November 25 2014 Complete Agenda

8/10/2019 November 25 2014 Complete Agenda

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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


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

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

PURPOSES:

X

1. To discuss:

(i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of

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 isnot 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 potentiallitigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the

negotiations;

10. Discuss public security if the public body determines that public discussionwould 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 imposedrequirement 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 discussionor disclosure would adversely impact the ability of the public body to participate

in the competitive bidding or proposal process

DATE AND TIME: Tuesday, November 25, 2014 12:00 p.m.

PLACE: City Hall

SUBJECT: Legal and Personnel Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:


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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 RecorCouncil President Lloyd Martin

Council Secretary Mary Knight

Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James;and Tony DeLuca

City Solicitor Guy AyresExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

Time:

H:\Wpdoc\closedsess.wpd


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3. ACKNOWLEGEMENTS AND RECOGNITIONS

A. Retirement Recognition of Firefighter/Vehicle Mechanic

William E. Hall


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IN APPRECIATION OF WILLIAM E. HALL25 YEARS OF SERVICE

WILLIAM E. HALL has contributed Twenty-five (25)years of dedicated service to the Town of Ocean City, where he beganhis career in 1989; and

WHEREAS, Bill Hall has played an integral role in the Town of theOcean 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 dedicatedfirefighter/EMT throughout his career.

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town ofOcean City, Maryland, along with the Ocean City Council, do herebycommend Bill for his Twenty-five (25) years of devoted service andwish 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 this25th day of November, in the year of Our Lord two thousand andfourteen.

______________________________RICHARD W. MEEHANMayor


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3. ACKNOWLEGEMENTS AND RECOGNITIONS

B.Retirement Recognition of Firefighter/Paramedic John

J.H. Williams, II


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IN APPRECIATION OF JOHN J.H. WILLIAMS, JR.31 YEARS OF SERVICE

JOHN J. H. WILLIAMS, JR. has contributed Thirty-one (31) years of dedicated service to the Town of Ocean City, wherehe began his career in 1983; and

WHEREAS, J. H. Williams has played an integral role in the OceanCity Fire Department for the past Thirty-one (31) years; and

WHEREAS, J. H. has been a dedicated firefighter/paramedicthroughout 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. organizedand supervised a Christmas toy drive for less fortunate children inour community and while this was not an official departmentactivity, J. H. enlisted many of his coworkers to participate.

NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town ofOcean City, Maryland, along with the Ocean City Council, do herebycommend J. H. for his Thirty-one (31) years of devoted service andwish him a happy and healthy retirement.

IN WITNESS WHEREOF, I have hereunto set my hand and causedthe Great Seal of the Town of Ocean City, Maryland to be affixed this25th day of November, in the year of Our Lord two thousand andfourteen.

______________________________RICHARD W. MEEHANMayor


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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.


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5. NEW BUSINESS

A.Discussion of Legislative Commissions and Committees

presented by Mayor Meehan


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TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO: The Council President and Members of CouncilFROM: Mayor Rick MeehanRE: Legislative Committees and CommissionsDATE: 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 shallappoint 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

Agenda Item # 5A

Council Meeting November 25, 2014


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MayorandCityCouncilLegislativeCommitteesandCommissions

Appointed:March4,2013

MDCoastalBaysappointeeschanged:November4,2013

PoliceCommission

MayorRickMeehan

DougCymek

(Chair)

LloydMartin

DennisDare

TourismCommission

MayorRickMeehan

MaryKnight

(Chair)

DennisDare

JoeMitrecic

NoiseBoardLiaison

DougCymek

Alternate:LloydMartin

PensionCommittee

MayorRickMeehan

LloydMartin

BeachMediation

JoeMitrecic

Alternate:MaryKnight

RiskRetentionCommittee

DougCymek

Alternate:DennisDare

TriCountyCouncil

MayorRickMeehan

JoeMitrecic

HumaneSocietyCommittee

MayorRickMeehan

MaryKnight

DennisDare

AmericanswithDisabilities

MaryKnight

CoastalResourcesLegislativeCommittee

MaryKnight

RecreationandParksCommittee

DennisDare

LloydMartin

JoeMitrecic(Chair)

