocean Pines] is functioning at peak performance. We want to make sure that your residents and local businesses are connected with a high-quality broadband connection.

With speeds up to I Gbps, we can support your residents no matter if they are working from home, doing remote learning, staying up to date on current news and events, or just enjoying the vast entertainment options are available. We are continuing to invest in the infrastructure of your area,” the statement said.

The company announced that it providing free Community WiFi in Ocean Pines with the Aug. 24 launch of Xtream Hotspots in multiple areas of Ocean Pines.

This WiFi is available in the Sports Core pool and library area, fire department and Public Works area, golf club area, community center, and Whitehorse Park area.

When Mediacom customers are in these areas, they will have unlimited access to high-speed Community WiFi. Non-Mediacom customers will receive thirty minutes of connection every month.

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COVER STORY

September 2020

Drainage project From Page 1

as a new stormwater pond and river outfall, on the other side of Beauchamp Road. Although there are hopes that additional state funding to cover the cost of phase two will be forthcoming in the future, prospects are uncertain.

Until such time as that additional state funding comes through, phase two is more aspirational than real.

There is no expectation that the OPA will come up with the funds to finance phase two if the state funding for it doesn’t come through.

Because of that, there is a general consensus that a referendum is not called for.

The possibility of a referendum to cover the combined estimated cost of both phases was raised last month

by OPA President Larry Perrone.

He also disclosed that the original estimate of $2.2 million might have to be increased because of unanticipated land costs. The owner of the potential site of a new stormwater storage pond across Beauchamp Road from Ocean Pines notified the OPA that he wanted compensation for the land. That disclosure was

not well received among county officials, who put the state grant passed through the county on a temporary hold.

Since then, however, the developer’s own attorneys have reportedly recommended against a sale of land to the OPA for a drainage pond because it would negatively affect the number of homes that could be built on the property, the former Pines Shore Golf Course.

Under the two-phase approach to the project, the issue of securing land for a new drainage pond need not be resolved immediately.

The county’s temporary hold on the funding has been lifted.

The plan according to Viola and Phillips is to complete Phase I in the current fiscal year.

The plan anticipates that additional improvements could be made in Sections 4, 6 and 8, and also in Section 2, with the potential of future funding from the Coastal Bays program in the amount of $175,000.

The Section 1 and 2 improvements are targeted at water quality and improved flood protection resiliency through the retrofitting of the existing Bainbridge pond. The project will bring up the pond to current

Maryland Department of the Environment wet pond regulations by adding forebays, wetland/aquatics benches, a proper outfall structure and an improved dam embankment, called a weir.

The project entails adding throughly three feet of depth to the pond as a way of capturing more stormwater during heavy weather events.

Also included in the grant-funded portion of the project is replacement of the existing low-quality outfall swale leaving the pond with a stateof-the-art swale that includes a much deeper channel. [See diagram] These improvements are designed to control water levels and are projected to reduce pollutant levels, a key objective of the MDE. The Section 3, 5 and 7 improvements funded by the OPA include improvements to outfall channels and replacement of failing culverts.

Beaconhill Road, Sandyhook Road and Pinehurst Road culverts are targeted.

Future grant funding improvements in Sections 2,4,6 and 8 include retrofitting drainage swales “to remove the limiting confining layers of silt, leaf and organic ma-

terial” and replacing them with a sand-plant soil mixture.

“This will allow for seasonal infiltration of runoff and provide further resilency during storm events,” according to a 12-page report report released during the meeting.

Along with Ocean Pines staff and Board members, those present at the Sept. 9 board meeting included Worcester County Commissioner Chip Bertino, county Chief Administrative Officer Harold Higgins, county Director of Environmental Programs Bob Mitchell, and officials from Vista Engineering.

Vista was responsible for drawing up the engineering specs for the project that made the OPA eligible for state grant funding.

Viola said the Ocean Pines team is “very excited about this project.”

He said that Colby Phillips, Public Works Director Eddie Wells and Public Works Operations Manager Nobie Violante, in particular, put a lot of work into the proposal.

“This is a project that has been a long time coming,” Phillips said, adding that local and county officials had worked to improve flooding in the area of Bainbridge Pond for

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COVER STORY

September 2020 Ocean Pines PROGRESS

Drainage project From Page 22

some two decades.

Phillips said the original project sent to the Department of Natural Resources in February would have cost $2.2 million, with just over $1.5 million sought in grant funding from the state. Ocean Pines and Worcester County would have supplied the remaining $729,000.

“With this project, we were looking to put two more culverts under Beauchamp Road, as well as the addition to the stand-alone pond,” she said. “When we submitted the proposal … everybody loved it. Obviously, with COVID, it was scaled back. However, we still did receive one of … the largest state grants.”

Ocean Pines, aided by Worcester County and Vista Engineering, received $549,000 in grant funding.

In response, a scaled back flooding reduction plan was developed, to include several phases, or “sections” of work.

These are not to be confused with the geographic sections of Ocean Pines.

Viola said the estimated initial one cost is now estimated at about $805,000.

“The OPA expense for the fiscal year 2020/21 that we’re in, we’re estimating [to spend] somewhere around $250,000-$270,000. And we’re conservative with that,” he said, adding the money would come from the drainage reserve.

Viola said the scaled back project would tackle sections 1, 2, 3, 5 and 7 this year, with sections 4, 6 and 8 held off until the following year.

