Marina Debacle.... State of Maryland Says OPA Board violated By-Laws
Commentary by Joe Reynolds

When the issue of the petition seeking to force a referendum on the expansion of the marina at the Swim & Racquet Club came up during an OPA press conference last July 16, some board members joked and quipped about the language of the petition, more or less dismissing the petition and the group behind it.

The petition was eventually submitted to the OPA Board and over 1600 Ocean Pines voting units (lots) were certified to have signed the petition. The OPA Board then decided to ignore OPA by-laws and not hold a referendum on the issue in the time frame stipulated in the by-laws. Many were outraged at this Board action, but no one challenged the board's arbitrary decision.

Today, the petition group, led by Ocean Pines resident Charlie Herpen, have the last laugh, by way of a decision of Maryland Board of Public Works, a three-member group consisting of the Governor, the Comptroller, and the Treasurer, who must approve the marina expansion permit.

A letter dated May 2, 2006 from the Board of Public Works states, "The Ocean Pines Board of Directors has not complied with the Ocean Pines By-Laws, in particular Section 4.09 Referendum Issues." The letter goes on to say the marina expansion permit will not be considered unless OPA holds a referendum and community members approve the expansion.

Maybe it is time for the OPA Board of Directors to start listening more to the people of Ocean Pines who may not agree with Board decisions, treating them less like the enemy and more like partners in our community.

Below is the full text of the letter from the Maryland Board of Public Works:

State of Maryland
Board of Public Works
May 2, 2006

Glenn A. Duffy, President
Ocean Pines Association

Re: Tidal Wetlands Application 05-1403
Ocean Pines Marina Expansion
St. Martins River

Dear Mr. Duffy:

This is in response to your April 24, 2006 letter and your fax received today regarding the above-referenced Application.

As you are aware, I have received a number of letters and e-mails in opposition to the Board of Public Works hearing the proposed project. The main concern is that the Ocean Pines Board of Directors has not complied with the Ocean Pines By-Laws, in particular Section 4.09 Referendum Issues. In your November 4, 2005 letter to Mr. Charles Herpen, you acknowledged the need to bring this matter before the community members for a vote but clearly stated the Board of Directors decided to disregard the 60-day time line.

This internal matter was not brought to my attention until April 19, 2006. If I or the Maryland Department of the Environment had been made aware of of this fact at any time during the review process, that process would have been placed in abeyance. Therefore, even though I have recommended a favorable recommendation to the Board (BPW) for its review, at this time I will not place your project on the Board agenda.

In order to move this matter forward, the Ocean Pines Board of Directors must comply with the Ocean Pines By-Laws and conduct the required referendum in accordance with Section 4.09. Once this is completed, please provide proof of the community members' vote. If the proposed project is approved, I will then place an item on the Board's agenda for its review and subsequent vote.

Please call if you have any questions,

Sincerely,

Doldon W. Moore, Jr.
Wetlands Administrator