MDCoastalBaysFoundationBoardofDirectors

DennisDare

Alternate:Matt

Margotta

TourismCommissionwillalsoinclude:

1representativefromHotelMotelRestaurantAssociation

1representativefromOceanCityChamberofCommerce

1representativefromEconomicDevelopmentCommittee

1representativefromOceanCityDevelopmentCorporation

ChairmanoftheStateTourismCommission(nonvotingmember)

TourismCommissionmeetingswillinclude:

CityManager

DirectorofTourismDirectorofConventionCenter

RepresentativefromOceanCitySpecialEvents

ExecutiveDirectorofHMRA

ExecutiveDirectorofChamberofCommerce

PoliceCommissionmeetingswillinclude:

CityManager

ChiefofPolice

Recreation&ParksCommitteemeetingswill include:

CityManager

DirectorofParksandRecreation


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5. NEW BUSINESS

B.Comcast Update presented by Chris Comer, Director of

Government and Regulatory Affairs


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Comcast UpdateDATE: 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 Changeso WBAL (NBC) will move from Channel 11 to Channel 91

but continue to be part of the Limited Tier on 12/18o WJZ (CBS) will move from channel 13 to channel 93 but

continue to be part of the Limited Tier on 12/18o 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 12/18o WTTG (FOX) will no longer be on channel 255 but will

continue to be on channel 905 on 12/18o Beach TV Management of paid advertising on channel 8

will be transitioned from Comcast Spotlight to ComcastLeased 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

Agenda Item # 5B



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5. NEW BUSINESS

C.Request to Approve Annual Hazard Mitigation Plan Report

presented by Planner


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TOWN OF

The White Marlin Capital of the World

Agenda Item# 5C


TO: The Honorable Mayor, Council President and Members of Council

THRU: David L. Recor, ICMA-CM, City Manager

FROM: Blaine Smith, Planning & Zoning

RE: Community Rating System Program Annual Re-certification

DATE: November 20, 2014

ISSUE(S): Community Rating System Program, under FEMA, requires annual re-certification to continue participation.

SUMMARY: The Federal Emergency Management Agency requires eachparticipating community under the CRS Program to submit an annual

report to their leadership for approval, which allows the community tocontinue their efforts to diminish storm damages in tandem with the

local Hazard Mitigation Plan. For our efforts, we receive a discountedflood 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


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2

2012. The Mayor and City Council adopted the original plan on July 27, 2004, asa requirement of the Disaster Mitigation Act of 2000.

Town staff continue to be educated whenever our Emergency Services staffschedule training, including emergency events, Continuity of Operations, andthe Incident Command System.

The Grants Coordinator has been assembling records of our grant spendingactivities, continually monitoring funding sources for assistance with floodmitigation projects. We are hoping to target properties that are likely futureflood losses to reduce the costs following flood damages.


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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 CommunityDevelopment Assistant Director


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kay Stroud, Zoning AnalystRE: 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 DistrictDATE: 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 abovethe maximum building height under a sloped roof not exceeding

a 7/12 roof pitch may be used for habitation subject to thedormers 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, helda public hearing on Tuesday, September 16, 2014. It had

received a request by residents of these communities to considerthis issue proactively to minimize light, air and ventilation

restrictions and hazards that might be associated with suchnarrow 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) Transcript2) Exhibits

3) Recommendation4) Draft Ordinance

Agenda Item # 5D



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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 a7/12 roof pitch may be used for habitation subject to dormers not exceeding the ridgeline, which shall be determined by the narrow width of the main building, and incompliance 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.


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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.