“There is a possibility of future grants,” Viola added. Phillips said that includes working with Maryland Coastal Bays Program on a new grant application.

Phillips said sections 1 and 2 would address water quality improvements and flooding, by bringing Bainbridge Pond up to Maryland Department of the Environment standards and adding capacity through forebays, aquatic benches (or wetland plants), and outfall structures and improved dam embankments.

“This will help control water levels and can slow them down with

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the potential larger storms,” Phillips said. For residents, she added section 1 improvements could “help give some cushion to the water that flows in [residents’] backyards.”

“Twelve percent of this community is affected by this pond,” Phillips said.

She said work on sections 3, 5 and 7 would replace failing culverts and improve outfall channels, while sections 4, 6 and 8 would retrofit drainage swales, which help manage water runoff, filter pollutants and increase water infiltration.

All of the improvements would help reduce pollutants, including 1,535 pounds of nitrogen, 174 pounds of phosphorus and 90 tons of total suspended solids, each year.

Viola added that Public Works would also continue regular maintenance of Ocean Pines drainage ditches, to help improve waterflow.

“It’s a very well-planned-out project,” he said.

As for next steps, Viola said sections of work would soon go out to bid, and that Ocean Pines would seek a formal acceptance of the grant funds by the county commis-

23

sioners.

Perrone said the purpose of the presentation was to bring the other Board members, and the community, up to speed.

He said proposed sections 9, 10 and 11 of the work, focused on property on the other side of Beauchamp Road, would have cost “a significant amount of money.”

“That, at this point, has been eliminated,” Perrone said. “The cost for section 1 and 2 is down to about $800,000 overall. With the grant money we received … we’re probably looking at $250,000, maybe $300,000 … and that money is currently in our reserves.”

Perrone said the county was looking for a sign that the Board endorsed the scaled back project. He asked for a show of hands, and all seven Board members raised their hands in support.

“I think you’ve got unanimous support,” Perrone said, telling Bertino and the other county officials, “I hope you guys will carry that back” to the county commissioners.

There’s every indication that will happen.

24 Ocean Pines PROGRESS

OPA eligible for another pot of federal covid money

A

lready benefiting from about $1.4 million in federal Paycheck Protection Program funds in the 2020-21 fiscal year, the Ocean Pines Association is now in line for up to $150,000 or so in Affordable Care Act funds that are being distributed through Worcester County.

OPA General Manager John Viola earlier this month said that the county notified the OPA of its eligibility for ACA funds. It should be fairly automatic to receive the funds if the application is filled in and then submitted, he said.

“We can get reimbursed for covid-19-related expenses for masks, cleaning, and also payroll that is tied directly to dealing with the pandemic,” Viola said.

Assuming the funds are received in a timely fashion, Viola said that ACA funds can be used for covid-related payroll expenses that otherwise might be covered by PPP funds.

The practical effect is that PPP fund usage will be extended beyond August, when these funds were expected to be used up. The PPP fund allocation should now extend into September if the ACA infusion is received, he said.

Viola said that Accounting Manager Julia Johnson, who is serving as acting finance director in the absence of Steve Phillips, who is home recupering from knee surgery, will be working with Viola to apply for the ACA funds. Phillips, out for anywhere from three weeks to three months, will also assist, health permitting, Viola said,

B&F Committee OK with later financials

The new NorthStar software was supposed to be able to produce monthly financial statements earlier than the traditional last week of the month, and it’s still possible that prior month departmental financial summaries will be available to the Board of Directors and the Budget and Finance Advisory Committee as as early as the 10th.

The goal of earlier release of the statements, which are posted on the OPA Web site, is still achievable, but Phillips’s absence from knee surgery could set that back somewhat.

Viola told the committee at its Aug. 26 virtual meeting that some line items could include estimates rather than hard numbers as a way of producing documents sooner than later.

During discussion, it didn’t seem that committee members were all that concerned if financials aren’t available by the 10th or 13th of the month, so long as they’re available by the committee’s scheduled meeting on the last Wednesday of the month.

“With Steve out, I won’t say definitively that they’ll be late or that we’ll have them by the 9th, 10th or 13th,” he told the Progress later.

One OPA director, Tom Janasek, has said publicly that he would like to see the financials earlier than has generally occurred in Ocean Pines.

Viola said that if Phillips remains out of commission for an extended period, he believes Julia Johnson will be able to produce the financials using the NorthStar system.

OPA establishes drainage reserve

OPA FINANCES

September 2020

OPA members who pay close attention to the monthly reserve fund recap might soon notice a change in the format, with a new drainage reserve joining replacement, roads, and new capital in the monthly summary.

Drainage for decades has been part of the roads reserve, but with the new focus on drainage improvements in Ocean Pines, General Manager John Viola with the concurrence of the Board of Directors and the B&F committee decided to separate drainage from the roads reserve.

Road improvements will continue to be funded by casino revenue-sharing funding through the county, while the drainage reserve will be funded by annual board allocations and grant money.

Assessment collections doing better: Viola About $300,000 less, year over year

By TOM STAUSS Publisher

W

ith collections slowed down by the covid-19 pandemic and the a 90-day extension given to property owners to pay their assessments for the 2020-21 fiscal year, payments are catching up to where they have been tradionally in Ocean Pines, General Manager John Viola says.

As of the end of August, collections were about 2.5 percent less than they were a year ago, which equates to a $300,000 year-over-year shortfall, Viola told the Progress in a Sept. 5 telephone interview.

