January 21 2014 Complete Agenda

MAYORANDCITYCOUNCIL
REGULARSESSION
Tuesday,January21,20146:00P.M.
AGENDA
1.
CALLTOORDER PRAYERANDPLEDGE
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APPROVALOFMINUTES A. RegularMeeting#1datedJanuary6,2014 B. WorkSessiondatedJanuary14,2014 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. StandingCommitteeReports
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CONSENTAGENDA A. RequestApprovalofContractforConventionCenterTentRental B. RequestApprovaltoSolicitBidsforGrassMowingServices C. RequestApprovaltoSolicitBidsforBoardwalkArchRecoating D. RequestApprovalofBJAGGrantExpenditureforAudiovisualEquipment E. BidAwardRecommendationfor150KWGenerator F. BidAwardRecommendationforBoardwalkNetworkCameraInstallation G. BidAwardRecommendationforTennisCenterFenceReplacement H. BidAwardRecommendationforBeachEquipmentFranchise MISCELLEANEOUSREPORTSANDPRESENTATIONS A. TABFundingAllocationRecommendationsfor2014EventspresentedbyGregShockley,Chairman
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PUBLICHEARINGS ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF A. DiscussionofRefunding2004BondspresentedbyFinanceAdministrator B. ConditionalUseRequesttopermitaportionofaproposedestablishmenttoengagein brewing,similartoothermanufacturingandwholesaleestablishments,atasiteknownlocally as5509CoastalHighway Applicant:DonnaShores
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ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR COMMENTSFROMTHEPUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during CommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject onwhichheorshewishestospeak.
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MayorandCityCouncilRegularSessionAgenda
January21,2014
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COMMENTSFROMTHECITYMANAGER A. ReviewoftentativeworksessionagendaforJanuary28,2014 COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN
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REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 3 APPROVAL OF MINUTES A. Regular Session #1 dated January 6, 2014 B. Work Session dated January 14, 2014
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 4 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Standing Committee Reports
POLICE COMMISSION MEETING MINUTES OPEN SESSION January 13, 2014

PRESENT: Council President Lloyd Martin, Commission Chairperson Doug Cymek, Council Member Dennis Dare, City Manager David Recor, City Solicitor Guy Ayres, Chief Ross Buzzuro, Director of Emergency Services Joe Theobald, Captain Kevin Kirstein, Captain Michael Colbert, Lt. Scott Harner ABSENT: Mayor Richard Meehan
1. Call to Order at 9:03 a.m. 2. The December 9, 2013 Minutes unanimously approved as written. 3. Chief Buzzuro reviewed the December Crime Statistics. Officer initiated Calls for Service for December 2013 had a 17.6% increase compared to December 2012; Citizen Calls for Service had an 11.7% decrease from December 2012. Total crime for the entire year of 2013 is 12.3% less than in year 2012 and we close the year with approximately 200 less Part I (serious) crimes. 4. C.E.W. (Taser) use for December 2013 included four events with one deployment. All four instances involved intoxicated persons. No serious injuries to either suspect or police officers during these incidents. The use of C.E.W. continues to prove to be an important tool to gain cooperation/control over suspects with little to no injury sustained. 5. Lt. Scott Harner informed the Police Commission that Mr. Bryant Hungerford who was to attend the meeting today has rescheduled his TRIKKES presentation for the March 10, 2014 meeting. Lt. Harner has conferred with the Maryland Motor Vehicle Administration regarding the TRIKKE (motorized version) and it was determined that this vehicle would be defined as a motorized mini-bike under Maryland Transportation law thus prohibiting it from being operated on the boardwalk under local ordinance 90-193. Lt. Harner went on to explain that an EPAMD (commonly known as a Segway) is defined as a pedestrian under the Maryland Transportation Article and allowed to be operated on the boardwalk. A non-motorized TRIKKE would be allowed on the boardwalk under the current Town Code. It was the consensus of the Police Commission to contact Mr. Hungerford to advise him of the Police Commissions opinion that the motorized version of the TRIKKE is not suitable for the boardwalk and invite him to the March 2014 meeting for further discussion if he desires. The Razor Crazy Cut is another vehicle seen recently on the Boardwalk. This vehicle has a speed of up to 12 mph. This vehicle would also be defined as a motorized mini-bike under Maryland Transportation Article, which would preclude it from being operated on the boardwalk. 6. The Police Commission received a suggestion of installing No Profanity signs on the boardwalk as has been done in Virginia Beach. Chief Buzzuro was asked to contact the Virginia Beach Police Department to learn the impact of the signs since they have been installed on the Virginia Beach boardwalk. Meeting Adjourned at 9:30 a.m. The next meeting of the Police Commission will be held on Monday, February 10, 2014 at 9:00 AM at the Public Safety Building, 6501 Coastal Highway, Ocean City, MD 21842
Tourism Commission Meeting Minutes January 13, 2014
The following individuals were in attendance: Commission Members Tourism Commission Chair and Council Secretary Mary Knight, Mayor Rick Meehan, Councilman Dennis Dare, Councilman Joe Mitrecic; Chris Trimper , HMRA; Michael James, EDC; Gregg Shockley, MTDB. Staff members present were City Manager David Recor, Donna Abbott, Tourism Director; Larry Noccolino, Convention Center Director; Lisa Osman, Tourism Department; Tom Shuster, Recreation and Parks Director; Frank Miller, Special Events. Also present were Melanie Pursel, Chamber of Commerce; Susan Jones, HMRA and Andy Malis, MGH. Media representatives present were Zach Hoopes, Ocean City Today; and Joanne Shriner, Maryland Coast Dispatch. Mary Knight called the meeting to order at 3 p.m. She announced that we would go into a closed session at the end of the meeting to discuss next years campaign. Approval of Minutes Councilman Joe Mitrecic made a motion to approve the minutes from the December 4, 2013 meeting. Councilman Dennis Dare seconded the motion. The vote was unanimous. Ping Pong Summer Donna announced that the movie Ping Pong Summer is at the Sundance Film Festival scheduled for January 18. She asked if anyone has any ideas or suggestions on how we might promote the movie. Mary Knight suggested Facebook and other social media avenues. Mary stated that out of the top 15 films, that Ping Pong Summer is #11, which is really positive. Donna mentioned that the producers may hold a local premiere at some point and there may be other promotional opportunities at that time. Updates from other Departments & Organizations Chamber of Commerce Melanie announced the release of the 2014 Vacation Guide, which was delivered to the Convention Center and the Chamber of Commerce on December 23. She distributed a vacation guide to all attendees. Melanie thanked Donna Abbott and Lisa Osman for their assistance with getting the vacation guide completed. On Wednesday, Melanie will be meeting in Annapolis with elected officials. Her committee will be going over their top priorities for the state legislative session including support for the state tourism budget, in addition to the post-Labor Day school start date and the minimum wage rate issue. Melanie and Susan announced a grant for business training had been awarded.
Economic Development Committee Michael James announced that the next EDC meeting will be held on February 5 at the Carousel, and the Superintendent for Worcester County Public Schools will be the guest speaker. The Mayor thought it would be a good idea to have a lot of people at the meeting that support the post-Labor Day school start to express their opinion. The Mayor stated that if the post-Labor Day school start was to be put on the statewide referendum, he thinks it would win. Maryland Tourism Development Board Greg Shockley reported the task force studying a post-Labor Day school start calendar is ready to forward a recommendation to the legislature in support of Maryland schools beginning after Labor Day. School superintendents in Maryland are against the postLabor Day school start date. With any luck, by mid-February the bill will be in legislature and we can move forward. Michael James noted legislators across the state should hear from their constituents in support of the bill. HMRA Susan Jones stated that the next HMRA Board meeting will have OCPD Chief Buzzuro in attendance as a follow-up to the October meeting that he attended. The HMRA dinner will be held Thursday evening at Frescos. The HMRA Trade Show will be held on March 9-10 at the Convention Center, and Susans staff has been very busy selling booths for the show. There will be close to 400 exhibit booths in all three halls. The Food Networks Chef Steve Weiss will be doing a sugar demonstration at the show. The Red, White and Brew Stage will be located in the Dockside Hall, including culinary demos, mixology discussions and WOCMs Battle of the Beaches Orange Crush Battle. Trip Advisor is coming to do a seminar. OCDC Chris Trimper stated the State of Maryland approved the Ocean City Sustainable Community Plan. This should result in funds for some of OCDCs projects. Tourism Department Donna mentioned that the RFP for the Tourism Strategic Plan went out and was also sent to the States list of candidates who participated in their strategic plan RFP process. Donna has received some questions and some interested feedback from that list. She also sent it to the short list of finalists who competed for the Volusia County tourism strategic plan. Proposals are due in on January 28. She hopes to have a good group of submissions to review. Convention Center On Wednesday, Larry will visit the Performing Arts Center at Chesapeake Community College in Wye Mills. Now in the third month of construction and things are moving right along. The Convention Center is continuing to make upgrades to the Wi-Fi Internet system. On Tuesday, there was a flood due to a frozen pipe that busted. The entire lobby was flooded and the staff did an excellent job cleaning up. The Officer of the Year Banquet, which was being held in the ballroom, was only delayed about 30 minutes due
to the flood. Larry commented on an article that he had read in one of the local papers about Ocean Citys off-season. The article stated that Ocean City may not be a yearround resort. Larry begged to differ and stated that between September 15 and January 20, the Convention Center has only four open weekends. Recreation and Parks Tom Shuster mentioned that there will be a Super Bowl Golf Tournament on February 2 at Eagles Landing Golf Course. The St. Patricks Indoor Soccer Tournament brings 160 teams to Ocean City over four weekends. Dates for the tournament are Feb. 21-23, Feb. 28-March 2, March 7-9, March 14-16. From his perspective, things are pretty busy in the off-season. Special Events Frank Miller reported Winterfest was very busy this year. The average daily attendance was higher than 2012. He is extremely happy with those results. The New Years Eve crowd for fireworks was very successful this year and seemed to be larger than last year. The Mayor mentioned that several people approached him at the New Years Day Open House and stated how much they enjoyed the fireworks. Frank stated that his department is busy planning for Springfest. Frank distributed a Special Events Flyer to all attendees. Councilman Mitrecic made a motion to go into closed session to discuss the 2014 advertising campaign. Councilman Dare seconded the motion. After conclusion of closed meeting a motion made by Chris Trimper and seconded by Councilman Dare to request the Mayor and Council write a letter in support of Worcester County acquiring property in Showell to have more athletic fields as this would benefit the county and Ocean City in attracting sports events. The vote was unanimous. The meeting adjourned at 4 p.m. The next meeting will be held on February 10 at 3:00 p.m. in Room 214 at the Convention Center.
Recreation and Parks Commission January 14, 2014
1. Call to Order: The meeting was called to order at 4:00 P.M. at Northside Park. Present were Dennis Dare, Lloyd Martin, Joe Mitrecic, Tom Shuster, Frank Miller, Susan Petito and Ward Kovacs. Guests included Zach Hoopes, Joanne Shriner and Tom Hoffman. 2. Approval of Minutes: The minutes of November 12 and December 16, 2013 were approved as presented. Private Event Equipment and Labor Usage Procedure: Frank Miller gave an oral report on the status of development of the procedure for private event equipment and labor usage. The procedure is under further review by the staff and the Tourism Coordination Group. Marketing Activations: Fran Miller gave an update on the development of a policy to handle marketing activations. This will require further staff review. New Private Events: Tom Shuster reported that no new private events are pending. Sunset Park Use Analysis and Direction: Tom Shuster presented a report on Sunset Park Use and Direction that was developed by staff and Glenn Irwin of OCDC. Dennis Dare noted that a reference to the Bayside Boardwalk plan should be added to the list of future uses. Tom will update the report. Stand Up Paddleboards: Joe Mitrecic forwarded a request from a member of the public to consider permitting the use of standup paddleboards on the beach during guarded hours. Ward Kovacs provided some information about US Coast Guard and Maryland Department of Natural Resources laws and regulations. Stand Up Paddleboards (SUPs) are considered as vessels and may not be re-classified by municipal code. Ward provided some observations on SUP use and its impact on other users including surfboarders and swimmers. Joe related that the public member who discussed the issue with him would like to use his SUP in September after Labor Day when surfing has been designated as modified. Motion by Martin, seconded by Dare, to have OCBP develop a pilot plan for SUP use in September of 2014 subject to modified surfing regulations. Motion carried unanimously. Ward will present a draft pilot plan at the next Commission meeting. Other Business: Tom Shuster presented the draft meeting schedule for 2014. The Commission approved the meeting dates. Dennis Dare asked for some skate park use documentation. Susan reported that most of the data requested is tracked. A follow up report will be set for the February 11 Commission meeting.
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The Commission discussed the New Years Eve festivities at Winterfest this year. Frank Miller reported that he and the Special Events staff will continue to refine plans for 2014. 9. Next Meeting: The next meeting was scheduled for Tuesday, February 11 2014 at 4:00 P.M. at Northside Park The meeting adjourned at 5:05 P.M.
P:Tom/Tom/Rec & Parks Committee Meeting 1-14-2014
Sunset Park Use Analysis and Direction

Prepared by Ocean City Recreation & Parks Background Sunset Park was built on the South Division Street road bed west of Philadelphia Avenue and was opened in the summer of 2006. The park is approximately .67 acres in size and is designed as a public plaza with onsite amenities to support public gatherings and entertainment. The parks amenities include a covered outdoor stage, boardwalk, restrooms, inter-active signage and an iconic 60 foot entry tower. Parking is available at the adjacent Worcester Street Parking lot. The park was recognized as the winner of the 2006 MRPA Landscape Site/ASLA Award. The park had its official opening ceremony in September 2006. Use History The park has been programmed for activities by both the Recreation & Parks Department and the Ocean City Development Corporation (OCDC) from its opening. The Special Events Division of Recreation & Parks has scheduled summer entertainment in the park beginning 2007. That initial effort evolved into the Sunset Park Party Nights, a series of Thursday evening concerts from June through August featuring local and regional bands and the on-site sale of refreshments. This series has proven to be the most successful and enduring publicly sponsored program in the park. The Recreation Programs division also offered some youth art classes, fitness and aerobics programs in the park but these activities were later discontinued due to lack of participation. The park is also available for reservation by the public for private events. The park has hosted concerts, events, weddings and community education programs from sponsors including the National Aquarium, the Art League of Ocean City and the Ocean City Life Saving Museum.
Review of 2012 Usage Sunset Park hosted 22 public and private events in 2012. The uses included three (3) weddings, nine (9) concerts as part of the Sunset Park Party Nights series, a production of Romeo and Juliet by the Brown Box Theater Company, Childrens Day hosted by the Ocean City Life Saving Museum and seven (7) evening programs for Light Up Downtown sponsored by the Ocean City Downtown Association. Events were scheduled in the park from May through December. An effort was made in 2012 to encourage street performers to stage some events in the park by working with George Gilbert, a magician and local street performer. However, these efforts did not produce any new performances in the park as Mr. Gilbert never followed up on his original plans. Review of 2013 Usage to Date As of December 31, 2013, Sunset Park scheduled uses were comparable to 2012. The Downtown Association scheduled 6 dates in November and December for Light Up Downtown. New private uses in 2013 included a Gospel Concert in July and a Service Day hosted by the OC Worship Center in April. Options for Future Use The Recreation and Parks staff has discussed and considered future uses for the park and has conferred with Glen Irwin of OCDC. The options include: 1. Continue to provide Sunset Park Party nights on Thursday evenings in July and August as a cooperative venture between the Town and OCDC. 2. Continue to promote Sunset Park as a unique downtown venue suitable for events and programs scheduled through the Recreation and Parks facility reservation program. 3. Encourage the Ocean City Life Saving Museum and Brown Box Theatre Company to expand programming in the park. 4. Promote Sunset Park as a wedding venue. 5. Encourage the OC Downtown Association to continue and expand its Light Up Downtown programs in December.
6. Encourage the Coast Guard to host a community education day at the park. 7. Explore the possibility to conduct an Autumn Food Festival based on the model of the Crab Soup Cook off. 8. Encourage the National Aquarium to conduct programs in the park. 9. Consider a Spring or Fall movie night at the park 10. Provide funding in a future bond issuance for the pier construction at Sunset Park currently in the Towns Capital Improvements Plan. 11. Integrate the park into the Bayside Boardwalk Plan.
Approved by the Recreation and Parks Commission January 14, 2014 Current: January 14, 2014 P:Tom/Sunset Park/Sunset Park Use Analysis and Direction
Town of Ocean City Recreation and Parks Committee

