November 25 2014 Complete Agenda

MAYORANDCITYCOUNCIL
WORKSESSION
Tuesday,November25,20141:00P.M.
AClosedSessionisscheduledfrom12:001:00P.M.todiscusslegalandpersonnelmatters.
AGENDA
1.
CALLTOORDER
2.
REPORTONCLOSEDSESSIONTuesday,November25,201412:001:00p.m.
3.
ACKNOWLEDGEMENTSANDRECOGNITIONS
A. RetirementRecognitionofFirefighter/VehicleMechanicWilliamE.Hall
B. RetirementRecognitionofFirefighter/ParamedicJohnJ.H.Williams,II
4.
COMMENTSFROMTHEPUBLIC
AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda
maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmay
bedeemedappropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,
addressandtheAgendaitemonwhichheorshewishestospeak.
5.
NEWBUSINESS
A. DiscussionofLegislativeCommissionsandCommitteespresentedbyMayorMeehan
B.
ComcastUpdatepresentedbyChrisComer,DirectorofGovernmentandRegulatoryAffairs
C.
RequesttoApproveAnnualHazardMitigationPlanReportpresentedbyPlanner
D. RequestforApprovalCodeAmendmenttoArticleIV,Section110422(3),MobileHome
ResidentialDistrict,determiningmaximumheightofridgelinebynarrowwidth,notlengthof
buildingpresentedbyPlanningandCommunityDevelopmentAssistantDirector
E.
DiscussionofSpringfestandSunfestBeerTruckRotationpresentedbyInternalAuditor
6.
ADJOURN
WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, NOVEMBER 25, 2014
2. Report on Closed Session November 25, 2014 12:00 p.m.
1:00 p.m. Legal and Personnel Matters
NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

DATE AND TIME:
PLACE:
SUBJECT:
VOTE:
Tuesday, November 25, 2014

12:00 p.m.
City Hall
Legal and Personnel Matters
UNANIMOUS
OTHER:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland

PURPOSES:
1. To discuss:
(i) the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation or performance evaluation of
X
appointees, employees or officials over whom it has jurisdiction; or
(ii) any other personnel matter that affects one or more specific individuals;
2. To protect the privacy or reputation of individuals with respect to a matter that is
not related to public business
3. To consider the acquisition of real property for the public purpose and matters
directly related thereto;
4. Consider a matter that concerns the proposal for a business or industrial
organization to locate, expand or locate in the state;
5. Consider the investment of public funds;
6. Consider the marketing of public securities;
X
7. Consult with counsel to obtain legal advice;
8. Consult with staff, consultants or other individuals about pending or potential
litigations;
9. Conduct collective bargaining negotiations or consider matters that relate to the
negotiations;
10. Discuss public security if the public body determines that public discussion
would constitute a risk to the public or public security, including;
a) the deployment of fire and police services and staff; and
b) the development and implementation of emergency plans
11. Prepare, administer or grade a scholastic, licensing or qualifying examination;
12. Conduct or discuss an investigative proceeding on actual or possible criminal
conduct;
13. Comply with a specific constitutional, statutory or judicially imposed
requirement that prevents public disclosures about a particular proceeding or
matter; or
14. Before a contract is awarded or bids are opened, discuss a matter directly related
to a negotiation strategy or the contents of a bid or proposal, if public discussion
or disclosure would adversely impact the ability of the public body to participate
in the competitive bidding or proposal process
REPORT OF CLOSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY
Prior to this open session of the Mayor and City Council being held on Tuesday,
November 25, 2014, a closed session was held on Tuesday, November 25, 2014 at
12:00 p.m. The following is a report of the closed session.
1. A statement of the time, place, and purpose of the closed session is attached.
2. A record of the vote of each member as to closing the session is attached.
3. A citation of the authority under the law for closing the session is attached.
4. (a) Topics of Discussion: Legal and Personnel Matters
(b) Persons present:
Mayor Richard Meehan
City Manager David Recor
Council President Lloyd Martin
Council Secretary Mary Knight
Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James;
and Tony DeLuca
City Solicitor Guy Ayres
Executive Office Associate Diana Chavis
Action(s) taken:
Motion to close meeting:
Time:
H:\Wpdoc\closedsess.wpd

3. ACKNOWLEGEMENTS AND RECOGNITIONS
A. Retirement Recognition of Firefighter/Vehicle Mechanic
William E. Hall
IN APPRECIATION OF WILLIAM E. HALL

25 YEARS OF SERVICE
WILLIAM E. HALL has contributed Twenty-five (25)
years of dedicated service to the Town of Ocean City, where he began
his career in 1989; and
WHEREAS, Bill Hall has played an integral role in the Town of the
Ocean City Fire Department for the past Twenty-five (25) years; and
WHEREAS, Bill is a very talented mechanic and through his efforts,
emergency equipment is ready and fully operational for emergency
response. Additionally, Bill has been a skillful and dedicated
firefighter/EMT throughout his career.
NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of
Ocean City, Maryland, along with the Ocean City Council, do hereby
commend Bill for his Twenty-five (25) years of devoted service and
wish him a happy and healthy retirement.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Great Seal of the Town of Ocean City, Maryland to be affixed this
25th day of November, in the year of Our Lord two thousand and
fourteen.
______________________________
RICHARD W. MEEHAN
Mayor

3. ACKNOWLEGEMENTS AND RECOGNITIONS
B. Retirement Recognition of Firefighter/Paramedic John
J.H. Williams, II
IN APPRECIATION OF JOHN J.H. WILLIAMS, JR.

31 YEARS OF SERVICE
JOHN J. H. WILLIAMS, JR. has contributed Thirtyone (31) years of dedicated service to the Town of Ocean City, where
he began his career in 1983; and
WHEREAS, J. H. Williams has played an integral role in the Ocean
City Fire Department for the past Thirty-one (31) years; and
WHEREAS, J. H. has been a dedicated firefighter/paramedic
throughout his career. He was a member of the dive team early in his
career and served as a shift leader. For several years, J. H. organized
and supervised a Christmas toy drive for less fortunate children in
our community and while this was not an official department
activity, J. H. enlisted many of his coworkers to participate.
NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of
Ocean City, Maryland, along with the Ocean City Council, do hereby
commend J. H. for his Thirty-one (31) years of devoted service and
wish him a happy and healthy retirement.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Great Seal of the Town of Ocean City, Maryland to be affixed this
25th day of November, in the year of Our Lord two thousand and
fourteen.
______________________________
RICHARD W. MEEHAN
Mayor

4. COMMENTS FROM THE PUBLIC
Any person who may wish to speak on a matter scheduled for discussion on the Work
Session Agenda may be heard during Comments from the Public for a period of three
(3) 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.

5. NEW BUSINESS
A. Discussion of Legislative Commissions and Committees
presented by Mayor Meehan
TOWN OF
The White Marlin Capital of the World
TO:
FROM:
RE:
DATE:
Agenda Item #
5A
Council Meeting
November 25, 2014
The Council President and Members of Council

Mayor Rick Meehan
Legislative Committees and Commissions
November 17, 2014
ISSUE(S):
Mayor and City Council legislative committees and commissions
SUMMARY:
Several commissions and boards are set forth in either the Town
Charter and/or the Town code of ordinances. Historically, the
Mayor and Council have recognized these entities and serve as
members.
Per C-413 of the Town Charter entitled Powers and duties of
the Mayor, Upon confirmation by the Council, the Mayor shall
appoint members to all city boards, commissions and
committees.
FISCAL IMPACT:
Not applicable
RECOMMENDATION:
Approve appointments.
Excellent Service through a High Performing Town Organization
ALTERNATIVES:
Not applicable
RESPONSIBLE STAFF:
Not applicable
COORDINATED WITH:
Not applicable
ATTACHMENT(S):
Current assignments
MayorandCityCouncilLegislativeCommitteesandCommissions
Appointed:March4,2013
MDCoastalBaysappointeeschanged:November4,2013
TourismCommission
PoliceCommission
MayorRickMeehan
MayorRickMeehan
MaryKnight(Chair)
DougCymek(Chair)
DennisDare
LloydMartin
JoeMitrecic
DennisDare
PensionCommittee
NoiseBoardLiaison
MayorRickMeehan
DougCymek
LloydMartin
Alternate:LloydMartin
RiskRetentionCommittee
BeachMediation
DougCymek
JoeMitrecic
Alternate:DennisDare
Alternate:MaryKnight
HumaneSocietyCommittee
TriCountyCouncil
MayorRickMeehan
MayorRickMeehan
MaryKnight
JoeMitrecic
DennisDare
CoastalResourcesLegislativeCommittee
AmericanswithDisabilities
MaryKnight
MaryKnight
MDCoastalBaysFoundationBoardofDirectors
RecreationandParksCommittee
DennisDare
DennisDare
Alternate:MattMargotta
LloydMartin
JoeMitrecic(Chair)
TourismCommissionwillalsoinclude:
1representativefromHotelMotelRestaurantAssociation
1representativefromOceanCityChamberofCommerce
1representativefromEconomicDevelopmentCommittee
1representativefromOceanCityDevelopmentCorporation
ChairmanoftheStateTourismCommission(nonvotingmember)
TourismCommissionmeetingswillinclude:
CityManager
DirectorofTourism
DirectorofConventionCenter
RepresentativefromOceanCitySpecialEvents
ExecutiveDirectorofHMRA
ExecutiveDirectorofChamberofCommerce
Recreation&ParksCommitteemeetingswillinclude:
PoliceCommissionmeetingswillinclude:
CityManager
CityManager
DirectorofParksandRecreation
ChiefofPolice

5. NEW BUSINESS
B. Comcast Update presented by Chris Comer, Director of
Government and Regulatory Affairs
TOWN OF
TO:
FROM:
RE:
DATE:
Agenda Item #
5B
Council Meeting
November 25, 2014
The Honorable Mayor, Council President and Members of Council

David L. Recor, ICMA-CM, City Manager
Comcast Update
November 18, 2014
ISSUE(S):
Update from Comcast Corporation
SUMMARY:
Chris Comer, the new government affairs liaison for Comcast,

will provide an update on the following items and channel
changes:
Annual Report now available

Upcoming Channel Changes
o WBAL (NBC) will move from Channel 11 to Channel 91
but continue to be part of the Limited Tier on 12/18
o WJZ (CBS) will move from channel 13 to channel 93 but
continue to be part of the Limited Tier on 12/18
o WBAL HD (NBC) will move from channel 810 to Channel
911 on the Limited Tier and will no longer be carried on
channel 211 (which was a duplicate feed) on 12/18
o WTTG (FOX) will no longer be on channel 255 but will
continue to be on channel 905 on 12/18
o Beach TV Management of paid advertising on channel 8
will be transitioned from Comcast Spotlight to Comcast
Leased Access on 1/6
FISCAL IMPACT:
Not applicable
RECOMMENDATION:
Not applicable
1st Class Resort and Tourist Destination
ALTERNATIVES:
Not applicable
RESPONSIBLE STAFF:
Not applicable
COORDINATED WITH:
Not applicable
ATTACHMENT(S):
1) Letter noting channel changes

2) Memorandum regarding Beach Television Network
1301 McCormick Drive

Largo, Maryland 20774
November 18, 2014
Mr. David Recor

Town Manager
P O Box 158
Ocean City, MD 21853
Dear Mr. Recor:

Comcast would like to advise you of an upcoming channel change taking place in
December. Customers are receiving notice of this change via bill message.
The Bill Message reads as follows:
_________________________________________________________________
IMPORTANT INFORMATION - Effective 12/18/2014: WBAL (NBC) will move from ch 11 to ch
91 and WBAL (NBC) HD will move from ch 810 to ch 911 on the Limited Basic tier, and will no
longer be available on ch 211; WTTG (FOX) will no longer be available on ch 255 but will
continue to be available on ch 905; and WJZ (CBS) will move from ch 13 to ch 93 on the
Limited Basic tier.
_______________________________________________________________________________________
Please do not hesitate to contact me at (301) 836-9461 or Chris Comer at (443) 2862509 with any questions you may have.
Regards,
Yantee Neufville
Manager, Government & Regulatory Affairs
cc: Chris Comer, Director of Government & Regulatory Affairs

5. NEW BUSINESS
C. Request to Approve Annual Hazard Mitigation Plan Report
presented by Planner
TOWN OF

Agenda Item#
Council Meeting
TO:
THRU:
FROM:
RE:
DATE:
5C
November 25, 2014

Blaine Smith, Planning & Zoning
Community Rating System Program Annual Re-certification
November 20, 2014
ISSUE(S):
Community Rating System Program, under FEMA, requires annual recertification to continue participation.
SUMMARY:
The Federal Emergency Management Agency requires each

participating community under the CRS Program to submit an annual
report to their leadership for approval, which allows the community to
continue their efforts to diminish storm damages in tandem with the
local Hazard Mitigation Plan. For our efforts, we receive a discounted
flood insurance premium.
FISCAL IMPACT:
Each flood insurance policy holder receives a 15% discount.
RECOMMENDATION:
The Mayor and City Council should approve of the annual report,
which will be submitted to the Insurance Services Office under FEMA.
More Livable Community for Residents
ALTERNATIVES
Not applicable
RESPONSIBLE STAFF:
Blaine Smith, Assistant Director of Planning/Community Development

Bob Nelson, Planner
COORDINATED WITH:
Bob Rhode, Emergency Services Planner

Amanda Gowans, ISO Auditor
ATTACHMENT(S):
2014 Annual Report
ANNUAL REPORT ON IMPLEMENTATION OF THE

OCEAN CITY, MARYLAND
HAZARD MITIGATION PLAN
November 25, 2014
As part of the implementation of the 2011 Ocean City All Hazards Mitigation Plan, a
progress report is submitted to the Mayor and City Council each Fall season, prior to the
annual Community Rating System (CRS) recertification. With your approval of these
efforts below, we will be able to meet the requirements of the CRS program. The
following describe our efforts:
The major implementation effort continues to be addressing the problem of

having owners raise their heating, ventilation, and air conditioning (HVAC)
equipment above the base flood elevation and our additional elevation
requirement. Every new unit is being placed above the flood elevation.
The citys website offers an article on flood protection that explains how utilities
should be raised to avoid damage from floodwaters (www.town.oceancity.md.us, Other Information). The article is mailed to all property owners in
Ocean City twice each year and summarizes such topics as flood zones and
floodplains, Ocean Citys warning system, how to evacuate the city, proper
protection measures and our permit requirements for building in a floodplain.
Beach and dune system maintenance is identified in the plan as an important
hazard mitigation effort. The beach and dunes continue to be maintained and
replenished as scheduled. The Public Works crews continually remove sand that
blows up against the seawall from 4th to 27th streets.
The Town offers mini-grants to property owners that want to enhance the
secondary dune system with additional vegetation. The plant material offers
habitat and food for the native and migratory wildlife. Plant material has also
been credited for the removal of pollutants and nutrients from rainwater.
Stormwater management is identified in the plan as a tool to mitigate the
possibility of flooding. Administration and enforcement of stormwater
regulations will continue to reduce flood damage. The Coastal Bays Critical Area
Program further enhances the stormwater management system, resulting in
greater flood protection. Instead of sending the water onto Coastal Highway,
new structures now direct their storm water into swales, ponds, and raingardens
where nutrients are deposited.
The Town has developed a retrofit cost share program to help upgrade
properties that want to install stormwater management measures to reduce
flooding and provide water quality treatment. Retrofit projects may include:
Bioretention, infiltration, reduction of impervious surface, replacing impervious
with pervious material, new landscaping in excess of the requirements for
repaving projects, other measures approved by the City staff.
The 2011 Ocean City All Hazards Mitigation Plan was prepared as a requirement
of the Community rating System program under FEMA and approved July 16,
2012. The Mayor and City Council adopted the original plan on July 27, 2004, as
a requirement of the Disaster Mitigation Act of 2000.
Town staff continue to be educated whenever our Emergency Services staff
schedule training, including emergency events, Continuity of Operations, and
the Incident Command System.
The Grants Coordinator has been assembling records of our grant spending
activities, continually monitoring funding sources for assistance with flood
mitigation projects. We are hoping to target properties that are likely future
flood losses to reduce the costs following flood damages.

5. NEW BUSINESS
D. Request to Approve Code Amendment to Article IV, Section
110-422(3), Mobile Home Residential District, determining
maximum height of ridge line by narrow width, not length of
building presented by Planning and Community
Development Assistant Director
TOWN OF
TO:
THRU:
FROM:
RE:
DATE:
Agenda Item #
5D
Council Meeting
November 25, 2014

Kay Stroud, Zoning Analyst
Code Amendment to Article IV, Section 110-422(3). Determining maximum height
of ridge line by narrow width, not length of building in MH, Mobile Home
Residential District
November 12, 2014
ISSUE(S):
To consider amending Article IV, Code Section 110-422(3) in the

MH, Mobile Home Residential District.
SUMMARY:
The amendment recommended, inserting the language in italics,

creates a specific standard of measurement. The area above
the maximum building height under a sloped roof not exceeding
a 7/12 roof pitch may be used for habitation subject to the
dormers not exceeding the ridge line, which shall be determined
by the narrow width (and not the length), of the main building
and in compliance with all applicable life safety regulations.
The Planning & Zoning Commission, by motion and second, held
a public hearing on Tuesday, September 16, 2014. It had
received a request by residents of these communities to consider
this issue proactively to minimize light, air and ventilation
restrictions and hazards that might be associated with such
narrow lots and minimum setbacks in the MH District. Upon
hearing testimony and staff recommendations, the Commission
favorably presents this code amendment for consideration.
FISCAL IMPACT:
None
RECOMMENDATION:
Planning and Zoning Commission recommends amendment

approval.
More Livable Community for Residents
ALTERNATIVES:
Further amendments or denial of request.
RESPONSIBLE STAFF:
Kay Stroud, Zoning Analyst
COORDINATED WITH:
R. Blaine Smith, Assistant Director, Planning and Zoning
ATTACHMENT(S):
1)
2)
3)
4)
Transcript
Exhibits
Recommendation
Draft Ordinance
RECOMMENDATION TO MAYOR AND CITY COUNCIL

TO AMEND ARTICLE IV CODE SECTION 110-422(3)
DETERMINING THE MAXIMUM RIDGE LINE BY NARROW WIDTH (NOT THE
LENGTH) OF MAIN BUILDING IN THE MH, MOBILE HOME RESIDENTIAL DISTRICT
File PZ #14-14100004
******************
On Tuesday, September 16, 2014, the Planning Commission held a public
hearing to consider amending Code Section 110-422(3).
The area above the maximum building height under a sloped roof not exceeding
a 7/12 roof pitch may be used for habitation subject to dormers not exceeding the ridge
line, which shall be determined by the narrow width (and not the length), of the
main building and in compliance with all applicable life safety regulations.
The Planning Commission undertook this amendment, upon motion and second
on August 5, 2014, after concerned residents of this district sought to proactively
minimize light, air and ventilation restrictions and hazards that might be associated with
such narrow lots and minimal setbacks in the MH District.
The Planning Commission reviewed the current ordinance, listened to testimony,
and viewed photographic and diagramed exhibits from Zoning Administrator Blaine
Smith as to how the maximum ridge line can now be determined by either the width or
the length of the main building. Glenn Kurka, president of the Isle of Wight Mobile Home
Park, gave testimony in favor of the amendment. Alan Konjusky, a site owner in the Isle
of Wight Mobile Home Park, presented written and oral testimony in opposition, stating
that the amendment could effectually prevent habitation on the second story.
At the conclusion of the meeting, the Commission voted unanimously (6-0) to
forward the recommended amendment. For your information, the transcript of the public
hearing is also included.
/ks
THIS EMAIL IS FOR LEGAL ADVERTISEMENT ONLY

Ocean City Digest
Run two weeks: 08/28/14
09/04/14
ADD CITY SEAL

PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of Chapter 110, Zoning, of the Code of the Town of
Ocean City, Maryland, notice is hereby given that a public hearing will be conducted by
the Planning and Zoning Commission in the Council Chambers of City Hall located at
301 Baltimore Avenue in the Town of Ocean City, Maryland on:
TUESDAY, SEPTEMBER 16, 2014
At 7:00 pm
To consider amending Code Section 110-422. MH Mobile Home Residential District,
Permitted Uses. (Proposed language addition in italics)
(3) The area above the maximum building height under a sloped roof not exceeding a
7/12 roof pitch may be used for habitation subject to dormers not exceeding the ridge
line, which shall be determined by the narrow width of the main building, and in
compliance with all applicable life safety regulations.
APPLICANT: PLANNING & ZONING COMMISSION (FILE #14-14100004)
No oral or written testimony will be accepted after the close of the public hearing.
Public hearings that are not completed at one meeting may be continued without
additional advertised notice provided the Commission Chairman announces that the
hearing will be continued and gives persons in attendance an opportunity to sign up for
written notice of the additional hearing dates.
For further information concerning this public hearing, please contact the
Department of Planning and Community Development, Room 242, City Hall, 301
Baltimore Avenue, Ocean City, MD 21842. Phone 410-289-8855.

