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Odenton development raises conflict of interest accusations

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HomesInAnnapolis.com

Annapolis

Annapolis
Published August 17, 2008

A housing development planned for a rural stretch of Patuxent Road has sparked accusations that the leadership of the Greater Odenton Improvement Association improperly handled a possible conflict of interest.

Nancy Morton and her husband, Robert Morton, said during a public meeting on Aug. 6 that fellow board member Ray Hodgson acted improperly by voting to have the association write a letter supporting the rezoning of land for the development.

Mr. Morton said Mr. Hodgson, who used to own part of the land but sold it to the developer, would benefit by receiving a final payment in the sale if the property was rezoned.

Mr. Hodgson disagrees. At a special board meeting Friday evening, he said he had nothing to gain and that he acted properly, transparently and revealed his ties to the developer months before the civic group's vote.

The association bylaws do not have rules for conflicts of interest issues.

The association board had earlier voted to support the rezoning of land that developer Narragansett Homes wants to use for the new, unnamed, 31-home neighborhood off of Patuxent Road. Some of that land used to belong to Mr. Hodgson, who moved two years ago from his house there.

And Mr. Hodgson stands to gain through that rezoning, Mr. Morton and others said.

Mr. Hodgson agreed to sell his 1.13 acres of land to the developer for $2.5 million. But people familiar with the deal said only $1.5 million was paid up front. The remaining $1 million would be paid only if the land was rezoned from R2 to R5 zoning, a change that would allow the builder to put in more houses.

But Mr. Hodgson denied that his land was sold this way. He said his final payment for the property is not contingent on any rezoning, he gets paid the final $1 million when the project is finished, no matter what is eventually built.

And e-mails between the association board members show that Mr. Hodgson disclosed his relationship with the developer about six months ago.

"I don't get any more money from a rezoning. . . . I could care less if he builds townhouses, mansions or three story (out)houses," Mr. Hodgson said Friday night.

The rezoning is important because it would determine what can and cannot be built on the land.

Some of the land is designated R2, a type of zoning that allows two units per acre. But David Lund, project developer for developer Narragansett Homes, has been trying to have it rezoned to R5, allowing more homes to be built per acre.

Mr. Lund would need approval for the county to make it happen. And he got a bit of help from the improvement association.

After a close vote by the Odenton group's board, the developer received a letter of support for the zoning change, and Mr. Lund urged some of the group's members, particularly association President David Tibbetts, to back the zoning change at a hearing before a county administrative hearing officer.

"Please let me know if you will be able to attend. As you know in cases like this, the more the better on 'for' side," Mr. Lund wrote to the board shortly before the zoning hearing.

But so far, Mr. Lund hasn't had much success in rezoning the land. After arguing before county Administrative Hearing Officer Steven LeGendre, and favorable testimony from Mr. Tibbetts, the rezoning was denied in a March 5 decision. Mr. Lund has since filed an appeal.

And the association's support for the rezoning has in itself become controversial. Patricia Laird, who lives near the proposed development, said she is concerned that if the land is rezoned the builder would put in townhouses which would in turn lower her property values. Additionally, new homes would mean more traffic on an otherwise quiet road.

She criticized the group for endorsing the rezoning without getting the opinion of people who live near the development.

"It's your responsibility to know both sides to get the whole story," Ms. Laird said.

Later in the meting, Mr. Tibbetts gave the opportunity for motions that would rescind the association's support for the rezoning, but none were made.

While there are no rules addressing conflicts of interest in the association bylaws, Mr. Morton drew attention to a letter by Mr. Tibbetts to the group's general membership.

In the letter, Mr. Tibbetts urged the group's 300 or so members to take on more leadership roles. But they were warned that "(W)e have not had formal conflict of interest rules, but if you are elected, you have a fiduciary duty to the organization."

Bruce McPherson, the group's treasurer, expressed doubts that there was a genuine conflict of interest.

"I don't believe that allegations should be made without proof," he said.

The association then later passed a resolution affirming Mr. Hodgson as a valuable member of the board in good standing.

It passed unanimously, except for the Mortons, who did not vote.

 

