Marina Expansion Opponents Move Forward
OPA Board Candidate Janet Kelley to be symbolic first signature on petition

by Joe Reynolds

Things are heating up on the Swim & Racquet Club marina expansion opposition front.

Ocean Pines resident Charlie Herpen, one of the leaders of The Ocean Pines Against the Marina Group (OPA Marina Group) attempting to put the expansion to a referendum vote, says petition forms for signature will be mailed to approximately 3,500 non-resident lot owners tomorrow.

Locally, the group plans to canvas Ocean Pines door-to-door seeking signatures. The group will need about 900 signatures to force the issue to referendum. The opposition group has thus far raised about $9,000 in contributions for expenses related to the petition drive. OPA Board candidate Janet Kelley is scheduled to sign the symbolic "first signature" on the petition drive.

Herpen's group retained legal counsel to work on wording and process of the petition drive. Apparently OPA tried unsuccessfully to place some roadbloacks in the group's path in terms of petition wording. For example, OPA wanted wording to state that signers had to certify under penalty of perjury that they were the owners of a lot in Ocean Pines, and wanted to require both husband and wife to sign if a property was owned jointly. Neither of these requirements are in the OPA By-Laws, and neither were required in the only successful petition-to-referendum drive to date.

There has only been one similar petition-to-referendum drive in the past, and it was eventually passed on referendum by the property owners. The successful referendum changed the By-Laws to require a referendum for any change in the By-Laws. Previously the OPA Board of Directors could change the By-Laws by a two-thirds vote.

OPA records indicate the board received a letter on April 19, 2000 from Judy Boggs, then president of the Ocean Pines Civic Association (OPCA), addressed to then OPA President Tom Cetola. The letter included attachments of 229 pages of petition forms signed by 1,057 lot owners. As a result of the petition, the 2000 OPA Board election ballot contained a referendum question on the By-Laws change and it was passed -- 1,901 votes YES and 1,694 votes NO.

Ocean Pines By-Laws state the following in regard to referendum:

Section 4.09.  Referendum Issues.  Issues for referendum action may be proposed by the Board of Directors or by the filing with the Secretary of the Association of a petition signed by voting members in good standing representing at least ten percent (10%) of the total voting units.  Within sixty (60) days after action of the Board of Directors proposing a referendum or the filing with the Secretary a petition meeting the requirements of this Section 4.09,   the Board of Directors shall hold a hearing on the proposal at a special or regular meeting of the Board of Directors, provided that notice of the hearing has been given in a publication distributed by the Association to the membership at least fifteen (15) days prior to the meeting.  A mail ballot will be submitted to all voting members not later than fifteen (15) days following the hearing and requires a majority affirmative vote of the total votes cast before the proposal shall be come effective.  Any proposal so presented shall contain an explanation of the proposal and a statement of position by the Board of Directors.

7/11/2005