PLANNING AND ZONING COMMISSION

PAM GREER BUCKLEY, CHAIRPERSON

WILLIAM E. ESHAM, III, ATTORNEY


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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 thatthrough their review process. Not too many years ago, in the 90s, Nanticoke went to a 7/12roof pitch, and they adapted to that. And subsequent to that, we changed our definition ofbuilding height to allow habitation above the building height, within the roof line, as long as theroof 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, whichincludes adequate stairs with rise/tread/handrails, access windows, light, air and ventilation andheadroom and things of that nature, so the upper levels would be habitable and meet all lifesafety code. So that was another amendment we did to the Code. Not too long ago, wechanged the definition of building height in all of Ocean City, but relative to the mobile homedistrict, their building height is limited to 15 feet, measured from the crown of the road to the topplate of the upper wall where the roof met the sidewalls. Now we are measuring 2 feet abovethe crown of the road because of the flood elevation and things like that, we modified it, so thatgives them a little more building height and then when the roof line goes on, it gives them moreheadroom between the first and second floor, and you can come up somewhat more with acape-cod design. And what you read into the record was when we did that the limitations on thedormers 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 isbeing asked tonight, in fact, before at the August 5 thmeeting, the Isle of Wight Trailer Parkcame to you all with the concern. There was one unit that did their roof slope lengthwise of thetrailer rather than do it the width of the trailer. And Ill show you, I wont call this, it really iscrude, a diagram that I did to try to demonstrate, and Ill show you some pictures that might helpto 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 greattoo.

BUCKLEY: We have them.

SMITH: This is just a one-line, what Im trying to show here. In Montego Bay, their lot canaccommodate on the average a 65 long home, whether it be 25 wide, or 18 wide. Single-wides 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 slo pe, that givesyou an 8 high ridge line, based on the width. Whereas, if you had an 18 wide unit, many ofwhich are in Sundowner, Warrens Park, and the Isle of Wight Park, where you have single-widelots, it would be a 56 ridge line height, based on the width of the unit. If you take a 65 longunit, and do this, your ridge is to the top, youve got a 20 high attic space. So that was theconcern, 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 wasno 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 lotmore character.

BUCKLEY: Multi-level.


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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 ofWight, the Warrens Park, and the Sundowner Park, because their lots are narrow, andsometimes they can get 12, 14, 16 units. When they discovered they coulddo lengthwise rooflines, thats going to give them a whole lot more second-floor space; so thats the temptation, ifyou will, to start doing this type process.

MILLER: And theoretically they could pull a dormer off each end, right, is what theyre talkingabout?

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 putdormers on either side of that sloped roof, to accommodate more living space. Thats going tobe 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 haveexperienced more than the Warrens.

BUCKLEY: Are you north or south of Warrens?

SMITH: Theyre right at 25thStreet. Warrens is at 52ndStreet.

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 133rdStreet

BUCKLEY: Right.

SMITH: and Sundowner has a lot of custom-built units, but they are


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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 coderight now is permissive is what Mr. Kurka told us, even though, they dont know they will alwaysmaintain 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 Baythat has

BUCKLEY: Right.

SMITH: the board of directors and all that, if someone were to do it because they go througha lot of stress with variations that come in from time to time. But this would probably be, to usethe word protective, to avoid a problem, it does have some potential. Now, if you agree that theslope of the, the ridge line will be determined by the width of that house, that doesnt mean thatyou could not, like in this case, youve got it turned both ways, problem is this part can neverexceed the height of this part, because the narrowness of the house determines the overallridge. 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 intothat limited area because with our 15 building height, they can have their base flood elevationas the floor, with the freeboard, and then if they do their 8 ceiling, theyll have like knee wallsbefore they go up to the roof line; so they do have more height up there than just in the slopepart.

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-ableenvelope.

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 housethats the second from the end in Warrens, that overlooks the lower one, where does that fit in?


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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 upperlevel, 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 talkingabout.

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 dontknow what the right word is, and said it was storage, and we had some issues. Now once weupdated 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 mobilehome 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 stillwheels 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?


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MILLER: Isnt the definition in the code that says if youre going to go above you have to have apermanent 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, Ithink, 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 permanentfoundation almost in all case.

