july 7 2014 complete agenda

MAYOR AND CITY COUNCIL

REGULAR SESSION Monday, July 7, 2014 – 6:00 P.M.

A closed session is scheduled from 5:30 PM ‐ 6:00 PM to discuss legal and contractual matters.

AGENDA

1. CALL TO ORDER

2. PRAYER AND PLEDGE

3. CLOSED SESSION REPORT – Monday, July 7, 2014, 5:30 p.m. – 6:00 p.m.

4. APPROVAL OF MINUTES A. Regular Session #10 dated June 16, 2014 B. Work Session dated June 24, 2014

5. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Standing Committee Draft Agendas

6. CONSENT AGENDA A. Private Event Approval Request for MOOD Bay‐to‐the‐Beach Charity Drive – September 6, 2014 B. Private Event Approval Request for Walk Out of Darkness – September 27, 2014 C. 3‐Year Private Event Approval Request for MD State Bar Association Sun Run – June 17, 2016 D. 3‐Year Private Event Approval Request for AGH Penguin Swim – January 1, 2017 E. Request to Approve Sole Source Purchase of GlideScope F. Request for Approval to Solicit Bids for Citywide Generator Maintenance Contract

7. MISCELLEANEOUS REPORTS AND PRESENTATIONS

8. PUBLIC HEARINGS

9. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF A. Request for Approval to Purchase Beach Play Structure presented by Recreation and Parks Director B. Consideration to Convey Ownership of Town Right‐of‐Way at 61st Street presented by City Engineer C. Request for Approval of Ocean City Brewery Conditional Use Amendment presented by Planning and

Community Development Director D. Strategic Plan Update presented by City Manager

10. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. First Reading – Ordinance ratifying a Memorandum of Understanding with the Worcester

County Commissioners (Eagle’s Landing Golf Course spray irrigation system and easement grant for same)

B. Resolution approving the application and receipt of financing for Community Legacy Projects (to continue OCDC Façade Program and for decorative street lighting for St. Louis Avenue project Phase III)

Mayor and City Council – Regular Session Agenda July 7, 2014

C. Resolution approving the application and receipt of funds for demolition costs (to demolish eight (8) buildings owned by the Town and OCDC on the Dorchester/Somerset Street block)

D. Resolution establishing FY15 wastewater laboratory test fees (for sewer connection, plumbing permit and laboratory tests)

11. COMMENTS FROM THE PUBLIC Any person who may wish to speak on any matter at the Regular Session may be heard during

Comments from the Public for a period of five (5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject

on which he or she wishes to speak.

12. COMMENTS FROM THE CITY MANAGER A. Review of tentative work session agenda for July 15, 2014

13. COMMENTS FROM THE MAYOR AND CITY COUNCIL

14. ADJOURN

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, JULY 7, 2014

3 – Report on Closed Session – Monday, July 7, 2014 5:30 p.m. – 6:00 p.m.

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

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 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

X

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

DATE AND TIME: Monday, July 7, 2014 5:30 p.m. PLACE: City Hall SUBJECT: Legal and Contractual Matters VOTE: UNANIMOUS OTHER: FOR:

AGAINST: ABSTAIN: ABSENT:

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to the open session of the Mayor and City Council being held on Monday, July

7, 2014, a closed session was held on Monday, July 7, 2014. 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 Contractual Matters

(b) Persons present:

Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare and

Joe Mitrecic City Solicitor Guy Ayres Public Works Director Hal Adkins Transportation Superintendent George Thornes Executive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

Time adjourned:


4 – APPROVAL OF MINUTES

A. Regular Session #10 dated June 16, 2014 B. Work Session dated June 24, 2014


5 – ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

A. Standing Committee Draft Agendas

Note: The Tourism Commission will not meet in July.

Town of Ocean City

Police Commission

Open Session Agenda

July 14, 2014 – 9:00 AM

PSB Building, 6501 Coastal Highway

1. Call to Order

2. Approval of Minutes of June 13, 2014 meeting

3. Chief’s Update on May Crime Statistics

4. CEW/Taser Update

5. Update on City Watch System

6. Discussion of Wight Street parking Issue

7. Update by OCPD of taxi franchise meeting with the City Solicitor

8. Discussion of fall Cruiser’s Event

9. Other Business

10. Adjourn

OCEAN CITY, MARYLAND RECREATION & PARKS COMMISSION

Tuesday, May 13, 2014 4:00 P.M.

Northside Park Community Room

DRAFT AGENDA

1. Call to Order and Attendance

2. Approval of Minutes of May 13, 2014

3. New Private Event Requests

4. Discussion of Bayside Park development

5. Update on Summer Programs and Events

6. Review Town of Ocean City Equipment and Labor guidelines

7. Other Business

8. Adjournment

Susan/Word/Rec & Parks Commission Meeting Agenda 7-15-2014


6. CONSENT AGENDA A. Private Event Approval Request for MOOD Bay-to-the-

Beach Charity Drive – September 6, 2014

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: MOOD Annual Bay-to-the-Beach Charity Drive DATE: July 1, 2014

ISSUE(S): Request approval of the MOOD Annual Bay-to-the-beach Charity Drive on Saturday, September 14, 2014 from 5-6pm.

SUMMARY: Beginning at 27th Street, approximately 75 Mazda Miata vehicles

will parade down the Boardwalk and exit at North Division Street. FISCAL IMPACT: Potential economic impact from lodging, food and beverage,

recreation and other incidental expenditures. RECOMMENDATION: Approve event as presented. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator COORDINATED WITH: All appropriate departmental staff has reviewed, and the event

has been coordinated with the OCPD. ATTACHMENT(S): 1) September 2014 Calendar

2) Application 3) Cover Sheet

Agenda Item # 6A

Council Meeting July 7, 2014

Sun Mon Tue Wed Thu Fri Sat

1

PE – Tall Ships

PE – OC Sandfest

2

PE – Tall Ships 3 4 5 6

PE – Miata Parade -

TENTATIVE

7 8 9 10 11

PE – 911/Parade of

Brothers

PE – BikeFest

12

PE – BikeFest 13

PE – BikeFest

14

PE – BikeFest 15 16 17 18

Sunfest

PE – Sunfest Kite

Fest

19

Sunfest

PE – Sunfest Kite

Fest

20

Sunfest

PE – Sunfest Kite

Fest

21

Sunfest

PE – Sunfest Kite

Fest

PE – OC Cruzers

22 23 24 25 26

PE - Winefest on the

Beach

27


Beach

PE – Pigs on the

Beach

PE – Walk Out Of

Darkness -

TENTATIVE 28 29 30

2014

September

Ocean City Special Events – Private Events Name of Event: MOOD Bay to Beach Charity Drive New Event: No

Date of Event: Saturday, September 14, 2014

Date Application Received: March 25, 2014 Application Fee Paid: Yes/$25.00

Date Returned from All Departments: May 6, 2014 Total Cost to Town: No foreseeable costs

Things to Note:

This event would be a parade of Mazda Miatas on the Boardwalk.

The event participants would assemble at 27th

Street and proceed along the Boardwalk, exiting at the North

Division Street.

The event would line-up beginning at 4:30 pm.

The event would take place from 5-6 pm.

The event expects to have no more than 75 cars participate.

The applicant requests police assistance entering and departing the Boardwalk as well as a police escort

along the Boardwalk.

Comments from Department Representatives:

OCPD – Assign on-duty officers to 27th

Street and Baltimore Avenue and possibly North Division Street to

facilitate the event. Minimal cost to the department. Should be able to be accomplished with on-duty

personnel. On-duty officer costs approximately $200.00.

RISK MANAGEMENT – Event participants must have current insurance on their vehicles.

PUBLIC WORKS, OCBP, FIRE MARSHAL, EMERGENCY SERVICES, OCCC, TOURISM,

TRANSPORTATION, and REC & PARKS – No comments, concerns or costs.

Date on Council Agenda: July 7, 2014

Event Approved or Denied:

Other:


6. CONSENT AGENDA

B. Private Event Approval Request for Walk Out of Darkness – September 27, 2014

TOWN OF

The White Marlin Capital of the

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Out of the Darkness Community Walk DATE: July 1, 2014

ISSUE(S): Request approval to hold the Out of the Darkness Community Walk on Saturday, September 27, 2014 from 9:30 am until 1:00 pm.

SUMMARY: The walk, which is held in partnership with the County Health

Department and the American Foundation for Suicide Prevention, raises awareness about suicide prevention. The walk itself takes place on the Boardwalk from Caroline Street to 10th Street, then back. There is also 8-10 healthcare exhibitors at 4 Caroline Street.

FISCAL IMPACT: Potential positive economic impact from lodging, food and

beverage, recreation and other incidental expenditures related to this event.

RECOMMENDATION: Approve event. ALTERNATIVES: No staff alternatives suggested RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed and the event has been coordinated appropriately.

ATTACHMENT(S): 1) September 2014 Calendar

2) Cover Sheet 3) Private Event Application 4) Private Event Layout

Agenda Item # 6B



1

PE – Tall Ships

PE – OC Sandfest

2

PE – Tall Ships 3 4 5 6

PE – Miata Parade -

TENTATIVE

7 8 9 10 11

PE – 911/Parade of

Brothers

PE – BikeFest

12

PE – BikeFest 13

PE – BikeFest

14

PE – BikeFest 15 16 17 18

Sunfest

PE – Sunfest Kite

Fest

19

Sunfest

PE – Sunfest Kite

Fest

20

Sunfest

PE – Sunfest Kite

Fest

21

Sunfest

PE – Sunfest Kite

Fest

PE – OC Cruzers

22 23 24 25 26


Beach

27


Beach

PE – Pigs on the

Beach

PE – Walk Out Of

Darkness -

TENTATIVE 28 29 30

2014

September

Ocean City Private Events

Name of Event: Out of the Darkness Community Walk New Event: No

Date of Event: Saturday, September 27, 2014

Date Application Received: March 17, 2014 Application Fee Paid: Yes

Date Returned from All Departments: May 6, 2014 Total Cost to Town: No foreseeable costs

Things to Note:

This event would consist of a walk in partnership among the applicant group, the County Health Department and the

American Foundation for Suicide Prevention. It would be a solemn walk of suicide prevention activists.

Set-up would be on Saturday, September 28, 2013 from 7:30 am until 9 am.

Event would take place from 9 am until 12-noon.

Breakdown would take place from 12-noon until 1 pm.

Participants would check in at 4 Caroline Street. They would then walk to 10th

Street on the Boardwalk, then return.

There would be exhibits on the Health Department Lot.

Event organizer would like to distribute free mental health and suicide prevention information.

Event organizer would like to give away door prizes. There would be no raffles or auctions.

Expected number of participants is between 200-250.

Sponsor of this event would be the Jesse Klump Memorial Fund, Inc., Worcester County Health Dept., Atlantic

General Hospital and American Foundation for Suicide Prevention.


RISK MANAGEMENT – Insurance certificate must be submitted prior to the event.

OCPD – Notify the affected shifts of the event.

OCBP, OCCC, EMERGENCY SERVICES, TOURISM, FIRE MARSHAL, TRANSPORTATION, PUBLIC

WORKS, REC & PARKS – No Concerns or comments.


Event Approved of Denied:

Other:


6. CONSENT AGENDA C. 3-Year Private Event Approval Request for Maryland

State Bar Association Sun Run – June 17, 2016

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Maryland State Bar Association Sun Run DATE: July 1, 2014

ISSUE(S): Request continuation of the 3-year event approval to include Friday, June 17, 2016

SUMMARY: This is a 5K and 10K running race to promote the Young

Lawyers’ section of the Maryland State Bar Association. It takes place completely within the Montego Bay community, 130th Street and the Bay, from 7:00am until 9:00 am.


beverage, recreation and other incidental expenditures. RECOMMENDATION: Approve as presented. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator COORDINATED WITH: All appropriate departmental staff has reviewed, and the event

has been coordinated with OCPD. ATTACHMENT(S): 1) June 2016 calendar

2) Cover Sheet 3) Montego Bay Map

Agenda Item # 6C



1 2 3 4

5 6 7 8 9 10

PE – Longboard

Challenge

11

PE – Longboard

Challenge

12

PE – Longboard

Challenge

13 14 15 16 17

PE – Lawyer Sun Run

- TENTATIVE

18

19 20 21

PE – Firemen Pipe &

Drums

22

PE – Firemen’s

Parade

23 24 25

26 27 28 29 30

2016

June

Ocean City Private Events 3-Year Approval

Name of Event: Maryland State Bar Association Sun Run

Date of Event: Requesting event approval for June 17, 2016

Cost to the Town of Ocean City to support this event: Minimal

Things to Note:

The Maryland State Bar Association, Inc. was granted a 3-year event approval for the Sun Run event, and would like

to continue this provision, requesting Council approve this event for the date of June 17, 2016.

This event is both a 5K and 10K running race within the Montego Bay neighborhood.

All appropriate documents have been supplied and fees have been invoiced.


OCPD – Will notify the shift and request they assign appropriate police personnel to staff the event. Officers will

work regular duty hours, no overtime. Costs will be minimal; seasonal employees will monitor this event for one (1)

to two (2) hours at the most.

RISK MANAGEMENT –Insurance Certificate to be submitted prior to the event.

BEACH PATROL, PUBLIC WORKS, FIRE MARSHAL, OCCC, TOURISM, EMERGENCY SERVICES,

TRANSPORTATION and REC & PARKS – No comments or concerns.


Council Ruling: ________________________________________________

Other: ________________________________________________________


6. CONSENT AGENDA

D. 3-Year Private Event Approval Request for AGH Penguin Swim – January 1, 2017

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Atlantic General Hospital Penguin Swim DATE: June 1, 2014

ISSUE(S): Request continuation of the 3-year event approval to include January 1, 2017.

SUMMARY: Annual fundraising event where hundreds of participants jump

into the Atlantic Ocean in front of the Princess Royale at 91st Street in support of Atlantic General Hospital. Just as last year, there will be a miniature trick pony, and, new for this year, there will be an ice sculpture.


beverage, recreation and other incidental expenditures. RECOMMENDATION: Approve as presented. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator COORDINATED WITH: All appropriate departmental staff has reviewed, and the event

has been coordinated with Public Works and Beach Patrol. ATTACHMENT(S): 1) August 2017 Calendar

2) Cover Sheet

Agenda Item # 6D



1

PE – Penguin Swim -

TENTATIVE

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

2017

January

Ocean City Private Events 3-Year Approval

Name of Event: Penguin Swim

Date of Event: Requesting event approval for January 1, 2017

Cost to the Town of Ocean City to support this event: $1,036.00

Things to Note:

Laura Stearns, for the Atlantic General Hospital Foundation, would like to continue the 3-year event approval, and

requests Council approve the Penguin Swim for January 1, 2017.

All appropriate documents have been supplied and fees paid.


OCPD – Will assign officers from shift to 94th

Street to assist with traffic control and to oversee the event.

Public Works – Will install banners, sanitize beach in the event area, place trash cans on the beach at event site, and

install alcohol restriction signs. All equipment will be removed and returned to storage after the event. Estimated cost

to the department is $1,036.00.

Risk – Insurance Certificate to be submitted prior to the event.

OCBP – Many participants have been drinking prior to the event. Concern that the cold water and/or the intoxication

may lead to a distressed swimmer. We just need to be aware. This is a good event and the Beach Patrol will be at the

event to both monitor and participate, as we have since 2001. The past few years the OCFD Dive Team has also been

at the event. Captain will sponsor a Beach Patrol team again this year.

Fire Marshal – Will provide an on-duty medic unit, if available.

Rec. & Parks, Transportation, Emergency Services, OCCC, Tourism – No comments


Council Ruling: ________________________________________________

Other: ________________________________________________________


6. CONSENT AGENDA

E. Request to Approve Sole Source Purchase of GlideScope

25166

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Chris Shaffer, Assistant Fire Chief RE: Sole Source Purchase of GlideScope DATE: June 20, 2014

ISSUE(S): Purchase a GlideScope AVL Cobalt System for difficult intubations SUMMARY: The Ocean City Fire Department requests approval to sole source

purchase a GlideScope AVL Cobalt System for video laryngoscopy. This piece of equipment is used for difficult intubation and crashed airway insertion.

FISCAL IMPACT: None. The total cost of $14,132.76 will be reimbursed by the

Ocean City Paramedic Foundation. RECOMMENDATION: Approve sole purchase purchase. ALTERNATIVES: Do not purchase. RESPONSIBLE STAFF:

Chris Larmore, Fire Chief Chris Shaffer, Assistant Fire Chief

COORDINATED WITH: David Recor, ICMA-CM, City Manager ATTACHMENT(S): 1) Glide Scope AVL proposal

2) Sole Source letter from Verathon Medical

Agenda Item # 6E


GlideScope AVL Proposal

To: Town of Ocean City-Fire Dept Quote #: Quote 1

Chris Shaffer Expiration Date: 6/30/2014

Payment Terms: NET 30 Days

Please Fax Purchase Order to: 866-844-1091 Shipping Method: FedEx Ground

Attention to: Ryan Ferrell

Please Call: 443-977-7739 with any Questions

Email: [email protected]

Qty Item # Unit Price Line Total

1 0270-0656 13,411.00$ 13,411.00$

1 0270-0681 336.00$ 336.00$

1 0270-0626 142.88$ 142.88$

1 0270-0628 142.88$ 142.88$

Subtotal 14,032.76$

Shipping & Handling 100.00$

Total 14,132.76$

GlideScope® AVL Cobalt System - Mobile Stand Setup

Portable Monitor, Cobalt 3-4 Video Baton - Includes Standard First

Year Warranty, Operation & Service Manual & In-Service Training

Description

CORPORATE HEADQUARTERSVERATHON MEDICAL

Stylet Guide (Pre-Shaped), Qty. 10 per pack

www.verathon.com

GVL® 3 Stat, Box, Qty. 10, Cobalt / Ranger

GVL® 4 Stat, Box, Qty. 10, Cobalt / Ranger

DChavis

Typewritten Text


6. CONSENT AGENDA

F. Request for Approval to Solicit Bids for Citywide Generator Maintenance Contract

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kevin Koval – Facilities Manager RE: Acceptance of Sealed Bids for Maintenance of Standby Generator Systems DATE: June 25, 2014 ISSUE(S): Sealed Bids for maintenance of standby generator systems SUMMARY: Request permission from the Mayor & City Council to receive and

open bids during the July 29, 2014, work session. The proposed maintenance contract is required to ensure the Town’s standby generators provide emergency power to critical systems during unanticipated power outages. Previous citywide generator maintenance contracts were based on a one-year term. The new contract is based on a three-year term. The longer term may improve service quality, reduce unit maintenance costs and provide accurate budgetary numbers for FY16 and FY17 planning. The FY14 generator contract was awarded to Kelly Generator in the amount of $27,790 for one year and was based on the maintenance of twenty-eight generators. The new generator contract is based on the maintenance of thirty six generators with the Town reserving the right to remove any unit from the contract inventory.

FISCAL IMPACT: Standby generator maintenance costs are paid annually and

accounted for in applicable departmental budgets. RECOMMENDATION: Approve request to solicit bids. ALTERNATIVES: None RESPONSIBLE STAFF:

Kevin Koval, Facilities Manager

COORDINATED WITH: Hal Adkins, Director of Public Works ATTACHMENT(S): Exhibit A Standby Generator Inventory

Agenda Item # 6F


EXHIBIT "A" STANDBY GENERATOR INVENTORY - TOWN OF OCEAN CITY 19-JUN-2014

Department Reference # Equipment # Location Mfg/Model/ Serial Number Amps/KW/Volts Fuel TypeAirport

1181 2600Airport

12724 Airport Rd

2007 Cummins 150DGFA-5781659

SN L060999663

600A 150KW 120/240V 1-PHASE

Diesel

1168 2634Airport Localizer 12724 Airport Rd

2007 Generac OE9469 SN 8076248

82A 10KW 12O/240V 1-PHASE

Propane

Convention Center

1039 1642Convention Center

4001 Coastal Highway

1996 Caterpillar 3412

SN 2WJ01021

750KW 277/480V 3-PHASE

Diesel

Fire Department

1099D 517Fire Station #1

1409 Philadelphia Ave

1990 Cummins 6BTS-962 SN 21620

308A 100KW 120/240V 1-PHASE

Diesel

1155 1550Fire Station #2

102 Dorchester Street

1985 Onan 15-OJC-3R/12126AB

SN C830651448

62.5A 15KW 120/240V 1-PHASE

Propane

1099F 519Fire Station #3

7401 Coastal Hwy

1999 Onan 15-OJC-3R/12126AB

SN J830679721

62.5A 15KW 120/240V 1-PHASE

Propane

3024 915Fire Station #3 (Alt. Genset)

7401 Coastal Highway

2007 Katolight NL50FGG4

SN 148905-0707

50KW 120/240V 1-PHASE

Propane

TBD-A TBD-AFire Station #4

12925 Coastal Hwy

2014 Kohler 150REOZJF

SN TBD

534A 154 KW 120/208V 3-PHASE

Diesel

Emergency Mgmt.

1027 2071Radio Tower- 65th St.

203A 66th Street

2002 Cummins DGCB - 5005835 SN L010311602

250A 60 KW 120/240V 1-PHASE

Diesel

1000 2795Radio Tower- Ocean Pines Race Track Rd. & Rt. 90

1996 Aggreko 5358

SN 3164-24

150A 100KW 460/480V 3-PHASE

Diesel

957 2495Radio/Network Bldg-

(Worcester St.) 601A S. Philadelphia Ave

2005 Cummins 35DGBB

SN I050826712

145.8A 35KW 120/240V 1-PHASE

Diesel

956 2494Radio/ Network Bldg-

(Gorman Ave.)

202A 136th Street

2005 Cummins 35DGBB

SN I050826711

145.8A 35KW 120/240V 1-PHASE

Diesel

TBD-B TBD-BOC-1 Genset 1

Mobile Command Vehicle

2005 Cummins Onan 12HDKCD-2209B SN I050834340

50A 12KW 120/240V 1-PHASE

Diesel

TBD-C TBD-COC-1 Genset 2

Mobile Command Vehicle

2005 Cummins Onan 12HDKCD-2209B SN I050836478

50A 12KW 120/240V 1-PHASE

Diesel

Parks & Recreation

147 2276Northside Park

200 125th Street

1981 Marathon 502FDR8048GGP282W

SN LG95920

1076/538A 310KW 208/416V 3-PHASE

Diesel

Police Services

1087 1428Public Safety Building

6501 Coastal Hwy

1993 Kohler 572RSL40278P-175

SN Z83990422

1200A 560KW 277/480V 3-PHASE

Diesel

Public Works

1157 2395City Hall

301 Baltimore Avenue

2006 Cummins 35DGBB

SN B050746587

125A 35KW 120/240V 1-PHASE

Diesel

1086 2738PW Admin & Shops

204 65th Street, Bldg E

2008 Caterpillar D100-6S

CAT88C44L-D4B00932

400A 100KW 120/240V 1 PHASE

Diesel

Service Center

1098 510Service Ctr. & Fuel Depot 204 65th Street, Bldg A

1994 Onan OTZV800C5746 SN I880159849

800A 175KW 120/208V 3-PHASE

Diesel

I-1

EXHIBIT "A" STANDBY GENERATOR INVENTORY - TOWN OF OCEAN CITY 19-JUN-2014

Department Reference # Equipment # Location Mfg/Model/ Serial Number Amps/KW/Volts Fuel TypeWater

1143 1731Pump Station- 100th St.

105 100th Street

1999 Magnetek 125RL

SN BT03J336

438/376/188A 125KW 208/240/480V

3-PHASEPropane

1097 1488Water Plant- 15th Street

1400 St. Louis Ave.

1994 Cummins 1500DFMB

SN D940540212

2255A 1500KW 277/480V 3-PHASE

Diesel

1036 2072Water Plant- 44th Street

103 44th Street

2001 Generac 1640390200 SN 2063885

195A 130KW 277/480V 3-PHASE

Diesel

1099H 521Water Plant- Gorman Ave

201 137th Street

1990 Caterpillar 3412TA

SN 8128253

1250A 600KW 277/480V 3-PHASE

Diesel

1099E 511Well Field- South

101 Worcester Street

1990 Cummins MCD300-3

SN 042385208

451A 300KW 277/480V 3-PHASE

Diesel

TBD-D TBD-DWell House- 38th Street 3801 Coastal Highway

2014 Kohler 100REOZJF

SN-TBD

150A 100KW 277/480V 3-PHASE

Diesel

410 3181Well House- 51st Street 5102 Coastal Highway

2014 Kohler 100REOZJF SGM3299HM

150A 100KW 277/480V 3-PHASE

Diesel

Wastewater

1100 2396Pump Station #1 100 St. Louis Ave

(2nd Street)

2001 Cummins DGFC4488627 SN I000155180

300.7A 200 KW 277/480V 3-PHASE

Diesel

1112 2982Pump Station #4

607 32nd Street

2011 Cummins DSKAB7771835 SN H110238811

65A 25KW 208V 3-PHASE

Diesel

1051 2828Pump Station #5 503 Arctic Ave

2009 Onan DSFAA - 7786787 SN-DO90240788

200A 35kW 120/240V 3- PHASE

Diesel


199 Old Landing Rd

2013 Kohler 30REOZJC

SN-SGM324PGH

35kW 120/240V 3- PHASE 4 Wire

Diesel


101 Jamestown Road

2008 Cummins 80DSFAE

SN C080164458

80 KW 120/240 V 3-PHASE

Diesel


13004 Sinepuxent Ave (Montego Bay)

2006 Detroit Diesel 300DSEB

SN 2085750

451A 300KW 277/480V 3-PHASE

Diesel

TBD-E TBD-EPump Station #9

14106 Dukes Avenue

2014 Kohler 60REOZJD

SGM329HRN

180A 60kW 120/240V 3-PHASE

Diesel


5 Sunset Island Drive

2003 Kohler 40REOZIB 0755206

139A 40KW 120/208V 3-PHASE

Diesel

1088 2434Sec.1 (South)

Wastewater Treatment Plant6405 Seabay Drive

2004 Cummins DFLE5673064

SN G040665300

2255A 1500KW 277/480V 3-PHASE

Diesel

1092 2435Sec.2 (North)

Wastewater Treatment Plant6405 Seabay Drive

2004 Cummins DFLE5673064

SN G040665299

2255A 1500KW 277/480V 3-PHASE

Diesel

I-2


9– ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF

A. Request for Approval to Purchase Beach Play Structure

presented by Recreation and Parks Director

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Susan Petito, Director of Recreation and Parks RE: Request for approval to purchase beach play structure DATE: July 1, 2014

ISSUE(S): Purchase beach play structure SUMMARY: As part of the Town’s Strategic Plan, the evaluation and

recommendation of play equipment for the beach was identified as a High Management priority. Factors to be considered in the evaluation included Playground Safety compliancy, practicality of installation and removal from the beach, expected use, misuse practices, liability exposure and more. An opportunity to purchase a dinosaur play structure that meets all of the requirements mandated by Public Works, Risk Management, Engineering and Parks has presented itself. The individual structures are made of PolyFiberCrete and weigh from 1,325 lbs. to 2,750 lbs. The play structures are available to the Town for purchase at half the list price and can be delivered this summer. Placement of the structure seems most ideal at 3rd street on the beach near the wooden walkway. Placement coordination efforts will be continued with appropriate departments if purchase is approved. The boardwalk property owners, who previously financed the wooden beach toys, have been contacted about contributing funding to support this structure’s purchase, with the understanding that there is only one structure and that it will be placed in only one location. Some positive feedback and interest has been received; however, no identifiable contribution has been offered at the time of this writing.

FISCAL IMPACT: $16,480 for three (3) dinosaur climbing sections (head, ribs, tail) and

three (3) climbing eggs with free delivery; some maintenance expenses are expected.

RECOMMENDATION: Authorize purchase, delivery and placement. ALTERNATIVES: Decline opportunity and continue to evaluate other play structures. RESPONSIBLE STAFF: Susan Petito, Recreation and Parks Director

Calvin Ginnavan, Parks Superintendent

Agenda Item # 9A


COORDINATED WITH: Hal Adkins, Public Works Director John VanFossen, Public Works Deputy Director Terry McGean, City Engineer Eric Lagstrom, Risk Manager

ATTACHMENT(S): 1) Playground Specialists Proposal

2) Photos

ProposalProposal No.

11071ADate

07/01/2014Exp. Date

Address

TOWN OF OCEAN CITYSUSAN PETITOCITY HALL3RD & BALTIMORE AVENUEOCEAN CITY, MD 21843

Ship To

BOARDWALK AREA

SALES REP

JEFF BARBERService Activity Quantity Rate Amount

BOULDERS • COMPLETE SET OF T-REX DINO BONES AND 3 EGGS. ALL SEALED 1 32,960.00 -9,999,999,932,960.00TCONCRETE CONSTRUCTION. -9,999,999,999,999.00

FREIGHT • FREIGHT CHARGES FOR ALL 6 BOULDER PIECES 1 2,500.00 -9,999,999,992,500.00DISCOUNT • DISCOUNT FOR ALL BOULDERS THAT ARE IN STOCK ON MY FARM. -1 16,480.00 99,999,999,-16,480.00T

PICTURES PROVIDED TO SUSAN PRIOR TO QUOTE. THESE HAVE -9,999,999,999,999.00BEEN STORED OUTSIDE BUT NEVER INSTALLED IN A PARK. -9,999,999,999,999.00

DISCOUNT • DISCOUNT ON FREIGHT CHARGES. I WILL BRING THEM DOWN -1 2,500.00 99,999,999,9-2,500.00TWITH ME WHEN I COME TO BEACH HOUSE FREE OF CHARGE TO -9,999,999,999,999.00OCEAN CITY. TOWN RESPONSIBLE FOR UNLOADING AND PLACING. -9,999,999,999,999.00

PAYMENT UPON DELIVERY SubTotal $16,480.00

Tax (0%) $0.00

Total $16,480.00

Accepted By Accepted Date

Fax # 301-271-9239 Jeff Barber President/CPSI


9 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF

B. Consideration to Convey Ownership of Town Right-of-

Way at 61st Street presented by City Engineer

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE, City Engineer RE: Request to close and sell City Right of Way DATE: July 2, 2014 ISSUE(S): Request to close and convey a portion of Seabay Dr. north of 61st

St. and request to convey a portion of land along the west side of the Tennis Center property.

SUMMARY: The developer of the old OC Health and Racquet property is

interested in acquiring a portion of the Seabay Drive Right-of-Way between 61st Street and the State Highway Rt 90 Right-of-Way along with an adjacent 20’ strip of land at the tennis center.

FISCAL IMPACT: To be determined. RECOMMENDATION: Staff has no objection to the closure and sale with the following

comments: 1) Developer provides an access easement to the city over the 8’ landscape buffer for occasional maintenance of the tennis courts and a potential future well site. 2) Improvements to 61st Street as shown and potential shared use of the parking spaces with the tennis center be part of the future sale negotiations. 2) The next steps will be to have the property appraised at the developer’s expense and conduct a public hearing.

ALTERNATIVES: Do not pursue the closure/sale RESPONSIBLE STAFF:

Terence McGean, City Engineer

COORDINATED WITH: Hal Adkins, Public Works Director Susan Petito, Recreation and Parks Director

ATTACHMENT(S): 1) Request for Closure/Conveyance

2) City Policy for transferring property

Agenda Item # 9B


DChavis

Polygon

TOWN OF OCEAN CITY OCEAN CITY, MARYLAND

POLICY AND PROCEDURE MANUAL

SECTION: Property Management

PPM 700-1 SUBJECT: Sale of Real Property _______________________________________________________________ In accordance with the Ocean City Charter C-414 Powers of Council Enumerated, “The Council shall have, in addition, the power to pass ordinances not contrary to the laws and Constitution of this State, for the following purposes:” . . . “(49) Property – To acquire by conveyances, purchase or gift, real or leasable property for any public purposes; to erect buildings and structures thereon for the benefit of the town and its inhabitants; and to convey any real or leasehold property when no longer needed for public use, after having given at least twenty (20) days public notice of the proposed conveyance; to control, protect and maintain public buildings, grounds and property of the town.” Based upon this charge, the following policy is hereby adopted with regard to disposal of municipal property.

1. When the Council decides that property no longer serves a public purpose it shall cause a public hearing to be scheduled with a 20-day notification period. If an individual, or other legal entity, wishes to purchase public property that is believed to no longer serve a public purpose, they may appear before the Council for a determination on whether to proceed to a public hearing on the specific property. If the request is initiated from an individual or other legal entity, that individual or entity shall pay the cost of advertising for the public hearing notice.

2. Once the public hearing is completed, the Mayor and Council will cause an

appraisal to be done of the property. The cost of the appraisal will be borne by the Town if the proposed sale was initiated by the Town or by the proposed buyer if initiated by them.

3. Upon receipt of the appraisal, the Mayor and Council will review the appraisal

and either negotiate the price, terms and conditions with the proposed buyer or put the property out for public bid or public auction.

Date: 9/24/02 Page 1 of 2

4. If the property is put out for bid or auction, a notice shall be placed in the paper of

record notifying interested parties of the property offer. Bids shall be submitted in a sealed bid format to the City Manager’s office by noon of the day due.

5. The Mayor and City Council shall open bids at their work session. The Town

reserves the right to reject any and all bids.

6. If a determination is made to accept the high bid, the Council shall direct the City Solicitor to draft the appropriate ordinance allowing the conveyance of the property.

7. Settlement shall occur no later than 90 days after the passage of the ordinance. Date: 9/24/2002 Page 2 of 2



C. Request for Approval of Ocean City Brewery

Conditional Use Amendment presented by Planning and Community Development Director

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kay Stroud, Zoning Analyst RE: Proposed Amendments to Existing Conditional Use Agreement – Ocean City

Brewing Company, 5509 Coastal Highway DATE: June 27, 2014 ISSUE(S): Request to Amend Conditional Use Agreement Conditions #5

to erect a grain silo on the exterior of the building; and #8 to allow canning/bottling of beer on the interior of the brewery operation.

SUMMARY: Hugh Cropper, IV, Attorney for the Ocean City Brewing Company,

requested that the Mayor and City Council review the application to amend the conditions of an existing Conditional Use Agreement.

The Planning and Zoning Commission, after the public hearing on June 3, 2014, favorably recommended forwarding this request to the Mayor and City Council.

The Commission recommends these amended conditions to create a safer environment for the brewing operation, lessening truck traffic for grain deliveries, the amount of dust, potential spillover, and other nuisance factors to the neighborhood; and to brand the product by using a small, portable canning/bottling operation located entirely within the interior of the brewery operation. The Commission further recommends approving these two amendments for one (1) year subject to Commission follow-up.

FISCAL IMPACT: None RECOMMENDATION: To approve proposed amendments. ALTERNATIVES: Further amendments or denial of request. RESPONSIBLE STAFF:

R. Blaine Smith, Assistant Director, Planning & Zoning Kay Stroud, Zoning Analyst

COORDINATED WITH: Matthew Margotta, AICP, Planning & Community Development Director

ATTACHMENT(S): 1) Letter of recommendation

2) Transcript 3) Scanned Exhibits for Public Hearing

Agenda Item # 9C


Reply to: Planning and Zoning Commission P.O. Box 158 Ocean City, MD 21843 410-289-8855 CERTIFIED MAIL RETURN RECEIPT REQUESTED June 27, 2014 Hugh Cropper IV, Attorney for Ocean City Brewing Company P O Box 535 Ocean City MD 21843 Dear Mr. Cropper: Re: Pursuant to the provisions of Article II, Section 5, Conditional Uses, a request has been filed under the provisions of Section 110-514, Uses permitted by Conditional Use in the LC-1, Local Commercial District, to amend and/or alter an existing Conditional Use permit (#13-16100001) to allow 1) bottling and canning to be added to the interior of the brewery section of the premises, and 2) to erect a silo on the exterior of the premises, approximately 10 feet in diameter and 31 feet in height. The site of the request is described as an unnumbered lot of the Isle of Wight Plat, further described as located on the west side of Coastal Highway and on the south side of 56th Street, and known locally as 5509 Coastal Highway, in the Town of Ocean City, Maryland. (FILE 14-16100001) On Tuesday, June 3, 2014, the Planning and Zoning Commission of Ocean City, Maryland conducted a public hearing to consider the above referenced request to amend an existing Conditional Use permit. The Commission considered all testimony and exhibits and voted (5-1) to send the Mayor and City Council a favorable recommendation to amend/modify these specific conditions of the Conditional Use agreement as follows:

1) Condition #5 – Grain Storage must be inside the building. The Planning Commission recommends the silo for bulk grain storage to be located outside the building on the southern side as indicated on the site plan. The silo would be contained with concealed augers and would reduce truck traffic for grain deliveries, the amount of dust, potential spillover, and other nuisance factors to the neighborhood.

Hugh Cropper IV, Attorney for Ocean City Brewing Company P O Box 535 Ocean City MD 21843 Page Two

2) Condition #8 – No canning of beer or wine; only kegged beer. The incidental bottling/canning operation of beer produced on-premise would brand the product. The Planning Commission acknowledged that the canning/bottling operation would be portable, small in scale, and located on the interior of the brewery operation.

3) The Planning Commission recommends a one (1) year approval of these amended conditions subject to Planning Commission follow-up.

By copy of this letter, the Mayor and City Council will be notified of the Commission’s recommendation. You are now scheduled to appear before a regular session of the Mayor and City Council at 6 PM on Monday, July 7, 2014, in the Council Chambers of City Hall located at 3rd Street and Baltimore Avenue in the Town of Ocean City, Maryland. Please be advised that the Council will make their decision at that time. If we may be of any assistance to you in the meantime, please contact the office of Planning and Community Development at 410-289-8855.

