September 2021 Ocean Pines Progress by Ocean Pines Progress

September 2021

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THE OCEAN PINES JOURNAL OF NEWS & COMMENTARY

COVER STORY

Court urges OPA to count all votes in board election Restraining order lifted; trial date ‘on the merits’ set for Sept. 27

By TOM STAUSS Publisher he counting of ballots in the 2021 Board of Directors election in Ocean Pines was on hold for much of August, the result of a temporary restraining order issued by Circuit Court Judge Beau Oglesby on Aug. 10 and extended on Aug. 19 until the end of the month, Aug. 30. That was the date that the court was scheduled to consider a request by Bruce Bright, the Ocean City attorney representing Richard Farr, a candidate in this summer’s OPA election, to convert the preliminary restraining order into a preliminary injunction that would have had the effect of continuing to put the counting of ballots on hold. Farr had been disqualified as a candidate in the election two weeks prior to the scheduled vote count earlier in August by OPA Secretary Camilla Rogers. Farr sued to overturn that decision. A retired visting judge from Talbot County, Sidney Campen, delivered procedural wins for both sides at the Aug. 30 hearing. He rejected a motion by OPA’s attorney, Anthony D. Dwyer, to dismiss the case and render a judgment in favor of the Board of Directors. But he also rejected the plaintiff’s motion to issue a preliminary injunction, which had the effect of allowing a vote count to proceed, with a strong suggestion that the Board of Directors “do the right thing for the community” and count the votes of all four candidates

in the contest, including those of Farr. But that’s essentially a decision for the Board of Directors to make, or perhaps the Elections Committee, as the judge did not order that Farr’s votes be counted. Campen set Sept. 27 as the date for a full trial on the merits, but he encouraged attorneys for both Farr and the OPA to work out an an agreement that might Richard Farr eliminate the need for it. He complimented both attorneys in the presentation of their cases. Bright, of the Ocean City law firm Ayres, Gordy Jenkins and Almand, called Farr and Rogers to the stand during the Aug. 30 hearing. OPA President Larry Perrone also testified. Dwyer, of the Eccleston & Wolf law firm in Fairfax, Va., Camilla Rogers plied the witnesses with questions on cross examination. He was the attorney hired by the OPA’s insurance company to handle the case on behalf of the OPA board. To Page 3

Atlantic General breaking ground on new med building

The prospect of robust, new competition in the local medical services arena has launched with the scheduled groundbreaking of the new 53,000 square foot Atlantic General Hospital Gudelski Family Medical Center on the afternoon of Tuesday, Aug. 31, on site at a 30-acre campus on Route 589, adjacent to the Sherwood Forest (Section 10) area of South Ocean Pines. With completion estimated for Spring of 2023, the new building will increase the Berlin hospital’s footprint in the local area. ~ Page 12

Committee ponders proposed changes to OPA by-laws

The By-laws and Resolutions Advisory Committee has been reviewing proposed changes to the Ocean Pines Association by-laws under consideration by a Board of Directors working group chaired by Director Doug Parks and has endorsed some but not all of them. ~ Page 18

GM hoping for action on t-docks, pickleball courts

General Manager John Viola said recently that OPA President Larry Perrone intends to call for a board meeting in September if a court case enjoining the counting of ballots is still pending at that time. At the top of Viola’s agenda: Board votes on proposals to approve six new temporary-use boat slips at the Yacht Club and four new pickleball courts at the Manklin Meadows racquet complex in South Ocean Pines. Both capital items have been on the radar for many months. ~ Page 21 `

2 Ocean Pines PROGRESS September 2021

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COVER STORY From Page 1 There didn’t appear to be any revelations in the testimony of Farr, Rogers or Perrone, which began at 11 a.m., was interrupted by a short break, a 45-minute lunch break, and another matter that Judge Campen had to shoehorn into his court docket for the day. Closing arguments concluded around 5 p.m. The issue before the court was brought into focus when Farr, under cross examination, conceded that there there is no document that definitively lists him as owner of record of a home on Birds Nest Drive in Ocean Pines as of Jan. 1 of this year. That’s the date when ownership must be established to qualify a property owner as a candidate in an annual OPA election. Bright quickly responded that the lack of such a document doesn’t mean that Farr was not an owner of record on Jan. 1. That’s the crux of the issue the court was being asked to decide, Bright said. The dispute is whether Rogers

acted properly and legally in disqualifying Farr as a candidate in this summer’s election in an extraordinary decision two weeks prior to the vote count. The Board of Directors in two special meetings essentially ratified Rogers’s decision by voting to continue with the election with Farr’s vote count excluded. Farr’s candidacy had been vetted in the spring by Rogers and he had been deemed a legal candidate in conformity with timelines established in the Ocean Pines Association by-laws. The OPA argument is that Farr on Jan 1 of this year was not a trustee of the family trust that holds title to the Ocean Pines home where Farr is a full-time resident but a trust beneficiary, which at least two trust attorneys told Rogers does not convey or prove ownership. The first meeting in which Farr’s candidacy was considered by the board occurred July 30, when the directors voted 5-1 with one abstention to continue with the election with Farr’s votes excluded from the count. Director Tom Janasek was

Mr. Farr and his sister, Lisa Marie (Farr) Donahue, as well as copies of pertinent Trust instruments for the “Farr Living Trust” (“the Trust”). I assume you have been copied with all of that,” he wrote. Bright told the board that “the letter from attorney Pagnotta and the Trust instrument establish that: 1) Mr. Farr is (and has always been) a beneficiary of the Trust; 2) Mr. Farr resides (and has since 2019 resided) at 21 Bird Nest Drive (“the Property”); 3) Mr. Farr is presently a Trustee (with his sister) of the Trust; 4) the Property is and has for many years been titled in the Trust; and 5) before becoming a co-Trustee upon the death of his mother, Mr. Farr was for many years a formally named and designated successor trustee under the express terms of the Trust instrument(s). “Additionally, Mr. Farr has for some years been the caretaker of the Property in all material respects and has been personally paying OPA dues for the Property since 2019,” Bright said. He then delivered the essence of To Page 5

the dissenter and Director Frank Daly, a candidate for reelection, abstained. Early in that meeting, OPA President Larry Perrone said that Farr couldn’t speak at the meeting because he was not a property owner. This was shortly determined by OPA Counsel Jeremy Tucker to be in error and Farr was allowed to speak on behalf of his eligibility as a candidate. Tucker determined after reviewing documents supplied by Tucker’s trust attorney that Tucker became a trustee of a family trust on May 1 on the death of his mother. Prior to that he was a named successor trustee and beneficiary in the trust that owns the Ocean Pines home in which he resides. Within days of the board making its decision in the July 30 special meeting, Bright sent a letter to the OPA Board via Tucker outlining Farr’s legal position respecting his right to continue as a candidate. “My understanding is that, on or about July 29, 2021, the Board was provided a letter from Alexander M. Pagnotta, Esq., as co-signed by

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COVER STORY Farr vs. OPA From Page 3 his legal argument, essentially saying that it doesn’t matter whether Farr was a trustee or trust beneficiary on Jan. 1. “The Ocean Pines Charter and Declarations (including the Declaration for Section 6, in which my client’s Property is located) expressly recognize equitable ownership (as well as legal ownership) as constituting “ownership” for purposes of OPA membership and therefore qualification to serve as a Director and become a candidate for that office,” he said. Bright added that Maryland law has long recognized Trust beneficiaries as having a beneficial/equitable ownership interest in property forming the Trust corpus. Bright included a number of Maryland court cases backing his contentions, and also cited OPA bylaws, sections 1.07, 2.02, 5.02; OPA Charter Article Sixth, §1; Section 6 Declaration, §3.A. and §12.A. When Bright’s letter failed to

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September 2021 Ocean Pines PROGRESS 5 dislodge the board from its position supporting Farr’s removal as a candidate, Farr authorized Bright to draw up court papers challenging his disqualification. The Board conducted a special meeting Aug. 9 in which a motion was offered by Parks to rescind the action at the July 30 meeting removing Farr from the vote count. Parks did not attend the meeting because of the death of his mother the day before. In his absence, the motion was read into the record by Janasek. The motion to rescind previous board action on this issue failed 2-3 with one abstention. Had Parks been there to vote on the motion he had prepared, it still would have failed, this time in a 3-3 tie. Voting in favor of the motion were directors Janasek and Rogers, with Perrone, Horn and Brown in favor and Daly abstaining. Another Parks’s motion to restart the election with “eligible” candidates included on the ballot was ruled out of order by Tucker. It was not clear whether the restart would

have included Farr on the ballot, or just the other three. After this special meeting, the board met in closed session with no announcement to the membership, presumably to discuss the way forward since shortly before the meeting the OPA had been formally served notice of Farr’s lawsuit, which was seeking an injunction to put a halt to the election pending adjudication of the eligibility issue. In a brief discussion with the Progress after the open session, Tucker seemed to recognize under Maryland law the legitimacy of a trust beneficiary as an owner of property in Ocean Pines. But he then suggested other language in OPA governing documents that specify a candidate must be an “owner of record” as of Jan. 1 to be a candidate for the Board, as if there might be some sort of distinction between an “owner of record” and an ownership by virtue of being a trust beneficiary. That essentially was the argument that Farr and his attorney won in the initial skirmish in the legal

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battle, when Judge Oglesby issued his temporary restraining order the following day. He called their case “facially meritorious” in his ruling. Judge Oglesby said that “the Court finds that, in the absence of immediate injunctive relief as set forth herein, harm may result to the integrity of the election results that will be irreparable.” He said if “the election proceeds unabated during the pendency of this case, by the time the issues in this case (which the Court finds to be facially meritorious) have been fully and finally adjudicated, and in the event Plaintiff’s claims are sustained or partly sustained, the election results will have already been certified and publicly announced. He added that “votes for Plaintiff will not have been counted or included in the vote count, voters having cast vote for Plaintiff will have been disenfranchised, and purportedly elected candidates other than Plaintiff will have been already confirmed as Board members and perhaps Officers.”

6 Ocean Pines PROGRESS September 2021

OPA ELECTION

ELECTION BRIEFS

Panel to discuss early days of Ocean Pines history

s part of Worcester County History Week, Ocean Pines will host a live “History Panel” discussion about the early days of the community, on Sunday, Oct. 10, from 2-4 p.m. at the Community Center. Guest speakers are scheduled to include longtime Ocean Pines residents Sue Adkins, Jack Barnes, Sharyn O’Hare, Gloria Richards, Alta Weiss, and Ed Moran. Richards and Weiss were the first two editors of the OPA newsletter. The event, organized by the Ocean Pines Public Relations Department, will expand upon the history section of the Ocean Pines Academy, a virtual, self-paced civic education course about the Association. Jenny Cropper Rines, who previously chaired the 50th Anniversary Committee, will moderate the panel discussion. “We hosted a similar panel as part of the year-long 50th anniversary celebration and it was very well received. However, there was no video of that event and several of our key speakers have since passed away,” she said. “With this new history panel, we hope to give the live audience an informative view of the early history of Ocean Pines, from our guest speakers, but also allow them to interact and ask questions.” For those who cannot attend, the History Panel will be recorded and will become a permanent part of the Ocean Pines Academy. The Public Relations Department also recently produced a new Academy video, “Early History of Ocean Pines, with Marlene Ott and John Talbott.” Ott and Talbott were involved in the real estate business when the community was first developed by Boise Cascade in the late 1960s. The video is available on the OPA Website.

Daly, Brown terms extended

One by-product of the hold on the OPA election is that the terms of Frank Daly, who’s a candidate for reelection, and Frank Brown, who was expecting to leave the board when his term expired on or about the Aug. 13 annual meeting, have been extended until such time as their successors are certified. There’s a provision in state law that seems to extend board terms to whenever replacement directors are certified, but OPA by-laws are somewhat conflicted, setting forth two conditions for board service: a three-year term and election of a duly elected and certified replacement. In the case of Daly and Brown, both conditions have not met and both are serving terms longer than three years, Brown serving the final year of a director who resigned from the board, Steve Tuttle.

Perrone cuts annual meeting short

Citing the lack of a quorum, OPA President Larry Perrone unilaterally declared the annual meeting of the Ocean Pines Association adjourned after Marie Gilmore was recognized as the 2021 Volunteer of the Year in a moving tribute by Parks and Recreation Director Debbie Donahue. The recognition was more or less official business of the OPA, it would seem, but maybe not? Perrone asked Elections Committee Chair Steve Habeger whether there was a quorum of 100 OPA members in the room, and when Habeger said there wasn’t, Perrone abruptly shut the meeting down. Reports by the general manager, legal counsel and auditor were therefore not delivered, and the traditional members forum, in which OPA members can raise any issue of their choosing, also was shut down. To Page 8

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September 2021 Ocean Pines PROGRESS 7

Coming in FALL INDOOR/OUTDOOR FLEA MARKET

September FALL T-BALL

Sep 11 | 8am-Noon Community Center | Rain or Shine! Shop for gently used clothing, household items, toys, collectibles & more. Free event - open to the public! Vendor spaces are available: outdoor $12 OP residents, $15 public; indoor $15 OP residents, $20 public. Info: 410-641-7052

Saturdays Sep 11-Oct 16 | 10am-Noon Manklin Meadows Ballfield $40 OP Residents $50 Public For ages 4-6. All skill levels are welcome for this fun instructional league. Helmets provided - bring a glove! Info: 410-641-7052

Sports Core Pool Reopens Sept. 7!

in Ocean Pines!

