complete agenda - aug 26 work session

Upload: town-of-ocean-city

Post on 11-Oct-2015

80 views

Category:

Documents


0 download

DESCRIPTION

Ocean City Mayor & City Council Agenda Packet for August 26, 2014

TRANSCRIPT

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    1/50

    MAYORANDCITYCOUNCIL

    WORKSESSION

    Tuesday,August26,20141:00P.M.

    AClosedSessionisscheduledfrom12:001:00P.M.todiscusslegalandcontractualmatters.

    AGENDA

    1. CALLTOORDER

    2. REPORTONCLOSEDSESSIONTuesday,August26, 201412:001:00p.m.

    3. ACKNOWLEDGEMENTSANDRECOGNITIONS

    A. RecognitionofRetirementforCharlesBunting,PublicWorksMaintenance

    B.

    RecognitionofRetirementforFrankMarshall,PublicWorksConstruction

    4. COMMENTSFROMTHEPUBLIC

    AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda

    maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmay

    bedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,

    addressandtheAgendaitemonwhichheorshewishestospeak.

    5. NEWBUSINESS

    A. BidOpenings AnnualConcreteSidewalkMaintenanceContract

    B. DiscussionofChamberVisitorGuideAgreement RenewalpresentedbyTourismDirector

    C. 2015NoSmokingProposalpresentedbyPlanning/CommunityDevelopmentAssistantDirector

    andPlanner

    D. RequestforApprovaltoTransferStormwaterandCriticalAreaMitigationFundsfor

    Stormwater,HabitatandPerviousPavementProjectspresentedbyEnvironmentalEngineer

    6. ADJOURN

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    2/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    2. Report on Closed Session August 26, 2014 12:00 p.m.

    1:00 p.m. Legal and Contractual Matters

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    3/50

    NOTICE OF CLOSED SESSION OF THE 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 ofappointees, 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 discussionwould constitute a risk to the public or public security, including;

    a) the deployment of fire and police services and staff; and

    b) the development and implementation of emergency plans

    11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

    12. Conduct or discuss an investigative proceeding on actual or possible criminal

    conduct;13. Comply with a specific constitutional, statutory or judicially 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 participatein the competitive bidding or proposal process

    DATE AND TIME: Tuesday, August 26, 2014 at 12:00 p.m.

    PLACE: Executive Conference Room

    SUBJECT: Legal and Contractual Matters

    VOTE: UNANIMOUS

    OTHER: FOR:

    AGAINST:

    ABSTAIN:

    ABSENT:

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    4/50

    REPORT OF CLOSED SESSION

    OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

    Prior to this open session of the Mayor and City Council being held on Tuesday,

    August 26, 2014 a closed session was held on Tuesday, August 26, 2014 at Noon.

    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 RecorCouncil President Lloyd Martin

    Council Secretary Mary Knight

    Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare;and Joe Mitrecic

    City Solicitor Guy Ayres

    City Engineer Terry McGeanExecutive Office Associate Diana Chavis

    Action(s) taken:

    Motion to close meeting: 2nd

    : Unanimous

    S:\DIANA\CLOSED SESSION\CLOSED SESSION REPORT.DOC

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    5/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    3. ACKNOWLEGEMENTS AND RECOGNITIONS

    A.

    Retirement Recognition of Charles Bunting, Public Works

    Maintenance

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    6/50

    IN APPRECIATION OF CHARLES L. BUNTING

    30 YEARS OF SERVICECharles Bunting has contributed Thirty (30) years of

    dedicated service to the Town of Ocean City, where he began his career in1984; and

    WHEREAS, Charles Bunting has played an integral role in both theRecreation and Parks and the Public Works Departments for the Town ofOcean City for 30 years; and

    WHEREAS, for the first 16 years of his career with Ocean City, Charleshelped maintain the facilities at Northside Park and other park locationsthroughout Ocean City. During his 14 years at the Public WorksDepartment, Charles has driven and operated many types of small andheavy equipment to keep the Ocean City beach and streets clean; and

    WHEREAS, Charles Buntings skill and experience have been instrumentalin the overall success of the Recreation and Parks and Public Works

    Departments for the Town of Ocean City, Maryland.

    NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of OceanCity, Maryland, along with the Ocean City Council, do hereby commendCharles for his Thirty (30) years of devoted service and wish him a happyand healthy retirement.

    IN WITNESS WHEREOF, I have hereunto set my hand and caused theGreat Seal of the Town of Ocean City, Maryland to be affixed this 26thday

    of August in the year of Our Lord two thousand and fourteen.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    7/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    3. ACKNOWLEGEMENTS AND RECOGNITIONS

    B.

    Retirement Recognition of Frank Marshall, Public Works

    Construction

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    8/50

    IN APPRECIATION OF FRANK O. MARSHALL, SR.35 YEARS OF SERVICE

    Frank Marshall has contributed Thirty-five (35) years ofdedicated service to the Town of Ocean City, where he began his career in1975; and

    WHEREAS, Frank Marshall has played an integral role in the Public WorksDepartment for the Town of Ocean City for 35 years; and

    WHEREAS, Frank worked on beach replenishment, street cleaning andinstalled water service lines before becoming a Supervisor for the PublicWorks Construction Department; and

    WHEREAS, Frank Marshalls skill and experience have been instrumentalin the overall success of the Public Works Department for the Town ofOcean City, Maryland.

    NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of OceanCity, Maryland, along with the Ocean City Council, do hereby commendFrank for his Thirty-five (35) years of devoted service and wish him ahappy and healthy retirement.

    IN WITNESS WHEREOF, I have hereunto set my hand and caused theGreat Seal of the Town of Ocean City, Maryland to be affixed this 26thdayof August in the year of Our Lord two thousand and fourteen.

    __________________________________RICHARD W. MEEHANMayor

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    9/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    4. COMMENTS FROM THE PUBLIC

    Any person who may wish to speak on a matter scheduled for discussion on the Work

    Session Agenda may be heard during Comments from the Public for a period of three

    (3) minutes or such time as may be deemed appropriate by the Council President.

    Anyone wishing to be heard shall state their name, address and the subject on which

    he or she wishes to speak.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    10/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    5. NEW BUSINESS

    A.

    Bid Opening - Annual Concrete Maintenance Sidewalk

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    11/50

    Annual Concrete Sidewalk - Repair Replacement Bid

    CONTRACTORS Base Bid

    Goody Hill Groundwork

    Malone & Phillps Unable to Bid

    Worth Construction

    Create PDFfiles without this message by purchasing novaPDF printer (http://www.novapdf.com)

    http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/
  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    12/50

    1

    INFORMATION FOR BIDDERS

    BIDS will be received by THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND(herein called the TOWN), at the office of the City Manager, City Hall, 3

    rdStreet & Baltimore

    Avenue, Ocean City, Maryland during normal business hours until 4:00 PM, Monday,AUGUST25, 2014, and then opened and read aloud at the Work Session the following day, August 26 th,2014 at 1:00 PM.

    Each BID must be submitted in a sealed envelope, addressed to the Mayor and City Council ofthe Town of Ocean City, Maryland. Each sealed envelope containing a BID must be plainlymarked on the outside as BID for: FY 2015 Annual Sidewalk Maintenance: ConcreteRepairs/Replacementand the envelope should bear on the outside the name of the BIDDER,his address, and the name of the project for which the BID is submitted. If forwarded by mail, thesealed envelope containing the BID must be enclosed in another envelope addressed to theTown of Ocean City, City Managers Office, 301 Baltimore Avenue, P. O. Box 158, Ocean City,Maryland 21843.