Reader comments: ( Post )
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3 months 6 days 19 hours ago
article on GOIA meeting
As to Ms. Laird's latest comment, the basis for my saying that the Narragansett Homes project will be good for Odenton is the presentation before the GOIA Board in Feb. 2008, the flyers given out by the developer to the neighbors, and the presentations and representations by the developer to everyone during the Board of Appeals hearing. Most importantly my repeated trips (about 6-7) to the neighborhood from February to as late as last week. As a matter of fact we do represent the collective interest of Odenton and have done so since at least 1934. While it is true that Ms. Laird was not contacted in February, she and the other opponents of the project were given about 40 minutes at our August 6th meeting to state their concerns. We were moved by that presentation to hold a special meeting of the GOIA Board on August 15, 2008, where they got about 3 hours to present their case. After almost 4 hours of review, we did not see anything that pursuaded us to change our position. FOUR HOURS IS A LONG TIME FOR A BOARD TO CONSIDER ANY ONE TOPIC. The bottom line is that Ms. Laird simply did not provide us with sufficient reason to change our position.
David Tibbetts - Odenton, MD
3 months 8 days 4 hours ago
article on GOIA meeting
I have seen some of these comments and find them very funny. Dave Tibbetts is speaking to the fact that this will be good for our community. What will? You nor the developer even know what is to be built. The developer has said $400-$500k homes will be built,but have they submitted anything to the County? The answer is no. This developer has spoke of condo associations and townhomes to me when he was trying to buy our house. We heard it all. As Ann Walls has stated that what I said was not true. I didn't find out about this group GOIA, until July. I sat in 2 meeting where it was never mentioned this board member in question did not know of the vote. Had that been said, that question would have never been raised and we would have concentrated more on the fact they are backing a project which has yet to be determined. My statement was they claim to represent Odenton, I am a resident of Odenton, so are my neighbors, we were never contacted or even considered in this vote. Ann Walls which I did not mention before is the person who said she tried to contact the neighbors. When I question her, she is the one who said she called 1 neighbor and then didn't even speak to them. Seems everyone's jumping on the BRAC train. Has anyone considered half of these people
Patricia Laird - Odenton, MD
3 months 12 days 7 hours ago
First Mr. Hodgson has not done anything wrong. The vote that Mr. and Mrs. Morton are referring to was a proxy vote I cast along with another Board members and my own. That is correct Mr. Hodgson was not even there. Also Mr. Hodgson had no prior knowledge this was going to be a topic of conversation and gave no conditions with his proxy therefore I could vote it anyway I would like. As it turned out with or without the proxy of Mr. Hodgson the vote would have been the same to support the development because it fit in the Comprehensive Plan of the County and the Odenton Small Area Plan which was the criteria we looked at. As to what makes us qualified to speak to these issues our Board is made up of two former members of the Small Area Planning Committee Joe Gorman and Dave Tibbetts, two members of the BRAC Planning Task Force Bruce MacPhearson and Dave Tibbetts, two member of the Odenton Town Center Committe Joe Gorman and Bob Morton. Other members of our Board are long time residents and hold positions in other Community Organizations. The letter sent in support never mentioned or inferred that we were speaking on behalf of the property owners surrounding the property in question. The decision was not based on one phone call and the presentation of developer as Mrs. Laird has concluded that is just not true. The article states that Mr. Tibetts had spoke before Hearing Officer LeGendre March 5th which he did not. As for the comment we have seen this before that compares the GOIA to the GCC from Peter V. the GOIA Board does not place our own personal interest before the community it represent and I suggest you be more careful before you publicly libel an organizations board. The MOU you are referring to was signed by a past President without the concent of the board and was immediately revoked. Please check your facts first. Ann Walls, GOIA Board Member
Ann Walls
3 months 12 days 17 hours ago
GOIA & GCC MOU
This whole subject of the MOU is getting rather old. As was widely reported at the time, then GOIA President Harry Sinclair signed the agreement on behalf of GOIA without Board authorization or agreement. When the Board found out about it, we officially repudiated it, precisely because it was against the interests of Odenton. Nobody seems to want to remember that part of the story. As to the rest, the GOIA Board sees the N. Patuxent Road project as being a positive addition to Odenton, whether you (Peter V.) wish to believe it or not. For all of the questions about the project, and the allegations flying about, it will be a good thing for Odenton. BRAC is comming fast and furious. David Alan Tibbetts, President, GOIA
David Tibbetts - Odenton, MD
3 months 13 days 5 hours ago
We've seen this before
It seems that some past and present board members of both GOIA and GCC put their own interests ahead of the communities they represent. Remember the landfill and the M.O.U.? The GOIA web site states "to provide an effective voice for the community" as one of its purposes. Perhaps it would be more accurate to change that to, "to provide an effective voice for a small group of friends and associates".
Peter V. - Odenton, MD
3 months 14 days 19 hours ago
article on GOIA meeting
Some info in this article were incorrect.I am Patricia Laird from thid article.The developer is Dan Lund not David Lund.Mr. Hodgson never stated he was to receive any monies at all in the meeting,he stated he had been paid in full and was to receive no further money.He asked Mr.Lund directly if he was to be paid any further monies,Mr. Lund stated no!I live directly next door to this project.My question before the board was if they were going to back this project,which isn't clear what the project is,except trying to re-zone it from R2 to R5,they should know what they are backing and how the residents surrounding the property feel.I was told GOIA did not need to do so,they represent greater Odenton,not just 1 street.This 1 street;However,is the street for which this project is taking place.In this letter they wrote to backing this developer they said they thoroughly review this project.Thorough review would be knowing what the project is,asking the neighbors it's affecting how it will be affect them.No letters were sent out,no notices of this group or meetings were posted,no one spoke to any neighbor.Their version of thoroughly reviewing was 1 board member called 1 person on the street,whom they never spoke to,yet they let the developer pitch his line and backed him.If a group is to represent my area where I live,I would hope they would take the people for which live in this area into consideration.I was led to believe my family doesn't matter we are just 1 family on 1 street in Odenton who may be adversely affected as many of my neighbors have expressed fear of.I was told times are changing.I'm in favor of change and progress,but not to the detriment of my family and neighbors.I am a strong proponent of positive change,it seems everyone else just wants to jump on the band wagon without even considering the people who will be affected the most.As far as the one readers question,the 2.5 million was paid for a clump of houses that equaled 9.16 acres not 1 acre.
Patricia Laird - Odenton, MD
3 months 15 days 3 hours ago
numbers?
Are these numbers correct? $2.5 million seems like a lot to pay for 1 residential acre in Odenton...
Jan H. - Severna Park, MD

 

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