“We’re doing good,” he said, painting a much brighter outlook on assessment revenues than he did earlier in the year. The situation is a substantial improvement over Aug. 1 collections, when the yearover-year shortfall was $1.1 million, an 87 percent collection rate. The revised collection rate is about 92 percent now, Viola said.

The OPA began assessing interest on unpaid balances as of Aug. 1, and that is a possible factor in the accelerating pace of collections as property owners try to pay up in order to avoid the add-on fees.

Viola said it now appears possible that by the end of the fiscal year, the year-over-year shortfalls will be erased.

The typical collection rate in any given fiscal year is about 98 percent, which means the OPA is still a ways off from reaching the goal.

Viola said it’s still too early to say how the revenue shortfall will affect budget preparation for 2021-22, a process that is now in its initial stages.

“I’ll be looking for some guidance from Budget and Finance (committee) on that,” Viola said.

The most significant revenue shortfalls this summer from covid-19 are beach parking revenues and aquatics memberships, Viola said, with payroll protection program revenues more than offsetting those shortfalls. Parks and Rec was also adversely affected.

Budgeting for these departments will be more challenging than it would be without the overhang of covid.

“We don’t really know at this time whether the pandemic will be with us next year,” he said, “or to what extent it will be.”

He and his finance team will be looking for guidance from the B&F committee on that topic as well, Viola said.

Although federal Paycheck Protection Program funds have cushioned the blow from covid, PPP funds presumably won’t be part of the OPA’s revenue stream next year.

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OPA FINANCIALS

September 2020 Ocean Pines PROGRESS

Three months into fiscal year, OPA records $931,000 surplus Payroll protection plan revenue continues to bolster bottom line

By TOM STAUSS Publisher he Ocean Pines Association recorded a $318,074 operating fund surplus in July and for the first three months of the fiscal year there was an operating fund surplus of $930,596. For the year through July 31, the OPA recognized more than $1 million in Payroll Protection Program revenues allocated to General Administration.

T

Without the $398,000 in recognized PPP revenue in July, the OPA would have had a negative variance to budget of roughly $80,000.

The Yacht Club in July shrugged off the covid-19 pandemic, recording a $115,548 net surplus and exceeding budget by $41,738.

For the first three months of the year, the Yacht Club more than doubled its budgeted surplus, with a year-to-date net of $205,491 com-

pared to the budgeted $100,660.

PPP funds received by the Matt Ortt Companies contributed to the stellar performance.

Marina operations also outperformed in the first quarter and in July. On net earnings of $115,548, marina operations exceeded budget by $32,805 in July. For the first quarter, net operating earnings of $243,347 were ahead of budget by $24,467.

OCEAN PINES ASSOCIATION NET OPERATING BY DEPARTMENT, JULY 2020

Source: OPA Finance Department

25

Golf operations and the Clubhouse Grille also had a good month in July. Golf on net earnings of $28,140 exceeded budget by $21,151.

The Clubhouse Grille on earnings of $11,518 exceed budget by $8,891.

Both golf and the grill were in the black for the year through July. Golf’s operating surplus was $151,491, under budget by $40,074.

The grill recorded $22,083 in net earnings through July, $4,119 ahead of budget.

The pandemic has had its most adverse impact on beach parking and aquatics, although beach parking recorded a $5,514 surplus in July and for the first quarter is in the black by $246,920. That’s $189,319 under budget for the year so far.

Aquatics recorded a $14,508 loss in July, under budget for the month by $78,853. For the first quarter, the department was in the black by $6,557, under budget by $192,621.

The Beach Club, which closed for the summer season after Labor Day, had a first quarter operating surplus of $66,598 through July, ahead of budget by $9,106. For the month, the surplus was $53,240, under budget by $26,607.

Racquet sports are performing close to budget for the year so far, with pickleball and platform tennis in the black, more than offsetting a small loss in tennis. Parks and recreation has been affected by the pandemic, falling behind budget through July by $38,023.

Status of reserves: The OPA’s reserve balance through July 31 was $7,244,026, down from $7.78 million at the end of June. The replacement reserve balance through July 31 was $4.36 million, the bulkheads and waterways reserve $2.09 million, roads $688,264, and new capital $101,470.

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WORCESTER COUNTY

Ocean Pines PROGRESS September 2020

Ribbon-cutting for new Showell Elementary School planned for next month

By SUSAN CANFORA Contributing Writer hen students enter the new, $48.5 million, Showell Elementary

W

School, “they will get such a good feeling about themselves,” an upbeat Worcester County Superintendent of Schools Lou Taylor said.

“It’s all state-of-the-art and with

The front entrance to the new Showell Elementary School

the colors and lighting it’s just a beautiful building. We’re all extremely excited about it. There are grays and blues but in the Media Center there is royal blue, light

blue, reds, pink. The building is wired for technology. The Worcester County Commissioners approved $3.5 million for a technology plan for the county. Showell Elementary will be a model for the other schools,” he said.

“The people who planned it, the teams that were involved, they all did a terrific job. All the teams were absolutely fantastic and it will come in under budget, so we’re excited about that,” Taylor said.

A ribbon cutting and tours of the new, 102,409-square-foot structure will be planned for mid-to-late October.

The old Showell Elementary, built in 1976, needed nine portable classrooms for students in pre-kindergarten through third grade.

Now, the new school will accommodate those students, plus fourth grade.