Sincerely, Planning and Zoning Commission

John Staley Vice-Chairperson cc: Mayor and City Council David Recor, City Manager Guy R. Ayres, III, City Solicitor All Planning Commission Members William E. Esham, III, Attorney for Commission Matt Margotta, Director of Planning & Community Development Applicant Joshua Shores, 1400 Chicago Avenue, Unit 1, Ocean City MD 21842 John Seipp, Attorney for the Maresol Condominium James W. Deitrick, 105-56th Street, # 402, Ocean City MD 21842 & 11943 Hampstead Green, Ellicott City MD Lane Robert Hubbard, 105-56th Street, #306, Ocean City MD 21842 & 10 Havenfield Drive, Baltimore MD 21234 Chris Demopoulos, 105-56th Street, #408, Ocean City MD 21842 & 6801 Capri Place, Bethesda MD Richard Holland, 8625 Circle Road, Berlin MD 21811

Hugh Cropper IV, Attorney for Ocean City Brewing Company P O Box 535 Ocean City MD 21843 Page Three Joy Davis, 5405 Coastal Highway, #501, Ocean City, MD 21842 & 1235 Lakewood Drive, Wilmington DE 19803 Joanne Karambellas, 5405 Coastal Highway, #505 & 18520 Clovercrest Circle, Olney MD 20832 Malcolm Van Kirk, Managing Partner Best Western of Ocean City, 5501 Coastal Highway, Ocean City MD 21842 Stephen O’Toole, 5405 Coastal Highway, #309, Ocean City MD 21842 & 1639 Sadler’s Wells Drive, Herndon VA File #14-16100001 Correspondence ‘14

PLANNING AND ZONING COMMISSION

Hugh Cropper, IV, Attorney for Ocean City Brewing Co. – FILE #14-16100001 5509 Coastal Highway

Public Hearing - Conditional Use Amendment Request

June 3, 2014 PRESENT IN ATTENDANCE John Staley Blaine Smith Peck Miller Kay Stroud Lauren Taylor Matt Margotta Palmer Gillis Bob Nelson Joel Brous Will Esham, Attorney Chris Shanahan This meeting of the Planning and Zoning Commission was held on Tuesday, June 3, 2014, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. John Staley, Commission Secretary, called the meeting to order. STALEY: The next item on the agenda is the public hearing, and before the hearing, I have got to read this to the audience. “Prior to each hearing, the chairman shall read the following statement: Any person in attendance may object to a commission member taking part in this public hearing due to a conflict of interest. The commission, excluding the person in question, shall decide by a majority vote, whether the challenged person may take part.” Is there anyone in the audience that objects to any of the commission hearing? Seeing none. Blaine? Oh wait a minute, let me read this. Pursuant to the provisions of Article II, Section 5, Conditional Uses, a request has been filed under the provisions of Section 110-514, Uses permitted by Conditional Use in the LC-1, Local Commercial District, to amend and/or alter an existing Conditional Use permit #13-16100001 to allow 1) bottling and canning be added to the interior of the brewery section of the premises; and 2) to erect a silo on the exterior premises, approximately 10’ in diameter, and 31’ in height. The site of this request is described as an unnumbered lot of the Isle of Wight Plat, further described as located on the west side of Coastal Highway and on the south side of 56th Street and known locally as 5509 Coastal Highway, in the Town of Ocean City, Maryland. The applicant – Hugh Cropper, attorney for Ocean City Brewing Company, File #14-16100001. Blaine. ESHAM: Under the penalties of perjury do you hereby swear to tell the truth and nothing but the truth? SMITH: The Ocean City Brewing Company has been granted a Conditional Use by the Mayor and City Council and in fact they signed the Conditional Use agreement accepting the Conditional Use on February 14th, the year 2014. There were certain conditions that were stipulated by the Mayor and City Council. Two of these conditions – one of which is item #8 – the Mayor and Council conditioned that no canning of beer or wine and only kegged beer can be produced at the premise. They prohibited canning and bottling of beer at the facility – that was a prohibition from the Conditional Use. The other condition was that the grain, which was item 5 – that the grain storage must be inside the building. The request tonight is to amend those conditions or modify those conditions and allow

1

canning of beer or bottling of beer inside the building. What you see on your site plan drawing, well I’m not sure you can tell from the site plan, but they’re showing a small device to do the bottling and canning that would be at the overhead door entrance to the facility on the west end which would be inside, and then there’s also the beer in the building would be stored for the bottling of the beer, before it’s shipped from the property. On the drawings, which is on the site plan, and it’s near the west end of the building to the right of that overhead door they have proposed again to, at that location, for a grain storage bin to be placed outdoors, which is not allowed by the Conditional Use as accepted. So they’ve made the request that you all hold this meeting and get testimony and make another recommendation to the Mayor and Council on this request to allow the canning and bottling of the beer, and to allow the storage bin to be outdoors. The zoning code requires that once a Conditional Use is granted, that any amendment to the conditions of approval have to go back through the process, to hold a hearing and allow testimony both by the applicant and anyone else that’s concerned about the effects, and again you will deliberate on that request and make a recommendation back to the Mayor and Council on these two amendments to the conditional use approval. That’s the basic purpose of the meeting. After they receive the conditional use, and have signed the conditional use agreement, they obtained a building permit to do the alterations to the building in compliance with those site plan approval and conditional use. They’ve been underway since the February 14th date, and they’re near completion but these two conditions they would like reconsideration to be able to put the bin back outside and they’ll explain in the testimony what the purpose of that of that is, and the importance of the canning and bottling of beer. The site plan is very much like what was seen by the Mayor and Council. You saw it after the Conditional Use was granted, it came back to you all for final site plan approval, you saw it shortly after the public hearing. This is not the site plan that you saw during the public hearing, and you did have concerns about traffic circulation and things of that nature. This was the plan that was developed to show the truck turn-around capability and the new circulation pattern in front of the building. It was done in accordance with your recommendation and then it was brought back to you all for site plan approval. But this was the final site plan that was approved in conjunction with the Conditional Use. Now you see the bin location which is further east. The original location was near the west side of the property. It’s been moved mid-way of the building, and again, they would like consideration. That’s basically the report. I did send out a, like a staff comment sheet, and the plans that you have on your desks tonight and the one that’s on the screen has been corrected with the parking tabulation. The original plan that we got with the change of conditions, there was a discrepancy in numbers on that plan, and it’s been revised per code as shown on this plan. This plan is compliant with the parking tabulation. There was a discrepancy in the earlier plan. (Lull in transcript because commissioners and staff were looking through records comparing prior square footage totals per use and parking tabulation). SMITH: I can give you an explanation. When you look at what’s on the plan in front of you. They required 57. some spaces for the restaurant and I believe it was 2000, or 11 spaces, 1 per 200 and then there’s two spaces for the employees in the back the way it was approved. 57 and 10 would be 67, er 68, and then there’s four more basically if you round it off. They’re required to have 72 space, and they did massage how they distributed those parking spaces within the building. As long as they didn’t exceed those 72 space I think they had some leeway. If they didn’t create a higher demand, and at one point, I think they would’ve liked to have more seating, but they didn’t have the

2

parking to back that up. But now the distribution, with some in there for retail, which is 2000-some feet, at one per 200, and then the 5700-some feet again at one per 100, with at least 2 spaces for the employees, right, right. Now, there was a set of drawings where I felt there was a discrepancy, and that’s why the staff comments, but these drawings are more accurate. That was it. TAYLOR: But that doesn’t include the chiller on it. SMITH: Let me explain that. When I brought it to you all, thinking it was a change to a condition, the reason why I brought it to you all was that they were going to enclose it. And I thought that would be an administrative change, because what the condition was I got to remembering, was that it had to be inside the building. The issue was that this qualified for being inside the building. Went back and read the conditions a few days later, it was conditioned to be inside the building. It was only the CO2, the grain bin, the spent barley – it was only that items that were in the Conditional Use that had to be on the inside. And the chiller is basically like a compressor, it has to be on the outside, and it really shouldn’t be enclosed. They still have the responsibility to keep it at a certain decibel level. I have heard it run, but have not run the noise meter, but I believe it’s going to comply with the Town’s regulations on the sound control, with the 55 decibel at night. It doesn’t sound that loud. The only thing I have not done, I’ve only heard it run with two of the fans, it’s got a (unclear) and I’ve only heard it run with two of the fans on, but even then, I don’t anticipate that it’s going to change when they all run to the same level from what I can tell. But we will run the noise meter once they get up and running, and if there is any sound spillover onto the Maresol, that’s the closest property, then they would have to put have to put something, a sound barrier, behind it. At the property line is where we measure the proper decibel reading. (COMMISSIONERS: This is a synopsis. Due to the poor quality of the audio on this system, prior to telling them to remember to speak clearly and directly into the microphones, Blaine’s answers fill in the blanks as to what was not picked up directly.) SMITH: Even so, it could be, but I don’t see a reason for it. It’s properly situated, and I believe the sound control will be (unclear). (COMMISSIONERS: Ask questions about the scope, or what else can they discuss in this hearing.) SMITH: I think you’ve got the go-ahead to do what you want, but what’s being considered is the canning and bottling of the beer and the placement of the grain silo outside. I think anything else that you have concerns about can be discussed. (COMMISSIONERS: Unclear statement again.) SMITH: And I think by way of explanation when you talk about the chiller, hat is the update of what’s happened since you all have seen it. Because you all had kind of referred it back to the Mayor and Council since you thought it was their (unclear), but when I went back and looked, I believe you have the Conditions of Approval in front of you, it was not on there. It was not one of the conditions, and I thought it was, and that was an oversight on my part, thinking it had to be inside, and then when I read it over again I realized it wasn’t one of the items. Now they did segregate that the dumpster

3

would be outside, but they were silent on the chiller, there was nothing in any of those hearings about the chiller. (COMMISSIONERS: Unclear statement.) SMITH: Well, the way it came up in the transcript, and you all heard the case, there was some discussion as whether they would bottle or can, and at that time they made the statement on the record that they didn’t intend to do it. I think that’s how it was left. When the transcript was read by some of the council, they saw it, and when the motion came on the floor to approve the Conditional Use with conditions, one of the councilmen said let’s put in there that, because they’re not going to do, let’s make sure they don’t do it because they can (unclear), and so the motion maker amended the motion to include the prohibition of bottling and canning as it kind of evolved that way from discussion. There was no other testimony or anything, they took it from the transcript and one of the council persons amended it. STALEY: Okay. TAYLOR: (Unclear) ESHAM: The Mayor and City Council already, well certainly the applicant may have to give testimony that will weigh on your decision-making and weigh on the Mayor and City Council, so I would keep that in mind when making your decision. But legally, you can make a decision based upon whatever you would hear tonight. STALEY: Alright. SMITH: Unless it’s modified, I have to enforce it inside and no bottling and canning. (Remainder unclear). STALEY: Anything else? SMITH: No, that’s it. STALEY: Alright, the next item is the applicant’s presentation. CROPPER: (Mr. Cropper stood at the rectangular table in front and not at the podium – the humming in this recording system makes his statements virtually impossible to hear) Thank you Mr. Chairman, (explained that the request to change amendments were ONLY to install the grain silo on the outside of the structure, and to allow bottling and canning of beer inside the brewery) In doing that, you’ve already issued an approval letter, and I want to make that part of the record. I want to make sure the approval letter from you is part of the record tonight; I want to make sure that your prior findings of fact is part of the record tonight. I want to make sure that the prior transcript, the entire transcript is part of the record. (Stated wanting more items to be part of the record, but he submitted each item as applicant’s exhibit this evening so they are in the file), we’re going to be brief (unclear). ESHAM: Please raise your right hand. Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth?

4

SHORES: Yes. ESHAM: Okay, please state your name and address. SHORES: Joshua Shores, 1400 Chicago Avenue, Unit 1, Ocean City MD 21842. CROPPER: (Made statement to Mr. Shores, but again, unclear in recording) COMMISSIONERS: (Comments still drowned out by buzz in microphone.) SHORES: Okay, the grain silo, actually it’s safer, cleaner, less traffic, rodents, bugs, everything. Everything is sealed tight, from the grain, from when it leaves the truck, coming in, all the way through. If you look at the second page (of his packet he presented prior to this portion), pictures show how it is without a silo, that’s Evo Brewery in Salisbury, they don’t have a silo. They need to have everything clean, from the dust, from the super sack, the rodents that get into it and the safety issue. Right now we have to do, we’re a 30-barrel system. Now I know, City Council went up to Burley Oak, they have a 10-barrel system. Most places in Ocean City have a 5-barrel, 7-barrel and a 2-barrel. You can do that with sacks of grain, 50 lbs. For us, it’s about 2,000 lbs of grain for every batch. So we have to have somebody hauling up 40-80 lbs of sacks of grain up the ladder or from the ceiling with a forklift, hauling it in and working with it. 40-80 sacks every 2 hours. The grain silo takes that safety, takes that falling completely out of it, seals to everything, takes the dirt – that’s all you need, that’s why we call it clean and green. Response to question – Everything is augered, sealed tight. Fully automated. Right now, if you have to (unclear), but this is fully automated. No, there’s only about a 4’ pipe that goes into the building. Everything goes into the building and is sealed tight to the building. Okay, the truck that comes in, has a pipe over top of it that dumps it right into the top of it. MILLER: Is it a closed truck or an open truck? SHORES: It is an enclosed truck, and that’s augered I think it’s blown into the silo, it’s a sealed cap on the top, and it’s blown right into the silo, into the tank. Then the auger system underneath the silo, augers it into the building about 4’ and then the auger system goes all the way to the mill, which dumps it right into the mash pit. MILLER: In the event of human error, outside, what is the potential outside for spillage? SHORES: I wouldn’t recommend a fence, it would be open and we would just clean it up real quick. But I wouldn’t even… MILLER: One of the pictures here shows something around the base of the tower. GILLIS: It’s a screw auger. If you’re bringing in a transport of fuel, like diesel fuel or gasoline or something like that, you bring a big tanker truck in, you have a hose, the hose goes to the tank there in the ground. This is a very similar way with the truck backed up, a proposed hose that goes into the top of the tank, dumps into the top of the tank, and then you have another screw auger that goes in and the screw auger itself is enclosed, encapsulated, in a pipe. If I’m saying anything wrong…

5

SHORES: You’re 100% correct. GILLIS: …but it goes on an elevation, it goes into the mix, inside the building. MILLER: So a proposed horizontal fence you’ve got here is not going to be… SHORES: Was that? MILLER: The plans show a fence around the base of it. More unclear conversation but the essence was the discussion of hitting the silo and not having a horizontal fence at the base which is in the way. GILLIS: This isn’t new. This happens all the time, and these guys do it, they’ve been doing it for years and years and years. On my farm that I had, and I had the exact same silo… MILLER: But you didn’t have a restaurant around it. I’m just wondering if someone backs into the silo and busts the side of it. GILLIS: Are you going to have pipe, steel pipe bollards, concrete filled so it doesn’t? I agree with that, so that’s something we need to add. (Discussion of fire risk in the silo barely audible between commissioners and applicant) CROPPER: Whatever the Fire Marshal wants. SHANAHAN: You indicated it would have a vent. SHORES: Yes. SHANAHAN: And I think the last time you said it would have a smell similar to a bakery? SHORES: No, not the grain, the grain doesn’t have any smell. MILLER: You indicated the silo is 31’? SHORES: 31’. BROUS: And how many deliveries do you anticipate it will be with this silo? SHORES: Depending on the type of product, a lager, and a light lager, and an ale all have different processes. TAYLOR: Why did you agree to keep it on the inside? SHORES: I just agreed to whatever they wanted. I didn’t want it inside. TAYLOR: Then you agreed.

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CROPPER: Actually it wasn’t a public hearing with the Mayor and City Council. SHORES: I just was told to sign the agreement. TAYLOR: You signed the agreement, then you agree! SHORES: Yeah, because we want to get open. TAYLOR: But now you want to change it. SHORES: Because it’s safer. CROPPER: We always wanted, I mean in our defense, we always wanted it outside. We go to the Mayor and City Council and we’re not allowed to speak. They make the deal, they hand us the agreement and say, if you want to get started sign this agreement and that’s what we did, but knowing we would come. STROUD: I need everyone to make sure they speak clearly into the mic so we can make sure we get a (mic squeaking being pulled across table). SHORES: But also, we looked at doing this with just grain bags and it’s almost impossible. It’s going to hurt somebody. MILLER: So your silo deliveries, what time of day would they be coming in? SHORES: Morning, these guys are in at 6 o’clock in the morning. MILLER: How much noise do they make? SHORES: Nothing, just a tractor-trailer. But the auger is not, it’s made to blow right in, it’s none. It shouldn’t bother anyone. And if there is, we would make a delivery time at 10 o’clock, or 11 o’clock so it would not disrupt any neighbors. BROUS: Are you still doing kegs also or is your desire just to do bottles now? SHORES: No, we’ll do kegs. The bottling and canning is very simple. It’s just something to add to our advertisement to get the canning, I mean, if you could see how small the system is, it looks like a, it would probably fit, it fits into a 6’ trailer. And they bring it in, it is the size of a hospital bed, maybe 4-6’ long. The canning one is a little bit bigger, they roll it in, they bring in all the pallets, bottles and cans and fill them up, and do it all for us at the mobile. We don’t want to be a manufacturing plant, like the Laverne and Shirley style, big manufacturing bottling, canning or anything like that. We just want something to add to our business. And canning and bottling is the majority of what businesses are advertising, and growlers, the dangers of growlers, people take a growler home from here to Pennsylvania, it’ll explode in the car in the 100 degree heat. But a can and bottle… MILLER: Is your intention to sell the bottles and cans out of the retail store? SHORES: Eventually, yes.

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MILLER: You have the license to do that right now or what’s your license? SHORES: No, just the growlers. MILLER: So how do you sell the, to the restaurant down there? The bottles and cans are sold through the restaurant? SHORES: Yes, or we distribute. MILLER: You’re allowed to distribute, you just can’t retail. SHORES: We can’t, we can’t retail out, we can retail from the bar and restaurant, but we can’t sell them as packaged goods. We can sell our growlers, but we can’t sell bottles or cans yet. MILLER: So what they’re bottling and canning, I couldn’t buy a 6-pack there if I walked in. SHORES: You could buy six beers over time, over an hour and enjoy it, but. GILLIS: Are you showing the bottling and canning device on this drawing, A1.2? It isn’t showing, I’m confused as to where it would be. It says, I’m sorry… where is it? On this drawing it’s showing at this overhead door, mobile canning and bottling apparatus. SHORES: Right as you come in the front door. GILLIS: So is that this top one, or is that the bottom one or? SHORES: Either one. If we do bottling one day, the mobile bottlers, there’s two different companies that do… GILLIS: Is it your machine? SHORES: No, it’s not my machine. GILLIS: Okay, so it comes in and it goes away. SHORES: I contract out, yes. MILLER: How often do you plan on doing that? SHORES: Whenever we brew maybe ten, we’d have to set up a schedule. MILLER: Give me an idea. SHORES: I wouldn’t even uh, let’s see. It could be once a week, or three times a week, we have no idea. MILLER: Is it something that you pull inside, shut the garage door, bottle, can? SHORES: Yes.

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MILLER: You’re not going to be like bottling out in the parking lot. SHORES: Oh no. MILLER: You’re right at the garage door on this one plan. SHORES: You can’t bottle, we wouldn’t have the hoses to get it outside anyway. MILLER: But I’m just saying, the door will be closed, you’ll be inside bottling. SHORES: Yes. MILLER: We’re not going to hear any noise from this machine whatsoever at all. SHORES: No, and you wouldn’t hear any noise from these little machines anyway. MILLER: Okay, so we’re just saying, you’re going to be doing this on the inside with the door shut. SHORES: Yes. MILLER: Okay. TAYLOR: You said originally you had no intention of doing it any time in the future, you agreed with the Mayor and City Council, you weren’t going to do it, and now you’re saying, gee, we do want to do it after all. SHORES: You’d need a bar-like mind. TAYLOR: Why didn’t you know that before you opened? SHORES: We didn’t know how big this was going to be. It’s a big, it’s a large building, we have to go at every revenue source right now. TAYLOR: Did you ever think about doing a feasibility study before you started this part? SHORES: I mean, the canning and the bottling is something you want to get in to. I mean you need canning and bottling as a life-line. TAYLOR: Well then why did you tell us you didn’t want that. SHORES: We never told you we didn’t want it. TAYLOR: You just agreed to not do it. SHORES: We just agreed, and it wasn’t, and it wasn’t bottling, it was just canning. CROPPER: That’s not really fair, because the subject here today – nobody would ever come back here and ask to amend anything, and the code provides for amendments to conditional use. As a matter of fact, conditional use is like an ongoing process, it has

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amendments, and you have continued jurisdiction, so if something doesn’t work, if you know you can call us back with like 5 days notice, I think the whole conditional use process is sort of a maturing of a business. I don’t think it’s really fair to say you know, you’re stuck with what you originally asked for. ESHAM: Huey, Huey, he’s here asking for the amendments, she has the right to ask why he’s changed his mind, she’s not criticizing that he has the right to amend it. But she’s just asking why he changed his mind. CROPPER: That’s fair. SHORES: It’s never changed our mind, I’ve always wanted to can and bottle. TAYLOR: But again, you signed an agreement that said you didn’t. SHORES: We wouldn’t have gone forward and opened up. We have to, we have kegging and… TAYLOR: You get an agreement and then you want to change, it’s like, well, you sort of did the same thing to us as I remember, when you first came in, you said that you were only going to be selling your own beer in the premise, and then when you went to the beverage board, the licensing board, you said you wanted to sell your own brands of wines and liquors. Well that was never anything that you told us, and then all of a sudden, this comes up later at the liquor hearing, so I’m not sure about, there’s a little credibility problem. SHORES: That wasn’t, the distilling and the wine was something that was just decided on as we progressed. Dog Fish got, I mean Dog Fish does their own distilling at their facility. That’s something we wanted to get into, we want to be just like Dog Fish. So, it just, matured into that, I mean, we just… MILLER: But Josh, one of my concerns from the get-go was the vehicle access, turning trucks around, parking, the scope of the outeration, and everything that you add to it affects that scope, okay, of what you’re doing. I mean, whether it’s now you’re going to sell packaged goods to other stores, can you do that, can you sell bottles and cans to other stores? SHORES: Yes. MILLER: Because that’s going to require a truck coming in, moving the product out, other than kegs, correct? SHORES: Yes, well they, no, they pick them up with the kegs, our distributor comes in with one truck. MILLER: It’s more product is what I’m saying too. My thing was the number of trucks going in and out, I mean you only have 60-some parking spaces, maybe 70 in here. I still don’t like the turn-around for the trucks, I don’t think it’s feasibly going to work in the summer time. GILLIS: Are you referring to this plan, Peck?

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MILLER: Yes, yeah. GILLIS: That shows that? MILLER: Yeah. GILLIS: Okay. MILLER: I’m still not comfortable with that, I like what you did out front, that allows cars to cut through. I’m just concerned now you’ve got a silo in the middle of what’s going to be an attraction for people, so you’re going to have more people parking back there to see how, you know. I just think the whole area’s going to be filled. And now that you’re adding more stuff to it, I just really need to hear, you know, that you’ve got this somewhat under control and it’s not going to keep evolving, you know. SHORES: Well, I mean, every business evolves. I’m not going to say… MILLER: What I’m saying, you don’t have the parking. SHORES: Exactly, but with the canning and bottling, with the bottling, the canning is what we really want, I wanted to do everything in cans, but if the truck comes in, Eastern Shore, or Miller, or whoever we sign with, they’re going to pick up one shipment, whether they come in for 50 kegs, or 50 kegs and two pallets. It doesn’t make, they’re going to come in for that amount of beer. So, they’re not going to come in just to pick up one pallet of cans. They’re going to come in one time, pick up everything, we have everything in a refrigerator, and they haul right out. It’s not going to be daily trucks going in, in our distributing. MILLER: So the capacity you have to get out of this brewery right now is… SHORES: It’s going to be the same as it was before. MILLER: Which is how many trucks a week? GILLIS: Well, it depends on whether we accept the silo or not, if we accept the silo, there’s going to be less truck traffic than if we don’t. SHORES: Exactly. GILLIS: So I mean… MILLER: I’m asking about deliveries and pick-ups… GILLIS: You said truck traffic. MILLER: Okay, I’m concerned about the Carey Truck or whatever, coming in, 18-wheeler, whatever it is, big guy, loading it up, and getting it turned around how many times a week are you looking to do that? SHORES: Maybe every two to three weeks.

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MILLER: So you’re just delivering beer every two to three weeks. SHORES: Yeah, because that’s what the whole point of a distributor is. We have our license to distribute our own beer. I could load trucks up, 15 trucks, I’m not, I don’t want to do that. I want one truck, coming in, taking it to their facility in Salisbury… MILLER: Storing… SHORES: …and storing it, they store it all up there… MILLER: You can coordinate the time of those trucks? SHORES: Oh yes. MILLER: That’s what I’m asking, what I’m concerned about. GILLIS: But to your point though, Peck, doesn’t this product have a little bit of shelf life that you have to sell it? SHORES: One year, for cans, that’s why we want to promote cans. Bottles, the way we’re doing it right now, three to four months, and we’re not really pushing for bottling, it’s mainly canning, because it has that one year shelf life we can send it and they can have it in the facility… GILLIS: I know that’s a big problem with the (unclear) Brothers, I mean, talking to them, working for them, they have an issue for how long is safe in the cooler. SHORES: Bottles are horrible. GILLIS: Okay. I’ve got a question on this, you, the, you’re proposing the mobile canning and bottling apparatus in front of the overhead door, and you’ve shown us pictures of the two devices. Any time that I’ve seen a bottling or a canning operation, there’s been a long line before it, and a long line after it. And then there’s been packaging. So, while you’re showing the 4 x 6 device in front of, hospital bed in front of the overhead doors, what happens before and after it, or have I misunderstood this. Is this self-contained and this is all you get? SHORES: One pallet in front, one pallet in back. GILLIS: So you’re not going to have the series of bottles coming through… SHORES: No, they can’t transport that type of, you’re talking about the big mechanical, they couldn’t transport that in their mobile cannery. GILLIS: …the bottling operation. SHORES: The bottling operation, they would just come in just with that piece right there, exactly what you see, this McGean Bottling System? GILLIS: Yes.

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SHORES: Is what you see. They bring it in, they hook up to our CO2 tanks, they put one pallet in the front, one pallet in the back. GILLIS: So my point on that, is what I’ve seen, there’s a whole lot of stuff going on before and there’s a whole lot of stuff going on after this machine. But if what you’re saying is that this is a smaller operation that doesn’t have a feeder to it or the pre and the post canning or the pre and the post bottling, just one pallet. SHORES: Yes. One pallet before, one pallet after. GILLIS: And what do they do with that pallet after they start with the next pallet? They store it somewhere? SHORES: It would go right into our refrigeration. GILLIS: Okay, so you would move it into the coolers. SHORES: The coolers, everything has to stay in the coolers. TAYLOR: But ultimately you want to install your own bottling stuff. SHORES: No. GILLIS: Today. SHORES: Not here. But I mean, if we do, we would come back and talk to you, but I wouldn’t even, we don’t have the space for it. We wouldn’t, there isn’t any space to have a permanent, because there’s bottling and canning. So you’re talking about, you were talking about the contraptions and the hooks and all the different conveyor belt lines. We don’t have the space for it, so. BROUS: Are you going to ask the LCB to add bottles to retail in the future? SHORES: Yes. BROUS: Is that for this year or for next year or do you know? SHORES: Probably next year, I don’t think we’re going back this year. BROUS: And also as far storage, like the kegs, is there enough storage in there for all the kegs, and the bottles, and the cans, I’m not talking about parking lots full of kegs, and parking spaces with kegs in them, and bottles in them, it will all be inside? SHORES: All inside. BROUS: Whether it’s being bottled, or already bottled, or just a keg coming, a growler coming back will be stored inside, not outside. SHORES: Well, that’s why we don’t have, we don’t even have space for the grain. And that’s why we need the grain silo, that’s another reason. And that’s why trucks would

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come in on a daily basis to deliver pallets because we wouldn’t have the space to store all that grain right now the way it is. BROUS: As far as silo maintenance goes, (unclear) that’s up for debate, but as silo maintenance, let’s say, you know, this doesn’t work out a year from now, no one’s here. Who maintains that silo? Is it like a water tank left abandoned that deteriorates, how do we guarantee the maintenance of the silo, long-term and the appearance of it. Even though I think if you had it would look good now. SHORES: It’s galvanized steel. GILLIS: Does the (unclear) onto that, in any way? SHORES: No. GILLIS: Okay, who monitors your bottling or canning, the health department obviously, but I don’t know… SHORES: No one. GILLIS: No one? SHORES: I mean, it’s all regulated through the Federal Government. GILLIS: Okay, USDA or something like that? SHORES: No, just a, we just tell them how much beer is coming out of the tanks. They just keep tabs on how much grain comes in, and how much bottling or how much beer comes out. BROUS: The silo, more like the logo, the painting, and the chips or peels or fades or whatever, you know, over time. SHORES: What? BROUS: I’m worried about the appearance of the signage on the silo, it’s galvanized, yeah, but, it has to be painted, or grouted, or whatever… SHORES: We’d rather keep it just galvanized steel and not paint it the color of the building. BROUS: If you’re going to have a silo it would look cool if there was one on there, in my opinion, then you’ve got your maintenance issues. SHORES: But that would be vinyl. We would hit it with a vinyl tag with our logo. It’s too much to paint, unless you sprayed it one color. MILLER: So you are going to put a sign on the silo at some point. SHORES: We’d like to put a sign on it.

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BROUS: So that would be part of this, right? If it were maintained right… GILLIS: Well, this picture shows the logo on there. BROUS: Yeah, I see the logo on there. SHORES: And it would be a vinyl logo. BROUS: Okay, wanted to make it for the record. STALEY: Are there any other questions of the applicant? GILLIS: What is the eave height of your building in relationship to this 30 foot (unclear)? The eave height of the building, do you know what the eave line? SHORES: It’s 26 feet. GILLIS: 26 feet? SHORES: It’s 26 from the center. GILLIS: Probably 22 foot maybe, if you guess? SHORES: I want to say it’s a 9 foot difference. 22 on the edge. GILLIS: So 30” is 2 foot 6”, so drop down from the top (cough obscures statement), but what’s the eave height was what my question. I just want to get an idea what the tank looks like beside the building as far as the eave height. CROPPER: It’s shown here on the site plan. MILLER: 18 to the eave. SHORES: Yes, 18’ even. GILLIS: These drawings… CROPPER: Do you have the revised ones? This is not on the revised one. GILLIS: Okay, so what is the eave height shown on that? CROPPER: I’m not a builder like you… GILLIS: Because it’s showing on here, 24 foot, if the building is 60 foot wide, the middle is 38 (unclear). So it sticks up above it on the eave line. UNIDENTIFIED FROM AUDIENCE: Almost 10’. SHORES: I was correct, about 9 feet. GILLIS: At the eave line.

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CROPPER: Palmer, the reason that’s not on your revised (unclear again because of Mr. Cropper’s positioning in relation to the microphone at the council table). STALEY: Any other questions of the applicant? CROPPER: Thank you, I just want to remind you… GILLIS: I have a few more questions. Since this is open (unclear), there seems to be a discrepancy, one of the problems I have with the whole thing is (unclear) earlier, is cars backing up into Coastal Highway. The site plan that we have here before us tonight has a (unclear) on the curb cut, it looks like to me, I’m guessing, about 20 foot, but the curb cut on this drawing looks like it’s about almost 35 feet, and I have a real problem with cars, I see you have addressed it by having an outlet that will traffic to go south, these cars, when this was brought before us before, we had talked about making the spaces parallel and I see that they haven’t changed. But I also see that you’ve allowed access so that these cars can back up and get out of here, but this curb cut looks like to me it’s about 20 foot and on this drawing, you’ve used your parking spaces, looks like about 35 foot. My goal in this is to make this right-hand turn in only, and you have to come out here. So whether that means exit signs, striping or whatever, I have a real problem with cars backing up on Coastal Highway. So, I mean, from my point of view, and my perspective, and this panel may disagree with me, but I think we need to ask. You have solved some of the problem by giving relief to allow the cars to go to the southerly exit, which is where they should go. But that should be a right, at the northerly entrance, that should be only an entrance. SHORES: So put arrows on the pavement? GILLIS: I’m just saying, get it, pave, stripe it, put exit only or put entrance only, and exit this way or something, but striping somehow on this so that the cars will go out the southerly exit. SHORES: Okay. GILLIS: Because I just have a real problem with cars backing up on Coastal Highway and um… TAYLOR: Heaven knows we have enough problems on Coastal Highway! GILLIS: Well, we don’t need that, especially in a restaurant when somebody might’ve had a beer or two. CROPPER: But the intent wasn’t to back out, this is evidenced by the pointed arrows on the site plan. GILLIS: I agree. But the discrepancy that I have is this entrance on this drawing is way out of scale if this one is correct. There’s something wrong with this scale. CROPPER: Yes, this one is the new approved one.

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GILLIS: That’s right, but that would’ve meant the curb cuts would’ve been modified but they haven’t been modified. I’ll ride by and look at it closely. CROPPER: He’ll do that (unclear). SHORES: That’s not a problem. GILLIS: Striping, exit, one way. SHORES: The arrows, right on up, one way out. STALEY: Any other questions of the applicant? CROPPER: That’s our presentation, I just want to remind you that in a Conditional Use, the good thing about a Conditional Use is that you have continuing jurisdiction at all times. If there’s a problem with the grain elevator, I don’t know what to tell you, but I think the applicant has to come back in like five days if notified, and with notice, I think they have to come back in 30 days, you always have the authority to curtail a conditional use or add more conditions to (unclear) so it’s sort of a self-policing, it’s a self-policing thing. So I would just leave you with that thought, and thank you for your time and attention. STALEY: Alright, is there anyone in the audience that’s in favor of the applicants? Is there anyone in the audience who would like to speak in favor of the application? Hearing none, okay. Any questions by the commission? Opponent’s testimony. Anybody in the audience would like to speak against the application? SEIPP: Mr. Vice-Chairman, I’m John Seipp, attorney for the Maresol Condominium. I’m not testifying, but I will (unclear because he was in audience, not at microphone). STALEY: Um hm. SEIPP: Okay, first let me just make a preliminary comment if I may. The Maresol, as you know… ESHAM: If you’re making comments, we need to swear you in. SEIPP: Okay. TAYLOR: We’re going to swear you in. ESHAM: If you don’t mind, yeah. Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? SEIPP: I do, thank you. As you know, the Maresol Condominium is located to the west of this project, and they also have a swimming pool and parking lot moved over towards the south side of the project, and most of the activity that’s been prior to this commercial production operation is right next to the swimming pool. So, the folks in Maresol basically want to be very good neighbors, they want a good business of some kind in this location, it’s been an empty building, they’re obviously not happy about that, but the range of opinions in this condominium go everywhere from this shouldn’t even be a

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Conditional Use at all, to we may be okay with this. So what I’m going to do tonight is ask several members from Maresol to speak; they’re going to address primarily the key issues that have been constantly (unclear) and some other issues, so if you don’t mind I’d like to call these individuals, there’s three of them, let them say their peace (piece) and I may have some concluding remarks at the end. Proceed that way? STALEY: Yes, sir. SEIPP: I’d first like to introduce to you Mr. Jim Deitrick, who is the president of the Maresol Board of Directors. Jim, why don’t you come on up and stand behind that microphone over there so they can record it. ESHAM: Please raise your right hand, under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? DEITRICK: I do. ESHAM: And please state your name and address. DEITRICK: James W. Deitrick. My address in Ocean City is 105-56th Street, Unit 402 in the Maresol. My permanent address is Ellicott City Maryland, 11943 Hampstead Green, Ellicott City. ESHAM: Thank you. DEITRICK: Well, I’d like to echo what John said, because I guess after the January hearing that we missed, we were concerned about what was being done by Ocean City Brewing Company, and what we did actually, was read the minutes of the January 7th, I think it was hearing that you had here, and heard what was going on and got concerned about, and the letter that we wrote to the Mayor and the City Council before your recommendation went there, basically said that the residents in the Maresol are concerned about congestion, additional noise, property devaluation, and actually the physical presence of the silo itself. I think what I would tell you is that, I mean, people have kind of said to us that because of that the Maresol is against the Ocean City Brewing Company, and for the record, we are not against the Ocean City Brewing Company. What we are against is the concerns that we addressed; we’re concerned about additional traffic, we’re concerned about congestion, we’re concerned about dust, we’re concerned about odors, we’re concerned about a nuisance, all the things that you’ve discussed in this hearing in January we’re concerned about. We also did not like the physical presence of a 31 foot high, that’s three stories, silo within almost spitting distance of the front walkways of our condo association. So, we’re not against it. What we don’t want to do, we want to actually have some peaceful coexistence if that’s possible, so if this is the site plan that you’ve got in front of you, this is the new site plan. So, the difference, when we first saw this, I’m going to point a little bit, you’ll get the general idea. The silo that’s shown here, was actually as far west as they could have it. You literally, you could spit off our front entrances on the second and third floor and hit the silo, so the silo for us was a physical problem for us. It wasn’t so much that the silo would be about concerns that we had on other things, but after I listened to some of the testimony here from Joshua Shores, I’m probably in a little bit different place. What I’d like to do, if you’d let me, is we went back, because we’re trying to not speak personally, I’m trying to speak how 40 people feel, you know, in the Maresol about that, and that’s

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hard to do as John said. We invited every one of our owners when we got the notice of this hearing to make comments to us. I’ve got a summary verbatim of all these email comments that came back to us if you wouldn’t mind and it’s permissible, I’d like to give you a copy of it for the record. Is that okay? ESHAM: Sure. DEITRICK: And what you’re going to see, can I talk while I’m walking? SEIPP: You have to talk very loud. DEITRICK: What you’re going to see is a lot of people are confused about what’s going and how they feel. It’s a very broad range of feelings about things, but I think what you’ll also see in this is that the underlying thoughts in this is that people are concerned about congestion, people are concerned about traffic, people are concerned about noise, people are concerned about those kinds of things. Um, what I’m going to say to you right now, on the silo, the initial reaction from people was we hate it, we don’t want it, we don’t want to see it. What you’re going to see there is, Joshua came to a Board meeting that we had on May 3rd at the end of it, we had a workday, so we had a spring board meeting. At the board meeting he said the same thing that he’s saying here, “I can live with all the conditions that have been placed on my Conditional Use permit except for two, and that’s I need the silo and I want to do the canning and bottling.” And we said, what about the silo? And he said at that point in time, “we’re going to move the silo farther east, as far east as we can move it, and it’s going to get it out of in your face.” And what you’re going to see with some of these comments here is some people, the farther east it goes towards Coastal Highway, the more people are saying, “I’m not happy about it, but maybe I could live with it.” And if the silo does what he says it’s going to do, and that’s it does, in other words, it makes it safer, we don’t have grain explosions, it’s cleaner, it controls dust more than doing the operation inside, I think people could learn to live with it. We’d like to see it farther east, and we’d like to see it painted with invisible paint, but (laughter) if we could move it farther east, and when we talked to him in May and it was probably three parking space farther east than it shows on the site plan now, that’s about 30 feet, and if we could continue to push it there, farther east, I think we wouldn’t be happy, I think people could live with it, and I think people would hate me, in the Maresol, some people would, because some people absolutely don’t want to see it because it feels industrial. I was reading some things on the way down here, and I think it was actually in your testimony or the minutes of the January 7th meeting, where you all were concerned about the character of that general community, that general area around the Maresol. And you were talking about how has the character changed since Adkin’s Conditional Use was allowed, and I believe it was allowed in 1973. And how the property, or the area, is zoned right now, and that’s not a residential area, because I think we’re saying it’s not, I think if you look around the area, it has become a residential area, in fact it is a residential area. And the Adkins lumber yard, in and of itself, was an island in the storm. A lumber yard in the middle of what it was, was a sleepy little thing. It operated, closed on Monday through Friday it closed at 4:30, it was open half a day on Saturday and was closed on Sunday. It was a sleepy little thing, but it was an island in the storm. Now all of a sudden, an island amongst residential units, now all of a sudden we have a vibrant busy that wants to come into play. Trust me, we all believe it’s better than Sassy Beachwear that was there for a couple years. What we don’t want is to have something run over us and the area and what we are as a residential community. In January he said to you, “All we’re going to

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make is a thousand gallons a week, all we’re going to brew is a thousand gallons a week.” You need to ask the question now, how many gallons a week are you going to brew because you want canning and bottling operation – is that going to allow you to maximize the capability that you have. That question has not been asked yet. You asked the question in January of Fesche, their brewmaster that was here, if you ran it to the limit, what would it be. And I think what he told you was, he could do 4,000 gallons a week. He’s saying that the silo as I understand it also in the testimony, is good for 10 batches. Okay and if they brew a thousand gallons a week, they’ll have a truck come in every 10 weeks or some to fill up that grain silo. If he starts saying no, we’re not going to do a thousand, we’re going to do 4 times that, that means we’re starting to roll those trucks in 4 times that time, right? I also believe, okay, that the silo is, makes it easier for him to maximize the capacity and get it to 4,000 gallons a week; I also believe that people are more against the bottling and canning operation because we believe well, nobody ever asked, why do you want the bottling and canning, well, you sort of did, and the answer was, “Well I need the canning/bottling to be business viable.” What does that mean? Make more money. What does that mean? Sell more beer. What does that mean? Brew more beer. Brew more than a thousand gallons a week. Brew as much as possible. So I say to you, that we in the Maresol look at this and say, it’s not the canning and bottling operation per se, that we’re against; we’re against the canning and bottling operation because we believe that this will allow him to have another vehicle to distribute beer out of there and maximize the brewing capacity of the facility. We’re really against 4,000 gallons a week. We are. You all asked somebody in January, if you brew more beer are you going to have more traffic, more noise, are you going to have more, I don’t remember who it was here. I’ll tell you what page it’s on if you want, in your transcript. You asked that question, and they said yes it would. It would be more traffic, will be more congestion, will be more of everything. More, more, more. So what I’d say to you right now is what ultimately what we’re really concerned about is living next to something that is going to max out on the capacity and exacerbate the issues that we’ve got with the noise, congestion, and everything. 56th Street, if you live next to it, there’s no parking on 56th Street – zero. Johnny’s lines it up. We go to Johnny’s, we love Johnny’s. We hope they brew good beer, we’ll be over there all the time drinking good beer, but at the end of the day, if you look at 56th Street, Fager’s when it’s busy, will line it all the way up from the Island in, all the way out to 56th Street. Johnny’s will line it up all the way on the other side, all the way out. I very much believe they’re underparked there. I mean, if they didn’t have a code variance for the warehouse side of things, they’d have to park maybe 6 spots, and right now they’re providing 72 because they got a variance on the warehouse side which means they only have to park 5 on the warehouse. When Josh came over and talked to us in May about the canning and the bottling, we went down the same road I’m going down with you right now. What’s your business plan? Didn’t get an answer. How much brew do you plan to make? We presume, you want the bottling and canning because you’re going to brew more than a thousand gallons a week, they told you that in 10 different places in January. So we’re saying you are going to brew more than a thousand gallons a week. The answer was yes, we are. Well how much more? Well, we heard four, we heard ten thousand, we heard 13,000 – we heard all kinds of numbers, right? In January they told you 4,000 gallons a week. What we said was we’d like to know if you’re maxing out on your production, how are you going to balance that on your site with your restaurant operation? You aren’t going to be doing all this traffic in and out from 11 o’clock on, when the restaurant’s going like crazy, right? So when you going to do it? When you really going to brew? How are you going to work those operations around your restaurant operation? How are you going to work your deliveries around 72 parking

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spots, where if you look at that site, every place that they’ve got in here, all those little red things, those are their parking spots. And if they’re underparked that’s going to be full – that doesn’t give them a lot of room for traffic in and out. So what we said to him is, how about you get together with your guy that runs the restaurant side, and the guy that runs the beer side, and come up with something that might be considered an operations plan or a business plan, and let us see what that is, because then we could understand what hours are you going to run, when are you going to have deliveries, how might we be impacted? You heard him say this morning, or just now I mean, that they might come in and deliver grain at 6 AM in the morning. Well, how many times a week are you going to do that? Well, if that’s a bother we’ll push it back to 11. I doubt that. My wife and I run a million dollar gourmet sandwich shop, 7 days a week, 11 AM to 10 PM. We have people prepping at 6 AM in the morning for a sandwich shop. We have Sysco trucks coming in at 6 and 7. We do not let Sysco trucks come into our business later than 9 o’clock in the morning because it gets in the way of our business. Those are the kind of things that we need to think about, and those are the kind of things that we’re concerned about. So again, the summary of this is, we need to ask more questions than are being asked here. It’s about how much beer, what does it mean, we asked that, like I said, in May, and he said he’d come back to us with something like a business plan, we haven’t seen it. I’m getting ready, with my wife, to push the second store, in which we’ll hope there’ll be another million dollar gourmet sandwich shop. We have, WE, a small operation like that, have a business plan. I would expect an operation of this size and scale to have a business plan. We’ve asked for it, we can’t see it. So it makes me nervous to be a resident next door to something that can’t answer basic questions like that for us. I’m very nervous about it. SEIPP: Before I call the next gentleman up, do you have anything else to add, Mr. Deitrick? DEITRICK: No. SEIPP: Before I call the next gentleman up, Mr. Deitrick made a number of references to the prior transcript, and I took the liberty of creating an excerpt of that, and highlighted the portions that he just made reference to, and if you have no objections, I’m going to circulate a copy of this highlighted excerpt. The next gentleman I would like to call up is Mr. Ronald Hubbard. You need to be sworn now. ESHAM: Under the penalties of perjury do you hereby swear to tell the whole truth and nothing but the truth? HUBBARD: I do. ESHAM: Your name and address, please. HUBBARD: My name is Lane Robert Hubbard. I own a condo at 105-56th Street, #306, and my home address is 10 Havenfield Drive, Baltimore MD 21234. Okay, I’ll be real quick. Personally I don’t have a comment about the silo, I think it speaks for itself, it’s out there. But I do have major concerns about the canning and bottling. When we purchased our property, our resort property, we would like to keep it a resort property, I feel that the canning and bottling would make it an industrial property. So I oppose it, and I hope that this, I want to be a good friend to Josh, and his company there, a good neighbor. Thank you.