PAM GREER BUCKLEY, CHAIRPERSON
WILLIAM E. ESHAM, III, ATTORNEY

September 16, 2014
PRESENT
Pam Buckley
John Staley
Peck Miller
Lauren Taylor
Joel Brous
Palmer Gillis
IN ATTENDANCE
Blaine Smith
Kay Stroud
Bob Nelson
Will Esham
This meeting of the Planning and Zoning Commission was held on Tuesday, September 16,
2014, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean
City, Maryland. Pam Buckley, Commission Chairperson, called the public hearing to order.
BUCKLEY: Were going to open up our public hearing today for this September 16, 2014. The
public hearing is to consider amending Code Section 110-422 in the MH Residential District,
Permitted Uses currently we have the area above the maximum building height under a
sloped roof not exceeding a 7/12 pitch, roof pitch, may be used for habitation subject to dormers
not exceeding the ridge line and in compliance with all applicable life safety regulations. We are
requesting in this public hearing to add after not exceeding the ridge line which shall be
determined by the narrow width of the main building and in compliance with all applicable life
safety regulations. The applicant is the Planning and Zoning Commission, file #14-14100004.
Prior to any public hearing, I need to read to you that anyone that if anyone in the audience has
a problem with any of us taking part in this public hearing, please say so now, and we will
decide by majority vote whether or not that person shall take place. Does anyone have an issue
with the Commissioners sitting here taking place in this public hearing? Let the record show
that is everyone is nodding their head no. We will have a presentation by the staff and then we
will have public comments for or against it, and then we will wrap it up with Commission
comments.
ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing
but the truth?
SMITH: I do. When we got the motion and second from the Planning Commission on August
the 5th to move forward to a public hearing, we ran advertisements in the Ocean City Digest
stating the time, date, place, and purpose of the meeting that is being held tonight. Because it
is a generic code amendment, it did not go to individual properties. I believe in this time period
we have been in contact to some degree with the mobile home parks that would be affected
should there be a change or amendment to the current regulation. We have amended the
zoning regulation several times in the last few years relative to the roof line and the use of the
attic space, if you will. To allow, not just mobile homes, but in the districts because you can now
do custom built houses, modular and mobile home in the mobile home district, and this has
evolved over a lot of years since the mid-1980s. The modular was allowed in the district
beforehand, and Montego Bay had agreed several years ago to even go to double-wides.
There was a point in time in the early 70s when even double-wides were also manufactured
homes, and they had low-pitched roof, the early double-wide mobile homes. And then as the
industry changed with the modular, and then Nanticoke was one of the popular models that was
put in Ocean City, especially in the Montego Bay Community, they came in with 5/12 roof pitch,
that was the norm. And Montego Bay amended their bylaws and covenants to accept that
through their review process. Not too many years ago, in the 90s, Nanticoke went to a 7/12
roof pitch, and they adapted to that. And subsequent to that, we changed our definition of
building height to allow habitation above the building height, within the roof line, as long as the
roof line did not exceed 7/12 roof pitch, and that was one of the more recent criteria. That also
allowed them to utilize that space for habitation as long as it met all the life safety code, which
includes adequate stairs with rise/tread/handrails, access windows, light, air and ventilation and
headroom and things of that nature, so the upper levels would be habitable and meet all life
safety code. So that was another amendment we did to the Code. Not too long ago, we
changed the definition of building height in all of Ocean City, but relative to the mobile home
district, their building height is limited to 15 feet, measured from the crown of the road to the top
plate of the upper wall where the roof met the sidewalls. Now we are measuring 2 feet above
the crown of the road because of the flood elevation and things like that, we modified it, so that
gives them a little more building height and then when the roof line goes on, it gives them more
headroom between the first and second floor, and you can come up somewhat more with a
cape-cod design. And what you read into the record was when we did that the limitations on the
dormers was, that the dormer height would not exceed the ridge line of the roof, so everything
would stay at a certain profile, so you could have your dormers, and you could have your roof,
and you could have habitation. With the provision that it would be life safe in its design. What is
being asked tonight, in fact, before at the August 5th meeting, the Isle of Wight Trailer Park
came to you all with the concern. There was one unit that did their roof slope lengthwise of the
trailer rather than do it the width of the trailer. And Ill show you, I wont call this, it really is
crude, a diagram that I did to try to demonstrate, and Ill show you some pictures that might help
to explain.
NELSON: Ive got those photos that Ray took today.
SMITH: I have also. Okay, if you want to put them on the thing for them, that would be great
too.
BUCKLEY: We have them.
SMITH: This is just a one-line, what Im trying to show here. In Montego Bay, their lot can
accommodate on the average a 65 long home, whether it be 25 wide, or 18 wide. Singlewides are 16-18 these days; where double-wides are 24 and 25, based on their setback. So,
when you look at the drawing, from here to here is 25 and it will be your 7/12 slope, that gives
you an 8 high ridge line, based on the width. Whereas, if you had an 18 wide unit, many of
which are in Sundowner, Warrens Park, and the Isle of Wight Park, where you have single-wide
lots, it would be a 56 ridge line height, based on the width of the unit. If you take a 65 long
unit, and do this, your ridge is to the top, youve got a 20 high attic space. So that was the
concern, if they start running the slope of the roof with the length of the house, then this would
impact neighboring properties, light, air, ventilation, and it could become peculiar, if there was
no control. These photographs are in the Isle of Wight.
BUCKLEY: Thats what this one is too, right?
SMITH: And some of them have what I call a modified roof line, which gives the house a lot
more character.
BUCKLEY: Multi-level.
SMITH: And
MILLER: Blaine, are there any examples of a 65 roof line?
SMITH: No, there are none out there currently, that would be what were
BUCKLEY: Trying to prevent.
SMITH: That was the alarm, not have those type units. What is happening, I think, in the Isle of
Wight, the Warrens Park, and the Sundowner Park, because their lots are narrow, and
sometimes they can get 12, 14, 16 units. When they discovered they could do lengthwise roof
lines, thats going to give them a whole lot more second-floor space; so thats the temptation, if
you will, to start doing this type process.
MILLER: And theoretically they could pull a dormer off each end, right, is what theyre talking
about?
SMITH: Yes, yes.
MILLER: Okay.
SMITH: Now this is in the Isle of Wight, and this one is somewhere on the lengthwise basis.
BUCKLEY: Um hm.
SMITH: So being 40 long, you might have a 15, a 13-15 ridge line and they couldve put
dormers on either side of that sloped roof, to accommodate more living space. Thats going to
be their objective, to have more living space.
BUCKLEY: Right.
SMITH: It, I think when you look at the Isle of Wight Park, with more of the custom-built units,
Warrens have a certain amount of custom-built units in their park, but I think you all have
experienced more than the Warrens.
BUCKLEY: Are you north or south of Warrens?
SMITH: Theyre right at 25th Street. Warrens is at 52nd Street.
BUCKLEY: Warrens is up there, okay, you are the one downtown, okay.
SMITH: They are 25th Street more or less and Warrens is at 52nd Street
BUCKLEY: Right.
SMITH: Sundowner is like 133rd Street
BUCKLEY: Right.
SMITH: and Sundowner has a lot of custom-built units, but they are
BUCKLEY: They look like a mobile home, theyve got the same size as a manufactured home.
SMITH: Yeah, yeah. And I think all three parks have design control, but the fact that our code
right now is permissive is what Mr. Kurka told us, even though, they dont know they will always
maintain control, and they felt to be uniform and protect the residents of Ocean City, that this
consideration would be long-term protection for all the mobile home parks. Even Montego Bay
that has
BUCKLEY: Right.
SMITH: the board of directors and all that, if someone were to do it because they go through
a lot of stress with variations that come in from time to time. But this would probably be, to use
the word protective, to avoid a problem, it does have some potential. Now, if you agree that the
slope of the, the ridge line will be determined by the width of that house, that doesnt mean that
you could not, like in this case, youve got it turned both ways, problem is this part can never
exceed the height of this part, because the narrowness of the house determines the overall
ridge. If they want to have a room like that, then it has to stay at that same control level.
GILLIS: They couldnt occupy it; not on a 12 or 14 foot.
SMITH: Right. Whats happening on the occupancy part of it, theyre not being crunched into
that limited area because with our 15 building height, they can have their base flood elevation
as the floor, with the freeboard, and then if they do their 8 ceiling, theyll have like knee walls
before they go up to the roof line; so they do have more height up there than just in the slope
part.
BUCKLEY: Um hm.
SMITH: It is like a true Cape Cod, youve got the knee walls
BUCKLEY: Knee walls
SMITH: then you have the slope.
GILLIS: If you extend the height of the box to allow the ridge line to create an occupy-able
envelope.
SMITH: Yes.
GILLIS: Okay.
SMITH: And its been, its been some good living space in these upper levels.
MILLER: What is the
BUCKLEY: Okay, hold on guys. Peck has a question and then well go back to Palmer.
MILLER: Um, I drove around a couple of these parks just to look and see. The blue house
thats the second from the end in Warrens, that overlooks the lower one, where does that fit in?
SMITH: Is that the one thats good like a gambrel roof? Yeah. That one is exaggerated.
MILLER: Because that doesnt fit any at this point.
SMITH: Uh uh. And it also was built at a time when it did not have occupancy in the upper
level, they called it storage, and attic, so that one, that one was very peculiar at the time. That
ones been there several years.
MILLER: Right, yeah.
SMITH: And they put storage under the building!
MILLER: I mean, its actually really nice looking, but it doesnt conform to anything were talking
about.
SMITH: Yeah, uh uh, no.
BUCKLEY: Thats why theyre trying to get this done!
SMITH: But I think if wed had these rules in place at the time that would not have occurred.
MILLER: Okay, thats kinda what I was asking.
SMITH: Yeah yeah.
MILLER: Hate to do that again.
SMITH: Yeah, weve been playing catch-up to some of this, but they really disguised it, I dont
know what the right word is, and said it was storage, and we had some issues. Now once we
updated the regulations and stuff, that one is not so far out of, its different, but its not that far
out of compliance.
MILLER: But it wouldnt be, that structure wouldnt go now, even with this
SMITH: I dont think so.
BUCKLEY: Palmer.
GILLIS: When is in Ocean City, I mean, a modular home and a manufactured home or a mobile
home fall into a different classification than a residence. So, when when
BUCKLEY: Modular not necessarily anymore.
GILLIS: when does a, when does it change, Im looking at these houses, are there still
wheels underneath of them, or is a manufactured
SMITH: It dont have, it dont have to.
BUCKLEY: No.
GILLIS: is a manufactured home, is allowed to have a real foundation?
SMITH: Yes.
BUCKLEY: Oh yes. Then it becomes a Class C and it can be taxed as real estate.
GILLIS: When it has a foun, so do these
BUCKLEY: Permanent foundation and the wheels and the hitches have been removed
GILLIS: So lets assume a situation that you have a 12 or 14 foot wide that still has wheels
underneath of it. Are you allowed to make these kind of modifications to it?
SMITH: Yes.
GILLIS: So youre still allowed to do it, how in the world can you comply with wind load
requirements when youre attaching it to a trailer? If youre not attached to the ground, because
you have to have tie-downs, you have to have tie-downs on the sides.
SMITH: There have to be integral parts put in. Ive seen them do it, and Im thinking, theyve
done it in all the parks, but Ive seen a lot of them in Montego Bay where they even run a porch
down along the side of the units, to support the new roofs.
BUCKLEY: Those were originally called build-overs.
SMITH: Yeah.
BUCKLEY: Because before we changed the zoning code to allow modular and stick-built in
Montego Bay and other mobile home parks, they had to leave the wheels on. So we were
seeing people coming in here building over those properties, leaving the wheels just because
they had to.
SMITH: Technical.
BUCKLEY: When there was, technical. And all they did was create issues for anybody work,
having to work under it, for plumbing, that kind of thing, so they basically were building the entire
framework around it so that was just inside.
SMITH: These have become nice residence and cottage.
BUCKLEY: Right.
SMITH: And I think since weve advanced our regulation we have not had any of those buildovers.
BUCKLEY: Right, exactly.
SMITH: They either tear them down, or what-have-you.
BUCKLEY: Um hm.
MILLER: Isnt the definition in the code that says if youre going to go above you have to have a
permanent foundation?
SMITH: Not, not if its a manufactured unit, being a mobile home; you dont have to have it.
Only if its something other than a manufactured
MILLER: But I mean, I thought we talked about taking the height out.
SMITH: Well, they would normally because theyve abandoned the mobile home, thats what, I
think, Pams
MILLER: But nothing in our code?
BUCKLEY: Maybe that should be something we put in a public hearing.
SMITH: I, I think with living space and permanent space, they are causing permanent
foundation almost in all case.
BUCKLEY: And I think thats what Palmer was saying, how do they do it? Thats how they do
it, but the majority of that, as Blaine just said, happened prior to us allowing, it just didnt make
any sense. But youve got the trailer, youve got the manufactured, they come in on wheels and
then the wheels are taken off and theyre (inaudible), the modular does not come in on wheels
and it is automatically real estate when its put on the ground. Well, it has to have a foundation.
GILLIS: In your example, the 25 foot wide, you could actually create occupied space still by
creating a knee wall on top of this, and then building your 7/12 pitch. Am I understanding you
correctly?
SMITH: No, where that roof meets the sidewalls, thats the maximum 15 foot height. They
cant, only the roof, right, can be above that, and it would be a sloped roof with dormers only.
BUCKLEY: But your knee walls going to be
MILLER: You cant have a knee wall there
BUCKLEY: If youve got a 12 foot ceiling, you could still have 3 foot knee wall.
SMITH: Yes.
BUCKLEY: Above it, and then the roof would go.
SMITH: The knee walls would be inside the building.
BUCKLEY: You see what Im saying, Palmer?
GILLIS: Well, Im just asking if you extend the side wall up 3 foot and put a knee wall, and then
put the
MILLER: Well, you cant do it, youve got a 15 foot height.
SMITH: This is the maximum height.
GILLIS: This is
SMITH: of the wall.
GILLIS: the existing wall?
SMITH: Right.
GILLIS: Okay, thats the maximum height, so you could only do this.
SMITH: Yes.
GILLIS: Okay.
SMITH: And they do that, and they do that well.
BUCKLEY: But that doesnt mean that that line is where the inside ceiling is, you understand
me?
MILLER: Well, you have to have
BUCKLEY: the ceiling will come down to like an 8 or 9 or
GILLIS: Whats the average ceiling height, 76? 76?
BUCKLEY: So youve got 7 feet, so even with 9 foot ceilings, youre still going to have 6 foot
knee walls.
MILLER: You could. The highest you can go is 15 foot, but you dont have to go all the way to
the 15 foot with your ceiling.
SMITH: No.
MILLER: The ceiling could come down like 9 feet or 10 feet, depending on flood elevation.
BUCKLEY: Right.
GILLIS: But the intent of this change is to restrict the ridge line to be perpendicular.
SMITH: Based on the width of the house
BUCKLEY: Right.
SMITH: not the length.
GILLIS: Okay, alright.
BUCKLEY: Because the biggest thing in these particular districts, these MH districts was that
design, because thats how it was set up. They did not want to see whats happening across
the bridge, in Selbyville, or Fenwick West, between Cape Windsor and Swan Keys where
youve got a mobile home and another million dollar house next to you thats 3.5 stories. You
know, its the light, and the air, and the circulation in these smaller communities, youre just
losing their, their entire character, theyre just trying to keep, because their lots are smaller.
GILLIS: How is that any different than some of these in-fee townhouses that weve seen on the
Boardwalk, or over on 28th Street, or Robin or whatever. Is that any different?
BUCKLEY: That would be a similar situation.
SMITH: The difference is, the difference is in each district you have a building height limit, the
R-1 District is 35 feet, where in a Mobile Home District its 15 feet. If you go on the Boardwalk
its a five-story, 50 feet.
GILLIS: Okay.
SMITH: The fact that one person does in the middle makes it like a sore thumb, but all of them
have the right to go to five story, its the per height.
GILLIS: Okay.
SMITH: Where these districts were to be more compatible at 15 feet. I think because these coops predated most of our regulation, they go back into the 50s and 60s.
BUCKLEY: Right.
SMITH: And the lots are, use the word substandard but theyre, they dont have a lot of space,
so for life safety purpose light, air and ventilation, thats what MrGlenn, Glenn!
BUCKLEY: Kurta!
SMITH: Mr. Kurta, Glenn, yeah. Thats what it is that was bringing to our attention, that if you
start increasing the bulk of these buildings, youre going to diminish your quality of life, and your
protection and the other things.
BUCKLEY: Um hm. The roadways are not to code.
SMITH: No!
BUCKLEY: I mean, you cant get a, you can hardly get a fire truck down there, how dont know
how, youd have to get one of the old ones where youd pump to come through, you know.
SMITH: This guy was going to tow me today, because I was parked in the road! (Chuckle)
(Shared laughter from audience and members)
SMITH: Yeah, but
BUCKLEY: Im just saying, you know, but so, theres some, all those types of things too
because theyre not, even not like up at Montego Bay where theyve got much wider streets and
air circulation where they could, but they dont want to go up either.
GILLIS: What kind of side yards do these parks typically have?