NEW! DROP-IN WATER AEROBICS Tuesdays & Thursdays Sep 7-Oct 14 | 5:15-6pm Sports Core Pool $5 OP Swim Members $6 OP Residents | $7 Public Drop in for a self-paced aerobic workout. We'll provide the music you bring the moves! This is a self-led class (no instructors). Info: 410-641-5255

AQUA YOGA Wednesdays & Fridays Sep 8-Oct 15 | Sports Core Pool 7:20-7:50am $40 OP Swim Members $47 OP Residents | $57 Public OR 8-8:45am $60 OP Swim Members $70 OP Residents | $86 Public This low-impact class improves strength, flexibility & range of motion. Drop-ins also available! Info: 410-641-5255

TENNIS 101 'PUP OF THE PINES' PHOTO CONTEST Sep 11-Oct 15 $5 entry fee Enter your furry friend in this fun contest - the winner will represent the Ocean Pines Dog Park in 2022! Info: 410-641-7052

BIG TRUCK DAY

Wednesdays | 9-10am Sep 15, 22, 29 Oct 6, 20, 27 Ocean Pines Racquet Center $15 per session For ages 18+. Learn a new skill or improve a stroke or shot you're currently using. Info: optennistraining@gmail.com

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Sep 18 | 10am-2pm Veterans Memorial Park FREE event! Fun for all ages! Fire trucks, dump trucks, tow trucks, tractors & more. Food available for purchase. Info: 410-641-7052

Email: info@oceanpines.org info f @oceanpines.org fo r rg Call: 410-641-7717 (410-641-7747 after aft af fterr hours) hours r ) rs

8 Ocean Pines PROGRESS September 2021

OPA ELECTION

ELECTION BRIEFS From Page 6 Summaries of the annual audit report were available on a table near the entrance to the room. After the meeting, Perrone stuck to his position that no meeting was required because no quorum -- 100 OPA members -- was present, giving no credence to the fact that in two of the previous three years, no quorum was present and the meetings were conducted anyway. In the other year, a quorum was established later in the meeting when a late-comer showed up. When no quorum is present, OPA attorneys over the decades have advised that no official business can be conducted but that reports and even election results can be announced, but not certified. OPA rules say that if there’s a lack of a quorum at an annual meeting, election results can be certified by a board majority in a special meeting.

Former director blames Farr for election snafu

Former OPA Director Cheryl Jacobs took a side against the candidacy of Rick Farr in this summer’s delayed election, contending in an Aug. 9 special meeting that it was Farr who erred in the way he filled out the application to be a board candidate this spring. Was that a fair criticism of Farr? His supporters say not, suggesting that Jacobs seemed unaware that the application form has no question that asks a candidate whether he or she owns property by virtue of a family trust. They also say Jacobs seemed oblivious to what should be apparent: He believes he is qualified to run and is even willing to go to court to argue his legitimacy as a candidate. OPA Secretary Camilla Rogers took a somewhat softer tone than Jacobs during the meeting, mentioning that Farr had recently told her that the form needs to be improved so it’s easier to certify a property owner’s right to be a candidate.

Rogers also expressed regret for her decision to disqualify Farr as a candidate two weeks prior to the scheduled vote count, urging him to run again for the board in next summer’s election.

Habeger corrects Rogers on election position

The Aug. 9 special meeting was called to consider two motions offered by OPA Director Doug Parks, the first one specifically calling for a reversal of a previous board decision ordering the Elections Committee to proceed with a vote count excluding the vote totals of Rick Farr. Secretary Camilla Rogers, who had made the decision to disqualify Farr as a candidate that was more or less ratified by a board majority, twice during the meeting said that she was representing the views of the Elections Committee in supporting Parks’s motion to reverse the earlier vote. Both times, committee chair Steve Habeger rose to say that the committee had taken no position on the Parks’ motion. Habeger in effect said that the committee had taken no position one way or the other, at one point saying that he was waiting with “bated breath” for the board’s decision. Parks’s motion failed, 2-3, with one abstention, with Parks absent because of a death in his family.

Ballots under heightened security protocols

Curious about where the ballots in this summer’s delayed election are being stored? The judge in the case in which Rick Farr’s legitimacy as a candidate is being litigated said in his temporary injunction halting the vote count that both side should refrain from making any statements about the whereabouts of the ballots or what kind of security is in place to prevent any kind of ballot tampering. But it’s no secret that the ballots are kept in a locked safe in the Berlin offices of contractor Tom Gulyas, whose Ace Printing and Mailing has been handling the printing, mailing and opening of ballots for almost 20 years.

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September 2021 Ocean Pines PROGRESS 9

10 Ocean Pines PROGRESS September 2021

OPA ELECTION

Trendic says Roberts Rules requires count of all ballots

ormer Ocean Pines Association Director Slobodan Trendic in a recent note to the Board of Directors suggested that even if the candidacy of Rick Farr had been properly disqualified by Secretary Camiila Rogers -- that issue is currently tied up in court -- his votes should have been counted and disclosed to the OPA membership. “The issues surrounding our election this year are unfortunate for all parties involved. We can all agree that the integrity of our election is the most important. I hope we can also agree that counting every vote and how the result of the count is reported are two separate actions,” Trendic’s note began. Trendic said OPA by-laws state that “the board shall use Robert’s Rules of Order when conducting its business.” He asked the board to review the text of Robert’s Rules, Article VIII, Section 46, on voting, to determine whether Roberts Rules were followed in the case a person deemed ineligible is on the ballot. The provision says that “votes for ineligible persons and fraudulent votes should be reported under the heading of “Illegal Votes,” after the legal votes. When two or three filled-out ballots are folded together they are counted as one fraudulent vote. The names of the candidates should be arranged in order, the one receiving the highest number of legal votes being first. “In reporting the number of votes cast and the number necessary for election, all votes except blanks must be counted,” the provision reads, with a format given on how the votes should be presented. Trendic asked for a board response to his note. None was forthcoming. “Disappointing,” Trendic said later.

Kiwanis donation

Every year, the Kiwanis Club of Greater Ocean Pines,- Ocean City donates to the Worcester GOLD School Supplies for Students program. Again, on Aug. 20, Kiwanis member and Kiwanis liaison to GOLD for all the club’s donations,Jim Spicknall, delivered the goods. Pictured (L-R) GOLD’s Program Coordinator Taylor Cardy, GOLD Executive Director Nicholas Cranford and Spicknall holding some of the supplies and backpacks. GOLD. (Giving Other Lives Dignity) is still looking for donations. To donate, call 410-677-6830, visit www.WorcesterGOLD.org or email WorcesterGOLD@gmail.org for more information or to arrange dropping off donations.

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12 Ocean Pines PROGRESS September 2021

Atlantic General breaking ground on Rt. 589 medical building Completion 0f 53,000 square foot facility estimated for spring of 2023

By TOM STAUSS Publisher he prospect of robust, new competition in the local medical services arena has launched with the scheduled groundbreaking of the new 53,000 square foot Atlan-

tic General Hospital Gudelski Family Medical Center on the afternoon of Tuesday, Aug. 31, on site at a 30acre campus on Route 589, adjacent to the Sherwood Forest (Section 10) area of South Ocean Pines. With completion estimated for

Spring of 2023, the new building will increase the Berlin hospital’s footprint in the local area and position AGH to better compete with the medical complex operated near the Ocean Pines North Gate by Peninsula General Regional Medical Cen-

Exterior rendering of the planned Atlantic General Hospital Gudelski medical building on Route 589 near Ocean Pines.

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OCEAN PINES ter, based in Salisbury. The new AGH medical center will be located on property once controlled by local developer Jack Burbage, a past chairman of the AGH Board of Directors and whose name is affixed to a cancer treatment center located adjacent to AGH in Berlin. He played an important role in the campaign that raised funds needed to build the center center and other AGH improvement projects. Burbage sold the Rt. 589 property to Sina Companies, a medical real estate developer based in Palm Beach Gardens, Fla., several years ago. Sina in turn will be leasing the building once it’s complete to AGH. Sina hired Array Architects of Conshohocken, Pa., to design the building and GGA Construction of Middletown, De., to build it. Both companies have extensive experience in the design and construction of medical buildings. According to an AGH press release, Sina has developed seven million square feet of healthcare properties throughout the country and has another 1.5 million square feet, representing projects in over 34 states. The 30-acre campus on Route 589 will be shared with other planned developments, Thrive at Ocean Pines, a fully integrated retirement community, and a retail/commercial component, details of which have not yet been disclosed. There is no indication that the developers intend to request annexation into the nearby Ocean Pines community. An informed source told the Progress that the county and State Highway Administration, as they usually do with new development, will be requiring road improvements to Route 589, which means at minimum that turn lanes and perhaps added travel lanes will be part of the project. The informed source said that “definitely” there will be a stop light added to Rt. 589 in that location. The building will bear the name of the Gudelski Family Trust, which donated $4 million towards the Atlantic General’s Campaign for the Future in 2019. The new medical center will be the first multi-specialty ambulatory surgery facility (ASF) in Worcester County, providing outpatient surgical services to residents of the lower Eastern Shore of Maryland, SouthTo Page 14

September 2021 Ocean Pines PROGRESS 13

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From Page 12 ern Delaware and coastal Virginia. At the heart of this project is the objective of improving the efficiency and effectiveness of organized outpatient care for the communities served by AGH, in the most cost efficient and appropriate setting. Currently, outpatient health and medical services are not located in one centralized facility as is the case for the hospital’s inpatient services. Patients, particularly elderly patients, must travel to multiple disparate locations throughout the county and in some cases outside the county to obtain basic primary care and related outpatient services. AGH itself owns and operates 21 outpatient service outlets in the service area, including physician offices

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and clinics, and patients bear significant costs associated with their separate and uncoordinated operations. The new building, according to an AGH press release, will allow patients to experience “one-stop” access to available outpatient services under one roof. AGH has provided medical care, including both inpatient and outpatient surgical procedures, to residents and visitors of Worcester County and the surrounding region, since 1993. During this time, the population has increased significantly, compounding the need for a new facility that has been brought about by changes in the way healthcare is delivered. “This population, and the needed primary care providers to support them, require more ready access to

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facilities that are designed to better address geriatric care and specialized care in the areas of pain management, urgent care, pharmacy care, endoscopy, and other surgical procedures that do not require a visit to a more complex setting such as a hospital,” according to the press release. “A new facility in Ocean Pines will help ensure that this community and the others served by AGH continue to receive the very best in convenient, local healthcare,” according to the press “There is increasing concern by surgeons and leadership over the undersized and aging OR suites, adequacy of the OR capacity to support future growth, and an evolving trend by third party payers to require procedures be performed in less costly centers outside of hospitals,” the press released added. AGH is planning a renovation in the surgical suites located inside the hospital, with the intent to remain within an expanded footprint in the current location. Because of limitations of the footprint in the hospital, AGH has been unsuccessful in expanding four OR rooms at the recommended square footage for the complex surgery performed today. Currently, all ORs are less than 400 square feet, which is the minimum standard for basic surgery. For complex surgery, the recommendations is greater than 600 square foot. AGH will close three of its exist-

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ing procedure rooms and one of its existing operating rooms, as a number of surgical cases that were once conducted in the hospital are “shifted” to the new Ocean Pines medical center. The net result is an increase in one operating room between the two facilities, and no change in the number of procedure rooms. Priority Partners patients are often denied coverage by their insurers for services at rate-regulated hospitals, so this new facility will open access in the local community for these patients to receive outpatient surgery and screenings. The new medical center will provide the same access to the uninsured/underinsured as patients have available at AGH. The same financial assistance policy at the new facility will be the same utilized at AGH. It will provide medically necessary services without charge or at a reduced cost to all eligible patients who lack healthcare coverage or whose healthcare coverage does not pay the full cost of their services. The intent is to ensure access to AGH/HS services regardless of an individual’s ability to pay, and to provide those services on a charitable basis to qualified indigent persons consistent with AGH policy. Once open, the new building will result in the hiring of 18 additional doctors, nurses and allied allied health professionals plus other support staff, according to the press release The new medical center will house specialty care, lab, radiology and pharmacy services. Community access to comprehensive surgical care will increase, along with increased access to specialty medical care providers, ancillary healthcare services, such as a pharmacy. Physicians will no longer be required to send local patients who require surgical care that can be performed in an ambulatory surgery facility to facilities in other communities. The $4 million Gudelski family gift was 25 percent of the $12 million Campaign for the Future It enabled AGH to complete $35 million in five major capital projects including the construction of the Burbage Cancer Center, the Women’s Health Center in West Ocean City and a complete renovation of the second floor ICU area at AGH.

September 2021 Ocean Pines PROGRESS 15

SUPPORT/GET TO KNOW YOUR LOCAL PHARMACY To Our Community: I, Ray Patel and my wife Arti, have owned Coastal Drug Pharmacy since 2014. We moved our family from Hanover, Md., to Berlin, Md., full time in 2013. We now have 3 boys, Dev (7), Veer (3) and Avi (1). In 2017, we moved our pharmacy from the James G. Barrett Building in Berlin near AGH to the South Gate entrance of Ocean Pines in the old Walgreens/Happy Harrys building. As many people know, owning and growing a business in not easy. We at Coastal Drug have been blessed to have the support of our community and many loyal customers. I would like to welcome anyone who is not using us by sharing FACTS about our pharmacy, Coastal Drug, compared to Big Box pharmacies. We now are the only independent pharmacy in Worcester county. Many people think small pharmacies like us can't compete with big box store pharmacies or that we don't accept all insurance. That statement is far from the truth. Please consider these facts and become part of the Coastal Drug family.

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than eight over-the-counter meds, it's good to have this. Just one touch to access all your pills. FACT #6 We bill Medicare for your walker or wheelchair. Why pay $200 or $300 out of pocket? Let us work with your doctor and get it for you for FREE. FACT #7 If you decide to change to Coastal Drug, all we need is your name and date of birth. We will call your pharmacy and get all your meds transferred to Coastal Drug. It's as easy as that. Please call our pharmacy with any questions or stop in the store. Feel free to ask for Ray Or Arti. Also flu season is around the corner. Call and put yourself on our list. We would love to be your choice of pharmacy and for immunizations as well.

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OCEAN PINES

Strategic plan committee close to sending out member survey Question about Route 589 sports complex rejected

January 1st By TOM STAUSS tors election is decided, the Strate- funded by the Board of Directors thru January 18th. We will Publisher gic Planning Advisory Committee at its scheduled Sept. 15 meeting open ompromising January 19th.a previous 4-4 tie agreed in an Aug. 26 meeting to re- and the board doesn’t decide to mi-

in whether to send out out a property owner survey before or after the 2021 Board of Direc-

lease the survey to all property owners no later than Oct. 1. That assumes that the survey is

cro-manage the survey by adding or deleting questions. The survey is an important com-

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ponent in the development of a strategic plan to replace the out-ofdate iteration that is gathering dust somewhere. “The survey will tell us what [property owners} want” in the future for their community, co-chair Bernie McGorry said. The decision by the board seems after-the-fact, as the Survey Monkey software that the committee is using to do trials runs of the survey has already been purchased by the OPA under the General Manager’s spending authority. Board action on Sept. 15 would give the board’s imprimatur on the survey, however, and might encourage some property owners to take it more seriously. At previous meetings, the committee grappled with the release date, with some members contending that sending out the survey while the election remained unsettled would put some OPA members in a sour mood and unwilling to fill it out honestly or at all. Before the Aug. 26 meeting, the committee was divided 4-4 on whether to wait. The committee’s board liaison, Collette Horn, told members that there will always be some OPA members unhappy with board actions. Initially saying he favored a delay in sending out the survey, McGorry proposed a compromise for late September, which would give the committee sufficient time to whittle down the survey to make it even less burdensome for an OPA member to fill out. It would also give the board time to weigh in on whether it agrees with it as drafted. One question that apparently won’t make the cut would have asked property owners their views on the proposed county sports complex at the northern terminus of Route 589. Member Gary Miller said it could be phrased in the context of traffic concerns, with Horn saying that Miller’s proposed question was “leading.” After discussion, the committee agreed that there would be no question about the sports complex but there might be a more general question about Rt. 589 traffic. McGorry said the sports complex issue could always be revisited one last time before the survey is finalized. In addition to an on-line Survey Money questionnaire, a hard copy of it will be available on request to property owners without easy access to a computer.

