District Cour t Judge Denies Town’s Attempt To Fine Rental Owner

BERLIN – A Worcester County District Court judge last week dismissed a case related to an unlicensed short-term rental property in Berlin

On Friday, Aug 11, Worcester County District Court Judge Gerald Purnell dismissed a case against Bryan Brushmiller related to an unlicensed short-term rental in Berlin As a result, Brushmiller will not have to pay the more than $5,000 in fines he received from operating his short-term rental on Main Street without a license

“The long and short of it was although the ordinance was being violated it no longer is so Judge Purnell perceived the problem was over,” said David Gaskill, the town’s attorney

In late May, the town issued Brushmiller two citations related to operating his short-term rental, what was known as the “Brew House on Main,” without a license In 2022, the town passed an ordinance regulating short-term rentals that requires them to be licensed and inspected as well as operated only in dwellings that are a property owner ’s primary residence in the residential zoning district

Brushmiller, whose rental application was not approved, was fined after numerous residents voiced complaints about the Main Street property Dave Engelhart, the town’s planning director, issued him two citations for renting without a license The town’s shortterm rental ordinance sets the fine for renting without a license at $600 a day

Brushmiller was fined $2,400 for one violation and $3,000 for another

When issued the citations, however, Brushmiller elected to appear in Worcester County District Court When the case was heard by Purnell last Friday, Engelhart and Gaskill said the judge believed the issue was addressed by the fact that Brushmiller was no longer renting his property on a short-term basis

“Judge Purnell concentrated on had the activity stopped and it had,” Engelhart said

Aside from this issue, Engelhart said the new short-term rental licensing program was running smoothly He said there were 10 licensed, legally operating rental properties and a few other applications were still being reviewed

OCEAN CITY – Resort tourism officials announced Monday the Ocean City Balloon Festival set for next week has been canceled

While little information was shared, Ocean City officials updated a post about the balloon festival to say it was canceled on Monday On Tuesday, the OCBalloonFest Facebook page had been updated to say the event was taking place in Easton, not in Ocean City

“Excited to announce the Original Chesapeake Balloon Festival is returning to Triple Creek Winery, minutes from Easton on Maryland’s mid-shore, Aug 25-27, 2023,” the post read

Hundreds of tickets were sold to the Ocean City Balloon Festival in the weeks leading up to the new event, which was approved by Ocean City officials in March

Though the festival, which was set to take place at Seaside Christian Academy, was being advertised online by Ocean City Tourism up until last week, a meeting last Wednesday revealed that numerous law enforcement and emergency personnel had concerns about the event Zoning officials said limited information had been provided about the event That concern was reiterated by Maryland State Police, representatives of the Maryland State Highway Administration and various emergency services officials One of the major issues cited was the fact that organizers hadn’t yet sought the necessary permits, which can be a lengthy process Maryland State Police Lt Earl Starner, commander of the Berlin Barrack, said typically event organizers met with agencies to discuss things like traffic and access months prior to an event He indicated getting the needed approvals in a few weeks would be difficult

“I’m not saying it’s impossible but there is a process,” Starner said “You’re going to impact traffic in a negative way therefore you need an approved permit ”

Alex Spies of the American Farm Foundation, the event organizer, said it was a first-year event that would consist of some tethered hot air balloons with music and vendors He said the event could attract 3,000 visitors to the West Ocean City location He assured officials he would provide the various planning details they needed

Following last Wednesday’s meeting, Spies was expected to meet with the Worcester County Board of Zoning Appeals last Thursday to ask for a special exception that was needed for the event to be held At that meeting, however, Zoning Administrator Kristen Tremblay said the request was tabled

“The applicants will be working with the county and its partners on the items needed for approvals,” she said “I do not know when the event will be rescheduled for ”

On Monday, however, Ocean City Tourism advised that the event had been canceled

“Canceled: OC Balloon Fest- Aug 2527,” the post read “For any inquiries about the Ocean City Balloon Festival, kindly reach out to the event organizer ”

At a meeting of the resort’s tourism commission Monday afternoon, Councilman Will Savage brought up the event and asked how the situation could have been handled better

“What went wrong here?” he said “It’s not a very pretty look for us ”

City Manager Terry McGean said the event’s organizers were required to get various permits from the county

“I think the bottom line is when they came in, he was not as prepared as he should have been,” he said

Tom Perlozzo, the director of tourism and business development for Ocean City, said the resort recruited events like the balloon festival and had liked the concept because it would have included a balloon glow on the beach He said the promoter was advised what needed to be done for the event to occur

“We don’t know if it got done or didn’t get done , ” Perlozzo said during the tourism commission meeting “We just decided that at this point we are going to move on and look at it in 2024, potentially looking at having it here, inside ”

When asked if the 2024 event would be with the same promoter, Perlozzo said it was too early to say

“That has yet to be seen,” he said “We’d like to He’s a good guy ”

According to the OCBalloonFest Facebook page, which was updated on Tuesday to reflect logos for the Original Chesapeake Balloon Festival rather than the Ocean City Balloon Festival, the event will remain on the same dates as advertised but will take place at Triple Creek Winery

The event website, ocballoonfest com, provides similar information

“An exciting update for the Eastern Shore of Maryland, what was to be the first Ocean City Balloon Festival has now been moved back to Talbot County and renamed the Original Chesapeake Balloon Festival,” the website reads “Still taking place August 25-27, festival organizers are responding to an overwhelming number of messages from the mid-shore and encouragement from Talbot County government, requesting them to bring the festival back home to Easton ”

Tickets are still on sale online Balloon festival officials advised commentors on Facebook that all tickets would be honored at the new location

“However, everyone who purchased tickets when the event was to be held in Ocean City will be receiving an email today with an update, to include how to request a refund if it is no longer convenient for them,” the social media post reads