SMITH: They have to be 10 feet side by side of the buildings, end to end is 6 feet, and end to
side is 8 feet, so theres very minimal.
GILLIS: Right.
SMITH: And again when you look at the bulk, I think what has advanced to get to this point, and
you look as you drive through the park, as you look at these pictures, its a nice product, in a
nice livable community, theyre just, theyre looking at something as though its a threat, that if
you start going this other way and theres no stopping because theres no regulation, now they
might be able to fight it for a time from their association, but if its something in an MH district,
who started with 15 foot height, the roof ought to have some limitation proportionate to the
height of the building
BUCKLEY: Right.
SMITH: and to control it to the width, thats a normal process, and Id almost say that 99% of
the homes are done in that manner traditionally. But now knowing that the tendency is, we
need more space or were going (indicating upwards)
BUCKLEY: Well, everybody wants to get creative.
SMITH: Yeah, and thats, without a change, that has potential. They may have control, and
they may avoid it for a time, but it really, even Montego Bay and all the rest of them, its coming
in time thatIll give you another good example, you mentioned the Boardwalk, take Bayshore
Drive, those townhouse?
GILLIS: Yeah, thats what I was going to say.
SMITH: Theyve all advanced, and it will happen here; if we dont have proper controls to
maintain the integrity of the community.
MILLER: What youre putting in here, whats the downside, what are we missing? What are we
missing, anything? I mean, I know youve run that through your head a hundred times, so
SMITH: On the ridge line definition?
BUCKLEY: Um hm.
SMITH: That it would have to run with the width of the unit. Now if you had a house that was
40 feet by 40 feet, it would be whatever
BUCKLEY: But then youd have two lots, two or three lots down there, and then it probably
wouldnt be an issue because they would still, theyd be going up like this, but theyd still be
further away from the other homes, right?
MILLER: Well, is that going to spur people buying up two or three lots and putting a house
there?
SMITH: They might, but I dont know that that would be overly consequential. They have one
house thats on in big lot in Montego Bay, and its the Mathias property, I dont know if
anybodys familiar with Montego Bay, but its a wide lot, and their house is like 30-some feet
wide where most of them are only 25.
BUCKLEY: Um hm.
SMITH: If you know a little bit about it you can detect it when you ride by that its wider and the
roofline is higher, but its not, my house is 30 feet wide and Ive got a 5/12 pitch, and I can
barely stand up in my attic.
MILLER: Right.
SMITH: So I dont think its really threatening.
MILLER: So 7/12 on the width you think will cover it.
SMITH: Were already at 7/12, thats already in the regulation; its just that the ridge line will be
determined by the width of the house and not the length, and thats maximum ridge line.
GILLIS: The maximum apex or ridge line you can have in that structure is whats determined by
the width, by the 7/12
SMITH: Yes.
GILLIS: so in the example there where it steps up in the back, is not, is not
SMITH: Unless its the same as the width.
GILLIS: Got it.
SMITH: Yeah.
MILLER: Is there another way, or is the word width good enough to define the shorter of the
two sections?
SMITH: I would say yes.
TAYLOR: It also seems like it would be, lessen fire hazard too, because you have more high
buildings and something caught fire in a wind youd have just more stuff blowing over other
houses.
BUCKLEY: To me theres a lot of issues when you dont have open space
TAYLOR: No.
BUCKLEY: that you have in other areas.
SMITH: And that example of the 65 foot length in Montego Bay which are already 25 feet wide,
they probably could create a 3-story house in that type of setting, and thats what youve got on
Bayshore Drive, ultimately a 3-story.
GILLIS: That gives the weight to your example. Is there any trip-wire to require sprinklers in
any of these?
SMITH: Well, currently if you make major change, and I think 51% major change, the Fire
Marshal or building code probably will make you retrofit.
GILLIS: So theres an economic
SMITH: All these new ones are getting sprinklers, that are being done.
BUCKLEY: Every new single-family has to be sprinkled.
GILLIS: Exactly.
BUCKLEY: I just think thats
SMITH: And most of these, if you take the older unit out, most of them are retrofitting in their
sprinklers.
BUCKLEY/TAYLOR: I think its ridiculous.
GILLIS: I agree; its overcompensating.
TAYLOR: Its government run amuk.
BUCKLEY: Exactly. Can we put in the R-1 District, since were talking about that, can we limit
them to the 30 foot height? Or 35, I mean, 15
SMITH: Theyre at 35.
BUCKLEY: How about we go to 25?
SMITH: You could, but
BUCKLEY: (laughing) Im kidding, everyone. Im kidding.
SMITH: Caine Woods is 35 also, and you see some pretty sizeable homes up there.
BUCKLEY: Yes, yes.
GILLIS: Well, also since Peck, to answer your question about the narrow width of the main
building. I think somebody said that, the narrow width.
MILLER: Legally, youre okay with that, thats
BUCKLEY: The width?
GILLIS: The narrow width.
SMITH: I dont know if I would
BUCKLEY: The lesser, the lesser width of the two sides.

SMITH: I dont know that I would do the narrow
GILLIS: Its supposed to be the narrow width.
BUCKLEY: The lesser width of the two sides.
GILLIS: Which shall be determined by the narrow width of the main building, which I think goes
to your point of which width are you picking.
MILLER: Which width are we talking about.
BUCKLEY: The narrow width.
GILLIS: The narrow width, that defines that, I think that needs to stay in there, that addresses
that point.
BUCKLEY: Can we just say the lesser of the two sides?
MILLER: Why not just say the narrow width?
BUCKLEY: Thats what hes got here.
GILLIS: Yeah, thats why Im saying it needs to stay in here.
MILLER: Well, Im asking, Im asking (inaudible) down to the end.
TAYLOR: Its not a narrow width and the long width. Theres a width and then the length.
SMITH: Right.
TAYLOR: Theres no such thing as a narrow width and a long width.
GILLIS: Oh this is the grammar, I give up on that.
ESHAM: (inaudible)
MILLER: Yes, yes.
BUCKLEY: Yeah, the narrow width.
MILLER: Its the smaller of the two.
BUCKLEY: Yeah, the narrow width, which would be the smaller of the two sides.
GILLIS: The lesser of the two widths.
BUCKLEY: Right.
GILLIS: Wow!
TAYLOR: You cant have the lesser of two widths.