BUCKLEY: And I think thats what Palmer was saying, how do they do it? Thats how they doit, but the majority of that, as Blaine just said, happened prior to us allowing, it just didnt makeany sense. But youve got the trailer, youve got the manufactured, they come in on wheels andthen the wheels are taken off and theyre (inaudible), the modular does not come in on wheelsand 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 bycreating a knee wall on top of this, and then building your 7/12 pitch. Am I understanding youcorrectly?

SMITH: No, where that roof meets the sidewalls, thats the maximum 15 foot height. Theycant, 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 thenput the

MILLER: Well, you cant do it, youve got a 15 foot height.

SMITH: This is the maximum height.


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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 footknee 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 thatdesign, because thats how it was set up. They did not want to see whats happening acrossthe bridge, in Selbyville, or Fenwick West, between Cape Windsor and Swan Keys where


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youve got a mobile home and another million dollar house next to you thats 3.5 stories. Youknow, its the light, and the air, and the circulation in these smaller communities, youre justlosing 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 theBoardwalk, or over on 28thStreet, 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, theR-1 District is 35 feet, where in a Mobile Home District its 15 feet. If you go on the Boardwalkits 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 themhave 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 co-ops 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 purposelight, 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 youstart increasing the bulk of these buildings, youre going to diminish your quality of life, and yourprotection 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 knowhow, 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 toobecause theyre not, even not like up at Montego Bay where theyve got much wider streets andair circulation where they could, but they dont want to go up either.


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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 toside 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, andyou look as you drive through the park, as you look at these pictures, its a nice product, in anice livable community, theyre just, theyre looking at something as though its a threat, that ifyou start going this other way and theres no stopping because theres no regulation, now theymight 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 theheight 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, weneed 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, andthey may avoid it for a time, but it really, even Montego Bay and all the rest of them, its comingin time thatIll give you another good example, you mentioned the Boardwalk, take BayshoreDrive, 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 tomaintain the integrity of the community.

MILLER: What youre putting in here, whats the downside, what are we missing? What are wemissing, 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 was40 feet by 40 feet, it would be whatever

BUCKLEY: But then youd have two lots, two or three lots down there, and then it probablywouldnt be an issue because they would still, theyd be going up like this, but theyd still befurther away from the other homes, right?

MILLER: Well, is that going to spur people buying up two or three lots and putting a housethere?


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SMITH: They might, but I dont know that that would be overly consequential. They have onehouse thats on in big lot in Montego Bay, and its the Mathias property, I dont know ifanybodys familiar with Montego Bay, butits a wide lot, and their house is like 30-some feetwide 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 theroofline is higher, but its not, my house is 30 feet wide and Ive got a 5/12 pitch, and I canbarely 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 bythe 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 thetwo sections?

SMITH: I would say yes.

TAYLOR: It also seems like it would be, lessen fire hazard too, because you have more highbuildings and something caught fire in a wind youd have just more stuff blowing over otherhouses.

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 onBayshore Drive, ultimately a 3-story.


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GILLIS: That gives the weight to your example. Is there any trip-wire to require sprinklers inany of these?

SMITH: Well, currently if you make major change, and I think 51% major change, the FireMarshal 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 theirsprinklers.

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 limitthem 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 mainbuilding. 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


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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 goesto 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 addressesthat 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!


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TAYLOR: You cant havethe 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 thisthing 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 differentwidths.

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, doyou 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 thatsapplicable. 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 openingit up to the public. Is that right? Under the penalties of perjury, do you hereby swear to tell thewhole truth and nothing but the truth?

BUCKLEY: Sure, yes we do.

KURKA: I do.


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BUCKLEY: Now you need to sit and speak directly into that microphone. It has to be right up tolike 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 ParkBoard 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 gowith the width and not with the length. So, if you look at that particular drawing and the questionthat Blaine just raised or somebody raised, well, which one of those is the width? That one hasthree different widths. But its very clear that theyre still narrower than the length of the wholeunit. So our issue was to restrict it down to a width.