Meeting Schedule 2014
Days/ Dates Tuesday, January 14 Tuesday, February 11 Tuesday, March 11 Tuesday, April 15 Tuesday, May 13 Tuesday, June 24 Tuesday, July 15 Tuesday, August 12 Tuesday, September 9 Tuesday, October 14 Wednesday, November 12 Tuesday, December 9
Location/Time NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM NSP at 4:00 PM
Approved: January 14, 2014

P:Tom/Recreation & Parks Committee/Rec & Parks Committee Meeting Schedule 2014
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA A. Request Approval of Contract for Convention Center Tent Rental
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The White Marlin Capital of the World

Agenda Item # Council Meeting 5A January 21, 2014
TO: THRU: FROM: RE: DATE:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Contract approval for Convention Center Tent Rental December 30, 2013 Request approval to amend existing contract with Select Event Group for tent rental. Due to construction activity in the Convention Center, two large tents will need to be rented to accommodate an event from April 4, 2014 through April 6, 2014. Staff requests permission to amend the existing contract with Select Event Group for Sunfest/Springfest tents to include the Convention Center event. Note: Staff solicited quotes from two other vendors: $60,319 and $57,367.52.
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION:
$45,130.52 to be paid from the Phase 2 Construction Budget. Amend the contract with Select Event Group to include tent rental for the Convention Center event. None Terence McGean, City Engineer Larry Noccolino, Convention Center Director Maryland Stadium Authority None
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA B. Request Approval to Solicit Bids for Grass Mowing Services
25166
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Agenda Item # Council Meeting TO: THRU: FROM: RE: DATE: The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Thomas J. Shuster, Recreation & Parks Director Permission to Bid Grass Mowing Services January 8, 2013 Request to continue contract grass mowing of Town properties. The Recreation & Parks Department wants to continue the practice of providing grass-mowing services in certain public properties owned by the Town by private contractor. Contract mowing began in 2011. Funds are included in the Parks FY14 Budget for contract mowing. Contract mowing has proven to be a cost effective measure that helps contain in-house labor costs. Bid opening is scheduled for February 13 at NSP. $18,000 as allocated in Parks Division budget. Authorize staff to solicit bids for contract mowing for spring, summer and fall of 2014. Return to mowing by Parks employees. Calvin Ginnavan, Parks Superintendent Tom Shuster, Recreation and Parks Director Gary Collier, Assistant Parks Superintendent None
5B
January 14, 2014
ISSUE(S): SUMMARY:
ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:
ATTACHMENT(S):
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA C. Request Approval to Solicit Bids for Boardwalk Arch Re-coating
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Agenda Item # Council Meeting 5C January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Upcoming Bid Boardwalk Arch Re-coating January 10, 2014 Request permission to open bids for Boardwalk Arch Re-coating The Boardwalk Arch paint is failing and the arch needs to be recoated. Bids for this work are scheduled to be opened at the February 11, 2014 Work Session. $40,000 to be paid from FY13 fund balance as previously approved by the Mayor and Council. Open bids for Boardwalk Arch Re-Coating at the February 11 Work Session None Terence McGean, City Engineer Public Works Department None
ISSUE(S): SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA D. Request Approval of B-JAG Grant Expenditure for Audiovisual Equipment
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Agenda Item # Council Meeting 5D January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Ross Buzzuro, Chief of Police, Ocean City Police Department B-JAG Grant Expenditure Approval January 13, 2014 Request for expenditure of grant funds to replace and upgrade existing audiovisual recording capability of the Police Departments two (2) Interview and Interrogation rooms located at the Public Safety Building. On October 1, 2013, the Agency received a Byrne Justice Assistance Grant (B-JAG) from the Governors Office of Crime Control and Prevention (GOCCP) for the express purpose of upgrading our current interview room recording equipment. The Maryland Criminal Procedure Article 2-402 requires that Law Enforcement Agencies make reasonable efforts to create an audiovisual recording of a custodial interrogation of a criminal arrested for serious crimes whenever possible. Professional Best Practices also indicate that agencies should record all criminal interrogations whenever possible. The Police Department has two dedicated Interview rooms located in the Criminal Investigation Division that have been outfitted with audiovisual recording equipment. The equipment is non-standard, hard to use and highly unreliable. One of the rooms recording equipment no longer works at all. In the last year at least two recordings were lost due to a system crash.
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
The total cost of the upgrade, $16,140, will be covered by grant funds with $0.00 cash or in-kind matching by the Town. Beginning in year two of the installation, the Town could elect to continue the software maintenance agreement of $635.00 per year.
RECOMMENDATION:
Approve the attached purchase and installation bid from Brekford for the amount of $16,140 as a sole source bid. Brekford is an existing town vendor who installed and services our in-car video cameras and management system. If approved, the selected audiovisual equipment will be compatible with our current Panasonic Arbitrator System used for the In-car camera application. This will allow a single source for
fixed and mobile digital video evidence capture, resulting in significant time and cost savings. By using a compatible system, the Agency can capture video in a comprehensive and seamless method from the field to the interrogation room. We would also utilize the existing Arbitrator server, management software, interface, and computer storage space. Agency personnel are very familiar with the Arbitrator System and would require little if any additional training. ALTERNATIVES: Look at other camera systems not compatible with the agencies current video storage, maintenance and management system and training. This choice may restrict us to upgrading only one of the interview rooms due to added cost. Michael Colbert, Captain, Police Department Information Technology Department 1) Grant Award and Acceptance Form 2) Brekford Sales Estimate and Quote
RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
P: 443-557-0200 f: 443-557-0201 www.brekford.com 7020 Dorsey Building # C
SALES ESTIMATE
DATE 1/9/2014 QUOTE # 140034Q
FEDERAL ID: 20-4086662
NAME / ADDRESS
Town of Ocean City Attn: Accounts Payable P.O. Box 158 Ocean City, Maryland 21843
SHIP / DELIVER Town of Ocean City Information Technology 6501 Coastal Hwy Ocean City, MD 21842
QUOTE VERSION
VALID THROUGH 2/8/2014
REP SE QTY
TERMS Net 30 U/PRICE
Quote #
ITEM
DESCRIPTION
TOTAL
*****INTERVIEW ROOM***** EQUIPMENT ARB-KIT-HDVUE - MK3 Arb- Lind Panasonic Distribution Cen;Double-WiFi Antenna for ARB 360;Quantity 100 Pack SSD Cartridges;MK3 VPU ARB-WV-VC31 - Arbitrator integrated camera CF-SVCARB2AMA1Y -Arbitrator 360 Software Maintenance Agreement - 1 Year per VPU (Ends June 30) Does Not include Modular Software Applications CF-SVCARB2EX2Y - Arbitrator 360 Extended Warranty - 2 Years (Years 4 & 5) Wall mounted covert microphone Installation Kit: Wiring , Mounting solution, cables, housing for cameras and associated material and equipment for install. INSTALLATION Initial on-site visit for planing and preperation Panasonic certified techinician on site to assist with installation and programing of inverview room arbitrator system One time travel charge for whole project
PANASONIC<> PANASONIC<> PANASONIC<> PANASONIC<> GEN ITEM Install Kit
2 4 2 2 2 2
4,166.50 453.25 317.50 471.00 180.00 350.00
8,333.00 1,813.00 635.00 942.00 360.00 700.00
LABOR LABOR LABOR
1 3 1
760.00 760.00 317.00
760.00 2,280.00 317.00
Brekford Policy: 3 Year Limited Priority Warranty on Mobile Data Computers-hardware/labor (excluding: batteries). This warranty does not cover physically damaged merchandise. Refund is only available on special circumstances and subjected to 25% restocking fee. No refund will be considered after 15 days from the date of purchase. For tech support and RMA service call (443-557-0200).
SIGNATURE (quote approval)
TOTAL
$16,140.00
_____________________________________
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA E. Bid Award Recommendation for 150 KW Generator
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Agenda Item # Council Meeting 5E January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer 150 KW Generator Bid Award Recommendation January 15, 2014 Recommend award for purchase of a 150 KW Generator Bids for the purchase of a 150 KW generator to be installed at the new Fire Station 4 were opened on January 14, 2014. Two bids were received. Fidelity Power Systems $44,469.00 and Alban Equipment $46,250.00. $44,469.00 to be paid from the Fire Station 4 bond project. Award the contract to the apparent low bidder, Fidelity Power Systems in the amount of $44,469.00. None Terence McGean, City Engineer Cliff Christello, Fire Department None
ISSUE(S): SUMMARY:
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA F. Bid Award Recommendation for Boardwalk Network Camera Installation
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Agenda Item # Council Meeting 5F January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Bid Award Boardwalk Network Camera Installation January 14, 2014 Bid award recommendation for Boardwalk Network Camera Installation Contract. Bids for Boardwalk Network Camera Installation were opened at the January 14, 2014 work session. Three bids were received; however, only one, Stroika Construction, included a Bid Bond as required in the bid documents. $150,000 appropriated for this project from Boardwalk Bond project cost savings. This contract did not include the cost of the cameras themselves which will be purchased directly by the City. Award the contract to the low (and only) responsive bidder, Stroika Construction, in the amount of $91,990. None Terence McGean, City Engineer Rob Morand, Network Manager Bid tabulation
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
RECOMMENDATION:
BoardwalkNetworkCameraInstallationBidTabulation Stoika Const. 8,587.00 23,630.00 6,890.00 22,826.00 30,057.00 91,990.00 Yes Royal Plus 9,800.00 29,400.00 8,700.00 25,500.00 26,340.00 99,740.00 No Singhal* Company 16,705.00 28,327.00 12,766.00 24,115.00 50,115.00 135,210.00 No Staff Estimate 10,000.00 25,000.00 12,500.00 25,500.00 27,000.00 100,000.00
No. 13 49 1011 1217 1826
Item Cabletotramstation CabletoTalbot,cameraatDorchester CameraatNorthDivision Camerasat1stand2nd Camerasat5th,7th,&12thstreets TotalBid Bond
*Bidderdidnotusetherequiredbidformandadded$3,182forprojectmanagementtohistotalbidprice
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA G. Bid Award Recommendation for Tennis Center Fence Replacement
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Agenda Item # Council Meeting 5G January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Bid award recommendation Mallard Run Tennis Center Fence Replacement January 15, 2014 Replacement of fence at tennis courts 1-6 at the Mallard Run Tennis Center Bids for fence replacement at the Mallard Run Tennis Center were opened at the January 14, 2014 Work Session. $45,000 appropriated for this project from FY13 fund balance. Award the contract for the Mallard Run Tennis Center Fence Replacement to the low bidder, Able Fence in the amount of $31,546.00. None Terence McGean, City Engineer Tom Shuster, Recreation and Parks Director Bid Tabulation
ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION:
MallardRunTennisCenterFenceReplacmentBidTabulation Able Fence 2,700.00 21,386.00 420.00 3,900.00 1,060.00 1,140.00 940.00 31,546.00 Yes Long Fence 2,100.00 22,100.00 500.00 4,800.00 900.00 1,350.00 750.00 32,500.00 Yes New Holland 720.00 33,830.00 690.00 840.00 415.00 670.00 380.00 37,545.00 Yes Anderson Fence 5,500.00 30,388.00 505.00 3,600.00 845.00 1,150.00 650.00 42,638.00 Yes Staff Estimate 3,000.00 34,000.00 450.00 3,600.00 1,000.00 1,500.00 1,000.00 44,550.00
No. 1 2 3 4 5 6 7
Description Removeexisting New10'Fence New4'fence NewMangates 10'x8'singleswinggate 10'x14'doubleswinggate 4'x12'doubleswinggate TotalBid Bond
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 5. CONSENT AGENDA H. Bid Award Recommendation for Beach Equipment Franchise
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Agenda Item # Council Meeting 5H January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond, CMC Beach Parcel Franchise Awards January 15, 2014 City Clerk recommends award to the highest bidder of the south end beach parcels, as presented on ATTACHMENT A. On December 3, 2013 a live auction was held for 23 of the 34 south end beach parcels. [Note: 11 of the 34 parcels were eligible for renewal at 10% above the first term annual amount]. City staff reviewed, and has no concerns with, the winning bidders credit worthiness. All bidders submitted their required 20% payment on or before January 1, 2014.
ISSUE(S):
SUMMARY:
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
23% increase in annual revenue over 2013 Award the bids as presented on Attachment A Rebid eligible streets Kelly L. Allmond, City Clerk Not applicable 2013 Beach Equipment Auction Bids
2013BeachEquipmentFranchiseAuctionResults
Operator McLaughlin W.Edmunds McLaughlin McLaughlin Abuahmadeh W.Edmunds Haugh Rosenzweig McLaughlin Khaleel Hamdan McLaughlin Abuahmadeh McLaughlin W.Edmunds McLaughlin McLaughlin McLaughlin Abuahmadeh McLaughlin C.Edmunds McLaughlin Hamdan McLaughlin C.Edmunds McLaughlin
Parcel SouthDivisionStreet WorcesterStreet SomersetStreet TalbotStreet CarolineStreet NorthDivisionStreet 2ndStreet 4thStreet 5thStreet 6thStreet 8thStreet 10thStreet 11thStreet 14thStreet 15thStreet 16thStreet 17thStreet 18thStreet 20thStreet 21stStreet 22ndStreet 23rdStreet 24thStreet 25thStreet 26thStreet 27thStreet
Annual $35,900.00 $16,000.00 $17,200.00 $12,700.00 $2,900.00 $26,700.00 $21,700.00 $16,800.00 $15,900.00 $9,000.00 $11,000.00 $8,200.00 $2,900.00 $19,000.00 $18,700.00 $12,200.00 $39,000.00 $10,700.00 $3,500.00 $14,500.00 $18,300.00 $7,700.00 $7,500.00 $8,000.00 $9,700.00 $8,500.00 $374,200.00
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014
6. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. TAB Funding Allocation Recommendations for 2014 Events presented by Greg Shockley, Chairman
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Agenda Item # Council Meeting 6A January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Donna Abbott, Tourism & Marketing Director TAB recommendation to fund 2014 events January 15, 2014 TAB recommends funding events proposed for 2014 by Team Productions from its Tourism Department allocation. At its January 9, 2014 meeting, TAB reviewed a proposal from TEAM Productions for events in 2014, including patriotic laser shows Memorial Day weekend, laser shows on Sundays with new fireworks effects added, fireworks shows on the beach downtown on Mondays and Tuesdays in July and August, fireworks at Sundaes in the Park, fall events (beach maze, pet parade and pumpkin race), and a new event featuring sand sculptures along 10 blocks of downtown with interactive activities August 18 September. TAB unanimously approved to fund $300,000 for all events except laser shows June 1 & June 8. TAB recommends these shows could be funded through sponsorships/ads. TAB recommends that TEAM Productions raise the remaining $50,000 to cover events not funded by TAB allocation through ads/sponsorships and that any amount raised over this be applied back to the budget, less 20% going to TEAM. This would not preclude the Town from finding advertisers.
ISSUE(S):
SUMMARY:
FISCAL IMPACT:
Funds are available in FY 2014 TAB allocation in the Tourism Department budget to cover Memorial Day shows and late June events at $60,000. $240,000 would be needed for events falling on and after July 1 in FY15. Approve TAB funds for the event. Do not approve. Donna Abbott, Tourism & Marketing Director Tourism Advisory Board Plan presented to TAB by TEAM Productions.
RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
BEACH EVENTS FOR OCEAN CITY, MARYLAND