BUCKLEY: The lesser of two sides.
ESHAM: The narrower side.
BUCKLEY: Okay.
MILLER: Thats what Im saying, as long as its defined, you dont need to go forward with this
thing and have it redefined in court by another attorney.
TAYLOR: Right.
ESHAM: Right.
BUCKLEY: Redefine width.
SMITH: Well, the example in the picture has three different widths. This one has three different
widths.
MILLER: Thats what Im saying, what are you taking
BUCKLEY: The narrowest width.
SMITH: Well see, that would be this one here, that would be very restrictive.
MILLER: I just think definitions have become very important to what were doing.
BUCKLEY: Mr. Kurta.
ESHAM: Wait, wait.
BUCKLEY: Wait, wait, youve got to come up to the mic and be sworn in, please.
ESHAM: But Blaine, would it be clarified to say the narrower of the width or length, I mean, do
you want to, is that really what youre trying to say?
SMITH: Im saying the width of the house determines the ridge line, not the length of the house.
And if youve got multiple widths, if one of those widths is more than the others, I think thats
applicable. I dont think its consequential.
BUCKLEY: I think so too. Mr. Kurta, youll be sworn in please?
ESHAM: Sir, why dont you go on over? You want him over here? Okay, fine. Were opening
it up to the public. Is that right? Under the penalties of perjury, do you hereby swear to tell the
whole truth and nothing but the truth?
BUCKLEY: Sure, yes we do.
KURKA: I do.
BUCKLEY: Now you need to sit and speak directly into that microphone. It has to be right up to
like this, so we can hear you.
KURKA: Hello.
BUCKLEY: Perfect!
MILLER: We need his name and address for the
KURKA: This unit
BUCKLEY: Sir.
KURKA: Yes, maam.
BUCKLEY: Youre giving testimony in a public hearing, so we need your name and address.
KURKA: Im sorry. My name is Glenn Kurka, K U R K A. Im the president of Isle of Wight Park
Board of Directors.
BUCKLEY: And you are here on their behalf?
KURKA: Im here on their behalf.
BUCKLEY: And your address.
KURKA: My address, I actually live in Ocean Pines.
BUCKLEY: Okay.
KURKA: My address is 115 Robin Hood Trail.
BUCKLEY: Okay.
KURKA: Berlin MD, but I also own property in this park.
BUCKLEY: Thats fine.
KURKA: So I have two addresses, whichever one you want.
BUCKLEY: And now weve got the staffs opening statement, so now were taking testimony
from the public.
KURKA: When we submitted the original petition, we used the term that the ridge line would go
with the width and not with the length. So, if you look at that particular drawing and the question
that Blaine just raised or somebody raised, well, which one of those is the width? That one has
three different widths. But its very clear that theyre still narrower than the length of the whole
unit. So our issue was to restrict it down to a width.
BUCKLEY: Right.
KURKA: Whether its the first little tiny one, the second one, or the third one, they are still
narrower than the whole 65 or so foot length. So um,
BUCKLEY: Well, it could be then, that your width would be what is allowed on that site.
KURKA: Well, the unit, most of the units in our park are 20 feet, around 20 feet in width, and
some are 25 to 65 feet in length.
BUCKLEY: Okay.
KURKA: Okay? So, if its done with the width of the unit, and then we have, of course, our
setbacks, and so we have a setback on one side of like 8 feet, well that takes a 20 foot down to
12 feet, so that could be somewhat the maximum inside of their 12, 13, 14, 15, 16 feet,
depending upon how wide they are, but some of them fit into that range.
BUCKLEY: Right, well it says determine by the narrow width, or to go with the width and not the
length
KURKA: Right.
BUCKLEY: so that would be the main home that was put there originally, not this little add-on
thing. That would answer that question too of what the original building was.
SMITH: Right.
GILLIS: Which is my question on what is the original building on that building?
KURKA: Thats a complete buildover, thats a complete brand new.
GILLIS: But I mean where is the, oh it is a stick-built home.
KURKA: Thats a stick-built home on a foundation.
SMITH: These days most of them are custom-built.
BUCKLEY: So that probably, what that would do if youve got your 40 foot wide lot, and youve
got 10 feet and 10 feet, right? Then you can build a 20 foot house.
KURKA: It could be yes.
GILLIS: Its 5 to the site line, 10 total or?
SMITH: In between units.
GILLIS: So its 5 on your property line and 5 on somebody elses, so you could actually have a
30 foot house.
BUCKLEY: You could actually do a 30 foot house.
KURKA: Well, one of ours right, on one side its right up against, but our neighbor has to have
his 5 feet, and then on the other side of ours then weve got our 5 feet.
GILLIS: So youre all set.
ESHAM: And Blaine, its not controlled by what was there.
SMITH: Some of it is, they have been grandfathered, and they have been able to put them back
in the same footprint as long as they dont increase the degree of nonconformity.
ESHAM: So if you do a complete teardown, youre limited to what was there.
SMITH: The footprint, and if you expand the footprint, the expanded portion has to comply all
the way around. It has to comply with all regulations.
GILLIS: So in this particular example on the screen there, what was the original structure put
there?
KURKA: It was about 2 and feet narrower than what is the front of that, and so what right
there now, that covers almost 16 feet wide at the back, okay, at the back of the unit.
GILLIS: Okay.
KURKA: Because thats the third level, little bit, little wider, little wider.
BUCKLEY: So how did that get approved?
SMITH: Because they still had the 10 feet between buildings.
ESHAM: Right, but it became wider than what was there.
KURKA: Wider than the original footprint.
SMITH: The expansion still complied because they had the 10 feet between the buildings, so it
retained
ESHAM: Right, I understand the setbacks.
BUCKLEY: Okay.
GILLIS: You can tear it down and build a wider, but I thought we had to say if we were in the
footprint.
SMITH: Well, your vested, you vest your footprint, but anything beyond that has to, if you make
it bigger, the expanded portion has to comply even the older footprint might not have been
wider.
MILLER: So you can have nonconformity on one side, and be conforming on the other and go
lot line to 10 feet.
SMITH: Well, most of them because theyre offset, most of them are nonconforming on one
side
GILLIS: Right, the driveway.
SMITH: Yeah.
ESHAM: But you have a buildable envelope, can you cover the whole buildable envelope?
SMITH: Um
GILLIS: If the neighbors comply, it sounds like.
SMITH: I would say, I would say you can, they have a few, its a little bit stressful with
stormwater management and landscape, on retrofits, and you still have to maintain the one
parking space normally. There are some lots in there that have no parking, right on 25th Street,
because theyre not accessible, but you can occupy the allowed footprint if you meet all your
setbacks. I dont think whether its this wide, or this wide, or this wide is the issue.
BUCKLEY: Right.
SMITH: The ridge line is going to run, based on that, and if they have some ability, if the back
half is 18 feet or 16 feet, then that might determine the overall ridge line, and then the
stepdowns will be whatever they might. I dont think thats a threat, its doing the lengthwise
roofline thats a threat.
BUCKLEY: Right. Let me, Mr. Kurka?
KURKA: Yes?
BUCKLEY: You said go with the length and not, go with the width and not the length.
KURKA: That was our wording.
BUCKLEY: Right, how did you, Im just trying to see, okay, youve got it right here. To
construction in relation to the width of the unit and not with the length of the unit.
KURKA: Uh huh.
BUCKLEY: Okay.
KURKA: Could I go back to the picture you put up a minute ago that showed, no, not that one.
That one right there. You made a statement a minute ago that that could still have that dormer
out on that side.
BUCKLEY: Um hm.
KURKA: And my question is, if it goes with the width of the unit and not with the length, that
would not be allowed anymore.
SMITH: It might not be allowed for this unit
BUCKLEY: He said it had to be the same height as the one in the front.
SMITH: (off mic, unable to hear).
KURKA: Yeah.
SMITH: (off mic, unable to hear). Thats why I think youve not intensified by turning the roof
sideways as long as you keep the ridge line of this piece.
KURKA: Well, thats not, that dormer coming out there is not with the width.
SMITH: I understand that, but if it doesnt exceed the depth of the house (unable to hear,
talking away from microphone).
MILLER: Youre talking the height.
SMITH: Right, it stays at that level or lower
GILLIS: (unable to hear).
BUCKLEY: Okay people were on a public hearing, you need to speak one at a time and then
to, I have a question. What youre saying is that you dont want them coming out on the sides,
you only want them on the width ends?
KURKA: Well, youre opening the door again. Are we saying then, like that one, lets say that
unit just by illustration is 60 feet long.
BUCKLEY: Um hm.
KURKA: And they say well, lets go the first 20 feet with it going with the narrow and were
going to go the last 40 feet and go up this way, with the length.
BUCKLEY: But it still has to stay the same height as the front.
SMITH: It cannot exceed the ridge line in the front.
BUCKLEY: Right.
GILLIS: The very peak cant go higher than the front.
KURKA: Is that what that wording is saying?
STAFF/COMMISSIONERS: Yes.
KURKA: (laughs) Okay.
SMITH: So however you
BUCKLEY: Were going to make sure but
SMITH: (off mic, unable to hear).

BUCKLEY: Hes the one thats got to enforce it so
KURKA: Oh, theyre all in violation, Im sure. If this goes into effect.
SMITH: It may bring it down where its up at this point.
KURKA: See, this is where Montego Bay, when Tony was here the last time at the hearing and
he showed his drawing, Montego Bay has a policy that says it can be the length, the width,
whatever, but it still cannot be any higher than so many feet. In other words, the roofline can
come up like that, but thats the maximum it can go, its got to turn and go this way. And I said
to Tony, thats great, as long as everybody on the Board agrees with that, but when you get five
people that become a majority on the Board and they say shewww whats there to stop that?
So thats why this stop-gap is being, you know, brought to you.
SMITH: Yeah, Montego Bay has a few that are like this.
KURKA: Right.
SMITH: Its not many, but there are a few of them up there with the reverse rooflines.
KURKA: So this could be accepted, that particular drawing, or that particular construction, as
long as that dormer side does not go any higher
BUCKLEY: Um hm.
SMITH: (again, off mic) higher than this
KURKA: Then what, then thats what your proposal is saying?
SMITH: I just want to make sure Im clear on it.
BUCKLEY: And youre okay with that?
KURKA: Um, I dont see
SMITH: Its a control, it would be a control point.
GILLIS: I dont see why that would be a problem.
BUCKLEY: Yeah.
KURKA: This is the manager of the park.
BUCKLEY: Well, I dont that, I mean, otherwise, then were going to have to come back, well
have to readvertise something that says its only going to go in one direction.
SMITH: I dont think that was the in-, I mean, I dont know about their intent
BUCKLEY: Right.
SMITH: but I dont think that would be a good feature, because you want some good
BUCKLEY: Thats what I want to say, we just have to discuss it, but that probably isnt
necessarily what we want, because I mean, not that
SMITH: You dont want it to grow out of proportion, but I think when we, Im going to go back to
the original mobile home, the double-wide, the modular, the build-overs, and then we went to
custom building. And because you cant get a manufactured unit in the factory anymore that will
these lots.
BUCKLEY: Right.
SMITH: So that
BUCKLEY: Thats always been the issue here.
SMITH: right, that gave the property owner the benefit of bringing into life safe regulation,
FEMA regulation, all the standards that we have these days, now theyre even going to sprinkle
them like everybody else. But I think when we agreed that they could do habitation in the upper
level as long as they met all the livability, that you dont want to dwarf it, so I think if you, when
you do your dormers and your rooflines, and you control the roofline by the width of the house, I
think weve still maintained what we started off with, to create good residential communities.
BUCKLEY: Okay.
SMITH: And all these, theyre almost undiscovered communities because theyre so nice.
Theyre different, and theyre tight, but its better than having a concrete box!
KURKA: Thats right.
SMITH: Youve got your space and what-have-you, so I think that what has been allowed over
time, and even the Board of Zoning Appeals frowned on it many many times, they hated giving
waivers and exceptions to encourage survival, thinking we ought not be doing this, but I think
once they became into life safety
BUCKLEY: Um hm.
SMITH: that were seeing nice, residential properties, and value-wise, its unbelievable, how
theyve grown in value.
KURKA: Oh yeah.
SMITH: Um, but if
BUCKLEY: I mean, I can see how youd want this, I mean, I concur with it not being higher; I
dont have an issue with them having different rooflines as long as theyre all, you know, here
and not up here and that kind of thing, but, anyway.
SMITH: But essentially, the ridge line is based on the width of the unit, then that will be the
control point, so it will not go out of proportion.
BUCKLEY: You want to say go with the width and not the length?
SMITH: Right, the width of the house. The ridge line will run with, well, the ridge line will be
determined by the width of the house
BUCKLEY: Not the length.
SMITH: the ridge line runs lengthwise, it does.
BUCKLEY: No, Im saying is, do we want to make it even one step further in what we say
instead of just the width, the narrow width of the main building, say that its going to go with the
narrow width of the main building, not the length.
SMITH: Yes.
BUCKLEY: And we could just put not the length in there.
SMITH: Thats right.
BUCKLEY: And that would um
GILLIS: (unable to hear)
BUCKLEY: I think so.
SMITH: be determined by the narrow width and not the length.
BUCKLEY: Um, Peck has a question.
MILLER: And were going to stick with the 15 foot height, thats the max.
BUCKLEY: Oh yeah.
SMITH: Yes. Theres no proposal to change height. The only thing we did on height is we now
measure 17 feet above the crown of the road because weve got that extra 2 feet of freeboard.
We did give them the benefit of that, and then the height, the 15 foot height is measured off that
point.
MILLER: So youre okay with the 30 foot wide house going
SMITH: Yeah, oh yeah. Its still got the same 7/12 roof pitch, the same height limit, its just that
they cant turn the ridge the other way for
BUCKLEY: Right, gotcha, okay.
KURKA: As a matter of clarification of terms, Im not a contractor. Is roof line and ridge line
meaning the same thing?
SMITH: No.
GILLIS: The ridge line is the apex, the very peak.