September 2021 Ocean Pines PROGRESS 17

18 Ocean Pines PROGRESS September 2021

OCEAN PINES

Committee ponders changes to OPA by-laws Fate of Search Committee, referendum voting thresholds, board amenity perks under review By TOM STAUSS Publisher he By-laws and Resolutions Advisory Committee has been reviewing proposed changes to the Ocean Pines Association by-

laws under consideration by a Board of Directors working group chaired by Director Doug Parks and has endorsed some but not all of them. Ultimately, it will be up to the Board of Directors to decide which

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by-laws are submitted to the OPA membership for approval in a community referendum, but the committee is helping the board in the process. Videos of recent committee meetings are posted on the OPA Website and indicate the following: • The committee is inclined to support a change in a provision pertaining to compensation for the Board of Directors, which is not allowed and won’t change if the provision is amended. A proposed wording change would allow directors to receive cost-free family memberships in all OPA amenities, not just those currently listed in the by-laws. Amenities such as pickleball and tennis platform have been added to available amenities since the last time the by-laws were revised. Without the proposed change

referencing all amenities, directors are effectively unable to obtain free memberships in these newer racquet sports. • Recent boards of directors have had internal differences on the extent to which the OPA president has shared pertinent information about OPA affairs with his colleagues. The committee debated a proposal to add another duty to the five already listed in the by-laws. Under the proposal, the president’s role would require the president to share pertinent information in a timely manner with other directors. The committee opted not to endorse this change, with a consensus that any differences on the amount of information shared with the entire board should be worked out internally among all the directors. To Page 20

September 2021 Ocean Pines PROGRESS 19

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From Page 18 • The board working group has proposed abolishing the Search Committee as a mechanism for soliciting candidates for OPA annual elections. The committee has put this issue on hold pending further communication with the working group on language, but no one on the committee is recommending retention. • The board working group and committee seem to be in agreement on adding a new requirement -- a minimum threshold of participation -- for the successful passage of a community referendum submitted in a petition by the membership or the board. There seems to be a consensus that language requiring a majority of those voting in the referendum for successful passage should be retained, as opposed to requiring a majority of all property owners in Ocean Pines. Committee Chair Jim Trummel said that majority-of-those-voting process dates back to the earliest days of Ocean Pines, and he expressed doubt that there would be much support in the community for changing it. But the committee has proposed new language that would require at least 25 percent of the those eligible to vote -- those with paid-up lot assessment is a requirement to vote in OPA -- to cast ballots as a new condition for a successful referendum. This proposal will be submitted to the boarding working group for feedback and possible wording changes. There is no proposed change in language requiring ten percent of those eligible to vote to sign a petition to force a question to referendum. During committee discussion, it was noted that had the 25 percent participation threshold been in effect in recent referendums, only a 2008 referendum on by-laws changes would not have reached that threshold, defeating it even though it passed by majority vote. The most recent referendum, on board capital spending authority, would have passed had the the 25 percent threshold been in place, according to a graphic shown during a recent committee meeting.

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OCEAN PINES

Viola hoping for board action on t-docks, pickleball courts GM plans on

By TOM STAUSS Publisher or General Manager John Viola, the business of the Ocean Pines Association is not in hiatus just because the outcome of the summer Board of Directors election is in a twilight zone of uncertainty. Viola said recently in a telephone interview that OPA President Larry Perrone, whose term as president has been extended because no new board has been seated, or new officers selected, intends to call for a board meeting in September if a court case enjoining the counting of ballots is still pending at that time. At the top of Viola’s agenda: Board votes on proposals to approve six new temporary-use boat slips at the Yacht Club and four new pickleball courts at the Manklin Meadows racquet complex in South Ocean Pines. Both capital items have been on the radar since the 2020-21 fiscal year, if not sooner. Viola said that the boat slips, or t-docks as he likes to call them, recently were given permit approval by the Army Corps of Engineers. Worcester County permitting authorities have raised one final issue, which Viola said the OPA’s engineering firm, Vista Consulting, hoped to have resolved by the end of August, the final hurdle needed before the general manager can bring the matter to the board for a vote. “T-docks aren’t in the budget,” Viola said, because at the time the 2021-22 budget was in the final stages of approval process early this year, he was very uncertain on when and if the Army Corps permits would be forthcoming. But Viola said last year the intention had always been to fund the estimated $70,000 of the new boat slips out of the New Capital Reserve after reallocating funds from the very flush Operating Fund, that was replenished with a $1.45 million surplus in the year that ended this past April 30. Reallocating revenues fromm the operating fund to the New Capital Reserve requires a super majority vote of the directors, or five of seven directors, and Viola said he’s hopeful that will happen if the directors convene for a meeting in September.

September 2021 Ocean Pines PROGRESS 21

marina expansion as a lower priority project. They have questioned how the transient nature of the new slips would be managed in practice, with some suggesting that a two-hour time limit on the slips would be difpresenting proposals at September meeting ficult to enforce. If approved by the board, the The additional boat slips, which Club for food and drinks and would would be available for transient also buy gasoline for their boats at t-docks would be manufactured by a firm in Florida and then installed by use only at the Yacht Club marina, the marina, Viola said. has the enthusisastic support of The slips can’t be used for tradi- Fisher and staff, Viola said. The four pickleball courts that ViFood and Beverage Manager Ralph tional slip rentals because the OPA ola also hopes the board will approve July 2 has maxed out the number of supDeAngelus of the Matt Ortt CompaOPINION nies and Harbormaster Ron Fisher, parking spaces at the Yacht Club in September have been moved from fession reportedly sets a range of 30 to 70 percent as Clarke points to Election earlier spot closer to theClub baseball to boatacceptable slips in the fa- foranACC both of whomCommentary believe the new slips that are tied within limits funding. The OPA deficits. Clark From increase Page 52 currently funds its replacement at theposition low end onedition of the Prog fieldreserve to another the other will revenues at their re- cilitie’s marina. by the multitude of candidates. of the “acceptable” range. should be used for a side of the existing pickleball courts, The Budget and Finance Advisospective operations, Viola said. Supik is seen as a Thompson cheerleader, and For what it’s worth, Thompson reportedly has Let’s look at the t someone in the mold of Pete Gomsak, board recommended 50 percent funding of the ACC, to be open. An OPA mem Viola said. ry Committee has been somewhat The transient boaters who woulda former 30, 2016, (end-of-fi member and current assistant OPA treasurer very achieved over ten years; the recommendation is conThey’re in this year’s capital budlukewarm towards with moor their craft in the new boat statement to conclu much aligned with the Terry-Jacobs faction. tained the in aproject, document that the board majority won’t not performed well Gomsak and Supik are Yacht retired accountants, let him release to thethe OPA membership. slipsBoth would be drawn to the some of its members viewing u

The statement is both are identified with the notion that OPA reserves A 50 percent funding level still would require a sigsite (under forms an are underfunded, and both are wedded to the idea nificant increase in the lot assessment, over a number Operational statem that the OPA’s reserve levels should be tied to someof years, and talking about assessment increases is appear in departm thing called the annual component cost (ACC), a comnever popular, especially during election season. annual audited fina putational confection conceived and embraced by the The rationale for keeping the document secret, acAugust. The unaudi accounting profession. cording to Thompson, is that it is a working document the “official” ones a Gomsak and Terry tried to persuade Supik to run involved in the updating and completion of the OPA’s The Yacht Club’s for the board last year, failing to do so, but they sucongoing reserve study. $76,219; a year earl ceeded this year. That’s absurd, because the document itself is comGranted, the yea If anyone is the anointed candidate of this particuplete and has been referenced in one or two board nificant, but a loss lar faction, it’s Supik in spades. meetings. Property owners paid for that document, educates you on the main causes and Berlin If your home has just home for top dollar in the shortest hefty funded depr Supik has said that, as chairman of the Budget and and it ought to be released immediately. involved. period. come offAdvisory the market and hasn’t ing) this past year Finance Committee, she issold, used totime navigating Thompson seems willingissues to release it, but he’s bethrough in very be roiled waters, forging consensus inDon’t a group stymied the by some of his board overseers, whoSpecial in riskingmaking wrong To a order a FREE Report,the annual don’t discouraged. Thea reason Supik could hav with, at times, sharply conflicting views. this instance prefer secrecy over disclosure and transhearthe a brief recorded message and parency. losing both time and your home did not over sell the mayyears havehavechoices hadabout she indulged i Other candidates said that Perhaps they fear that Thompson recommost they, liketo Supik claims now, can or end board factionalmendation could Before become an election issue, adversely how to order your FREE copy of recentl this numbe nothing do with your home the money on your investment. Supik also seem ism and infighting. It continues, despite the best efaffecting certain candidates, particularly Supik, who or try it on your report by calling toll free 1-844-294market. In reality, your home may you hire a Realtor, (rather than repairi forts of those who say they can end it. has been open in her viewpoint that OPA reserves are can call ownregardagain, know the right questions 1494 and enter 2312. You nities, have been one of the will more desirable with the Cou Factional infighting probably continue underfunded. fac less of who for is elected thisWhy year. Didn’t It goes with the and ter- the main Whatreasons they don’t seem to realize that by keepany time,is24 hours a day, current 7 days minority a properties sale. So to ask, a home it’s not certain whe ritory. It becomes ugly when the infighting becomes ing it secret, it could also have the effect of adversely week. Your Home Sell? usually does not not sell, to save you part of the majorit personal, such as when one director says he’s going to affecting certain candidates, particularly Supik, even strongly throw through the homes wall for the temerity more so than if they had allowed releasereport time and money. GetThompson your freeto special NOWbiased in th Lasta colleague year many of the The candidates m of seeing issues differently. his recommendations, and their rationales, to the OPA listed for sale never sold at all, and Industry experts have prepared to make sure your home sells the continued tenure a Ocean Pines’ ACC has been estimated at roughly membership. a free special report “How next time you placeboard it for sale inDaly, to- Ray Ung many sellers found thatmean therethat wasOPA a reserves mon, $14 million, which could are Supik called also has cometounder fire from former Those who like t underfunded $10 million if 100 percentSell funding of member Clarke forwhich her public statements day’s market.to the effect tremendous by amount a homeowner a House that Didn’t Sell” tions. Perhaps too m the ACC is the goal. that the OPA and the Ocean Pines Yacht Club is doing Courtesy of Jan Castner, Shamrock Realty Group 410-641-5000 Copyright © 2021 needed to be on to their tion season. – Tom S Actually, it educated doesn’t have to sell be; the accounting prowell financially.

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OCEAN PINES

T-docks, pickleball

From Page 21 get, as part of a $172,000 allocation out of the New Capital Reserve. If the board approves, staff will be seeking three bids for the pickleball courts, he said. Viola said a junior tennis court that initially had been packaged with the four new pickleball courts has been deleted from the project, in part because of insufficient room for it. The general manager said that after reconsideration, Recreation and Parks Director Debbie Donahue concluded that the previous proposed site for both the pickleball courts and junior tennis were too close to the ball field. “Debbie says that space is needed for softball events,” Viola said. Four new pickleball courts have been relocated from an open space at the lower right corner of the photo to a space near the tennis courts, upper left. A proposed junior tennis court has been eliminated from the new Racquet Center site plan.

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Financial Advisor 11200 Racetrack Road Suite A102 The Pavilions Ocean Pines, MD 21811 410-208-9083

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September 2021 Ocean Pines PROGRESS 23

WORCESTER COUNTY

Sports complex developer says county could reap millions in revenue

Commissioners hear details about how proposed venue could boost economic activity By ROTA L. KNOTT Contributing Writer proposed sports complex in Worcester County could generate $12 to $24 million in direct economic impact and up to $2.1 million in revenue from sports

field rentals, a representative from Sports Facilities Companies told the Worcester County Commissioners during an Aug. 17 presentation. Eric Sullivan, a principal with SFC, said he has not performed exhaustive market research or de-

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sions would be made by the commissioners. “I know that’s a big range but go back to where I started. It’s really about the direction you provide us,” Sullivan said. He gave examples from among the more than 30 such venues SFC operates nationwide and said some operate exclusively for the benefit of the community with a flat bottom line while others are designed to generate significant revenue. Should they decide to move forward with such a project, Sullivan said the commissioners could decide whether to focus on having a healthier bottom line or stronger community impact. He noted that maximizing venue performance will make for stronger profits for the county. While no deal for the purchase of land has been struck, the commissioners are considering acquiring land owned by Allen and Connie LLC/CAMBR Corp., known locally as the Mariner property, on Route 113 at Route 589 near Ocean Pines for a sports complex. County staff has suggested applying for Program Open Space funds through the Department of Natural Resources to purchase land and develop the project. Sullivan said his projections were derived from an initial benchmark analysis of the county including factors such as density, potential draw, and influence of regional competition. He used a 12-field model with flexible use fields and a multi-purpose complex in building his model. He said the industry average in revenue per field is about $50,000 for a publicly-owned outdoor turf field, while revenue from a high performing field is about $100,000. That means Worcester County, under his example, could generate low range revenue of $720,000 and $2.1 million on the high side. In either scenario, Sullivan said the complex would be creating a $12 to $24 million direct county-wide economic impact. Next steps, should the commissioners opt to move forward with a sports complex project, would be to complete a full market analysis, financial forecasting, community engagement to determine facility needs, and determining funding support, he said. Sullivan stressed that the design, operating model, and revenue streams would all be determined by the county. He said a facility could To Page 26

24 Ocean Pines PROGRESS September 2021

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26 Ocean Pines PROGRESS September 2021 Economic impact