BUCKLEY: Right.


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KURKA: Whether its the first little tiny one, the second one, or the third one, they are stillnarrower 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, andsome 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, oursetbacks, and so we have a setback on one side of like 8 feet, well that takes a 20 foot down to12 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 thelength

KURKA: Right.

BUCKLEY: so that would be the main home that was put there originally, not this little add-onthing. 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 youvegot 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 a30 foot house.

BUCKLEY: You could actually do a 30 foot house.


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KURKA: Well, one of ours right, on one side its right up against, but our neighbor has to havehis 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 backin 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 allthe way around. It has to comply with all regulations.

GILLIS: So in this particular example on the screen there, what was the original structure putthere?

KURKA: It was about 2 and feet narrower than what is the front of that, and so what rightthere 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 itretained

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 makeit bigger, the expanded portion has to comply even the older footprint might not have beenwider.

MILLER: So you can have nonconformity on one side, and be conforming on the other and golot line to 10 feet.


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SMITH: Well, most of them because theyre offset, most of them are nonconforming on oneside

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 withstormwater management and landscape, on retrofits, and you still have to maintain the oneparking space normally. There are some lots in there that have no parking, right on 25thStreet,because theyre not accessible, but you can occupy the allowed footprint if you meet all yoursetbacks. 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 backhalf is 18 feet or 16 feet, then that might determine the overall ridge line, and then thestepdowns will be whatever they might. I dont think thats a threat, its doing the lengthwiseroofline 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. Toconstruction 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 dormerout 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, thatwould not be allowed anymore.

SMITH: It might not be allowed for this unit


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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 roofsideways 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 thento, 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 thatunit 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 weregoing 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 cantgo 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


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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 andhe 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 cancome up like that, but thats the maximum it can go, its got to turn and go this way. And I saidto Tony, thats great, as long as everybody on the Board agrees with that, but when you get fivepeople 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 afew of them up there with the reverse rooflines.

KURKA: So this could be accepted, that particular drawing, or that particular construction, aslong 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, wellhave 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.


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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 isntnecessarily 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 tothe original mobile home, the double-wide, the modular, the build-overs, and then we went tocustom building. And because you cant get a manufactured unit in the factory anymore that willthese 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 sprinklethem like everybody else. But I think when we agreed that they could do habitation in the upperlevel as long as they met all the livability, that you dont want to dwarf it, so I think if you, whenyou do your dormers and your rooflines, and you control the roofline by the width of the house, Ithink 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 overtime, and even the Board of Zoning Appeals frowned on it many many times, they hated givingwaivers and exceptions to encourage survival, thinking we ought not be doing this, but I thinkonce they became into life safety

BUCKLEY: Um hm.

SMITH: that were seeing nice, residential properties, and value-wise, its unbelievable, howtheyve 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; Idont have an issue with them having different rooflines as long as theyre all, you know, hereand 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 thecontrol point, so it will not go out of proportion.


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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 bedetermined 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 sayinstead of just the width, the narrow width of the main building, say that its going to go with thenarrow 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 nowmeasure 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 thatpoint.

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 linemeaning the same thing?

SMITH: No.


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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 apexor 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 mostyou can get is (again, off mic explaining diagram on screen, inaudible to transcribe) but if youhave 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 becontrolled.

BUCKLEY: Okay. Do we have anyone else in the audience who would like to give testimony inthis public hearing? Yes, sir, please step up to the table. Raise your hand and Mr. Esham willswear you in.

ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothingbut the truth?

KONJUSKY: I do.

ESHAM: And your name and address please.

KONJUSKY: My name is Alan Konjusky, Im at 119 Huntingwood Drive, LancasterPennsylvania. 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 buildingcode section 110-422 as it would have significant negative impact on my rights and others. Aswe would suffer economic harm, not be able to attain full enjoyment of our property, and bestifled to perform future improvements on it. Regarding this particular building code, I am notaware 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 puttingthe pitch 7/12 to the narrow side of the ridge line, you will eliminate any potential of habitation ona 20 foot wide trailer.