    All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in,

    in ink or typewritten, and the BID form must be fully completed and executed when submitted.Only one copy of the BID form is required. PLEASE USE THE YELLOW BID FORM INCLUDEDIN YOUR BID DOCUMENTS.

    The TOWN may waive any informalities or minor defects or reject any and all BIDS. Any BID maybe withdrawn prior to the above scheduled time for the opening of BIDS or authorizedpostponement thereof. Any BID received after the time and date specified shall not beconsidered. No BIDDER may withdraw a BID within 60 days after the actual date of the openingthereof. Should there be reasons why the contract cannot be awarded within the specifiedperiod, the time may be extended by the TOWN.

    After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstandingconcerning the quantities or the nature of the SCOPE OF WORK to be performed.

    The TOWN shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, anddelineates and describes the scope of the BID.

    The CONTRACT DOCUMENTS contain the provisions required for the construction of thePROJECT. Information obtained from an officer, agent, or employee of the TOWN or any otherperson shall not affect the risks or obligations assumed by the CONTRACTOR or relieve himfrom fulfilling any of the conditions of the contract.

    The party to whom the contract is awarded will be required to execute an Agreementwithin ten (10) calendar days from the date when NOTICE OF AWARD is mailed to theBIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement.In case of Failure of the BIDDER to execute the Agreement, the Town may at its Option,

    Consider the BIDDER in default.

    The TOWN within ten (10) days of receipt of an acceptable Agreement signed by theparty to whom the Agreement was awarded, shall sign the Agreement and return to such party anexecuted duplicate of the Agreement. Should the TOWN not execute the

    Agreement within such period, the BIDDER may, by WRITTEN NOTICE, withdraw hissigned Agreement. Such notice of withdrawal shall be effective upon receipt of thenotice by the TOWN.

    The NOTICE TO PROCEED shall be issued simultaneously with the execution of the

    Create PDFfiles without this message by purchasing novaPDF printer (http://www.novapdf.com)

    http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/
  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    13/50

    2

    Agreement by the TOWN. Should there be reasons why the NOTICE TO PROCEEDcannot be issued at such time, the time may be extended by mutual agreement betweenthe TOWN and BIDDER. If the NOTICE TO PROCEED has not been issued within theten (10) day period or within the period mutually agreed upon, the BIDDER mayterminate the Agreement without further liability on the part of either party.

    The TOWN may make such investigations as it deems necessary to determine theability of the BIDDER to perform the WORK, and BIDDER shall furnish to the TOWNall such information and data for this purpose as the TOWN may request. The TOWN reservesthe right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails tosatisfy the TOWN that such BIDDER is properly qualified to carry out the obligations of the

    Agreement and to complete the WORK contemplated therein.

    A conditional or qualified BID will not be accepted.

    Award will be made to the lowest responsible BIDDER.

    Upon BID award to the successful lowest BIDDER, that Vendor/Contractor is required to produceor purchase a Town of Ocean City Business License before they perform work for the Town.

    ALL applicable laws, ordnances, and the rules and regulations of all authorities having jurisdictionover construction of the PROJECT shall apply to the contract throughout.

    Each BIDDER is responsible for inspecting the site and/or for reading and being thoroughlyfamiliar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any ofthe forgoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

    Further, The BIDDER agrees to abide by the requirements under Executive Order No. 11246, asamended, including specifically the provisions of the equal opportunity employment.

    Any questions should be directed to Dean Dashiell, Senior Project Manager,Ocean City Public Works Department (410) 520-5428 or e-mail [email protected].

    Create PDFfiles without this message by purchasing novaPDF printer (http://www.novapdf.com)

    mailto:[email protected]://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/mailto:[email protected].
  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    14/50

    BID FORM

    Proposal of____________________________(hereinafter BIDDER),

    Organized and existing under the laws of the State of_____________________

    doing business as a/an_____________________________________________.

    To the MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND(hereinafter called TOWN).