From Page 22 be operated under various models from purely for the benefit of residents with a net zero profit to a revenue-focused economic and tourism driver, and he can provide financial and operational models for those various scenarios. “There’s no one silver bullet because every community makes those decisions…” he said. Commissioner Jim Bunting asked what Sullivan meant by “net zero.” Sullivan replied giving an example of one facility operated by SFC where the county just wanted to break even. “They didn’t want to invest more dollars in the operation than necessary but they weren’t there to make a profit. They were

there to serve the community and drive economic impact,” he said. Still, depending on the model selected for Worcester County, Sullivan said there would be a far-reaching impact, such as additional hotel nights booked by visitors coming to attending sports tournaments and other events. He said such sports complexes lead to other strategic economic development opportunities in the communities they serve, such as hotels, restaurants, and retail market expansions. “We exist for one reason and that’s to improve the health and economic vitality of the communities we serve. It’s a real differentiator for us,” Sullivan said of SFC, adding “Our team really becomes your team. So as we define what success looks like, when we talk about what an operational

WORCESTER COUNTY contract looks like, when we talk about our measures of success, those are all things that are going to come from the county. They’re going to come from you all. It’s up to us then to be held accountable to achieve those results and make sure that we live up to the performance that we talk about.” SFC works with its clients to develop outdoor and indoor venues for sports tourism, local recreation, and community programming. Sullivan said the company would hire local residents to staff the facility but have a liaison to the national team and the support of the company behind them in media, talent acquisition, booking, brand activation, and vendors. “So that when we open, we open full and we can really maximize that impact to the community,”

he said. Sullivan said the common pillars on the industry are sports, fitness, recreation, and entertainment and that programming is built around those elements. In addition to sports tournaments, he said the venue could attract conventions, group events, community gatherings, concerts, speaking events, outdoor festivals, and fairs. “Fashion always follows function. We need to make sure the building can function and can serve the community, serve the uses, serve the tourism that we want it to,” he said. SFC works closely with AstroTurf Corp. to develop facility designs that meet the directives of the local community and provide for an adaptable, flexible sports facility, Sullivan said. u

Hogan announces planning phase funding for Rt. 90 improvements

uring his keynote address Aug. 21 at the Maryland Association of Counties summer conference in Ocean City, Governor Larry Hogan announced that the State of Maryland’s new Consolidated Transportation Program (CTP), to be released in early September, will include funding for the project planning phase for Route 90 improvements, advancing a long-held priority for Ocean City and Worcester County. “In the coming weeks, state transportation officials will be rolling out a bold new consolidated transportation plan, which will include even more unprecedented infrastructure investments,” Hogan said. “In fact, while we are here in Ocean City, I am pleased to announce for the first time here today that our new CTP will include funding for the planning of the long-awaited and desperately needed MD Route 90, the gateway to Ocean City, project. “MD 90 is a top priority not only for safety, access, and the local economy, but also for its vital role in emergency response. We are very pleased to be taking this important step forward and we also look forward to working with each of you and your jurisdictions on all of the critical projects in your counties,” he said. While his statement didn’t specify the widening of Rt. 90 to four lanes, that is the improvement that county officials have been advocating for decades.

Illustration of an indoor option that could be included with a new county sports complex.

September 2021 Ocean Pines PROGRESS 27

WORCESTER COUNTY Steve Coleman, vice president of design and construction for AstroTurf Corp., touted the company’s accomplishments including surfacing tracks across the nation and tennis courts at the White House and U.S. Open. He said they create a product that is economical but of high quality, and meets the standards of the sports being performed on the fields, courts, or tracks. “A lot of times when we’re building these facilities we find out people are saying well it’s the bottom dollar. Well, it’s not for us,” Coleman said. “Our biggest concern is the safety of the athlete. And making and ensuring that whoever is going to be participating on this sport for the longevity of the field they’re going to be safe and they going to participate on a product that is going to hold up and be reliable and meet the criteria of the highest standards there are,” he said. AstroTurf Corp. works with SFC to complete the design, permitting, and construction process for sports surfaces. “The performance of the athlete is extremely important also and we make sure we meet those criteria for the highest standards

of all,” Coleman said. He said the company is a general contractor in the State of Maryland and across the United States and does all of its builds with in-house crews. “Artificial turf, base is just as important as the turf, if it doesn’t drain and it doesn’t hold up it’s going to fail and you’re going to lose revenue because that field will be shut down. We won’t allow that,” Coleman said. Commissioner Ted Elder asked about the life expectancy of AstroTurf fields and the cost of maintaining them. Coleman said on multi-field complexes the company offers a maintenance warranty per year for each field and then extends the warranty years, instead of the standard eights years. But, he said the fields will last longer than ten years. Most are replaced between 12 and 14 years. He said when it is time to replace the fields the cost will be 45 to 50 percent of the original construction cost. Because the infrastructure is already in place, only the “carpet” of turf will need replacement. “You’re about half the original cost of just the artificial turf at that time” Commissioner President Joe Mitrecic asked if issues such as traffic

flow for a project were addressed by the two companies as part of their initial design work. Coleman said yes, part of the design consideration for the number of fields included in a site are traffic and parking for the planned uses. “Operationally there are things we do to make sure there is a consistent flow that’s not creating big traffic log jams,” Sullivan added. As an example, he cited staggering the start and finish times of sports

games during a tournament so there are never long lines or packed parking lots. “From a guest experience what we don’t want to do is to have restrooms that are full, concessions full, parking lots full,” he said, adding “It really creates a much better guest experience. So operationally that’s something I’d layer on as well is how we manage the actual schedule of events in addition to the design.”

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Bertino continues to complain about proposed sports complex

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By ROTA L. KNOTT Contributing Writer alling the presentations preone-on-one complimentary, no obligation * mature, Commissioner Chip (0.00%) TAX-FREE 3.25 % TAX-FREE* ease contact me at 410-208-1704 for a one on one complimentary, no obligation, consultations or consultation or attend our seminar. Bertino didn’t appreciate the attend our seminar. Call for times, and location. Call for times, date anddates location Prince Georges Md (Name of MuniCnty Bond) “sales pitch” made by representaCarrie Dupuie, AAMS 98.500 Price: (00.00) tives from two companies invited to Carrie Dupuie, AAMS® My picture Coupon: (00/00/00) 3.25 (Financial Advisor Financial Advisor Name) an Aug. 17 meeting to discuss creFinancial Advisor here Maturity Date: 07/15/2036 (00/00/00) (Approved Title) 215 North Main Street ating a sports complex in Worcester 07/15/2028 Callable Date: (00/00/00 or N/A) 215 North Main Street 100 Call Price: (000) Berlin, MD 21811 County. Berlin, Aaa /MD AAA 21811 Rating: (XXX/XXX) (Address) “I thank you very much for your Other:410-208-1704 (Obligor) 410-208-1704 (City, ST 00000) presentations. But I kinda feel as if Carrie.Dupuie@RaymondJames.com I’ve stumbled into a timeshare sales (000-000-0000) I (Toll-Free: Carrie Dupuie, AAMS 800-000-0000) Raymond James(Financial Financial Services Inc.,Name) Member FINRA/SIPC Advisor Bertino told representatives (Approved Title) James Financial Services Advisors, pitch,” Investments advisory services offered Raymond Inc. Fax:through (000-000-0000) (Address) from Sports Facilities Companies (E-mail Address) (City, ST 00000) (000-000-0000) I (Toll-Free: 800-000-0000) and AstroTurf Corp. (Website) Fax: (000-000-0000) (E-mail Address) The Worcester County Commis(Website) sioners are considering the potential development of a sports complex on land owned by Allen and Connie Subject to availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is generally exempt from federal taxation and may also be free of state and local taxes for investors residing in the state and/or locality where LLC/Cambr Corp., known locally the bonds were issued. However, bonds may be subject to federal alternative tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gains tax treatment. Ratas the Mariner property, on Route ings by Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to 06/07/2018 buy, sell or hold the security and may be subject to review, revision, suspension, reduction or 0/00/00. 113 at Route 589 and old Worcester withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of principal and interest. No representation is made to any insurer’s ability to meet its o availability and price change. Minimum purchases may apply. The yield is the lesser of yield to maturity or yield to call. Interest is generally exempt Highway. financial commitments. Ratings and insurance do not remove risk since they do not guarantee eral taxation and may alsothebemarket free ofvalue stateof and local taxes for investors residing in the state and/or locality where the bonds were issued. However, the bond. Proponents of the project are ay be subject to federal alternative minimum tax (AMT), and profits and losses on tax-exempt bonds may be subject to capital gains tax treatment. Securities offered through Raymond James Financial Services, Inc., member FNRA/SIPC. y Moody’s/Standard & Poor’s. A credit rating of a security is not a recommendation to buy, sell or hold the security and may be subject to review, (c) 2015 Raymond James Financial Services, Inc., member FINRA/SIPC 15-MFI-0113 ICD BS 8/15 hoping use Program Open Space suspension, reduction or withdrawal at any time by the assigning Rating Agency. Insurance pertains only to the timely payment of principalto and inter-

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grant funds through the Department of Natural Resources to purchase and develop land for a sports complex and have their eye on the property near Ocean Pines. Bertino and his colleague who represents another part of Ocean Pines on the board of commissioners, Jim Bunting, seem to be in the minority on whether the county should move forward on a sports complex if it is able to acquire the Mariner property from the Allen and Connie/ Cambr entity. The other five commissioners seem much more receptive, voting together in a bloc to move the project forward procedurally. During the Aug. 17 meeting, Bertino was quick to point out that the commissioners haven’t agreed to acquire any land, what type of project to develop, or even if the proposal for a sports complex should move forward. “We don’t even have a piece of property. We have not discussed anything …” he said, adding “I feel as if we’re getting a hard pitch, a sales pitch on something that we haven’t even determined where it would be, whether or not we would do it, what the details would be.” He said he was confused as to why the representatives from SFC and Astro Turf were at the commissioners meeting. “We’re getting a sales pitch for something that we haven’t even yet determined, if we do it, where it’s going to be,” he said, Commissioner President Joe Mitrecic arranged for the presentations by SFC, which builds and operates sports and entertainment complexes in more than 30 cities nationwide, and Astro Turf Corp., which installs and maintains arterial turf fields. He said representatives from the two companies were brought in to help the commissioners understand how different models of sports complexes can be built and operated to support the county. “Every time I turn around I’m being criticized that we don’t have enough information on anything and so I bring somebody in here for informational purposes and I’m criticized for that,” Mitrecic said. Indeed, it was no surprise that

the developers were on hand at the Aug. 17 meeting, as Metricic at a commissioners’ meeting in July had announced his intentions to arrange a presentation at the Aug. 17 meeting. Bertino also questioned why the SFC and Astro Turf representatives were selected to make presentations. He said there may be other companies that are interested in presenting a proposal to the county. “You’re not the only guys out there I’m sure,” he said. He called the overview provided by the two companies “a very impressive presentation, but I kinda feel as if we’re way putting the cart before the horse. And I think it’s unfair going forward to any other company that might have an interest in working on this,” he said, adding “So, I appreciate your presentation but I just think it’s premature…” Mitrecic assured the SFC and AstroTurf representatives that if the county decides to pursue creating a sports complex they will be considered as potential partners. Bertino asked if the owners of the property under consideration by the county as a potential site for a sports complex have even responded to inquiries about possible sale of the land. Staff responded that no, the owner of the property has not gotten back to the county. Allen and Connie LLC/Cambr has been involved in Northern Worcester County development for decades. The late Allen and Connie Skolnick were the principals, with the corpus passing to family heirs on their passing. The company developed Terns Landing in Ocean Pines and the River Run community just north of Ocean Pines. It also owns a now unimproved parcel adjacent to the county-operated Showell Park on Route 589 where a golf driving range operated decades ago. It also operated Solgar Research Center in the Manklin Meadows section of Ocean Pines, and were the early developers of the Ocean Landings Shopping Center just west of Home Depot on Route 50.

WORCESTER COUNTY

September 2021 Ocean Pines PROGRESS 29 By widening and strengthening the shoulders to support temporary vehicular traffic, it will reduce the need to fully close a travel lane during maintenance or emergency Commissioners try new tactic, to request that state make phased highway improvements response activities.” The county’s recommended phase By ROTA L. KNOTT quested improvements to routes 90, end of Worcester County continues 2 of Route 90 improvements calls Contributing Writer 50, and 589. These projects remain to see record growth in new home for adding a new center lane. “The eiterating priorities that have the top three requests in this year’s and business construction. MD 90 existing MD 90 bridges are approxichanged little in decades, the CTP letter, which was adopted by needs to be dualized to address mately 40 feet wide with the ability Worcester County Commis- the commissioners during an Aug. the increased traffic demands,” the to support three 11-foot wide travel lanes and the existing landscaped sioners are once again imploring 17 meeting. county’s letter states. the Maryland Department of TransRecognizing that full dualization medians can be removed. Dallas Baker Jr., county public Overhead lane designation signportation (MDOT) to dualize Route works director, said the highway is a major capital project with a pro90, replace the Route 50 drawbridge projects are “all substantial capital longed timeline for completion, the ing could be installed similar to into Ocean City, and widen Route projects that will require long term county requested MDOT review the the Bay Bridge to provide positive 589. planning, design, and permitting as possibility of phased improvements guidance to motorists regarding However, this year the county is well as hundreds of millions of dol- to Route 90 while full dualization which lane to use,” the county lettaking a slightly different approach lars in construction costs. is pursued. As phase 1 of improve- ter states. It suggests that during to its request, suggesting phased Progress on them is likely to ments the county has suggested tourist season, Monday through interim improvements and smaller take years before shovels are in the strengthening and widening the ex- Thursday operations could run one lane in each direction with the cenprojects that will help address the ground.” He called those large proj- isting shoulders. top priorities. “The shoulders of MD 90 are too ter lane closed and a 55 mph speed ects “$100 million dollar ten-year Each year, the county sends a projects to develop fully into con- narrow and too thin to support sus- limit. Friday and Saturday could letter to MDOT outlining its prior- struction.” tained vehicular traffic. As such, run with two lanes east bound, one ities to the State’s transportation The number one item on the during most routine maintenance lane west bound. The use of variable network as part of a statewide draft county’s list of priorities remains operations by SHA, MD 90 is placed speed limits could be employed to fiscal year 2022 Consolidated Trans- dualization of Route 90. into a flagging operation or one lane lower the speed limit to 45 mph to portation Program. Since the com“Traffic congestion on MD 90 con- is shut down entirely because the enhance safety during the contra flow scenario. pletion of the Route 113 dualization tinues to worsen. Ocean City has be- presence of the median guardrail. On Sundays, traffic could run project, the commissioners’ prior- come a year-round tourist destinaTraffic quickly backs up and sigu ities have focused on the long-re- tion and development on the north nificant delays are encountered.