And, there is space if pre-K, currently a half day, is expanded to a full day, as was recommended by the Kirwan Commission.

The Commission was created by the Maryland General Assembly in 2016 to make recommendations for preparing students for college or the workforce.

It is named for William E. “Brit” Kirwan, chairman of the Commission, former chancellor of the University System of Maryland and former president of the University of Maryland, College Park.

The new Showell Elementary boasts 40 classrooms, two special education classrooms, two technology education labs, two music classrooms, a music-art classroom, an art classroom, Media Center with TV production studio, five commons areas, five teacher resource workrooms and a 14,000-square-foot courtyard, according to Carrie Sterrs, coordinator of public relations and special programs for the Worcester County Board of Education.

“It’s quite a bit bigger. We’ve added fourth grade, so now all the elementary schools will have third and fourth grades in them,” Taylor said.

For awhile, fourth graders from the Ocean Pines area attended Berlin Intermediate School.

“The school is truly conducive to learning for young people. And -this is very important – it is laid out well for school safety,” he said.

Visitors must come into a vestibule when they enter the building and will be immediately directed into the school office.

Nobody can walk in the front door and directly into the hallway or a

WORCESTER COUNTY

September 2020 Ocean Pines PROGRESS

classroom.

Once in the office, everyone undergoes a security check.

Parents of elementary school children often drive them to school, a habit families enjoy but that caused traffic jams along Route 589.

The new school has a larger dropoff loop, more parking and larger expanse for school buses, Taylor said.

“The cars and the school buses can now more freely move,” Taylor said.

He moved some faculty members around to staff the school and hired an additional art teacher and guidance counselors, as well as more custodians to keep the building – where student enrollment is 600 to 700 -- tidy and clean.

Located on Route 589, north of Ocean Pines and south of the Route 113 exit into Delaware, the new building was celebrated with a groundbreaking ceremony in September 2018.

The original, 52,000-square-foot school, was razed after years of learning and enjoyment. It clearly had outlived its usefulness when the bulldozers arrived.

Bricks from the old school were kept and will likely be sold to raise money for the school system.

There are no current plans to build another school in Worcester County, Taylor said, but Stephen Decatur Middle School in Berlin will be enlarged so students won’t have to use 12 trailers, as are now in operation.

27

Classroom instruction to resume in stages beginning Sept. 28 Reevaluations planned every two weeks to ease away from remote learning

By SUSAN CANFORA Contributing Writer nowing parents are concerned about the health and safety of their children during the coronavirus pandemic, Superintendent of Worcester County Schools Lou Taylor vowed to strive to alleviate fears.

“I have tried to stay at the forefront of letting everybody know what we are doing. I’m trying to make the best decisions,” he said.

Worcester schools opened virtually on Tuesday, Sept. 8, and small groups will go back to classrooms every two weeks beginning on Monday, Sept. 28, starting with children who have what Taylor characterized as “certain educational needs,” plus those who don’t have Internet at home.

“We will reevaluate every two weeks. There will be distancing from others and everyone has to wear a mask and use hand sanitizer.

We have been very strong in doing this. Every school has to look at every individual child and determine

K

what is best. My hope is, by the end of the year, everybody will be back in school. There will also be remote learning. We will have that all year.

All the parents will have the option for that,” Taylor said.

Showell Principal Diane Shorts sent robotic phone call messages to students, explaining school would begin in Stage One, with distance learning. The goal is to begin Stage Two on Monday, Sept. 28, by bringing back small groups of students for in-person instruction, as is safe.

“I know that our school closure has been, and will continue to be, difficult for our students and families. Our hope is that before long your child will be in their classroom learning face to face with their teacher, where they should be,” Shorts said, addressing parents.

“Until then, we will do our very best to address your child’s academic, social/emotional and physical needs. We will communicate often through Class Dojo and Schoology, our learning management system. Additionally, we will keep you

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In order for Distance Learning to be as smooth as possible, all students received iPads and Crayons and Chromebooks distributed last year can be used as backup. New devices were distributed beginning the end of August.

Students at Worcester Preparatory School in Berlin started school, with full days in the building, on Tuesday, Sept. 1 for grades 9 to 12.

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Ocean Pines PROGRESS September 2020

‘Life begins the day you start a garden’

LIFESTYLES

Ocean Pines gardeners tend to their plots of paradise

By SUSAN CANFORA Contributing Writer n a recent sunny afternoon, a monarch butterfly landed on the outer edge of a bright pink flower at the Ocean Pines Community Garden. Nearby, sunflowers towered overhead, and gardeners waved at each other as they weeded and dug, one announcing a turtle decided to take an afternoon rest in her greenery. It was a pleasant, friendly setting, bringing to life the Chinese proverb, “Life begins the day you start a garden.”

“I like being there after a stressful day on the computer, even though you have to do all the weeding,” said Tracy Jones, president of the organization that, each year, attracts scores of growers and hoers to the Manklin Meadows Athletic Complex. Sam Schwartz is vice president, Greg Mitsch is secretary and Peggy Tomarelli is treasurer.

Anyone interesting in joining can get on the waiting list by calling Jones at 215-990-1537 or Schwartz at 410 641-7978. There are currently about 20 people on that list.

Jones greets newcomers, gives them tours of the fenced-in, neatly arranged plots lush with flowers, healthy stalks and ripening, colorful fruits and vegetables and welcomes them, showing them where the tool shed and water hoses are, pointing out which plot is theirs and explaining each plot has three, 4-foot-by-8-foot beds.