KURKA: Okay, how high it is.
GILLIS: Thats exactly right.
SMITH: Because the roofline can be different ways; different fashion, but the ridge is the apex
or the, is the ridge.
BUCKLEY: The very, very, very top.
SMITH: And thats why when I did the diagram of the variables, it had 25 foot wide, the most
you can get is (again, off mic explaining diagram on screen, inaudible to transcribe) but if you
have a 65 foot, the ridge is going to be a (inaudible).
KURKA: Right.
SMITH: And thats what youre here for, and the way this is reading, it would have to be turned
this way, now you could turn it sideways like this, but the last (inaudible) for height, would be
controlled.
BUCKLEY: Okay. Do we have anyone else in the audience who would like to give testimony in
this public hearing? Yes, sir, please step up to the table. Raise your hand and Mr. Esham will
swear you in.
ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing
but the truth?
KONJUSKY: I do.
ESHAM: And your name and address please.
KONJUSKY: My name is Alan Konjusky, Im at 119 Huntingwood Drive, Lancaster
Pennsylvania. Im also a property owner in the Isle of Wight Park.
BUCKLEY: Okay, and as I said, just speak into the mic.
KONJUSKY: Id like to have this read into the record: I oppose the petition to amend building
code section 110-422 as it would have significant negative impact on my rights and others. As
we would suffer economic harm, not be able to attain full enjoyment of our property, and be
stifled to perform future improvements on it. Regarding this particular building code, I am not
aware of any cases that the Planning and Zoning Commission has had to address, therefore I
do not see a need for the amendment.
BUCKLEY: Okay.
KONJUSKY: Id like to have that entered into the record, but as far as the discussion, by putting
the pitch 7/12 to the narrow side of the ridge line, you will eliminate any potential of habitation on
a 20 foot wide trailer.
BUCKLEY: Well, at this point, you
KONJUSKY: On the example that was up there earlier