Presented by: Special Event Productions Tours, Entertainment, Amusement Management Image Engineering
TAB MEETING, 1/9/2014
2014 LASER SHOWS

48
sphere video/laser/SPFX shows NEW fireworks effects added to all shows 3 shows a night on 16 dates Shows every Sunday starting June 1-August 31 Special Patriotic shows on Memorial Day Weekend May 24-25, 2014
2014 LASER SHOWS
2014 LASER SHOWS
2014 LASER SHOWS
2014 FIREWORKS
16
fireworks shows on beach downtown 2 shows per week on Mondays and Tuesdays starting July 7- August 26
7
fireworks shows at Northside Park to coincide with Sundaes in the Park starting July 13 August 24
2014 FIREWORKS
2014 O.C.TOBERFEST
Beach
Maze October 18-19; October 2526,2014 under same budget as 2013
Operate
2014 O.C.TOBERFEST
2014 O.C.TOBERFEST
Pet
Parade October 18, 2014; Pumpkin Race October 25, 2014
OC SANDFEST (NEW FOR 2014)

August
18- September 1, 2014 Sand sculptures along 10 blocks of downtown Performance and Art; night-time options

Performance art with Master Sculptors August 18-22 Display art and interactive activities with visitors and sculptors August 23-24 Display art with special lighting continues August 25- September 1

Santastic
sand art contest Sand Sculpting Lessons Photo Opportunities
2014 BUDGET
All
Laser Shows : $130,000* All fireworks (beach and NSP) :$95,000* O.C.toberfest: $25,000* Sand Art Festival: $75,000* Special Events/T.E.A.M : $35,000** *Turn-key pricing includes all products, equipment, marketing, labor, security, supplies, etc. **Includes planning, coordinating, administrative, supervising
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 8 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF A. Discussion of Refunding 2004 Bonds presented by Finance Administrator
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Agenda Item# Council Meeting 8A January 21, 2014
TO: THRU: FROM: RE: DATE: ISSUE(S): SUMMARY:
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha Bennett, Finance Administrator Refunding of 2004 bonds January 13, 2014 Refunding of 2004 bonds Sam Ketterman of Davenport has prepared a refunding analysis for the 2004 bonds which have a balance of $4,100,000. They can be refunded in March 2014 at an estimated savings of $134,730. While the savings is modest, the present value is in excess of 3.41%. If offered to banks only as a negotiated transaction, it would not require as much time or expense as a public sale. Davenport would prepare a four page solicitation and use the 2013 official statement for disclosure to the potential bidders. Refunding the 2004 bonds results in an estimated savings of $133,730 for FY15 and $500 in FY16 and FY17. To ask bond counsel to prepare ordinance to issue new bond to refund 2004 General Obligation Refunding Bonds. No action. Bonds mature as scheduled. Martha Bennett, Finance Administrator Cheryl Guth, Bond Counsel Davenport analysis of present value of savings on cash flow
FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):
2014 10 14 57 AM 00
8045494200
Davenport
Company
LLC
Page
12
Jan 14 2014
38 9
am
Prepared by
DBC Finance
Finance 7 008 Ocean City MD debt 20142014REF 2014REF Page 4
SUMMARY OF BONDS REFUNDED
Town of Ocean City Maryland

Series 2014 Refunding of 2004 G O
85 Indicative Rate from 13ank of America 0
Maturity
Bond
Date
Interest
Rate
Par
Amount
Call
Date
CaII
Price
Series 2004 Municipal Purpose Refimding 2004R

SERIAL
2015 01 03
000 4
2016 01 03
2017 01 03
000 4
000 4
000 7 1 00 10 795 1 00 000

00 000 595
2014 15 04
500 100 500 100

500 100
2014 15 04
2014 15 04
100 4 00 000
Received Time Jan 14
2014
56AM No 2998 9
2014 10 14 57 AM 00
8045494200
Davenport
Company
LLC
Page
12
Jan 14 2014
38 9
am
Prepared by DBC Finance
Finance 7 008 Ocean City MD debt 20142014REF 2014REF Page 5

SAVINGS
Town of Ocean City Maryland Series 2014 Refunding of 2004 G O

85 Indicative Rate from Bank of Americn 0
Present Value
Prior Date 2015 30 06 2016 30 06 2017 30 06
Debt Service
Refunding
Debt Service
to 04 2014 15
Savings
48 730 133
503 00 50 589
tt 0 8501038
57 027 133
89 650 84 613
874 1 00 000
740 1 52 269
890 1 00 600
00 800 618
890 1 00 097
50 210 618
02 248 577 4
383 4 00 400
98 822 134
30 292 134
Savings Summary
PV of savings from cash flow Plus Refunding finds on hand

Net PV
30 292 134
56 455
Savings
86 747 134
Received Time Jan 14
2014
56AM No 2998 9
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014
8 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF B. Conditional Use Request to permit a portion of a proposed establishment to engage in brewing, similar to other manufacturing and wholesale establishments, at a site known locally as 5509 Coastal Highway Applicant: Donna Shores
336
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Agenda Item # Council Meeting 8B January 21, 2014
The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kay Stroud, Zoning Analyst Conditional Use for Brewing (Manufacture) of Beer in the LC-1, Local Commercial, District January 16, 2014 Conditional Use request to allow portion of proposed establishment to engage in Brewing (manufacture) of Beer in the LC-1, Local Commercial, Zoning District. Donna Shores (Ocean City Brewing Co.), has requested the Mayor and City Councils review of her application for a new brewing establishment to be located at 5509 Coastal Highway. The Planning and Zoning Commission, after the public hearing on January 7, 2014, has favorably recommended forwarding this request to the Mayor and City Council. The Commission agrees that this type of use supports the Towns Comprehensive Plan in conjunction with the retail and restaurant uses provided that the operation does not present itself as an offensive nuisance.
ISSUE(S):
SUMMARY:
None To approve the Conditional Use request with any amendments deemed necessary. Amendments to the Commissions conditions or denial of request. R. Blaine Smith, Assistant Director, Planning & Zoning Kay Stroud, Zoning Analyst Matthew G. Margotta, AICP, Director, Planning & Community Development 1) 2) 3) 4) Transcript Letter of recommendation Finding of Fact Scanned Exhibits from Public Hearing
ALTERNATIVES:
RESPONSIBLE STAFF:
COORDINATED WITH:
ATTACHMENT(S):
Planning and Zoning Commission P.O. Box 158 Ocean City, Maryland 21843 410-289-8855 410-289-8703 fax
CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Donna Shores Ocean City Brewing Co. 1400 Chicago Avenue #1 Ocean City MD 21842 Dear Ms. Shores:
January 16, 2014
Re: Pursuant to the provisions of Article II, Section 5, Conditional Uses, a request has been filed under the provisions of Section 110-514, Uses permitted by Conditional Use in the LC-1, Local Commercial District, to permit a portion of the proposed establishment to engage in brewing, similar to other manufacturing and wholesale establishments listed herein. The site of the request is described as an unnumbered lot of the Isle of Wight Plat, further described as located on the west side of Coastal Highway and on the south side of 56th Street, and known locally as 5509 Coastal Highway, in the Town of Ocean City, Maryland. APPLICANT: DONNA SHORES (FILE #13-16100001) On January 7, 2014, the Planning and Zoning Commission of Ocean City, Maryland conducted a public hearing to consider the above referenced Conditional Use request. The Commission considered all testimony and exhibits presented during the hearing and voted unanimously (6-0) to send the Mayor and City Council a favorable recommendation for approval of the Conditional Use subject to the following conditions: 1. Control of any offensive odors associated with the brewing of beer process and other nuisance factors such as dust, noise, glare, and appearance to neighboring properties. Effluent levels must be to the level acceptable to the Town of Ocean City and/or Maryland Department of the Environment (MDE). Buffers or fencing, whichever deemed necessary, be placed along adjoining lot lines. Storage trailer provided for waste barley product must be covered while stored on the outside and removed from the premises on a daily basis by sunset.
2.
3.
4.
Ms. Donna Shores Ocean City Brewing Co. 1400 Chicago Avenue #1 Ocean City MD 21842 Page Two
By copy of this letter, the Mayor and City Council will be notified of the Commissions recommendation. You are now scheduled to appear before a regular session of the Mayor and City Council at 6:30 p.m. on Tuesday, January 21, 2014, in the Council Chambers of City Hall located at 3rd Street and Baltimore Avenue in the Town of Ocean City, Maryland. The Mayor and City Council will have received the public hearing transcript, finding of fact, recommendation letter and all exhibits by this date and will not entertain further testimony. Please be advised that the Council will make their decision at that time. If we may be of assistance to you in the meantime, please contact the office of Planning and Community Development at 410-289-8855. Sincerely, Planning and Zoning Commission
Pam Greer Buckley Commission Chairperson
Cc: Mayor and City Council David Recor, City Manager All Planning and Zoning Commission Members William E. Esham, III & Kevin Gregory, Attorneys for Commission Matt Margotta, Director of Planning & Community Development Hugh Cropper IV, 9923 Stephen Decatur Highway, Ocean City MD 21842 Richard Holland, Jr., 113 Ann Court, Berlin MD 21811 File #13-16100001 Correspondence 13 & 14
FINDING OF FACT RE: #13-16100001 CONDITIONAL USE FOR BREWING (WHOLESALE MANUFACTURE) OF BEER
ACTIVITY TO BE LOCATED AT 5509 Coastal Highway
January 7, 2014
Upon a motion made by Peck Miller, seconded by Palmer Gillis, and carried by a vote of six (6) to zero (0), Chris Shanahan absent, the Planning and Zoning Commission hereby gives a favorable recommendation for the allowance of a portion of the proposed establishment to engage in Brewing (Wholesale Manufacture) of Beer in the LC-1, Local Commercial, Zoning District, in the above- referenced case for the following reasons:
1. Population Change:
There has been a population change in the neighborhood since the Adkins Company began operation in 1973. The Adkins Company was a retail hardware store and lumber yard on the premises. The retail hardware store and lumber yard had been abandoned a few years ago. Last year the building was used for a retail clothing store in part. Since 1973, the Best Western Hotel has been built on the property adjacent to the south; the Maresol Condominium has been built to the southwest; a commercial neighborhood shopping center has been built on the north side of 56th Street facing Coastal Highway; and Jamaica IV Condominium has been built just west of the 56th Street shopping center on the north side of 56th Street. All of the adjacent uses existed while the Adkins Company was in operation.
2. Availability of Public Facilities:

All public facilities either exist on-site and/or available to the site.
3. Present and Future Transportation Patterns:

There are two primary vehicle entrance/exits off Coastal Highway. The plans indicate that handicap parking spaces will be provided from the north entrance/exit immediately adjacent to the front of the building. The main parking area and loading and unloading
will take place from the southern entrance/exit. Discussion took place regarding the turn around for large trucks serving both the restaurant and the brewery. Representatives of the project explained that the existing driveway had served the lumber yard for many years for large truck deliveries. Therefore, they do not believe there will be any greater impact on traffic circulation. The brewery operation will not be in conflict with the restaurant traffic during restaurant peak hours of operation.
4. Compatibility with Existing and Proposed Development for the Area:

The existing building is being utilized for a restaurant, associated retail, and a brewery. The building itself is not being enlarged. There will be a grain storage silo, an air-cooled glycol chiller with tank, and a CO.2 storage tank on the outside at the west end of the southern driveway in addition to the dumpster pad. These will be fenced along the adjoining lot lines. There will be a storage area for a trailer to dispose of waste barley product. It is necessary that the exterior waste be removed from the premises on a daily basis and be covered while stored on the outside.
5. Relationship to the Comprehensive Plan:

The brewing operation in conjunction with the restaurant and retail uses is consistent with the Comprehensive Plan provided the operation does not present itself as an offensive nuisance such as odor, noise, glare, and appearance to neighboring properties. Therefore, by virtue of the requirements of Section 110-122 of the Code of Ocean City, Maryland, the above findings require the Planning and Zoning Commission to recommend approval for a portion of the proposed establishment to engage in brewing, similar to other manufacturing and wholesale establishments listed as a Conditional Use in the LC-1, Local Commercial, Zoning District subject to the following conditions:
1.
Control of any offensive odors associated with the brewing of beer process and other nuisance factors such as dust, noise, glare, and appearance to the neighboring properties. Effluent levels must be to the level acceptable to the Town of Ocean City and/or Maryland Department of the Environment (MDE). See memo attached. Buffers or fencing, whichever deemed necessary, be placed along adjoining lot lines.
2.
3.
4.
Storage trailer provided for waste barley product must be covered while stored on the outside and removed from the premises on a daily basis by sunset.
______________________ Pam Greer Buckley, Chairperson _ _____________________ John Staley _______________________ Peck Miller _______________________ Lauren Taylor
_____________________
Joel Brous
_____________________
Palmer Gillis
PLANNING AND ZONING COMMISSION Donna Shores (Ocean City Brewing Co. FILE #13-16100001) 5509 Coastal Highway Conditional Use Public Hearing January 7, 2014
PRESENT Pam Buckley John Staley Peck Miller Palmer Gillis Lauren Taylor Joel Brous
IN ATTENDANCE Blaine Smith Kay Stroud Matt Margotta Bob Nelson Will Esham, Attorney
This meeting of the Planning and Zoning Commission was held on Tuesday, January 7, 2014, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson called the meeting to order. BUCKLEY: Alright, this is the public hearing for this Tuesday, January 7, 2014. The item before us, pursuant to the provisions of Article II, Section V, Conditional Uses. A request has been filed under the provisions of Section 110-514, uses permitted by Conditional Use in the LC-1, Local Commercial, District, to permit a portion of the proposed establishment to engage in brewing, similar to other manufacturing and wholesale establishments listed herein. Concurrently a site plan review of proposed mixed-use project consisting of the wholesale brewery, restaurant/bar, and retail area will be conducted. The site of the request is described as an unnumbered lot of the Isle of Wight Plat, further described as located on the west side of Coastal Highway and on the south side of 56th Street and known locally as 5509 Coastal Highway, in the Town of Ocean City, Maryland. The applicant is Donna Shores, file #13-16100001. Prior to all public hearings, it is necessary that I ask if anyone in the audience has any issues with any of these commissioners taking part in this public hearing. If so, please say so now. Alright, there being no problem with any of the commissioners, all of us will continue to sit with Chris Shanahan in absence. Alright, well start with the introduction of the case from Mr. Smith. ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? SMITH: I do. What I would like to do, well first of all, after receiving the application, we did post the property on December 18th, and we ran advertisements in the Ocean City Digest beginning on the 18th and then a week later, so weve advertised 14 days prior to this hearing, and we did send notice to adjacent properties within a 300 radius that this meeting was taking place and its purpose. The applicant has supplied a set of plans that Ive given to Mr. Esham, the attorney, as Exhibit #1, as architect, er, applicants Exhibit, that shows the architectural features of the layout of the restaurant and retail store on the east side of the building, which is an existing building, and then the brewery operation on the back side or the west side of the building. The building already exists;
the property is zoned LC-1, Local Commercial, District. The most recent use of the building was a retail store. The easterly half of the building was used as a retail t-shirt shop up until recently. That only happened for a year or so. Before that it had set idle and had also been used for many years as the Adkins Company hardware store and lumber yard. The lumber yard is also, or was also, a Conditional Use of the property, so it has been a heavy use of the property dating back into probably the early 70s if not the late 60s, so its been a neighbor in that neighborhood for many years as a lumber yard. Recently because of the restaurant, the mixed use of restaurant, retail, and brewery, it was tabulated that they did not have enough parking. They can only provide, I believe, 72 spaces onsite. They went to the Board of Zoning Appeal because under the code, the brewery, based on the square footage, wouldve required 20-some parking space, and the Board found that that was not needed for the brewery and that the 70-some spaces was adequate both for the restaurant, the retail, and the brewery. So theyve resolved the issue as to parking and the parking as shown on the site plan is pretty much the way it has been for the last year or two. Prior to the retail store being there, half of that south side was parking and the other half was the storage of lumber on the back west side. So it does present more parking today than it did when it did as a lumber yard and a retail store. But they would like to utilize the property in that manner, most of the change is on the inside of the building, for the operational side of it. You will see on the site plan that there are some, the dumpster, and some apparatus that pertains to the brewery, one of which might be the storage of the barley, the silo, and they will talk to you about that, how it is supplied and utilized, and how the waste is disposed of from the operational side of it. We do know there are some questions to be asked, and weve, our wastewater department knows that they have to trap some of the sediment prior to it going into our sewer, so they will talk to you about how this operation starts and finishes, and how they distribute their product, and the amount of truck delivery, and shipment, and things of that nature. Hours of operation, whether or not theres noise, glare, dust, because when they blow the grainery into the silo, its just like when you go to a chicken house and you blow feed into a bin, theres going to be a truck, and an auger, and noise of some sort, at least at certain times. And they can tell you the capacity and how often it may be filled, and you know, what-have-you, which is an exterior. And youve got to the south, immediately, the Best Western Motel, and then somewhat southwest you have the Maresol Multi-family condominium, to the north at the opposite side of 56th Street you have that little strip center, and then west of them are other residential as you go down 56th Street to the bay, including the motel that Fagers have at the end. So thats kind of the immediate neighborhood on that side of the road, and then you have other condominiums on the east side of Coastal Highway. All of the west side of the highway is zoned commercial, LC-1 Commercial, so it does show the same zoning classification on adjacent properties. As to availability of public services, be water and sewer, the building has been served with public water and sewer on all prior uses. The consumption or the need of this operation, Im not familiar with it, whether or not its adequate, they would have to testify as to whether or not theyve investigated that theres adequate water and sewer as to the size of the lines and the demand from this type of an operation. And they can talk to you about the volume and its needs. As far as traffic flow, pedestrian and vehicular, you can tell from the diagram that basically its ingress and egress from the south side of the property into those parking space, there are some immediate parking space to the northeast of the building, which are designated as handicapped parking, they come off Coastal Highway directly into the handicapped parking, but the rest of the parking, and the deliveries and things will happen on the south side of the building, and theyll exit onto Coastal Highway. Itll be right turn in and right turn out. There is no cross-over directly at that entrance, so all
vehicular traffic will be to the south side of the building except for the handicapped parking, and operationally it will be to the south side of the building. There is some, Ill refer to it as solid waste, because once the barley has been utilized, and it becomes a waste product, they will dispose of it and you need to know how thats going to take place, because its, it has to be stored and moved from the property, I dont want to necessarily say on a daily basis, but a daily weekly basis I suspect, depending on the operation. So, theyll talk to you about that as well. I think as you hear the applicant and if you have any question relative to environmental issues, you know, light, air, glare, sound, dust, odor, that they can tell you how they control any nuisance factor should there be one. BUCKLEY: Okay. SMITH: And I think thats basically what theyre here to get approval to have the brewery operation and to present their operational plan to you for consideration. BUCKLEY: Okay, very good. Well have the applicant present their case. CROPPER: Sure, good evening, for the record my names Hugh Cropper, I represent Ocean City Brewing Company, the applicant. By way of background, before I came here tonight, I called Dale Adkins who is one of the principles in the Adkins Company. Its Dale, his sister Sally, whos now a Court of Appeals judge and Richard Holland and his family of Berlin. And I asked Dale when the Adkins Company opened in Ocean City, and it was actually the subject of a somewhat famous court case back there in the alley and that sort of thing, and we double-checked, and were pretty sure it opened back in 1973 and it operated continuously from then until about two or three years ago, so essentially almost 40 years you had a lumber yard and a building material yard and that sort of thing. If you read the Town Code under 110-514, one of the Conditional Uses permitted in the LC-1 Commercial Zone, is building material stores and lumber yards. And although I wasnt around then, Blaine could probably help me, I suspect that was written to accommodate the Adkins Company that was there for some 40 years. So I would just start off as introduction that we had a Conditional Use that was found to be consistent with the neighborhood, matter of fact, I would suggest to you the Code was written to accommodate that Conditional Use for some 40 years and I think Blaine will agree that at least to most people, the manufacture of beer is going to be a less intensive use than a lumber yard that brought in tractor trailers with trucks, and you know, during its heyday, as you know, it was quite active. So with that introduction, were here for a Conditional Use and review of the site plan, as Blaine pointed out, we have been to the Board of Zoning Appeals and received the parking waiver, and first Id like to have Mark come right on up, and go ahead and give us your full name. FESCHE: Mark Fesche. ESHAM: And your address also please. FESCHE: 911 Baltimore Avenue, Ocean City, Maryland. ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? FESCHE: I do.
CROPPER: Now Mark, usually were brief in front of the Planning Commission, so bear with me, I just want a little bit of background on this witness. Mark, when did you first start in any kind of capacity working for a brewery or working in the manufacture of beer? FESCHE: I got my first job in 1992 with the Deschutes Brewery in Bend, Oregon. CROPPER: Okay, and what did you do for those folks? FESCHE: I started as a keg washer and worked my way up to be a brewer. I was there for four years. CROPPER: And how many other brewing companies have you worked for in your career? FESCHE: Ive worked for four other breweries in the last 20 years. CROPPER: Okay, and what did you do for those folks? FESCHE: On three of them I was the primary consultant, lead consultant on construction, and then became the head brewer, and on one of them I was just a consultant. CROPPER: Okay, and what was your most recent affiliation? FESCHE: My most recent was a head brewer at Husk Hardware House Restaurant and Brewery in Fayetteville North Carolina for the last four years. CROPPER: Okay, and what type of operation was that? FESCHE: That was a restaurant, brew-pub that also distributed package goods. CROPPER: Would that be similar in operation to what weve proposed here? FESCHE: Yes. CROPPER: Okay, and how would that relate in terms of size? FESCHE: It was half as big as what were doing here. CROPPER: About half the size. And is it fair to say, well, let me start over, you also attended law school and become a lawyer for a brief amount of time. FESCHE: Thats right. CROPPER: But other than the four years you took off to do that, from 1992 until the present, he saw the light right away (chuckle), youve been involved in the manufacture of beer. FESCHE: Yes.
CROPPER: Okay, and youve been involved in this project really since the inception of setting everything up and acting as the prime consultant. FESCHE: Yes. CROPPER: And if this project does receive all the required approvals, youll be the manager of the brewing side of the property, the manufacture of beer. FESCHE: Yes. CROPPER: Describe for the Board, if you would, or Commission, whats going to happen there, how much beer youre going to manufacture and that sort of thing, what, supposedly. FESCHE: Okay, each batch is going to be about 1,000 gallons of beer at a time, and I imagine our production schedule will be brewing once a week, thats a conservative estimate. But that will be one day of brewing, the next day will be cleaning, the next day will be packaging, the next day will be loading trucks, and taking care of material. CROPPER: So you anticipate the active manufacture of beer will about one day a week. FESCHE: Yes. CROPPER: Okay, and about how many employees will that require? FESCHE: Including myself, five people or less. CROPPER: Okay, and just as a, just information for the Board, the Code as its written required 23 parking spaces for that use, for those five employees, and thats why the Board of Zoning Appeals, we were here, and they gave us the parking exception. FESCHE: Right, we dont need that many parking spots. CROPPER: Okay, and the brewery area thats in the west side, the westerly one-half of the building, thats not a public access area, is that correct? FESCHE: No, the public wont be allowed back there. CROPPER: Okay, they can see in there through glass, but theyre not allowed to be back there? FESCHE: Correct. CROPPER: So, its your anticipation that if everything goes well, once youre up and running and moving youll do one batch a week, which will be 1,000 gallons. FESCHE: Yes. CROPPER: Okay, and youll brew once a week and that will take about five employees. Now, whats the grain that you use?
FESCHE: Its malted barley. CROPPER: Okay, and how does that, how is that delivered to the premises? FESCHE: Itll get delivered by a bulk truck and itll be blown with air pressure into our silo, and that silo will hold enough grain for about 10 batches of beer, so that silo will get filled roughly every ten weeks. BUCKLEY: Okay. CROPPER: Okay, so when things are going good, once every ten weeks theyll come and fill your silo with the malted barley. FESCHE: Right. CROPPER: And less in the winter or other times when things are slower. FESCHE: Thats right. CROPPER: Um, tell me about, you say you make about 1,000 gallons of beer. How much water do you use to make that and how much is left over? FESCHE: Our standard formula is 7 to 1 gallons. Seven gallons of wastewater to make one gallon of beer. About 7,000 gallons of wastewater a week. CROPPER: Okay, so it will be 7,000 gallons and youll end up with 1,000 gallons of beer. FESCHE: Correct. CROPPER: Okay, and what happens to that wastewater, do you do anything to it to make sure that its taken care of? FESCHE: A lot of it is rinse water, so it is, you know, the chemicals that we use to clean the tanks with get neutralized with rinse water before going into the drain, and our drains are going to connect it to tanks that, settling tanks that are outside the building, that will collect any solids that go down the drain. And that would be grain that falls on the floor. CROPPER: Okay, so youll neutralize the water first, the clear water first, and then secondly you have a sort of a specialized grease trap which is a double, a doublechambered grease trap that collects the solids. FESCHE: Yes. CROPPER: And the solids are sort of the leftover grain? FESCHE: Leftover grain that spills on the floor and maybe some hops that are stored in a slurry form after the boil. CROPPER: Okay, and what happens to the part thats left over?
FESCHE: The grain that gets leftover will get put into a large container which a pig or chicken farmer will come and carry away that day, the day we brew, and feed it to his livestock. CROPPER: Good, so that will be once a week that somebody comes and picks that up. FESCHE: Yes. CROPPER: Okay, and is there other uses that they use that leftover grain for? FESCHE: Theres some other uses. People make pet food out of it, fish food. It can be used as compost. CROPPER: Some of you might appreciate, I asked if you could bait ducks with it, but (laughter) he said nobodyd tried that yet. FESCHE: Yet. CROPPER: Um, backing up. The hours of operation when youre brewing, what is that going to be? FESCHE: Thatll be normal business hours. CROPPER: Okay, like in FESCHE: Daytime. CROPPER: Okay, weve been through the number of employees, would be typically 5 at the max. Tell me a little about the noise, or if there is any noise. FESCHE: Therell be a refrigeration unit thats outside, and its no louder than any household HVAC unit. CROPPER: Okay, the actual making of the beer inside the building, will any of that noise emanate outside the building? FESCHE: I dont think so. CROPPER: Okay, if Im out on the sidewalk, Im not going to be able to hear it? FESCHE: No. CROPPER: And clearly theyre going to be operating a restaurant type bar inside thats only going to be separated by glass. FESCHE: Right. CROPPER: Um, the, weve been through the delivery sort of, but youve said the grain comes about 10 batches at a time, so once every 10 weeks. They come every time you
manufacture to pick up the waste. Other than ordinary like, paper products and that kind of thing, does your side of the operation have any other deliveries? FESCHE: Well, well be sending kegs out to other bars and restaurants. Those kegs will be returned to us at some point, so that is, part of receiving in the brewery. CROPPER: Okay. FESCHE: Kegs going in and out. CROPPER: Okay, um, but again that would be no different than if I went with some kind of use that didnt require a Conditional, bought a keg of beer, had a party, and took it back. FESCHE: Sure. CROPPER: Tell me about the odor, if any, associated with this. FESCHE: During the brewing process, there are stacks that leave from the kettle out the roof of the building, and theres some smell associated with brewing. Its usually no more offensive than a bakery. And the brewing process is about 4 or 5 hours of a day, so just one day a week, 4 or 5 hours, there might be some odor outside the restaurant, outside the building. CROPPER: But in your opinion, its not offensive, the odor. FESCHE: No, no. CROPPER: Of making the beer, and thats been your experience at the other four breweries where youve worked? FESCHE: Yes. CROPPER: And theyve had a similar type odor. Does the type of beer that you brew, does the odor vary depending on the type of beer that you brew? FESCHE: Very little. CROPPER: But it would take a real connoisseur to go by and smell it. FESCHE: Yes, I could tell it. CROPPER: Okay, weve been through the frequency of the brewing, how about any, how about any light or glare or shine or anything like that? FESCHE: Not that Im aware of, no. CROPPER: Okay, this is all in the rear of the parking lot outside, youre going to have the storage facility for the grain, right? FESCHE: Yes.
CROPPER: And that grain gets blown in, and then everything else is housed completely inside the building. FESCHE: Yes. CROPPER: And its in an area that theres no public access. FESCHE: Correct. CROPPER: The only way the public sees it is to come in the retail or bar portion and look in through the glass. FESCHE: Correct. CROPPER: I cant come in and walk around, kick the tanks, take a look or anything like that, okay, and that will be closed up when youre brewing and it will be essentially closed down just for viewing, when youre not brewing. FESCHE: Yes. CROPPER: Okay, and in your experience, having been with four breweries, 1,000 gallons a week, thats going to be more than enough to serve whats going on. I mean things will have to be going really good to use a 1,000 a week. FESCHE: Yes. CROPPER: Okay, um, now, what types of a, just for the information of the board, what types of beers do you propose to brew there? FESCHE: Were going to make a variety of beers, some traditional, standard styles as well as some more new American, exotic styles of beer. So something from, the whole spectrum of beer styles. Very light, approachable beers to something thats a little more challenging. CROPPER: Okay. FESCHE: Itll be about 12 different styles of beer on tap. CROPPER: Okay, and you have, youve been in this building, obviously, many times now designing the configuration of the brewing manufacturing, and just for the record, this is the rehab of the existing building thats there. FESCHE: Yes. CROPPER: And its your opinion, I think you testified before the BZA, that this is really a good use for this existing FESCHE: The building is well suited for brewing, yes.
CROPPER: And probably, thats one of the few things, a lumber yard or a brewery is one of the few things that this existing building is suited for. FESCHE: Yes. CROPPER: Youve also viewed the area surrounding there, and as somebody whos been in this business since 1992, do you believe this use is going to be compatible with the surrounding neighborhood? FESCHE: Yes. CROPPER: Okay, and again, the noise, the fumes, the glare, therell be no vibration FESCHE: No. CROPPER: and all those types of things will be such that theyll be compatible with the Johnnys Pizza, with the condos, and with the hotel next door? FESCHE: Yes. CROPPER: As a matter of fact, just for the boards information, Johnnys Pizza was here represented by an attorney at the Board of Zoning Appeals, and when we had discussions with them, they withdrew their objection to the application. FESCHE: Thats correct. CROPPER: And theyre not here tonight. Thats really all I have for Mark, Im sure you guys have some questions because he will be the manager in charge of the brewing operation. BUCKLEY: Okay, we will ask him those now. CROPPER: Okay. BUCKLEY: Who has a question? Whos the first one? MILLER: I have a question. BUCKLEY: Okay, Peck. MILLER: Youd mentioned 1,000 gallons a week, conservative. What side of conservative were you going on, will you be brewing more or will you be brewing less? FESCHE: I think wed like to brew more. Its certainly based on sales. MILLER: Okay, if you did more, then youd have more deliveries and more traffic and more FESCHE: Thats fair to say, yes. MILLER: Okay.