There are 130 plots in the Community Garden.

Gardeners can get one, or two plots. Water is provided but they are responsible for landscaping ties, and replacing them if they are damaged. Some people want higher boards. They must also provide their own seeds, hand tools and plants.

The annual fee to join is $27.50 and includes soil and mulch to lay between rows to keep weeds down, although Jones said black plastic lining is preferable.

“Weeds are the biggest problem in the garden. We do weed inspections every two weeks. The biggest complaint is neighbors’ weeds get into their gardens and then they get full of weeds. The biggest thing

O

Tracy Jones, president of the Ocean Pines Community Garden, admires a flower grown by a fellow gardener.

LIFESTYLES is weed control. And weeds never go on vacation,” Jones said.

Jones tends her own garden about three times each week, relaxing with like-minded friends who plant and harvest, balancing that enjoyment with her full-time job as project manager for United Health Care, based in Minnesota.

“Some of these people who are in here have been gardening since they were kids. They love gardening . They love having their hands in the dirt and watching their vegetables grow and grow.

What you can learn from talking to some of these people. Some people share their gardening tips on Facebook and if people have concerns, they will comment and help each other,” Jones said.

The Community Garden Facebook page is open to members only, although others have asked to join and aren’t excluded, if they live in the area, Jones said.

“A lot of people ask about the planting schedule – When should I plant what vegetables? What can I plant by seed? Do I need to start with a plant instead of a seed? We have a calendar that lists all the different vegetables for our area, the best time to start putting them in the ground, seeds and plants, “ she said.

Gardener Betty McDermott wrote a delightful history of the Garden, starting with the words that bring to mind the story of creation in the Biblical book of Genesis.

“And in the beginning there were wetlands, marshes and acres of woodlands filled with natural beauty. Developers came and saw and took in the beauty and said, ‘It is beautiful and natural, and we shall develop this pristine area for those who dwell in crowded, smog-laden areas and polluted cities.’ And so, the birth of Ocean Pines came about in the 1960s and early 1970s, including the Community Garden.

“Back in 1971, a handful of community leaders with interests in gardening had a vision to recognize the need and value of having a garden amenity for use by the residents who had a love for gardening,” she wrote.

In 1980, the Garden split from the Ocean Pines Garden Club and became a cooperative venture with its own officers and budget.

There were about 30 to 35 members. It moved to the present location in 2006.

Now, there are crops of tomatoes, peppers, green beans, zucchini, squash, basil and other herbs, watermelon, garlic, beets, radishes, broccoli, Brussels sprouts, horseradish, even corn.

“Some people just have a couple beds of flowers but most people plant vegetables. Most have tomatoes in their plots but it’s a good variety. If you walk around, you’ll see cucumbers, asparagus.

Asparagus comes back every year but it takes a couple years to get started,” Jones said.

Some gardeners till their plots for years.

Schwartz was one of the original gardeners and is a certified master gardener.

Although it’s located in Ocean Pines, the Garden is run by its members. Public Works employees make sure the water is on and take away trash.

“They have been very helpful,” Jones said.

Gardeners contribute to the Sharing Table, on which extra tomatoes and other vegetables, as

September 2020 Ocean Pines PROGRESS

well as plants, are placed, free of charge, for anyone who wants them.

One gardener takes surplus vegetables to a local food bank.

“A lot of people join. They come in and they are all psyched and ready and they plant. Pretty soon their tomatoes are on the ground and when we call them they say it’s too much for them and they don’t have enough time and they’re done. We have had some older people who just aren’t able to do it anymore. But we also have families with kids who come in and the kids are part of it. I saw more of that this year,” Jones said.

A combination lock is on both the tool shed and entrance gate, so gardeners have access day or night, all year.

“Maybe 60 or 70 percent of them will put in some fall plants. Some people, at end of the summer, will just close everything down, clean it out and close it up until next spring. The water is shut off before the frosts start so they take their own water,” Jones said.

Jones, who has been active at the Garden seven years, grows tomatoes, zucchini, green beans,

29

Colorful fruits, vegetables and flowers adorn the Ocean Pines Gardens.

hot peppers, basil, cucumbers, garlic, asparagus, horseradish, jalapeno peppers, leeks, radishes, lettuces and bok choy and shares vegetables with friends.

She got involved with the group through a friend.

“I went over to check it out. I grow things at home. The only place I could grow was on my front deck in grow boxes. I started with one plot at the Community Garden and now I have two,” she said.

“It’s nice to get out there. I enjoy it. And I really like being there with all these great people.”

CAPTAIN’S COVE

September 2020

It’s back to square one on broadband services in Captain’s Cove Meeting to be set up later this month to explore new options

By TOM STAUSS Publisher he announcement at the Aug. 25 meeting of the Board of Directors that CCG Note had cancelled the exclusive contract with Broadband Connection to deliver high-speed fiber optic Internet to Captain’s Cove has pushed aspirations back to square one, but there are alternatives that will be explored.

That comes from Captain’s Cove property owner association President Tim Hearn, who said he was “surprised” by the announcement that CCG Note had lost patience with BBC and the lack of progress on the project.

Under terms of the contract, the developer made the judgment that

T

BBC had been unable to capitalize the $4 to $5 million project.

Accordingly, Hearn said, CCG Note decided it could no longer honor the exclusivity provision in the contract and needed the option of exploring alternatives that it could not do when the contract was in effect.