Route 90 dualization, Route 589 widening still top list of county road priorities

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From Page 29 with two lanes open west bound and one lane open east bound. It is also recommended overhead lighting be installed for the entire corridor for this phase. The county argues this phase also provides greater flexibility for evacuation procedures during hurricane season. Finally, phase 3 would be fully dualizing Route 90. “It is believed this phased approach could address mobility and congestion concerns in a more timely and economical manner while long range planning, permitting, design, and construction moves forward towards full dualization,”

the county’s letter to MDOT says. The second priority for the county is replacement of the Route 50 drawbridge into Ocean City. “Similar to MD 90, traffic congestion on US 50 continues to worsen. In recent years, there have been several incidents of the existing drawbridge getting stuck,” the county argues in its letter. With Ocean City serving as a year-round tourist destination, the county says the 50 drawbridge needs to be replaced with a more reliable structure and one that can accommodate the increasing traffic congestion issues. Third on the county’s list is dualizing Route 589 because the north end of Worcester County has experienced significant growth over the last decade and that corridor has become heavily congested at all times of the year. “More people are living in Ocean Pines year-round than ever before and commercial development is increasing. Congestion and delay issues along MD 589 are at or are approaching failing conditions as the road network reaches maximum capacity.” The county argues that Route 589 needs to be dualized to address the congestion issues and safety concerns as additional residents come to the area. A series of smaller project requests included in the CTP this year “are shorter duration, less expensive opportunities for MDOT to improve our local roadways which they can pursue while still continuing to advance the larger projects,” Baker said. Those smaller projects include constructing a dedicated right turn land on southbound St. Martins Neck Road at Route 90. This is proposed by the county as a way to address problems cause by GPS apps like Google and Waze directing traffic down St. Martin’s Neck Road as a way to bypass traffic slowdowns on routes 113 and 90. During tourist season traffic backs up as people wait to make left turns off of south bound St. Martin’s Neck Road onto east bound Route 90. Currently there is only one south bound lane at the intersection and drivers wanting to turn right onto west bound Route 90 must wait in long queues. A south bound right turn lane could better facilitate traffic wanting to head west bound on MD 90, according to the county’s request.

WORCESTER COUNTY

September 2021 Ocean Pines PROGRESS 31 Those families who expressed a desire to remain in a distance learning environment were able to enroll in our Blended Learning Program back in June,” she said. Worcester schools had been expecting to operate under relaxed health and safety protocols that went into effect July 1, with face masks recommended but not required in schools and mandated in school buses according to federal diFall athletics to resume with attendance encouraged rectives. But that is now in doubt, as the By SUSAN CANFORA we keep those things in Aug. 21, with 4,033 cases Maryland State Board of Education Contributing Writer the forefront so we can in Worcester County and voted Aug. 26 to approve a regulahe way Worcester County continue to teach. That 108 deaths. If the trend tion requiring universal mask wearSuperintendent of Schools is our purpose. We are continues upward, Taylor ing inside all schools in the state Lou Taylor sees it, hospitals, here to educate. We are said he will review they this year. churches and schools all fulfill the here to provide a qualidata “and make good deThe measure requires the apsame role, in different capacities. ty education and level of cisions.” proval by the Maryland General “They all are there to help peo- instruction that is secWhen school begins Assembly’s Joint Committee on Adple. Schools help children grow so ond to none,” he said, as in Worcester County on ministrative, Executive and Legislathey can be productive citizens. It he praised teachers and Tuesday, Sept. 7, all stutive Review, which has ten days to starts on Day One in Pre-K. We have staff dedicated to prodents will be in class for approve the measure. to manage, as leaders of our school tecting and guiding chilfull in-person instruction. Lou Taylor Taylor said he will monitor inforsystem, the needs of our kids and dren. Carrie Sterrs, coordimation from medical professionals “In 38 years of being in education, nator of public relations and spealso protect them, keeping them every day, with the goal of keeping I have never seen the level of comcial programs for the county school safe to prevent Covid-19,” Taylor as many students as possible in mitment I see now, to head our kids system, said educational leaders are said during a virtual press conferschool. “working to complete its update to in the right direction,” he said. ence on Zoom in late July. “We will fight against this panRecently, The New York Times the Responsible Return plan from “What I learned the most is, I demic as a society and as a school last year. reported 486,000 cases of the corohave to make sure we don’t forget system. If parents can bring kids to “We will be communicating with navirus and 9,938 deaths from the safety precautions so our kids can u families as soon as it is finalized ... virus in Maryland as of Saturday, stay there in school, to make sure

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32 Ocean Pines PROGRESS September 2021 School reopenings

From Page 31 school, that would be great. If not we will provide buses. We will keep the seat right behind the driver open and we will be limiting the number of students on the bus as much as possible. “The reason is, ventilation on buses is different from ventilation in classrooms or outside,” he said, adding the bus mask mandate will continue at least through January 2022. During discussions with parents, Taylor has heard arguments for and against in-school learning, vaccinating and making masks mandatory. “It’s an ongoing debate and they are entitled to their opinions, but my focus has to be what is the best way to keep kids in the classrooms,” he said. The school system cannot require teachers, staff or eligible students to get vaccinated. “Some institutions are doing that. We can’t. But what we are doing is strongly encouraging folks to be vaccinated not only by saying it, but we will look at ways to partner with medical facilities here, to set up clinics and have vaccines available for those who want to get that vaccine. “We will go out of our way if anybody wants to get that vaccine and even provide transportation if needed,” he said. Temperatures will not be taken before entering school buildings, but questions will be asked about symptoms during a daily screening. Anyone who feels ill can get tested in the school nurse’s office. Those with covid will be asked to leave the school. School athletics are on track to begin, said Taylor, adding he began his career as a coach and strongly supports sports and the arts in schools. “Our schools are close to normal with athletics. We will be taking precautions. We have a limited use of locker rooms right now. “Our assistant superintendent is working with athletics to be sure everyone is following protocols so we can continue to have athletics and competition that our community enjoys going to and supporting,” he said. Coaches have been asked to keep players distanced from each other as much as possible. “We are off and running with our fall athletics. They are back. They have been back since Aug. 11. With

the exception of volleyball, it is all outside. “Our practices have begun. We are not piling on each other in practice. “Spectators will be allowed to attend the games at this time … if we have to space those spectators out because of overcrowding, we will. Being a former athlete and coach, athletics brings our community together. “In all parts of our communities, there is something about our athletic events that really bring the community together,” he said.

Worcester Prep

At Worcester Preparatory School in Berlin, Head of School Dr. John McDonald told the Progress school will start on Tuesday, Aug. 31, with prior soft openings earlier for younger children. Faculty, staff and the 480 students in Pre-K through 12th grade will be encouraged to wear face masks and to get vaccinated if they are eligible. Face masks must be worn on buses, as federally mandated, and younger, lower school, students will be required to keep them on upon entering the building and when they are in common areas. No vaccination clinics are planned at the school. “Masks are strongly recommend indoors. We will be following the Maryland Department of Health guidelines, although we won’t be taking temperatures or asking covid questions. “If we were to have some type of major outbreak that could change,” McDonald said. “We are all ready for the new school year. We are looking forward to a safe school year. Our school and our events that we are planning are more typical of a Worcester Prep school year. “We do have to maintain some protocols but we are going back to our old school year. “We are having events for students and families and we are looking forward to getting back to what a Worcester school year looks like,” he said. Athletics are on schedule, with most outdoors. In the classrooms, students will be encouraged to use hand sanitizer and stay four feet apart. Air purifiers, donated by a Worcester Prep trustee, have been installed in every classroom and filters will be changed every three months.

WORCESTER COUNTY “We will maintain rigorous cleaning at the end of the day for each classroom,” he said.

Most Blessed Sacrament Catholic School

At Most Blessed Sacrament Catholic School on Route 589 north of Ocean Pines, which opens on Sept 7 with 230 students in PreK to eighth grades, precautions put in place by the state will be followed, said Amanda Evans, director of admissions and advancement. Parents will decide if children will wear face masks to school and fill out forms indicating that choice. If a child is signed up to wear a mask, he must adhere to that agreement. In the classroom, students will be spaced three feet apart and hand washing will be encouraged. Anyone who feels sick will be urged not to come to school and shouldn’t return until he or she is without symptoms and fever free for 48 hours. Children will not be allowed to be in small groups, closer than three feet apart, for more than 15 minutes if they are not masked.

Athletics will continue as usual, with golf, volleyball and soccer played by those in sixth to eighth grades, as well as basketball and softball. “We are excited to have everybody back in school. We’re grateful that last year we were able to make it 180 days. We worked hard to keep everybody safe,” said Evans, adding Most Blessed Sacrament has a new principal this year, Trinette Stillman, the school’s fourth in 18 years.

Seaside Christian Academy

At Seaside Christian Academy in West Ocean City, children 3 years old through 12th grade will begin classes on Sept. 7 and be dismissed at noon the first day. Julia Petrov of Ocean Pines, whose son is a student there, said last year there were temperature checks upon entry to the school and masks were mandatory, but this year vaccinations against the coronavirus and face masks are optional, but that could change. Temperatures will not be taken daily, but surfaces that are frequently touched will be disinfected throughout the day.

OPA FINANCES

September 2021 Ocean Pines PROGRESS 33

Amenity memberships recover from covid All departments save one exceed revenue goals for the year, and platform tennis still has time By TOM STAUSS Publisher hat a difference a year makes. Around this time a year ago the covid pandemic was doing a real number on Ocean Pines amenities, especially Aquatics and Beach Club parking. Golf took a hit early in the fiscal year before golfers realized an escape from noxious stay-at-home orders could be found on the local links. Boaters realized early in the pandemic that escape could be found on the waterways, and OPA marina operations did well for the year, exceeding its budget for the year by $58,000. The July 31 membership report for OPA amenities tells the story of a dramatic turn-around in amenity memberships this year over last. All amenities with the lone exception of platform tennis have exceeded their membership revenue goals for the year, only a quarter into the 2021-22 fiscal year. “It’s still early for platform tennis,” OPA General Manager John Viola told the Progress recently. “Platform tennis is played more in the cooler months, and we’re still accepting memberships.” The same is true for Aquatics, which is still accepting year-round and winter memberships, with the latter category so far showing a goose egg for the year. It hardly matters, as all other membership categories in Aquatics are showing a very healthy increase over last year. For the year so far, 706 Aquatics memberships have been sold, compared to 274 at the same time a year ago. Aquatics has reached 113 percent of its membership revenue goal for the year. Beach parking also shows a dramatic increase, with 2,279 passes sold this year compared to only 1,610 a year ago.. That’s 108 percent of the membership revenue goal. Golf memberships remain stuck below 100, but the number has increased from 72 a year ago to 91 this year. Cart packages, however, show decent growth from 126 sold a year ago to 148 this year. Golf including cart packages has reached 109 percent of its membership revenue goal as of July 31. Of the three racquet sports, pickleball is showing the most dramatic growth year-over year, with 169 memberships sold so far this year compared to 99 at the same time last year. That’s 156 percent of goal, leading all other OPA amenities in membership growth. Tennis is showing promising improvement year over year, with 73 memberships sold as of July 31 compared to 42 a year ago. That’s 106 perent of its membership revenue goal. Platform tennis memberships have increased from 42 to 58 year-over-year, but that’s 75 percent of goal. Combined, racquet sports have reached 127 percent of its membership revenue goal. All amenities combined are 111 percent of their membership revenue goals.

OPA MEMBERSHIP REPORT AS OF 7/31/2021

34 Ocean Pines PROGRESS September 2021

OPA FINANCES

OPA records historic surplus for 2020-21 No surprises in final number certified by OPA auditors

By TOM STAUSS Publisher here were no major surprises but perhaps a few questions in the audited financial summaries for 2020-21 released in hand-outs at the aborted Aug. 14 annual meeting of the Ocean Pines Association. The bottom line operating fund surplus was $1,445,897, according to OPA-prepared documents based on the audit report. The audit report, completed by TGM of Salisbury, is posted on the OPA Web site. It’s the largest surplus ever recorded in OPA history. The unaudited departmental summary for April of this year, the final month in 2020-21, projected a year end surplus of $1,275,298. The increase in the audited surplus over the unaudited number from April is $170,000. Two departments that were adjusted in the final audit report were General Maintenance and Public Works, $249,999 lower for the former and $47,698 higher for the latter. According to Director of Finance Steve Phillips, the General Maintenance reduction resulted from a transfer to drainage reserves that occurred midway in the fiscal year. The increase in the Public Works net resulted from recording the majority of revenue from the sale of fleet vehicles in that department. OPA General Manager John Viola told the Progress in July that the auditors had agreed with a $200,000 decrease in bad debt expense that

AUDITED DEPARTMENTAL SUMMARY 2020-21 Fiscal Year Ending 4/30/21

Transfer of Casino Funds Proceeds from Sale of Vehicles Bulkhead Depreciation Add-back

$7,878,465

$7,084,475 ($325,000)

$66,995 $4,014

Source: OPA Department of Finance

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September 2021 Ocean Pines PROGRESS 35

Operating fund surplus shows dramatic turn-around By TOM STAUSS Publisher t seems like only yesterday when the Ocean Pines Association had dug a deep hole in its operating fund. More than $1.6 million in deficts were racked up in the 2016-17 and 2017-18 fiscal years. They’ve been eradicated, initially with the help of increases in the lot assessment that dedicated funds for the purpose of deficit reduction. In 2018-19, that dedicated funding was in the amount of $600,265, reduced to $252,779 in 2019-20. Both years resulted in operating surpluses. This past year, 2020-21, the $1,445,897 operating fund surplus was largely the result of federal covid stimulus funding. Without it, the operating fund would still be in deficit. According to an operating fund performance history document released during the aborted annual meeting Aug. 15, the operating fund surplus had reached $1,194,991 as of May 1 this year, the highest it’s been for some time, if ever. That’s a dramatic turn-around from the May 1, 2016, balance of $5,899. The document [reproduced at left] shows adjustments in 2019 and 2020 representing the value of active pool coupon debit cards that were extended and are due to expire Oct. 1 of this year, unless extended again by the Board of Directors. These sales were treated as income when sold but were then “moved to a deferred revenue liability on the balance sheet,” with a corresponding reduction in the operating fund, according to General Manager John Viola. Associate Broker, GRI, CRS

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36 Ocean Pines PROGRESS September 2021

OPA FINANCES

Another blockbuster month for OPA finances Operating fund surplus for the year through July approaches $1 million

By TOM STAUSS Publisher uly financials issued by Director of Finance/Controller Steve Phillips in late August show another blockbuster month, following similar results in May and June. The third consecutive month of substantial operating fund surpluses has resulted in a first quarter positive variance to budget of just under $1 million. That kind of result has never been achieved in the history of the Ocean Pines Association. The operating fund positive variance for July was $230,778, building on the May positive variance of $532,746 and June’s $206,317. The three-month operating fund surplus is $969,960, with August looking like it might be adding to that total. According to Phillips, July’s operating fund variance was the result of revenues over budget by $254,497 and expenses over budget by $23,719. The cumulative positive variance resulted from revenues over budget by $733,342, and expenses under budget by $236,618. For the first three months of the fiscal year, net operating revenue by department was $6,519,669, compared to the budgeted $5,549,709. That’s not that far off from the net operating number of $6,505,556 through July of last year, but there’s a significance difference in the yearover-year results. Last year’s revenues were buffeted by roughly $1.4 million in federal covid pandemic stimulus money, most of which came in the form of Payroll Protection Program funding. None of that revenue is available to the OPA in the current fiscal year, meaning that the OPA is achieving similar net results on the strength of its departments spinning off substantial operating surpluses relative to budget. For July, the OPA was budgeted to lose $296,965, but the actual loss came in at $66,187, producing the $230,788 operating fund surplus of $230,778. Of all the major amenity departments, all but tennis produced actual surpluses in July. Tennis lost $1,788, but that was ahead of budget by $277. The big winners for July in net

Source: OPA Department of Finance

operating surpluses were the Yacht Club food and beverage (+$172,995), followed by golf operations and maintenance ($105,774), Beach Club food and beverage ($100,116) and Aquatics $49,140.