BUCKLEY: Um hm, because what weve discussed is that you now have a 15 foot height; and
its 2 feet above, so basically youre going to come up 17 feet from the ground, and thats to the
board?
GILLIS: Freeboard.
BUCKLEY: No, where you mean the 15 feet?
ESHAM: The top plate?
BUCKLEY: The top plate, right, okay, thats the top plate where you get to go to 15- almost 17
feet, alright? And then you can go up your 7/12 roof pitch. However, most homes at this point
are not, do not have a ceiling height inside of 7, or 15, or 17 feet, okay? So if you go up to a
nice 9 foot ceiling, thats still going to give you another 6 feet in knee walls for the second floor
to go up another 8 feet, so thats going to give you an almost 14 foot ceiling height on that
second floor, right?
GILLIS: At the peak.
BUCKLEY: At the peak, but youre going to have knee walls coming up
MILLER: And dormers.
BUCKLEY: and then you could have a dormer coming out that would stay on that thing, so it
would definitely be habitable.
KONJUSKY: Not when you back out on the 15 feet, when you back out the crawl space, the
minimum flood height, and then the floor joists, top and bottom.
BUCKLEY: Um hm, we gave 2 feet, extra feet for that FEMA regulation that is now in play. So
you now can go from the
GILLIS: Average finished grade.
BUCKLEY: from the average finished grade you can go up 17 feet. This is what the builders
are telling me now, Im not a builder, Im an appraiser, but.
SMITH: (off mic, couldnt transcribe)
BUCKLEY: Wait, wait, wait, you have to come up to the mic. But the Code now is 15 feet and
its just a matter of, its a 7 pitch roof line is already in the Code, thats already there.
KONJUSKY: Right.
BUCKLEY: but the issue that weve discussed this evening is instead of going this way with
it, that they would turn it the opposite direction and get a much higher roof, I mean, a higher roof
ridge, a higher ridge line, which would, you know, have an issue with health and safety in that, in
your particular park because of the narrowness of the streets and the emergency vehicles
getting in there; fire, you know, if the houses are higher then, everything on either side is going
to be in shade all day long. So what we are attempting to do is try to work out something that is
an overall good thing for the community, keeping everybodys property in, I dont know, a
compliant situation, but an enjoyable situation that is working together. Thats what the zoning,
you know, we try to do. Now if you need someone else like a builder to explain it to you
KONJUSKY: No, Im very familiar with the building regs.
BUCKLEY: Okay.
KONJUSKY: Its just that many of our lots are much narrower than what is being discussed,
theyre not 30 and 20 feet. Mine for example is 17 feet.
BUCKLEY: Okay.
KONJUSKY: My unit. With a 7/12 pitch, with a 15 foot high to the top plate there would be no
way Id be able to habitate the second story. And in our particular park, our rules are even more
restrictive
BUCKLEY: Um hm.
KONJUSKY: were limited to a 5/12 pitch, were not allowed to have dormers, and were
limited to 13 feet walls. So thered be no habitation there whatsoever, above the first floor.
MILLER: So theirs are more restrictive than what were proposing.
KONJUSKY: Absolutely!
BUCKLEY: Yeah.
MILLER: Well, thats their, you know
BUCKLEY: Thats your community. Were just trying to
KONJUSKY: I understand, I understand that, but by introducing this configuring the roof, if you
want to control the height, and my understanding of the petition was that it didnt have anything
to do with height. I was at our board meeting on Saturday, and it said that they, one mentioned
that it had nothing to do with the overall height of the building, and it absolutely will. This
amendment will restrict the overall height of a building, so if thats the intent, then just establish
a certain height and not allow people to build over that height.
GILLIS: I guess my question, in regards to economic hardship, is having lived in a home that
looked more like this one for several years, when I wanted more space, I sold that one and
bought another place. So I mean, when you get to economic hardship, I guess my question
becomes, when your car gets to be a certain life, you sell it and get another one, so just
because you want to build more occupy-able space, Im not sure where it gets to the point
where it reaches beyond its capability.
BUCKLEY: The site supporting, a larger house, a larger property.
GILLIS: When you live in a restricted home development, and you want something more than
what that restricted home development offers, then you sell that home and you move to a
different place, and Im not trying to be disrespectful, because this was my home for, not this
one, but one just like that, for many years. That being said, I sold it and bought a house. Thats
what people do.
MILLER: And I think a lot of the sizing youre talking about is based on the width of the lots. I
mean some lots are not meant to have, because the setbacks arent going to be as tall as large
properties, larger properties, thats what I was alluding to earlier, if you have two lots together
and you go 30 foot are you okay going with a roof that height. Its not issue of height, its based
on the lot size, and the proportions within those lots I think, more importantly.
BUCKLEY: I think the proportion is a huge thing, and I mean, you can go to Caine Woods, I
mean, we, not that anyone ever makes a mistake, but weve got 45 foot wide lots up there and
theyre having to put their homes sideways because its not wide enough for when they were
putting those modular units in, you know, those Nanticokes when they were ever so popular, as
opposed to stick-building one going the other way, so there are things that you have to do in
certain communities that are restricted in certain ways, or when their lot sizes are certain things,
and, do you understand?
KONJUSKY: Absolutely.
BUCKLEY: Okay.
MILLER: He still doesnt agree.
BUCKLEY: You dont agree, but. In the long run, I can tell you that it might benefit your
property value if the whole community maintains a certain integrity in and of itself; as opposed to
things going rampant one way or the other.
GILLIS: Helter-skelter.
BUCKLEY: Yeah, helter-skelter. I mean, Ive seen it in other developments where you cant get
the full value out of a home that built, stick-built this, you know, this McMansion next to a
manufactured home because of where they are. You know, thats not necessarily the highest
and best use of that piece of property so, when, what this could help with is maintaining the
integrity of your community and keeping it in a character that so far people seem to enjoy.
KONJUSKY: Yeah, Im all for the integrity of the community and I think that, having the options
of configuring the roof in any manner that you like, it adds character to the different individual
homes. I currently own the buildover that you referred to earlier, and we were able to build a 2
bedroom, 2 bath little cottage, its only 14 and feet wide, and it fits in with the other homes on
each side, so what Im saying is that I dont know that theres a known issue here and I dont
know that there even needs to be a remedy, but if a remedy needs to be pursued, Im not so
sure that it has to be basing the configuration on the narrow side of the unit.
BUCKLEY: You under, I mean, that is controlling the height.
KONJUSKY: Significantly, I do understand that.
BUCKLEY: Thats controlling the height. You can put it the other direction, but it cant be any
higher than what this height is. As you were saying, you want it to be a height issue, well thats
basically what this is, because you can put it on, you can put your ridge line going lengthwise, at
this, I think it gives you 8 feet above your plate, but you can also switch it and go the length of
your unit, it just cant be any higher than 8 feet at the ridge point.
GILLIS: It wouldnt look particularly balanced, but
BUCKLEY: I didnt, I didnt say that but you know, here again in this one, where youve got
some going this way and some going the other, and by the time you put a dormer out, I would
believe that you could get some living space up there.
BROUS: I think so too, Blaine, could you do the math for us, Im just not. I mean, on a small 14
foot lot for instance, with a 5/12 roof and an 8 foot ceiling, I think you still could get some wall
there. Your math is better than my math.
SMITH: Think you could still get some living space?
BROUS: Correct, do you hear that?
GILLIS: Occupyable space. But doesnt the parking regulations kick in at that point, when
youre having more bedrooms and stuff like that? I mean, somewhere along the line there gets
to be a point where theres a tipping point, where it gets to be too much product on a lot. Thats
where you sell this and move to another location.
SMITH: Yeah.
BUCKLEY: You said your parking, your lot is 17 foot wide?
KONJUSKY: The unit is.
BUCKLEY: Oh, the unit is. Okay, alright.
KONJUSKY: The buildable unit would be 17 feet wide, the property is 27.
BUCKLEY: Okay, 17
SMITH: Ill go back to when these parks and their nonconformity was perpetuated, as to height,
area, and bulk requirements and parking, that to me, the part and not just in the parks, a lot of
Ocean City has enjoyed the nonconformity allowed redevelopment, and I think allowed these
homes to advance to this point, and they all, the majority of them had one parking space, so
thats all they ever had, so originally the single-family houses were just one parking space per
unit, and then we went two per unit, but these never had but one, so these were grandfathered,
and if you had a single-family dwelling you were entitled to three-bedroom with whatever
parking you had, so they dont intensify the demand on parking, because its never exceeded
the 3 bedroom quote, theyve been grandfathered for one space up to a 3 bedroom house. And
these co-op parks, none, I dont know of any of them that have ever, they mayve gotten some 3
bedrooms, but I dont think Ive seen it. Most of them are two bedroom at the most. And I think
that this example is a good example (off-mic, inaudible) thats exact type picture as the one Im
saying here.
BUCKLEY: Right.
SMITH: Because these lots are substandard and they have been allowed to advance and enjoy
it, now even the habitation where you can make it meet all the life safe regulations, to take it
where, I mean literally, it could become as much as two or three story house
BUCKLEY: Right.
SMITH: if the length was whatever.
MILLER: Thats why were putting the limitation on the
SMITH; Oh, I understand, but Im thinking what
MILLER: and each individual property owner is looking at their lot width, their buildable lot
area, and limit that to 15 feet, so what were doing is just limiting by lot size and setbacks for
how high youre going to be able to go on your property.
SMITH: But I think his statement is he dont see the necessity of it, or whats raised it at this
point.
MILLER: Well, there youve got to put some kind of limitation on height.
GILLIS: But I mean, correct me if Im wrong, but dont these, because theyre nonconforming
and dont have to comply with what everybody else would have to comply with, arent they
enjoying a benefit that other people that have?
SMITH: Yes!
BUCKLEY: Oh definitely!
GILLIS: Absolutely, so I mean.
KONJUSKY: Thats my point.
GILLIS: But somewhere along the lines there gets to be a tipping point.
BUCKLEY: But we feel like weve got to put a stop to it at some point.
SMITH: Yeah.
BUCKLEY: You know, its like, Im not a fan of grandfathering anyway, but I do see the need to
it at some point, you certainly cant take away peoples right if theyve had them forever, but its
the same with me. I cant build something on my property that doesnt fit. And if I decide I want
something, need something different, Im going to have to sell and get a bigger piece of
property.
GILLIS: Thats what happens.
BUCKLEY: Thats when you live in a town with zoning and you get all of those nice effects.
You pay all those taxes and you get the nice streets and the trash collection, and all that, you
have to pay the piper when it comes to your development.
STALEY: Yep.
KONJUSKY: I absolutely agree that there should be maximum limits set, but by the same
token, I dont want the pendulum to swing the other way and have it so restrictive that now Im
able to build a stick-built mobile home. It would be no economic sense to that.
BUCKLEY: You can still build a two-story home there. Here, come take this please. This is
your
SMITH: Oh yeah, the little diagram.
BUCKLEY: this is your diagram, and you get it on an 18 wide unit, which is almost yours plus
a foot, youve got 56 up to the ridge, okay? So lets say you could only get 5 feet, but youve
got 15 feet above your 2 feet elevation here. So you have a first floor thats 10 feet, and youve
got a 5 foot knee wall, then your roof pitch comes up so this, your center is 10 feet in here. And
you could pull a dormer out, and now youve got a 10 foot second floor.
KONJUSKY: I do understand the math, part of the process is our regulations.
MILLER: Well, your regulations will allow you to do that.
BUCKLEY: Well, yes.
MILLER: Because you have a 13 foot height and a 5/12 roof pitch.
BUCKLEY: Right, right.
KONJUSKY: (Speaking off-mic, so cannot be understood)
ESHAM: Wait, wait
BUCKLEY: I need you to get to a microphone.
ESHAM: sounds like your problem is not what this boards doing, its with the declarations
and restrictions in the neighborhood that you bought into that you were on notice of those rules
when you, before you decided to buy.
KONJUSKY: No, theyve changed since I bought.
ESHAM: Well then but you had
KONJUSKY: To your point, yes, but, what the petition is proposing is that some of our
restrictive rules will now come downtown and change your building code, when I dont see
where theres a need for a remedy to have to do that. Thats all Im proposing.
ESHAM: it almost sounds like this is more restrictive than what youre already living with.
GILLIS: But the peoples who it does impact are asking for that, are bringing that up. Your
housing development is more restrictive than what were imposing.
KONJUSKY: Right.
ESHAM: Exactly.
BUCKLEY: And this is not the only, weve also got other ones that are in this town that do not
have as restrictive as community bylaws as yours; and they do request, in certain times that we
look at our zoning, as we do all the time, to see what can and cannot be tweaked, so. Anyway,
can we solve any of your issues with what were doing? We cant solve anything with the
community.
KONJUSKY: Im not asking you to.
BUCKLEY: (chuckle) Okay.
KONJUSKY: Thats another issue for another time.
BUCKLEY: Okay, thank you.
KONJUSKY: Thanks.
BUCKLEY: Alright, anyone else wish to speak to this public hearing? Pro, against, anything?
TAYLOR: Blaine, all those mobile home communities were notified of the hearing?
SMITH: Theyve all been advised of it; not the individual unit owners, but the management.
TAYLOR: Right. And they have not submitted any comments?
SMITH: Ive gotten some comments, but I think because they have their safeguards as well, the
community associations, for them not to be here they may depend on what they do and they
may hope that we do this, but I cant really, thats hearsay. The other thing I would say
BUCKLEY: From what youre talking about between this 15 height and still getting the roofline
on top of that, I dont see that being
GILLIS: A hardship.
BUCKLEY: restrictive or hardship to a property thats got a 20 or 25 foot width lot.
SMITH: Right, and I would say that Isle of Wight, Warrens and Sundowner, Sundowners a
little bit different, some of their lots are longer, but Warrens has got a lot of long lots too, but this
particular house here, I would say is substantial, its a nice utilization of that property and you
know, it fits the community.
BUCKLEY: Well, what theyve done is theyve stair-stepped the roof so its not so obtrusive as if
it were just one single roof line going down that, that height of that dormer or that one in the
middle coming out, which makes it a little more easy to swallow.
SMITH: But I, theres no doubt in my mind that this would be very disruptive, if
BUCKLEY: Okay, alright.
SMITH: when we did the habitation in the 7/12 roof pitch, I think I knew in my mind, from an
architectural standpoint that this could happen. I didnt think it would happen, but I do believe
we need to implement something in the code to preclude it.
BUCKLEY: Okay, well I dont want your job of trying to enforce the zoning code anyway, so if
you think that this is something thats, because to me, it does not appear to be a hardship. But
anyway, any other questions, does the Commission have any questions of anyone to further
have information in which to render a decision?
MILLER: Im good.
BUCKLEY: Anybody else, any questions, anything else? Alright, I am in favor, I mean
TAYLOR: I move we close the hearing.
BUCKLEY: Okay, thank you. May we have a second?
GILLIS/STALEY: Second.
BUCKLEY: Oh my goodness, we have a sec Palmer hit first, sorry John.
STALEY: Its alright.
BUCKLEY: We have a motion by Lauren to close the hearing; a second by Palmer. Any
questions, anything else? All in favor?
UNISON: Aye.
BUCKLEY: (gavel) So moved. Alright, now would you guys wish to deliberate this this
evening?
TAYLOR: Yes.
BUCKLEY: Okay, Ill start with Lauren.
TAYLOR: I think that the petition should be granted and that we should recommend um
STALEY: The change to the Code.
TAYLOR: the change to the width of the unit and not the length of the unit as per your
original
STALEY: The width and not the length.
TAYLOR: well thats what I just said, the width and not the length, yeah.
BUCKLEY: Okay.
STALEY: I agree.
BUCKLEY: Anybody else?
MILLER: I agree and I just want to make sure we have the verbiage down so we have the
definition, is 100% defined.
BROUS: Im fine.
GILLIS: Im okay with it.
BUCKLEY: This is what I have, from what we advertised and what we discussed this evening,
that the ordinance will read as follows: The area above the maximum building height under a
sloped roof, not exceeding a 7/12 roof pitch, may be used for habitation, subject to dormers not
exceeding the ridge line, which shall be determined by the narrow width of the main building and
not the length, and in compliance with all applicable life safety regulations.
BROUS: I still think we could be more clear if it says the lesser, because I just think somebody
may say well, hey, my width is longer than my length, I dont know.
BUCKLEY: The narrow width.
MILLER: Im with Joel, I agree with that, just make sure that Will drafts it or whoever, that it has
the right language in it.
BUCKLEY: Were doing that, okay, the narrow width of the main building, which is the original
mobile home or what
ESHAM: I would put the narrow width and then say and not the length, or put per ends and not
the length, and not no, before you say of the main building, yeah.
BUCKLEY: Right, in parentheses?
ESHAM: Yeah.
BUCKLEY: Okay. So it will say, the new reading shall be, the new language which shall be
determined by the narrow width (and not the length) of the main building, and in compliance with
all applicable life safety regulation. Do you think that works? Okay.
GILLIS: So moved.
BUCKLEY: All in favor?
UNISON: Aye.
BROUS: Did we need a second?
BUCKLEY: (gavel) Thank you! John seconded that. Im sorry.
Respectfully submitted:
Karen G. (Kay) Stroud
Zoning Analyst
October 7, 2014
First Reading _______________________

Second Reading _____________________
ORDINANCE 2014-
AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF

THE TOWN OF OCEAN CITY, MARYLAND
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND

CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE
CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY,
AMENDED TO ADD LANGUAGE TO SUBSECTION 110-422(3) AS FOLLOWS:
The area above the maximum building height under a sloped roof not exceeding a 7/12
roof pitch may be used for habitation subject to dormers not exceeding the ridge line,
which shall be determined by the narrow width (and not the length), of the main
building and in compliance with all applicable life safety regulations.
INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on

October 20, 2014.
ADOPTED AND PASSED by the required vote of the elected membership of the
City Council and approved by the Mayor at its meeting held on ____________________,
2014.
ATTEST:
_____________________________
KELLY L. ALLMOND, Clerk
_________________________________
RICHARD W. MEEHAN, Mayor
Approved as to Form:
_________________________________
LLOYD MARTIN, President
_____________________________
GUY R. AYRES, III, Solicitor
__________________________________
MARY P. KNIGHT, Secretary

5. NEW BUSINESS
E. Discussion of Springfest and Sunfest Beer Truck Rotation
presented by Internal Auditor and City Clerk
TOWN OF
TO:
THRU:
FROM:
RE:
DATE:
Agenda Item #
5E
Council Meeting
November 25, 2014

Susan Childs, Internal Auditor
Non-Profit Beer Truck Rotation
November 25, 2014
ISSUE(S):
Opening Springfest and Sunfest beer truck rotation to additional

non-profit organizations.
SUMMARY:
At the October 14, 2014 Work Session, Councilmember Mitrecic

made a motion and Council voted to evaluate adding other Ocean
City based non-profit groups to the closed Springfest and Sunfest
beer truck rotation list. The current list consists of 42 organizations
that operate a truck every 5 or 6 years at either Springfest or
Sunfest.
The original rotation list was established on February 20, 1996, via
a lottery drawing, determining organization placement for four (4)
concessions to sell beer at Springfest and four (4) concessions at
sell beer at Sunfest. PPM 900-5 describes the beer truck rotation
procedure.
In 2011, the Mayor and Council entertained the idea of allowing
new non-profit organizations into the rotation. A notice was
published and two (2) organizations met non-profit status criteria.
However, at the April 4, 2011, Regular Meeting, a motion was made
to approve adding both organizations but failed. It was at this time
that a motion was made and unanimously passed to freeze the nonprofit beer truck rotation list.
In 2013, groups in the rotation were asked to provide current nonprofit tax status. One (1) organization, Eastern Surfing Association,
asked to be removed from the rotation. During this review, we
found it more effective to manage two (2) separate lists, one for
Springfest and one for Sunfest, rotating the groups through each
event. The order of present and future rotations is based on actual
participation data.
FISCAL IMPACT:
Not applicable
RECOMMENDATION:
Maintain closed list as unanimously approved in April 2011.