As a result of the decision to terminate the contract for non-performance, Hearn said the association has reached out to KCI Technologies, the original broadband consulting firm that had helped identify BBC as a vendor positioned to supply fiber optics to the Cove, to help find alternatives to BBC. “They’re going to coordinate a meeting with Justin (Wilder, Cove general manager) to hear details

about other investors who might be interested in our community,” Hearn said. “Some have already come forward.”

A meeting should be announced before the end of September, Hearn said, noting that some Cove residents are exploring ways to obtain high-speed Internet service through the help of county and state officials.

“Some of these ideas would not be for fiber optic cable that could serve the entire community,” he said.

“They might be satellite solutions that would work for lots near the water or that are in the open. Wooded lots have line of sight issues.”

Satellite options, for instance, might only benefit homes that hug the waterfront and are on lots that are relatively clear of trees, he said.

Cindy Welsh

The meeting later this month will probably turn into a meeting of the board of directors, Hearn said.

Annual election -- Ballots have gone out to property owners in the annual Cove association election.

There are two slots available to be filled and five candidates -- incumbent Rosemary Hall, current alternative director Dawn Wagner, incumbent director and developer representative Roger Holland, Dennis Stambaugh, and Andrew Zubko, who’s the sole candidate for the alternate position.

As has occurred since 2012, developer votes determine the outcome of board elections. With Holland assured of reelection, the only real uncertainty is which of the remaining four candidates the CCG Note will choose to support for the second position.

Hall has been supported by the developer in the last two elections, and was elected for three year terms, but Wagner has been supported with developer votes as well.

Since he is the only candidate for alternate, Zubko is assured of a seat on the board.

Results of the election will be announced at the annual meeting in q

30 Ocean Pines PROGRESS

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John Ward hearing -- A scheduled hearing at the Aug. 25 meeting on the complaint by John Ward was suspended when the property owner informed Wilder the day before the hearing that he would be unable to attend.

The complaint involves Ward’s frequent and long-standing assertion that lots resold to CCG Note or its affiliated companies by private property owners are subject to annual lot assessments.

The developer and the Cove board have maintained that the 2012 settlement agreement exempts the developer from paying these assessments, and they have a legal opinion from the HOA’s law firm that backs that up.

Hearn said that as a Cove director at the time “John was a party to that agreement” but can’t accept it.

He said he’s not certain whether the hearing will have to be rescheduled.

“That’s up to John,” Hearn said.

Carl Bartell hearing -- The scheduled hearing on Carl Bartell’s complaint also was suspended after Bartell said was unaware of a legal opinion on his issue had been posted on the Cove Web site at least a month before the scheduled meeting.

Bartell has argued that Virginia law requires the Cove to refund a portion of annual dues because the covid-19 pandemic closed some Cove amenities for a period of time.

Bartell previously had asked the Cove board to obtain a legal opinion on the issue.

The hearing didn’t continue after Bartell said he wanted to read the opinion before proceeding.

Hearn said that it’s possible the hearing won’t be rescheduled because Bartell has not been back in touch with Wilder to schedule it.

“It might be that he’s been convinced by the legal argument by our attorney,” Hearn said.

Amenity update -- The outdoor pool at the Town Center remains open this month weather permitting and subject to staffing, Hearn said.

The Marina Club restaurant and bar now can accommodate up to 75 percent capacity as a result of an easing of covid-19 restrictions, “Business has been doing well,” Hearn said, adding that there are initial efforts under way to see if some previously scheduled banquets can be rescheduled.

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September 2020 Ocean Pines PROGRESS

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OPINION

September 2020 Ocean Pines PROGRESS

33

OPA mask practices descend into absurdity

W

ith all due respect to oceanpinesforum.com commentator Joe Reynolds, whose viewpoint is published below, the Ocean Pines Association should not have made any changes in its face mask policy in the waning days of the pre-vaccine covid-19 pandemic.

Sadly, in response to an edict from the county health department, the Board of Directors caved in to political pressure. All seven directors spoke into their masks during their Sept. 9 monthly meeting, despite sitting at desks that were clearly at least six feet apart.

In response to a complaint by a single Ocean Pines resident, with Reynolds adding his two cents worth in a flurry of email to the OPA directors, OPA President Larry Perrone immediately announced that henceforth directors would be wearing masks during their indoor meetings, even while speaking.

Apparently there was a complaint to the county health department that in turn was forwarded to the OPA with a directive to social distance while wearing masks at all times.

Mask-wearing indoors has been the practice all along by directors. One director, Steve Tuttle, even wears a plastic barrier over his covered face for added protection from those nasty covid viruses that might be lurking about. That’s his choice and he’s entitled to make it.

COMMENTARY As anyone who attends these meetings or watches them on video knows, at some point these directors have to engage in dialogue.

Wearing a mask under those circumstances is not reasonable. Sound quality isn’t always the best in the rooms in which board meetings are held, and trying to talk while wearing masks degrades sound quality even more. As someone who was there tells it, Director Frank Daly sounded like he was speaking through a sweater.

Wearing a mask for two hours with no relief can be suffocating.

The desks the directors sit behind are spaced at least six feet apart, and some or all of the directors had been keeping their masks on when not talking. Even the governor isn’t wearing a mask during one of his covid press conferences, and he seems to be maintaining social distancing while issuing proclamations and answering press questions. What’s good enough for the governor ought to be good enough for the rest of us.