The leaders in positive variance to budget were the Yacht Club (+$79,183), golf operations and maintenance (+$77,359), and Aquatics (+$29,528) in July. For the first three months of the

fiscal year, golf is the lead department in net operations (+$409,579), followed by Beach Club parking (+406,826), Yacht Club (+$348,786), Marinas (+$265,530), Aquatics u

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OPA FINANCES (+$236,571), and the Beach Club (+$128,3590. Compared to budget, golf operations and maintenance led the pack for the first three months of the fiscal year with a $209,769 positive variance, followed by the Yacht Club with a $208,125 positive variance, and Aquatics with a $148,751 positive variance. Aquatics is no longer a department struggling to meet budget, as it was last year when the covid pandemic affected operations significantly, reducing membership revenue, swim lesson and class lesson revenues, and other income categories. The Yacht Club is substantially ahead of last year’s covid-inflected performance, with $1,061,575 in net revenues in the May through July quarter, For the first three year months last year, net revenues at the Yacht Club were $589,707, roughly half of the year so far. And that included the federal PPP revenue that had been collected by the Matt Ortt Companies. In July this year, the Yacht Club produced gross revenues of $676,747 and net revenues of $465,907. All revenue categories at the Yacht Club are in surplus territory and are well ahead of budget. Golf similarly is firing on all cylynders, according to OPA General Manager John Viola, who said that the number of rounds played is up year over year and the revenue per round is higher, too. He cited the excellent condition of the course and the popularity of the new Clubhouse Grille, which is in surplus territory for the year (+$42,568) and ahead of budget by $45,842, as reasons for golf’s resurgence. Golf gross revenues in July were $231,870, ahead of budget by $81,010. For the year through July, golf gross revenues were $747,590, ahead of budget by $166,893. In contast, golf had generated $488,309 in gross proceeds for the first quarter last year, with covid reducing the number of rounds played. All cumulative revenue categories in golf were well ahead of budget in the first quarter, particularly cart fees and greens fees. But even golf membership, which seemingly has been in a steady decline in recent years, with total membership well under 100, has staged a comeback. [See article on Page 33 for details.] Aquatics is also clearly staging a comeback, with cash fees driving the resurgence in revenue, with a significant assist in member dues relative to budget. The Beach Club also is having a banner year so far, generating $128,359 in net revenue and a positive variance to budget of $70,776. Marinas continue to be a cash cow for the OPA, with $265,530 in positive net cash flow for the first quarter of the year, under budget by a modest $10,341. Viola said that gasoline sales have been hurt by weekend weather advisories affecting boat traffic, but even so this department should be a net top producer for the OPA this year, as it has been in year’s past. Last year, marinas had a good year despite covid, with many boaters taking to the open wa-

September 2021 Ocean Pines PROGRESS 37

ters as a way of escaping the pandemic. All three racquet sports are in surplus for the first three months of year, with only platform tennis behind budget. Viola said this situation may improve during the cooler months, when platform tennis is played more frequently than u

38 Ocean Pines PROGRESS September 2021 Blockbuster month

OPA FINANCES

From Page 27 pickleball, probably the most popular racquet sport in Ocean Pines currently as measured by membership. Pickleball had a $41,907 operating surplus through July, ahead of budget by $18,758. Tennis’s positive variance through the end of July was $21,123. Recreation and Parks performed close to budget for the year through July, with a $1,911 negative variance. This department is funded partly by class and program fees and the annual OPA lot assessment. All other non-amenity departments are ahead of budget for the year, led by Public Works with a positive variance of $77,509 and Services Dental Public Relations ahead of budget by $29,288. Status of reserves -- The OPA’s reserve balance was a healthy the balance stood at $5,649,626. Assessment contributions of $2.8 mil$7,972,917 at the end of July. Heading into the new fiscal year, lion boosted the balance.

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CAPTAIN’S COVE

Supervisors OK 24-7 EMS services for Greenbackville Fire Department Also approved: Five new EMT positions, including HR specialist and trainer for all EMT services in Accomack County

By TOM STAUSS Publisher s expected, the Accomac County Board of Supervisors followed through with indications from the prior month and unanimously approved 24-7 emergency services for the Greenbackville Fire Department in a meeting Aug. 18. The vote was 9-0 to spend surplus funds in the county 2021-22 budget to establish 24-7 service with seven full-time equivalent EMTs at the Greenbackville fire station, which serves Cap-

tain’s Cove. The station normally operates with two full-time EMTs during daylight hours, with after hours and weekend services provided by other fire companies much further away. To spend these funds, the supervisors had to approve an amendment to the 2020-21 budget after conducting a public hearing on the proposed amendment. County Emergency Services Director C. Ray Pruit advised that the Greenbackville fire station, even with the supervisors’ vote amending the budget, would not be up and running at full

Colby Phillips statement on motion establishng 24-7 EMT services at the Greenback Fire Company:

“As someone who has worked closely with Ocean City firefighters and paramedics, I wanted to share a description of their job: ‘We go where no one else wants to be: To the mangled car wreck, elderly fall victim who has been lying covered in waste of dyas, the end-stage cancer patient who reminds you so much of your mom, or brother or God-forbid your child, that it makes the hair stand on the bzck of your neck stand up, or to the babbling, paranoid drug addict and we make a difference. “ ‘We leave the safety of our home or station, we leave meals uneaten and sleep unfinished because an emergency is just that -- unplanned, unpredictable, and uncertain. Sometimes we simply put someone back in bed. Sometimes we arrive only to find there is nothing we can do. Every no and then, we get to start a heardt, stop the Senior General Manager bleeding, or ease the pain and suffering. Every time, we make a difColby Phillips ference. “ ‘On an average day, people don’t typically think the worst happening at any moment, but then a sudden pain fills your chest, a family member has an asthmatic episode, or maybe someone close to you begins to have an allergic reaction. After a call to 911, Emergency Medical Services’ job begins.’ ” “Does response time matter? Yes! For a small subset of patients, EMS response times are a critical matter of life or death. We just don’t know if the next patient will be one of those. The thinner the resources and longer the response standard, the more likely those outliers will happen in many communities. Please approve 24/7 EMS services for Greenbackville.”

CCG Note confirms plans to develop mixed use project near Captain’s Cove By TOM STAUSS Publisher he declarant/developer of Captain’s Cove, CCG Note, has a contract to purchase a 20acre parcel near the back entrance to the community off State Line Road Jim Silfee, one of the principals in CCG Note, said the developer is working with Accomack County on plans to develop the site with 100 to 150 townhouses and some limited commercial development, perhaps a convenience store to serve Captain’s Cove and nearby Greenbackville.

The site, not part of the Captain’s Cove sub-division, is currently being farmed. Silfee said there is no discussion to have the site annexed into Captain’s Cove. Silfee said the intent is to acquire water and wastewater treatment services from Aqua Virginia. Silfee said in an Aug. 26 telephone interview that he hopes to have a site plan to deliver to the county for review in “the next week or two,” after which plans for the property will begin to take shape in more detail.

September 2021 Ocean Pines PROGRESS 39 strength until June of next year because of the need to hire and train new personnel. A second motion, to add five new EMTs positions in the county to include a human resources specialist and trainer, passed 7-2, with the dissenters not opposed in principle to the creation of new positions. This, too, required a public hearing on amending the 2021-22 budget. They suggested that the funding for the staffing expansion should be part of budget discussions in the 2022-23 budget, where funding sources can be more readily identified. In a constituents meeting in July, County Board of Supervisors Chair Ron Wolff, whose district includes Captain’s Cove, made it clear that the funding surplus would guarantee 24-7 services at Greenbackville in the range of one to two years only, with the issue of identifying a more stable source of funding to be determined. He mentioned at the time that a three cent increase in the county’s tax rate would be one way to sustain the full-time coverage that other parts of the county routinely enjoy. Each cent on the property tax rate brings in $365,000, so three cents would bring in just under $1.1 million needed to keep the Greenbackville fire station fully staffed with EMTs when funding dries up, he said. But at the Aug. 18 meeting, another possible way to sustain 24-7 coverage in Greenbackville surfaced, the possibility of amending the county code to allow for a five per cent tax on food and beverages sold at restaurants in unincorporated areas of Accomack County. The tax wouldn’t apply within the town limits of the county’s 11 municipalities, but would apply to communities such as Captain’s Cove, which is governed by a property owners association. The supervisors conducted a public hearing on that proposal as well, with no public comments offered. Action on the proposed amendment to the county code was deferred. Wolff said as a former restaurateur “lightning might strike him” for speaking in favor of the new tax, which he said could be discussed in the next budget cycle in the context of finding a funding source for expanded EMT services in the county. He and other supervisors said it might be a fairer way of raising needed funds rather than relying so heavily on the county property tax. At his July constituents meeting, Wolff had spoken favorably of another possible funding source: revenue-sharing with the county’s fire companies. Currently all towns in the county retain 100 percent of revenues earned from ambulance calls. Wolff suggested then that even modest revenue-sharing with the county, which hires, manages and funds all the EMTs in the county, could help finance expanded EMT service. The supervisors discussed that idea as well during the Aug. 18 meeting, with no clear consensus on what would be a politically fraught proposal in a county with influential fire departments. During the public hearings at the Aug. 18 meeting, Captain’s Cove Senior General Manager Colby Phillips spoke in favor of both. [See statement elsewhere on this page.] To Page 41

40 Ocean Pines PROGRESS September 2021

The Cove Players, who brought you fun times like “Cove Idol” and “Cova Cabana,” are coming back! Mark your calendars for a fall dinner theatre performance on Nov. 19, 20 and 21 with another, new, original play. The Great Smokey Mountain Dude Ranch in Pigeon Porridge, Tennessee, was doing well. So, they reinvested and then, the COVID-19 Pandemic shut them down. Now, with their cash reserves depleted, the future of the ranch is on the line and unfortunately, there is malevolent mischief afoot! There will be an open meeting soon for all those interested in participating onstage, backstage, with AV, or other various production needs. If you want to perform on stage, there will be an informal audition. We welcome new thespians, singers, dancers, and crew! Watch the Cove email for the meeting date, or email Sharon Lukens at slukens14@ gmail.com to be added to the mail list.

Tickets will go on sale later this year

CAPTAIN’S COVE

9/11 20th Anniversary Commemoration Marina Club Banquet Room

Saturday, Sept. 11 Doors Open 8 a.m.

PROGRAM Introduction - Colby Phillips • Invocation - David Jones National Anthem - David Jones Pledge of Allegiance One Minute of Silence - 8:46 a.m. First Solo Song • Second Solo Song

Invitation to audience to say a few words about someone they may have known who was lost in the tragedy Closing Comments

CAPTAIN’S COVE

COMMUNITY BULLETIN BOARD

Group Swim Lessons ~ Starting Saturday, Oct. 2nd Contact Marina Club Front Desk to Sign Up or For More Info Private lessons available also

September 2021 Ocean Pines PROGRESS 41

CAPTAIN’S COVE Expanded EMT services

From Page 36 She also issued a statement after the successful passage of the budget amendments praising the commissioners for acting. “When I started my job in Captain’s Cove in March, EMS response time was a concern for many in the community. In an early meeting with Supervisor Ron Wolff, we started the discussion and made plans to have a work group with others to see what some options might be. “The work group consisted of Emergency Services Director Charles Pruitt, OCMD Career Fire Chief Rich Bowers, Greenbackville Fire Chief Barry Outten, Supervisor Wolff and myself. We met several times to discuss needs and options. Chief Bowers gave a lot of great suggestions with his background and experience. “Chief Outten has been working on this issue for several years and should feel extremely proud of his persistence and dedication. “I was grateful to be a part of the work group to get this moving forward and see the end result we just received. Response time is important and to see this topic be such a priority to the County Supervisors, is wonderful. “A big thank you to Supervisor Wolff and his unwavering support.”

9-11 Memorial event

At the Senior General Manager/General Managers meeting Aug. 16, Phillips invited the Captain’s Cove community to attend a 9-11 memorial event at the Captain’s Cove Veterans Memorial, beginning at 8 a.m. when artifacts from the tragic day will be available for viewing. The memorial ceremony will begin at 8:30 a.m. she said, and will conclude 30 to 40 minutes later. “Jim Hayes has been running with it,” she said, adding “We’d love to have everyone join us.”

Fall classes

Fall will be a busy time in Captain’s Cove, with Phillips confirming the pending return of a number of classes, including six-week hydro-bike sessions, water aerobic classes, and both private and group swim lessons, all with details to be announced when dates are firmed up.