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BUCKLEY: What would be a maximum for this particular business? FESCHE: A maximum, I would think, would be four times a week would be really pushing it. We could probably do two times a week comfortably. BUCKLEY: Okay. FESCHE: When you say a maximum, is that the most you could do or thats the most people would consume? BUCKLEY: No, because youve still got to clean it, and all that, hes got to do the whole process, its a three or four day process just to do it. FESCHE: Two weeks to a month, so, yeah, we just have to wait for a tank to open up sometimes before we can brew. There are times when we dont brew for a week because we dont have an empty tank. MILLER: So if youre running full-tilt, the most you could be would be four brews a week. FESCHE: Yes. MILLER: Okay. BUCKLEY: And I see that as being very difficult. MILLER: Well BUCKLEY: (Chuckle) From what you just said, but still, but even four, okay, so thats, uh, that gets you down to delivery down to every two weeks, two and one-half weeks of the hops or the grain or whatever it is, and then the same for the going out. Okay. TAYLOR: What is the height of the silo? FESCHE: 31 I believe. TAYLOR: What? BUCKLEY: 31. FESCHE: 31, 31 feet. TAYLOR: So thats like 3 stories. BUCKLEY: And how big is it, whats it made of, metal or concrete? FESCHE: I would guess metal, its an agricultural silo. BUCKLEY: Okay, alright. Lets, we dont need coming from the audience, so well get it another, another time. Um, agricultural silo? Okay.
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GILLIS: Youve seen them a million times. STALEY: Will there be any smell from the fermenting of the grain and the disposal of it once its used? FESCHE: No, because we plan on having the farmer come and take that grain away the day we brew. TAYLOR: You said, though, there would be four to five hours of an odor that you find wonderful, but considering youre a brewer thats not too much of a surprise. Im trying to remember how many condo balconies are going to be affected by that, because there may be people who dont want to sit on their balcony and smell a brewery for four hours, but Im trying to remember the configuration of those buildings, because I think there MILLER: The Maresols back in the back. BUCKLEY: The Maresol is in the back and they face west. GILLIS: The Best Western that might. TAYLOR: The Best Western MILLER: The predominant wind is going to be southwest blowing BUCKLEY: Away from the brewery. MILLER: So the guys on the Oceanside are going to smell it more. TAYLOR: And I should know how to do this math, but Im too tired. 1,000 gallons is how many kegs? FESCHE: Um, 60. TAYLOR: What? FESCHE: 60. STALEY: 60. TAYLOR: So youre going to, how many do you think youre going to be, how many seats are in here? How many people are you going to FESCHE: I think the restaurant holds about 220 seats. TAYLOR: So how much are you planning on shipping out and how much are you planning on using? FESCHE: Um, whatever isnt used in the restaurant wed like to ship out. TAYLOR: So you would have 60 kegs a week going out, 60 to 120 kegs a week?
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FESCHE: Yes. TAYLOR: And those go out in trucks? FESCHE: Yeah, in our box trucks that we own. TAYLOR: And how many, how many fit in a box truck? FESCHE: 20? STALEY: 20. FESCHE: 20 kegs in the truck. TAYLOR: So theres three FESCHE: In a delivery. TAYLOR: So theres three to six loads every BUCKLEY: No, no, no. TAYLOR: two to four days? BUCKLEY: No, 60 is the most theyll have in a week. Thats 1,000 gallons in that one process and say, right, 20 on premise and say they take out 40, so thats two deliveries. TAYLOR: If they can do two or three or 4,000 gallons, so BUCKLEY: Okay, well thats true, thats true, okay, just checking, youre right, youre right. TAYLOR: Im just trying to figure out what the maximum load on that neighborhood is and those, the maximum noise that goes into those condos and those Best Western rooms. BUCKLEY: Yeah, we shoulda, we shouldve had a trip to Dogfish up in Milton. Because thats GILLIS: Supposed to have had a tour, a brewery tour. BUCKLEY: I appraise up there a lot, and there is odor. FESCHE: They are substantially bigger than we are. And they brew 24 hours a day, 7 days, yeah. BUCKLEY: Yeah, so and its still surrounded by single-family homes, theyre continuing to build there, whatever that means. A question from Mr. Miller. MILLER: From a design standpoint, on the larger plan of the building itself, you have dining and retail and I realize theres a difference in parking requirements for dining and
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for retail, but 225 seats sounds like it takes up that front area. Theyre going to be dining in the retail. TAYLOR: Right. CROPPER: Well, theyll only be allowed as many seats as the dining, restaurant portion will permit, so we wont be allowed to exceed however many, Blaine can tell you, but youre allowed one seat per so many square feet, and well be allowed MILLER: For what youve set up for parking. CROPPER: Yes. MILLER: Okay because I guess my concern is the access and ingress of all the trucks and vehicles that are coming in and that all of your customers are going to be parking in that double row of parking. Have you give any consideration to having it access to the street to the north to the back of the building? For deliveries and pick-ups and trash and FESCHE: I dont think theres room back there. MILLER: From the back of the building itself though? FESCHE: From the back of the building? Theres no other point of ingress and egress. GILLIS: On 56th Street is what hes saying. In other words, eliminate a parking space, a parallel parking space MILLER: Yeah, and have an alley access for all the trucks through the back of your property. GILLIS: Like maybe here. Thats what hes referring to. FESCHE: Right. MILLER: I mean, its a large building. FESCHE: The building right back there would be our brew house MILLER: Im sorry, say it again please? FESCHE: If we would try to bring anything into the building there it would come right into the restaurant, I mean, right into our cooler or our brew house. MILLER: Well, you have a lot of space, and I was just wondering for an access, it would be nice to have all your delivery trucks not go through your parking lot every single day, especially in the summer time. Or if you have some kind of pick-up, like move your cooler forward 15 feet. Im not sure what your property line is behind that, but its probably at least 5 or 10 feet, correct? FESCHE: 5 or 10 feet, yeah.
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MILLER: Yeah, I mean, if you even shortened the building by 10 feet youd have an alley that would access trash trucks, loading trucks, hop trucks, I mean, everything. CROPPER: Im not sure Im following, youd want to tear off part of the back of the building? MILLER: Exactly. Just asking. Have you given any consideration to doing that? FESCHE: They probably had their trucks coming into that parking lot, they probably had more trucks and bigger trucks than were going to have. MILLER: But they didnt have a restaurant. TAYLOR: But they didnt have 220 seats either. FESCHE: Right, well our deliveries are going to happen in the morning, and our restaurant isnt open until noon. MILLER: I just asked if, consideration, because I have owned a restaurant, and I do know what trucks do, and I do know how food gets dropped off, and FESCHE: Sure. MILLER: you have the best intentions of when they should be coming to do what they want to do, but if theyre running late and traffics bad, you need it. So its always nice to have a restaurant that has an escape route for anybody whos coming in with work trucks; especially if youre going to be parking all your cars. Its a rather narrow parking lot, going back up, and I utilized it for many many years myself, it just seems that now, before you build the project out, if you can accommodate something that long-term is going to be a better solution, Im hoping youre doing three, four things a day, a week, whatever FESCHE: Sure. MILLER: you know, the busier you are the more your going to have to accommodate this down the road. It seems like nows the time to look at that because you are going to be impacting Coastal Highway traffic there. FESCHE: Yes, sir. The building is existing and we have to work with what we have. I dont see us GILLIS: Looks like to me, between the property line and the west end wall of the building, you have at least 12 feet, which I think what Mr. Millers saying is if you took your cooler, the problem with that might be the, bringing the materials in. But if you took your cooler and moved it up somewhat so you could have hallway access. I mean his ideas got a good basis, it would allow you to have a truck loading in the back end wall of the building. Its a possibility, hes just thinking out loud. FESCHE: Sure.
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MILLER: And nows the time to look at it because six months from now its way too late. FESCHE: I agree. Ive been looking at it a long time, and I think what we have planned is the best use of the building. I dont see any way we could have an ingress and egress on the 56th Street side, or even the alley way behind the building. If you walked back there, youd see that would be a substantial undertaking to try to put a driveway back there. MILLER: Im just saying the back side of the cooler, a cooler is a cooler, so that could be outside already so its not like youre hurting the back wall. I mean, thats going to be an inside cooler in that back corner space of the thing, so if you pulled the whole thing 10 feet, its just a thought, but it would sure make it a lot better for this town, you know, long term. To have two means of access and egress. BUCKLEY: Right. And the other thing even, and I mean, I obviously know nothing about brewing, but even flipping that over the brew house, and putting your packaging over there, and then you would have, maybe some room to at least put maybe when youre packaging it and then youre shipping it out, with the door there. FESCHE: The existing overhead door is a large garage door that the forklift can come in and out of. It is a BUCKLEY: So thats the main reason that you dont want to put another overhead door in on the north side of the building. FESCHE: And theres no loading dock on that side. CROPPER: Theres parking on the street on the 56th Street side. Youd have to make a curb cut, youd have to remove utilities there MILLER: Im just hoping youre going to be really busy, and youre going to have a restaurant thats going to be packed with people; cars going in and out, and then youre going to have a lot of utility trucks a lot of time. GILLIS: Conflict with the functioning of trucks versus the parking. TAYLOR: Any idea that you know when trucks are going to come and go is kind of a nice idea in theory, but the reality is it doesnt really work that way. GILLIS: But Im assuming you know when, what your hours of operation are probably not going to be opening at 7 or 8 oclock in the morning, and Im assuming your trucks could come in at that time, perhaps. FESCHE: Im going to be there at 7 in the morning. GILLIS: Yeah, but youre not going to be open and selling MILLER: Breakfast, beer with breakfast. GILLIS: Beer cakes, beer pancakes?
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FESCHE: No. GILLIS: Okay. BUCKLEY: So wheres the delivery for the kitchen? The food deliveries? FESCHE: The doors that are about half way up the building BUCKLEY: Um hm. FESCHE: on the parking lot side. GILLIS: Right under the word building on the south wall. BUCKLEY: Right here, okay. GILLIS: Right, right here. (showing the location) BUCKLEY: Um um um. GILLIS: What are your hours of operation? What time will you open for the public? FESCHE: The restaurant, 11 to GILLIS: Okay, so you have plenty of time in the morning to BUCKLEY: Thats what Im saying. GILLIS: Yes. BUCKLEY: Whats this? MILLER: Its outside dining it looks like. GILLIS: I had a couple questions. CROPPER: I agree with you, Mr. Gillis, but I really dont think pulling the, I dont think hauling off the kegs of beer is going to be that much of a conflict. If they do it in the morning, and GILLIS: Right. No, Pecks idea was just trying to be helpful to give them another means of access. CROPPER: Its good to look at it, probably better to look at it, but youd have to tear up a lot of stuff to get out to 56th Street. GILLIS: Right, um, I notice on the site plan, item #5 is bike racks? Is that bike racks, thats a lot of bike racks, which is great. Youre not planning on having a scooter or moped rentals here, are you? FESCHE: No, were not.
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GILLIS: Okay, are you loaning the FESCHE: Unless its a conditional of approval GILLIS: are you loaning bikes are anything like that? Is there a reason why theres so many bike racks? FESCHE: To be environmentally friendly. GILLIS: Im not being critical, I think its a great idea but, its a lot of bike racks. CROPPER: It was requested by the applicant GILLIS: Hey, I ride my bike that way. CROPPER: they want to promote, bring in people from the neighborhood and promote that type of access, and so quite frankly, that area existed. GILLIS: Okay, in the CROPPER: They thought it was a good use of it. GILLIS: in the southwest corner it looks like a fenced in area, thats not, that doesnt say anything, what is that fenced in area for, its south of item, lets see, south of the dumpster. FESCHE: Yes, that would be where we put the trailer that were going to put the grain in and the farmer will come and pick up that trailer and take it away. GILLIS: Okay, we all know that that trailer thats holding the grain, thats the spent. Thats going to definitely have an odor. FESCHE: Yes. GILLIS: So, is there any type of BUCKLEY: Is it tarped? I mean GILLIS: well being new on this, I dont care if you tarp it, its still going to have an odor. BUCKLEY: Well, definitely. But thats why he says hes going to have, supposedly hes going to have them there when theyre emptying it. Thats the theory. GILLIS: Well, that was leading to my question of, should there be a condition of it needs to be moved every, the question I have is that the reality of the situation is the spent or the leftover grain is definitely going to be stored outside, its definitely going to have an odor; so leading up to the question of Mark is, the other four breweries that youve been involved with, have they been in an urban type situation like this or they have been more of an industrial type situation like this?
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FESCHE: No, downtown settings. GILLIS: Downtowns, okay. So has it been more residential or has it been more FESCHE: Mixed use, residential. GILLIS: Okay, alright. The, youre going to have screw augers coming into and or, into or out of the silo? FESCHE: Out of the silo. GILLIS: Into the building. FESCHE: Into the building. GILLIS: Will they be enclosed screw augers? FESCHE: Yes. GILLIS: Okay, so theres not going to be any dust, or, not much noise from that, theyre pretty low, okay. What is the stored, going back to the stored grain thats left over, what, can you give us an idea about volume of that? Is it a ton, is cubic yards, or how do you measure something like that? FESCHE: Itll be roughly two tons dry going in to my process, then once it gets wet, its heavier. The trailer is about the size of this area right here GILLIS: Okay, so its a small trailer. FESCHE: itll hold one batch. GILLIS: Okay. BUCKLEY: Now, okay. GILLIS: The seven to one ratio that you were presenting to us FESCHE: Yes. GILLIS: that calculates with the clean-up, the clean-up water? FESCHE: Yes. GILLIS: Okay, so thats included. So thats the total water usage, excluding kitchen and dining. FESCHE: Yes, not including the restaurant. GILLIS: Okay, so itll use slightly more, but not much more. Um, you know the neighborhood has changed here since The Adkins lumberyard of however many years
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ago, but um, lets see, I did have another question. The tanks on the north side, the tanks, the pre-cast settling, settling tanks? FESCHE: Yes. GILLIS: How big are those and how deep will they go? Approximately. FESCHE: I would say theyre eight feet down and probably 250 gallons. GILLIS: Okay, will that, is that going to hit the water table? FESCHE: Weve had discussions about that, and were going to find out. GILLIS: I would probably think that it might. BUCKLEY: Um hm. GILLIS: Youre going to need a pad and some tie-downs, and stuff like that, for your tanks. I dont, Im not sure how low, high the water table is there, but youre going to have an issue with that, just bring that up for your consideration. And, item #6 is a grease trap. Is that grease trap the same size, it looks per scale on the drawings about the same size, but would it be the same size? I dont think it would be, would it? BUCKLEY: Now thats for the sediment, right? GILLIS: Well, the grease trap TAYLOR: No, thats for the restaurant. GILLIS: #6 is for the restaurant, for the kitchen. But #7, and #7 is for, a settling tank is for, the brewery or for um? FESCHE: The brewery, yes. GILLIS: Okay, looks like theyre in the same waste line, is that, or is it interrupted somehow? Well, thats your City of Ocean City plumbing problem, thats theirs to deal with. Anyway, those tanks, you may have some issues with those, as far as the water table goes. Um, I think I have a couple other questions, but maybe somebody else has some. BUCKLEY: Okay. BROUS: Are you bottling beer also or is it just the keg? FESCHE: Just the kegs, but eventually we also want to can beer. BROUS: Okay, thats it. I dont see a problem with the deliveries, I think theyll get them out early in the morning, and I mean, you know, its their product, its not like Holt or someone, Sysco. But if its their beer, it should be in the morning, or even the early afternoon, I cant see other than a Saturday or Sunday being slammed with cars at noon, thats my opinion.
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BUCKLEY: But theyre also delivering for the restaurant in there, which is Holt and BROUS: Sysco and other than that, they cant control that, but they can control when their beer is going out. BUCKLEY: Oh definitely, thats not the issue, really, I guess. BROUS: When their beer is going out, they can decide when its the best time to get the kegs out of there, but Holt, Sysco, etc., and all that TAYLOR: How extensive is the menu? FESCHE: The menu is standard pub fare, about three or four pages long. BUCKLEY: Okay, um GILLIS: I just have one more question. BUCKLEY: Go ahead. GILLIS: When the grain is delivered to the silos, how long does that operation, you said its air-blown? FESCHE: Yes. GILLIS: Does that create a lot of dust, is it contained, how is that done? FESCHE: The silo, its a brand new silo, well it has a GILLIS: Direct connect, is it like a connection and its blown into that? FESCHE: Yes, and it should collect most of the dust, and it will probably take us an hour. GILLIS: Okay. But theres a noise and an operation, yeah, okay. FESCHE: There is some noise. BUCKLEY: I have one question on the remains from the brewing thats going to be this three or four ton, on this trailer. Now, is it just, is it ever contained, I mean, enclosed in anything? Does it have a top on, I mean a cover on it? Its just sitting wide open? FESCHE: No, it doesnt drip. MILLER: Does seagulls like it? FESCHE: Seagulls probably like it. BUCKLEY: And dripping, and
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GILLIS: A small (indistinguishable word). BUCKLEY: You see, that becomes a nuisance, I think, for residential people. Okay, alright. FESCHE: Were going to keep our parking lot cleaned. TAYLOR: The gulls are going to come and land in it. BUCKLEY: Yeah, I mean it, okay, alright, well have to think about that one. CROPPER: Put some conditions on the approval, well have to cover it up and just MILLER: Were just trying to figure it out. BUCKLEY: Okay, were just trying to figure it out, you know, and thats um, thats what I job is. CROPPER: I dont think they want sea gulls picking on it either. BUCKLEY: No, I dont think they, but maybe they hadnt thought about that yet, Mr. Cropper. (chuckle) MILLER: Does it have an alcohol content with that? BUCKLEY: Now if it were ducks, wed be okay with (chuckle). GILLIS: Drunk seagulls! That could be fun! (chuckle) BUCKLEY: Um, anything else for this gentleman? Lauren, John? Okay. CROPPER: Mark, before you go. Just a couple of follow-ups, I think you really covered everything. Mr. Gillis asked you about the bike racks for the outside assembly area, and you said hopefully it would assimilate into the neighborhood and youll attract people from the other, be it Johnnys Pizza, or Fagers, or you know, attract a lot of pedestrian traffic in there. FESCHE: Yes. CROPPER: And you want to encourage that with those bicycle racks. FESCHE: Yes. CROPPER: And you do have ample handicapped parking out here in the front, thats a real fact. FESCHE: Yes. CROPPER: Okay, and as we did, as you did point out over, and over, but for the record, it is a, it is sort of a structural, existing building, that would difficult to retrofit any other way other than what it is.
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FESCHE: Yes. CROPPER: Okay, and youve spent a lot of time in that building. FESCHE: I have. CROPPER: You were probably there today. FESCHE: I was. CROPPER: Okay. GILLIS: Can I still ask a question? BUCKLEY: Let him finish. GILLIS: Okay, Im sorry. CROPPER: No, no, Im done. What I was going to say is, I have other folks here but I think Marks pretty well covered everything, so if you have any other questions, go ahead, hes the best. BUCKLEY: Okay. CROPPER: He knows beer for 20 years. BUCKLEY: Okay, Palmer, go ahead. GILLIS: This might be a Blaine question. Do these handicap spaces, I have trouble enough backing up, and some would say Im handicapped, but Im not handicapped, um, would there be a better location for the handicap spaces, that they wont have to deal with backing up onto, potentially, Coastal Highway? I mean is it, you see how the geometry works there? SMITH: Yes, yes. GILLIS: I mean, youve only got another 20 feet to get to the sidewalk SMITH: Right. GILLIS: and it would seem to me that a handicapped person, possibly, will have more challenges than, maybe, so would it be better from a planning standpoint to have the handicap spaces on the main parking lot? SMITH: No. GILLIS: Okay. SMITH: The reason being, the Federal Laws says that the handicap spaces have to be as immediate to the front door as possible. And theyve got the ramp to the north side of
