11/8//2005
By Bob Lassahn
The Ocean Pines Association (OPA) Board of Directors called two special meetings for November 4 at 8:45 a.m. for the stated purposes of confidential legal advice and a contractual matter. An opportunity for public comments was provided, but attendance was light and few speakers took advantage of the opportunity.
The first meeting was devoted to the single issue of drafting a letter to Charles Herpen, organizer of a grass roots effort to bring the question of constructing an expanded Swim and Racquet Club Marina facility to referendum. Mr. Herpen’s group collected about 1,600 signatures from residents and after validation by the board it was determined there were more than sufficient signers to meet bylaws requirements mandating a referendum.
Previously mute on their specific course of action regarding the potentially successful petition effort, the board finally offered a position in their letter to Mr. Herpen. The board advised it would await word on a permit application for the facility submitted to the Maryland Department of the Environment (MDE) before moving to a referendum. If the permit fails the referendum would be a moot point since construction would not be possible. In doing so the board will not hold to the time-line specified within the bylaws.
No rationale was provided regarding the board’s decision to ignore the stipulations of the bylaws but by delaying the board avoids holding an unnecessary referendum since failure in the permit process would halt any construction plans. The referendum could cost the association more than $7,000.
The board members reviewed several changes to the document before everyone was satisfied with the language and content. When the question to send the document was finally called following about 20 minutes of deliberation, President Glenn Duffy announced the final vote was unanimous. The letter will be sent under Mr. Duffy’s signature, representing the board.
During the meeting OPA General Manager Dave Ferguson provided information that the permit application is tentatively scheduled for consideration by MDE on November 30. There is some uncertainty if it will actually make the agenda for that date.
The letter to Mr. Herpen was provided to local media and is reproduced here for review. The board has left no question that they intend to move the marina question to referendum if the permit application proves successful.
The second special meeting opened with a period for public comment, then moved to closed session. The stated purpose of the meeting was for a contractual matter. There has been some speculation on OceanPinesForum.com that this matter may be related to selection of a construction management firm for the new community center to be built on the sports core property along Cathell Road.
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