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SEIPP: The last individual that wants to address you is Mr. Chris Demopoulos. Chris, would you come up here? ESHAM: Thank you and please raise your right hand. Under the penalties of perjury do you hereby swear to tell the whole truth and nothing but the truth? DEMOPOULOS: I do. ESHAM: And your name and address. DEMOPOULOS: My name is Chris Demopoulos. My wife and I, we own a condo in Maresol, #408. My home address is 6801 Capri Place, Bethesda MD. As I mentioned before, we own the condo in Maresol building, located adjacent to the property 5501 Coastal Highway, where the OC Brewing Company currently is working to establish an industrial, wholesale beer factory. We would like to make our opposition very clear. We’re not against the OCBC to operate a restaurant and/or a small-scale production of beer, but we are against the above-referenced concept request because it will allow OCBC to build without any limitations or variance, an industrial wholesale brewery, capable of producing a high volume of beer and packaging it in a variety of ways. This type of factory should be located in an industrial zoning, not in a mixed-use area. Based on discussions with members of the Maresol community, and other neighboring property owners, our opinion is shared as well. In addition to the concerns stated above (he is referring to the hand-out that he distributed when coming up to the podium) we would like to formally, in this public forum, bring the following items to your attention.

1) Based on our understanding of the Worcester County zoning ordinance, neither the current approved use, nor the proposed future use sought by OCBC probably fall under A – the permitted uses; B – the other listed Conditional Uses. None of the permitted uses in the Local Commercial District (LC-1) Zone area are similar to the manufacturing facility or to similar facility that regularly emits odors, dust, and has a 31 foot high silo, with bottling and canning capabilities. The ordinance states that for a Conditional Use to be acceptable, “shall be in keeping with” the permitted uses. Therefore we believe the Planning and Zoning Commission has misinterpreted the zoning ordinance to allow OCBC to operate a wholesale beer production in the LC-1 zone. In addition, we do not know if the Planning and Zoning Commission requested from OCBC to conduct any environmental and socio/economic studies to determine any adverse impact that this factory will have on the neighborhood. These studies are essential for the Planning and Zoning Commission to adequately evaluate the OCBC’s proposal.

2) The proposed modifications requested by OCBC is approved, would enable the OCBC to establish an industrial, wholesale facility and will irrevocably harm our neighborhood, devalue our investment in our vacation home and will have a devastating effect on our way of life in Ocean City. For example – based on my research, there are studies that show that this type of operation with dust, etc., from storing grain in the silo, creates an environment that is high-risk for fire and explosions.

3) If the Planning Commission allows these conditions to be approved, I believe it will expose Ocean City government to a legal liability for affected citizens related to property devaluation. In our opinion, this is not the kind of activity that supports Ocean City as a tourist resort, where people visit and others invest to enjoy clean air, water, and the other activities that Ocean City has to offer.

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In conclusion, we believe that the proposed OCBC operation is inappropriate and out of harmony with the adjunct buildings and their uses. Because the proposed brewery would be located near the interests of Maresol who are particularly concerned about safety issues, noise, trash, shadow effects, visual obstructions, increased traffic, parking congestion, dust, offensive odors and the resulting and potential significant property devaluation. Therefore, we hope that the OC government will not approve this request. Thank you very much for your consideration. SEIPP: Just a couple of concluding remarks. Thanks for your attention. Actually you can see that there are a diversity of views within Maresol, and I think that one thing that has to be recognized here is that the Ocean City Council has already decided this question; you’re being asked to basically second-guess them, to hear more testimony on them. I think based upon everything we’ve covered here tonight, reasonable minds perhaps differ but I think the Ocean City Council made the right call on these two issues, at least for now. My suggestion to you is let’s get this place open, let’s let it operate as a restaurant, as a micro-brewery supplying the restaurant, and maybe let’s see if they can come back next year and try to ramp it up and do more. But let’s get one year of experience under our belt with the conditions that the Ocean City Council put out there and then as it’s been said, they can always come back and ask for it to be amended at a later time, but I think that everybody’s tension level on this thing needs to go down, and perhaps if they’re the good operator that they say they are, this thing will run very smoothly for a year, on a limited basis, and the Maresol folks and the other neighbors will have the confidence with their suggestion to ramp it out and decide to do a little more. But I think they have to establish a track record first, have to build some confidence first, and I’m not sure that amending their Conditional Use before they even get open is the way to go about it. That’s all I had to say, I think there’s some others who want to speak to you tonight. Thank you very much for your time. ESHAM: Please raise your right hand. Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? HOLLAND: I do. I’m Richard Holland, I live at 8625 Circle Road, Berlin MD. I’m a part owner of the Adkins Company. As you know we’ve leased the property to Joshua and his mother. This evening you’re considering whether to approve the bulk tank or and also the bottling operation. I have some personal experience with bulk tanks because I worked with Perdue for five years before I went to the Adkins Company. The idea that a bulk tank would catch afire is completely false. There’s no reason for a metal tank to catch fire with anything in it. You have to have a fermenting process; it’s an enclosed system. The thing about bagged goods, as Joshua told you, it’s a very labor intensive situation. Workman’s Comp Insurance claims, that type of thing, is going to be much greater for this business if you have a situation where he’s forced to do bagged-goods. It’s a dangerous situation, he’s going up on tanks to pour this amount in. It’s a situation whereby we all want to be green. The amount of trash involved with these bagged goods, is tremendous. The dust problem within the building, will be tremendous. You do a disservice to the Maresol and the Best Western, the two neighbors, if you don’t reconsider this, as far as the bagged goods. I do support the brewery. I thought it was a wonderful thing for us to be able to get for Ocean City. I don’t hear that from the people around it. Let me tell you a little story, in 1978, we wanted to add on to the Adkins store, but we added on a section, probably, I’m guessing, 120 feet. And I received a citation for filling wetlands in the rear of the building, and we’re 10 feet from the line. And then along comes a few years later, they want to build the Maresol in the LC-1, and they’re

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allowed to do that, so who’s to say that Maresol should’ve been built, because of those two items alone. However, those individuals know that they were building in a Conditional Use situation. We still have LC-1 property I believe, there are those would have you believe that it’s residential now. I don’t think that’s the case – last time I paid my taxes it was LC-1. And we’re trying to find something that will be good for Ocean City. The building looks so much better, inside and out, then what it looked before. I don’t know if this business doesn’t make it in Ocean City, what we would do. We could go back with the lumber yard, I don’t know. But there’s noise factor, there’s trucks, any business you have you have those kinds of things. There’s a lot of speculation about what it’s going to be in the future. Thing of it is, you have a Conditional Use on this, you have the hammer. If something’s wrong, if something’s complained about, that’s the hammer, you come back, and you discuss it. So those are the kinds of things that I think that in our position as the owner of the property, under the LC-1, we’re still LC-1, we have certain rights, and we know we have to work with the City and with the neighbors, to do the kinds of things, to have the kind of business that will be good for Ocean City. We’re in an area with 56th Street, that’s in an area that has all kinds of businesses that are involved with all kinds of beer, liquor and wine trade. So it’s sort of a natural that it should be here, so the only thing I would tell ya, I don’t want to take up a lot of your time. I support what you have to do, I support the decisions you have to make, and I will agree to whatever you all support, but I think this really needs to be looked at because I think it will be great for Ocean City, and I really think the tank and the bottling should be allowed because we ought to give this firm the chance that they need in order to be successful, because we need successful businesses and restaurants in Ocean City. Not too long ago we were worried about all the restaurants moving to west Ocean City. Here’s an opportunity to have a nice restaurant, okay? Thank you very much. STALEY: Yes, sir. DEITRICK: I don’t want to rebut this if you want to rebut that, but I would say to you that Ocean City Brewing Company had an opportunity to be forthcoming and be a business that’s going to work in relationship to the surrounding area, and it, as you pointed out, is zoned a certain way and it’s not residential. As I’ve pointed out, if you go out there and you open your eyes and you’ll look around, it has become residential. In January, when they came to you with their site plan, the opportunities for them to work with us and be sensitive with residential neighbors next to them would be not to have grain storage for their spent grain on the southwest corner of the property, but that’s exactly what they’d planned to do, exactly. Where is that? That is absolutely right next door to our pool which we use 7 days a week in the middle of the season. The conversation in January with this group was, are there odors concerned with that, well yes, there are. Are you going to put some kind of container on top of that? Well, no we don’t need to do that. Why is that? Well, we’re going to have it picked up every day. Well, how long is that going to be? Well, it’ll be four or six hours and it’ll be sitting out there next to a pool. When this discussion finally ended up, where it landed out of here was, “well, we shouldn’t put a tarp on it because it doesn’t matter, we’ll have it picked up every day by a certain time.” What finally got worked out was “well, we’ll pick it up by sunset.” Well sunset is 8 pm in the summer in Ocean City, next to our pool, yeah? So I say to you, that’s sort of an example of they’re not forthcoming, and they haven’t been forthcoming, and they’re not trying to be good neighbors, even though they say they are. The business planning has not worked out that way. And I still contend, okay, they told you

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10 different times in January, they’re only going to brew a thousand gallons a week. Ask them now and it will be multiples of that. That is not forthcoming. ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? DAVIS: Yes, I do. My name is Joy Davis. I’m president of the board of directors of Sunset Bay and we are adjacent to the Maresol. I reside at 5405 Coastal Highway, Unit #501, Ocean City, MD. My primary residence is 1235 Lakewood Drive, Wilmington DE 19803. We sort of came on board a little late in the process. We were not informed of any of the previous meetings. There had been a change of address in our management, and everything went to the wrong address, and we kind of, we’re going on the coattails of the Maresol, so we are just really learning a lot more about what is going on, and needless to say, we are not happy. Again, we bought in a residential area. We do not rent out our unit as many of our unit owners don’t. We come down for the tranquility and the enjoyment of the beach. I’m a little bit knowledgeable of the bottling business, I know, my husband had been in the bottling business, not beer, a soft-drink manufacturer, so I’m somewhat familiar with contamination, pests, pollution, and just overall noises, and I don’t care, when you get bottles clanking, that’s noise. And if in the summer, if their air conditioning is open, their doors are open, we are all going to hear it. As far as a micro-brewery goes, I have no objection to that, but we’re talking about building on in a small facility, and then adding on, and then today I hear about wine, that’s the first time I’ve heard about possible wine manufacturing. So everything seems to be progressing. We have a fear at Sunset Bay that we would give an inch and next thing you know, we’ve got a yard, and I’m also concerned about the pests that it will attract, whether it’s the mice, the rodents, the cockroaches, which means exterminators for them, and for us. Many of us have pets, we walk our animals, we have beautiful wildlife around us, we have the bay, we have the beautiful birds. I’m concerned about them, I’m concerned about the pesticides. So there’s a lot to take into consideration. I don’t want to repeat a lot of what we’ve already heard. But again, the trucks, it’s going to impact all of us. The trash, it’s going to impact all of us. We all knew when we moved in there there were certain businesses that were already there, but this is just something that I just don’t believe belongs in a residential area, not in a resort area. Dog Fish Head would’ve never been allowed in the City of Rehoboth. They took their manufacturing to Milton. And I don’t know what a facility can’t be found right outside of Ocean City to manufacture what Josh has in mind. There’s plenty of land, there must be plenty of vacant buildings. We’re all willing to support him, but he’s got to support us and be considerate of us, and I understand where he’s coming from, but we’re concerned about our resort, we’re concerned about the quality of life that we have here in Ocean City that we’ve enjoyed for so many years. We’re an original owner in our unit, and we love it here, and we talk to everybody about how wonderful Ocean City is, and I just feel that this is going to impact it in a very, very negative way. I think it’s going to set a precedent; I think there will be other people who will say “hey, if they’re manufacturing at 55th or 56th, why can’t we do it?” So, that’s my thought on this, and I don’t want to necessarily repeat a lot of what’s said, but we do agree with a lot of what Maresol said. I do have some letters here from unit owners, I only have one copy of each. If you’d like to see a couple of these letters, I’d be happy to pass it around. I have a couple of other unit owners here who might be interested in speaking also. Thank you for your time. STALEY: Is there anyone else wishes to speak? Yes, dear?

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ESHAM: Please raise your right hand. Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? KARAMBELLAS: Yes, I do. Hi, my name is Joanne Karambellas. My mother who is 88 years old, legally blind, could not be here, I’m speaking on her behalf. She owns Unit 505 in Sunset Bay. Her home address is, back home, her permanent address is 18520 Clovercrest Circle, Olney MD 20832. We, my mother is elderly, my father is gone, but we started, they started coming to Ocean City in the 1930’s and 40’s. We love Ocean City, we’ve watched it grow, we love it growing. We’re not against change, but we’ve owned properties since the 70’s. Bought our first place in ’71. I was a young girl at the time, we’ve always come here, we love it, we talk about it to other people. We love our unit, it overlooks the open bay. When we purchased it we knew Macky’s was there, we had no problem. We knew Adkins Lumber Yard was there, we had no problem with that, but to have an industrial manufacturing right in our yard is just blowing my mind. I cannot believe this. I’ve been a real estate agent since 1989, primarily in Montgomery County MD. This would never happen there. I’m shocked that Worcester County is allowing this, that Ocean City is allowing anything like this, and I just feel like I would do disservice to my mother and my father, who loved Ocean City. My mother is still with us, thank God, but she is beside herself over this situation, and a lot of people in my building are very upset. Our pool overlooks, you can sit at our pool on the 3rd level, and you’re going to look at the silo, that’s what we’re going to have to see when we look out on our beautiful place, and I feel I’m lucky that my unit’s 505 because the only way I’m going to actually see the silo from my unit is if I look out my bedroom window, but the people in the two bedroom units, their balconies are going to be – their going to sit on their balcony and look at the silo. I know already that we are going to have trouble. We have two parking spaces per unit. We already have trouble with the Macky’s people coming over and parking in our lot; we’ve always got to worry about that. Now we’re going to have trouble with these people coming over and parking in our lot. It’s just very sad, we’re original owners, we love the building, we try to keep it nice. I’ve spent a lot of my mother, our money keeping our unit in tip-top shape, keeping it painted, keeping it nice. I’m always, you know, it’s just very upsetting to us, to my family, and to a lot of people in the building, and in the other two buildings that I’ve spoken to, so, I think that Joy mentioned that we just found out about this, I literally found out about this whole thing two weeks ago, so, I still don’t understand why, Ocean City who always sends my property tax bill, we get that, we’ve never not gotten that. So why couldn’t you have notified us at our home mailing address and told us that any of this was going on? We had no clue, so I don’t think we would’ve let it get this far if we had known anything about this, and I know it sounds like an administrative mess up, but we are very upset. I hope that I’ve gotten through to you all, and I really do appreciate questions that you were asking. I felt that you were really trying hard to voice concerns of the residential people, I just hope that you put some kind of cap on the amount. If you’re going to go ahead and say yes anyway, I think there has to be some kind of cap on how much they manufacture, and I feel maybe all for their own personal use. This distribution thing can get out of control. Thank you so much for listening to me, and if my mom were here, she’d thank you so very much for the same. Thank you. STALEY: Anyone else would like to speak? ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth?

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VAN KIRK: I do. Malcolm Van Kirk, managing partner of the Best Western Ocean City, 5501 Coastal Highway, Ocean City, adjacent property owner. Just a statement. At this point my family and I feel that the Mayor and City Council were trying to put rules in place to protect the neighbors from the unknown of a project of this magnitude. We believe that they were trying to strike a healthy neighborly balance in the area. We support that balance, thank you. STALEY: Thank you. Is there anyone else wishing to speak? Yes, sir? ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and nothing but the truth? O’TOOLE: I do. My name is Stephen O’Toole, I own a condo at Sunset Bay, 5405 Coastal Highway, Unit 309. My home address is 1639 Sadler’s Wells Drive, Herndon VA. I agree with the comments of the people who have gone before me, and like the others, I had no notice that this was going on until about four days ago, but I would say listening to the Ocean City Brewing Company’s comments. It appears to me, they don’t know what they’re doing, they don’t know what their plans are. It’s going to be a continuing revolving door of getting permission for something, asking for something else. I don’t understand yet what exactly they intend to produce in there or how much, and that’s a concern. I’m also concerned about traffic, noise, varmin and so forth. Thank you. ESHAM: You must come back to the…and your name again? DAVIS: Joy Davis. Our private parking lot was ripped up while they were doing some construction, and to date, it’s not been repaired. They had to rip it up for an electric line, and it was supposed to have been fixed. The season has begun and our parking lot is still not fixed. Thank you. STALEY: Anyone else wishes to speak? Questions by the Commission? GILLIS: I just have some comments. I had the pleasure of serving on the Salisbury-Wicomico County Planning and Zoning Commission, and one of the biggest conflicts there was rural agricultural and residentials and where residential developments would be plopped in the middle of a farm field and then all of a of sudden, all the residents complained about the farming operations, whether it was grain delivery, or chickens, or what have you, or odors, or what have you, but they were plopped, their developments, in the middle of a farm field, and that was a big problem in that type of conflict of zoning issues. And here we have an industrial type zoning with the allowed Ocean City Code which I understand it allows residential properties in, you could down zone, or put that kinds of properties in there. So we’re going to have those conflicts because it’s inherent in our code. So that’s a concern we have today, we’ve had before, and we’re going to have continue unless that’s fixed. We’ve had an exodus of businesses on this island for the last ten to fifteen years. And when you want to go to a restaurant, it’s typical to go to west Ocean City or some other place, and so all I’ve heard from the Planning Commission before is that we need to encourage businesses to locate here, and operate other than condominiums. I think it was George Patton that said I’d rather implement an imperfect plan than never implement a perfect plan, and I think we have some young entrepreneurs who don’t exactly know what their plan is, but they’re moving forward with it, and nothing I’ve heard so far tonight that they don’t have a general plan. But do they

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have a business plan that itemizes every decimal point, and every gallon, and every tank? When you deliver milk, you package it in little cartons, you package it in pints, you package it in half-gallons, you package it in gallons, you package in bulk tanks, etc., etc., so I think that one of the things that I’m hearing tonight is that the brewery wants to put canning… TAYLOR: Well, Palmer… GILLIS: …just please. We’ve listened to a lot of testimony tonight… TAYLOR: …well, you might want to close the hearing first and then do discussion. GILLIS: …well, I’m half-way through it, so, if you’ll allow me to finish. We have multiple ways of packaging milk, and I think what these gentlemen are trying to do, is try to package their product in different ways. I’ve heard about dust, I think the auger and the tank, which we’ve already proved would be the way to go with that, I’ve heard that suggestion, I think I’ve heard Mr. Miller and some other people talk about that, I think that is a problem. Noise, when you close the doors, and the canning operation and the bottling operation, that’s going to be contained inside the building. Nobody lives with more noise than I do with Jolly Rogers and Speed World and the announcements and the loud speakers. Property values, if we’re going to testify about property values tonight, we ought to have a real estate appraiser or somebody to offer professional testimony. And I think that these guys have done a good job, and I would hope that this Commission would give a unanimous support for the tank, and the bottling and canning operations tonight. Sorry if I was out of order. STALEY: I wanted to see if there was any more questions. MILLER: I have no questions right now. STALEY: No questions. Okay. Close the hearing. Okay, go ahead. SHORES: The craft beer business is evolving. And over the past 8 months, I’ve learned a lot, so our business plan keeps constantly changing as we talk to other brewers. We talked about Dog Fish. Dog Fish is expanding, they have a whole distillery at their place, and they’re expanding the whole back end as a distiller now, a full distiller in their original location. If you want to address the trucks. We’ve actually taken away all the trucks, about 80% of our truck traffic has been taken away by signing with the distributor, by using the silo, and by bottling and canning. We can go to Baltimore, like Thin City, and produce all of our cans and bottles out of Baltimore, and bring them all in. And then you’re going to have tons of trucks, because we can still sell our cans and bottles, but we don’t want to do that because we want to have a product that’s made on the premise. And it’s not a lot. If we can and bottle five barrels, ten barrels, of each product, it’s not a lot. Where we have to bottle 90 barrels of every brand in Baltimore on their tanks at the contract brewer. We’ve addressed the truck issue, it’s 80% removing, we’ve removed 80% of trucks by bringing a silo and our own little canning and bottling operation. We’re not a big manufacturing or industrial plant. We don’t plan on being a manufacturing industrial plant in Ocean City. We do have plans to open up in west Ocean City, a big plant, just like Dog Fish, but to get started, we have to find out what’s going to sell – cans, bottles, kegs, growlers. We need to have access to all of these, but at a small pace. I don’t want to go buy 50 pallets of bottled beer out of Baltimore, brewed here, on

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the bottle and the can that says “Brewed and Bottled in Baltimore, but Ocean City beer.” I don’t want to have that, I want to find out and evolve as the time goes on. Pests – we have a contract with a great pest company. And the silo actually takes away most of our pests and bugs as it is. We’ve addressed the trash issue. With the silo, there isn’t bags and bags and bags of grain. You can see it now, we have grain up there. Every pallet that comes in, we don’t know what to do with half these bags. It’s going to go right into the big compactor. The noise, we’ve addressed that – doors come down, you won’t even hear it. You won’t hear the bottling and canning any more than us bringing in 15 pallets of cans or 15 pallets of bottles from Baltimore. But we want to start small, we want to grow, but we need to have access to all this to grow. That’s what I wanted to say. MILLER: Would you be willing to put a cap on the amount of production that you’re putting out this year, this first year, and then we’ll re-evaluate in the fall for next year? SHORES; Because we only have the facilities to produce 6,000 barrels if we did our two lagers and our two lights… MILLER: You mean 6,000 a week? SHORES: No no, 6,000 total! MILLER: Well, let’s go back to what we were talking about, the1,000 gallons or whatever we were talking about. SHORES: Okay. Well, here, let’s talk about that. Because it depends on the lager, lager takes 5 weeks to manufacture, for it to ferment. The ales take two to three weeks, so if we use two of our big 60 barrel tanks for lagers, and we use the other 6 tanks for ales, we will only be able to produce, maybe on average, and that’s at full production, that is cranking, non-stop, which is not going to happen, and that’s why Mark, our brew… MILLER: That’s how much? SHORES: 3,000 barrels. MILLER: 3,000… SHORES: I mean I’m sorry, 3,000 gallons per week. That’s cranking full… MILLER: And that’s if you’ve got, bottling, canning, everything. SHORES: Canning and bottling have nothing to do with our production whatsoever. It just adds an extra, we need to have it on the label, and we want to have it as extra products to see what’s going to sell. MILLER: So if we said, we’re going to limit you to 2,000 this year and come back next year if you want to increase production… SHORES: How can you do that? We can’t…

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MILLER: I’m just asking the question. TAYLOR: And he’s already shown that he doesn’t have any regard for conditions. He just wants to have something to sign off on just to come back and say it changed. CROPPER: That would probably be an appropriate condition for the Mayor and City Council to put on it, but they could do that. MILLER: I’m looking at car traffic, truck traffic, and that’s all very pertinent to what we’re talking about, the amount of production they’re putting out. SHORES: But I’ve removed a lot of truck traffic, I have a distributing license in the State of Maryland, we’ve already cut that out. MILLER: I understand, I’m just saying, I think it’s all pertinent, it all comes in as part of the play. I’m just looking at perhaps a limitation on the first year of what you can do, and let you experiment with all the different things you want to do, bottles, cans. CROPPER: (again, Hugh’s statements are unclear because of his position at the front table and not directly in front of the microphone). MILLER: And when you’re talking about bottling and canning, how often were you planning on doing this to this capacity? SHORES: Capacity will only be about 4 or 5 barrels of the week’s batch. MILLER: How often, once a day? SHORES: No, I already told you maybe every couple of weeks. MILLER: Just putting it on record. SHORES: Oh I’m sorry, maybe every couple weeks. Because they wouldn’t come down here, we’d have to have, that’s a long trip for a mobile canning and bottling operation to come down, they would come in and set up maybe 20 barrels. MILLER: And they would shut the door and do it inside. SHORES: 100%. And that doesn’t increase production at all, we’re still going to keep up with production and do kegs or growlers and stuff like that. SHANAHAN: I’d like to ask you a question. Your plan is kind of evolving. It almost seems like your bottling operation right now, brewing is almost, I mean, you don’t have a ton of space, really. It’s like it’s almost like a test. If it’s very successful, the smart plan would be to move off the island to a less expensive piece of property and do you bottling, canning, brewing out there. SHORES: 100%. SHANAHAN: Is that your general plan right now?

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SHORES: That is correct, that is what we plan on doing. We have some property in sight that we’d like to expand on, and that’s where we would bring in, if we were canning or bottling or whatever takes off, that’s what we would build the… you know. SHANAHAN: I mean, I don’t have a crystal ball and neither do you, but it almost sounds like there’s a lot of beer mongering going on, that there’s going to be all these trucks in and out of there all the time. SHORES: But we don’t want… SHANAHAN: And personally I don’t read into that. I know we are responsible for keeping the integrity of the neighborhood, but it is a commercial piece of property. You want to be a good neighbor it sounds like. The best advice I’ve heard is let them get open for a year, see how it goes, and let all the proverbial dust settle, okay? So we should strike some kind of a balance here, because we do need successful commercial operations in Ocean City and as Palmer indicated, they have headed across the bridge for several different reasons, and the first one, because the property is more valuable as a condo, and got built by a condo, and now it’s because we have residential next to commercial and inevitably we’re going to bump heads with the residents. But the commercial beach property has the right to operate, but you have to be a good neighbor. It sounds maybe you could’ve been a little proactive, more proactive with the neighborhood, and as far as they’ve indicated they wanted a little more information from you, I think that might’ve smoothed some things over a bit better but, I don’t see you making a ton of beer out of this place and it turning into this giant industrial park. SHORES: No, not at all. SHANAHAN: And I wanted to comment because I picked up on the fact that you said hey, we’re gonna be looking for another piece of property to really do stuff when the time comes. TAYLOR: (Comment unclear) SHORES: Correct, on the can or bottle… SHANAHAN: But it’s still a commercial piece of property. SHORES: …we don’t want to buy beer made in Baltimore and have it brought in in a can or bottle and sold to our customers. We want to have on the can and bottle, if we want canning and bottling as small as the operation is, just a little bit because the state and federal law, we have to put on there where every ounce of beer comes from; and if it’s brewed in Baltimore, we have to put it on the can. I can’t sell an Ocean City beer stating “brewed and bottled in Baltimore, brewed and canned in Baltimore.” I don’t want to do that, and that’s what everybody right now is doing. Everybody’s going right over the, right to Baltimore and brewing out of um, I can’t think of the contract brewer, Peabody Heights. I don’t want to have that. I want to have a smaller operation, just as small, you see how small that operation is, it’s the size of a hospital stretcher to can and bottle, and then put on our can and bottle exactly “brewed and bottled by Ocean City Brewing Company in Ocean City, Maryland.” And that’s why I want the canning and bottling.

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CROPPER: (Again very unclear – will fill in as I can understand it.) I want to wrap it up and we can take your questions… STALEY: Lauren, do you have any questions? CROPPER: I do want to (unclear). I do want to remind you that the Mayor and City Council and the Zoning Administrator have determined this is a Conditional Use, (unclear) respectfully, (unclear) you have a site where a, this is from the Municipal Record, that was granted a Conditional Use in 1973 (unclear). STALEY: Thank you. Motion to close the hearing? TAYLOR: So moved. STALEY: Peck? MILLER: (Assented with a nod) STALEY: So be it, done. GILLIS: I guess I already said mine out of order, didn’t I? STALEY: You’re alright. SHANAHAN: I’ll make a comment. It looks like, obviously it went by evolution, to check out their operation and learn from people that had been doing it for a long time and so, the silo, which personally I liked initially, I think it gives the building character. Obviously some people consider it an eyesore, I think it’s a matter of opinion, actually. But I think it’s a draw for the building, I think it eliminates that long piece of metal on the south side, and I think it will give it a lot of character. I feel that’s a necessity. I think, looking at the pictures, you could’ve messed it up a little bit to make it look messier but, it looks like it’s a pretty messy operation to have inside, and I think the silo would be a definite benefit. To the business, as well as the neighborhood. That’s my personal opinion, I personally like the silo. Alright? STALEY: Lauren? TAYLOR: Yeah, I disagree. The silo is a rural object, it is an industrial object, it doesn’t belong in the middle of what has become a residential area. The liquor board recognizes too that the character of the neighborhood can be determined, that’s the determining factor. When somebody new comes in, they have to be aware of what’s already there, what is already onsite, and what is already onsite is residential. So I disagree with a lot of people here, but I think to (unclear) to industrial in a residential area in a resort town. We are a resort, again. We’re trying to keep this resort image and I agree with the Mayor and City Council, I’m sure why they did it. And I don’t think neatness is a reason to change that or because it’s easier for somebody or whatever. We have this, when this first was brought to us, it was going to be this little kind of operation; they were just going to brew a little beer, they were going to sell a little beer, they were going to have a restaurant, and then as I mentioned before, all of a sudden, then they went to the liquor board and they wanted to sell five wines and three liquors and the liquor board said no. Then they sign an agreement with the City and the Mayor

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and Council and show no respect for us by saying “well, we agreed, but we came to Planning and Zoning, we agreed with you, and then we went to them, and then we signed everything, we wanted to get open but, really, that was just to get by.” And now we’re back again to do it all over. And once you see that kind of a pattern, we see not transparency in all negotiations, then you wonder, what happens if the restaurant fails. Are we going to brew more beer there? What are we doing to do with that space? Again, we’re putting, we’re upping the anty here, making it more of an industrial use in a residential area. Before it was just kind of a fun restaurant that also brews beer and serves beer, and that’s a whole different concept than where we are now, and again because conditions, clearly they don’t care about conditions. I don’t care if you put on conditions, they’ll come back and say they want the conditions changed. So, you know, my feeling is the, I agree with the Mayor and City Council and I think they made the decision the first go-around and I support that with them. BROUS: I think the silo, lends character to the building, I think it will make things better, again it’s personal opinion, if done right. Otherwise the evolution will cost us. I agree with a lot of changes, it’s not like a year later, oh by the way (unclear). If it’s done right, it could be good, the good news is with the Conditional Use we have the hammer too, it might help. TAYLOR: I think it makes sense about waiting a year and reassessing the operation, it should be considered, I’m not closed to that, but I am for right now. GILLIS: The silo or the canning, or both? STALEY: The whole thing. TAYLOR: The canning probably. CROPPER: The volume will still be the same, the production, whether you can, bottle, or keg or growler. MILLER: My thoughts on it are I think the silo is probably safer way to go for Ocean City Brewing. If I look at, up by Route, by the Bay Bridge, you have that windmill up on the pancake house, Red, Hot & Blue. I mean, it’s not a place for a windmill but you definitely knew were it was and what it was, it defined the pancake house. The silo will define the place from the design standpoint. I think they can make it as attractive as can be and make sure it’s safe and doesn’t get damaged. I think it’s probably the better way to bring the product into Ocean City if you’re going to have it, period. The bottling and canning, I understand the importance of branding your product and having it there, and the importance of brewing it onsite. I think there should be a limitation on what you can produce out of there, and I would strongly hope that this board makes the decision to request the Mayor and City Council to make the limit as to the volume they can pump out of that place. I think that the property is too small from a parking standpoint to have a 6,000 square foot restaurant and a huge brewery, it’s a lot going on. I think we need to look at it, quite honestly I’d be willing to go for a year Conditional Use permit and look at it again next year to see how it works. I don’t want to give a permanent Conditional Use. But I would go for the bottling and canning on the scale that you talked about. I’d go for the silo, because I think it’s safer. I think that you need to prove to all of us and your neighbors that it’s the right thing you’re doing it for, and that’s gong to be over the period, in my mind, a year. And that’s where I have my hopes on.

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STALEY: Well, my opinion is it’s a Conditional Use and if we’re going to have a problem with it it’s going to come back here anyhow. And so I’m in favor of saying yes. I like the silo, I think that’s going to be a vast improvement. As far as the rest of it’s concerned, it’s going to come back to us. If it doesn’t work, we’re going to be the first ones to hear about it. MILLER: I’d like to put the parking of trucks and (unclear) things that we’re looking at a year from now. SHANAHAN: How could you monitor the beer? MILLER: I don’t know. That’s for the Mayor and City Council to find out how they want to handle that. I just need the… STALEY: Well, it’s a guess, all it is is a guess. TAYLOR: Who’s, who’s going to administrate that? MILLER: My concern is the public safety, how the traffic is going to work in that neighborhood itself, and we’ll be able to evaluate that as a whole 9 months from now. STALEY: And if it doesn’t hurt, guess and they’ll come back. MILLER: We’ll do a one-year from the City’s permit office. TAYLOR: Okay, but you say you can put in the silo now, but you really have to take it out… MILLER: If it doesn’t work. Yes, I’m sorry. SHANAHAN: He’s agreed to everything else, he needs to get open. GILLIS: The canning and bottling function, it’s a function of how it’s packaged. The volume, if I’m understanding correctly, will be the same volume, but will be delivered in different containers, whether it’s a growler, or a can, or a bottle, or a keg, or some other method of doing it. So I don’t see where the volume that we originally talked about, whether it’s a thousand gallons a week, or 3,000 gallons a week, it still comes to the number of batch – I don’t know what the big tanks are called - but the large tanks can only produce so much and one day he might be producing more than another day. I don’t know how we’re going to enforce it. MILLER: Well my biggest thing is incumbent upon the operator to be a good neighbor, to make it work, to come back a year from now or nine months from now and say I want to apply for a 5-year permit or whatever, because we’re successful and we want the support of the neighbors to be behind it. And that’s my goal to have it permitted. That’s how, ideally, I’d like to see this come down. Because, I think you’ve got to have a shot, it is evolving, as it evolves, we should be a part of it, we don’t just give a carte blanche, you know, carte blanche, for everything they ask for. BROUS: (unclear) If you get that big, I would hope, you’d move out of town.

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SHANAHAN: It just sounds like it takes some time to brew this stuff and they’re going to consolidate a bunch of it before a truck shows up to pick it up. They’re not going to coming every 3 days, there’s lag time involved as well. I mean, I’m concerned about the traffic as well, but I don’t think it’s going to be as bad as, truck traffic, I’m talking about, and obviously he addressed the delivery traffic. The only other traffic is, (unclear) in the LC-1 parking lot right there. They’ve built a beautiful fence around it, there’s landscaping going around, I actually went there today to walk around so I could talk about it a little more intelligently, and they’ve done a really good job. When you just picture all that lumber sitting back there (unclear). MILLER: (Most of this statement is unclear), One is the service, the other is the parking. STALEY: Now does anybody else have any comments? You want to make a motion? SHANAHAN: I’ll try to make a motion. STALEY: Alright. SHANAHAN: I’d like to make a motion that we approve the silo in this location… TAYLOR: We can’t approve it… SHANAHAN: Recommend, recommend that they approve the location of the silo as indicated. I’d like to recommend to approve the canning and bottling as well. As far as conditions, I like Peck’s idea that the one year probation, that they’d have to come back to us. And um… MILLER: Actually a one-year Conditional Use permit. SHANAHAN: Okay. And I’m sure it will be very self-policing by the people out here if it is approved by the Mayor and City Council. As far as coming back and letting the City know what the problems are. ESHAM: Palmer, did you want to add anything about parking? GILLIS: No, I don’t. I want to keep it clean, this is supposed to go to the Mayor and City Council, I think they’ve heard my concerns. I was coming in here this evening with a whole different point of view on this because that has been so upsetting to me about the backing up into Coastal Highway. But it appears they’ve addressed it and they’ve also assured me that they’ll provide some traffic direction signals. ESHAM: Did you want to make that required is what I’m saying? GILLIS: No, I don’t. Because if it’s a one-year Conditional Use then if they come back in a year and it’s not there, then I’ll have a problem with it then. MILLER: I mainly want to add in there that we want to look at over the year is backing up on Coastal Highway and the big tractor-trailers moving around in there.

35

ESHAM: Well, if it’s coming back on the Conditional Use you’ll be able to consider those issues. MILLER: Okay. GILLIS: I’d like to second Chris Shanahan’s motion. STALEY: Alright, we have a motion and a second. All in favor? COMMISSIONERS GILLIS, BROUS, MILLER, SHANAHAN: Aye. STALEY: Opposed? TAYLOR: Aye. STALEY: I’m not opposed. So we have four, five (5) for, and one (1) against. Respectfully submitted, Karen G. (Kay) Stroud Zoning Analyst June 12, 2014

36

SITE DATA

OWNER: OCEAN CITY BREWING CO.

ADDRESS: 5509 COASTAL HIGHWAY

EXISTING CURB AND SIDEWALK

OCEAN CITY, MD, 21842TAX MAP: 113

PARCEL: 6746

DEED REF: FWH 282/378

PLAT REF:

SS_ _

FLOOD DATA: F.I.R.M.# 245207 0002 F,

EXISTING DOWNSPOUT

DATED MARCH 4, 1986

EXISTING SEWER MANHOLE

ZONE A6 (EL' 8)

THIS SITE IS WITHIN THE ATLANTIC COASTAL BAYS CRITICAL AREA.

BUILDING SETBACKS:

SAWCUT AND REMOVE

FRONT 10'

SIDE 10'

REAR 10'

BUILDING AREA:

PAVEMENT TO INSTALL

EXISTING 17,400 SQ. FT.PROPOSED 17,400 SQ. FT.FUTURE 0 SQ. FT.

BUILDING USE GROUP: MIXED USE SEPARATED

RESTAURANT (A -2) 5,704 SQ. FT.RETAIL (M) 2,040 SQ. FT.

BREWERY (F -2) 9,656 SQ. FT.