BUCKLEY: Well, at this point, you


49/74

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; andits 2 feet above, so basically youre going to come up 17 feet from the ground, and thats to theboard?

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 17feet, alright? And then you can go up your 7/12 roof pitch. However, most homes at this pointare not, do not have a ceiling height inside of 7, or 15, or 17 feet, okay? So if you go up to anice 9 foot ceiling, thats still going to give you another 6 feet in knee walls for the second floorto go up another 8 feet, so thats going to give you an almost 14 foot ceiling h eight 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 itwould 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. Soyou 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 buildersare 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 andits 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 withit, that they would turn it the opposite direction and get a much higher roof, I mean, a higher roofridge, a higher ridge line, which would, you know, have an issue with health and safety in that, inyour particular park because of the narrowness of the streets and the emergency vehicles


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51/74

GILLIS: When you live in a restricted home development, and you want something more thanwhat that restricted home development offers, then you sell that home and you move to adifferent place, and Im not trying to be disrespectful, because this was my home for, not thisone, but one just like that, for many years. That being said, I sold it and bought a house. Thatswhat people do.

MILLER: And I think a lot of the sizing youre talking about is based on the width of the lots. Imean some lots are not meant to have, because the setbacks arent going to be as tall as largeproperties, larger properties, thats what I was alluding to earlier, if you have two lots togetherand you go 30 foot are you okay going with a roof that height. Its not issue of height, its basedon 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, Imean, we, not that anyone ever makes a mistake, but weve got 45 fo ot wide lots up there andtheyre having to put their homes sideways because its not wide enough for when they wereputting those modular units in, you know, those Nanticokes when they were ever so popular, asopposed to stick-building one going the other way, so there are things that you have to do incertain 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 yourproperty value if the whole community maintains a certain integrity in and of itself; as opposed tothings 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 getthe full value out of a home that built, stick-built this, you know, this McMansion next to amanufactured home because of where they are. You know, thats not necessarily the highestand best use of that piece of property so, when, what this could help with is maintaining theintegrity 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 optionsof configuring the roof in any manner that you like, it adds character to the different individualhomes. I currently own the buildover that you referred to earlier, and we were able to build a 2bedroom, 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 dontknow that there even needs to be a remedy, but if a remedy needs to be pursued, Im not sosure 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.


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BUCKLEY: Thats controlling the height. You can put it the other direction, but it cant be anyhigher than what this height is. As you were saying, you want it to be a height issue, well thatsbasically what this is, because you can put it on, you can put your ridge line going lengthwise, atthis, I think it gives you 8 feet above your plate, but you can also switch it and go the length ofyour 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 gotsome going this way and some going the other, and by the time you put a dormer out, I wouldbelieve 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 14foot lot for instance, with a 5/12 roof and an 8 foot ceiling, I think you still could get some wallthere. 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, whenyoure having more bedrooms and stuff like that? I mean, somewhere along the line there getsto be a point where theres a tipping point, where it gets to be too much product on a lot. Thatswhere 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 ofOcean City has enjoyed the nonconformity allowed redevelopment, and I think allowed thesehomes to advance to this point, and they all, the majority of them had one parking space, sothats 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 whateverparking you had, so they dont intensify the demand on parking, because its never exceededthe 3 bedroom quote, theyve been grandfathered for one space up to a 3 bedroom house. Andthese co-op parks, none, I dont know of any of them that have ever, they mayve gotten some 3bedrooms, but I dont think Ive seen it. Most of them are two bedroom at the most. And I thinkthat this example is a good example (off-mic, inaudible) thats exact type picture as the one Imsaying here.


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BUCKLEY: Right.

SMITH: Because these lots are substandard and they have been allowed to advance and enjoyit, now even the habitation where you can make it meet all the life safe regulations, to take itwhere, 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 bui ldable lotarea, and limit that to 15 feet, so what were doing is just limiting by lot size and setbacks forhow 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 thispoint.