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that handicap parking, thats how they access to get into the building, and they are as immediate to that ramp as you can get. If you moved them over into the parking lot, youre moving them away from the ramp unless you redesigned the ramp. GILLIS: But I think the Federal Law also says reasonable accommodation. SMITH: Yes. GILLIS: Which means that, from a life-safety standpoint, a handicapped person backing up onto Coastal Highway; I mean, theres nothing that says you cant put a handicap ramp on the south side of the building. SMITH: Well, and the other thing, youre right in that, you can do a T-type turn-around and drive off the property, but realistically theyre going to back out. GILLIS: Onto Coastal Highway. SMITH: Youre looking at it. Thats going to be the nature of the beast. There is enough back up potential, but it, it lends itself to just backing out. GILLIS: I see how it works and how it doesnt work at the Minut Market, and the challenges the traffic presents there. Im just suggesting as an idea from a planning standpoint that, at least you could split them up maybe or something. I dont know, again, Im relatively new to this board, but, from a geometry standpoint, it would be better to have some on the south side, possibly. SMITH: Yeah. BUCKLEY: And you just move that ramp to the, I mean down to where the bicycles are, and take one of your little hash marks there and move them right in there. SMITH: And that could be done, yes. MILLER: What were going to try to do, Blaine, is make something thats not going to create a worse situation than what we already have, and we have a couple things here that jump out at me as a restaurant owner and just being in town forever. I dont see where delivery trucks are going to be able to come in this place. I dont see how trash is going to get in and get out in a timely fashion in the course of the summer. I dont see how theyre going to be able to load their trucks and get in and out. And what Parker brought, Palmer brought up with the handicap, I mean, I understand youre trying to fit legally what youve got to get on the property to have the space you need and the amount of square footage, but we should be making something better in Ocean City than creating a new nuisance. I just, if this place is as busy as it potentially can be, that place is going to be packed for lunch, and theres going to be trucks and food and everything trying to go somewhere and I dont know where theyre going to go, and if theyre parked, if theyre on Coastal Highway thats not what were supposed to be doing. And there is parking on Coastal Highway on the north side of that street. I think you need to accommodate, wheres loading and unloading on this? I mean, you have two, two FESCHE: Where the existing overhead door is, thats where my shipping and receiving take place.
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BUCKLEY: Were talking about the restaurant here. MILLER: Yeah, Im talking about the restaurant. BUCKLEY: You came in with a mixed-use site plan here. MILLER: A coke truck and a sysco truck just came in. Where are they going to go on Saturday morning at 11 oclock? FESCHE: Theyre going to stage themselves in our parking lot, and the deliveries are going to come in through those two double doors in the middle of the building. BUCKLEY: Okay, so thats half your parking lot is down. MILLER: We just took 60 feet of trucks and knocked out your parking spaces. BUCKLEY: And then theyve got to back back out on Coastal Highway. FESCHE: How does it happen on the Boardwalk, realistically, how does it happen on the Boardwalk? I mean, I see the delivery trucks early in the morning. BUCKLEY: Well, thats an issue that weve had forever, we dont want to try to keep continuing that FESCHE: Okay, I respect that. BUCKLEY: continuing that situation. MILLER: I just want this to work for you, and right now I dont see how this works. FESCHE: I see how it works, I do. BUCKLEY: Well, first of all, its got to have a loading zone stamp on here, of where thats supposed to be. But right now, the delivery trucks are going to have to back out onto Coastal Highway. Trucks are going to have to back out, onto Coastal Highway. FESCHE: I think a delivery truck can turn around in our BUCKLEY: Not your delivery truck, the 18-wheeler CROPPER: I dont wanna, I think the majority of them, I mean lumber trucks for years, turned around, thats a big MILLER: Those are parking spaces, Hugh. CROPPER: thats a big long place BUCKLEY: But they didnt have, you didnt have parking spaces then. FESCHE: (indistinguishable, too many people talking at once)
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MILLER: Are you going to have cars in those parking spaces or not? CROPPER: come back here in the rear by the GILLIS: You cant make a three-point turn with an 18-wheeler in 63 feet. CROPPER: I bet you can with anything else. GILLIS: Probably but not in 63 feet. CROPPER: And I dont think theres many establishments in Ocean City, new or old, where an 18-wheel tractor-trailer can do a turn-around in an existing, dead-end parking lot. GILLIS: No, I agree. BUCKLEY: But they typically can drive through, in a lot of places, what were trying to do, anyway. CROPPER: Even if you tear off the back of the building, a tractor-trailer isnt going to be able to go, youll have to tear off a big piece of the building actually. GILLIS: Well, youre right, youre right about that. You cant, I mean its a 20-foot bay, or 25-foot bay. Youre going to have to do either nothing or 25 feet. CROPPER: I suggest to you that if trucks back up on Coastal Highway, thats an issue, but I dont think thats going to happen because you have several hundred feet. The only people that theyre going to hurt by having a truck sitting there is themselves. MILLER: Okay, so a truck pulls in nose first, into this parking lot on the south side. And, its 11 oclock on Saturday. You mean to tell me that theyre going to turn around and go out nose first? CROPPER: No, theyre going to have to back out. MILLER: Into Coastal Highway. CROPPER: If its, but theyve got no business bringing an 18-wheel tract I dont think youre going to see many of those BUCKLEY: No, but forget its, forget, maybe just a nice big box truck or whatever they bring in. CROPPER: A Sysco panel truck can come there in the back, Ill suggest he make a turn in that, in front of that overhead door. MILLER: And more oft TAYLOR: Youre not going to have a panel truck, youre going to have a big truck because thats what those will run.
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GILLIS: Not an 18-wheeler. MILLER: Well, and I guess Im just, on my own experience with Kitty Hawk Grill at 46th Street, when the parking lot was the same as this, and when they couldnt get in that parking lot, they stopped on Coastal Highway, and unloaded on Coastal Highway to bring their stuff in. Which I understand except all of yours is parking and access. There is no place to stop on Coastal Highway there. CROPPER: They will not stop on Coastal Highway here, yeah. I mean the police will give them a ticket, the only place they could stop would be at that corner, and nobody will allow them to stop there. Theyre going to have to pull into the parking lot, and either go to the end and turn around, or theyre going to have to back out and MILLER: Im listening to you because I dont BUCKLEY: Okay CROPPER: I realize this, but I guess this is a site plan issue, but I just want to, I dont want to play lawyer. There are two issues here, the Conditional Use and the Site Plan. As the site plan issue goes, thats important because I guess everybody has that problem. MILLER: The Conditional Use, Im fine with, but is this not the time for us to talk about site plan? BUCKLEY: It says concurrently a site plan review of proposed, I mean, youve asked us to do both, correct? CROPPER: Im here on both. BUCKLEY: Okay, alright. CROPPER: Thats what Im talking about. MILLER: I mean, my personal opinion is, I dont know about all the rest of the people up here, but I love the concept. I love everything about it, I just want it to work in our town. And I dont want to create a worse situation that we cant remedy down the road because you put your cooler back there and didnt want to tear one wall down to make it so people can get in and out of. I think BUCKLEY: You think its expensive now? Wait until you get it all up and running, and you dont have access in that back. Youre going to want that access to the rear of that property. MILLER: I just have been involved and design and businesses in Ocean City for 35 years, and I just really would hope that you would look at creating a way for trucks to get in and out of that place. GILLIS: Mark, if you, your dumpster pad is identified as item #1. Is it possible that that dumpster pad, and I dont, this is geometry question, but could that dumpster pad be put
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somewhere else and a truck go behind the back of the building on to 56th Street? Youre saying, what is back, exactly, one way, because youve got more than 10 feet, it looks like you have scale-wise about 12, maybe its 10 feet, I dont know. FESCHE: Theres a fence and a ditch and a mound and some reeds MILLER: And a front-end loader could take care of all that stuff. GILLIS: Well, I mean, the point is, if you, even sometimes with handicap restaurants, if you can show how you can do it, I think that in the future when you find out that you do to do it, then at least youll have a way to do it. So if the dumpster pad were to be put somewhere else, it would allow you direct access to turn perhaps. Whats on the west side of your property line, is that parking lot for the Maresol, or is that, is that hidden, what is happening here on the west side of your property line? MILLER: Its the pool I think, the Maresol pool or something. GILLIS: Well, okay, just go through the pool, I mean, just (chuckle). No, but is there a way to get a truck down that alley and out to 56th Street? I think everybodys intention here is to make this the best for you guys possible. FESCHE: Sure, sure, and if you know, if you want to meet me there tomorrow aft-, tomorrow and we can look, but I think youll see that theres no way to do it. Its too narrow, and a CROPPER: If youll remember, Mr. Gillis, Im sure youve been there getting lumber, but this things built on a concrete slab and the back of it goes down, and the concrete slab goes down to get into the garage door. Youre talking about altering elevation, youre talking about GILLIS: No, no, no. No, all Im talking about is a way out for the trucks, so the truck comes in, unloads and loads or whatever, where the double doors are where he has, but instead of backing out onto Coastal Highway, he goes nose out to 56th Street, to create a loop. CROPPER: (indistinguishable) he goes through the building? BUCKLEY: Around the back of the building. GILLIS: No, no, no. This, this, theres a least 10 feet back here CROPPER: Again, the building is built up on a grade, concrete, and the back of it goes down like that, so youre going to have a drop off, youre going to have to raise the grade back there to GILLIS: That wont be the first time that a right grade has been raised, with a retainment wall. CROPPER: But then youre going to have issues with, I dont know if youll have setback issues, I dont know about the Maresol (indistinguishable)
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GILLIS: For what? A driveway? Does a driveway have setbacks? Okay. BUCKLEY: No. CROPPER: If I, if I have to bring it up, I dont know. GILLIS: With a retaining wall? MILLER: I mean, Ill take Mark up on going up there tomorrow morning and going to look at it with you. FESCHE: Great. MILLER: I mean, I CROPPER: Is this parking? I mean, I think this is parallel parking over here. FESCHE: Thats all parallel parking. GILLIS: It is, so it would mean the City would have to give up a space. CROPPER: Youve got to go to Mayor and City Council and have them give up a space. GILLIS: Well, yeah, I agree, so well just BUCKLEY: Well, why? MILLER: We do that all the time. GILLIS: Yeah. CROPPER: Wow, let me tell ya, I was involved in the parking on the street and the City seemed pretty sensitive about giving up MILLER: Well, for something to create a situation that doesnt cause something bad in the area? BUCKLEY: Plus the fact that CROPPER: I think the only people its bad for, in my opinion, and its going to hurt this business, if theres a jam up in the parking lot, its going to be their problem. BUCKLEY: But why would they want to create a situation, Hugh, that we knows going to be a problem. CROPPER: I disagree that its going to be a problem. They bring in the smaller trucks and its going to be fine, youve got 80 parking spaces, there are restaurants that dont have any parking. TAYLOR: 72.
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BUCKLEY: Yeah. CROPPER: Or 10 or 15 spaces, theyve got 80, theyve got a huge, theyve got a sea of parking there. We can only hope that that thing will be full. GILLIS: We want it to be. MILLER: I mean, I anticipate, I think its going to do really well. BUCKLEY: I think, yeah. MILLER: And I just want to make sure that when you have a couple hundred people at the restaurant, youve got delivery trucks going, its July and its raining in August and they didnt bring their bikes, youre going to have a mess there, and I think nows the time to stop that or address that. CROPPER: I, I agree, but any mess is going to be interior to their MILLER: Yeah, but when you take the tourists of Ocean City, and the people that live in the neighborhood and you create a detriment to the area, thats what were in charge of. BUCKLEY: And it does, it does blow out. MILLER: Thats why were here is to look at how it affects the surrounding neighborhood. CROPPER: I agree, I agree, but youre asking essentially to tear off a substantial portion of that building because youre going to have to have turn radiuses, youre going to have to get in there, change, jackhammer out a lot of concrete, youre going to have to get rid of parking spaces GILLIS: I dont economics is a hardship. CROPPER: Im not saying economics, Im just saying I dont even know where the utilities are in that slab, youre talking about a major project. GILLIS: And maybe thats not done today, but Im always looking for a way in the future you could do that, so if two years from now hes just blowing the doors out with customers, theres a way to do that and were not trying to fence him in the corner I dont think to prevent him from doing that in the future. ESHAM: One question I have from sitting here listening, is if you moved the dumpster, Palmer, and created the alley, that still wouldnt allow an 18-wheeler to get out. Correct? That still would be backing down, correct? GILLIS: Well, a typical lane is 10BUCKLEY: We probably dont have those coming. GILLIS: The typical lane is 10 to 12 feet wide. Looks like to me the setback is at least 10 feet, so I agree with you, and the radius would be tight.
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ESHAM: And then you said earlier in the other truck could turn around, and go out head first. GILLIS: I believe that any other, most any other truck can do that, a 3-point turn. ESHAM: So I mean, I could see if this would accommodate the backing down of an18wheeler on a Saturday at noon into Coastal Highway traffic, but its not going to. BUCKLEY: Yeah. GILLIS: Well, were just looking for a way out as an alternative and if it BUCKLEY: Because in my way of thinking is that theyve got parking all back there. You know, so if, Im just ESHAM: No, I agree, Im just wanted to make sure that we werent trying to get an 18wheeler out of there, keep it from backing down. BUCKLEY: I got ya, I got ya. MILLER: Youve got a 20-foot road. ESHAM: Right, and thats not going to happen. MILLER: I understand that. GILLIS: What do you mean a 20-foot road for an 18-wheeler? MILLER: Like the alley we have at 67th Street is 20-foot, and an 18-wheeler does come around that. GILLIS: Well, thats the, youre talking about a right-hand turn here. MILLER: Yeah, Im just saying, right. GILLIS: Im still worried about these parking spaces on the front. Id like to go back to that. ESHAM: I think you can turn around in the front without having to back out. GILLIS: Let me point out an alternative. You have five spaces there, you have from the edge of the sidewalk to the city sidewalk. ESHAM: Are you on the handicap spaces? GILLIS: Yes. ESHAM: Okay.
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GILLIS: Youve got 5 spaces shown on the drawing. Youve got 40 feet from the sidewall to the street sidewalk. If they have a handicap space at 8, 5, and 8, which is 21 feet, youve got 40 feet there, so you could actually have four fa-, you could have two at least facing the north and at least two facing the south. So they would back up into the parking lot and not back up into, so all Im suggesting is you consider rotating the parking spaces 90 degrees. Now thats four handicap spaces which exactly replaces the four handicap spaces. And then you, you have, since youre only consuming 21 feet and you have 40 feet, youd have enough room for another space or two, I believe. But that way youve got 60 feet as the distance of the building. You have more space from the north sidewall so you could actually have more than enough distance to back up; youd have more than the 63 feet that youd need. MILLER: Youd have about 38 feet to back up, 36 feet. GILLIS: Correct, youd have plenty of space there to rotate those parking spaces and prevent at all times to have them back up on Coastal Highway, which I guarantee you they will. ESHAM: And then thats something we could charge Mr. Smith with figuring out GILLIS: Yeah, but, well the geometry works that way, 8, 5, and 8 parking, theyve got a van parking space, I mean, itll work. BUCKLEY: Alright. TAYLOR: Well they have to come back with an actual site plan. GILLIS: Oh, okay. TAYLOR: So, assuming that they get the Conditional Use, which we havent gotten to that part yet BUCKLEY: Well, theyre asking for a site plan review tonight as well TAYLOR: Well, this is not a site plan. BUCKLEY: so were going to have to give, were going to have to give them direction on that. TAYLOR: This has nothing, it doesnt have landscape, you know, this is not a site plan. GILLIS: Well, I guess, I dont know about them, but it looks like to me theyre actually physically doing something, so I think they would probably want a good idea tonight of what concerns we have, they could come back with landscaping, perhaps, on the final site plan, but I think they would probably want to hear as much as they can from us. CROPPER: This is not the usual site plan review because the building already exists, these concrete areas already exist, so GILLIS: Uh huh, well, they can change.
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TAYLOR: But youre a change of use! BUCKLEY: Youre a big change of use! CROPPER: I understand it is, thats why, I understand, thats why were here, but Ive got to say with all due respect yes, we would like direction, but as far as building and the parking and the conditional use, we would like to ask for your approval tonight. TAYLOR: Right, but were going from a retail operation of some limited number of people using to a manufacturing and retail and dining establishment GILLIS: 220 seats. TAYLOR: so, its a significant change of use, and a significant change of the building and the parking. CROPPER: I dont think it is 220 seats, Palmer, its however many seats we can get in the GILLIS: Thats what he, his testimony was 220 seats. CROPPER: Well, he will be standed corrected by the Pope; because however many seats you can put in 4800 square feet is it. MILLER: Ill let you know in a second. GILLIS: Well, whatever it is, its going to be more than the 3 or 5 customers that are there at Adkins Company. TAYLOR: Right. BUCKLEY: Okay. Let me get control back for a minute. TAYLOR: Can I ask a question just because Im curious? How does the food get in the kitchen? GILLIS: The side doors. BUCKLEY: It goes through the dining room. GILLIS: Through the dining room, yeah, right here. TAYLOR: So, while you have customers there you can bring food in to the kitchen against the bar? CROPPER: Can I back up and explain myself a little more clearly now that I think Ive got my thoughts together? I would, and I know Peck respectfully said he was supportive of the Conditional Use, I appreciate that. We need your decision on the Conditional Use so we can go to the Mayor and City Council, so thats why we would like that decision.
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GILLIS: Do you wanna split it up? Do you want to do the Conditional Use and then have comments on the site plan? BUCKLEY: Hold on a minute Mr. Gillis, let me, first of all, we want to correct this number of seating. What was that? Blaine, have you recalculated the number of seats in this restaurant? SMITH: You cant. The reason being, the 4800 is the kitchen, toilets BUCKLEY: Oh okay. Okay, okay. SMITH: And until you know the actual physical use area, it would probably be one seat, Im sorry MILLER: Per 15. SMITH: its 11 square feet per person. MILLER: 15 is what the Fire Marshal says. SMITH: Or 15 in some case MILLER: So you could have 320 seats then if you didnt have a kitchen? SMITH: Yeah. So youve got to really BUCKLEY: So its going to be in the range of 200. SMITH: Yeah, most likely. BUCKLEY: Okay, 200 plus or minus. Thats still a heck of a lot of bodies, and as weve said before, I think maybe Palmer was correct if we, I dont think any of us are very comfortable on approving the site plan tonight, I think youve heard our issues. And its, the staff knows that this is not a full site plan review that which we are typically are given. So um, it appears the most important thing is the Conditional Use, which is why we are here for a public hearing, so we will continue with that matter, and get a determination on that this evening for sure; and then we will discuss the site plan and what should come back to us CROPPER: Well, I want to hear your comments on the site plan. BUCKLEY: Thats what Im saying, thats what were going to do, were going to get this, let me, I have to go through certain things for a public hearing to go through the legal process, so lets get that done, okay? And then well all sit here and chew on our thoughts a little bit on the site plan. CROPPER: Well, weve completed our case on the Conditional Use unless you have any questions. BUCKLEY: I understand that. Yes. So now I have to ask if theres anyone that is opposed to or in favor of this Conditional Use that would like to speak tonight. There