Dolphin Drive repairs

Phillips reported that there are roadway issues at the intersection of Dolphin Drive and Captain’s Corridor, where traffic has caused the edge of the road to deteriorate. Some subsidence of the area has occurred, she added. An engineering firm (Vista, the Cove’s go-to company for engineering advice), has recommended some fixes, Phillips said, adding that the team is looking for at least two quotes to present to the Board of Directors for action.

Junior lifeguard program

The Junior Lifeguard Program has concluded for the year, with 44 kids participating at the beginner’s level and eligible to return to the next level next summer.

One participant should be available to be hired by the Cove next summer as a fully trained and certified life guard, Phillips said, adding that she was very pleased with how the inaugural season of the program unfolded.

Committee chair steps down

Phillips announced that Golf Committee chairman Ron McIntire is stepping down and that the committee is looking for volunteers to serve as chair and treasurer of the group, which hosts golf tournaments and related activities in the Cove. She mentioned that the monthly golf tournament hosted by the group has been pushed back to Sept. 18 to avoid conflicting with the 9-11 memorial event.

June financials

Phillips reported that through June, the Cove association has a cumulative operating surplus for the current fiscal year of $291,778, $107,000 ahead of budget. For the month, revenue was ahead of budget by $190,00 while expenses were over budget by $70,000.

Flag pole violations

General Manager Justin Wilder during the Aug. 16 meeting reminded residents that political flags are covered by the community’s sign regulations and can be no higher than six feet in elevation. “If you have [political] signs on a flagpole it’s a violation, and we expect these signs to be removed,” he said. Wilder also presided over a number of hearings related to other violations in the community, most of which involved complaints that property ownrs were in the process of rectifying.

Web site update

Wilder reported that interior pages in the revamped Cove Web site have been sent to him and Phillips for review and are quite an improvement over the existing site. Meanwhile, he said the management team will be recommending AppFolio as the software to manage financial transactions within the Website, with the Board of Directors to make the final decision.

Amenity update

Phillips said that the number of golf rounds played in June was 2100, compared to the budgeted 1800; grill sales $18,628, compared to the budgeted $9,000; and the pro shop sold $13,823 in merchandize, compared to the budgeted $10,000. Public Works has installed a backboard wall at the tennis courts, Phillips announced. One outdoor pool will be open after Labor Day on Fridays, Saturdays and Sundays, weather and staffing permitting, she said.

High Speed Internet update

ISP Committee chair Dawn Wagner told those attending the Aug. 16 meeting that Spectrum, an

Internet Service provider, is continuing to negotiate with CCG Note lawyers on providing broadband services in Captain’s Cove. “I don’t have additional information on that,” she said. On the Cove’s message board, she announced that ESVBA (Eastern Shore of Virginia Broadband Authority) has “provided full engineering drawings for our community as of 7/23/2021. With this in mind, we want to provide members with options going forward now that these drawings are in hand. “The Executive Director has informed the committee that ESVBA will be applying for a VATI grant to assist in funding the buildout of our community. A letter of intent was submitted on Friday 7/23/2021 with final submission to be completed by September 14, 2021. “The grant will also be combined with available ARPA (American Rescue Plan Act) funds to supplement the grant. While this is good news, the process will be long and not guaranteed. Decisions will be made on these applications by December 2021 with anticipated funding occurring in mid-year 2022,” she said. She said that her committee has requested options to offer the community and the following have been presented: “Contact ESVBA for a quote to install fiber to your home - costs will be based upon current distances from the main trunk line and may be cost prohibitive. Costs may also vary if previous installations leading to your home have already been completed. Length of time until install will be consistent with the current workload of ESV” “Form a micro-community and obtain a quote to install fiber to participant homes - costs will be based upon current ESVBA micro-community parameters and may offer lower install costs. Length of time until install will be consistent with the current workload of ESVBA. “Wait for ESVBA to complete application processes for grant funding and IF obtained, obtain install quotes after infrastructure is completed by ESVBA throughout the community. Estimated timeframe for this option is approximately 1-3 years from the time of grant award.”

Short-term rentals

In response to a question from property owner Larry Berger, Security Director Joe Costello said there currently are 36 short-term rentals in Captain’s Cove, with 21 complaint calls received since Memorial Day. Costello said the complaints require very little actual response time for him and his staff, no more than 15 minutes per incident, with most renters and homeowners as well as rental agents cooperative in resolving issues.

Marina Club HVAC

The Marina Club restaurant was closed Aug. 14 because of high temperatures and a faulty HVAC unit, Phillips reported during the Aug. 16 meeting. The facility was reopened the following day and has remained open, but Phillips said the HVAC unit will need to be replaced. It’s on order.

42 Ocean Pines PROGRESS September 2021

Cove starts process of replacing aging Town Center buildings

Hearn says it makes no sense to spend resources on facilities that date back to the 1970s, and that building new can be done without increasing the annual dues By TOM STAUSS Publisher he Aug. 23 meeting of the Captain’s Cove association’s Board of Directors will go down as the moment in time when community decision-makers started the process of transforming the aging Town Center complex. Cove President Tim Hearn started the conversation by noting that Repair and Maintenance Manager Jimmy Giddings recently had been “looking for dollars” for improvements to the Town Center area. Hearn said his reaction to that is that’s it doesn’t make sense to invest a lot of dollars into repairs to aging facilities but to replace them, now that they’re more than 50 years, worse for wear and past their useful shelf life. He said the golf pro shop and grill building are built on pilings that cause them to sway because the pilings aren’t anchored to bedrock. The popular grill lacks enough seating to accommodate demand, and the cart barn occupies the space in the Town Center campus with the best views of the golf course. He also said the newer Community building, which dates back to the 1980s, also is past its shelf life. “We’re at the point where they need to be torn down and replaced,” he said. Hearn suggested a plan in which Senior General Manager Colby Phillips will head up an effort by her team to meet with as many people in Captain’s Cove to get ideas for a new Town Center complex and then work with an architect to come up with a site plan and design for new buildings, including golf pro shop, a cart barn, grill and community meeting area, leaving the outdoor pool where it is. “I would like to bring the Property Management team all under one roof,” he added. When Director Andy Zubco suggested a plan to revamp the entire

Town Center campus, Hearn readily agreed. He said the process could lead to the hiring of a contractor to raze the old buildings and start building replacements by the fall of 2022, with construction to occur over a six-month period. The golf course and Town Center pool would remain open during this period. In response to a question from property owner Larry Berger, Hearn said he did not envision this project requiring an increase in the $1400 annual lot assessment paid by Cove property owners. He estimated the cost of new buildings in the $1 million to $1.2 million range.

Praising Colby Phillips

Hearn went out of his way to praise Senior General Manager Colby Phillips for her efforts that led to the county’s Board of Supervisors approving 24-7 emergency medical services at the nearby Greenbackville fire station by June of next year. “You accomplished in six months what hadn’t been done before,” he told Phillips. “Your efforts were outstanding.” Later, he commended her for her tireless efforts with more than 20 iterations to produce a 2021-22 budget for the Cove association, diving into the minutiae with department heads. “Anyone who believes she didn’t bring a lot of financial and budgeting expertise to the table is simply wrong,” Hearn said.

Budget draft presented

Hearn presented the proposed budget for 2021-22 during the meeting. It calls for about $6 million in spending and anticipates a $323,000 operating surplus. It’s available for review on the Cove Website. It calls for a $15 per hour floor for all hourly employees, spends about $500,000 on golf course main-

tenance, budgets food and beverage conservatively because of renewed concerns about covid, particularly the Delta variant, and raises annual dues from the current $1200 to $1400, as had been announced earlier this year. The budget will be presented again for approval by the board at a September board meeting. As part of drafting the budget, Hearn mentioned that the team had to arrive at an accurate number of active dues-paying lots. Of the 4,979 platted lots in the Cove, 476 are classified as bad debt, leaving 4,503 potential assesment lots. That’s down from more than 1,000 delinquent lot “when I first got here,” Hearn said. Of those 4,503 lots, the Cove association owns 726, CCG Note owns 1,296, and CCG Land owns 11, Hearn said. None of these lots are subject to the annual assessment. That leaves 2,470 lot owners available to pay for Cove operations.

Message board axed

On a recommendation by Hearn with the support of the management team, the Cove board voted to remove the Message Board functionality from the Cove Web site. Hearn said there are other avenues for community input, including the member forum during board and GM Meetings and the Cove Facebook page. Director Pat Perino suggested that the board also consider adopting a strategy for coming up with a replacement to the message board. The Cove’s digital technology committee will be asked whether it is willing to involve itself in helping to come up with a strategy to replace the message board. Larry Berger, a frequent poster to the message board, objected to its elimination, arguing that the action amounted to censorship of views contrary to the prevailing sentiment

CAPTAIN ‘S COVE on the Board of Directors. He said alternatives to the message board are inadequate. Hearn responded that it’s not censorship if there are other avenues available for free expression, adding that the Message Board often contains erroneous or duplicative information and that staff time is used up correcting bad information. Not mentioned during the meeting was that Hearn recently told staff to remove Berger’s posts from the site because Berger, according to Hearn, had “defamed” Captain’s Cove in a post about water quality in the canals. The offending quote: “Likely to be mentioned right after the advisory about the canals and immediate coastline of the Cove being condemned for shell fishing by the Commonwealth and cluing ‘em in about everything from this community that runs off/leeches directly into those waters including all the golf course chemicals, road scum, boat gas/oil/entrails/potty dumpings, and whatever the current amount is from the increasing number of failing septic systems.” Hearn told the Progress there are no failing septic systems along the canals because all canal-front homes are on public utilities. Hearn added that the state bans shellfishing in the canals because of a rule that that prohibits shellfishing in waterways where dredging occurs. Swimming and fishing off piers in the Cove are legal, he said.

Pier signage approved

The board during the Aug. 23 meeting authorized staff to work with homeowners who want to prohibit swimming or swimming off piers that they own with what Hearn called “attractive, standard signage” that could be posted on private property. No trespassing signs could also be added on private property, and Hearn said staff could design signage that could be posted along common area bulkheading in the Cove.

More speed bumps

Hearn disclosed that the staff is recommending that the Cove proceed with Phase II of speed bump installation in the Dock Court, Castaways Drive and Doubloon Drive areas along Captain’s Corridor. Phase I has already been completed consistent with a Traffic Group report dating back to 2017. u

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Food and Beverage Manager Phillips Evans will be leaving the Cove for a job in Florida, Hearn announced, praising the long-time employee for his work ethic and years of service to the Cove. He suggested that there should be plenty of applicants interested in taking over the position.

Land Bank opportunity

Hearn announced a Land Bank program for those who own unbuildable lots in Sections 1, 7 and 10, administered through the Army Corps of Engineers. The somewhat complicated concepts allows owners of unbuildable lots in these sections to set aside these lots for public purposes, with the Army Corps then allowing owners of buildable lots in these sections to pull expedited permits from the Corps for $9,500. In turn, the Corps will distribute proceeds from the permits to the owners of the unbuildable lots on a pro-rata basis, Hearn said. “I don’t know if there will be a land rush” caused by this program, which he said is federally regulated and complicated.

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Board election

Ballots will be sent out shortly to fill three seats on the Board of Directors, currently filled by Hearn, Michael Glick and Jim Silfee. All three are running for reelection. Shannon Wright is not running for a new term as a board alternate. Other candidates running for the board are Louis Kousouris and Frank Haberek, who are also candidates for board alternates. There was a brief candidates forum after the board meeting, with the three incumbents all saying they wanted to continue the solid progress the Cove has made since their board service began.

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44 Ocean Pines PROGRESS September 2021

OPINION

COMMENTARY

Quick resolution to Farr vs. OPA best outcome The following letter was sent to Anthony Dwyer, the lawyer for Ocean Pines Association’s insurance company in the Richard Farr vs. OPA election eligibility case, last month shortly after the Board of Directors was given notice of the case. He didn’t respond. Mr. Anthony D. Dwyer, Esq. Eccleston & Wolf Virginia Office 10400 Eaton Place Fairfax, Va. 22030 Dear Mr. Dwyer: I am writing to you today in the case of Richard Farr vs. OPA, as I understand you have been retained by the Ocean Pines Association’s insurance company to represent the interests of the OPA in this case. I am an Ocean Pines property owner, and have been since the 1970s. I also have been publishing the Ocean Pines Progress, a monthly publication covering the affairs of the OPA. [www.issuu.com/ oceanpinesprogress], since 2004. Although you may feel you have no choice but to represent the Board of Directors in this case, or more particularly the Board secretary, who made the decision to disqualify Mr. Farr as a candidate in this summer’s OPA election, I believe the interests of OPA members would be better served if you would take a broader, more independent view of your role. The interests of Ocean Pines members in my opinion would be best served if you proceed in this case with the understanding that the views of a board majority may not coincide with the views of a large number of OPA members. Please visit the Get Involved Facebook Page for a flavor of how our community feels about the 11th hour disqualification of Mr. Farr by the OPA secretary, with a board majority complicit. In addition, the attorney hired by Mr. Farr in this case, Mr. Bruce Bright, whom I believe you’ve met via a Zoom scheduling conference, has presented a compelling case for why a beneficiary of a trust is, in Maryland law, considered a equitable owner of property and, under the Declaration of Restrictions applicable to the residential section in which Mr. Farr resides, a property owner entitled to the same rights and privileges as any other property owner, including the right to run for the Board of Directors. If you become convinced as many of us have that Maryland law is on the side of Mr. Farr -the judge in issuing the temporary injunction has called his case facially meritorious -- I urge you to work out a settlement that will quickly allow the election to proceed with all four previously certified candidates, including Mr. Farr, included in the vote count. It is not in the interests of OPA members to have this unfortunate situation fester in the courts for months if not longer, incurring legal

expenses not covered by our $25,000 deductible. The expense of this case is being borne by 8,452 property owners, not just the elected Board of Directors. It is not in the interests of OPA members to be represented by directors whose terms should have expired at today’s annual meeting, Aug. 14. Although I’ve seen a provision in state law that seems to extend board terms to when replacement directors are certified, our by-laws are somewhat conflicted, setting forth two conditions for board service: a three-year term AND election of a duly elected and certified replacement. I’m not convinced that a term under the by-laws can be extended unless both conditions are fulfilled -- the verbiage is AND not OR, but I suspect in the end state law trumps a poorly drafted OPA by-law. Even so, the intent of the by-laws clearly is for three-year terms, and already our directors are serving longer than that. It is not in the interests of OPA members to have the community riven by uncertainty and political division. Moreover, I believe we have reached the current state because of errors in judgment and procedure by our secretary and board majority that reflect poorly on us as an association. The sooner we can put this unfortunate matter behind us, the better. You can be a facilitator of an expeditious resolution. Here are the errors of judgment and procedure that I believe you should consider in deciding whether to settle this quickly in collaboration with Mr. Bright or battle it out in court: 1. The Board secretary certified Mr. Farr as a candidate for the Board by the deadline in the by-laws, even after identifying the trustee vs. beneficiary issue before making the determination he was a qualified candidate. By her own admission she checked land records in Snow Hill, perhaps confusing Mr. Farr with his namesake father on certain documents. She later said she had made a mistake in her determination, which, if Mr. Bright’s reading of state law indeed is the correct one, would be another mistaken judgment. Mistake or not, she made her determination by the deadline in our by-laws. Our by-laws do not provide for any do-overs once a candidate’s eligibility is determined by the only individual vested with the right and obligation to do so. 2. Two weeks before the completion of the election, well after ballots were sent out with Mr. Farr as a candidate, and presumably after many property owners voted for him, the OPA secretary determined Mr. Farr was ineligible to run. This determination should strike any reasonable person as unfair to both the candidate and his supporters in this election. Unfair or not, our by-laws do not give the OPA secretary the authority to reopen a candidate’s eligibility once it has been determined by the deadline set forth in the by-laws.