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 nonconformingand dont have to comply with what everybody else would have to comply with, arent theyenjoying 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 itsthe same with me. I cant build something on my property that doesnt fit. And if I decide I wantsomething, need something different, Im going to have to sell and get a bigger piece ofproperty.

GILLIS: Thats what happens.


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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, youhave 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 sametoken, I dont want the pendulum to swing the other way and have it so restrictive that now Imable 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 isyour

SMITH: Oh yeah, the little diagram.

BUCKLEY: thisis your diagram, and you get it on an 18 wide unit, which is almost yours plusa foot, youve got 56 up to the ridge, okay? So lets say you could only get 5 feet, but youvegot 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. Andyou 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 declarationsand restrictions in the neighborhood that you bought into that you were on notice of those ruleswhen 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 ourrestrictive rules will now come downtown and change your building code, when I dont seewhere 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.


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GILLIS: But the peoples who it does impact are asking for that, are bringing that up. Yourhousing 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 nothave as restrictive as community bylaws as yours; and they do request, in certain times that welook 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 thecommunity.

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, thecommunity associations, for them not to be here they may depend on what they do and theymay 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 rooflineon 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 alittle bit different, some of their lots are longer, but Warrens has got a lot of long lots too, but thisparticular house here, I would say is substantial, its a nice utilization of that property and youknow, it fits the community.

BUCKLEY: Well, what theyve done is theyve stair-stepped the roof so its not so obtrusive as ifit were just one single roof line going down that, that height of that dormer or that one in themiddle coming out, which makes it a little more easy to swallow.


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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 abovethe maximum building height under asloped roof, not exceeding a 7/12 roof pitch, may be used for habitation, subject to dormers notexceeding the ridge line, which shall be determined by the narrow width of the main building andnot 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 somebodymay 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 hasthe right language in it.

BUCKLEY: Were doing that, okay, the narrow width of the main building, which is the originalmobile 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 bedetermined by the narrow width (and not the length) of the main building, and in compliance withall 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.


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First Reading _______________________

Second Reading _____________________

ORDINANCE 2014-

AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OFTHE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR ANDCITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THECODE 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 7/12roof pitch may be used for habitation subject to dormers not exceeding the ridge line,whic h shal l be determin ed by the narrow wid th (and not th e length),of the mainbuilding and in compliance with all applicable life safety regulations.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held onOctober 20, 2014.

ADOPTED AND PASSED by the required vote of the elected membership of theCity 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


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5. NEW BUSINESS

E.Discussion of Springfest and Sunfest Beer Truck Rotation

presented by Internal Auditor and City Clerk


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ALTERNATIVES: Only open rotation to replace organizations that are removed such

as Eastern Surfing Association which dropped out in 2013. This willentail 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, 20132) PPM 900-5