REGULAR H/C

REQUIRED: 72 3

PROVIDED: 72 3

LEGEND

PROPERTY LINE

EXISTING CONTOUR

EXISTING PARKING STRIPE

EXISTING FENCE x x x—

EXISTING SWALE

WHEELSTOP, TYR

EXISTING CURB AND SIDEWALK

UNDERGROUND CABLE LINE

UNDERGROUND ELECTRIC LINE E —

UNDERGROUND NATURAL GAS LINE G —

UNDERGROUND SEWER LINE SS_ _

UNDERGROUND WATER LINE W_

EXISTING DOWNSPOUT a

EXISTING SEWER MANHOLE

EXISTING STORMWATER STRUCTURE

N

EXISTING WATER METER

SAWCUT AND REMOVE

EXISTING WHEELSTOP

8'

EXISTING SIGN

n

EXISTING POLE - MOUNTED LIGHT

0

EXISTING TREE

PAVEMENT TO INSTALL

EXISTING LANDSCAPING ROCK

1E 4 ::

EXISTING GRAVEL 0EXISTING LANDSCAPING

PROPOSED PAVED PARKING ` /

PROPOSED LANDSCAPING ROCK t

PROPOSED GRAVEL

I

PROPOSED LANDSCAPING

PROPOSED WALL- MOUNTED 30 WATT LED LIGHT

PROPOSED WALL- MOUNTED 58 WATT LED LIGHT m

PROPOSED PARKING STRIPING

PROPOSEDFENCE

PROPOSED WHEELSTOP

I56th. Street i CONNECT TO

ISEWERMAIN W RADIUS

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2 6S— — —SS— TO REMAIN

G G I \

4

FIRE DEPT . \

30 WATT 30 WATT CONNECTION 1 \ \30 WATT 1

30 WATT 30 WATT

aPROPOSEDSIDEWALK, TYP- 30 WATT

s

II /I

aPROPOSED BUILDING I d30

WATT-N ' T

PROPOSED SILO , •. 20.d' 22.5'

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10 FT.

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31

OPROPOSED TYPI TYP I

HEIGHT) CONCRETE— I

58 WATTRAMP

30 WATTb WAY i 1

58 WATT 58 WATT

8WATT , HVAC UNITS O6' 9.1

1s.o --{ e' 4" ADA COMPLIANT HANDRAIL —^

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04 2 9.0' N

5.1 Siil _ 4.9W V V v.a:r / 4.W t /t - --

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DRAIN OR APPROVED EQUAL VINYL FENCE

c

6' TALLVINYL FEN

4'x4' TIMBEREDGING

REPLACE GRAVELBEHIND 6' FENCE, ASNECESSARY

1 '

REPLACE WITH SUITABLEPLANTING MATERIAL

SECTION C -CNTS

LANDSCAPELEGEND:

BETULA NIGRA/ RIVER BIRCH 5

N

GRAPHIC SCALE

IN FEET )

1 inch = 20 ft.

5 -6 FT. > 3" PER PLAN 100 SF/ 500 SF /

IB &B CALIPER $ 100 $ 500

5 -6 FT. > 1.5" PER PLAN 100 SF/ 1500 SFjB &B CALIPER $ 100 $ 1500

1 GAL. 24" MIN. PER PLAN 50 SF/ 1600 SF

CONT. HGHT / SPRD $ 50 $ 1600

1 QUART 1 - 2' ON 2 SF/ 102 SF/CO CENTER $ 2 $ 102

3702 SF

3702

LAGERSTROEMIA INDICA ' CATAWBA'/ 15

43) CATAWBACRAPE MYRTLE

O = ABELIA ' EDWARD GOUCHER'/ 32

EDWARD GOUCHER ABELIA

Q = LIRIOPE SPICATA/ 51CREEPING ULYTURF

TOTAL103

SAWCUT AND REMOVE EXISTING

IPAVEMENT; PRIWIDE STRAIGHT,

CLEAN EDGE; FREMOVE SURFACEOURSE AND SUBSURFACE STONE

TO A DEPTH OF 1' BELOWSTONE LAYER

Ll EXISTING PAVIING SECTIODe' STONE SLUBSURFACE

tOVIDE CONCAVEPLANTING BED

Catalog NumberTypeDate

Prepared By

EXISTING8 CY.

WHEELSTOP, TYR

Modd

6'

NBCTRICAL 120.277 VAC power Supply wilh surge s otedbn. Paver factor 6 >0.9.

PROPOSED

Powm supply is momNd in child cernad with aluminum housing for coci operation

WHEELSTOP, TYP-

PROPOSEDCOMIPACTOR

PROPOSED

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Mo, and 85W calls ass three.

@ROPOSEDVIN FENCE

W w

1.75" deep back planes M ( saindord B5W; national m 36W and SIW uoiel provides an standard m 85W units) for a 1.75' deep die oast back plate v& 1/2" top/how HITadditional l /Trop/hoOom HIT as wal m back knodcoul. and bock center knackow for cendu8 feed or semors.

W w N o SAWCUT AND REMOVE

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VINYL FEN 1E 4 :: J PROPOSED PAVED PARKING ` / LANDSCAPING BED

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PAD

LA-

I4.25'

5.1 Siil _4.9W V V v.a:r / 4.W t /t - --

J J5r INSTALL NDS DURASLOPE TRENCH PROPOSED &

DRAIN OR APPROVED EQUAL VINYL FENCE

c

6' TALLVINYL FEN

4'x4' TIMBEREDGING

REPLACE GRAVELBEHIND 6' FENCE, ASNECESSARY

1 '

REPLACE WITH SUITABLEPLANTING MATERIAL

SECTION C - CNTS

LANDSCAPELEGEND:

BETULA NIGRA/ RIVER BIRCH 5

N

GRAPHIC SCALE

IN FEET )

1 inch = 20 ft.

5 - 6 FT. > 3" PER PLAN 100 SF/ 500 SF /

IB & B CALIPER $ 100 $ 500

5 - 6 FT. > 1.5" PER PLAN 100 SF/ 1500 SFjB & B CALIPER $ 100 $ 1500

1 GAL. 24" MIN. PER PLAN 50 SF/ 1600 SF

CONT. HGHT / SPRD $ 50 $ 1600

1 QUART 1 - 2' ON 2 SF/ 102 SF/CO CENTER $ 2 $ 102

3702 SF

3702

LAGERSTROEMIA INDICA ' CATAWBA'/ 15

43) CATAWBACRAPE MYRTLE

O = ABELIA ' EDWARD GOUCHER'/ 32

EDWARD GOUCHER ABELIA

Q = LIRIOPE SPICATA/ 51CREEPING ULYTURF

TOTAL103

SAWCUT AND REMOVE EXISTING

IPAVEMENT; PRIWIDE STRAIGHT,

CLEAN EDGE; FREMOVE SURFACEOURSE AND SUBSURFACE STONETO A DEPTH OF 1' BELOW

STONE LAYER

Ll EXISTING PAVIING SECTIODe' STONE SLUBSURFACE

tOVIDE CONCAVEPLANTING BED

Catalog NumberTypeDate

Prepared By

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PROPOSED

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WHEELSTOP, TYP-

and lager 116. Din cmmw h 700 mA. 30W units use one power supphy; 58W unh usegaskefing around lem end Intel bodlplom and homing awls oar cernmNnmws Mo, and 85W calls ass three.Optional diffuser imart ( ADU available for appimBws requiring gremN diffuse fight. usMg' ap Specify optim DBSACCESS WIRING Ho includes I/T t / bNtam NIT.1.75" deep back planes M ( saindord B5W; national m 36W and SIW uoiel provides an standard m 85W units) for a 1.75' deep die oast back plate v& 1/2" top/how HIT

additional l /Trop/hoOom HIT as wal m back knodcoul. and bock center knackow for cendu8 feed or semors.

LA PROP D 3.5'

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HOUSING / I ENS / OPTICS UMtad duminum houstog in brew finish with dam NBCTRICAL 120.277 VAC power Supply wilh surge s otedbn. Paver factor 6 >0.9.polycarboade Nm. Thermoly "idLLOs*lk fouOp *6 innprated hear sink fies Powm supply is momNd in child cernad with aluminum housing for coci operationprovides far maker operaHm and maxmum LED operodul We. Wealhwproof dlkme and lager 116. Din cmmw h 700 mA. 30W units use one power supphy; 58W unh use

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LA - 2 4668

LA - 3 615

LA - 4 240

LA - 5 1100

LA - 6 GRAVEL 280 2 = 140

4

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TOTAL AREA 52 500

TOTAL COVERAGE 45 518

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AREA NAME AREA SQ. FT.LA -1 219

LA - 2 4668

LA - 3 615

LA - 4 240

LA - 5 1100

LA - 6 GRAVEL 280 2 = 140

TOTAL PERVIOUS AREA 6982

TOTAL AREA 52 500

TOTAL COVERAGE 45 518

PROPOSED PLANTABLE AREA 13.3%

SIGN /LOGO99.2 SO. FT.

inrN00

1

111.4'CHANGEABLE

MARGQUEE SIGN

31.9 SQ. FT.

4.4' ---' 2.6'

FRONT VIEW SIDE VIEW

EXISTING ELEVATED SIGN DETAILNOT TO SCALE

PLANS ISSUED FOR:

Review

REVISIONS:

No. Revisionnsan e: Dery

1 Compactor 5/27!14

2 Site Plan Revisions W14

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PROJECT: 14-100 DATE: 615114

DRAWN BY: JLS SCALE: 1' =2V

SHEET:

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SITE PLAN PRESENTED AT THE JUNE 3 PUBLIC HEARING - ONLY REVIEWED BY PLANNING COMMISSION. THE OFFICAL, APPROVED SITE PLAN WAS PRESENTED ON FEBRUARY 4 AND IS INCLUDED AS AN EXHIBIT IN THIS PACKET.

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FINDING OF FACT Addendum 1

RE 13 16100001 CONDITIONAL USE FOR BREWING WHOLESALE

MANUFACTURE OF BEER

Planning Zoning CommissionACTIVITY TO BE LOCATED AT Ocean City Maryland

5509 Coastal Hiqhway Case 6 DOO

Exhibit Date 6

February 3 2014 l cw

1 Population Change

There has been a population change in the neighborhood since the Adkins Companybegan operation in 1973 The Adkins Company was a retail hardware store and lumberyard on the premises The retail hardware store and lumber yard had been abandoned

a few years ago Last year the buildinp was used for a retail clothing store in partSince 1973 the Best Westem Hotel has been built on the pr perty adjacent to the souththe Maresol Condominium has been built to the southwest a commercial neiqhborhood

shopping center has been built on the north side of 56th Street facing Coastal Highwayand Jamaica IV Condominium has been built just west of the 56 Street shopping centeron the north side of 56 Street All of the adjacent uses e asted while the Adkins

Company was in operation

2 Availability of Public Facilities

All public facilities either exist on site and or available to the site

3 Present and Future Transportation Patterns

There are finro primary vehicle entrance exits off Coastal Highway The plans indicatethat handicap parlcing spaces will be provided from the north entrance exit immediatelyadjacent to the front of the buildina The main parking area and loading and unloadingwill take place from the southem entrance exit Discussion took place regarding the tumaround for large trucks serving both the r estaurant and the br ewery Representatives of I

the project explained that the e asting driveway had served the lumber yard for manyyears for large truck deliveries Therefore they do not believe there will be any qreaterimpact on traffic circulation The brewery operation will not be in conflict with therestaurant tra c during restaurant peak hours of operation

4 Compatibility with Existing and Proposed Development for the Area

The existina building is beina utiliaed for a restaurant associated retail and a brewervThe buildina itself is not being enlarged The 4rain storaqe area air cooled glycol chillerwith tank CO2 storage unit and storage area for waste barley product shall be placedinside the brewing operation er Conditional Use agr eement The waste barley product

shall be removed from remises on a dail basis The dumnster which will service both

the brewing operation and the restaurant will be located on a fenced dumpster padoutside at the west end of the southem drivewav

5 Relationship to the Comprehensive Plan

The brewing operation in conjunction with the restaurant and retail uses is consistentwith the Compr ehensive Plan provided the operation does not pnesent itself as an

offensive nuisance such as odor noise alare and appearance to neighborinqproperties

I

f r

Feb 03 14 05 38p p l

PL ANNING AND ZONI NG COMMISSION

Donna Shores Ocean City Brewing Co FILE 13 16100001

5509 Coastal HighwayConditional Use Public Hearing

January 7 2044

PRES NT IN ATTENDANCEPam Buckley Blaine SmithJohn Staley Kay StroudPeck Miller Matt MargottaPalmer Gillis Bob NelsonLauren Tayfor Will Esham AltarneyJoel Brous

This meeting of the Planning and Zoning Commission was held on Tuesday January7 2014 in the City Hall Council Chambers located on Baltimore Avenue and 3 d 5treetOcean City Maryland Parn Buckley Cammission Chairperson called the meefing toorder

BUCKLEY Alright this is the public hearing for this Tuesday January 7 2014 Theitem before us pursuant to the provisions of Article II Section V Conditional Uses Arequest has been filed uncfer the provisions af Section 110 514 uses permitted byConditional Use in the LC 1 Local Comrnercial District to permit a portion of theproposed establishment to engage in brewing similar to other manufacturing andwholesa e establishments listed herein ConcurrenUy a site plan review of proposedmixed use project consisting of the wholesale brewery restaurantlbar and retail areawill be conducted 7he site of the request is described as an unnumbered Eot of the Isleof Wight Plat fu ther described as ocated on the west side of Coastal Highway and onthe south side of 56th Street and known locally as 8509 Coastal Nighway in the 7own ofOcean City Maryland The applicant is Donna Shores file 13 16100001 Prior to alf

public hearings it is necessary that I ask if anyone in the audience has any issues withany of these commissioners taking part in this public hearing If so please say so nowAlright there being no problem with any of the commissioners all of us will continue tosit with Chris Shanahan in absence Alright we ll start with the in roduction of the casefrom Mr Smith

ESHAM Under the penalties of perjury do you hereby swear ta tell the whole truth andnothing but the truth

SMITH f do What would like to do weli first of all after receiving the application wedid post the property on December 18 h and we ran advertisements in the Ocean CrfyDigest beginning on the 18 h and then a week later so we ve advertised 14 days prior tothis hearing and we did send notice to adjacent properties withi a 300 radius that thismeeting was taking place and its purpose The applicant has supplied a set of plans thatI ve given to Mr Esham the attorney as Exhibit 1 as architect er applicant s Exhibitthat shows the architectural features of the layout flf the restaurant and retail store onthe east side of the building which is an existing building and then the breweryoperation on the back side or the west side of the building The building already exists

1

x

Feb 03 14 05 38P P 2

the preperty is zoned LC 9 Local Commercial Dist ict The rnost recent use of thebuilding was a retail store The easterly half of the building was used as a retail t shirtshop up until recently That only happened for a year or so Before that it had set idleand had also been used for rnany years as the Adkins Company hardware store andlumber yard The lumber yard is also or was also a Conditional Use of the property sait has been a heavy use of the property dating back iMo probably the early 70 s if not thelate 60 s sa it s been a neighbor in that neighborhood for many years as a lumber yardRecently because of the resfiaurant the mixed use of restaurant retail and brewery itwas tabulated that they did not have enough parking They can only provide I beiieve72 spaces onsite 7hey went ta the Bvard of Zoning Appeal because under the cadethe brewery based on the square footage would ve required 20 some parking spaceand the Board found that that was not needed for the brewery and that the 70 somespaces was adequate both fo the restaurant the retail and the brewery So they veresolved the issue as to parking and the parking as shown on the site plan is prettymuch the way it has been for the last year or two Prior to the retail store being therehalf of that south side was parlcing and the other half was the storage of lumber on theback west side So it daes present mvre parking today than it did when it did as alumber yard and a retail store But they would iike to utilize the property in that mannermost of the change is on the inside of the building for the operational side of iL You willsee on the site plan that there are some the dumpster and some apparatus that

pertains to the brewery one of which might be the storage of the barley the silo andthey will talk to you about that how it is supplied and utilized and how the waste isdisposed of from the operational side of it We do know there are some questions to be

asked and we ve our wastewater department knows that they have to trap some of thesedimenf prior to it going into our sewer so they will tatk to you about how this operationstarts and finishes and how they distribute their product and the amount of truckdelivery and shfpmen and things of that nature Hours of operation whether or nothere s noise glare dust because when they blow the grainery into the silo iYs just likewhen you go tQ a chicken house and you blow feed into a bin there s gaing to be atruck and an auger and noise of some sort at least at certain times And they can tellyou the capacity and how often ii may be filled and you know what have you which isan exterior And you ve got to the south immediately the Best Westem Motei and thensomewhat southwest you have the Maresol Multi family condominium to the nor h at fheopposite side of 56 Street you have that little strip center and then west of them areother residential as yQU go down 56 Street to the bay including the motel tha Fager shave at the end So that s kind of the immediate neighborhood on that side of the road

and then you have other condominiums on the east side of Coastal Highway All of thewest side of the highway is zoned commercial LC 1 Commercial so it does show thesame zorting classification on adjacent properties As to availability of public servicesbe water and sewer the building has been served with public water and sewer on allprior uses The cansumptian or the need of this operation f rn not familiar with it

whether or not it s adequate they would have to testify as to whether or not they veinvestigated that there s adequate water and sewer as to the size of the lines and the

demand fram this type of an operation And they can talk to you about the vo ume andits needs As far as firaffic flow pedestrian and vehicular you can tell from the diagram

that basically it s ingress and egress from the south side oi the property into thoseparking space there are some immediate parking space to the northeast of the buildingwhich are designated as handicapped parking they come off Coastal Highway directlyinto the handicapped parking but the rest of the parking and the deliveries and thingswill happen on the south side of the building and they il ex9t onto Coastal Highway It IEbe right tum in and right turn out There is no cross over directly at that entrance so all

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Feb 03 14 05 88p p

vehicular traffic will be to the south side of Ehe building except for the handicappedparking and operationally it w311 be to the south side af the building There is some PIIrefer to it as solid waste because once the barley has been utilized and it becomes awaste product they wiil dispose of it and you need to know haw that s going to take I

place because it s it has to be stored and moved from the prope y I cton t want tonecessarily say on a daily basis but a daiiy weskly basis I suspect depending on theoperation So they fl talk to you about that as wefl 1 think as you hear the applicant andif you have any question relative to environmental issues you know light air glaresaund dust odor that they can tell you how they control any nuisance facto shouldthere be one

BUCKI EY Okay

SMIZH And I think tha s basicalfy what they re here to get approval o i ave thebrewery operation and to present their operatianal plan to you for consideration

BUCKLEY Oicay very good We ll have the applicant present their case

CROPPER Sure good evening for ihe tecord my name s Hugh Cropper I re sresentOcean City Brewing Company the applicant By way of background before I came heretonight I called Dale Adkins who is one of the principles in the Adkins Company It sDale his sister Sally who s now a Court of Appeals judge and Richard klolland and hisfamily of Berlin And I asked Dale when the Adkins Company opened in Ocean Cityand it was actually the subject of a somewhat famous court case back there in the alleyand that sort of thing and we double checked and we re pretty sure it opened back in1973 and it operated continuously fram then until about two or three years ago soessentially almost 40 years you had a lumber yard and a building material yard and thatsort of thing If you read the Town Code under 11a 514 one of the Conditional Usespermitted in the LC 1 Commercial Zone is building material stores and lumbe yardsAnd although I wasn t around then Blaine could probably help me I suspect fhat waswritten to accommodate the Adkins Cornpany that was there for some 4d years So Iwould just start off as introduction that we had a Canditionaf Use that was found to beconsistent with the neighborhood matter of fact I woufd suggest to you the Code waswritten to eccommodate that Conditional Use for some 40 years and I think Blaine willagree ihat at least to most people the manufaciure of beer is going to be a lessintensive use than a lumber yard that brought in tractor trailers with trucks and youknaw during its heyday as you know it was quite active So with that introductionwe re here for a Conditional Use and review of the site plan as Blaine pointed out wehave been ta the Board of Zoning Appeals and received the parking waiver and first I dlike o have Mark come right on up and go ahead and give us your ful name

F SCHE Mark Fesche

ESHAM And your address also please

FESCHE 911 Baltimore Avenue Ocean City Maryland

ESHAM Under the penalties of perjury do yau hereby swear fo tell the whole truth andnothing but the truth

FESCHE I do

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Feb 03 14 05 39P p 4

CROPPER Now Mark usually we re brief in fronk of the Planning Commission so bearwith me I just want a little bit of background on this witness Mark when did you firststart in any kind of capacity working for a brewery or working in the manufacture ofbeer

FESCH I got my first job in 1992 with the Deschutes Brewery in Bend Oregon I

CROPPER Okay and what did you do for those folks

FESCHE I started as a keg washer and worked my way up to be a brewer I was therefor four years

CROPPER And how many other brewing companies have you worked for in yourcareei

FESCHE 1 ve worked for four other breweries in the last 2Q years

ROCPPER Okay and what did you do for those folks

FESCHE Qn three of them I was the primary consuitant lead consultant anconstruction and then became the head brewer and on one of them I was just aconsul ant

CROPPER Okay and what was your most recent affiliation

FESCHE My most recent was a head brewer at Husk Hardware FEouse Restaurant andBrewery in FayetteviUe North Carolina for the last four years

CROPPER Okay and what type of operation was that

FESCHE That was a restaurant brew pub that also distributed package goods

CROPPER Would that be similar in operation to what we ve proposed here

FESCHE Yes

CROPPER kay and how would that relate in terms of size

FESCHE It was half as big as what we re doing here

CROPPER About half ihe size And is it fair to say well et me s art over you alsoattended law school and become a lawyer for a brief amounE of time

FESCHE That s right

CROPPER But other than the four years you took off to do that from 1992 until thepresent he saw the light right away chuckle you ve been involved in the manufactureof beer

ESCHE Yes

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Feb 03 14 05 39p p 5

CROPPER Okay and you ve been involved in this projecE really since the inception ofsetting everything up and acting as the prime consultant

FESCHE Yes

CROPPER And if this project does receive all the required approvals you ll be the

manager of the brewing side of the property the manufacture of beer

FESCHE Yes

CROPPER Describe for the Board if you would or Commission what s going tohappen there how much beer you re going to manufacture and that sort of thing whatsupposedly

FESCHE Okay each batch is going to be about 1 000 gallone of beer at a tirne and Iimagine our production schedule wiN be brewing once a week thaYs a conservativeestimate But that will be one day of brewing the next day will be cleaning the nexf daywill be packaging the next day will be loading trucks and taking care of material

CROPPER So you anticipate the active manufacture of beer will about one day a week

FESCHE Yes

CROPPER okay and about how many employees will that require

FESCHE lncluding myself five peuple or less

CROPPER Okay and just as a just information for the Board the Code as iYs writtenrequired 23 parking spaces for that use for those five employees and that s why theBoard of Zoning Appeals we were here and they gave us the parking exception

FESCHE Right we don t need that many parking spots

CROPPER Okay and the brewery area that s in the west side the westerly one half ofthe building that s not a public access area is ihat correct

FESCHE No the public won t be aUowed back there

CROPPER Okay they can see in there through glass but they re nat allowed to beback there

FESCHE Correct

CROPPER So it s your anticipation that if everything goes well once you re up andrunning and moving you 11 do one batch a week which will be 1 000 gallons

FESCHE Yes

CROPPER Okay and you ll brew once a week and that will take about five employeesNow what s the grain that yau use

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Feb 03 14 5 39p p 6

FESCHE It s malted barley

CROPPER Okay and how does that how is that delivered to the premises

FESCHE It li get delivered by a bulk truck and it ll be blown wifh air pressure into oursilo and that silo wil hold enough grain for about 10 batches of beer so that silo will getfilled roughly every ten weeks

BUCKLEY Okay

I CROPPER Okay so when things are going good once every ten weeks they ll comeand fill your silo with the malted barley

FESCHE Right

CROPPER And less in th winter or other times when thi gs are siower

FESCHE That s right

CROPPER Um tell me about you say you make about 1 OOQ gallons of beer Howmuch water do you use ta make that and how much is left over

FESCHE Our standard formula is 7 to 1 gallons Seven gailons of wastewater to makeone gallon of beer About 7 000 gallons of wastewater a week

CROPPER Okay so it wi I be 7 000 gallons and you 1f end up with 1 000 gallons ofbeer

FESCHE Correct

CROPPER Okay and what happens to that wastewater do yau do anything to it tomake sure that iYs taken care of

FESCHE A lot of it is rinse water so it is you know the chemicals that we use to cleanthe tanks with get neutralized with rinse water before going into the drain and our drainsare going to connect it to tanks that settling tanks that are outside the building that willcollect any solids that go down the drain And that wauld be grain that falls on the ftoor

CROPPER Okay so you ll neutralize the water first the clear water first and thensecondly you have a sort of a speciafized grease trap which is a double a doublechambered grease trap that collects the solids

FESCHE Yes

CROPPER And the solids are sort of the leftover grain

FESCFiE Leftover grain that spills on 4he floor and rnaybe some hops that are stored ina slurry form after the boil

CROPP R Okay and what happens to the part that s left over

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Feb 03 14 05 39p p

FESCHE The grain that geis leftover will get put into a large can4ainer which a pig orchicken farmer will come and carry away that day the day we brew and feed it to hislivestock

CROPPER Good so that will be once a week that somebody comes artd picks that up

FESCHE Yes

CROPPER kay and is there other uses that they use that leftover grain for

FESCHE There s some other uses Peopie malce pet food out of it fish food It can beused as compost

CROPPER Some of you might appreciate E asked if you could bait ducks with it butlaughter he said nobody d tried that yet

FESCHE Yet

CROPPER Um backing up The hours of operation when you re brewing what is thatgoing to be

FESCHE That ll be normal business hours

CROPPER Okay like in

FESCHE Daytime

CROPPER Okay we ve been through the number of employees would be typically 5at the max Tell me a little abflut he npise or if there is any noise

FESCHE There I be a refrigeration unit that s outside and iYs no lauder than anyhousehold HVAC unit

CROPP R Okay the actual making of khe beer inside the building wi0 any of thatnoise emanate autside the building

FESCHE I don t think so

CROPPER Okay if I m out on the sidewalk I m not going to be able to hear it

FESCHE No

CROPPER And clearly they re going to be operating a restaurant type bar inside that sonly going to be separated by glass

FESCHE Right

CROPPER Um the we ve been through the delivery sort of but you ve said the graincomes about 90 batches at a time so once every 10 weeks They c me every time you

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Feb 03 14 Q5 39p p 8

manufacture to pick up the waste Other than orciinary like paper praducts and that kindof thing does your side of the operation have any other deliveries

FESCHE Well we ll be sending kegs out to other bars and restaurants Those kegswifl be returned to us at some paint so that is part flf receiving in the brewery

CROPPER Okay

FESCHE Kegs going in and out

CROPpER Okay um but again that would be no different than if 1 went with some kindof use tha dfdn t require a Conditional bought a keg of beer had a pa fy and took itback

FESCHE Sure

CROPPER Tell me about the odor if any associaied with this

FESCHE During the brewing process there are stacks that teave from the kettle outthe roof of the building and there s some smell associated with brewing ft s usually nomore offensive than a bakery And the brewing prdcess is about 4 or 5 hours of a dayso just one day a week 4 or 5 hours there might be some odor outside the restaurantoutside the building

r

CROPPER But in your opinian it s not offensive the odor

FESCME No no

CROPPER Of making the beer and that s been your experience at the other fourbreweries where you ve worked

FES HE Yes

CROPPER And they ve had a similar type odor Does the type of beer that you brewdoes the odor vary depending on the type of beer that you brew

FESCHE Very little

CROPPER But it would take a real connoisseur to go by and smell it

FESCHE Yes I could tell it

CROPPER kay we ve been through the frequency of the brewing how about anyhow ab ut any light or glare or shine or anything like that

FESCHE Not that I m aware of na

CROPPER Okay this is all in the rear of the parking ot outside you re going to havethe storage facility for the grain right

FESCHE Yes

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Feb 03 14 05 40p p 8

CROPPER And that grain gets blown in and then everything else is housed completelyinside the building

FESCHE Yes

CROPPER And it s in an area that there s no public access

FESCHE Correct

CROPPER The only way the public sees it is to cQme in the retail or bar portion andIQOk in through the glass

FESCHE Correct

CROPPER I can t come in and walk around kick the tanks take a look or anything likethat okay and that will be closed up when you re brewing and it will be essentiallyclosed down just for viewing when you re not brewing

FESCHE Yes

CROPPER Okay and in your experience having been with four breweries 1 000gallons a week that s going to be more than en ugh to serve whaYs going on I meanthings will have to i e going really good to use a 1 000 a week

FESCHE Yes

CROPPER Okay um now what types of a just for the informatian of the board whattypes af beers do you propose to brew there

FESCHE We re going to make a variety of beers some traditional standard styles aswell as some mare new American exotic styles of beer So somefhing from the wholespectrum of beer styles Very fight approachable beers to something that s a li1 le morechallenging

CROPPER Okay

FESCHE It ll be about 12 clifferent styles of beer on tap

CROPPER Okay and you have you ve been in this building obviously many timesnow designing the configuratio of the brewing manufacturing and just for the recordthis is the rehab of the existing building thaYs there

FESCHE Yes

CROPPER And it s your opinion I think yau test ed before the BZA that this is really agood use for this existing

iFESCHE The building is we I suited for brewing yes I

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Feb 03 14 05 40p p lp

CROPPER And probably that s one of the few things a lumber yard or a brewery isone of the few things that this existing building is suited for

FESCHE Yes

CROPPER You ve aiso viewed the area surrounding there and as somebody who sbeen in this business since 1992 do yau beiieve th s use is going to be competible withthe surrounding neighborhood

FESCHE Yes I

CROPPER Okay and again the noise the fumes the glare the e ll be no vibration

I

FESCHE No I

CROPPER and all those types of things will be such that they ll be compatible withthe Johnny s Piva with the condos and with he hotel next door

FESCHE Yes

CROPPER As a mafter of fact just for the board s inforrnation Johnn s Pizza wasYhere re resented b an attorne ap y y t the Board oi Zoning Appeals and when we haddiscussions with them they withdrew their objection to the application

FESCHE 7hat s correct

CR PP R And they re not here tonight That s really all I have for Mark I m sure youguys have some questions because he will be the manager in charge of the brewingoperation

BUCKLEY Okay we will ask him those now

CROPPER Okay

BUCKLEY Who has a question Who s the first one

MILLER I have a question

BUCKLEY Okay Peck

MIL ER You d mentioned 1 0a0 gallons a week conservative What side ofconservative were you going on will you be brewing more or will you be brewing less

FESCHE I think we d like to brew more It s certainly based on sales

MI LER Okay If you did more then you d have more deliveries and more traffic andmore

FESCHE That s fair t say yes

MIl LER Okay

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Feb 03 14 05 40p p 11

BUCKLEY What would be a maximum for this particular business

FESCHE A maximum I would think would be four times a week would be reallypushing it We could probably do two times a week cornfortabiy

BUCKLEY Okay

FESCHE When you say a maximum is that the most you could do or that s the rnostpeopls would consume

BUCK EY No because you ve still got to clean it and all that he s goE to do the wholeprocess it s a three or four day process just to do it

FESCHE Two weeks to a month so yeah we just have to wait for a tank to open upsometimes before we can brew 7here are tiraes when we don t brew far a weekbecause we don t have an empfy tank

MILLER So if you re running full tilt the mast you could be wauld be four brews a week

FESCNE Yes

MILLER Okay

BUCKLEY And I see that as being very difficul

MILLER Well

BUCKL Y Chuckle From what you just said but still but even four okay so thaYsuh that gets you down to delivery down to every two weeks two and one half weeks afthe haps or the grain or whatever it is and then the same for the going out Okay

TAYLOR What is the height of the silo

FESCHE 31 I believe

TAYLOR What

BUCKLEY 31

FESCHE 31 31 feet

TAYLOR So that s like 3 stories

BUCKLEY And how big is it what s it made of metal or concrete

FESCHE I would gusss metal it s an agricultural sila

BUCKLEY Okay alrlght LeYs we don t need coming from the audience so we ll get itanother another time Um agricultural silo Okay

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c t IFeb 03 14 Q5 40p P 12

GILLIS You ve seen them a million times

A EY WiIE there be any smell from the fermenting of the grain and the disposal of itonce its used

FESCHE No because we plan on having the farmer come and take that grain away theday we brew

TAYLOR Yau said though there would be four to five hours of an odor that you ndwonderful but considering you re a brewer that s not too rnuch of a surprise I m tryin9to remember how many condo balconies are going to be affected by that because theremay be people who don t want to sit on their balcony and smell a brewery for four hoursbut I m trying to remember the configuration of those buildings because 1 think there

MILLER The Mares l s back in the back

BUCKLEY The Maresol is in the back and they face west

GILLIS The Best Western that might

TAYLOR The Best Western

MILLER The predominant wind is going to be southwest blowing

BUCKLEY Away from the brewery

MII LER So the guys on the Oceanside are going to smell it more

TAYLOR And I should know how to do this math but I m too tired 1 000 gallons ishow many kegs

FESCHE Um 60

TAYLOR What

FESCHE 80

STALEY 60

TAYLOR So you re going to how many do you think you re going to be how manyseats are in here How many people are you gaing to

FESCHE I think the restaurant holds about 220 seats

TAYLOR So how much are you planning on shipping oui and how much are youplanning on using

FESCHE Um whatever isn t used in the restaurant we d like to ship out

TAYLOR So you would have 60 kegs a week going aut 60 to 120 kegs a week

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Feb 03 1 05 41p p 13

SCHE Yea

TAYLOR And those go oul in trucka

SCFiE Yeah In our box trucks that we own

TAYLOR And how many how many flt in a box truck7

FESCHE 209

TALEY 20

FESCHE 20 kegs in the truck

AYLOR So there s threa

FESCHE In a delivery

TAYLpR So there s three to six loads every

BUCKLEY No no no

ATYLOB two to fourdays

BUCKLEY No 60 is the most they ll have in a week 7hat s 1 000 gallons in that oneprocess and say rieht 20 on premise and say they take out 40 ao that s two deliveries

TAYLOR If they can do fwo or three or 4 000 gallans so

BUCKI EY Okay well that s true that s true okay jusf checking you re right you roright

TAYLOR I m just tryfng to figure out wha the meximum load on that neighborhood isand those the maximum noise that goes i o those condos and those Best Weaternrooms

BUCKLEY Yeah we should a we should ve had a trip to Dogfish up in MiRonBecause that s

G I LL1S Supposed to have had a tour a brewery tour

BUCKLEY I appraise up there a lot and there is odor

FESCHE They are substa tially bigger than we are And they brew 24 hours a day 7days yeah

BUCKLEY Yeah so and ifs sFill surrounded by single family homes they re cantinuingto build there whatever that means A question from Mr Miller

MII LER From a design Sfandpofnt on the larper plan of the bullding itseff you havedining and retail and I realize there s a differe ce in parfcing requirements for dining and

13

for retail but 225 seats sounds like it takes up that front area They re going to be dinirrgin the relall

TAYLQR Right

CROPPER Well they ll only be allowed as many seats as the dining restaurant podionwili permit so we won t be ellowed to exceed however many Bleine can te11 you but

II I n n wnwl n nn nn i nn nw fnn n II hn nlln nd

Feb 03 14 05 49p p l

a The re oin to be dininf r retail wu t 225 seats sounds like it takes up that front are y g 9 9

in the retail

TAYLOR Right

CROPPER Well they il only be al owed as many seats as the dining resfiaurant portionwill ermit so we won t be allowed to exceed however many Blaine can tell you butpyou re allawed one seat per so many square feet and we 11 be aflowed

MILI ER For what you ve set up for parking

CROPPER Yes

Mi R Okay because I guess my cancern is the access and ingress of aIl the trucksand vehicles that are coming in and that all of your customers are going to be parking inthat double row of parking Have you give any consideration to having it access to thestreet to the narth to the back of the building For deliveries and picic ups and trash

and

FESCHE I don t thfnk there s room back there

MILLER From the badc of the building itself though

FESCHE From the back of the building 7h re s no other point of ingress and egress

GILLIS On 56 Street is what he s saying In otherwords efiminate a parking space aparallel parking space

M I R Yeah and have an alley access for all the trucks through the back of your I

prop rty

GILLIS Like maybe here That s what he s referring to

FESCHE Right

MILLER I rnean it s a large building

FESCHE The building right back there would be our brew house

MILLER I m sorry say it again please

ESC f we would try to bring anything into the building there it would come rightinto the restaurant I mean right into our cooler or our brew house

MILLER Well you have a lot of space and I was just wondering for an access it wouldbe nice to have all your delivery trucks not go through your pa fcing lot every single dayespecially in the sumrner time Or if you have some kind of pick up like move yourcooler forward 15 feet I m not sure what your prope ty line is behind that but it sprobably at least 5 or 10 feet correct

FESCHE 5 or 10 feet yeah

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Feb 03 14 05 49p P 2

MILLER Yeah I mean if you even shortened the building by 10 feet you d have analley that would access trash trucks loading trucks hop trucks I mean everything

CROPPER I m not sure I m following you d want to tear off part of the back of thebuilding7

MILLE Exactly Just asking Have you given any consideration to doing that

FESCME They probably had their trucks coming into that parking lot they probably hadmore tnicks and bigger trucks than we re going to have

MILLER But the didn i have a restaurantY

TAYLOR But they didn t have 220 seats either

FESCHE Right well our deliveries are going to happen in the morning and ourrestaurant isn t open until noon

MILLER E just asked if consideration because I have owned a resiaurant and I doknow what trucks do and I do know how food gets dropped off and

FESCHE Sure

MIILER you have the best intentions of when they should be coming to do what theywant to do but if they re running fate and traffics bad you need it So it s always nice tohave a restaurant that has an escape route for anybody who s coming in with worktrucks especially if you re going to be parking all your cars t s a rather narrow parkinglot going back up and I utilized it for many many years myself it Just seerns that nowbefore you build the project out if you can accommodate some Pting that long term isgoing to be a better solution I m hoping you re doing three faur things a day a weekwhatever

FESCHE Sure

MILLER you know the busier you are the more your going to have ta accornmodatethis dawn the road It sesms like now s the time to laok at that because you are going tobe impacting Coasta Highway tra c there

FE E Yes sir The building is existing and we have to work with what we have I

don t see us

IGLLIS Looks like to me between the property line and the west end wall of thebuilding you have at least 12 feet which I think what Mr Miller s saying is if you tookyour cooler the problem with that might be the bringing the materials in But if you tookyour cooler and moved it up somewhat so you could have hallway access I mean hisidea s got a good basis it would allow you to have a truck loading in the back end wall ofthe building ft s a possibility he s just thinking out loud

FESCHE Sure

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Feb 03 14 05 49p p 3

MILLER And now s the time to look at it because six months frorn n w it s way too late

FESCHE I agree I ve been looking at it a long time and I think what we have plannedis the best use of the buiiding I don t see any way we could have an ingress and egresson the 56 h Street side or even the afley way behind the building If you walked backthere you d see that would be a substantial undertaking to try to put a driveway backthere

M LLER I m just saying the back side of the cooler a cooler is a cooler so that cauldbe outside already so it s nat like you re hurting the back wall I mean that s going tv bean inside cooler in that back corner space of the thing so f you pullad the whofe thing10 feet it s just a thought but it would sure make it a lot better for this town you know

long term To have two means of access and egress

BUCKLEY Right And the other thing even and I mean I obviously know nothingabout brewing but even flipping that over the brew house and putting your packagingover there and then you would have maybe some room to at least put maybe when

you re packaging it and then you re shipping it out with the door there

FESCHE The existing overhead door is a large garage door that the forklift can come inand out of It is a

BUCKLEY So that s the main reason that you don t want ta put another overhead daor

in an the north side of the building

FESCHE And there s no loading dack on that side

CROPPER There s parking on the street on the 56 Street side You d have to make acurb cut you d have io remove utilities there

MILLER I m just hoping you re going to be really busy and you re going to have arestaurant thaYs going to be packed with people cars going in and out and then you regoing to have a lot of utility trucks a lot of time

GILLIS Conflict with the functioning of trucks versus the parking

TAYLOR Any idea that you know when trucks are going to come and go is kind of anice idea in theory but the reality is it doesn t really work that way

GILLIS But I rn assurning you know when what yaur hours of operation a e probablynot going to be opening a or 8 o clock in the morning and I m assuming your truckscould come in at that time perhaps

