It is no secret. The relationship between the Ocean Pines Association (OPA) and the Ocean Pines Volunteer Fire Department is extremely frayed at this time. The controversy revolves around plans to build a new southside fire station. Initially, the OPVFD proposed a structure costing about $8.5 million. Then, through the efforts of OPA General Manager John Viola and several community volunteers, a new station plan was developed to meet the needs of OPVFD with an estimated cost of $4.5 million.

The rub came because the OPVFD has about $2.75 million. OPA funding of about $2 million additional would require a referendum and also raised the legal question as to whether OPA could invest that money in a property it did not own.

Negotiations over various options broke down. Viola announced publicly that his volunteer group working on a design plan was disbanded. OPVFD may just go with a rehab of that old building.

With that as a brief background on a rather complicated dispute between the parties, let's look at the contractual relationship between OPA and OPVFD.

When Boise Cascade created Ocean Pines the Declarations of Restrictions for the HOA required OPA to provide fire protection. Interestingly, those DRs did not require OPA to provide EMS services.

In 1973 some retired association members formed the OPVFD with a single, old firetruck. Eventually, there was some sort of agreement in 1975 between OPA and OPVFD to formalize the relationship and meet the DR requirement to provide fire protection. Soon after, in 1977 another agreement was signed and the 1975 agreement was rescinded. The primary aspects of that September 3, 1977 agreement remain in effect to this day. Few association members know what it contains.

The "whereas" part of the 1977 agreement says OPA "caused the department to be incorporated and has provided it with substantial financial and other forms of assistance."

The agreement says OPVFD agrees to provide "adequate fire protection" and to fulfill all of OPA's obligations to provide fire protection under the DRs.

Now comes the issue of funding in the 1977 Agreement. OPVFD agreed to seek funding from Worcester County. Should those funds and any other funds fall short of meeting "the reasonable needs" of the OPVFD, then the department can apply to OPA for "financial or other form of assistance."

The key wording regarding OPA financial assistance to OPVFD is: "The association (OPA) shall provide financial or other form of assistance to the Department in such form or amount as the Board of Directors of the Association may, in its sole discretion, deem reasonably necessary to meet the needs of the Department as evidenced in its request."

Over the years it is clear a number of sitting board members do not read these agreements. For example, one board member expressed concern that OPA had no access to the books and records of OPVFD. The 1977 agreement states: "Upon reasonable notice from the Association, the Department shall permit the Association to inspect all books, records, journals, and other accounts maintained by it."

Another agreement was signed in May 2008. This agreement allowed the OPVFD to build a new northside fire station in Whitehorse Park in return for giving up its space in the old Community Center. The 2008 agreement also reaffirmed the 1977 agreement and made no changes regarding funding.

In September 2011 the parties signed a "Memorandum of Understanding." This MOU again reaffirms the 1977 agreement but does add additional services provided by OPVFD - emergency medical services and rescue services. This was needed because the 1977 Agreement said OPA funding could only be used for fire protection.

In July 2013 the parties signed a "Supplement" to the 2011 MOU addressing replacement reserves.

Over the years, OPA has not been stingy in funding OPVFD. The proposed budget for the coming fiscal year includes a $1.3 million contribution to OPVFD. For perspective, this represents about $150 of the assessment homeowners pay each year.

For comparison, The Town of Berlin contributed $525,000 to the Berlin Volunteer Fire Department in 2023. Fire departments also receive funding from Worcester County. Berlin received $218,000 from the County in 2023, while OPVFD received $311,000.

Members of OPA are extremely satisfied with the fire and EMS services provided by OPVFD. Both parties need to get back to the bargaining table and come up with an agreement that provides adequate structural facilities at the southside station now and in the future.

The disagreement over who owns the southside station property is a non-issue for community members who simply desire the best fire and EMS service. If the OPVFD can obtain a loan for the needed funds, OPA should agree to fund the loan payments as a part of OPA's yearly budget. If the OPVFD cannot obtain a loan on its own and OPA is legally prohibited from spending $2 million or more for a structure on property it does not own, then OPVFD should turn over ownership of the property to OPA with adequate lease rights to protect the future of OPVFD.

Both parties need to do what is best for the people of Ocean Pines and stop feuding over funding and/or ownership of a needed new southside fire station. This is imperative.