As for outdoor events, folks who attend these can make up their own mind about whether to wear masks. Science has determined for those with an open mind on this that the virus does not do well in sunlight. It’s probably possible for the virus to spread outside if people are in

extreme close proximity to one another, but folks attending recent outdoor events in Ocean Pines like the recent going-away parties for the former police chief generally kept their distance.

Rather than attempting to impose fear-based draconian mask-wearing practices on others, those in a certain demographic that is most susceptible to covid can choose to stay away from public events of any kind. Even grocery shopping these days need not involve entering a store.

Here’s an email sent to Perrone and the other directors by the Progress. It was a suggested alternative to Perrone’s acquiescence to the health department mandate for excessive maskwearing. This is what Perrone’s response could have been, but wasn’t. What a pity!

“We take masks off in indoor settings with social distancing in effect to inject a little sanity into what has largely been an overwrought, non-scientific and illogical response to the corona pandemic. Implicit in our more measured practice is recognition that Heinrich Hogan is not a dictator (though he plays one on TV) and therefore his edicts are essentially unenforceable suggestions.”

Perrone must have felt he had little choice but to respond as he has to the bubushkas in our midst who seem to have nothing better to do than to tattle on the OPA to apparatchiks in the county health department. - Tom Stauss

GUEST COMMENTARY

OPA, covid, and masks oceanpinesforum.com n Sept. 3, the OPA announced a second Aquatics employee tested positive for the Covid-19 virus. As with the first case, OPA refuses to tell association members what pool or pools the employee was stationed. OPA cites employee privacy, and assures us with, “We understand that the employee had no close contact with residents and minimal contact with other employees.”

“We understand” is not very reassuring with a disease that can kill you in a community with a large number of older individuals.

At the bottom of OPA news releases about covid-19, one finds the following: “We continue to stress the need to practice sound hygiene by frequently washing hands thoroughly, maintaining 6 feet of separation between others, and wearing masks when indoors or social distancing is not possible.”

The part about wearing masks is of some interest. Association member Laura Whitaker noticed that board members were not all wearing masks during board meetings. She wrote an email to the Board of Directors and asked why board members were not wearing masks.

“I actually emailed my concern to them, but

O

instead of addressing the issue, they blew me off and said their lawyer advised them it was ok to not wear a mask,” she wrote on OceanPinesForum.com. “It really isn’t ok. For their safety and the public participants. It’s even on the Ocean Pines website.”

An email inquiry to the Board of Directors about Whitaker’s claim brought the following response from OPA President Larry Perrone: “We did not ‘blow her off.’ She was advised we were wearing masks into our meetings and once seated 6 feet apart they were removed. We have since received a notice from the county advising us of a complaint being made. We will be wearing masks even while social distancing going forward.”

All board members apparently received a copy of Whitaker’s original email, but whoever responded to Whitaker did not copy other board members. A reasonable assumption is Perrone responded. We do not know if OPA was provided a legal opinion on masks. Two board members say they know nothing of any such legal opinion.

OPA needs new policy in place that does not allow any director to respond to emails sent to directors@oceanpines.org without copying all other directors. More importantly, aside from issues allowed to be kept private under the

Maryland HOA Act, all board emails should be available to the membership as they are a part of OPA’s “books and records.”

Further compounding the issue of masks in OPA buildings, OPA has held one or more event where elected officials, and attendees were without the required maks and in very close proximity to each other. We know this is the case as OPA provided photographs of the events.

There is no doubt some individuals oppose mandated wearing of masks. That is a political issue. The issue here is not political.

OPA, as an entity, and all board members, and all employees, and all visitors to any OPA building accessible to the public are required at this time to wear a mask.

OPA as an entity must enforce mask requirements.

This is surely true in light of the Worcester County Health Department recent reporting that the county’s positivity rate for covid-19 tests of county residents is now triple the state positivity rate!

Current Maryland mask regulations mandate that everyone older than five must wear masks inside all public buildings, including restaurants, houses of worship, gyms, casinos, stores and q

By JOE REYNOLDS

34 Ocean Pines PROGRESS

OPINION

September 2020

Succession plan gives Colby Phillips a boost

T

hose who like to read the tea leaves in Ocean Pines, hidden nuances between the lines, or the rest of the story as the late Paul Harvey used to say can be forgiven if they missed the significance of a draft general manager succession plan introduced by Director Frank Daly at the Sept. 9 monthly meeting of the Board of Directors.

The plan was drafted by Daly with the assistance of directors Colette Horn and Camilla Rogers. Unless changed by the directors before its official acceptance -- and that’s always possible, though not likely -- then it’s clear that prospects for Colby Phillips, the OPA’s current amenities and logistical operations director, as an eventual successor to John Viola have been given a boost.

Daly’s contribution to the succession plan is a reason why he should run for reelection to the board next year and should be rewarded with another three years.

Daly’s draft includes two provisions of note. One would remove the requirement that a future GM must have a college degree and the other specifies that a Viola successor should have demonstrated contacts with and ability to work constructively with Worcester County officials.

Among current OPA department heads, Colby Phillips has working effectively with the county in her wheelhouse. Public Works Director Eddie Wells does, too, and pointing out the effectiveness of one does not diminish the effectiveness of the other.