FESCHE I m going to be there at 7 in the mo ning

GILLIS Yeah but you re not going to be open and selling

MILL R Breakfast beer with breakfast

GILLIS Beer cakes beer pancakes

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Feb 03 14 05 49p p 4

FESCHE No

GILLIS Okay

BUCKLEY So where s the delivery for the kitchen The food deliver es

FESCHE The daors that are about half way up the building

BUGKLEY Um hm

FESCHE on the parking lot side

GILLIS Right under the word building on the south wall

BUCKLEY Right here okay

GILLIS Right right here showing the location

BUCKLEY Um um um

GILLIS What are your hours of operation What time wilf you open for the public

FESCHE The restaurant 11 to

GILLIS Okay so you have plenty of time in the maming to

BUCKLEY That s what m saying

GILLIS Yes

BUCKLEY What s this

MILLER IYs outside dining it looks like

GILLIS I had a couple questions

CROPPER I agree with you Mr Gillis but I really don t think pulling the I don t thinkhauling off the kegs of beer is going to be that much of a conflict If they do it in themorning and

GILLIS Right No Peck s i8ea was just trying to be helpful to give them another meansof access

CROPPER It s good to look at it probably better to look at it but you d have to tear upa lot of stuff t get out to 5fi Street

GILLIS Right um I notice on the site plan item 5 is bike racks Is that bike racks

that s a lot of bike racks which is great You re not planning on having a scooter ormoped rentals he e are you

FESCHE No we re not

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Feb 03 14 05 49p p 5

GILLIS Okay are you ioaning the

FESCHE Unless it s a conditional of approval

GILLIS are you loaning bikes are anything like that ls there a reason why there s so

many bike racks

FESCHE Ta be environmentally friendly

ICLLIS I m not being critical 1 think it s a great idea but iYs a lot of bike racks

CROPP R It was requested by the applicant

GILLIS Hey I ride my bike that way

CROPPER they want to promote bring in people from the neighbofiood andpromote that type af access and so quite frankly that area existed

GILLIS Okay in the

CRO E 7hey thought it was a good use of it

G LLIS in the southwest comer it Iooks like a fenced in area that s not that doesn tsay anything what is that fenced in area for it s south of item let s see south of thedumpster

FESCHE Yes that would be where we put the trailer that we re going to put the grain inand the farmer wifl come and pick up that trailer and take it away

GILLIS Okay we all know that that traifer that s holding the grain that s the spentThat s going to definitefy have an odor

FESCHE Yes

GILLIS So is there any type of

BUCKLEY Is it tarped I mean

GILLIS well being new on this I don t care if you tarp it iYs still going to have anador

BUCKLEY Well definitely 8ut that s why he says he s going to have suppasedly he sgoing to have them there when they re emptying it That s the theary

GILLIS Well that was leading to my question of should there be a condition of it needsto be moved every the question i have is that the reality of the situation is the spent orthe leftover grain is definitely going to be stored outside iYs definitely going to have anodor so leading up to the question of Maric is the other four breweries that you ve beeninvolved with have they been in an urban type situatian like this or they have been moreof an industrial type situation like this

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Feb 03 14 05 50p p 6

IFESCHE No downtown settings

GILLIS Downtowns okay So has it been more residential or has it been more

FESCHE Mixed use residential

GlLLIS Okay alright The you re going to have screw augers coming into and or intoar out of the silo

FESCHE Out of th silo

GILLIS Into the build ng

FESCHE into the building

GILLIS Will they be enclosed screw augers7

FESCHE Yes

GILLIS Ukay so there s not going ta be any dust or not much nolse frorn that they repretty iow okay What is the stored going back to the stored grain that s left over whatcan you give us an idea about volume of that Is it a ton is cubic yards or how do you

measure something like that

FESCHE It ll be roughiy two tons dry going in to my process then once it gets wet it sheavier The traile is about the size of this area right here I

GILLIS Olcay so iYs a small trailer

FESCHE it ll hold one batch

GILLIS Okayi

BUCKLEY Now okay

GlLLIS The seven to one ratio that you were presenting ta usi

FESCHE Yes

GILLISi that calculates with the clean up the clean up water

FESCHE Yes

GILLIS Okay so that s included So that s the total water usage excluding kitchen anddining

FESCHE Yes not including the restaurant

GILLIS Okay so it ll use slightly more but not much more Um you know theneighborhood has changed here since The Adkin s lumberyard of however many years

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Feb 03 14 05 5Qp p 7

ago but um IeYs see I did have another question The tanks an the north side the

tanks the pre cast settling settling tanks

F HE Yes

GILLIS How big are those and how deep will they go Approximately

FESCHE I would say they re eight ieet down and probably 250 gailons

GILLIS 4kay will that is that going to hit the water table

FESCHE We ve had discussions about that and we re going to find out

GILLIS I would probably think that it might

BUCKLEY Um hm

ILLIS You re going to need a pad and some tie downs and stuff like that for yourtanks I don t I m not sure how low high the water table is there but you re going tohave an issue with that just bring that up for your consideration And item 6 is agrease trap Is that grease trap the same size it looks per scale on the drawings aboutthe same size but would it be the same size I don t think it would be would it

BUCKLEY Now that s for the sedlment right

L S WeII the g ease trap

TAYLOR No that s for the restaurant

GILLIS 6 is for the restaurant for the kitchen But 7 and 7 is for a settling tank isfor the brewery or far um

FESC E The brewery yes

GILLIS Okay looks like they re in the same waste line is that or is it inte ruptedsomehow Well that s your City of Ocean City plumbing problem thaYs theirs to deafwith Anyway those tanks you may have some issuss with those as far as the watertable goes Um I think I have a couple other questions but maybe somebody else hassome

BUCKLEY Okay

BROUS Are you bottlirtg beer also or is it just the keg

FESCHE Just the kegs but eventually we also want to can beer

BROUS Okay that s it I don t see a problem with the deliveries i think they ll get themaut early in the morning and E mean you know iYs their product it s not like Holt arsomeone Sysco But if it s their be r it should be in the morning or even the earlyafternoon I can t see other than a Saturday or Sunday being slammed with cars at noon I

that s my opinion

I

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Feb 03 14 05 50p p 8

BUCKLEY But they re also delivering far the restaurant in there which is Molt and

BROUS Sysco and other than that they can t control that but they can control whentheir beer is going out

BUCKLEY Oh definitety that s not the issue really I guessi

BROUS When their beer is going out they can decide when it s the best time to get thekegs out of there but Holt Sysco etc and all that

TAYL OR How extensive is the menu

FESCHE The menu is standard pub fare abvut three or four pages long

BUCKLEY Okay um

GILLIS I ust have one more usstion1 Q

BUCKLEY Go ahead

GILLIS When the grain is delivered ta the silos how long does that operation you saidit s air blown

F ESCHE Yes

GILLIS Does that create a lot of dust is it contained how is that done

FESCHE The silo it s a brand new silo well it has a

GILLIS Direct connect is it like a connection and it s blown into that

FESCHE Yes and it shouid collect most of the dust and it wi11 probably take us anhour

GILLIS Okay But there s a noise and an operation yeah okay

FESCHE There is some noise

BUCKLEY f have one question on the remains from the brewing that s gaing to be thisthree or four ton on this trailer Now is it just is it ever contained 1 mean enclosed in

anything Does it have a top pn I mean a cover on it It s just sitting wide open

FESC E No it doesn t drip

MILLER Does seagulls like it

FESCHE Seagults probably like it

BUCKI EY And dripping and

21

Feb 03 14 05 50p p 9

GILLIS A small indistinguishable word

BUCKLEY You see that becomes a nuisance I think for residential people Okayalright

FESCHE We re going to keep our parking lot cleaned

TAYLOR The gulls are going to come and land in it

BUCKLEY Yeah I mean it okay alright we ll have to think about that one

CROPPER Put some conditions on the approval we ll have to cover it up and just

MILLER We re just trying to figure it out

BUCKLEY Okay we re just trying to figure it out you know and that s um that s what Ijob is

CROPPER I don t think they want sea gulls picking on it either

BUCKLEY No I don t think they but maybe they hadn t thought about that yet MrCrapper chuckle

MILLER Does it have an alcohol content with that

BUCKLEY Now if it were ducks we d be okay with chuckle

G1LLI Drunk seagulls That could be fun chuckle

BUCKLEY Um anything else for this gentleman Lauren John7 Okay

CROPPER Mark before you go Just a couple of folfow ups I think you really coveredeveryihing Mr Gillis asked yau about the bike racks for the outslde assembly area andyou said hopefully it would assimifate into the neighborhood and you ll attract peoplefrom the other be it Jahnny s Piva or Fager s ve you know attract a Ivt of pedestriantraffic in there

FESCHE Yes

CROPP R And you wanf to encourage that with those bicycle racks

FESCHE Yes

CROPP R And you do have ample handicapped parking out here in the front that s aI

real fact

FESCHE Yes

CROPPER Okay and as we did as you did point vut over and over but for the recordit is a it is sort of a structural existing building hat would dlfficult to retrofit any atheway other than what t is

22

Feb 03 14 OS Slp p 10

FESCHE YBS

CROPPER Okay and y u ve spent a lot of time in that building

EFSCHE I have

CROPPER You were probably thero todayi

FESCHE I was

CROPPER Okay

GILLIS Can I still ask a question

BUCKLEY Let him finish

1C1 S Okay 1 m sorry

CROPPER No no m done What I was going to say is I have other folks here but Ithink Marlt s pretry well covered everything so if you have any other questions goahead he s the best

BUCKLEY Okay

CROPP R He knows beer for 20 years

BUCKLEY Qkay Palmer go ahead

GILLIS This might be a Blaine qcaestion Do these handicap spaces I have troubleenaugh backing up and some would say I m handicapped but I m not handicapped umwould ihere be a better location for the handicap spaces that they won t have to dealwith backing up onto patentially Coastal Highway I mean is it you see how the

geometry warks there

SMITH Yes yes

GILLIS I mean you ve only got another 20 feet to get ta the sidewalk

MSITH Right

GILLIS and it would seem to me that a handicapped person possibly will have morechallenges than maybe sa would it be better from a planning standpoint to have thehandicap spaces on the main parking lot

SM TH No

GILLIS Okay

SMITH The reason being the Federal Laws says that the handicap spaces have to beas immediate to the frant door as possible And they ve got the ramp to the north side of

23

Feb 03 14 b5 51p p 11

that handicap parking that s how they access to get into the building and they are asimmediate to that ramp as you can get If you moved them over into the parking lotou r movin them awa from the ram unless ou redesi ned the ramY e 9 Y P Y 9 P

GILLIS But I think the Federal Law also says reasonable accommodation

SMITH Yes

GILUS Which means that from a life safety standpoint a handicapped person backingup onto Coastal Highway I mean there s nothing that says you can t put a handicapramp on the s uth side of the buifding

SMITH Well and the o her thing you re right in that yau can do a T type turn a oundand drive off the property but reaiistically they re going ta back out

GILLIS Onto Coastal Highway

SMITH You re looking at it That s going to be the nature of the beast There isenough back up potential but it it lends itself to just backing out

GILLIS I see how it works and how it doesn t work at the Minut Market and the

challenges the traffic presents there I m just suggesting as an idea frcm a planningstandpoint that ai least you could split them up maybe or something I don t knowagain I m relatively new to this board but from a geomeiry standpoint it would bebetter to have some on the south side possibly

SMITH Yeah

BUCKLEY And yvu just move that ramp to the I mean down ta where the bicycles areand take one of your little hash marks there and move them right in there

SMITH And that could be done yes

MILLER What we re going to try to do Blaine is make something that s not going toareate a worse situation than what we already have and we have a couple things herethat jump out at me as a restaurant owner and just being in tawn forever I don t seewhere delivery trucks are going to be able to corne in this pEace I don t see how trash isgoing to get in and get out in a timely fashion in the course of the sumrrter I don t seehow they re going to be able to load their trucks and get in and out And what Parkerbrought Palmer brought up with the handicap I mean I understand you re trying to fitlegally what you ve got to get on the prope ty to have the space you need and theamount of square footage but we should be making something better in Ocean City thancreating a new nuisance I just if this place is as busy as it potentially can be that placeis going to be packed for lunch and there s going to be trucks and food and everythingtrying to go somewhere and I don t know where they re going to ga and if they reparked if they re on Coastal Highway thaYs not what we re supposed to be doing Andthere is parking on Coastal Highway on the north side of that street I think yau need toaccommodate where s loading and unloading on this I mean you have two two

FESCHE Where the existing overhead door fs that s where my shipping and receivingtake place

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Feb 03 14 OS Slp p 12

BUC Y We ro talking about the restaurarit here IiMILLER Yeah i m talking about the restaurant I

BUCKLEY You came in wifh a mixed use site plan here

I

MtLL A cake truck and e sysco tnack just came in Where are they going to go onSaturday morning at 11 o clock7

FESCHE they ce goinp fo stage themselves in our paricinQ lot end the deliveries areofng to wme in through thoss twa daubia doors i the middle of the building

BUCKLEY Okay so that s helf your parking lat is down

MILLER We just took 64 feet of trucks and knocked out your paricing spaces

BUCKLEY And then they ve got to badc back out on Coasial Highway

FESCHE How doea it happen on the Boardwalk realistically how does it happen onthe Boardwelk I mean I see the delivery trucke ea iy in the moming

BUCKL Well thaPs an issue ihat we ve had forever we don t want to try to keepcontinuing that

FESCHE Okay I respect that

BUCKLEY conttnuin8 that situatian

MILLER 1 just want this to work for you end right now i don t see how this works

FESCHE I see how It works I do

BUCKLEY Well first of all it s got to have a loading zone stamp on hare of wherethat s supposed to be But right now the delivery trucks are going to have to back outonto Coastal Highway Trucks ere going to have to back out onto Coastal Highway

FE SCME I think a delivery truck can tum around in our

BUCKLEY Not your delivery truck the 18 wheeler

CROPPEFt I don t wanna I think the majority of them I mean lumber trucks for yearaturned around that s e big

MILLER Those are parking spaces Hugh

CROPPER thaYs a big long place

BUCKL But they didn 1 have you didn 1 have parking spaces then

FE FiE indistinguishable too many people talking at once

25

IL1 E Are you going to have cars in those parking spaces or notTCROPPER come back here in ihe rear by theGILLfS You can t make a three point turn with an 18 wheeler in 63 feet

I

Feb 03 14 05 SBp p l

MILLER Are you going to have cars in those parking spaces or not

CROPPER come back here in the rear by the

GILLIS You can t make a three point turn with an 1 S wheeler in 63 feet

CROPPER I bet yau can with anything else

GILLIS Probably but not in 63 feet

CROPPER And I don t think there s many estabfishments in Ocean City new or oldwhere an 18 wheel tractor trailer can do a turn around in an existing dead end parkingIot

GILLIS No I agree

BUCKIEY But they typically can drive through in a Iot of places what we re trying todo anyway

CROPPER Even if you tear off the back of the building a tractor trailer isn t going to beable ta go you A have to tear off a big piece of the building aclually

GILLIS Well you re right you re right about that You can t I mean it s a 20 foot bayor 25 foot bay You re going to have to do either nothing or 25 feet

CROpPER I suggest to you that if trucks back up on Coastal Highway that s an issuebut I don t think that s going to happen because you have several hundred feet Theonly people that they re going to hurt by having a truck sitting there is themselves

MILLER Okay so a truck pulls in nose first into this parking lot on the south side Andit s 11 o clock on Saturday You mean to tell me that they re going to turn around and goout nose first

CROPPER No they re going to have to back out

MILLER Into Coastal Highway

CROPPER If it s but they ve gat no business bringing an 18 wheel tract I don t think

yau re going to see many of those

BUCKLEY No but forget it s forget maybe just a nice big bax truck or whatever theybring in

CROPPER A Sysco panel truck can come there in the back I ll suggest he make a tu nin that in front of that overhead door

MILLER And more oft

TAYLOR Yau re not going to havs a panel truck you re going to have a big truckbecause thaYs what those will run

26

IFeb 03 14 05 58p P 2 II

GILLIS Not an 18 wheeler

MILLER Well and I guess I m just o my own experience with Kitty Hawk Grill at 46Street when the parking lot was the same as this and when they couldn t 8et in thatparking lot they stopped on Coastal Highway and unloaded on Coastal Highway tobring th ir stuff in Which I understand except alI of yours is parking and access Thereis no place to stop on Coastal Highway there

CROPPER They will not stop on Coastal Highway here yeah I mean the police willgive them a ticket the only place they could stop would be at that corner and nobodywill allow them to stop there They re going to have to puil into the parking lot and eithergo to the end and turn around or they re going to have to back out and

MILLER m fistening to you because I don t

BUCKLEY Okay

CROPPER I realize this but I guess this is a site plan issue but 1 just want to I don twant to play lawyer There are two issues here the Conditional Use and the Site PlanAs the site plan issus goes that s important because I guess everybody has thatproblem

MILLER The Conditional t1se I m fine with but is this not the time for us to talk aboutsite plan7

BUCKLEY It says concurrently a site plan review of proposed I rnean you ve asked usto do both comect

CROPPER I m here on both

BUCKLEY Okay alright

CROPPER That s what m talking about

MILLER I mean my personal opinion is I don t know about a11 the rest of the people uphere but I love the concept 11ove everything about it I just want it to work in our townAnd I don t want to create a worse situation that we can t remedy down the raadbecause you put your coolsr back there and didn t want to tear one wall down to make itso people can get in and oui of I think

BUCKLEY You think it s expensive now Wait until you get it all up and running andyou don t have access in that bacEc You re going to want that access to the rear of thatproperty

MILLER I just have been involved and design and businesses in Ocean City for 35years and t just really would hope that you would look at creating a way for trucks to getin and out of that place

GILL IS Mark if you your dumpster pad is identified as item 1 Is it possible that thatdumpster pad and I don t this is geometry question but could that dumpster pad be put

27

Feb 03 14 05 59p p 3

somewhere else and a truck go behind the back of the building on to5fiw

Street You re

saying what is back exactly one way becaus you ve got more than 10 feet it lo kslike you have scale wise about 12 maybe it s 70 feet I don t know

FESCHE There s a fence and a ditch and a mound and some reeds

MILLER And a front end I ader cauld take care of all that stuff

GILLIS Well I mean the point is if you even sometimes with handicap restaurarrts ifyou can show how you can do it 1 think that in the future when you nd out that you doto do it then at least you ll have a way to do it So if the dumpster pad were to be putsomewhere else it would allow you direct access to turn perhaps WhaYs on the west

side of your property line is that parking tot for the Maresol or is that is that hiddenwhat is happening here n the west side of yaur property line

MILLER It s the pool I think the Maresol pool or something

GfLLIS Well okay just go through the pool I mean just chuckle No but is there a

way to get a truck down that alley and out to 56 Street I think everybody s intentionhere is to make this the best for you guys possible

FESCHE 5ure sure and if you kn w if you want to meet me there tomorrow aft

tomorrow and we can look but I think you ll see that there s no way to do it It s toonarrow and a

CROPPER If you It remembe Mr Gillis I m sure you ve been there getting lumber buthis thing s built on a concrete slab and the back of it goes down and the concrete slab

goes down to get into the garage door You e talking about altering efevation you retalking about

GILLIS No no no No all I m talking abou is a way out for the trucks so the truckcomes in unloads and toads or whatever where the double doors are where he has butinstead of backing out onto Coastal Highway he goes nose out to 58 t S reet to create aloop

CROPPER indistinguishable he goes through the building

BUCKLEY Around the back of the building

GILLIS No no no This this there s a least 10 feet back here

CROPPER Again the building is built up on a grade concrete and the back of it goesdown like that so you re going to have a d op off you re gaing to have to raise the gradeback there to

GILLIS That won t be the first time that a right grade has been raised with a retainmentwall

CROPPER But then you re going to have issues with I don t know if yau il havesetback issues I don t know about the Maresol indistinguishable

28

I

Feb 03 14 05 59p p 4

GILLIS For what A driveway Does a driveway have setbacks Okay

BUCKLEY No

CROPPER If i if I have to bring it up I don t know

GILLIS With a retaining wall

MILLER I mean I ll take Mark up on going up there tomorrow morning and going toloak at it with you

FES Great

MILLER I mean I

CROPPER Is this parking 1 mean f think this is parallel parking over here

FESCh That s alI garaf el parking

GILLIS It is so it would mean the City would have to give up a space

CROPPER You ve got to go to Mayar and City Council and have them give up a space

G1LLI Well yeah I agree sfl we ll just

BUCKLEY Well why

MILLER We d that all the time

GtLLiS Yeah

CROPPER Wow let me tell ya I was involved in the parking on the street and the Cityseemed pretty sensitive about giving up

MILLER Well for something to create a situation that doesn t cause sornething bad inthe area

BUCKLEY Plus the fact khat

CROPPER I think the only people it s bad for in my opinion a d it s going to hurt thisbusiness if there s a jam up in the perking 1ot it s going to be their problem

BUCKLEY But why woufd they want to create a situation Hugh that we know s goingto be a prablem

CROPPER I disagree that iYs going to be a problem They bring in the smaller trucksand iYs going to be fine you ve got SO parking spaces there are restaurants that don thave any parking

TAYLO R 72

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Feb 03 14 05 59p P 5

BUCKLEY Yaah

I

CROPPER Or 10 or 15 spaces they ve got 80 they ve got a huge they ve go a sea ofI

pa lcing there We can only hope that that thing wil be full

GiLLIS We want it to be

MILLER I mean I anticipate I think it s going to do really well

BUCKLEY I think yeah

MILLER And I just want to make sure that when you have a couple hundred people atthe restaurant you v got delEvery trucks going it s Jufy and it s raining in August andthey didn t bring their bikes you re going ta have a mess there and i think now s thetime to stop that or address that

CROPPER I agree but any rness is going to be interiar to their

MlLLER Yeah but when you take the tourists of Ocean City and the people that live inthe neighborhaod and you create a detriment to the area that s what w re in charge of

BUCKLEY And it does it does blow out

MILLER ThaYs why we re here is to laok at how it affects the surroundingneighborhood

CROPPER 1 agree I agree but you e asking essentially to tear off a substantialportion of that building because you re going to have to have turn radiuses you re goingto have to get in there change jackhammer out a lot of concrete you re going to have toget rid af parking spaces

IGIlLIS I dan t economics is a hardship

CROPPER I m not saying economics i m just saying I don t even icnow where theutifities are in that slab you re talking about a major project I

GIl LIS And maybe that s not done today buf I m always looking for a way in the futureyou cou d do that so if two years from now he s just blowing the doors out withcustomers there s a way to do that and we re not trying t4 fence him in the corner l don t Ithink to prevent him from doing that in the future

ESHAM One question I have from sitting here listening is if you moved the dumpsterPafiner and created the alley that still wouldn t allow an 18 wheeler to get out ConectThat still would be backing down correct

GILLIS Well a typical lane is 10

BUCKLEY We probably d n t have those coming

GILL IS The typical lane is 10 to 12 feet wide Looks like to me the setback is at least10 fest so f agree with you and the radius would be tight

30

Feb 03 14 05 59p g

M And then ou said earlier in the other truck could turn around and go out hea dESHA Yfirst

GILLIS I believe that any other most any other truck can do that a 3 point turn

ESHAM So I rnean I could see if this would accommodate the backing down of an18wheeler on a Saturday at noon into Coastal Highway traffic but it s not going to

BUCKLEY Yeah

GILLlS Well we re just looking for a way out as an alternative and if it

BUCKLEY Because in my way of thinking is that they ve got parking all back thereYou know so if I m just

SEHAM No I agree I m just wanted to make sure that we weren t trying to get an 18wheeler out of there keep it from backing down

BUCKI EY I got ya I got ya

MILLER You ve got a 20 foot road

ESHAM Right and that s not gaing to happen

MILLER I understand that

GII LIS What do you mean a 20 foot road far an 18 wheeler

MILLER Like the alley we have at 67 Street is 20 foof and an 1 S wheeler does comearound that

GILLIS Well that s the you re talking about a right hand turn here

MILLER Yeah I m just saying right

GILLIS I m still worried about these parking spaces on the front I d fike to go back tothat

ESHAM I think you can turn around in the frant without having to back out

GILLIS Lei me point out an alternative You have five spaces there you have from theedge of the sidewalk to the city sidewalk

ESHAM Are you on the handicap spaces

GILl1S Yes ii

ESHAM Okay

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Feb 03 14 06 O p p

GILLIS You ve got 5 spaces shown on the drawing You ve got 40 feet from thesidewall to the slreet sidewalk If they have a handicap space at 8 5 and 8 which is 21feet you ve got 4fl feet there so you could actualfy have four fa you could have two atI ast facing the north and at least two facing the south So they would back up into theparking lot and not back up into so all I m suggesting is you consider rotating theparking spaces 90 degrees Naw that s four handicap spaces which exactly eplaces thefour handicap spaces And then you you h ve since you re only consuming 21 feet andyou have 40 fest you d have enough room for another space or two I believe But thatway you ve got 60 feet as the distance of the building You have more spac from thenorth sidewall so you could actually have more than enough distance to back up you dhave more than the 63 feet that you d need

MILLER You d have about 38 feet to back up 36 feet

GILLIS Correct you d have plenty of space there to rotate those parking spaces andprevent at all times to have them back up on Caastal Highway which I guarantee youthey will

E A And then that s something we could charge Mr Smith with figurin aut

GILLIS Yeah but well the geornetry works that way 8 5 and 8 parking they ve got avan parking space I mean it I work

BUCKLEY AlrEght

TAYLOR Well they have to come back with an actual site plan

GII LIS Oh okay

TAYLOR So assuming that they get the Conditional Use which we haven t gotten tothat part yet

BUCKLEY Well they re asking for a site plan review tonight as well

TAYLOR Well this is not a site plan

BlJCKL Y so we re going to have to give we re going to have to give them directionon that

7AYLOR This has nothing it doesn t have landscape you know this is not a site plan

GILLI Well I guess I don t know about them but it looks like to me they re actuallyphysically doing something so I think they would probably want a good idea tonlght ofwhat concerns we have they could come back with landscaping perhaps on the finalsite plan but i think they would probabfy want to hear as much as they can from us

OPPER This is not the usual site plan review because the building already existsthese concrete areas already exist so

GILLIS Uh huh well they can change

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Feb 03 14 06 OOp p

TAYLOR But you re a change of use

EY You re a big change of use

CROPPER I understand it is that s why I understand that s why we re here but I vegot to say with all dus respect yes we would like directian but as far as building and iheparking and the oonditional use we would like to ask for your approval tonight

TAYLOR Right but we re going from a retail operation of some limited nurnber ofpeople using to a manufacturfng and retail and dining establishment

GILLtS 220 seats

I TAYLOR so it s a significant change of use and a significant change of the buildingand the parking

CROPPER I don t think it is 220 seats Palmer it s however many seats we can get inthe

GILLIS That s what he his testimony was 220 seats

CROPPER Well he will be standed corrected by the Pope because however manyseats you can put in 4800 square feet is it

MILLER I ll let you know in a second

GlLLIS WeA whatever it is iYs going to be more than the 3 or 5 customers that arethere at Adkin s Company

TAYLOR Righf

BUCKLEY Okay Let me get controf back for a minute

TAYLOR Can I ask a question just because I m curious How does the food get in thekitchen7

GILLIS The side doors

BUCKIEY It goes through the dining rvom

GfLLIS Through the dining room yeah right here

TAYLOR So while you have customers there you can bring food in to the kitchenagainst the bar

CROPPER Can I back up and explain myself a little more clearly now that I think I vegot my thoughts together I would and I know Peck respectfully said he was supportiveof the Conditional Use I appreciate that We need your decision on the Conditionaf Useso we can go to the Mayor and City Council so that s why we would like that decision

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Feb 03 14 06 OOp p 9

GILLIS Do you wanna split it up Do you want to do the Conditianal Use and thenhave comments on the site plan

BUCKLEY Hold on a minute Mr Gillis let me first of all we want to correct this numberof seating What was that Blaine have you recalculated the number of seats in thisrestaurant

SMITH You can t The reason being the 4800 is the ki chen toilets

BUCKLEY Oh okay Okay okay

SM TH And until you krtow the actual physical use area iF would probabfy be one seatI m sorry

MILLER Per 15

SM17H it s 11 square feet per person

MILLER 95 is what the Fire Marshal says

SMfTH Or 16 in some case

MILLER So you could have 320 seats then if you didn t have a kitchen

SMITH Yeah So you ve got to really

BUCKLEY So it s going to be in the range of 200

SMITH Yeah most likely

BUCKLEY Okay 200 plus or minus That s still a heck of a lot of bodies and as we vesaid before I think maybe Palmer was corcect if we I don t thlnk any of us are verycomfortable an approving the site plan tanight I think you ve heard our issues And it sthe staff knows that this is not a full site plan review that which we are typicafly are givenS um it appears the most irnportant thing is the Conditional Use which is why we arehere for a public hearing so we will continue with that matter and get a determination onthat this evening for sure and then we will discuss the site plan and what should comeback to us

CROPPER Well I want to hear your comrnents on the site p1an

BUCKLEY That s what I m saying that s what we re going to do we re going to get thislet me I have ta go through certain things for a public hearing to ga through the legalpfpGESS sa let s get that done okay And then we ll a I sit here and chew on ourthoughts a little bit on the site plan

CROPPER Well we ve completed our case on the Conditional Use unless you haveany questions

BUCKLEY I understand that Yes So now I have to ask if there s anyone that isopposed to or in favor of this Conditional Use that would like to speak tonight There

34

Feb 03 14 06 OOp p 10

being none does the Commission have any further questions or do they feel they haveenough information for which to ender a decision on this application

MILL R Can i ask a question of the applicant

BUCKLEY Yes you may ask a question of the appficant

MILLER Are you in a position to ensure in the Conditional Use

BUCKL Y Bui speak in here though

MILLER Are you in the position to ensure in the Conditional Use that the storage of theleftaver material will be disposed of in a quick fashion or you ll take care af it so there snot an odor offensive odor in the area

FESCHE Yes yes sir

MILLER kay

BUCKLEY Okay

SMITH Chairman

UCKI EY Yes sir

SMITH I did have one question because the overhaad door is a large overhead doorand then thinking in the summer time the seasonal aspect how often that will be openand shut Obviously it will be open during delivery and that type of thing but would theyleave it open otherwise normally on that side of the building during the surnmer months

BUCKLEY Can you answer that Mark

FESCHE On a hot summer day I think that door would be open

GILLIS Yep but that s not where the offensive the offensive odor is going to comefrom

FESCHE The odor yeah comes out of the pipe

GILLIS To me thaYs a non issue if that door is open or closed because it doesn t daany harm it s that tank that sits on that southwest comer

BUCKLEY And there s not a noise with the operation of the um

GILLIS Not rnuch

FESCHE There s not excessive amount of noise no

BUCKLEY Not that would be normal restaurant noise

FESCHE Pump running forklift running

35

Feb 03 14 06 O1p P 1

BUCKLEY Okay so we ve dealt with the disposal of the remnants We ve talked aboutthe sediment going through the double drain issue we ve discussed the water demanddelEvery of the grain noise lighting obviously it s got to be kept on the parking iot thenumber of employees we ve discussed the hours of operation parking we ve discussedyour experience Is there anything else

STALEY Delivery of the product

BUCK Delivery of the product and the distribution of the product Anything else ina Conditional Use we need to address that I ve missed

MILLER I just have a question

TAYLOR Change of population in the area since that building was open has changedhe neighbo s to the north are different than the original Conditional Use

BUCKLEY But that could be a positive thing in that a restaurant could be needed butwe ve still got to double check on making sure we re covered that they re not going to behandicapped or not going to be um

TAYLOR I mean thaYs one of the Conditional Use questions that has to be addressed I

BUCKLEY Right

MlLLER Can I ask a uestion tao Is the amoun vq t the ofume of water that goes downthe sewer is that something that we re supposed to be addressing or plumbing handiesthat

TAYLOR Well that s why I d like to see a fu11 staff review of the site plan We don thave the Fire Marshal we don t have Water Department we don t have anything

MILLER Blaine my last question could yau answer that

SMITH I don t believe it s the volume that s the issue It s the level of treatrrtent thaYsgoing to became the issue

MILLER TAYLOR BUCKLEY Thai s not us

SMITH That s the effluent No but I do believe in the recommendations of the Mayorand Council thak that has to be resolved with Waste Water if it is acceptable to receive itln that condition

BUCKLEY Right

SMITH or ievel of treatrrtent Because it will affect We know that because we wenito Burlsy Oak in Berlin and that was one of the questions that we raised with the leve oftreatment and that s why he has a settlement tank Eo do what they do And I don t thinkthere s any expert testimony here tonight that that level of treatment reaches where wewant it to be if you wil1 Now t don t knaw what it is personally but I know that is aquestion mark as to the level of treatment of the effluent

36 I

Feb 03 14 06 O1p p 12

MILLER So we would just put as treatment levels to the standards that are acceptableto h Tt e own of Ocean City or Waste Water Department

SMITH Or even MDE even

BUCKLEY Yeah Now what staff this is a question for Blaine sorry Mark What kindof staff review has this had

SMITH It has not been to TRC I don t believe

STROUD TRC is supposed to be Fhu sday ihis was only supposed to be

SMITH Relative to the site plan

STROUD preliminary and then they have to go to TRC

BUCKLEY So they haven t looked at the loca ion of the dumpster7

BMITH And that s the reason why your site plan is critical in that the public hearing isfor the use the site plan will have to go to 7RC but it also needs authorization fromMayor and Coc ncil to endorse your recommendation

BUCKLEY Right

MILLER For the use

BUCKLEY Fo the use

SMITH It would almost be premature to approve the site plan

BUCKLEY Weli that s why I was curious was it was asked that they were doingsimultaneously in the public hearin9

SMITH I think the reason why it was being asked and I think Mr Cropper hasexplained because it s an existing facility with an existing infrastructure that he didn tpe ceive that there was a change that would necessitate a site plan review I wouldsuspect

BUCKLEY Okay

CROPPER Yes

SMITH But questions have been raised that because of factory indistinguishable orwhatever

UCK Y Okay whatever

CROPPER We re delighted to come back on the site plan

SMITH Yes

37

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Feb 03 14 06 O1p p 13

KLEY Alright anyone else have anything they would like to say about this publichearing on the Conditional Use of this piece of property Any other questions Haveenough information to make a cre ta come up with a credible opinion

MILl ER We ll see

TAYLOR Move fo close the hearing

BUCKLEY Alright I ve got a motion from Lauren to close the hearingGILLIS Second

BIJCKLEY A second from Palmer Ali in favor

COMMISSIONERS IN UN SON Aye

BUCKLEY gavel So moved Alr ght 1 believe the appficant would love For us todeliberate this at the mament and giva him an answer so they can move f rward pneway or another So I can start at one end and work my way You want to start LaurenOr do you want to let Palmer start

TAYLOR Palmer can start

BUCKIEY Palmer can start he s new at this we ll I t him

GlLI IS 7 hanks

BUCKLEY feed him to the birds

GtI LIS I share the same concerns about the odor from the stored tank on thesouthwest corner and I think it can be controlled I don t think it s a major prablem I jusihave a concern about and it may maybe instead of insuring or assuring the Boardmaybe we need to be more specific about it either needs to be removed or moved withina certain period of time whether that s four hours ar six hours or 24 hours or somethinglike that because the longer it sits there the more it s going to smell I don t know howyou enforce something Iike that but I rn sure the neighbors will help the communitysupport enforce that by just complaining

1 AYLOR And is there some reason why it can t be cavered II

ILL1S I think he s didn t he say it was covered or wasn k

TAYLOR No he said it wasn t

FESCHE It s not covered f don t know haw much good a cover would do

GILLIS Yeah it s just gonna get

ESHAM Well what about the seagulls though that would be my concern is keep theseagulls out

38

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Feb 03 14 06 O1p p 14

FESCHE My solution is have that trailer taken out immediately

E M Yeah but yeah but that daes not always happen

TAYLOR Right

GILLIS Be realistic whethe thaYs four hours or six hours or eight hours I think weneed to be a little bit more specific to be fair to you sa when you re saying immediatethat means

FESCHE Well then I would say that day

MILLER End of business day

GILLIS Business day

BROUS At end ofi business that day prior to 4 o clock w uld be alright

FESCHE By sunset by

BUCKLEY I think it has to have a cover on it

ESHAM I mean in case it sits for two or three days why can t it be covered as aprecauiion7

BUCKLEY Well if ii sits for three or four hours in the middle of July 4 and you can tget out of the town you might be there for 24 hours

FESCHE Sure

MILLER And if it rains and the sun cames out and then it gets cooked again

BUCKLEY Right

GILLIS Suppose somebody throws some crabs in there or something

TAYLOR Rig ht

GILLIS But anyway that would be rny concern if we can come te some consensus asto how quickly it moves what Lauren mentioned is something I had also had a notedown here about The change in the neighborhood the neighb rhood has changed a lotsince this ast Conditional Use substanti211y since 1973 I don t think it has any negativeimpact on thls use hawever That s a11 I had

TAYLOR Well I had

BUCKLEY Wait a minute you wanted to do this

AT YLOR Are we going to do this okay

GILLIS You wanted me to start now

39

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Feb 03 14 06 O1p p 15

BUCKLEY Let s play nice peopie Mr Brous Joel

BROUS I think it s a great use of the existing property in town and I would think thatlt s more site plan related but as far as parking goes and deliveries I think we re worriedabout a 1 of the time problem when most of the tirne iYs not going to be that fullbecause it s early morning or early afternoon and most of the c rs that are there will beparked way up front by the entrance and the whole back is wide srnpty for turn aroundsI think we re planning for you can t plan for 1 of the process

TAYLOR But the restaurant okay i thought we were going to have a back and forthwith each person

MILLER As a Conditional Use I think it s a great use I m looking forward to it I thinkit s going to be wonderful for the Town of Ocean City I am concemed about the odorsand I m not sure what length term Conclitional Use ar is this a permanent Conditi nalUse or what are you asking for

FESCHE Permanent

MILLER 1 think that one of the things that we have to put with this Condiiional Use is

that we re not a lot you can t have odors and you ve got to spend the money and thetime to solve it and we don t need to be policing it 24 7 You re putting a new product intown it s your product you take care of it I think that you could lose your license oryour Canditional Use if the odors are too

BUCKLEY Abrasive

MILLER hard on the neighborhaod because iYs not something that we as townmembers should be or tax payers should be worrying about so I think it s incumbentupon you to do that 1 think that s a very important thing that we re doing The rest of itas far as the wastewater and things like that think you need to deal with what the Town

of Ocean City is acceptable with and I think iYs all doable I think all of thia is deable butI can t emphasize that the only way I m gaing to let this thing go through is if there is not lia problem with the cxlor Not if it s sitting only for six hours or eight hours or ten hours Iyou just take care of whatever the issue is But other than that I think it s a fantasticproject 1 m looking forvvard to having you all doing it

IBUCKLEY John IISTALEY I think iYs a good project and 1 m looking forward to it I ve seen that buildingempty long enough and I m sure that you people will salve those prablems that we havepresented to you tonight

CROPPER Thank you

BUCKLEY Lauren

TAY R Yeah No it s a great use for a building that you know if quite fimitec in whatyou can do with it because of its size But my concern is the odor thing from themanufacturing and the holding of the by products so I agree with Peck that that has to

40

Feb 03 14 06 02p p 16

be a condition of the condition is that and it is a totalfy different use you re going fromas Patmer said from having five people there at a time tc ha ing cars coming and goingall day and all night Before it was only open from what 7 in the moming til 5 in theafternoan or something Monday thru Friday most of the time

GILLIS Half day Saturdays

TAYLOR BUCKLEY Half day Saturdays

TAYLOR And now you re going to go to a facility that has people coming and going andtrucks cvming and going a I day every day into the night What time are you going toclose

MILLER Two

FESCHE When the last person leaves

TAYLOR Well you know the people who are living now in the residential area to thenorth of you

TALEY Not used to that

1 AYL OR that s gaing to create a ot of noise and problem and traffic

FESCWE Not a prob em

TAYLOR Not for you but for them So I just think there is a big change here in theConditional Use The question with Conditional Uses is it wor e here than anywhereelse anywhere else there s residential it s going to be a problem But I think the siteplan when it comes back has ta be a fuil site plan as though this is brand new project ithas to have the landscaping it has ta have the watar it has to hava the trash staffcomments the whole thing We start over It s a new project iYs a change of useyau re rehabbing a building and that s very interesting and wonderful but it doesn t meanyau get a pass to just open khe door and sta t over And other comment the

restaurant those parking spaces in front of those restaurant doors are where the Syscotrucks are going to park and the U S Food trucks and the liquor delivery trucks and allthose trucks are going to park there because that s where they re going in and they regoing to take up all those parking spaces But that s again that s your thaYs anoperational prcblem So that s what I have

