By Greg Elliosn

(March 3, 2022) Berlin Mayor Zack Tyndall and Town Council discussed an upcoming community bike ride, along with ordinances tied to zoning for crematoriums, short-term rental regulations and establishing an abatement fund during its meeting on Monday.

Community bike ride

Economic & Community Development Director Ivy Wells requested approval to stage a community bike ride in Berlin on May 20 at 7 p.m.

Wells told the council May is National Bike Month, which provides an annual opportunity to showcase health and wellness aspects related to the pastime.

Wells said last year the Worcester County Bike and Pedestrian Coalition hosted several inaugural rides in local communities, with another round scheduled this spring.

“In 2022 community bike rides will be held on May 14 in Snow Hill and Pocomoke City and May 21 in Ocean Pines,” she said.

Police Chief Arnold Downing assisted Wells to plot routes for the ride that starts and ends at Heron Park.

Further assistance has been offered by Worcester County Bike and Pedestrian Coalition member Patti Stevens, who agreed to provide volunteers for the Berlin event.

“Tom Simon, whose business is helping promote bike safety, will also be in attendance that evening,” she said.

Tyndall asked if the ride path could be expanded to include other neighborhoods in Berlin.

“Could we extend the bike route across the highway and go through Decatur Farms in future years?” he said. Downing highlighted safety concerns related to highway crossings.

“They could do a separate ride actually in Decatur Farms,” he said.

Crematorium

Council held a first reading to establish crematoriums as a conditional use in M-1A industrial districts.

Town Attorney Dave Gaskill said a public hearing on the proposed zoning code amendment is slated for March 14.

“We would amend zoning code to include a definition for a crematorium as a building or facility containing furnaces for cremating dead human bodies,” he said.

Gaskill noted conditional use requests require approval from the Board of Appeals.

Short-term rentals

Council also reviewed tweaks to proposed short-term rental regulations ahead of a public hearing on March 28.

In September, Planning Director Dave Engelhart presented a draft ordinance developed during a council work session in June. The issue was initially examined in 2018 when no action was taken.

“We’ve had some different versions of this,” he said. “We’ve simplified it quite a bit.”

Among the recent changes are including eligible zoning for short-term rentals to include R1-4 residential districts and B1-3 business districts.

Engelhart said short-term rental ordinance licensing fees include an initial $350 charge with annual renewal costing $125.

To be licensed, owners would need to have properties inspected for fire safety, egress and other quality of life issues.

“There would be an inside and outside placard listing the license number,” he said.

Licensing rules would also require the inclusion of a property agent available to contact 24 hours seven day a week.

“They must be capable of responding and be located within 30 miles of Berlin,” he said.

Also, one additional off-street parking space, beyond normal zoning requirements, would be needed for each bedroom rented for stays under 28 days.

“Those were the only items that were not really accomplished in the last draft,” he said.

Tyndall asked about related violation charges for short-term rentals.

Engelhart said renting without licensing would warrant a recurring $600 fine for every 30 days in operation.

Civil violations start at $100 for the first occurrence, which jumps to $200 for repeat offenses, along with the potential for license revocation for recurring problems.

Engelhart said licensing compliance would be largely voluntary for property owners, while enforcement of violations would be complaint driven

Council member Jay Knerr asked why a provision requiring short-term rentals to be owner’s primary residence was deleted.

Engelhart said the change was based on the negative response from residents in attendance during the council discussion in September.

“People at the past hearing said that would prevent them from renting,” he said.

Tyndall said following the September meeting council members sought means to address concerns aired.

“The council was divided with some for allowing people to not own and still have short-term rentals, while others felt it was necessary,” he said.

Gaskill said the ordinance could be further amended in the future.

“We will have to have a public hearing,” he said. “After that you could propose amendments and if not happy you could vote against.”

Abatement fund

Council approved establishing a local abatement fund to qualify to receive payouts from a recent national settlement reached with opioid manufacturers.

Gaskill said Maryland has entered into a state-subdivision agreement as part of a national settlement reached with Johnson & Johnson, Amerisource Bergen, Cardinal Health and McKesson.

“We’re required to do this to receive any funds from the state,” he said.

While time frames and amounts remain unknown, the funding would be distributed through the Maryland Department of Health.

“We are required my March 22 to pass a resolution and establish that fund,” he said.

Gaskill said the funds would be primarily for prevention and treatment for opioid abuse.

“The state legislature is in the process of passing a bill to allow us to do this,” he said. “We need to have this separate bank account because it’s going to be audited where money goes.”

Unspent funds would be returned to pharmaceutical companies.