1st Class Resort and Tourist Destination
ALTERNATIVES:
Only open rotation to replace organizations that are removed such

as Eastern Surfing Association which dropped out in 2013. This will
entail public notification and a lottery.
RESPONSIBLE STAFF:
Kelly Allmond, City Clerk

Susan Childs, Internal Auditor
COORDINATED WITH:
Brenda Moore, Special Events
ATTACHMENT(S):
1) Rotation list approved July 15, 2013

2) PPM 900-5
SPRINGFEST
1
2
3
4
5
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7
8
9
10
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27
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32
33
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35
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37
38
39
40
41
42
1
2
2015 BelieveinTomorrowFoundation
DowntownAssociation
OCAviationAssociation
AmericanRedCross
2016 ShrineClub
WorcesterCountyHumaneSociety
LionsClubofOceanCity
OCParrottheadClub
2017 SurfriderFoundation
OceanCityDevelopmentCorporation
AmericanLegionAuxiliary#166
EasternSurfingAssociation
2018 AncientOrderofHibernians
OCLionsCharities,Inc
RavensRoost#44
LadiesAuxiliaryofVFW
2019 OCSisterCities
ElksLodge#2645
PowerSquadronofOceanCity
RotaryClubofOceanCity/Berlin
2020 KnightsofColumbus4thDegree
VFWPost#8296
ParamedicFoundation
DelmarvaIrishAmericanClub
2021 AmericanLegion#166
OptimistClubofOceanCity/Berlin
Parks&RecreationAdvisoryBoard
MarylandSaltwaterSportFishermen'sAssociation
2022 KiwanisClubOceanCity/Berlin
KnightsofColumbus
ArtLeagueofOceanCity
OCChapterofAHEPA
2023 LadiesPhiloptochosSocietyofStGeorge
St.Mary'sStaroftheSeaCatholicChurch
ElksLodgeLadiesAuxiliary
OptiMsOfOceanCity/Berlin
2024 MDCoastalBaysProgram
TempleBatYam
LadiesAncientOrderHibernians
OceanCityLioness
2025 AmericanCancerSociety
SonsofItalyLodge#2474
BelieveinTomorrowFoundation
DowntownAssociation
SUNFEST
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3
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7
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42
1
2
2015 OptimistClubofOceanCity/Berlin
MarylandSaltwaterSportFishermen'sAssociation
KiwanisClubOceanCity/Berlin
2016 KnightsofColumbus
ArtLeagueofOceanCity
OCChapterofAHEPA
LadiesPhiloptochosSocietyofStGeorge
2017 St.Mary'sStaroftheSeaCatholicChurch
ElksLodgeLadiesAuxiliary
OptiMSOfOceanCity/Berlin
MarylandCoastalBaysProgram
2018 KnightsofColumbus4thDegree
VFWPost#8296
AmericanRedCross
TempleBatYam
2019 OceanCityLioness
AmericanCancerSociety
SonsofItalyLodge#2474
WorcesterCountyHumaneSociety
2020 ShrineClubofOceanCity
LionsClubofOceanCity
UnitedStatesLifesavingAssociation
LadiesAncientOrderHibernians
2021 DowntownAssociation
OCAviationAssociation
AmericanLegionAuxiliary#166
BelieveinTomorrowFoundation
2022 AncientOrderofHibernians
SurfriderFoundation
OCLionsCharities,Inc
ElksLodge#2645
2023 LadiesAuxiliaryofVFW
OCSisterCities
OCParrottheadClub
RavensRoost#44
2024 OceanCityDevelopmentCorporation
RotaryClubofOceanCity/Berlin
ParamedicFoundation
PowerSquadronofOceanCity
2025 DelmarvaIrishAmericanClub
AmericanLegionPost#166
OptimistClubofOceanCity/Berlin
TOWN OF OCEAN CITY

OCEAN CITY, MARYLAND
POLICY AND PROCEDURE MANUAL
PPM 900-5
SECTION: Legislation
SUBJECT: Springfest and Sunfest

Beer Trucks
________________________________________________________________
The Mayor and City Council allow non-profit organizations located in the
7th election district and based in Ocean City to operate four (4) concessions to
sell beer at Springfest and four (4) concessions at Sunfest. The organizations
were determined by a lottery drawing conducted at the Mayor and City Council's
meeting on February 20, 1996. The position of the organizations was
determined at this meeting and rotation through the list will proceed with four (4)
organizations per event. Any new organizations will be added to the bottom of
the list at the time of approval as an eligible organization. Should an organization
be removed from the list, all organizations will move forward in the rotation from
the point of the removal. Any organization on the list and located outside the 7th
Election District as of February 18, 2003 will be grandfathered as eligible in the
rotation. Submittals must be made between January 1st and February 1st of
each year. Eligible non-profit organizations must be 501(c)(3); 501(c)(4);
501(c)(7); 501(c)(8); 501(c)(10) or 501(c)(19). Updates of additions and
deletions to the list will be made as necessary and is provided as an addendum
to this policy. In the event that Springfest or Sunfest are cancelled for any
reason, organizations will move to the next available festival.
Annual submission of each organization's IRS Form 990 (Proof of NonProfit Status)is required for the eight organizations scheduled for a beer truck in
that calendar year in order to remain on the festival list. Information is to be
submitted to the City Manager's Office by the close of day on or before February
1st of each year. Any organization not providing the appropriate documentation
will be removed from the list after review by the Mayor and City Council.
Date: 8/27/96, 3/10/98,3/9/99, 6/1/999, 2/20/2001, 2/18/2003; 10/28/2003;

2/22/2005; 4/12/2005; 2/21/2006; 2/20/2007; 8/26/2008; 7/13/2010; 3/15/2011
ADDENDUM
ORGANIZATIONS SELECTED FOR
SPRINGFEST AND SUNFEST BEER TRUCKS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
DELMARVA IRISH AMERICAN CLUB

AMERICAN RED CROSS
TEMPLE BAT YAM
OCEAN CITY LIONESS
OPTIMIST CLUB OF OCEAN CITY BERLIN
POWER SQUADRON OF OCEAN CITY
PARKS AND RECREATION ADVISORY BOARD
VFW POST #8296
AMERICAN LEGION POST #166
SONS OF ITALY LODGE #2474
WORCESTER COUNTY HUMANE SOCIETY
OPTI-MS OF OCEAN CITY BERLIN
KNIGHTS OF COLUMBUS
ART LEAGUE OF OCEAN CITY
ELKS LODGE #2645
UNITED STATES LIFESAVING ASSOCIATION
LADIES ANCIENT ORDER OF THE HIBERNIANS
DOWNTOWN ASSOCIATION
LIONS CLUB OF OCEAN CITY
MARYLAND COASTAL BAYS PROGRAM
OC PARROTHEAD CLUB
RAVENS ROOST #44, INC.
SURFRIDER FOUNDATION
MARYLAND SALTWATER SPORT FISHERMEN'S ASSOCIATION
AMERICAN LEGION AUXILIARY #166
BELIEVE IN TOMORROW FOUNDATION
ANCIENT ORDER OF HIBERNIANS
ROTARY CLUB OF OCEAN CITYL BERLIN
LADIES AUXILIARY OF THE VFW
OC CHAPTER OF AHEPA
OC AVIATION ASSOCIATION
OC SISTER CITIES
SI. MARY'S STAR OF THE SEA CATHOLIC CHURCH
ELKS LODGE LADIES AUXILIARY
SHRINE CLUB OF OCEAN CITY
AMERICAN CANCER SOCIETY
PARAMEDIC FOUNDATION
OCEAN CITY DEVELOPMENT CORPORATION
KNIGHTS OF COLUMBUS 4TH DEGREE
40. KIWANIS CLUB OF GREATER OCEAN PINES-OCEAN CITY
41. LADIES PHILOPTOCHOS SOCIETY OF SAINT GEORGE
42. OCEAN CITY LIONS CHARITIES, INC.
Date: 2/20/96
Revised: 3/10/98; 3/9/99; 6/1/99; 2/22/00; 2/20101; 2/18/03; 10/28/03;
2/22/2005; 4/12/2005; 2/21/2006; 2/20/2007; 8/26/2008; 7/13/2010; 3/15/2011;
[11/25/2014]

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MAYORANDCITYCOUNCIL

WORK SESSION -MAYOR AND CITY COUNCIL

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

Tuesday, November 25, 2014

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland

REPORT OF CLOSED SESSION

WORK SESSION -MAYOR AND CITY COUNCIL

IN APPRECIATION OF WILLIAM E. HALL

WORK SESSION -MAYOR AND CITY COUNCIL

IN APPRECIATION OF JOHN J.H. WILLIAMS, JR.

WORK SESSION -MAYOR AND CITY COUNCIL

WORK SESSION -MAYOR AND CITY COUNCIL

The White Marlin Capital of the World

November 25, 2014

The Council President and Members of Council

Mayor and City Council legislative committees and commissions

WORK SESSION -MAYOR AND CITY COUNCIL

The White Marlin Capital of the World

November 25, 2014

The Honorable Mayor, Council President and Members of Council

Update from Comcast Corporation

Chris Comer, the new government affairs liaison for Comcast,

Annual Report now available

1) Letter noting channel changes

1301 McCormick Drive

November 18, 2014

Mr. David Recor

Dear Mr. Recor:

cc: Chris Comer, Director of Government & Regulatory Affairs

WORK SESSION -MAYOR AND CITY COUNCIL

The White Marlin Capital of the World

The Honorable Mayor, Council President and Members of Council

The Federal Emergency Management Agency requires each

Each flood insurance policy holder receives a 15% discount.

Blaine Smith, Assistant Director of Planning/Community Development

Bob Rhode, Emergency Services Planner

2014 Annual Report

ANNUAL REPORT ON IMPLEMENTATION OF THE

The major implementation effort continues to be addressing the problem of

WORK SESSION -MAYOR AND CITY COUNCIL

The White Marlin Capital of the World

November 25, 2014

The Honorable Mayor, Council President and Members of Council

To consider amending Article IV, Code Section 110-422(3) in the

The amendment recommended, inserting the language in italics,

Planning and Zoning Commission recommends amendment

Further amendments or denial of request.

Kay Stroud, Zoning Analyst

R. Blaine Smith, Assistant Director, Planning and Zoning

RECOMMENDATION TO MAYOR AND CITY COUNCIL

THIS EMAIL IS FOR LEGAL ADVERTISEMENT ONLY

ADD CITY SEAL

PLANNING AND ZONING COMMISSION

PLANNING AND ZONING COMMISSION

GILLIS: What kind of side yards do these parks typically have?

BUCKLEY: The lesser, the lesser width of the two sides.

TAYLOR: You cant have the lesser of two widths.

SMITH: (off mic, unable to hear).

GILLIS: The ridge line is the apex, the very peak.

KONJUSKY: On the example that was up there earlier

First Reading _______________________

AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on