BUCKLEY Okay he one other ihing that I have I m trying to write down all thasethings the one thing that we were talking about with the you knaw when you start to getlnto the operation of the restaurant and that so t ot thing I have ta say I persvnallywalked araund this and I wasn t sure if I don t remember what s on here if we need

we ve got the street as a buffer to the north Now to the south do we need fencing dowe need landscaping on here

M1Li ER Well that s all up to Sunset 6ay whatever it s called

BUCKLEY I know bui I m just saying that that would be a Conditional Use item notnecessarily a site plan item

a1

Feb 03 14 06 p2p p 17

i

I

CROPPER Now by way of testimony and now that Mr Smith is here the ConditionalUse and if yau read our advertisement I don t want to split hairs I m not trying to avoid Ianything I m open to everything But the Conditional Use is for that portion for themanufaature of beer Restaurants and bars and retail do not require Conditional Uses Iso I welcome any comments

BUCKLEY I understand that but you re stifl but if still a third in the back

CROPPER f dan t like the Conditional Use because the restaurant is going to causenoise is not technically what we re here tor

UCKLEY Oh thaYs true

CROPPER the restaurant daesn t require the Conditional Use the manufacture ofthe beer

BUCKLEY Okay but it s amazing when you come with a mixed use project and yeuwant a Conditional Use for almost half of it

CROPPER Well that s fine I m here to

MIL E We can rephrase that Yau love the restaurant

BUCKLEY Love ihe restaurant

MILLER It s not the beer we may have a problem

B KLEY But because o the beer we may have a prablem with your neighbor

CROPPER I m open to evetything but I just want to remind you when you send yourrecommendation or lack of recommendation to Mayor and City Cauncil what we re herefor is the manufacture of the beer 7hat s what requires the Conditional Use

MILLER UnderstandI

BUCKLEY We a e aware of that thank you Okay the only thing I would like to add tothis is due to the Conditional Use on at least a third of this piece of property is to havesome s rt of buffer on the west and the sauth side maybe that could come back on the

site plan when we re looking at that Because I other than that I think it s a I hope itworks I think it s a great use of that building and that location it should be goad andokay so we will 1 wiil entertain a motion on this Conditional Use for the brewery on 56the south side of 56th Street

MILLER And no site plan at all is attached to this

BUCKLEY No site plan is attached A site plan will be coming back they justpresented this so we d have some idea of what was going on this was not intended tobe a site plan We re going with that thought and anyway I I entertain a mo ion for theMayor and Council

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Feb 03 14 05 02p p 18

MILLER 1 ll make a motion

TAYLOR Yeah

MILLER I ll make the motion that we apprcve it the Conditional Use and I m not surehow to say this out there but we d in this approval the appiicant rrtust control any odorsthat come off this property as the result of the manufacturing of beer whether iYs thestorage whether it s the dust whether it s anything anything that cames out from amanufacturing 9tandpoint or the leftovers you have to control it There s no ifs ands orbuts

BUCKLEY The water the effluence

MILLER The water of course that comes out has to be tied in with the Tow of OceanCity Wastewater or MDE allows the Ievel of whatever treatrnent that you re doing to theproduct so those two things I thfnk are the very most things As far as the production ofbeer I think that you need to take inta consideration yaur nsighbors to the south of youand to the west of you and make sure that there are no issues so if there s fencingrequired going out and having a beer with them to figure out what they need and don tneed I think is going to be very important

BUCKLEY Also because of that door being open It might be wanting to have someprivacy

TAYLOR Maybe kegs stack far rentals

MILLER Whether or not yau need to fence or close off but think that s basically whatI m looking for is that yau re not going to injure anybody that s south orwest of youbecause of the production of what you re doing

CROPPER May I ask you a question

BUCKLEY Let us get a second first

GILI IS Second

BUCKLEY Okay we have a second by Palmer Now we can discuss the vote

CROPPER I thought I might ask a question when you say all odors I assume yau refert

MILLER Offensive odors

CROPPER yeah offensive odors yeah because if you go by a donut shop andsmell donuts that s not a

BUCKLEY We r e talking offensive odors and we re taiking the storage that it wouldhave a I would like to add to that that that storage of that be covered whether it smellsar not I just think it needs a cover on it

CROPPER ThaYs not a probfem

43

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Feb 03 14 06 02p p 19

BUCKLEY I didn t think it would be I just think it should be covered

TAYLOR Offensive is subjective f think odors is what you mean because just as he

said in the b ginning there s going to be 5 hours when they re brewing and if you rebrewing 3 times a week just because Mark likes the smell of that doesn t mean thateverybody in the neighborhood is going to like it So if there are complaints about theodors they have to be controlled

MILLER Offensive odors

BUCKLEY Yeah

BROUS How can you say contral oclors

ESHAM ThaYs subjective

BROUS when they re brewing there s going to be odor It s like they how s thatbeing controlled they can treat and controi that trailer off by sunset or whatever you callit but the once twice a week when they re brewing the e s going to be odor in the area

BUC LEY I think we re giving

TAYLOR There can be filters in the chimney if they can do it with coal they can do itwith beer

MILLER 1 mean Natelli did it at Sunset Island he took care of odo s in his awn waywhatever that was I just think offensive odars is what we need that

BUC Y And that s going to be what the people around you complain about Imean

ESHAM I would agree Because as Joel said there s going to be an odor Or elseyou d have to apprave it and say it s got to be odorless and ihat s not reasonable so it soffensive odors

BUCKLEY I think it s offensive odors and that s going to be determined by complaintsright From peop e and they can t just be obnoxious complaints either they have fo besomething that s legitimate Let that decide Okay alright so we have a motion befareus that we are going tv control any ofFensive odors take care of the effluent to the levelthat the Town will approve or the MDE It s a good use the change in neighborhood isgoing to support that we think Timeframe is permanent based on the fact that you cando these continue to take care of the items that we ve reflected with our Conditional

Use and for the production of the beer manufacturing make buffers or fencingwhatever would be necessary I think thaYs even for raising up of the door and youknow just safety you might want fencing back there and the storage of the remains wiflbe covered fenced whatever necessary to keep that from being one of those atiractivenuisances let s say

BROUS Have it taken off by sunset too that should be in there personally

44

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F b 03 14 06 1Op p t

BUCKLEY Out by sunset

BROUS That s my opinion but you all

MILLER He said sure

BIJCKLEY Do I have ii

TAYLQR No Conditional Use runs with the use so if they want to change use again itnesds another Conditional Use

BUCKLEY What do you mean if they want to change use again

TAYLOR If they decide to close down the brewery because there s a problem andwant to turn it into something else they have to come back for another Conditional UseThese are permanent Conditional Use but only for the use of the premises

BUCKLEY It s only for manufacturing

ATYLOR Right

UCKLEY Yes Blaine

SMITH It does bring up a little bit of a point because I remember somewhere in thecanversation with them that there was a possibility that there d be some wineryconnected with this or nof

FESCHE I think we worked that out that we re oin to bu a rivate label fg g y p rom a

distributor so it s not really a part of our business it s just going to have our name on it

SMITH I only say that because I d overheard it

8UCKLEY It s okay

MILLER So not manufacturing of wine

FESCHE Not manufacturing of wine no

TAYLOR Just selling

MILLER Sa this

BUCKLEY Darn it I cauld ve gone for the wine Not a beer drinker

MSITH But your statement abaut this is the use and the only use that is beingapproved any change woufd have to come back through the process

BUCKLEY Exactly Okay sa we have a motion befor us with um

GILLIS Second

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Feb 03 14 06 1Qp p 2

BUCKLEY A second for a favorable recommendation to the Mayor and Councif for this

C nditional Use on this property All in favor

COMMISSIONERS I UNISON Aye

BI CKLEY Aye gavel

CROPPER Thank you

RespectFully submitted

Karen Kay StroudZoning AnalystJanuary 16 2Q14

46

STAFF RECOMMENDATIONS FOR CONDITIONAL USE AMENDMENTS

Hugh Cropper IV Attorney for Ocean City Brewing Company5509 Coastal Highway

June 3 2014

1 Attached is the site plan approval dated February 4 2014 based on the ConditionalUse Agreement made by the Mayor and City Council on February 3 2014

2 The proposed revised site plan depicts the minimum 72 required onsite parkingspaces mandated by the Board of Zoning Appeals on December 12 2013 versus75 parking spaces that were shown on the February 4 2014 site plan andmodifications to the location of the privacy fence on the west side of the propertyas a condition of the Conditional Use Agreement

3 The proposed site plan revisions do not accurately reflect the required parking forthe retail area and the restaurant use plus finro 2 additional parking spaces for thebrewery operation The current building permit was predicated on adjustmentsbefinreen the retail and restaurant uses which have not occurred

Ms Donna Shores

1400 Chicago Avenue 1

Ocean City MD 21842Page Two

Should you need further assistance please do not hesitate to contact the staff at

410 289 8855

Sincerely

Alfred Harrison

Chairperson

cc Mayor and City CouncilDavid Recor City ManagerAll Board of Zoning Appeals MembersHeather Stansbury Kevin Gregory Attorneys for the BoardHugh Cropper IV 9923 Stephen Decatur Highway Ocean City MD 21842File BZA 13 09400023

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1 7 14

TOWN OF

J OG AH G I T YThe White Marlin Capital of the World

MAYOR CITY COUNCIL

PO BOX 158OCEAN CITY

Planning and Zoning CommissionMARYLAND 21843 0158

P O Box 158

Ocean City Maryland 21843wwN oceancitymd gov

410 289 8855 NraYOn

410 289 8703 fax RICHARD W MEEHAN

CITYCOUNCIL MEMBERS

LLOYD MARTINPresident

MARY P KNIGHTCERTIFIED MAIL Secretary

RETURN RECEIPT REQUESTED January 16 2014 BRENT ASHLEY

DOUGLAS S CYMEK

Ms Donna Shores DENNIS W DARE

Ocean Cit Brewin COJOSEPH M MITRECIC

Y g MARGARET PILLAS

1400 Chicago Avenue 1DAVID L RECOR ICMA CM

Ciean li ty M 2 42 CityManager

KELLY L ALLMOND CMC

Dear Ms Shorese

Re Pursuant to the provisions of Article II Section 5 Conditional Uses a request has

been filed under the provisions of Section 110 514 Uses permitted by Conditional Usein the LC 1 Local Commercial District to permit a portion of the proposed establishment

to engage in brewing similar to other manufacturing and wholesale establishments listedherein The site of the request is described as an unnumbered lot of the Isle of Wight

Plat further described as located on the west side of Coastal Highway and on the southside of 56th Street and known locally as 5509 Coastal Highway in the Town of OceanCity Maryland APPLICANT DONNA SHORES FILE 13 16100001

On January 7 2014 the Planning and Zoning Commission of Ocean City Marylandconducted a public hearing to consider the above referenced Conditional Use requestThe Commission considered all testimony and exhibits presented during the hearing andvoted unanimously 6 0 to send the Mayor and City Council a favorablerecommendation for approval of the Conditional Use subject to the following conditions

1 Control of any offensive odors associated with the brewing of beer process andother nuisance factors such as dust noise glare and appearance to neighboringproperties

2 Effluent levels must be to the level acceptable to the Town of Ocean City and orMaryland Department of the Environment MDE

3 Buffers or fencing whichever deemed necessary be placed along adjoining lotlines

4 Storage trailer provided for waste barley product must be covered while storedon the outside and removed from the premises on a daily basis by sunset

Ocean City MDiI Amerlca C

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MAYOR CITY COUNCIL

2 3 14

A

CONDITIONAL USE AGREEMENT

BREWING OF BEER WHOLESALE MANUFACTURE ACTIVITY IN THELC 1 DISTRICT

DONNA SHORES OCEAN CITY BREWING COMPANY5509 COASTAL HIGHWAY

This Agreement made the 4 day of Febnaary 2014 is by and befinreen the Mayor

and City Council of Ocean City and Donna Shores Ocean City Brewing Company and the

property owner The Adkins Company sometimes hereinafte referred to as Applicant s

WHEREAS an Application has been made for a Conditional Use to engage in

brewing wholesale manufacture of beer on the premises hereinafter described

WHEREAS the Planning and Zoning Commission in their capacity as hearing

examiners for the Mayor and City Council of Ocean City Maryland did pursuant to

advertisements in proper form made hold a public hearing on the Conditional Use

Application at 7 00 p m on the 7 day of January 2014 in the Council Chambers of City

Hall 301 Baltimore Avenue in the Town of Ocean City Maryland

WHEREAS the said Planning and Zoning Commission has reported to the Mayor

and City Council their favorable recommendations as to such application all as provided by

law

WHEREAS on the3ro

day of February 2014 the Mayor and City Council has heard

and considered the report and recommendation of the Planning and Zoning Commission as

presented by the Planning and Community Development Department and has decided to

grant unto applicant a Conditional Use to permit wholesale brewing of beer manufacturing

activity The Mayor and City Council made a Finding of Fact Addendum 1 in accordance

with Section 110 122 b and set forth conditions of approval in accordance with Section 110

122 c listed below and reviewed the preliminary site plan dated 1 31 14 submitted to

them by the applicant

1

w

Page Two

NOW THEREFORE in consideration of the mutual provisions and covenants

contained herein the parties do covenant and agree as follows

1 That the Mayor and City Council do hereby covenant and agree that they will

and do grant unto Applicant a Conditional Use to engage in brewing wholesale

manufacture of beer on property described as an unnumbered lot of the Isle of Wight Plat

further described as located on the west side of Coastal Highway and on the south side of

56 Street and known locally as 5509 Coastal Highway in the Town of Ocean City

Maryland subject to the following conditions

1 Adequate Air Scrubbers must be installed to eliminate any potential offensive

odors

2 Install a 6 white vinyl privacy fence on south and west sides of property

3 Applicant is subject to a fee for monitoring and testing of wastewater

4 CO2 tanks and Waste Containers except for dumpster must be inside the

building

5 Grain Storage must be inside the building

6 Waste from spent grain must be kept inside and removed from premises daily

7 Trees planted on the west side of the property to provide a vegetated buffer

screen

8 No canning of beer or wine only kegged beer

9 No outside seating

10 Operation will be closely monitored for any violations

11 Subject to all other conditions set forth by the Planning Commission

12 Security shall be provided during business hours

2

V

Page Three

Section 110 122 Approval Procedures

e Following approval by the Mayor and Council a final site plan shall be prepared

in compliance with the specifications of the Mayor and Council and the requirements of this

chapter and applicable laws regulations and ordinances and filed in the records of the

department Permits shall be issued in accordance with the approved site plan

Section 110 125 Lapse of conditional use

After the Mayor and Council have approved a conditional use the conditional use so

approved shall lapse after the expiration of one year if no substantial construction or change

of use has taken place in accordance with the plans for which such conditional use was

approved or if the Mayor and Council does not specify some longer period than one year for

good cause shown Once a conditional use has expired the provisions of these regulations

shall thereafter govern

Section 110 126 Abandonment of conditional use

Whenever a conditional use which was approved by the Mayor and Council remains

idle or unused for a continuous period of two years whether or not the equipment or fixtures

are removed such use so approved shall be considered abandoned and thereafter shall be

null and void and of no effect whatsoever

Section 110 127 Violation of conditions

Upon reasonable belief that a violation of the conditions imposed upon a conditional

use exists the Planning Commission shall notify the property owner of the alleged

violation s by hand delivery or certified mailing and shall schedule a hearing within 72

hours after said notification After the hearing thereon if the Planning Commission

deteRnines upon a preponderance of the evidence that a violation s has occurred the

Planning Commission may issue a reprimand suspend or revoke the conditional use

3

Page Four

Any party aggrieved by the determination of the Planning Commission may appeal same to

the Mayor and City Council within 72 hours after said determination The appeal stays the

determination of the Planning Commission pending the final determination of the Mayor and

City Council The Mayor and City Council shall hold a hearing as timely as possible The

hearing shall be on the record as established before the Planning Commission and the

Mayor and City Council may reverse affirm or modify the Planning Commission s

determination

2 That the Applicant does hereby covenant and agree that the Conditional Use as

granted above by the Mayor and City Council is hereby unconditionally accepted as

approved by said Mayor and City Council

3 Any amendment or additions to this conditional use site plan shall be in accordance

with Section 110 184

As witness our hands and seals this day of t 2014

WITNESS

49V Z w

Applicant

r erty Own

ISQI ir I CD

R h d Meehan May r

Lloyd M n Council President

4

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Page Five

STATE OF MARYLAND COUNTY OF WORCESTER to wit

I HEREBY CERTIFY that on this day of 2014

Before me the subscriber a Notary Public in and for the State and County aforesaid

personally appeared who did acknowledge the

aforegoing to be his act and deed

AS WITNESS my hand and Notarial Seal

NOTARY PUBLIC

My Commission Expires



before me the subscriber a Notary Public in and for the State and County aforesaid




NOTARY PUBLIC


5

Page Six


I HEREBY CERTIFY that on this day of v 2014


personally appeared L p ywho did acknowledge the



f y

tS

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k NO R PUB IC

FMy Commission Expires r

31 1







NOTARY PUBLIC


6

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FINDING OF FACT Addendum 4

RE 13 16100001 CONDITIONAL USE FOR BREWING WHOLESALEMANUFACTURE OF BEER

ACTIVITY TO BE LOCATED AT

5509 Coastal Hiahwav

February 3 2014

1 Population ChangeThere has been a population chanae in the neiahborhood since the Adkins Companvbeaan operation in 1973 The Adkins Comqanv was a retail hardware store and lumbervard on the premises The retail hardware store and lumber vard had been abandoneda few vears aqo Last vear the buildin4 was used for a retail clothin4 store in part Since1973 the Best Western Hotei has been built on the propertv adiacent to the south theMaresol Condominium has been built to the southwest a commercial neiQhborhoodshopqin4 center has been built on the north side of 56 Street facin4 Coastal HiQhwavand Jamaica IV Condominium has been built iust west of the 56 Street shoppin4 centeron the north side of 56 Street All of the adiacent uses existed while the AdkinsCompanv was in operation

2 Availability of Public Facilities

All public facilities either exist on site and or available to the site

3 Present and Future Transportation Patterns

There are two primarv vehicle entrance exits off Coastal HiQhwav The alans indicatethat handicap aarkina spaces will be provided from the north entrance exit immediatelvadiacent to the front of the buildina The main parkinp area and loadin4 and unloadincawill take place from the southern entrance exit Discussion took qlace recaardinca the turnaround for large trucks servinca both the restaurant and the brewery Representatives ofthe proiect explained that the existin4 drivewav had served the lumber vard for manvyears for larQe truck deliveries Therefore thev do not believe there will be anv Qreaterimpact on traffic circulation The brewerv operation will not be in conflict with therestaurant traffic durinq restaurant peak hours of operation

4 Compatibility with Existing and Proposed Development for the Area

The existin4 buildin4 is bein4 utilized for a restaurant associated retail and a brewerv

The buildina itself is not being enlarged The arain storage area air cooled alvcol chillerwith tank CO2 storaqe unit and storaQe area for waste barlev product shall be placedinside the brewinq operation per Conditional Use aareement The waste barlev product

shall be removed from aremises on a dailv basis The dumpster which will service boththe brewina operation and the restaurant wilf be located on a fenced dumpster padoutside at the west end of the southem drivewav

5 Relationship to the Comprehensive Plan

The brewina operation in coniunction with the restaurant and retail uses is consistentwith the Comprehensive Plan qrovided the operation does not present itself as anoffensive nuisance such as odor noise Qlare and apqearance to neiqhborinqp OD@rt1eS

P Z FINAL SITE PLAN

APPROVAL

2 4 14

STANDARD RECOMMENDATIONS FOR SITE SUBDIVISION PLANSRevised 9 30 13

DONNA SHORES OCEAN CITY BREWING CO FILE 13 16100001

5509 COASTAL HIGHWAY

FEBRUARY 4 2014

1 Trash refuse containers and recycling containers shall comply with the minimumstandards set forth in Chapter 70 subject to the Solid Waste Department approvalAll exterior garbage or rubbish containers shall be screened from the street on all

but one side by an opaque fence landscaping an earth berm or other suitableopaque enclosure The average height of the enclosure shall be one foot morethan the height of the container but shall not be required to exceed eight feet in

height Will need an 8 yard compactor and a letter of liability to be recorded in theLand Records of Worcester County Maryland to drive trash truck onto private

Iproperty for access Also needs 2 clear space all way around and overhead

I2 The project shall comply with all regulations pertaining to stormwater management

Chapter 30 Environment Article III Stormwater Management prior to issuance of

a building permit per memorandum and comments by Gail Blazer attached

3 All construction and or repairs of curb cuts sidewalks and streets and or street

amenities shall be approved by the Department of Engineering and shall beinstalled in accordance with the specifications and standards of that department

4 Any new paving within existing parking lot shall be paved in accordance withChapter 74 of the Town Code

5 The location of transformers shall be subject to the approval of Delmarva Power

and the Zoning Administrator

6 All landscape shall be installed in accordance with Chapter 30 Article VII AtlanticCoastal Bays Critical Area criteria where applicable

7 Location height type and direction of lighting designed per Section 110 876 hLighting Requirements including at a minimum a photometric plan to illuminate siteand off street parking areas expressed in footcandles throughout the property

8 The project is subject to the provisions of the Atlantic Coastal Bays Critical AreasProtection Act

9 The project is subject to impact fees adopted by the Mayor and City Council

Donna Shores Ocean City Brewing CoSite Plan Review

10 After the Mayor and City Council has approved a conditional use the conditionaluse so approved is subject to all conditions set forth in the Conditional UseAgreement and shall lapse after the expiration of one 1 year if no substantialconstruction or change of use has taken place in accordance with the plans forwhich such conditional use was approved or if the Mayor and Council does not

specify some longer period than one 1 year for good cause shown Once a

conditional use has expired the provisions of these regulations shall thereaftergovern

11 Whenever a conditional use which was approved by the Mayor and City Councilremains idle or unused for a continuous period of finro 2 years whether or not the

equipment or fixtures are removed such use so approved shall be consideredabandoned and thereafter shall be null and void and of no effect whatsoever

12 All site plan approvals are subject to building code fire code and all otherapplicable governmental regulations

13 All work shall be completed as shown on the approved site plan and any revisionsto the approved site plan shall be in accordance with Section 110 184

14 Final site plan approval shall expire eighteen 18 months after the date of

approval unless a building permit for the project is obtained prior thereto pursuantto Section 110 52 c 2

15 All sign permits shall be issued in accordance with those signs shown on the siteplan

16 Subject to obtaining a building permit for all site work

Ms Donna Shores

Ocean City Brewing Co1400 Chicago Avenue 1

Ocean City MD 21842Page Two

By copy of this letter the Mayor and City Council will be notified of the Commission srecommendation You are now scheduled to appear before a regular session of the

Mayor and City Council at 6 30 p m on Tuesday January 21 2014 in the CouncilChambers of City Hall located at 3ro Street and Baltimore Avenue in the Town of OceanCity Maryland The Mayor and City Council will have received the public hearingtranscript finding of fact recommendation letter and all exhibits by this date and will notentertain further testimony Please be advised that the Council will make their decision

at that time

If we may be of assistance to you in the meantime please contact the office ofPlanning and Community Development at 410 289 8855

SincerelyPlanning and Zoning Commission

Pam Greer BuckleyCommission Chairperson

Cc Mayor and City CouncilDavid Recor City ManagerAll Planning and Zoning Commission MembersWilliam E Esham III Kevin Gregory Attorneys for CommissionMatt Margotta Director of Planning Community DevelopmentHugh Cropper IV 9923 Stephen Decatur Highway Ocean City MD 21842Richard Holland Jr 113 Ann Court Berlin MD 21811File 13 16100001

Correspondence 13 14

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TOWN OF

OG AI t C I fThe White Mar in Caprtal of the World

MAYOR ClTY COUNCb

PO BOX I58

Replyto Planning and Community Development ocsaNCm

P O Box 158MARYLAND 21843 0158

Ocean City MD 21843o eQn rymd y

410 289 8855

MAYOR

APfII Z3 ZO 4 RICHARD W MEEHAN

CITY COUNGL MEMBERS

LLOYD MARTIN

Ms Donna ShoresidG1

Ocean Cit Brewin CO M YP CY 9 S o

1400 Chicago Avenue 1gRENIASFII EY

Ocean City MD 21842 DOUGLASS CYMEK

DENNiS W DARE

705EPH M MITRECICDea Ms Sho esM vccnxFrra ns

Re Site Plan Review of a proposed mixed use project consisting of a whole ovMD g coa cr u cMsale brewery restauranUbar and retail area The site of the request is rceLLYC nu MO cMcdescribed as an unnumbered lot of the Isle of Wight Plat further describ cas located on the west side of Coastal Highway and south side of 562hStreet and known locally as 5509 Coastal Highway File 7 3 1 6 7 00001

In accordance with the provisions of Division 8 Chapter 110 of the Code of theTown of Ocean City Maryland the Planning and Zoning Commission reviewed theabove referenced site plan on Tuesday February 4 2014 Based on their review anddiscussion the Planning Commission voted unanimously 5 0 to approve the site planpresented subject to the following conditions

1 Trash refuse containers and recycling containers shall comply with the minimumstandards set forth in Chapter 70 subject to the Solid Waste Department approvalAll exterior garbage or rubbish containers shall be screened from the street on allbut one side by an opaque fence landscaping an earth berm or other suitableopaque enclosure The average height of the enclosure shall be one foot morethan the height of the container but shall not be required to exceed eight feet inheight Will need an 8 yard compactor and a letter of liability to be recorded in theLand Records of Worcester County Maryland to drive trash truck onto privateproperty for access Also needs 2 clear space all way around and overhead

2 The project shall comply with ail regulations pertaining to stormwater managementChapter 30 Environment Article III Stormwater Management prior to issuance ofa buiiding permit per memorandum and comments by Gaii Blazer attached

3 All construction and or repairs of curb cuts sidewalks and streets and or streetamenities shall be approved by the Department of Engineering and shall beinstalled in accordance with the specifications and standards of that department

Ocean City MD

IIIznm

Donna Shores Ocean City Brewing CoSite Plan ReviewPage 2

4 Any new paving within existing parking lot shali be paved in accordance withChapter 74 of the Town Code

5 The location of transformers shall be subject to the approval of Delmarva Powerand the Zoning Administrator

6 Ali landscape shall be installed in accordance with Chapter 30 Article VII AtlanticCoastal Bays Critical Area criteria where applicable

7 Location height type and direction of lighting designed per Section 110 876 hLighting Requirements including at a minimum a photometric plan to illuminate siteand off street parking areas expressed in footcandles throughout the propertyCommissioners listed as a condition of approval a photometric lighting planin accordance with the above code section prior to building permit issuance

8 The project is subject to the provisions of the Atlantic Coastal Bays Criticai AreasProtection Act

9 The project is subject to impact fees adopted by the Mayor and City Council10 After the Mayor and City Council has approved a conditional use the conditional

use so approved is subject to all conditions set forth in the Conditional UseAgreement and shall lapse after the expiration of one 1 year if no substantialconstruction or change of use has taken place in accordance with the plans forwhich such conditionai use was approved or if the Mayor and Council does notspecify some longer period than one 1 year for good cause shown Once aconditional use has expired the provisions of these regulations shall thereaftergovem

11 Whenever a conditional use which was approved by the Mayor and City Council I

remains idle or unused for a continuous period of two 2 years whether or not theequipment or fixtures are removed such use so approved shall be consideredabandoned and thereafter shali be null and void and of no effect whatsoever

12 All site plan approvals are subject to building code fire code and all otherapplicable governmental regulations

13 All work shall be completed as shown on the approved site plan and any revisionsto the approved site plan shall be in accordance with Section 110 184

14 Final site plan approval shall expire eighteen 18 months after the date ofapproval uniess a building permit for the project is obtained prior thereto pursuantto Section 110 52 c 2

t

Donna Shores Ocean City Brewing CoSite Plan ReviewPage 3

15 All sign permits shall be issued in accordance with those signs shown on the siteplan Commissioners suggested two additional wail signs one on the southside of the buiiding and one on the north side of the building

16 Subject to obtaining a building permit for all site work

If you have any questions concerning this matter please contact the ZoningAdministrator s o ce at 410 289 8855

SincerelyPlanning and Zoning Commission

Pa rr vPam Greer BuckleyChairperson

cc Mayor and City CouncilDavid Recor City ManagerPlanning and Zoning CommissionWilliam E Esham III Attorney for CommissionMatt Margotta Director of Planning Community DevelopmentHugh Cropper IV 9923 Stephen Decatur Highway Ocean City MD 21842Richard Holland Jr 113 Ann Court Berlin MD 21811File 13 16100001Correspondence 14

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Ocean City Maryland

Case 1 y i 6 i oovo iEx nibif

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Grain Silo Clean Green

Pros

31 ft tall 9 ft round

Takes up less space than 15 30 pallets of super sacks sacks of grainOnly 4 Sft taller than the center of our building so it would blend in

Less traffic

1 full grein silo delivery equals 15 20 truck deliveriesLess noise because trucks deliveries forklifts can be noisy

No chance of the dust dirt from pallet delivery trucks

No need for forklifts pulling pallets from delivery trucksActuallv verv nice lookin

Galvanized Steel Non Reflective Non Shiny so the sun is a non issueGives the building more of a unique feel of a brewery

PREVENTS Rodent Bua or Bird issues Verv Clean and Efficient

Sealed at the bottom and top

Direct feed from Silo to grain bin to mash tun brew house

No Spillage issues No Waste

No chances of rodents or bugs

No chances of grain waste swept into trash bins or out the door

No chances of dust blowing around

No chance of birds nesting or bothering the dry grainGrein Sacks can brins dan erous rodents and bues

Hard to stop weird evasive species from nesting in the dirty sacksRodents could make their home inside the sacks contaminating the grain

eugs could also contaminate the grain

Open to bringing alien dangerous species of rodents and bugs in from trucking train andshipping lines The Stink bug beetle is a perFect example

Grain Sacks are filthv and dis ustinz

These bags are full of dust and waste that are uncontrollable

Non combustible

100 safe

Has proper vents which allow it to breathe

i

What are the Cons Absolutely NoneThis grain silo is clean green

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These are photos from the grain sacks at Evolution Brewery taken on Feb 27 2U14

There is a film on everything from the grain sacks to the equipment from blowing dust It is very dirtynon hygienic

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This silo is galvanized steel has no reflection

The Silo is clean green and very nice looking Once stood up it will actually only block 1 YES I SAID 1small window that actually doesn t have a view of anything anyway If we stick the silo in the middle ofthe pad it would block the door and small window This silo will also only block the view of our parking

lot for a window that isn t even used Aesthetically the silo adds beauty while taking away the look ofthe Adkin s old plain metal building

Bottlin Cannin

Bottlin and cannin are the lifelines of a brewerv Beer is suaqosed to be Canned Bottled

Liquor Packaged Goods Stores

Without canning or bottling we will lose all revenue from packaged goods storesThis is a huge advertising loss and 25 0 of our distributing revenue

Bars Restaurants without tap systems

Many bars and restaurants do not have tap systems but still sell bottled and canned beer Thisrestricts customers from enjoying our beer at these establishments It could be lost revenue notonly for us but for retail establishments that would like to sell our beer

Advertising

Bottling and Canning are the advertising arm of breweries Having cans and bottles allowscustomers to bring our beer into their homes around their families and friends and helps usexpand ourbrand

Dangers of Growlers

By only allowing growlers the customer is limited to what they can take home Keg is outbecause they won t have the space or refrigeretion So they take a growler which is only goodfor 24 48 hrs Explosion If they have to drive more than a couple hours and a growler sits in

over 100 degree heat the growler could explode causing a bad situation for both us and OceanCity This is taken care of with the sale of our pressurized sealed bottles and cans

Size of mobile bottling and canning operetions

These are small and efficient businesses They offer bottling and canning with minimal laborspace noise and time They take the space of a hospital stretcher are usually manned by 2 peopleand operete at a very efficient rate They do not make any more noise than a fountain soda machine

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Bar and Restaurant Oktoberfest Atmosphere

I was once told that There is nothing better than sitting at long wooden tables talking to theperson next to you enjoyfng a fresh beer from the brewery with a plate of hearty foodThis is what we would like to bring to Ocean City Our slogans are Good Beer Good Food GoodPeople Drink Local This is what we wou d like to be known for

The bar area is oln to consist of S5ff lon German Oktoberfest e9 9 g styl tables for a very casual socialatmosphere A piace where you can enjoy a nice social conversation with exceptionai beer and foodThis is what we want to bring to Ocean City

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OCEAN CITY BREWING COMPANY

Off Premise sales for our Beer

We would like to be able to sell our beer for off premise sales right from our retail shop AII cans

and bottles will be factary sealed containers from our produdion facility All beer is made from our own

recipes and produced exclusively by Ocean City Brewing Company This will add to our customer sjoy

and excitement as they will 6e able to take with them a 6 pack or case of their favorite beer Fram thedesigns you wfll see that our merchandise shop is larger than the bar and restaurant combined becausewe will be a tourist destination

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WINE PRODUCTS FOR RETAIL

We would like to sell in our bar restaurant and retail store our own private label wines We arelooking to produce our own red white sparkling rose and dessert wines These will be our own

recipes and produced exclusively for Ocean City Brewing Company These bottles will only be availablein our bar restaurent and packaged goods area of our retail store our goal is to stay ahead of the6rewery game and if demand becomes strong enough we would like to further distribute our beer

wine and liquor brends Thus by selling our own brands of wine it will add to a more product brandingexcitement and attraction to Ocean City Brewing Company

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DISTILLED PRODUCTS FOR RETAIL

We would like to sell in our bar restaurant and retail store our own private labeled distilledliquor products We are looking to produce our own vodka rum gin whiskey etc These will be ourown recipes produced exclusively for Ocean City 8rewing Company These bottles will only be availablein our bar restaurant and packaged goods area of our retail stare Our goal is to stay ahead of thebrewery game and if demand becomes stro g enough we would like to further distribute our liquorswith our beer Dogfish head brewing is now the leader on cross 6randing liquor and beer They nowproduce many distilled produds in their retail store and restaurent By selling our own liquor this willadd to a more unique attradion of Ocean City Brewing Company

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TIPS Alcohol Trainin Certification

Who would Be Certified

Anyone who serves alcohol while working for Ocean City Brewing Company wi l take thistraining and receive their certification This will include all bartenders baz backs servers andmanagers We will provide onsite training

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ENTERTAINMENT LIVE MUSIC

Nothing goes better with a good creft beer then some goad music We aren t talking loud bandswhere you can t hear the person next to you We want our place to be a nice casual atmosphere withsome good tunes We have a planned 16x12 stage area set up for small bands ranging from a singlepiana or guitar to S pieces Nothing over the top because we want the Oktoberfest style where our beer

and food are the main attradion We would like to have music available from 2pm to 12pm The onlyreason we would like to have live music during the day is because of rainy days You know how OceanCity gets in the summer during the rain We don t want music playing during dinner time while therestaurent is packed But if iYs raining in the early afternoon and the bar is crowded what a nice bonusit would be for our customers Remember this is a chilled out relaxed casual atmosphere so very loudcrazy music will not be in the cards And no DJ s

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ENTERTAINMENT ARCADE GAMES

We would like to have 5 6 games with a mini arcade room on the premises for children to passthe time while their parents enjoy the restaurant Absolutely no pool tables The spot aliotted will be asmall room inside the retail area We are only planning on maybe a racing game pinball a coupie clawmachines a souvenir photo booth In the design stage but it would be an Ocean City erewing Companyphoto souvenir some candy machines and a golden tee in the bar area during the slow season

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OCEAN CITY BREWING COMPANY MENU

STARTERS APPETIZERS

BREWHOUSE PRETZEL AN EXTRA LARGE HOUSE MADE SOFT PRETZEL SERVED WITH OUR ALE INFUSEDSPICY MUSTARD BEER CHEESE SAUCE 6 99

CRAB PRETZEL EASTERN SHORE FAVORITE OUR HOUSE SOFT PRETZEL TOPPED WITH OUR SPECIAL

HOUSE CRAB DIP CHEDDAR CHEESE AND BAKED GOLDEN BROWN 12 99

CRAS DIP EASTERN SHORE CLA551C PERFECTLY SEASOIVED FRESH CRAB MEAT SERVED WITH

TOAST POINTS 12 99

BREWHOUSE BLOOMING ONION INSTANT CLASSIC PERFECTLY SEASONED IN OUR BEER BATTER

W OUR HOUSE SRIRACHA AIOLI 9 99

CHICK N TENDERS ALL WHITE MEAT CHICKEN STRIPS SEASONED WITH OUR ALE INFUSED BATTERSERVED WITH HONEY MUSTARD DIPPING SAUCE 8 99

MOZZARELLASTICKS REAL WISCONSIN CHEESE COVERED IN CLASSIC BREADING ANQ SERVED WITH

OUR HOMEMADE TOMATD DIPPING SAUCE 8 99

SWEET POTATO FRIES DRIZZLED WITH HONEY BROWN SUGAR 6 99

1 ITALIAN SUB SALAD VERY UNIQUE HOMEMAOE DICED AND CHOPPED ITALIAN COLD CUT SERVEDOVER BED OF LETTUCE WITH TOAST POINTS 8 99

OCEAN CITY BREW HOUSE EGGROLLS

8 99 I OC BREWHOUSE OR SEAFOOD 12 99

THESE ARE OUR SPECIAL HOMEMADE EGG ROLLS MADE FRESH TO ORDER PERFECTLY SEASONEDWRAPPED IN A WONTON WRAPPER AND FRIED GOLDEN BROWN CHOICE OF DIPPING SAUCE HEINZKETCHUP HOUSE SRIRACHI BBQ HONEY SRIRACHA GINGER HONEY ROASTED GARLIC OLD BAY SPICY