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being none, does the Commission have any further questions or do they feel they have enough information for which to render a decision on this application? MILLER: Can I ask a question of the applicant? BUCKLEY: Yes, you may ask a question of the applicant. MILLER: Are you in a position to ensure in the Conditional Use
BUCKLEY: But speak in here though. MILLER: Are you in the position to ensure in the Conditional Use that the storage of the leftover material will be disposed of in a quick fashion or youll take care of it so theres not an odor, offensive odor in the area? FESCHE: Yes, yes sir. MILLER: Okay. BUCKLEY: Okay. SMITH: Chairman. BUCKLEY: Yes sir. SMITH: I did have one question, because the overhead door is a large overhead door, and then thinking in the summer time, the seasonal aspect, how often that will be open and shut. Obviously it will be open during delivery and that type of thing, but would they leave it open otherwise normally on that side of the building, during the summer months. BUCKLEY: Can you answer that Mark? FESCHE: On a hot summer day I think that door would be open. GILLIS: Yep, but thats not where the offensive, the offensive odor is going to come from. FESCHE: The odor, yeah, comes out of the pipe. GILLIS: To me thats a non-issue if that door is open or closed, because it doesnt do any harm, its that tank that sits on that southwest corner. BUCKLEY: And theres not a noise with the operation of the um GILLIS: Not much. FESCHE: Theres not excessive amount of noise, no. BUCKLEY: Not that would be normal restaurant noise. FESCHE: Pump running, forklift running.
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BUCKLEY: Okay, so weve dealt with the disposal of the remnants. Weve talked about the sediment going through the double drain issue, weve discussed the water demand, delivery of the grain, noise, lighting, obviously its got to be kept on the parking lot; the number of employees weve discussed, the hours of operation, parking, weve discussed your experience. Is there anything else? STALEY: Delivery of the product. BUCKLEY: Delivery of the product and the distribution of the product. Anything else in a Conditional Use we need to address that Ive missed? MILLER: I just have a question TAYLOR: Change of population in the area since that building was open has changed. The neighbors to the north are different than the original Conditional Use. BUCKLEY: But that could be a positive thing in that; a restaurant could be needed but weve still got to double check on making sure were covered, that theyre not going to be handicapped or not going to be um TAYLOR: I mean, thats one of the Conditional Use questions that has to be addressed. BUCKLEY: Right. MILLER: Can I ask a question too? Is the amount, the volume of water that goes down the sewer, is that something that were supposed to be addressing or plumbing handles that. TAYLOR: Well, thats why Id like to see a full staff review of the site plan! We dont have the Fire Marshal, we dont have Water Department, we dont have anything. MILLER: Blaine, my last question, could you answer that? SMITH: I dont believe its the volume thats the issue. Its the level of treatment thats going to become the issue. MILLER, TAYLOR, BUCKLEY: Thats not us. SMITH: Thats the effluent. No, but I do believe in the recommendations of the Mayor and Council that that has to be resolved with Waste Water if it is acceptable to receive it in that condition BUCKLEY: Right. SMITH: or level of treatment. Because it will affect. We know that because we went to Burley Oak in Berlin and that was one of the questions that we raised with the level of treatment and thats why he has a settlement tank to do what they do. And I dont think theres any expert testimony here tonight that that level of treatment reaches where we want it to be, if you will. Now, I dont know what it is personally, but I know that is a question mark as to the level of treatment of the effluent.
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MILLER: So we would just put as treatment levels to the standards that are acceptable to the Town of Ocean City or Waste Water Department? SMITH: Or even MDE even. BUCKLEY: Yeah. Now what staff, this is a question for Blaine, sorry Mark. What kind of staff review has this had? SMITH: It has not been to TRC I dont believe. STROUD: TRC is supposed to be Thursday, this was only supposed to be SMITH: Relative to the site plan. STROUD: preliminary, and then they have to go to TRC. BUCKLEY: So they havent looked at the location of the dumpster? SMITH: And thats the reason why your site plan is critical in that, the public hearing is for the use, the site plan will have to go to TRC, but it also needs authorization from Mayor and Council to endorse your recommendation. BUCKLEY: Right. MILLER: For the use. BUCKLEY: For the use. SMITH: It would almost be premature to approve the site plan. BUCKLEY: Well, thats why I was curious was it was asked that they were doing simultaneously in the public hearing. SMITH: I think the reason why it was being asked, and I think Mr. Cropper has explained, because its an existing facility with an existing infrastructure that he didnt perceive that there was a change that would necessitate a site plan review, I would suspect. BUCKLEY: Okay. CROPPER: Yes. SMITH: But, questions have been raised that because of factory (indistinguishable) or whatever BUCKLEY: Okay, whatever. CROPPER: Were delighted to come back on the site plan. SMITH: Yes.
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BUCKLEY: Alright, anyone else have anything they would like to say about this public hearing, on the Conditional Use of this piece of property? Any other questions? Have enough information to make a cre, to come up with a credible opinion? MILLER: Well see. TAYLOR: Move to close the hearing. BUCKLEY: Alright, Ive got a motion from Lauren to close the hearing. GILLIS: Second. BUCKLEY: A second from Palmer. All in favor? COMMISSIONERS IN UNISON: Aye. BUCKLEY: (gavel) So moved. Alright, I believe the applicant would love for us to deliberate this at the moment and give him an answer so they can move forward, one way or another. So, I can start at one end, and work my way. You want to start Lauren? Or do you want to let Palmer start? TAYLOR: Palmer can start. BUCKLEY: Palmer can start, hes new at this, well let him GILLIS: Thanks. BUCKLEY: feed him to the birds. GILLIS: I share the same concerns about the odor from the stored tank on the southwest corner and I think it can be controlled. I dont think its a major problem, I just have a concern about and it may, maybe instead of insuring or assuring the Board, maybe we need to be more specific about it either needs to be removed or moved within a certain period of time, whether thats four hours or six hours or 24 hours or something like that because the longer it sits there the more its going to smell. I dont know how you enforce something like that, but Im sure the neighbors will help the community support/enforce that by just complaining. TAYLOR: And is there some reason why it cant be covered? GILLIS: I think hes, didnt he say it was covered or wasnt? TAYLOR: No, he said it wasnt. FESCHE: Its not covered. I dont know how much good a cover would do. GILLIS: Yeah, its just gonna get ESHAM: Well, what about the seagulls though, that would be my concern is keep the seagulls out.
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FESCHE: My solution is have that trailer taken out immediately. ESHAM: Yeah, but yeah, but that does not always happen. TAYLOR: Right. GILLIS: Be realistic, whether thats four hours or six hours or eight hours, I think we need to be a little bit more specific to be fair to you; so when youre saying immediate that means FESCHE: Well, then I would say that day. MILLER: End of business day. GILLIS: Business day. BROUS: At end of business that day, prior to 4 oclock would be alright. FESCHE: By sunset, by BUCKLEY: I think it has to have a cover on it. ESHAM: I mean, in case it sits for two or three days why cant it be covered as a precaution? BUCKLEY: Well, if it sits for three or four hours in the middle of July 4th and you cant get out of the town, you might be there for 24 hours. FESCHE: Sure. MILLER: And if it rains and the sun comes out, and then it gets cooked again. BUCKLEY: Right. GILLIS: Suppose somebody throws some crabs in there or something. TAYLOR: Right. GILLIS: But anyway, that would be my concern if we can come to some consensus as to how quickly it moves, what Lauren mentioned is something I had also had a note down here about. The change in the neighborhood, the neighborhood has changed a lot since this last Conditional Use, substantially since 1973. I dont think it has any negative impact on this use, however. Thats all I had. TAYLOR: Well, I had BUCKLEY: Wait a minute, you wanted to do this TAYLOR: Are we going to do this, okay. GILLIS: You wanted me to start, now.
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BUCKLEY: Lets play nice people. Mr. Brous, Joel. BROUS: I think its a great use of the existing property in town, and I would think that, its more site plan related, but as far as parking goes and deliveries, I think were worried about a 1% of the time problem when most of the time, its not going to be that full because its early morning or early afternoon and most of the cars that are there will be parked way up front by the entrance and the whole back is wide empty for turn-arounds. I think were planning for, you cant plan for 1% of the process. TAYLOR: But the restaurant, okay. I thought we were going to have a back and forth with each person MILLER: As a Conditional Use, I think its a great use, Im looking forward to it. I think its going to be wonderful for the Town of Ocean City. I am concerned about the odors, and Im not sure, what length term Conditional Use, or is this a permanent Conditional Use, or what are you asking for? FESCHE: Permanent. MILLER: I think that one of the things that we have to put with this Conditional Use is that were not a lot, you cant have odors, and youve got to spend the money and the time to solve it, and we dont need to be policing it 24/7. Youre putting a new product in town, its your product, you take care of it. I think that you could lose your license or your Conditional Use if the odors are too BUCKLEY: Abrasive. MILLER: hard on the neighborhood, because its not something that we as town members should be, or tax payers should be worrying about, so I think its incumbent upon you to do that. I think thats a very important thing that were doing. The rest of it, as far as the wastewater and things like that, I think you need to deal with what the Town of Ocean City is acceptable with and I think its all doable. I think all of this is doable, but I cant emphasize that the only way Im going to let this thing go through is if there is not a problem with the odor. Not if its sitting only for six hours, or eight hours, or ten hours, you just take care of whatever the issue is. But other than that, I think its a fantastic project, Im looking forward to having you all doing it. BUCKLEY: John. STALEY: I think its a good project and Im looking forward to it. Ive seen that building empty long enough, and Im sure that you people will solve those problems that we have presented to you tonight. CROPPER: Thank you. BUCKLEY: Lauren. TAYLOR: Yeah. No, its a great use for a building that, you know, if quite limited in what you can do with it because of its size. But my concern is the odor thing from the manufacturing and the holding of the by-products, so I agree with Peck that that has to
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be a condition of the condition, is that, and it is a totally different use, youre going from as Palmer said, from having five people there at a time to having cars coming and going all day and all night. Before it was only open from what, 7 in the morning til 5 in the afternoon or something? Monday thru Friday most of the time? GILLIS: Half day Saturdays. TAYLOR/BUCKLEY: Half day Saturdays? TAYLOR: And now youre going to go to a facility that has people coming and going and trucks coming and going all day, every day, into the night. What time are you going to close? MILLER: Two. FESCHE: When the last person leaves. TAYLOR: Well, you know, the people who are living now in the residential area to the north of you STALEY: Not used to that. TAYLOR: thats going to create a lot of noise and problem and traffic. FESCHE: Not a problem. TAYLOR: Not for you but for them! So I just think there is a big change here in the Conditional Use. The question with Conditional Uses is it worse here than anywhere else, anywhere else theres residential, its going to be a problem. But I think, the site plan when it comes back has to be a full site plan as though this is brand-new project, it has to have the landscaping, it has to have the water, it has to have the trash, staff comments, the whole thing. We start over. Its a new project, its a change of use, youre rehabbing a building and thats very interesting and wonderful, but it doesnt mean you get a pass to just open the door and start over. And other comment the restaurant, those parking spaces in front of those restaurant doors are where the Sysco trucks are going to park, and the U.S. Food trucks, and the liquor delivery trucks, and all those trucks are going to park there because thats where theyre going in, and theyre going to take up all those parking spaces. But thats again, thats your, thats an operational problem. So, thats what I have. BUCKLEY: Okay, the one other thing that I have, Im trying to write down all these things, the one thing that we were talking about with the, you know, when you start to get into the operation of the restaurant and that sort of thing, I have to say I personally walked around this and I wasnt sure if, I dont remember whats on here, if we need, weve got the street as a buffer to the north. Now to the south, do we need fencing, do we need landscaping on here? MILLER: Well, thats all up to Sunset Bay, whatever its called. BUCKLEY: I know, but Im just saying that that would be a Conditional Use item, not necessarily a site plan item.
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CROPPER: Now by way of testimony and now that Mr. Smith is here, the Conditional Use, and if you read our advertisement, I dont want to split hairs, Im not trying to avoid anything, Im open to everything. But the Conditional Use is for that portion for the manufacture of beer. Restaurants and bars and retail do not require Conditional Uses, so I welcome any comments BUCKLEY: I understand that but youre still, but if still, a third in the back CROPPER: I dont like the Conditional Use because the restaurant is going to cause noise is not technically what were here for BUCKLEY: Oh, thats true. CROPPER: the restaurant doesnt require the Conditional Use, the manufacture of the beer BUCKLEY: Okay, but its amazing when you come with a mixed-use project, and you want a Conditional Use for almost half of it CROPPER: Well, thats fine, Im here to MILLER: We can rephrase that. You love the restaurant BUCKLEY: Love the restaurant. MILLER: Its not the beer, we may have a problem BUCKLEY: But because of the beer we may have a problem with your neighbor. CROPPER: Im open to everything but I just want to remind you, when you send your recommendation or lack of recommendation to Mayor and City Council, what were here for is the manufacture of the beer. Thats what requires the Conditional Use. MILLER: Understand. BUCKLEY: We are aware of that, thank you. Okay, the only thing I would like to add to this is due to the Conditional Use on at least a third of this piece of property is to have some sort of buffer on the west and the south side; maybe that could come back on the site plan, when were looking at that. Because I, other than that, I think its a, I hope it works, I think its a great use of that building and that location, it should be good, and okay, so we will, I will entertain a motion on this Conditional Use for the brewery on 56th, the south side of 56th Street. MILLER: And no site plan at all is attached to this. BUCKLEY: No site plan is attached. A site plan will be coming back, they just presented this so wed have some idea of what was going on, this was not intended to be a site plan. Were going with that thought, and anyway, Ill entertain a motion for the Mayor and Council.
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MILLER: Ill make a motion. TAYLOR: Yeah. MILLER: Ill make the motion that we approve it, the Conditional Use, and Im not sure how to say this out there, but wed, in this approval, the applicant must control any odors that come off this property as the result of the manufacturing of beer, whether its the storage, whether its the dust, whether its anything, anything that comes out from a manufacturing standpoint, or the leftovers, you have to control it. Theres no ifs, ands, or buts. BUCKLEY: The water, the effluence. MILLER: The water of course, that comes out, has to be tied in with the Town of Ocean City Wastewater or MDE allows the level of whatever treatment that youre doing to the product, so those two things I think are the very most things. As far as the production of beer, I think that you need to take into consideration your neighbors to the south of you and to the west of you, and make sure that there are no issues, so if theres fencing required, going out and having a beer with them to figure out what they need and dont need I think is going to be very important. BUCKLEY: Also because of that door being open, it might be wanting to have some privacy. TAYLOR: Maybe kegs stack for rentals. MILLER: Whether or not you need to fence or close off but I think thats basically what Im looking for is that youre not going to injure anybody thats south or west of you because of the production of what youre doing. CROPPER: May I ask you a question. BUCKLEY: Let us get a second first. GILLIS: Second. BUCKLEY: Okay, we have a second by Palmer. Now we can discuss the vote. CROPPER: I thought I might ask a question, when you say all odors, I assume you refer to MILLER: Offensive odors. CROPPER: yeah, offensive odors, yeah, because if you go by a donut shop and smell donuts, thats not a BUCKLEY: Were talking offensive odors and were talking the storage, that it would have a, I would like to add to that, that that storage of that be covered, whether it smells or not. I just think it needs a cover on it. CROPPER: Thats not a problem.
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BUCKLEY: I didnt think it would be, I just think it should be covered. TAYLOR: Offensive is subjective. I think odors is what you mean, because just as he said in the beginning, theres going to be 5 hours when theyre brewing, and if youre brewing 3 times a week, just because Mark likes the smell of that doesnt mean that everybody in the neighborhood is going to like it. So if there are complaints about the odors, they have to be controlled. MILLER: Offensive odors. BUCKLEY: Yeah. BROUS: How can you say control odors.. ESHAM: Thats subjective. BROUS: when theyre brewing theres going to be odor. Its like they, hows that being controlled, they can treat and control that trailer off by sunset or whatever you call it, but the once, twice a week when theyre brewing, theres going to be odor in the area. BUCKLEY: I think were giving TAYLOR: There can be filters in the chimney, if they can do it with coal, they can do it with beer. MILLER: I mean, Natelli did it at Sunset Island, he took care of odors in his own way, whatever that was. I just think offensive odors is what, we need that. BUCKLEY: And thats going to be what the people around you complain about. I mean ESHAM: I would agree. Because as Joel said, theres going to be an odor. Or else youd have to approve it and say its got to be odorless and thats not reasonable, so its offensive odors. BUCKLEY: I think its offensive odors and thats going to be determined by complaints, right? From people, and they cant just be obnoxious complaints either, they have to be something thats legitimate. Let that decide. Okay, alright, so, we have a motion before us that we are going to control any offensive odors, take care of the effluent to the level that the Town will approve or the MDE. Its a good use, the change in neighborhood is going to support that, we think. Timeframe is permanent based on the fact that you can do these, continue to take care of the items that weve reflected with our Conditional Use, and for the production of the beer, manufacturing, make buffers or fencing, whatever would be necessary, I think thats even for raising up of the door, and you know, just safety, you might want fencing back there, and the storage of the remains will be covered, fenced, whatever necessary to keep that from being one of those attractive nuisances, lets say. BROUS: Have it taken off by sunset too, that should be in there, personally.
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BUCKLEY: Out by sunset. BROUS: Thats my opinion, but you all MILLER: He said sure. BUCKLEY: Do I have it? TAYLOR: No, Conditional Use runs with the use, so if they want to change use again it needs another Conditional Use. BUCKLEY: What do you mean if they want to change use again? TAYLOR: If they decide to close down the brewery because theres a problem, and want to turn it into something else, they have to come back for another Conditional Use. These are permanent Conditional Use, but only for the use of the premises. BUCKLEY: Its only for manufacturing. TAYLOR: Right. BUCKLEY: Yes, Blaine. SMITH: It does bring up a little bit of a point, because I remember somewhere in the conversation with them that there was a possibility that thered be some winery connected with this or not? FESCHE: I think we worked that out that were going to buy a private label from a distributor so its not really a part of our business, its just going to have our name on it. SMITH: I only say that because Id overheard it. BUCKLEY: Its okay. MILLER: So not manufacturing of wine? FESCHE: Not manufacturing of wine, no. TAYLOR: Just selling. MILLER: So this BUCKLEY: Darn it! I couldve gone for the wine! Not a beer drinker! SMITH: But your statement about this is the use and the only use that is being approved, any change would have to come back through the process. BUCKLEY: Exactly. Okay, so we have a motion before us with um GILLIS: Second.
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BUCKLEY: A second for a favorable recommendation to the Mayor and Council for this Conditional Use on this property. All in favor? COMMISSIONERS IN UNISON: Aye. BUCKLEY: Aye (gavel). CROPPER: Thank you. Respectfully submitted, Karen (Kay) Stroud Zoning Analyst January 16, 2014
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REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 10 COMMENTS FROM THE PUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of five (5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 11 COMMENTS FROM THE CITY MANAGER A. Review of tentative work session agenda for January 28, 2014
REGULAR SESSION -MAYOR AND CITY COUNCIL TUESDAY, JANUARY 21, 2014 12 COMMENTS FROM MAYOR AND CITY COUNCIL