Clearly both have contributed to the success of the OPA’s grant application for Bainbridge Park drainage improvements. Ocean Pines’ two county commissioners have lauded both in their efforts to secure state grant funding for phased drainage

Guest commentary From Page 33

office buildings. Masks must also be worn outside when people are not six feet apart. Ocean City mandates masks must be worn on the boardwalk at all times.

Rather than Perrone just saying masks will be worn going forward, the only proper response for all involved is, “We used bad judgment, made a mistake, and this will not happen again.”

ry. Covid has been a challenge, to be sure, but Viola’s rapid response to the pandemic by jumping on the An excursion through the curious cul-de-sacs An excursion through theby-ways curious and by-ways and cul-de-sacs availability of federal payroll protecof Worcester County’s County’s most densely community. of Worcester mostpopulated densely populated community. tion program funds saved the OPA’s

By TOM STAUSS/

By TOM Publisher STAUSS/Publisher finances from dire circumstances.

Because of that timely intervention, improvements. Phillips’s efforts ganizational meeting. have involved the grant application Since Rogers denied vehemently the OPA after the first quarter of process, while Wells has focused any untoward influence in her vote the 2020-21 fiscal year is sitting on more on the technical details of for Larry Perrone over that of Steve an operating surplus that is close to engineering effective solutions to Tuttle, Janasek was in no position to $1 million.

It won’t last, most likely, as the stormwater issues. press ahead on this issue during the OPA enters the colder months of Judging by her detailed presenta- public portion of the Aug. 17 special the year when department budgets tion on the 9th, including graphics meeting. don’t always meet expectations. that illustrate the complexity of the There was a text message from Even so, the $1 million surplus ofinitial phase, she has mastered all Rogers to a friend of hers that fers a lot of cushion for error for the this technical detail and is as con- seemed to suggest some influence rest of the fi scal year. versant in the details as anyone by Viola in her decision, but it was It turns out that the closed porcould be. open to interpretation and therefore tion of the Aug. 17 special meeting This proves rather conclusively inconclusive. didn’t involve a discussion of any that lack of a college degree need not Janasek of course was not privy allegations regarding Viola or his be an impediment to effective lead- to the conversation between Viola job performance, more evidence that ership on an important community and Rogers -- no one was except the Rogers’ theory of the case was interissue. She clearly has the computer, principles -- making it virtually imesting but in the end unfounded. graphics and literary skills neces- possible for allegations of impropriThe closed session was essentialsary for drafting professional-look- ety to stick. ly an opportunity for directors to ing reports that included all the relRogers made the allegation during question or opine on certain behavevant information. the meeting that she thought there iors of other directors, not the “perRumor has it that she also has was an effort afoot among some disonnel matters” that justifi ed going drafted a strategic plan for Ocean rectors -- she didn’t name them -- to into closed session in the first place.

Pines, not yet shared with the Board “squeeze out” Viola as GM. of Directors or shared with the comIt was a “theory of the case” that munity. No doubt it’s coming. had a fatal flaw; it lacked any supDaly’s inclusion of these two pro- porting evidence, even less than visions in the draft succession plan Janasek’s allegation that Viola’s indoesn’t guarantee that Colby Phil- teraction with Rogers on the eve of lips will be the next OPA General the vote for president was improper.

Manager.

The theory of a pending squeeze The Ocean Pines Progress, a journal Nothing can or should this far out play was effectively demolished by of news and commentary, is pubfrom a vacancy actually occurring. comments from Steve Tuttle, who lished monthly throughout the year.

It’s not at all clear at this point in in the public portion of the meeting It is circulated in Ocean Pines, Bertime whether Viola will want to ex- offered his full support for Viola, lin, Ocean City, and Captain’s Cove, tend his contract beyond its sched- saying he had worked well with the Va. uled expiration in June of 2022. He GM for 18 months and could do so might or might not. for another 18 months.

127 Nottingham Lane But whenever he decides to hang Conveniently, Tuttle seemed to be Ocean Pines, MD 21811 it up -- and no one should be exerting suggesting that his willingness to any pressure in this regard -- then work with Viola would last through PUBLISHER/EDITOR Colby Phillips is well positioned to the current contract, perhaps sigTom Stauss step up. naling that he thinks Viola should stausstom@gmail.com Viola’s standing with the board hang it up in June of 2022.

443-359-7527 seemed like it might be in some perPerhaps that’s the story behind il before and during a special Aug. the story of the Aug. 17 special Advertising Sales 17 meeting of the board, and the vid- meeting. There’s no real support for Frank Bottone eo of the meeting meets the hype of an early departure of Viola from his 410-430-3660 board meetings in previous decades post as the OPA’s chief executive as “the best show in town.” officer. Janasek might not be a fan CONTRIBUTING WRITERS In turns out that Viola’s stand- -- that much has been evident in Rota Knott ing with the board never was in any recent months -- but neither he nor InkwellMedia@comcast.net serious jeopardy, notwithstanding anyone else on the board can make a 443-880-3953 comments from one director, Tom case for why Viola shouldn’t stay in Janasek, questioning the propriety his position for as long as he wants.

Susan Canfora myboyruss@earthlink.net of Viola meeting with Camilla RogThe OPA is being effectively man410-208-8721 ers on the eve of the vote for OPA aged right now, perhaps better now president in last month’s board or- than any time in its 50-year histo-

LIFE IN THE LIFE INPINES THE PINES

September 2020 Ocean Pines PROGRESS

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36 Ocean Pines PROGRESS September 2020

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