GORGONZOLA OR HORSERADISH BLAZE

CHEESE STEAK SEASONED PEFECTLY WITH PROVOLONE CHEESE

CNICKEN CHEESE STEAlC ALL WHITE MEAT CHICKEN AND PROVOLONE CHEESE

RHILLY STYLE STEAK OR CHICKEN CHEESE SAUCE FRIED GREEN PEPPERSJONIONS

HONEY SIRACHI BBQ CHICKEN INFUSED HONEY SRIRACHA BBQ SAUCE

JERK CHICKEN MARINATED IN OUR JERK SEASONING WITH PROVOLONE CHEESE

THAI CHICKEN HOISEN SAUCE MOZZARELLA CARROTS ROASTED PEANUTS SPOUTS

BUFFALO CHICKfN BUFFALO SAUCE AND MOZZARELLA1

BCR BACON CHICKEN AND RANCH DRESSING WITH MOZZARELLA

BLACK BLUE CHOICE RIBEYE STEAK 1NFUSED WITH BLUE CHEESE

PIG BARON OUR HOUSE SAUSAGE WITH FRIED GREEN PEPPERS ONIONS

VEGGIE OVERLOADED WITH VEGGIES MOZZARELLA CHEESE

SLOPPY JOE GROUND BEEF WITH HOUSE MADE SWEET SPICY SLOPPY 10E SAUCE

SANCHEZ SPICY CHILI IALEPENOS AND CHEESE

OC BREWHOUSE TRI TIP FILET W MUSHROOMS MASHED POTATOES GORGONZOLA

SEAFOOD GENEROUS PORTION OF CRAB AND SHRIMP WITH OLD BAY SEASONIAIG

FAMOUS JUMBO WINGS 8 9 9912 12 99 24

22 99

SERVED WITH CEIERY AND CHOICE OF RANCH OR BLUE CHEESE DRESSING HOUSE HONEY OlD BAY

HONEY BBQ SRIRACHA TERIYAKI OLD BAY JERK BUFFALO MILD BUFFALO HOT APOCALPSE

EXTREME PAIN

BOARDWALK STYLE FRESH CUT FRIES OR OUR FAMOUS

BREWHOUSE TATER TOTS

CHOICE OF SALT GARLIC PARMESAN OR OLD BAY

LARGE BASKET 7 99

ADD MELTED CHEESE 2

I ADD JAtAPEN05 CHEESE 2

ADD BACON CHEESE 3

ADD CHILI CHEESE 3

i BURGERS CHICKEN BLACK BEAN BISON i

PORTABELLO MUSHROOM 9 99

PLEASE CHOOSE BETWEEN 1 2 LB RASTELI 100 ANGUS CHUCK SMASH BURGER ALL WHITE MEAT

CHICKEN BREAST BLACK BEAN BISON OR PORTABELLO MUSHROOM

SERVED OPEN FACE ON A FAMOUS AMORO50 SOFf ROLL WITH LETTUCE TOMATO ONION SIDE OF

COLESIAW WITH OUR HOUSE MADE POTATO CHIPS UNLESS OTHERWISE NOTED PLEASE ADD 2 99 FOR

BOARDWALK FRESH CUT FRENCH FRIES OR OUR BREWHOUSE TATER TOTS ADD A SIDE OF OUR

FAMOUS ITAUAN SUB SALAD FOR 2 99

OC CtASSIC SERVED PIAIN WITH A LITTLE PINCH OF OUR HOUSE SEASONING

OC CLASSIC W CHEESE PROVOLONE CHEESE SAUCE MOZZARELLA SWISS OR AMERICAN CHEESE

PHILLY STYLE TOPPED WITH CHEESE SAUCE FRtED GREEN PEPPERS ONIONS

BACONATER STACKED HIGH WITH BACON AND AMERICAN CHEESE

JERK MARINATED IN OUR SPECIAL JERK SEASONING WITH CHOICE OF CHEESE

BANDITO FRESH CHILI JALAPENOS CHEDDAR CHEESE

HANGOVER HELPER AMERICAN CHEESE BACON AND TOPPED WITH A FRIED EGG

PIZZA BURGER TOPPED WITH OUR HOMEMADE TOMATO SAUCE AND MOZZARELLA

MAUI WOWiI PERFECT COMBINATION OF PINAPPLE HAM SWISS TERIYAKI SAUCE

SHROOM FRIED MUSHROOMS SWISS

BUFFALO BUFFALO SAUCE PROVOLONE RANCH DRESSING

BREWHOUSE BIJRGER TOPPED WITH HOUSE CUT FRIES AND OUR BEER CHEESE SAUCE

SHOREBIRD SURF TURF TOPPED W1TH OUR FAMOUS HOMEMADE CRAB DIP AND CHEDDAR 12 99

OC BREWING GOURMET PIZZA 12 99

CHOOSE BETWEEN OUR 10 IN FRESH HAND TOSSED NAAN OR FLAT BREAD CRUST

CHEESE MOZZARELLA TOMATO SAUCE

PEPPERONI LOADED WITH PEPPERONI

HAWAIiAN PINAPPLE HAM AND TERIYAKI SAUCE

THE FARMERS DAUGHTER ONIONS MUSHROOMS GREEN PEPPERS GARLIC

BUFFALO CHICKEN BUFFAL SAUCE GRILLED CHICKEN

BACON CHICKEN RANCH BACON GRILLED CHICKEN AND OUR COOL RANCH SAUCE

THAI CHICKEN HOISEN MOZZ CARROTS GRILLED CHICKEN ROASTED PEANUTS SPOUTS

GC DFATHER SAUSAGE MUSHROOMS GREEN PEPPERS ONIONS

PHiLLY CHEESE STEAK RIBEYE S7EAK CHEESE SAUCE GREEId PEPPERS ONIONS

PNILLY CHICKEN CHEESE STEAK GRILLED CMICKEN CHEESE SAUCE GREEN PEPPERS ONIONS

WHITE RiCOTfA MOZZARELLA GARLIC OLIVE OIL

MARGARITA FRESH MOZZARELLA SLiCED TOMATOES

BREWHOUSE TRI TIP FILET WITH MUSHROOMS GORGONZOLA CHEESE 14 99

CRAB PIZZA LOCAL FAVORITE JUMBO LUMP CRAB CRAB DIP OLD BAY AND BAKED TO PERFECTION

18 99

BREWHOUSE SIGNATURE SPECIALTY SANDWICHES

SERVED ON A FAMOUS AMORO50 ROLL WITH OUR HOUSE MADE POTATO CHIPS AND SIDE OF

COLESLAW ADD BOARDWALK STYLE FRESH CUT FRIES OR DUR BREWHOUSETOTS FOR 2 99 ADD A

SIDE OF OUR FAMOUS ITALIAN SUB 5ALAD FOR 2 99

OUR FAMOUS BREWHOUSE SURF TURFICRAB OVERLOAD THIS IS ONE TO WRITE HOME ABOUT

OLD BAY INFUSED SAUSAGE JUMBO LUMP CRAB CAKE TOPPED WITH OUR FAMOUS CRAB DIP

24 99

BREWHOUSE CHEESESTEAKS PHILLY WHO STEAK OR CHICKEN W FRIED GREEN PEPPERS

OPlIONS TOPPED WITH PROVOLONE OR CHEESE SAUCE 9 99

OC FISH CHIPS YOU WILL BE HOOKED OUR ALE INFUSED BEER BATI ERED FISH FILLETS SERVED

WITH OUR FRESH CUT FRIES TARTER SAUCE 12 99

OC BREWING FAMOUS FAMILY SAUSAGE OUR SAUSAGE IS 50 TASTY IT IS OFTEN REQUESTED PLAIN

HOUSE STYLE OR W FRIED GREEN PEPPERS AND ONIONS 9 99

OC BREWING S OLD BAY INFUSED SAUSAGE SERVED PLAIN HOUSE STYLE OR W FRIED GREEN

PEPPERS AND ONIONS 9 99 I

BREWHOUSE TRI TIP FILET SANDWICH THIS MOUTH WATERIIVG TRI TIP FILET PERFECTLY SEASONED

TOPPED W GORGONZOLA MUSHROOMS GLAZE 14 99

LOCAL LEGENDS qtA6 CAKE OUR FAMILY S SECRET RECIPE JUMBO LUMP CRABCAKE SEASONED

BROILED OR FRIED TO PERFECTION TARTER SAUCE ON THE SIDE 12 99

BREWHOUSE ENTREES

OC BREWHOUSE S SOON TO BE FAMOUS POT PIE

NOR ESTER COMBINATION OF LOBSTER SHRIMP CRAB AIVD VEGETABLES IN A LOBSTER

BISQUE BROTH BAKED TO A GOLDEN BROWN 18 99

SHORE EASTER COMBINATION OF CHICKEN CORN AND VEGETABLES PERFECTLY SEASOfVEp

BAKED TO A GOLDEN BROWN 15 99

FILET TIP PERFECTLY SEASONED FILET TIP SERVED ON TOP OF OUR DELICIOUS BREWHOUSE MASHED

POTATOES AND VEGETABLE OF THE DAY 22 99

BANGERS 84 MASH CHOICE OF OUR FAMILY HOMEMADE BREWHOUSE SAUSAGE OR OUR OLD BAYINFUSED SAUSAGE SERVED ON TOP OF SMASHED POTATOES AND VEGETABLE OF THE DAY 16 99

LOCAL IEGENDS CRAB CAKE PLATTER OUR FAMILY SECRET RECIPE 21UMB0 LUMP CRABCAKES ISEASONED SERVED WITH RED POTATOES AND VEGETABLE OF THE DAY 22 99

FISH OF THE DAY FRESH CATCH 0 THE DAY ASK YOUR SERVER PERFECTLY SEASONED BROILED

WITH OUR SPECIAL LEMON BUTTER SAUCE SERVED WITH REO POTATOES AND VEGETABLE OF THE DAY

22 99i

ADDITIONAL SIDES RED POTATOES MASHED POTATOES FRENCH FRIES BREWHOUSE TOTS

VEGETABLE OF THE DAY SMALL SIDE SALAD

SALADS

ADD GRILLED STEAK CHICKEN SHRIMP OR PORTABELLO MUSHROOM 4 99

HOUSE SALAD FIELD GREENS TOMATOES CUCUMBERS CELERY ONIONS CARROTS PEPPERONCINiS

HOUSE DRESSING 6 99

ITALIAN SUB SALAD VERY UNIQUE HOMEMADE DICED AND CHOPPED ITALIAN COLD CUT SERVED

OVER BED OF LETTUCE WITH CHIPS SLICED FRENCH BREAD 8 99

CAESAR SALAD CRISP ROMAINE LETTUCE PARMESAN CHEESE CROUTONS CAESAR DRESSING

SERVED ON THE SIDE 6 99

OC BREWHOUSE SALAD ROASTED RED PEPPERS PINE NUTS TOMATOES GORGONZOLA CHEESE

WALNUTS CRANBERRYS BOARDWALK FRIES AND HOUSE VINAIGREITE 8 99

DRESSINGS HOUSE VINAIGRETTE HONEY GINGER RANCH BLUE CHEESE THOUSAND ISLAND CAESAR

FRENCH OIL VINEGAR PEPPER PARMESAN CREAMY iTALIAN

i

i SOUPS SERVED WITH CRACKERS 6 99

HOME MADE BEER CHEESE SOUP

MARYLAND CRAS SOUP

IOBSTER BISQUE

FRENCH ONION

KIDS M EALS

SERVED WITH CHOICE OF BOARDWALK FRIES TATER TOTS OR APPLESAUCE INCLUDES DRINK SCOOP

OF ICE CREAM 5 99

HOT DOG

HAMBURGER

CHEESE BURGER

GRILLED CHEESE

CHICKEN TENDERS

MINI CHEESE OR PEPEROfVI PIZZA SERVED WITHOUT ANY SIDES

OC BREWHOUSE HOMEMADE EXCLUSIVES OUR LOGO

ON MENU NEXT TO THESE ITEMS

BEER TO G4 PICK UP ONE OF UR HANDCRAFTED

BREWS TO GD IN UR fi40Z GROWLERS

BREAKFAST

SERVED 6AM 11AM DAILY

T O EGGS CHOICE OF HAM BACON OR SAUSAGE TOASTCKEN BREAKFAS TwSPRING CHI

SERVED WITH TATER TOTS 6 99

BIG BREIMHOUSE BREAKFAST BELGIAN WAFFLE WITH TWO EGGS CHOICE OF HAM BACON

OR SAUSAGE 8 99

PIGS WITH BLANKETS STACK OF PANCAKES WITH TWO EGGS CHOICE HAM BACON OR

SAUSAGE 8 99

MOONS OVER MY MUFFINS TWO FRESH EGGS POACHED WITH CANAQIAN BACON ON

ENGLISH MUFFIN HALVES TOPPED WITH HOLLAWDAISE SAUCE AND SERVED WITH OUR BREWHOUSE

TATER TOTS 9 99

COUNTRY BOY BREAKFAST STEAK EGGS Served with two eggs choice of bread english

muffin toast or amoroso roli sen ed with our brewhouse tater tots 14 99

BREWHOUSE BREAKFAST EGG ROLL ONE OF OUR FAMOUS EGG ROLLS FILLED WITH

SCRAMBLED EGGS AMERICAN CHEESE AND CHOICE OF SAUSAGE HAM OR BACON 8 99

BREAKFAST PIZZA THE CLASSIC AMERICAN BREAKFAST TRANSLATED INTO PIZZA SCRAMBLED

EGGS AMERICAN MOZZARELLA CHEESE ON OUR PERFECTLY MADE CRUST DELICIOUS CHOICE OF

TOPPINGS 1 25 EACH BAGON HAM SAUSAGE GREEN PEPPERS ONIDNS TOMATOES MUSHROOMS12 99

MAKE YOUR OWN THREE EGG OMELETTE

SERVED WITH TOAST BREW HOUSE TATER TOTS CREATE YOUR OWN 8 99 CHOOSE YOUR CHEESE

MOZZARELLA AMERICAN PROVOLONE SWISS OR CHEDDAR THEN CHOOSE FROM THE FOLLOWING

ADDITI NAL TOPPIWGS 99 BACON HAM SAUSAGE GREEN PEPPERS ONIONS TOMATOES

MUSHROOMS EGG WHITES 1 49 ADDITIONAL

SIGNATURE OMELEITES

CRAB EXPLOSION OMELETTE FILLED WITH OUR SiGNA7URE CRAB MEAT AND CREAMY CRAB DIP THEN

TOPPED WITH CHEDDAR CHEESE 16 99

BREWHOUSE FILET OMELEITE FILLED WITH TRI TIP FILET MUSHROOMS AND CHOICE OF CHEESE

14 99

FRESH SQUEQED ORANGE JUICE SM 3 99 LARGE 4 99

FRESH TEA COFFEE 2 49

SODAS 2 49

KIDS BREAKFAST 3 s

1 SMALL STACK PANCAKES W TATER TOTS 2 1 EGG CHOICE OF MEAT SAUSAGE HAM BACON

W TOAST TOTS 3 FRENCN TOAST W TATER TOTS

EACH COMES WITH A DRINK JUICE BOX MILK SODA

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Maresol Owner s Responses

RE Request by O C Brewing Co to Mend and or alter an existing ConditionalUse in the LC 1

Local Commercial District Use Permit 13 16100001 to allow 1 bottling andcanning to be added to the interior of the brewery section of the premises 2 to

erect a silo on the exterior of the premises

Uait 204 Greg Loose

What is your opinion

Unit 205 Daniel Guater

Our basic concern is the location of the silo and the resultant truck traffic of a

canning operation that could expand over time if the product is popular After all

this is a brewery operation that will not be satisfied with the status quo if there isa growing demand for the products being offered

In regards to the silo does its proposed new location eliminate Maresol concerns

over odors and increased attraction of gulls that could impact the use of our pooland units by owners and guests If the location is approved and our buildingdoes experience problems with these issues what will be done to correct

problems Maybe these are unwarranted concerns but our building should beprotected should difficulties arise in the future regarding both the canningoperation and silo location I think our board recognizes the owners and

operators of the brewery are going to paint a very rosy picture in their own bestinterests Ocean City should insure that going forward we are protected shouldproblems arise in the future

Dan and Bonnie Gunter

Unit 206 Mark 8s Mary WattsWe are concerned about the same things as before traffic trash odors propertydevaluation and unsightliness of tower and upkeep removal of grains in timelyfashion We hope they are better at property cleanliness and trash pickup thanJohnnie s restaurant

While we realize we have commercial property in our front yard we want all

proper measures to be taken to ensure both the brewery and our propertiesInterests are considered On the upside we are looking forward to good beers andbeing able to walk to a restaurant nearby that hopefully has good food good

service and is a good neighbor

Mark and Mary WattsPlanning Zoning Commiss on

Unit 20T Russell 8turtevant Ocean City Maryland

Case0

fxhibit f Date 6

ro n rs l 9 tru t

We are opposed The odor alone would be offensive to me I Michele am not adrinker I personally never could stand the smell of beer I truly believe the noisedust dirt fumes and extra traffic would be nothing but an added nuisance Theadded traffic will cause continuous problems Fact is all provided parking isalready full well over the need of parking And the side streets are jammed with

the parking overflow For the last several years cars have been parking bumper tobumper from the corner of coastal highway all the way past the Light house untilit reaches the bay This will absolutely cause further problems not to mentiontraffic jams

I believe the filling of their silo will cause a lot of dirt dust and particles to bereleased into the air in which we have no choice but to breath I believe the dirt

dust and particles will cling to our condominium building which will cause addedcost to each owner to maintain the cleanness of the exterior of the building Our

pool and pool area will also be in jeopardy of the smell dust and particles thatwill be air bound during the filling of their silos and production process etc Thiswill be another additional cost to the owners for pool cleanness and up keepOngoing traffic will not provide a relaxed or peaceful setting for the people whoreside in the condo day in and day out or the guests who have paid for a peacefuland relaxing setting during their vacationsI have a great concern regarding lighting traffic and noise Our bedroom in I

which we sleep will be greatly affected by the lighting and traffic noise We

bought this home to live in relax in and enjoyPlease note the exact location of our home condo unit 207 in regards to this

proposed site Our home entrance bedrooms and living space will be directly andgreatly impacted by all the negative factors

Because the lumber yard was approved in 1973 is not basis for a brewery to beapproved in that location in 2014 There were not as many neighbors at the timeof the lumber yard approval

We do not feel that brewery is the type of neighbor that would do well for us orour condominium neighbors Although the applicant states the building is suitedto such a use that is not justification for the neighbors to have to indirectlyabsorb some of the cost of this business by the additional trash odor and dustfrom the silo fillingThank you for the opportunity to voice our opinion of this proposal

Russ and Michele Sturtevant

Burt 8c Aaae Poague

Maresol 208

We would like to see the silo moved away from Maresol towards Coastal Highway

Burt 8y Anne Poague

Maresol Uait 301 Joe Mosca

I am NOT opposed to the Silo as it is now presented away from the Maresolbuilding and as far East along the OC Brewery as possible the silo needs to bepainted the same color as the OC Brewery building

I am NOT opposed to Canning 8v Bottling as long as the trucks deliver and loadon the OC Brewery property NOT on 56 St and the bottling 8ti canningoperation is performed inside the OC Brewery building

Unit 301 Marla Jassen

I have mixed feelings about the silo I am concerned regarding rodents andwithout the silo storage of the grain and additional deliveries may pose a problemfor the Maresol I think the silo moved as far forward as they will allow makessense

I think canning should be done in an industrial park 56 street is narrow withcars parked on both sides and traffic and parking is always an issue The addedcongestion with this part of their business could have a negative impact on the

area

Ocean city politics as it is if this is going to pass anyway we need to consider thecosts and what we can expect to accomplish if required I think it should be OC

breweries responsibility to provide the impact studies that were previouslydiscussed

Marla Jassen

Uait 306 Lane Robert Hubbard

I am not opposed to the silo provided it is placed away from the Maresol asplanned

I am opposed to canning and bottling It give our resort area more of an industrialfeel

Unit 307 Debbie Iieath

Once again requesting that they paint the back of the building and the roof We

would prefer that they not be allowed to bottle or can and distribute beerWeren t they originally restricted from doing so and why is this now beingdiscussed again We are worried about traffic at the light it is already abottleneck when big trucks park next to Johnny s for deliveries That would justbring more trucks to this side street and congested intersectionFYI they have started brewing or testing or something the smell is distinctive anddepending on how the wind blows could become very offensive

The Heaths

Unit 308 Stevens Patricia Jones

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In your message you stated Please note that they show a revised Silo locationmoved away from the Maresol We also should note where the proposed front

loaded compactor and dumpster location is situated with its associated noise and

odors Could they put it any closer to our building for members and their familiesI

to see and smell Why not place it to the Coastal Highway side of the proposedsite for the silo away from the front doors to our building and pool Does

anyone want to estimate just how close their trash and garbage will be to our

front doors particulaxly the north side of our building We already have thenoise from their chiller and trucks making deliveries and picking up product to besold elsewhere A little to close for comfort in my opinion What plan does OC

Brewing have for noise and odor abatement not to mention their plan to maintainthe aesthetics of the residential area Who really wants to be looking at andsmelling trash just a few feet from the front door of their residence If OC is

really serious about being good neighbors with the members of the Maresol

community they should move their trash to a more reasonable area of theirproperty like where the silo is proposed and keep the silo inside I am fairlycertain OC Brewing executives and owners would not be pleased with having alarge trash bin situated near the front door of their residence or even their

commercial establishment so why are they proposing that we be subjected tosuch a plan Similarly would the OC zoning officials like to have trash bins andsilos a few feet from their front doors These are the questions that should be

asked because we know what the answers true answers would be Fundamental

fairness and respect for Maresol members would be demonstrated by OC byagreeing to these satisfy these significant concerns smj 308

Unit 310 Bob 86 Kim Corbitt

Yes we have quite a bit of concerns We never received the first notice that you

reference was sent on 05 23 Would you mind resending the first notice so as tomake sure we are not asking redundant questions We are particularlyconcerned about the smell emitting from the breweryThanks

Kim Corbitt

Unit 402 Jim and Aan Deitrick

Regarding the OC Brewing Co We continue to be concerned about noise traffic

congestion parking issues dust and debris and resulting property devaluationthat the OC Brewing Co operations may cause If they can operate their businesswith minimal impact to the surrounding residential area there could be some

benefit to the area in general However to this point they have not demonstratedthat they have any such consideration for the surrounding area and neighbors

If the silo would help eliminate such things as noise truck traffic for material

deliveries dust from the material stored in the silo and does not present a safetyhazard i e grain explosions we could live with it if it is moved as far away

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eastward from the Maresol as possible and made as unobtrusive as possible

Hopefully this means more to the east than is shown on their most recent siteplan And the use of some make it invisible paint

Canning Bottling Operation We believe that a canning and bottling operationif allowed will set them up to brew more beer than the 1 000 gallons per weekthey testified about producing at the January 2014 P8vZ public hearing We do

not think this restriction on their CU Permit should be amended since we believehigher levels of beer production will exacerbate all the issues we are concerned

about

Jim and Ann Deitrick

Unit 403 Demetrios Zerefos

Jim my wife and I strongly oppose to both requests of a brewing company havinga silo and canning bottling operation on the premises It will be detrimental to

our investment at Maresol This type of operation requires an industrial zoningThere will be issues with odor noise level fire hazard safety not to mention thenegative visual appeal Please support Chris D to block their request Our board

should also notify the members on the board to the surrounding buildings to joinour fight We have already spent money for legal fees please don t quit the fightnow

SincerelyDemetrios and Tina Zerefos

Uait 404 L Suttoa 86 G Hargest

We have general concerns related to the silo structure the odors and the

potential for a lot of late night activity that involves alcohol directly next to ourbuilding

II

Uait 405 John 8terns

We have general concerns related to the silo structure the odors and the

potential for a lot of late night activity that involves alcohol directly next to ourbuilding

Unit 406 Jim Williams

I have no issues with the proposed amendments

Unit 408 Chris Demopoulos

I

We are very much opposed to both requests These two modifications Silo and

Canning Bottling will give the O C Brewing Co the capabilities to produce

enormous amounts of beer

This will have a multiple effect on the amount of dust offensive odors noise

levels safety fire hazards quantity of trash parking congestions Visual Iobstructions increase traffic attraction of birds and mice along with waste waterissues

Conclusion this kind of activity belongs in an industrial zoningThanks

Chris Demopoulos

Uait 409 Frank Tribull

I opposed the OCBC for getting the rights to can and bottle beer from this locationin Ocean City Maryland The grain silo should be inside the building along withthe other equipment as the Mayor and City Council said it was to be putBottling and Canning of beer I am against because this was not supposed to be amanufacturing plant Enclose is a flyer I picked up at a bash in Ocean City theystated that they will be making 24 different kinds of beer for 1

2 kegs 1 6 kegs

growlers 22onces bottles all year long I suspect they will also manufacture kegsof beer and start a distribution center from this site

The trash containers and trash compactors should be away from the condo unitsand swimming pool they should be close to the Highway

Uait 504 Richard White

Monica Not sure what form you would like our responses but I am opposed to

the OC Brewing Co s request I strongly feel that this organization OC BrewingCo will create parking issues noise issues as well as odor and pollution

problems for all residents of the Maresol building

Thank You

Unit 510 Tom James

I am not opposed to the silo provided that it is moved as far East as possible

away from the front of the Maresol and is painted tan to match the building

I am not opposed to canning and bottling provided it is done completely inside ofthe building

f

PLANNING AND ZONING COMMISSION

Donna Shoros Ocean City Brewfng Co FILE 13 16100001

5508 Cosstal HighwayConditlonai Use Public Hearing

January 7 2014pr ning Zoning Commissiort

Ocean City Maryipndpse 1 G v c

PRESENT SIATTENDANCE

Pem But cley Blaine Smith ExF ibit Y Date 6 SJohn Staley Kay StroudPeck Miller Matt Margotta c t lPalmer Gillis Bob Nelson

Lauren Taylor Will Esham AttomeyJoel Brous

This meeting of the Planning and Zoning Commission was held on Tuesday January7 2014 in the City HaQ Council Chambers located on Bal more Avenue and 3nd Streetti

Ocean City Maryland Pam Buckley Commission Chairperson calied the meeting toorder

BUCKLEY Alright this is the public hearing for this Tuesday January 7 2014 Theitem before us pursuant to the provisions of Article I I Section V Conditional Uses A

request has been fikd under the provisions of Section 110 514 uses permitted byCondi ional Use in the LG1 Local Commercial District to permit a portion of the

proposed establlshment to en age in brewing similar to other manufacturing andwholesale eatablishments listed herein ConcuRen y a site plan review of propoaedmixed use project consisdng of the wholesale Ixewery restaurant bar and retaii areawill be conducted The site of the request is described as an unnumbered lot of the Isle

of VYght Plat fu ther described as located on the west side of Coastal Hiyhway and onthe south side of 56 Street and known localiy as 5509 Coastal Highway in the Town ofOcean City Maryland The applicant is Donna Shores flle 13 16100001 Prior to all

public hearings it is necesaary that I ask if anyone in the audience has any iss s with

any of these commissioners taking part in this public hearing If so please say so nawAiright there bein no problem with any of the commissioners all of us will continue tosit with Chris Shanahan in absence Alright we ll start with the introduction of the casefrom Mr Smith

ESHAM Under the penal es of pe jury do you hereby swear to tell the whole truth andnothing but the truth

SMITH I do What I would like to do well first of all after receiving the application wedid post the property on December 18 and we ran advertisemerrts in the Ocean CltyDigest beginning on the 18 and then a week later so we ve advertised 14 days prior tothis hearing and we did send notice to adjacerrt properties within a 300 radius that thismeeting was taking place and its purpose The applicant has supplied a set of plans thatI ve given to Mr Esham the attomey as Exhibit 1 as architect er applicant s Exhibitthat shows the architectural features of the layout of the restaurant and retail store on

the east side of the buildiny which is an existing building and then the breweryoperation on the back side or the west side of the building The building already exists

1

C OPPER Okay and you ve been involved in this project really since the inception ofsetting everything up and acting as the prime consultant

FESCHE Yes

CROPPER And if this project does receive all the required approvals you ll be the

manager of the brewing side of the property the manufacture of beer

FESCHE Yes

CROPPER Describe for the Board if you would or Commission what s going tohappen there how much beer you re going to manufacture and that sort of thing whatsupposedly

F C OkaY each batch is oing to be about 1 000 pallons of beer at a me and Iimagine our produdion schadub wiil be brewing orwe a week thaYs a c onaervativeestlmmatie But that will be one day of brewing the next day will be cleaning the ne ct daywiil be packaging the next day wiil be loading trucks and taking care of material

CROPPER So you an cipate the ac ive manufac ure of beer will about one day a week

FESCHE Yes

CROPPER Okay and about how many employees will that require

FESCHE Including myseff five people or less

CROPPER Okay and just as a just information for the Board the Code as iYs writtenrequired 23 parking spaces for that use for those five employees and thaYs why theBoard of Zoning Appeals we were here and they gave us the parking exception

FESCHE Right we don t need that many parking spots

CROPPER Okay and the brewery area that s in the west side the westerly one half ofthe building that s not a public access area is that correct

FESCHE No the public won t be allowed back there

CROPPER Okay they can see in there through glass but they re not allowed to beback there

FESCHE Correct

CROPPER So iYs your anticipa on that if everything goes well once you re up andrunning and moving you ll do one batch a week which will be 1 000 gallons I

FESCHE Yes

CROPPER Okay and you ll brew once a week and that will take about five employeesNow whaYs the grain that you use

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F H IYs mal d bariey

CROPPER Okay and how does that how is that delivered to the prem es

FESCHE IYb pet de vered by a bulk Vuck and iCil be blown with sdK prs ure 1Mo oursdo and that sNo v hold enough gra tor sbout 10 batc es of besr so that silo will get

filled roughly every ten weeks

BUCKLEY Okay

CROPPER Okay so when thir s are goir good onoe every ten weeks they ll comeand flU your silo with the malted barfey

FESCHE Righ

CROPPER And less in the winter or other times when things are slower

FESCHE That s right

CROPPER Um tell me about you say you make about 1 000 gallons of beer Howmuch water do you use to make that and how much is left over

FESCHE Our standard formula is 7 to 1 gallons Seven gallons of wastewater to makeone gallon of beer About 7 000 gallons of wastewater a week

CROPPER Okay so it will be 7 000 gallons and you ll end up with 1 000 gallons ofbeer

FESCHE CoRect

CROPPER Okay and what happens to that wastewater do you do anything to it tomake sure that iYs taken care of

FESCHE A lot of it is rinse water so it is you know the chemicals that we use to clean

the tanks with get neuValized with rinse water before going into the drain and our drainsare gang to connect it to tanks that settling tanks that are outside the building that willcollect any sol ds that go down the drain And that would be grain that falls on the floor

CROPPER Okay so you ll neutralize the water first the clear water first and thensecondy you have a sort of a specialized grease trap which is a double a doublechambered grease trap that coliects the solids

FESCHE Yes

CROPPER And the solids a e sort of the leRover grain

FESCHE Leftover grain that spills on the floor and maybe some hops that are stored in

a slurry form after the boil

CROPPER Okay and what happens to the part thaYs left over

6

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manufacture to pick up the waste Other than ordinary like paper products and that kindof thing does your side of the operation have any other deliveries

FESCHE Well we il be sending kegs out to other bars and restaurants Those kegswill be retumed to us at some point so that is part of receiving in the brewery

CROPPER Okay

FESCHE Kegs going in and out

ROPPER Okay um but again that wouid be no different than if I went with some kindof use that didn t require a CondiGonal bought a keg of beer had a party and took itback

FESCHE Sure

CROPPER Tell me about the odor if any assocc iafisd with this

FESCHE Durin the brewin prooess there are stacks that leave from the ke s outthe roof of the dfng and thene s some smell asaociatad with browin IYs usually nomore offensive than a bakery And the brewing prooess is about 4 or 5 hours of a dayso just one day a week 4 or 5 hours there might be some odor outsideLthe rost uraMoutside the bu ding

CROPPER But in your opinion iYs not offensive the odor

FESCHE No no

CROPPER Of making the beer and that s been your experience at the other fourbreweries where you ve worked

FESCHE Yes

CROPPER And they ve had a similar type odor Does the type of beer that you brewdoes the odor vary depending on the type of beer that you brew

FESCHE Very little

CROPPER But it would take a real connoisseur to go by and smell it

FESCHE Yes I could tell it

CROPPER Okay we ve been through the frequency of the brewing how about anyhow about any light or glare or shine or anything like that

F H Not that I m aware of no

CROPPER Okay this is all in the rear of the parking lot outside you re going to havethe storage fadHly or the grain ripht

FESCHE Yes

8

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CROPPER And tl at rain gets b1oMm in and then everything else is housed oompleteyinside ff be building

FESCHE Yes

CROPPER And it s in an area that there s no public access

FESCHE CoRect

CROPPER The only way the public sees it is to come in the etail or bar portion andlook in through the glass

FESGH CoRect

CROPPER I can t come in and walk around kick the tanks take a look or anything likethat okay and that wiA be closed up when you re lxewing and it will be esserrtiallydosed down juat for viewing when you re not brewing

FESCHE Yes

CROPPER Okay and in your experience having been with four breweries 1 000gallons a week that s going to be more than enough to serve what s going on I mean

things will have to be going really good to use a 1 000 a week

FESCHE Yes

CROPPER Okay um now what types of a just for the information of the board whattypes of beers do you propose to brew there

FESCHE We re going to make a variety of beers some traditional standard styles aswell as some more new American exotic styles of beer So something from the wholespectrum of beer styles Very light approachable beers to something thaYs a little morechalienging

CROPPER Okay

FESCHE IYII be about 12 different styles of beer on tap

CROPPER Okay and you have you ve been in this building obviously many timesnow designing the configuration of the brewing manufacturing and just for the recordthis is the rehab of the existing building thaYs there

FESCHE Yes

CROPPER And i s your opinion I think you testified before the BZA that this is really agood use for this existing

FESCHE The buikiing is well suited for brewing yes

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CROPPER And probably thaYs one of the few things a lumber yard or a brewery isone of the few things that this existing building is suited for

FESCHE Yes

CROPPER You ve also viewed the area surrounding there and as somebody who sbeen in this business since 1992 do you believe this use is going to be compatible withthe suROUnding neighbofiood

ESCHE Yes

ROPPER Okay and again the noise the fumes the glare there ll be no vibratlon

F CH No

CROPPER and all those types of things will be such that they ll be compatible withthe Johnny s Pizza with the condos and with the hotel next door

FESCHE Yes

CROPPER As a matter of fact just for the board s information Johnny s Pizza washere represented by an attomey at the Board of Zoning Appeals and when w e haddiscussions with them they withdrew their objection to the application

F H ThaYs coRect

CROPPER And they re not here tonight ThaYs really all I have for Ma lc I m su e youguys have some questions because he will be the manager in charge of the brewingoperaation

BUCKLEY Okay we will ask him those now

CROPPER Okay

BUCKLEY Who has a question Who s the first one

MILLER I have a question

BUCKLEY Okay Peck

MILLER You d mentioned 1 000 gallons a week conservative What side of

conserva ve were you going on will you be brewing more or will you be brewing less

FESCHE I think we d like to brew more It s oertainly based on sales

MILLER Okay if you d more then you d have more deliveries and more traffic andmore

FESCHE ThaYs fair to say yes

MI L Okay

10

BUCKLEY What would be a maximum for th particular business

FESCHE A maximum I would think would be tnur times a week would be reallypushing it 1Me couid pnobably do two mes a week comfortablyI

BUCKLEY Okay

FESCHE When you say a maximum is that the most you could do or thaYs the mostpeople would consume

UCKLEY No because you ve s ll got to clean it and ali that he s got to do the wholeprocess iYs a three or four day ocess just to do it

F H Two weeks to a month so yeah we just have to wait for a tank to open upsometimes before we can brew There are times when we don t brew for a week

because we don t have an empty tank

MILLER So if you re running fuil tilt the most you could be would be four brews a weekII

F H Yes

MILLER Okay

BUCKLEY And I see that as being very diffic ult

M Well

BUCKLEY Chuckle From what you just said but still but even four okay so that suh that gets you down to delivery down to every two weeks two and one half weeks ofthe hops or the grain or whatever it is and then the same for the going out Okay

TAYLOR What is the height of the silo

FESCHE 31 I believe

TAYLOR What

BUCKLEY 31

FESCHE 31 31 feet

TAYL R So thaYs like 3 stories

BUCKLEY And how big is it what s it made of metai or concrete

FESCHE I would guess metal it s an agriculturai silo

UCKLEY Okay alright LeYs we don t need coming from the audience so we ll get itanother anothe time Um agricultural silo Okay

11

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GILLIS You ve seen them a miQion times

STALEY Will there be any smell from the fermenting of the grain and the disposal of itonce its used

FESCHE No because we plan on having the farmer come and take that grain away theday we brew

TA You said though there would be four to five hours of an odor that you findwonderful but considering you re a brewer thaYs not too much of a surprise I m tryingto remember how many condo balconies are going to be affected by that because theremay be people who don t want to sit on their balcony and smell a brewery for four hoursbut I m trying to remember the configuration of those buildings because I think there

IMILLER The Maresol s back in the back

BUCKLEY The Maresol is in the back and they face west

GILLIS The Best Westem that might

TAYLOR The Best Westem

MILLER The p edominant wind is going to be southwest blowing

BUCKLEY Away from the brewery

MILLER So the guys on the Oceanside are going to smell it more

TAY And I should know how to do this math but I m too tired 1 000 galions is

haw many kegs

FESCHE Um 60

TA What

F H 60

TALE 60

AT YLOR So you re going to how many do you think you re going to be how manyseats are in here How many people are you going to

FESCHE I think the restaurant holds about 220 seats

T Y So how much are you planning on shipping out and how much are youplanning on using

FESCHE Um whatever isn t used in the restaurant we d like to ship out

TAYL R So you would have 60 kegs a week going out 60 to 120 kegs a week

12

FESCHE Yes

TAYLOR And those go out in trucks

I

FESCHE Yeah in our box trucks that we own

T Y R And how many how many fit in a box truck

FESCHE 20

TA Y 20

FFS H 20 kegs in the truck

TAYLOR So there s three

F H In a delivery

TAYLOR So there s three to six loads every

UCKLEY No no no

TAYLOR two to four days

UCKLEY No 60 is the most they ll have in a week That s 1 000 gallons in that oneprocess and say right 20 on premise and say they take out 40 so that s two deliveries

TAYLOR If they can do two or three or 4 000 gallons so

BUCKLEY Okay well thaYs true that s true okay just checking you re right you reright

TAYLOR I m just trying to figure out what the maximum load on that neighborhood isand those the maximum noise that goes into those condos and those Best Westem

rooms

BUCKLEY Yeah we should a we should ve had a trip to Dogfish up in MiltonBecause thaYs

GILLIS Supposed to have had a tour a brewery tour

BUCKLEY I appraise up there a lot and there is odor

F H They are substantially bigger than we are And they brew 24 hours a day 7days yeah

UCKLEY Yeah so and it s stiN suROUnded by single family homes they re continuingto build there whatever that means A question from Mr Miller

MILLER From a design standpoint on the larger plan of the building itself you havedining and retail and I realize there s a difference in parlcing requirements for dining and

i

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k

II

i snrsirg Zoning Comr r

Ocean City MarylaChris and Margaret Demopoulos

I U105 56 Street Unit 408

Case

Ocean City MD 21842 Exhibit ate

1 r z f r

Planning and Zoning CommissionAttn Commissioner Pam Greer BuckleyP O Box 158

Ocean City Maryland 21843

June 3 2014

RE Request by O C Brewing Company to amend and or alter an existingConditional Use in the LC 1 Local Commercial District Use Permit 13 16100001

to allow 1 bottling and canning to be added to the interior of the brewery section ofthe premises and 2 to erect a silo on the exterior of the premises approximately 10feet in diameter and 31 feet in length

Dear Commissioner

We are the owners of a condo at the Maresol building located adjacent to the

property at 5509 Coastal Highway where the O C Brewing Company OCBC

currently is working to establish an industrial wholesale beer factory

We would like to make our position very clear We are not against the OCBC tooperate a restaurant and or have a small scale production of beer But we are

against the above referenced request because it will allow OCBC to build without

any limitations or barriers an industrial wholesale brewery capable of producing ahigh volume of beer and packaging it in a verity of ways This type of factory shouldbe located in an industrial zoning not in a m use area Based on

discussions with members of the Maresol community and other neighboringproperty owners our opinion is shared as well

In addition to the concerns stated above we would like to formally in this public

forum bring the following items to your attention

1 Based on our understanding of the Worcester County Zoning Ordinance

neither the current approved use nor the proposed future use sought by theOCBC properly fall under a the permitted uses b the other listedconditional uses None of the permitted uses in a Local Commercial District

LC 1 zoned areas are similar to a manufacturing facility or to a similarfacility that regularly emits odors and dust and has a 31 feet high silo withbottling and canning capabilities The ordinance states that for a conditional

use to be acceptable shall be in keeping with the permitted uses Thereforewe believe the Planning and Zoning Commission has misinterpreted thezoning ordinance to allow OCBC to operate a wholesale beer production in theLC 1 zone

In addition we do not know if the P8vZ Commission requested from OCBC to

conduct any environmental and social economic studies to determine anyadverse impact that this factory will have on the neighborhood These studiesare essential for the P8vZ Commission to adequately evaluate the OCBC sproposal

2 The proposed modifications requested by OCBC if approved would enable the

I

OCBC to establish an industrial wholesale facility and will irrevocably harmour neighborhood devalue our investment in our vacation home and have a

i

devastating effect on our way of life in Ocean City For example based on myresearch there are studies that show that this type of operation dust etc

from storing grain in a silo creates an environment that is high risk for fire

and explosions

3 If the Planning and Zoning commission allows these conditions to be

approved I believe it will expose the Ocean City government to legal liabilityfor affected citizens related to property devaluation

In our opinion this is not the kind of activity that supports Ocean City as a touristresort where people visit and others invest to enjoy the clean air water and theother activities that the city has to offer

In conclusion we believe that the proposed OCBC operation is inappropriate and

out of harmony with adjacent buildings and their uses Because the proposed

brewery will be located near the entrance to Maresol we are particularly concernedabout safety issues noise trash shadow effects visual obstruction increased

traffic parking congestion dust offensive odors and the resulting and potentiallysignificant property devaluation Therefore we hope that the O C Government willnot approve this request

Thank you very much for your consideration

Sincerely

Chris Demopoulos

Becky Bratten

From mrlsbylindag@verizon net

Sent Sunday June 01 2014 8 13 AMTo jd2thesun@aol com

Subject amendment

To be read at the meeting

To the Planning and Zoning Commission Amendment permit 13 16100001Bottling and Canning

We are the owners of 205 Sunset Bay adjacent to the Maresol We purchasedour unit because of the lovely setting quiet tranquility of the bay and beautifulsunsets

It is discoura in to think that ou would a rove of a manufacturin and9 9 Y PP 9

distributing business with a 31 foot silo to be erected on the outside of thebuilding Not only is this unattractive but we re sure this will attract rodentsincrease traffic conditions and end our QUIET serenity

This amendment totally changes the agreement that was signed and approvedby the town and the owners of the establishment

We hope you will consider the damage and property value that will be incurredby the owners of all the properties adjacent to this business We do notbelieve you would approve of this amendment I it was in YOUR backyard asit is in OURS

SincerelyEdward and Linda Gordon

Daniel and Meg Gansz

Owners of 205 Sunset Bay

Plunning Zoning Coraimission

Ocean City Maryland

Case D

Exhibit Date l yPN lz

1

June 2 2014

To Whom It May Concern

We are unit owners at Sunset Bay 2 Our unit faces the Ocean CityBrewery We are concerned that allowing the brewery to bottle and can onthe premises will affect our ability to enjoy our vacation home The major

concern is the constant noise from bottling and trucks coming in and out ofthe property Other concerns include the smell the silo obstructing our viewand potential for rodents We believe this will negatively impact the valueof our property This is already an extremely congested area We are

concerned that this Ocean City Planning and Zoning meeting is a farce sincewe can already see that the silo has been placed on the premises We have to

wonder if the brewery has already been given the impression it would beapproved prior to gaining input from the community Seems like it was a

done deal We are asking that Ocean City Planning and Zoning deny OceanCity Brewing Company s request to expand to a major bottling and canningfacility and only be allowed to produce for on premise consumption

Respectfully

Linda and William Fritch jr

5405 Coastal Highwary Unit 308Ocean City MD 21842

Plunrring Zoning CcmmissionOe an Lity Maryland

asel 6 c ca J

ExhibitqDate 6 j

v0iv t cc lz

I



D. Strategic Plan Update presented by City Manager

Copyright © 2014: Lyle Sumek Associates, Inc.