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SPRINGFEST SUNFEST

1 2015 BelieveinTomorrowFoundation 1 2015 OptimistClubofOceanCity/Berlin

2 DowntownAssociation 2 Parks&RecreationAdvisoryBoard

3 OCAviationAssociation 3 MarylandSaltwaterSportFishermen'sAssociation

4 AmericanRedCross 4 KiwanisClub OceanCity/Berlin

5 2016 ShrineClub 5 2016 KnightsofColumbus

6 WorcesterCountyHumaneSociety 6 ArtLeagueofOceanCity

7 LionsClub

of

Ocean

City 7 OC

Chapter

of

AHEPA

8 OCParrottheadClub 8 LadiesPhiloptochosSocietyofStGeorge

9 2017 SurfriderFoundation 9 2017 St.Mary'sStaroftheSeaCatholicChurch

10 OceanCityDevelopmentCorporation 10 ElksLodgeLadiesAuxiliary

11 AmericanLegionAuxiliary#166 11 OptiMSOfOceanCity/Berlin

12 EasternSurfingAssociation 12 MarylandCoastalBaysProgram

13 2018 AncientOrderofHibernians 13 2018 KnightsofColumbus4thDegree

14 OCLionsCharities,Inc 14 VFWPost#8296

15 RavensRoost#44 15 AmericanRedCross

16 LadiesAuxiliaryofVFW 16 TempleBatYam

17 2019 OCSisterCities 17 2019 OceanCityLioness

18 ElksLodge#2645 18 AmericanCancerSociety

19 PowerSquadronofOceanCity 19 SonsofItalyLodge#2474

20 Rotary

Club

of

Ocean

City/Berlin 20 Worcester

County

Humane

Society21 2020 KnightsofColumbus4thDegree 21 2020 ShrineClubofOceanCity

22 VFWPost#8296 22 LionsClubofOceanCity

23 ParamedicFoundation 23 UnitedStatesLifesavingAssociation

24 DelmarvaIrishAmericanClub 24 LadiesAncientOrderHibernians

25 2021 AmericanLegion#166 25 2021 DowntownAssociation

26 OptimistClubofOceanCity/Berlin 26 OCAviationAssociation

27 Parks&RecreationAdvisoryBoard 27 AmericanLegionAuxiliary#166

28 MarylandSaltwaterSportFishermen'sAssociation 28 BelieveinTomorrowFoundation

29 2022 KiwanisClub OceanCity/Berlin 29 2022 AncientOrderofHibernians

30 KnightsofColumbus 30 SurfriderFoundation

31 ArtLeagueofOceanCity 31 OCLionsCharities,Inc

32 OCChapterofAHEPA 32 ElksLodge#2645

33 2023 LadiesPhiloptochosSocietyofStGeorge 33 2023 LadiesAuxiliaryofVFW

34 St.Mary'sStaroftheSeaCatholicChurch 34 OCSisterCities

35 ElksLodgeLadiesAuxiliary 35 OCParrottheadClub

36 OptiMsOfOceanCity/Berlin 36 RavensRoost#44

37 2024 MDCoastalBaysProgram 37 2024 OceanCityDevelopmentCorporation

38 TempleBatYam 38 RotaryClubofOceanCity/Berlin

39 LadiesAncientOrderHibernians 39 ParamedicFoundation

40 OceanCityLioness 40 PowerSquadronofOceanCity

41 2025 AmericanCancerSociety 41 2025 DelmarvaIrishAmericanClub

42 SonsofItalyLodge#2474 42 AmericanLegionPost#166

1 BelieveinTomorrowFoundation 1 OptimistClubofOceanCity/Berlin

2 DowntownAssociation 2 Parks&RecreationAdvisoryBoard


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TOWN OF OCEAN CITYOCEAN CITY, MARYLAND

POLICY AND PROCEDURE MANUAL

PPM 900-5 SECTION: Legislation

SUBJECT: Springfest and SunfestBeer Trucks

________________________________________________________________

The Mayor and City Council allow non-profit organizations located in the7th election district and based in Ocean City to operate four (4) concessions tosell beer at Springfest and four (4) concessions at Sunfest. The organizationswere determined by a lottery drawing conducted at the Mayor and City Council's

meeting on February 20, 1996. The position of the organizations wasdetermined 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 ofthe list at the time of approval as an eligible organization. Should an organizationbe removed from the list, all organizations will move forward in the rotation fromthe point of the removal. Any organization on the list and located outside the 7thElection District as of February 18, 2003 will be grandfathered as eligible in therotation. Submittals must be made between January 1st and February 1st ofeach 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 anddeletions 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 anyreason, organizations will move to the next available festival.

Annual submission of each organization's IRS Form 990 (Proof of Non-Profit Status)is required for the eight organizations scheduled for a beer truck inthat calendar year in order to remain on the festival list. Information is to besubmitted to the City Manager's Office by the close of day on or before February1st of each year. Any organization not providing the appropriate documentationwill 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


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Documents

November 25 2014 Complete Agenda