January 21 2014 Complete Agenda

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January 21 2014 Complete Agenda

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MAYORANDCITYCOUNCIL

APPROVALOFMINUTES A. RegularMeeting#1datedJanuary6,2014 B. WorkSessiondatedJanuary14,2014 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. StandingCommitteeReports

COMMENTSFROMTHECITYMANAGER A. ReviewoftentativeworksessionagendaforJanuary28,2014 COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN

POLICE COMMISSION MEETING MINUTES OPEN SESSION January 13, 2014

Tourism Commission Meeting Minutes January 13, 2014

Recreation and Parks Commission January 14, 2014

P:Tom/Tom/Rec & Parks Committee Meeting 1-14-2014

Sunset Park Use Analysis and Direction

Town of Ocean City Recreation and Parks Committee

Approved: January 14, 2014

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

The White Marlin Capital of the World

January 14, 2014

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

P: 443-557-0200 f: 443-557-0201 www.brekford.com 7020 Dorsey Building # C

FEDERAL ID: 20-4086662

VALID THROUGH 2/8/2014

TERMS Net 30 U/PRICE

PANASONIC<> PANASONIC<> PANASONIC<> PANASONIC<> GEN ITEM Install Kit

4,166.50 453.25 317.50 471.00 180.00 350.00

8,333.00 1,813.00 635.00 942.00 360.00 700.00

LABOR LABOR LABOR

760.00 760.00 317.00

760.00 2,280.00 317.00

SIGNATURE (quote approval)

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

No. 13 49 1011 1217 1826

Item Cabletotramstation CabletoTalbot,cameraatDorchester CameraatNorthDivision Camerasat1stand2nd Camerasat5th,7th,&12thstreets TotalBid Bond

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

The White Marlin Capital of the World

TO: THRU: FROM: RE: DATE:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

BEACH EVENTS FOR OCEAN CITY, MARYLAND

TAB MEETING, 1/9/2014

2014 LASER SHOWS

2014 LASER SHOWS

2014 LASER SHOWS

2014 LASER SHOWS

Maze October 18-19; October 2526,2014 under same budget as 2013

Parade October 18, 2014; Pumpkin Race October 25, 2014

OC SANDFEST (NEW FOR 2014)