3. The Board of Directors improperly involved itself in the decision to continue with the election excluding Mr. Farr’s votes, voting 5-1-1 in a special meeting July 31 to remove his votes from the count. There is no provision in our governing documents giving the Board the authority to do this. No officer of the association nor the Elections Committee has this right. 4. Early in that special meeting OPA President Larry Perrone said that Mr. Farr couldn’t speak at the meeting because he was not a property owner. This statement was later determined by OPA Counsel Jeremy Tucker to be in error and Mr. Farr was allowed to speak. I would go further and suggest it was a condescending and discourteous comment to make to a property owner who had already gone to considerable time and expense running for the Board. 5. Roberts Rules of Order [Article VIII, 46. Voting] set out a procedure for counting votes of persons that are considered ineligible, as follows: “Votes for ineligible persons and fraudulent votes should be reported under the heading of ‘Illegal votes,’ after the legal votes ... The names of the candidates should be arranged in order, the one receiving the highest number of legal votes being first. In reporting the number of votes cast and the number necessary for election, all votes except blanks must be counted.” The board ignored this procedural requirement as spelled out in Roberts Rules when it voted to exclude Mr. Farr from the ballot count. 6. Shortly after the Board made its decision in the July 30 special meeting, Bruce Bright sent a letter to the OPA Board via Jeremy Tucker outlining Mr. Farr’s legal position respecting his right to continue as a candidate. Mr. Bright succinctly and powerfully makes the case for why Mr. Farr is a qualified candidate for the Board: “My understanding is that, on or about July 29, 2021, the Board was provided a letter from Alexander M. Pagnotta, Esq., as co-signed by Mr. Farr and his sister, Lisa Marie (Farr) Donahue, as well as copies of pertinent Trust instruments for the “Farr Living Trust” (“the Trust”). I assume you have been copied with all of that. “The letter from attorney Pagnotta and the Trust instrument establish that: 1) Mr. Farr is (and has always been) a beneficiary of the Trust; 2) Mr. Farr resides (and has since 2019 resided) at 21 Bird Nest Drive (“the Property”); 3) Mr. Farr is presently a Trustee (with his sister) of the Trust; 4) the Property is and has for many years been titled in the Trust; and 5) before becoming a co-Trustee upon the death of his mother, Mr. Farr was for many years a formally named and designated successor trustee under the express terms of the Trust instrument(s). Additionally, Mr. Farr has for some years been the caretaker of the Property in all material respects and has been personally paying OPA dues for the Property since 2019. u

OPINION “The Ocean Pines Charter and Declarations (including the Declaration for Section 6, in which my client’s Property is located) expressly recognize equitable ownership (as well as legal ownership) as constituting “ownership” for purposes of OPA membership and therefore qualification to serve as a Director and become a candidate for that office. Maryland law has long recognized Trust beneficiaries as having a beneficial/ equitable ownership interest in property forming the Trust corpus. See Moonridge Court Trust v. Corder, 2017 Md. App. LEXIS 429, at *23 (2017) (citing and quoting 90A CJS Trusts §579 (2010)) (trust beneficiaries have an equitable or beneficial interest in trust property); Gadekar v. Phillips, 30 Md. App. 715, 724-725 (1977) (same). See OPA By-Law sections 1.07, 2.02, 5.02; OPA Charter Article Sixth, §1; Section 6 Declaration, §3.A. and §12.A.” -- Bruce Bright The Board has ignored this compelling legal argument, instead relying on the advice of at least two trust attorneys who contend that a beneficiary of a trust is not a legal owner because he or she doesn’t control the asset, or for other reasons. It is an error in judgment to implicitly if not explicitly reject this succinct and powerful argument. 7. After the Court issued a temporary restraining order halting the vote count, the Board conducted a Special Meeting Aug. 9 in which a motion was offered by Director Doug Parks to rescind the action at the July 31 meeting removing Mr. Farr from the vote count. Mr. Parks did not attend the meeting because of the death of his mother the day before. The motion to rescind previous Board action on this issue failed 2-3 with one abstention. Another motion to restart the election with eligible candidates included on the ballot was ruled out of order by Jeremy Tucker. The Board erred in failing to rescind its earlier incorrect decision, thereby perpetuating the original error. 8. After this Special Meeting, the Board met in closed session with no announcement to the membership, presumably to discuss the way forward since shortly before the meeting the OPA was formally served notice of a lawsuit by Mr. Farr. The Maryland Homeowners Association Act allows closed meetings to receive legal advice but the failure to advise the membership of the reason for the closed meeting, and to vote formally to close the meeting, in my opinion violates the letter and spirit of the HOA Act. In addition to Mr. Bright’s succinct summary of state law as it relates to a trust beneficiary having a beneficial/equitable ownership in the trust corpus, and OPA governing documents recognizing an equitable owner as an owner of property in Ocean Pines, I would ask that you consider the following in making your determination on the wisdom of reaching an expeditious settlement with Mr. Bright: 1. I chatted with Jeremy Tucker after the Aug. 9 special meeting, and he seemed to recognize the legitimacy of a trust beneficiary as an owner of property in Ocean Pines. He was suggesting other language in our governing documents speci-

September 2021 Ocean Pines PROGRESS 45

Rick Menard

Either someone is an owner of property of Ocean Pines as of Jan. 1, and therefore eligible as a candidate of record later that year, or not. There is no “in between” second class ownership category in our governing documents. To suggest otherwise would be legalistic hair-splitting .... fying a candidate must be an “owner of record” as of Jan. 1 to be a candidate for the Board, as if there might be some sort of distinction between an “owner of record” and an ownership by virtue of being a trust beneficiary. I didn’t sense a whole lot of confidence in that suggestion, more like he was trying it on for size, but perhaps I was misreading his body language. I told him that “distinction” struck me as a distinction without a difference. Either someone is an owner of property of Ocean Pines as of Jan. 1, and therefore eligible as a candidate of record later that year, or not. There is no “in between” second class ownership category in our governing documents. To suggest otherwise would be legalistic hair-splitting and, in my view, fairly laughable. 2. In the statement issuing the restraining order and temporary delay in the vote count, the Court found some merit in the eligibility argument raised by Rick Farr and his attorney. This from paragraph three of the restraining

order: “The Court finds that, in the absence of immediate injunctive relief as set forth herein, harm may result to the integrity of the election results that will be irreparable in that: if the election proceeds unabated during the pendency of this case, by the time the issues in this case (which the Court finds to be facially meritorious) have been fully and finally adjudicated, and in the event Plaintiff’s claims are sustained or partly sustained, the election results will have already been certified and publicly announced, votes for Plaintiff will not have been counted or included in the vote count, voters having cast vote for Plaintiff will have been disenfranchised, and purportedly elected candidates other than Plaintiff will have been already confirmed as Board members and perhaps Officers.” The term “facially meritorious” in my view indicates a presumption favorable to the Farr/ Bright position. Although I have no doubt the Court would fairly consider any argument contrary to the Farr/Bright case should this case proceed to the next level, I think the wording in the preliminary injunction could be fairly construed as an invitation to the parties to work out an expeditious settlement out of court. I conclude by saying: Please make every effort to make that happen. I would say that the Ocean Pines community is counting on you, no pun intended. The sooner we can conclude this election, the better. The OPA’s promotional slogan in this Election has been that every vote counts. Somewhat ironically, the Board’s actions suggest the contrary. ~ Tom Stauss

46 Ocean Pines PROGRESS September 2021

LIFESTYLES

Gilmore receives 2021 Sam Wilkinson Award

Anglers Club flea market Sept. 18

The Anglers Club of Ocean Pines will be hosting its first Fishing Flea Market at the Ocean Pines Community Center’s Assateague room on Saturday, Sept.18, from 10 a.m. to 4 p.m. Admission is free. Tables are available for $10. To reserve, contact Jerry Leuters at 240-427-8929.

Pine’eer shop offers sidewalk sale Sept. 3-5

The Pine’eer Artisan Gift Shop will offer top-quality handmade items at bargain prices during the second annual Sidewalk Sale, Sept. 3-5. Gift Shop Co-Manager Kimberly Perrone said the event is made possible through the generosity of local crafters, who willingly reduce their regular prices for the sale. “Shoppers will find unique, quality handmade items at discount prices,” she said. “That includes crocheted items, wood crafts, pottery, children’s clothes and accessories, ladies’ hand-crocheted and beaded trimmed socks, nautical items, Christmas items, pillows, and jewelry.” The Pine’eer Artisan Sidewalk Sale will be held outside, in front of the Pine’eer Artisan Gift Shop in White Horse Park. The shop will also be open during the event. The Sidewalk Sale is scheduled to run Friday, Sept. 3 from 5-8 p.m., Saturday, Sept. 4 from 8 a.m. to 3 p.m., and Sunday, Sept. 5

Pickleball tournament coming to Ocean Pines

A three-day pickleball tournament is scheduled for the Ocean Pines Racquet Center on Oct. 22-24, including a money bracket with a $1,250 prize purse. Tournament Co-Director Darryl Noble said the event is likely the first pickleball tournament with cash prizes ever held on the Delmarva Peninsula. For the tournament, singles and age 60-plus mixed doubles matches are scheduled Oct. 22, men’s and women’s doubles are scheduled Oct. 23, and mixed doubles are scheduled Oct. 24. The money bracket for players under 50 is scheduled Oct. 23, and the money bracket for those 50 and older is set for Oct. 24. The prize purse is $375 for gold (first place), $160 for silver (second place) and $90 for bronze (third place). The money bracket is open to any combination of genders and skill levels. For general play, each grouping category – men’s, women’s and mixed – will include four skill-level brackets: 3.0, 3.5, 4.0 and 4.5/5.0. The minimum skill level for the tournament is 3.0, and tournament directors will set age and skill-level brackets about three weeks prior to the tournament. The registration fee, due by Oct. 1, is $35, plus $10 per event. Money brackets are $30 per event. Food, beer and cold beverages, ice cream and snowballs, and other vendors will be onsite during the tournament. The tournament is outdoors only, and no rain date is scheduled. No refunds or credits will be given in case of a cancelation. To register online, visit https://app.pickleballden.com/external-tournament/8732201. Organizers are also seeking sponsors for the event. Gold level sponsors, $500, will receive large banner advertising for one year at the Ocean Pines Racquet Center, an onsite advertising location during the event, public appreciation announcements during the tournament weekend, press exposure in news releases and social media posts, and five complimentary giveaways. Silver level sponsors, $250, will receive banner advertising at the Ocean Pines Racquet Center, public appreciation announcements during the tournament weekend, press exposure in news releases and social media posts, and two complimentary giveaways. For more information, contact Tournament Co-Director Darryl Noble at 717-873-4743 or DANoble54@gmail.com, or Tournament Co-Director Cathy Noble at 410-302-9320 o CMZNoble@gmail.com.

Volunteer honor recognizes longtime Veterans Memorial Foundation president

n a memorable moment during an otherwise abbreviated annual meeting Aug. 21, Marie Gilmore received the 2021 Sam Wilkinson Award for volunteerism. She’s the current president of the Veterans Memorial Foundation. Since 2003, the award has recognized local people who dedicate their time and talents to help others. Donahue said this year she looked outside of the department and found her volunteer of the year “at one of our most beautiful parks in Ocean Pines, the [Worcester County] Veterans Memorial.” Donahue, in a stirring and emotional speech, highlighted Gilmore’s many contributions to the community, after moving to Ocean Pines from Rhinebeck, New York, in 1995. “Always being interested in volunteering in her community, she joined the Women’s Club of Ocean Pines,” Donahue said. Gilmore served three years as club secretary and two years as club president.” Donahue said Gilmore also volunteered in Ocean Pines with the Garden Club, Craft Club and Boat Club, and locally with the American Legion Post No. 166 Auxiliary, and the Ocean City Parrot Head Club. While serving on the Ocean Pines Recreation and Parks (advisory) Committee, she co-chaired the successful fundraising effort to build a skate park in Ocean Pines. She became a board member of the Veterans Memorial Foundation in 2005, held the position of secretary for two years and president nine years. She helped set up the foundation’s education program for all fifth graders in Worcester County. She also led programs, events and exhibits including Patriots’ Pathway, Flags for Heroes, Wreaths Across America, the POW/MIA tribute, and the Battlefield Cross. Last year, Gilmore led the effort that brought the national “The Wall That Heals” program to Ocean Pines. In response to a request by Donahue to show their appreciation for Gilmore, the crowd inside the community center rose to a standing ovation, and a tearful Donahue greeted Gilmore as she came to the

Marie Gilmore, left, is congratulated by Parks and Recreation Director Debbie Donahue after receiving the 2021 Sam Wilkinson Volunteer of the Year award.

podium to accept the award. “I will accept this award – it has my name on it, but it’s really the Veterans Memorial Foundation who deserves this award,” Gilmore said. “There is nothing that I have done that I would have been able to do without the backing of a fabulous board of directors, and we’ve had many, many volunteers throughout the years serving on our board and we have a wonderful board right now.” She also cited the consistent backing of the Board of Directors of Ocean Pines over the years.

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

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September 2021 Ocean Pines PROGRESS 47

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48 Ocean Pines PROGRESS September 2021