Town of Ocean City: Strategic Plan

VISION 2029

OCEAN CITY 2029 is a Vibrant Coastal Resort Community

with a World Class Public Beach and Waterways

and an Authentic Historic Boardwalk -- the Choice of Today’s Families.

OCEAN CITY 2029

is Safe and Clean, has Quality Neighborhoods for Residents,

is Accessible and Easy Travel, and is a place for Enjoyable Experiences for All.

GOALS 2019

1st Class Resort and Tourist Destination

Financially Sound Town Government

More Livable Community for Residents

Excellent Service through a High Performing Town Organization

Revitalized Ocean City: Development and Redevelopment

POLICY AGENDA 2014

Top Priority

Tourism Strategic Plan: Development

Bayside Park Development

Tax Differential: Resolution

Smoking on the Beach/Boardwalk Policy

Working Relationship with Worcester County

Dualization of Route 90: Advocacy

High Priority

School After Labor Day (Statewide): Advocacy

Citywide Compensation and Benefits Study and Policy

Pedestrian/Bike Safety Master Plan: Implementation

Beach Playground Equipment Replacement

November Town Election

Ocean Plaza Mall Strategy

Downtown “Model Block” Development

Ambulance/EMS/Fire Response (West Ocean City): Analysis

Moderate Priority

Sunset Park Master Plan and Uses

Northside Park Building Improvements

MANAGEMENT AGENDA 2014

Top Priority

Planning and Zoning Evaluation

800 MHz Radio System Replacement

Sports Destination Marketing Program: Expansion

9-1-1 Primary Answering Point/ 3-1-1 Non Emergency Government

Information Center

Information Technology Upgrade Plan

High Priority

Caroline Outdoor Stage: Upgrades

City Facilities Security Plan

License Plate Recognition Program for Route 90

Whiteside Facility Replacement

Tall Ship Capacity

Network Backbone Replacement

Land Acquisition/Disposal Strategy Moderate Priority

June Behavior Action Plan

Beach Events/Tournaments Expansion

Seasonal Police Comprehensive Evaluation

Avaya Phone System Replacement

Town of Ocean City Equipment and Labor Guidelines

Copyright © 2014: Lyle Sumek Associates, Inc.

MANAGEMENT IN PROGRESS 2014

Tourism Website Redesign

Tourism Mobile App Development

ROI for Private Events

New Banner Program

Advertising Agencies: Contract

Bus Locator App: Development

New Annual Event – “ Halloween in Ocean City”

Visitor Profile

Winterfest Pavilion: Facility and Program Event

P Card Program: Implementation

Pension Report (Annual)

Government Accounting Standards 67 Financial Reporting for Pensions

Capital Improvement Budget: FY 15

Document Archiving System: Imaging and Training

Water/Wastewater Rates: Review/Adjustment Resolution

Purchasing Policy and Procedure: Update

Online/Payment by Phone (Bus/Parking)

Online Bill Payments: Utilities

Building Fee Structure: Evaluation, Direction

Manual on Environmental Permitting

Special Enforcement Unit: Report

FEMA Maps: Ordinance

TMDL: Assign Load

Eagle’s Landing Golf Course Irrigation

Joint use of School Facilities

Comprehensive Emergency Operations Recovery Plan

Drug Action Plan

Web based Building Permits and Business Licenses

Web Link Laserfiche Web Portal

Strategic Planning: Annual Update

City Properties Insurance Review

Town Policy and Procedure Manual: Completion

Emergency Management/Town Facilities Evacuation Plan and Training

Health and Safety Manual/Training/Policy Review

Fire Operating Standard Guidelines

Chamber Audio Video Upgrade

Electronic Record/Laserfiche: Strategic Planning

Water Quality Administrative Consent Decree

Parks: Evaluation and Direction

Safety Hazard Training Program

Road Re-Surfacing Plan: Review/Funding

MAJOR PROJECTS 2014

Beach Replenishment

Airport Improvement: Environmental Assessment, Tree Removal

Boardwalk Security Cameras: Phase 2

Performing Arts Theater Project

Water Disinfection By Products Pilot Study

Downtown Water Storage Tank

Northside Park: Pier Re – Decking

Tennis Center Fence

New Kayak Rental Concession

Skate Park Sunshade

Performing Arts Theater Project

Canal Dredging Project

Beach Patrol Headquarters

Eagle’s Landing Golf Course: Improvements at Club House

Public Boat Ramp: Relocation, Expansion

Fire Station 4

Fire Headquarters Building

St. Louis Avenue Improvements Phase II and III

Boardwalk Fiber Optic Improvements

TOWN GOVERNMENT MISSION

The MISSION OF TOWN GOVERNMENT

is to provide Personal Caring Municipal Services

and to serve as a

Responsive Host to Our Guests and Residents

while acting in a Financially Responsible Manner

delivered by a Professional Town Workforce.

STRATEGIC PLAN 2014 2019 2029

Mayor and City Council

Ocean City, Maryland March 2014

Lyle Sumek Associates, Inc.

EXECUTIVE SUMMARY

Lyle Sumek Associates, Inc. Phone: (386) 246-6250 9 Flagship Court Fax: (386) 246-6252 Palm Coast, FL 32137-3373 E-mail: [email protected]

Executive Summary: Strategic Plan 2014 – 2019 – 2029/Mayor and City Council/Ocean City, Maryland

Copyright © 2014: Lyle Sumek Associates, Inc. Project 140320

Table of Contents

EXECUTIVE SUMMARY

Strategic Planning for the Town of Ocean City 1

Ocean City Vision 2029 2

Town of Ocean City: Mission and Services 8

Town of Ocean City Plan 2014 – 2019 12

Town of Ocean City Action Agenda 2014 23

This report and all related materials are copyrighted. This report may be duplicated for distribution to appropriate parties as needed. No unauthorized duplication is allowed, including for use in training within your organization or for consulting purposes outside your organization.


Copyright © 2014: Lyle Sumek Associates, Inc. Project 140320 1

STRATEGIC FRAMEWORK

VISION 2029

“Desired Destination for the Town of Ocean City”

PLAN 2019

“Map to Ocean City’s Destination”

EXECUTION

“Route for Next Year”

MISSION

“Responsibilities of Town Government”

BELIEFS

“Expectations of Town Government Employees”



Town of Ocean City

Vision 2029

OCEAN CITY 2029 is a Vibrant Coastal Resort Community (1)

with a World Class Public Beach and Waterways (2)

and an Authentic Historic Boardwalk (3)

-- the Choice of Today’s Families. (4)

OCEAN CITY 2029

is Safe and Clean, (5) has Quality Neighborhoods for Residents, (6)

is Accessible and Easy Travel, (7) and is a place for Enjoyable Experiences for All. (8)



Vision 2029 Guiding Principles

PRINCIPLE 1 VIBRANT COASTAL RESORT COMMUNITY

Means

1. Guests enjoy their stay and return to Ocean City in the future

2. Expanded, diverse retail opportunities with specialty, marine supply, basic retail and grocery stores (national and locally owned) throughout the city

3. Ability to serve the year round guests

4. Visitors treated as our guests

5. Active conference and convention destination with year round business

6. Events and festivals drawing regional and national guests with top quality talent

7. Quality services to attract our guests and meet the needs of residents

8. Arts District with studios, galleries and entertainment attracting guests to Ocean City

9. Wide range of accommodation options: short/long term, price, life style, locations



PRINCIPLE 2 WORLD CLASS PUBLIC BEACH AND

WATERWAYS

Means

1. Great wide public beach with ongoing and funded replenishment program

2. Navigable waterways and canals

3. Quality water meeting federal and state standards

4. Free public access to the beach and waterways

5. Bayside Boardwalk for pedestrians and bicycles

6. Ocean activities including surfing, body boarding, surf fishing, swimming, etc.

7. Full service marina(s) with permanent and transient docking

8. Smoking free beach

9. Oceanfront resorts with restaurants serving food and beverages on the adjacent beach

PRINCIPLE 3 AUTHENTIC HISTORIC BOARDWALK

Means

1. Major community destination for residents and guests

2. Daytime and evening activities for people to enjoy their experience

3. Attractive, well maintained two and a half mile Boardwalk that is personally inviting

4. Variety of quality restaurants offering a range of choices: casual to gourmet, indoor to outdoor, affordable to expensive

5. Easy access transit and convenient parking

6. Quality, locally owned retail shops along corridors to the Boardwalk

7. National recognition as the “Nation’s Boardwalk” – a truly unique destination along the beach

8. Opportunities for bicycling on the Boardwalk



PRINCIPLE 4 CHOICE OF TODAY’S FAMILIES

Means

1. Families making the decision to return to Ocean City

2. New family venues and activities that keep Ocean City fresh and inviting

3. Diverse day and night time activities for all

4. Vacation destination focusing on today’s families

5. All family generations feeling welcome and included

6. Affordable venues, activities and programs for intergenerational interaction and learning

PRINCIPLE 5 SAFE AND CLEAN

Means

1. Timely response to an emergency call for service

2. Quality emergency medical response and delivery to quality hospitals

3. Roads safe for pedestrians, bicycles and vehicles

4. Residents and guests feeling safe and secure in any place in Ocean City

5. Visible police presence and partnerships throughout the community, at community destinations and during events

6. Positive curb appeal without trash or litter

7. Well maintained public spaces and facilities

8. Safe, clean beach and waterway to enjoy



PRINCIPLE 6 QUALITY NEIGHBORHOODS FOR

RESIDENTS

Means

1. Range of housing choices: type, price and life style

2. Availability of retail, professional services and restaurants serving the daily needs of residents

3. Variety of year round recreation programs, activities and services

4. Well maintained neighborhood infrastructure: streets, sidewalks, green spaces

5. Town working with community organizations and the faith community for community benefit

6. Availability of cultural and performing arts throughout the year

7. Convenient access to medical and health care services

8. Access to “Blue Ribbon” schools and educational programs

PRINCIPLE 7 ACCESSIBLE AND EASY TRAVEL

Means

1. Strategic locations for parking

2. Non automobile choices after you arrive in Ocean City

3. Selected narrow corridors with parking promoting biking and walking in the area

4. Effective public transportation for residents and guests serving key community destinations

5. Ability to bike throughout community: bike lanes, bike sharing and paths

6. Safe and well maintained streets and sidewalks

7. More bridge connections to the mainland

8. Well maintained highways and bridges providing easy access to Ocean City



PRINCIPLE 8 ENJOYABLE EXPERIENCES FOR ALL

Means

1. Well designed, well maintained parks with diverse venues, green spaces and beach

2. Range of quality restaurants: diverse types of food, prices, locations

3. Boating, fishing, surfing, sailing and other water sports experiences available for residents and guests

4. Entertainment venues and activities for all to enjoy

5. Reputation: a great place to enjoy year round

6. Performing arts programs and cultural experiences throughout the year

7. Variety of fitness and exercise opportunities indoor, in parks, along the beach

8. Recreational programs, activities and services throughout the city



Town of Ocean City:

Mission

The MISSION OF TOWN GOVERNMENT is to provide Personal Caring Municipal Services

and to serve as a Responsive Host to Our Guests and Residents

while acting in a Financially Responsible Manner delivered by a Professional Town Workforce.



Town of Ocean City

Core Services

NO CHOICE SERVICES Govern, Inform and Engage the Community

Provide Public Notices and Information

Plan, Manage and Maintain Stormwater Management System CORE SERVICES Enforce Laws, Ordinances and Standards

Secure, Treat and Distribute Water

Collect, Treat and Dispose Wastewater

Support Tourism Development and Marketing Ocean City

Collect and Dispose of Solid Waste

Prepare For, Respond To and Recovery From a Disaster or Major Emergency Situation

Respond to Medical Emergency and Transport to the Hospital



QUALITY OF LIFE SERVICES Design, Build and Maintain Streets and Sidewalk

Plan for the Town’s Future

Manage, Maintain Parking Structures, Surface Parking and Overall Parking Management

Operate Convention Center

Maintain, Patrol the Beach

Operate Public Transportation System

Inspect Buildings and Homes for Safety

Facilitate Economic Growth and Business Investment ADD ON SERVICES Sponsor and Support Community Events and Festivals

Design, Build and Maintain Parks Including Venues and Open Spaces

Develop, Provide Recreation and Educational Programs and Activities

OTHER SERVICES Regulate Land Use and Development

Plan, Manage and Maintain the Municipal Airport

Patrol the Community



Town of Ocean City

Our Customers

PRIMARY CUSTOMERS Residents (year round)

Residents (part time)

Visitors (first time)

Visitors (returning)

Property Owners

Day Trippers

Local Business Owners OTHER KEY CUSTOMERS National Businesses

Event Sponsors

Conventioneers

Families

Foreign Students

Prospective Businesses

Tournament Teams and Participants

Recreation Participants



Town of Ocean City

Goals 2019

1st Class Resort and Tourist Destination

Financially Sound Town Government

More Livable Community for Residents

Excellent Service through a

High Performing Town Organization

Revitalized Ocean City: Development and Redevelopment



GOAL 1 1st CLASS RESORT AND TOURIST DESTINATION

Objectives

1. National reputation as the best beach destination for families along the Mid Atlantic coast/country

2. Increase number of athletic tournaments and recreational events

3. Increase the number of today’s family visitors coming to Ocean City

4. Increase the number of conferences and conventions coming to Ocean City

5. Provide better amenities for guests: new attractions that will bring guests back

6. Maintain a sage environment for guests

Short-Term Challenges and Opportunities

1. Understanding who are our guests – their profile, their expectations, their desires

2. Balancing events/festivals with the family vacationers

3. National and global economy impacting family spending and vacations

4. Keeping Ocean City a family oriented, affordable destination

5. Minimum night stay requirements in hotels

6. Opportunities to expand sports tourism

7. Keeping the face and amenities "fresh and new" for visitors – giving them more reasons to return to Ocean City



Actions 2014 PRIORITY

Policy Agenda

1. Tourism Strategic Plan: Development Top Priority

2. Bayside Park Development Top Priority

3. Smoking on the Beach/Boardwalk Policy Top Priority

4. School After Labor Day (Statewide): Advocacy High Priority

5. Sunset Park Master Plan and Uses Mod Priority

Management Agenda

1. Sports Destination Marketing Program Expansion Top Priority

2. Tall Ship Capacity High Priority

3. Caroline Outdoor Stage: Upgrades High Priority

4. June Behavior Action Plan Mod Priority

5. Beach Events/Tournaments Expansion Mod Priority

6. Town of Ocean City Equipment and Labor Guidelines Mod Priority

Management in Progress

1. Tourism Website Redesign

2. Tourism Mobile App Development

3. ROI for Private Events

4. New Banner Program

5. Advertising Agencies: Contract

6. Bus Locator App: Development

7. New Annual Event – “ Halloween in Ocean City”

8. Visitor Profile

9. Winterfest Pavilion: Facility Evaluation and Refurbishment

Major Projects 2014

1. Beach Replenishment

2. Airport Improvement: Environmental Assessment, Tree Removal

3. Boardwalk Security Cameras: Phase 2

4. Performing Arts Theater Project



GOAL 2 FINANCIALLY SOUND TOWN GOVERNMENT

Objectives

1. Have a property tax rate based upon defined Town services and levels of service delivered in the most efficient and cost effective manner

2. Maintain reasonably competitive Town employee compensation and benefits in cost effective manner

3. Maintain financial reserves consistent with Town policies and national standards

4. Expand revenue options for Town government

5. Increase a larger percentage of tax returned from Worcester County to the Town government


1. Uncertain economy impacting all governments: revenues and service demands

2. Affordability of employee compensation and benefits: pensions, Affordable Care Act – workforce, re-insurance fee, administrative costs

3. Working with Worcester County: services, development coordination, effective working relationship

4. Distinguishing "wants" and "needs": residents and businesses

5. Rising costs of doing Town business: benefits, raw materials, supply of basic materials

6. Helping residents to understand Town finances, services and programs




Policy Agenda

1. Tax Differential: Resolution Top Priority

2. Citywide Compensation and Benefits Study and Policy High Priority

3. Ambulance/EMS/Fire Response (West Ocean City) Analysis High Priority

4. Citywide Comprehensive Study of Part Time Employees

5. Alternative Revenue Sources: Direction

Management Agenda

1. 800 Mhz Radio System Replacement Top Priority

2. City Facilities Security Plan High Priority

3. Whiteside Facility Replacement High Priority

4. Vehicle Replacement Policy and Process

5. Affordable Care Act: Analysis

6. Citywide Comprehensive Study of Part Time Employees

Management In Progress

1. P Card Program: Implementation

2. Pension Report (Annual)

3. Government Accounting Standards 67 Financial Reporting for Pensions

4. Capital Improvement Budget: FY 15

5. Document Archiving System: Imaging and Training

6. Water/Wastewater Rates: Review/Adjustment Resolution

7. Purchasing Policy and Procedure: Update

8. Online/Payment by Phone (Bus/Parking)

9. Online Bill Payments: Utilities

10. Building Fee Structure: Evaluation, Direction

Major Projects 2014

1. Water Disinfection By Products Pilot Study

2. Downtown Water Storage Tank



GOAL 3 MORE LIVABLE COMMUNITY FOR RESIDENTS

Objectives

1. Maintain a safe community with a low crime rate

2. Increase arts and cultural programs, performances and events

3. Upgrade Town parks and amenities

4. Provide more leisure activities and recreational programs for residents of all generations

5. More reasons for people and Town employees to make the choice to live in Ocean City

6. Increase the number of year round residents


1. Special events with participants impacting the neighborhoods and quality of life of residents

2. Assisting residents to understand the value in living in Ocean City

3. Community safety: perception driven by social media vs. realty driven by data and facts

4. Cost and availability of housing

5. Determining project priority and funding by the Town

6. Turning guests into residents

7. Understanding why residents are making the choice to leave Ocean City




Policy Agenda

1. Pedestrian Safety/Master Plan: Implementation High Priority

2. Beach Playground Equipment Replacement High Priority

3. Northside Park Building Improvements Mod Priority

4. Sidewalks Master Plan

Management Agenda

1. License Plate Recognition Program for Route 90 High Priority

2. Town Wide Street Lights

Management In Progress

1. Comprehensive Emergency Operation Recovery Plan

2. Drug Action Plan

3. Manual on Environmental Permitting

4. Special Enforcement Unit Report

5. FEMA Maps: Update

6. TMDL: Assign Load

7. Eagle’s Landing Golf Course Irrigation

8. Joint Use of School Facilities

Major Projects 2014

1. Northside Park: Pier Re – Decking

2. Tennis Center Fence

3. New Kayak Rental Concession

4. Skate Park Sunshade


6. Canal Dredging Project

7. Beach Patrol Headquarters

8. Eagle’s Landing Golf Course: Improvements at Club House

9. Public Boat Ramp: Relocation, Expansion



GOAL 4 EXCELLENT SERVICE THROUGH A HIGH PERFORMING TOWN ORGANIZATION

Objectives

1. Retain a top quality Town workforce dedicated to serving the Ocean City community

2. Maintain a high level of customer satisfaction with Town services and service delivery

3. Increase manager and employee accountability for performance and outcomes

4. Recognize and reward top performers for their contributions and goal achievements: teams and individuals

5. Develop a city team reducing negative comments and organizational/departmental silos, and increasing communication, collaboration and resource sharing

6. Provide training and professional development opportunities for Town workforce

7. Upgrade and maintain Town information technology


1. Town workload and organizational capacity with increasing demands for service

2. Increasing requests for information under FOIA

3. Maturing Town workforce and the need for succession planning

4. Growing public concerns about public employee compensation and benefits

5. Negative and personally attacking comments about Town employees and departments

6. Developing meaningful, outcome based performance measures and using them to improve Town delivery of services

7. Finding the next generation of Town technical employees dedicated to public service




Policy Agenda

1. Working Relationship with Worcester County Top Priority

2. November Town Election High Priority

3. Reward System for Top Performers

Management Agenda

1. Planning and Zoning Evaluation Top Priority

2. 9-1-1 Primary Answering Point/311 Non Emergency Government Top Priority Information Center

3. Information Technology Upgrade Plan Top Priority

4. Network Backbone Replacement High Priority

5. Avaya Phone System Replacement Mod Priority

6. Seasonal Police Comprehensive Evaluation Mod Priority

7. Performance Measurement System Development (ICMA)

8. Personnel Rules and Regulations

9. Succession Planning Development


1. Web based Building Permits and Business Licenses

2. Web Link Laser Fiche Web Portal

3. Strategic Planning: Annual Update

4. City Properties Insurance Review

5. Town Policy and Procedure Manual: Completion

6. Emergency Management/Town Facilities Evacuation Plan and Training

7. Health and Safety Manual/Training/Policy Review

8. Fire Operating Standard Guidelines

9. Chamber Audio Video Upgrade

10. Electronic Record/Laser fiche: Strategic Planning

11. Water Quality Administrative Consent Decree

12. Parks: Evaluation and Direction

13. Safety Hazard Training Program

Major Projects 2014

1. Fire Station 4

2. Fire Headquarters



GOAL 5 REVITALIZED OCEAN CITY: DEVELOPMENT AND REDEVELOPMENT

Objectives

1. Attractive and personally inviting Boardwalk with a variety of retail shops and quality restaurants

2. More pedestrian friendly and walkable community with public transportation options

3. Attract private sector investments to Ocean City

4. Revitalize "Downtown" through improved infrastructure, expanded business investment and more events

5. Expand the number of quality retail businesses: national chains and locally owned unique shop

6. Easy access and convenient parking


1. Revitalizing Downtown and working with property/business owners

2. Attracting private investments to Ocean City

3. Developing public-private partnerships that better the community

4. Property and business owners not investing in the maintenance or upgrade of their commercial centers or buildings

5. Lack of control and impact of West Ocean City




Policy Agenda

1. Dualization of Route 90: Advocacy Top Priority

2. Ocean Plaza Mall Strategy High Priority

3. Downtown “Model Block” Development High Priority

4. Downtown One Way Pairs

5. Comprehensive Plan: Update

Management Agenda

1. Land Acquisition/Disposal Strategy High Priority


1. Road Re-Surfacing Plan: Review/Funding

Major Projects 2014

1. St. Louis Avenue Improvements

2. Boardwalk Fiber Optic Improvements



Town of Ocean City Policy Agenda 2014

TOP PRIORITY Tourism Strategic Plan: Development

Bayside Park Development

Tax Differential: Resolution

Smoking on the Beach/Boardwalk Policy

Working Relationship with Worcester County

Dualization of Route 90: Advocacy HIGH PRIORITY School After Labor Day (Statewide): Advocacy

Citywide Compensation and Benefits Study and Policy

Pedestrian/Bike Safety Master Plan: Implementation

Beach Playground Equipment Replacement

November Town Election

Ocean Plaza Mall Strategy

Downtown “Model Block” Development

Ambulance/EMS/Fire Response (West Ocean City): Analysis



MODERATE PRIORITY Sunset Park Master Plan and Uses

Northside Park Building Improvements



Town of Ocean City Management Agenda 2014

TOP PRIORITY Planning and Zoning Evaluation

800 MHz Radio System Replacement

Sports Destination Marketing Program: Expansion

9-1-1 Primary Answering Point/ 3-1-1 Non Emergency Government Information Center

Information Technology Upgrade Plan HIGH PRIORITY Caroline Outdoor Stage: Upgrades

City Facilities Security Plan

License Plate Recognition Program for Route 90

Whiteside Facility Replacement

Tall Ship Capacity

Network Backbone Replacement

Land Acquisition/Disposal Strategy



MODERATE PRIORITY June Behavior Action Plan

Beach Events/Tournaments Expansion

Seasonal Police Comprehensive Evaluation

Avaya Phone System Replacement

Town of Ocean City Equipment and Labor Guidelines



Town of Ocean City Management in Progress 2014

1. Tourism Website Redesign

2. Tourism Mobile App Development

3. ROI for Private Events

4. New Banner Program

5. Advertising Agencies: Contract

6. Bus Locator App: Development

7. New Annual Event – “ Halloween in Ocean City”

8. Visitor Profile

9. Winterfest Pavilion: Facility and Program Event

10. P Card Program: Implementation

11. Pension Report (Annual)

12. Government Accounting Standards 67 Financial Reporting for Pensions

13. Capital Improvement Budget: FY 15

14. Document Archiving System: Imaging and Training

15. Water/Wastewater Rates: Review/Adjustment Resolution

16. Purchasing Policy and Procedure: Update

17. Online/Payment by Phone (Bus/Parking)

18. Online Bill Payments: Utilities

19. Building Fee Structure: Evaluation, Direction



20. Manual on Environmental Permitting

21. Special Enforcement Unit: Report

22. FEMA Maps: Ordinance

23. TMDL: Assign Load

24. Eagle’s Landing Golf Course Irrigation

25. Joint use of School Facilities

26. Comprehensive Emergency Operations Recovery Plan

27. Drug Action Plan

28. Web based Building Permits and Business Licenses

29. Web Link Laser Fiche Web Portal

30. Strategic Planning: Annual Update

31. City Properties Insurance Review

32. Town Policy and Procedure Manual: Completion

33. Emergency Management/Town Facilities Evacuation Plan and Training

34. Health and Safety Manual/Training/Policy Review

35. Fire Operating Standard Guidelines

36. Chamber Audio Video Upgrade

37. Electronic Record/Laser fiche: Strategic Planning

38. Water Quality Administrative Consent Decree

39. Parks: Evaluation and Direction

40. Safety Hazard Training Program

41. Road Re-Surfacing Plan: Review/Funding



Town of Ocean City Major Projects 2014

1. Beach Replenishment

2. Airport Improvement: Environmental Assessment, Tree Removal

3. Boardwalk Security Cameras: Phase 2


5. Water Disinfection By Products Pilot Study

6. Downtown Water Storage Tank

7. Northside Park: Pier Re – Decking

8. Tennis Center Fence

9. New Kayak Rental Concession

10. Skate Park Sunshade


12. Canal Dredging Project

13. Beach Patrol Headquarters

14. Eagle’s Landing Golf Course: Improvements at Club House

15. Public Boat Ramp: Relocation, Expansion

16. Fire Station 4

17. Fire Headquarters Building

18. St. Louis Avenue Improvements Phase II and III

19. Boardwalk Fiber Optic Improvements


10 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

A. First Reading – Ordinance ratifying a Memorandum of

Understanding with the Worcester County Commissioners (Eagle’s Landing Golf Course spray irrigation system and easement grant for same)

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: First reading of ordinance ratifying Memorandum of Understanding between the

Mayor, Council and Worcester County Commissioners DATE: June 25, 2014 ISSUE(S): Spray irrigation system at Eagle’s Landing Golf Course SUMMARY: The Mayor, City Council and Worcester County Commissioners

have reached an agreement, documented in a Memorandum of Understanding (MOU), to work together on the construction of new spray irrigation system at Eagle’s Landing Golf Course. This system will allow the treated wastewater effluent from the new Mystic Harbour Wastewater Treatment Facility to be stored and spray irrigated on golf course lands. The MOU benefits the City by providing a new irrigation system for Eagles Landing Golf Course, and benefits the County by providing an environmentally beneficial means for effluent reuse.

FISCAL IMPACT: For the City, capital improvements, credit for equity and future

capital charges and compensation for 40 years of EDU charges approximately $ 2,092,544.

RECOMMENDATION: Pass ordinance for second reading. ALTERNATIVES: None suggested. RESPONSIBLE STAFF: Hal Adkins, Public Works Director

Jim Parsons, Public Works Chief Deputy Director Susan Petito, Recreation and Parks Director Joe Perry, Golf Course Superintendent Bob Croll, Head Golf Professional

COORDINATED WITH: Not applicable ATTACHMENT(S): Memorandum of Understanding

Agenda Item # 10A




B. Resolution approving the application and receipt of

financing for Community Legacy Projects (to continue OCDC Façade Program and for St. Louis Avenue Phase III decorative street lighting)

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Resolution for Community Legacy Program application DATE: June 30, 2014

ISSUE(S): Request approval of Resolution to support Ocean City Development Corporation’s application request for Community Legacy grant funds

SUMMARY: The OCDC is seeking grant funding from the State’s Community

Legacy Program for two revitalization projects: 1) OCDC Façade Improvement Program 2) Decorative street lighting for Phase III of the St. Louis

Avenue street improvements project. FISCAL IMPACT: $209,502 from State grant funds RECOMMENDATION: Ratify resolution. ALTERNATIVES: No alternatives suggested. RESPONSIBLE STAFF: Glenn Irwin, OCDC Executive Director COORDINATED WITH: Hal Adkins, Public Works Director

Matt Margotta, Director of Planning & Community Development ATTACHMENT(S): 1) Resolution

2) Description of grant requests with cost estimates 3) Street lighting cost estimate

Agenda Item # 10B


RESOLUTION 2014- Resolution of the Mayor and City Council of Ocean City, approving the application and receipt of financing for Community Legacy Projects in Ocean City, Maryland further described in the Community Legacy Application (“The Application”) either directly by the Department of Housing and Community Development (the "Department") of the State of Maryland or through other departments or agencies of the State of Maryland. WHEREAS, the Mayor and City Council of Ocean City recognizes that there is a significant need for reinvestment and revitalization of the communities in Ocean City; and, WHEREAS, the Ocean City Development Corporation proposes to develop Community Legacy Projects as further described in the Application, the purpose of which will be to contribute to the reinvestment and revitalization in the Area; and, WHEREAS, the Department, either through Community Legacy or through other programs of the Department, or in cooperation with other State departments or agencies, may provide some or all of the financing for the Project (the "Project Financing") in order to assist in making it financially feasible; and WHEREAS, the Sustainable Community is located within a priority funding area under Section 5-7B-02 of the Smart Growth Act and the Project will conform to the local zoning code; and WHEREAS, the applicable law and regulations require approval of a Sustainable Community, the Project and the Project financing by the Mayor and City Council of Ocean City and, where appropriate, by the chief elected executive official of the local subdivision; NOW, THEREFORE BE IT RESOLVED THAT the Mayor and City Council of Ocean City hereby endorses the request for financial assistance in the form of a grant or loan in the amount of $209,502; and BE IT FURTHER RESOLVED THAT, the Mayor be, and is hereby requested to endorse this Resolution, thereby indicating his approval thereof; and, BE IT FURTHER RESOLVED THAT copies of this Resolution be sent to the Secretary of Housing and Community Development of the State of Maryland for consideration by the Community Legacy Board.

READ AND PASSED THIS ____ day of July, 2014. ATTEST: _______________________ _________________________ Kelly Allmond Richard W. Meehan City Clerk Mayor _________________________ Lloyd Martin President Approved as to form: _________________________ ________________________ Mary Knight Guy R. Ayres, III Secretary City Solicitor

Description of Grant Requests As part of the annual Community Legacy Program application, the Town of Ocean City must approve a resolution stating that it supports the submission of the Ocean City Development Corporation’s application for funding. This year’s application deadline is July 15th. Attached is the boilerplate resolution from the Maryland Department of Housing & Community Development that endorses the OCDC’s submission of this year’s application requests. The OCDC is requesting the Town of Ocean City to approve this resolution that requests $209,502 for the following two revitalization projects:

1) OCDC Façade Improvement Program for buildings between the Inlet and 17th Streets in the designated Sustainable Communities Area - $75,000

2) Street enhancements to the St. Louis Avenue project - $134,502

The first item requests funding to continue the implementation of the highly successful OCDC Façade Improvement Program. To date, over 150 downtown buildings have been renovated using this program. The OCDC Green Building Program has been merged into the Façade Program that allows energy efficient products such as Energy Star rated windows and doors and “cool roofs” to be made part of the overall improvements. The second funding request is for St. Louis Avenue street enhancements. As you are aware, Phase III of the St. Louis Avenue project will be commencing this fall and the total project will be completed over the next two years. The OCDC is proposing that we request $134,502 for such decorative lighting fixtures that will pay for the third phase lighting from 4th Street to North Division Street. The OCDC believes this decorative pedestrian light is a better fit than the much taller cobra head lights for the residential character of St. Louis Avenue. The Phase I and Phase II street light fixtures have been an enhancement to the overall street project. It is also consistent with the OCDC goals of improving the pedestrian environment in the downtown area. In addition to just adding these decorative street lights to St. Louis Avenue, the total figures also include adding these LED heads to existing lights between the Route 50 Bridge and Somerset Street as well as the 1st Street parking lot. These LED heads are more energy efficient than the existing street light heads and thus will be less costly to operate. Attached is a cost estimate for such street lighting. Each year the Community Legacy Program funding is very competitive. This year the CL program has $6 million available, but the pool of applicants is expected to be very large. However, the OCDC believes these three requests are all good projects and will yield a high leveraging of State dollars, which the State likes to see in its applications. Thank you for your consideration of this request and as always we appreciate your continued support of our downtown revitalization efforts.



C. Resolution approving the application and receipt of funds

for demolition costs (to demolish eight (8) buildings owned by the Town and OCDC on the Dorchester/Somerset Street block)

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Resolution for Strategic Demolition and Smart Growth Impact Fund Program

application DATE: June 30, 2014

ISSUE(S): Request approval of Resolution to support Ocean City Development Corporation’s application request for Strategic Demolition and Smart Growth Impact Fund grant funds.

SUMMARY: The OCDC is seeking grant funding from the State’s Strategic

Demolition and Smart Growth Impact Fund to demolish nine buildings on the Dorchester/Somerset Street block.

FISCAL IMPACT: $393,781 from State grant funds RECOMMENDATION: Ratify resolution. ALTERNATIVES: No alternatives suggested. RESPONSIBLE STAFF: Glenn Irwin, OCDC Executive Director COORDINATED WITH: Terry McGean, City Engineer

Matt Margotta, Director of Planning & Community Development ATTACHMENT(S): 1) Resolution

2) Description of grant requests with cost estimates 3) Demolition cost estimate

Agenda Item # 10C


RESOLUTION 2014- Resolution of the Mayor and City Council of Ocean City, approving the application and receipt of financing for a Strategic Demolition and Smart Growth Impact Fund Project in Ocean City, Maryland further described in the Strategic Demolition and Smart Growth Impact Fund Application (“The Application”) either directly by the Department of Housing and Community Development (the "Department") of the State of Maryland or through other departments or agencies of the State of Maryland. WHEREAS, the Mayor and City Council of Ocean City recognizes that there is a significant need for reinvestment and revitalization of the communities in Ocean City; and, WHEREAS, the Ocean City Development Corporation proposes to utilize this SD-SGIF as further described in the Application, the purpose of which will be to contribute to the reinvestment and revitalization in the Area; and, WHEREAS, the Department, either through SD-SGIF or through other programs of the Department, or in cooperation with other State departments or agencies, may provide some or all of the financing for the Project (the "Project Financing") in order to assist in making it financially feasible; and WHEREAS, the Sustainable Community is located within a priority funding area under Section 5-7B-02 of the Smart Growth Act and the Project will conform to the local zoning code; and WHEREAS, the applicable law and regulations require approval of a Sustainable Community, the Project and the Project financing by the Mayor and City Council of Ocean City and, where appropriate, by the chief elected executive official of the local subdivision; NOW, THEREFORE BE IT RESOLVED THAT the Mayor and City Council of Ocean City hereby endorses the request for financial assistance in the form of a grant or loan in the amount of $393,781; and BE IT FURTHER RESOLVED THAT, the Mayor be, and is hereby requested to endorse this Resolution, thereby indicating his approval thereof; and, BE IT FURTHER RESOLVED THAT copies of this Resolution be sent to the Secretary of Housing and Community Development of the State of Maryland.

READ AND PASSED THIS ____ day of July, 2014. ATTEST: _______________________ _________________________ Kelly Allmond Richard W. Meehan City Clerk Mayor _________________________ Lloyd Martin President Approved as to form: _________________________ ________________________ Mary Knight Guy R. Ayres, III Secretary City Solicitor

Description of Grant Requests As part of the Strategic Demolition and Smart Growth Impact Fund Program application, the Town of Ocean City must approve a resolution stating that it supports the submission of the Ocean City Development Corporation’s application for funding. This year’s application deadline is July 15th. Attached is the boilerplate resolution from the Maryland Department of Housing & Community Development that endorses the OCDC’s submission of this year’s application requests. The OCDC is requesting the Town of Ocean City to approve this resolution that requests $393,781 for the following revitalization project:

1) Demolition of nine structures on the Dorchester Street/Somerset Street block between Baltimore and Philadelphia Avenues commonly referred to as the Model Block.

The OCDC, working with the Town of Ocean City, has long envisioned the assemblage of several properties with the intent of attracting a redeveloper to construct a mixed use project in the core of the downtown area. Currently there are eight buildings on City owned property and the OCDC has a contract to purchase the property with one additional building at 108 Somerset Street. The total estimated cost to demolish these nine buildings is $393,781. The OCDC anticipates demolition of these buildings in 2015 and will be seeking development interests for this future redevelopment project. Attached is a cost estimate for the demolition of the nine buildings on this block. The State of Maryland’s Strategic Demolition and Smart Growth Impact Fund has been in existence for two years and is expected to be a very competitive funding process. This year the program has $7.5 million available, but the pool of applicants is expected to be very large. However, the OCDC believes this Model Block project is a very good project and will yield a high leveraging of State dollars, which the State likes to see in its applications. This is the same State funding program for which the OCDC was awarded a $90,000 grant towards the demolition/predevelopment costs for the Fat Daddy’s mixed use project. Thank you for your consideration of this request.



D. Resolution establishing FY15 wastewater laboratory test

fees (for sewer connection, plumbing permit and laboratory tests)

6

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Charlie Felin, Wastewater Department Superintendent RE: Resolution to establish FY15 wastewater lab fees DATE: July 1, 2014

ISSUE(S): FY15 recommended lab fee schedule SUMMARY: In accordance with Town Code §94-69, Rates and Charges, fees

for collecting and testing water and wastewater samples, sewer connection charges and plumbing permit fees shall be as established, from time to time, by resolution of the Mayor and Council. Cost to cover laboratory tests were last increased in May 2012. This resolution proposes an increase in fees for ten (10) tests to cover expenses with an average increase of $2.75 per test.

FISCAL IMPACT: None RECOMMENDATION: Ratify resolution ALTERNATIVES: None RESPONSIBLE STAFF:

Charlie Felin, Wastewater Department Superintendent Christie Menning, Laboratory Supervisor

COORDINATED WITH: Jim Parsons, Chief Deputy Director of Public Works Guy Ayers, City Solicitor

ATTACHMENT(S): Resolution and fee schedule

Agenda Item # 10D



11 – COMMENTS FROM THE PUBLIC Any person who may wish to speak on any matter at the Regular Session may

be heard during Comments from the Public for a period of five( 5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.


12 – COMMENTS FROM THE CITY MANAGER

A. Review of tentative work session agenda for July 15, 2014


13 – COMMENTS FROM MAYOR AND CITY COUNCIL

july 7 2014 complete agenda

Documents

adjournregular session

personnel matter

public purpose

reputation of individuals

public business

specific individuals

state government article

acquisition of real