    In compliance with your Advertisement for Bids, BIDDER hereby proposes to

    perform all WORK for the FY 2015 SIDEWALK MAINTENANCE: CONCRETEREPAIRS/REPLACEMENTin strict accordance with the CONTRACTDOCUMENTS, within

    the time set forth therein, and at the prices stated below.

    By submission of this BID, each BIDDER certifies, and in the case of a joint BID

    each party thereto certifies as to his own organization, that this BID has been arrived

    at independently, without consultation, communication, or agreement as to any matter

    relating to this BID with any other bidder or with any competitor.

    BIDDER hereby agrees to commence WORK under this contract on or before a date

    to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT

    within 365 (CONTRACT FOR ONE YEAR) consecutive calendar days thereafter.

    BIDDER further agrees to pay as liquidated damages, the sum of $ -0- (NONE dollars)

    for each consecutive calendar day thereafter.

    BIDDER acknowledges receipt of the following ADDENDUM:

    .

    Create PDFfiles without this message by purchasing novaPDF printer (http://www.novapdf.com)

    http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/
  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    15/50

    BIDDER agrees to supply all labor and materials described in the GENERALSPECIFICATIONS for the following:

    BID SCHEDULE

    BASE BID

    ITEM OF WORK UNITS UNIT PRICE BID LUMP SUM

    A. Standard City Sidewalk 10,000 SF $_______ per SF $____________(Demo/Replace)

    Total Lump Sum $_________________

    UNIT PRICES

    ITEMS OF WORK UNIT UNIT PRICE BID

    UP-1 STD City Sidewalk S.F. IN BASE BID ABOVE(Demo & Replace)UP-2 STD City Sidewalk S.F. $______________(Installation Only)UP-3 STD 8 Curbing L.F. $______________(Demo & Replace)UP-4 STD 8 Curbing L.F. $______________(Installation Only)UP-5 STD SHA Type A Curb & Gutter L.F. $______________(Demo & Replace)

    UP-6 STD SHA Type A Curb & Gutter L.F. $______________(Installation Only)UP-7 Solid Waste Concrete Aprons S.F. $______________(Demo & Replace)UP-8 Solid Waste Concrete Aprons S.F. $______________(Installation Only)UP-9 Installation of ADA Truncated Domes S.F. $______________(Furnish and Install)UP-10 Furnish Equipment to Load and Haul S.F. $______________Concrete Debris to the Town Recycling Center

    NOTE:

    1. THIS CONTRACT WILL BE PAID BASED UPON THE SPECIFIC UNITPRICES BID MULTIPLIED BY THE ACTUAL QUANTITY OF WORK INPLACE AS MUTUALLY AGREED UPON BY THE CONTRACTOR ANDTHE TOWN.

    Create PDFfiles without this message by purchasing novaPDF printer (http://www.novapdf.com)

    http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/
  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    16/50

    2. IT IS THE INTENT OF THE TOWN TO AWARD THIS BID BASED ON THE LOWESTLUMP SUM BID RECEIVED.

    Respectfully submitted:

    ________________________________ _________________________Signature Address_______________________________ _________________________Title Date________________________________(seal if BID is by a corporation)License Number

    ________________________________Attest

    Create PDFfiles without this message by purchasing novaPDF printer (http://www.novapdf.com)

    http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/
  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    17/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    5. NEW BUSINESS

    B.

    Discussion of Chamber Visitor Guide Agreement Renewal

    presented by Tourism Director

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    18/50

    TOWN OF

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

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Donna Abbott, Tourism and Marketing DirectorRE: Renewal of Visitor Guide Letter of AgreementDATE: August 4, 2014

    ISSUE(S): A letter of agreement with the Chamber of Commerce for thevacation guide distribution is expiring. A new agreement isneeded for the 2015 guidebook. The new agreement is proposedto cover a two-year period.

    SUMMARY: In 2010, the Department of Tourism and the Greater Ocean CityChamber of Commerce entered into an agreement to merge theirrespective vacation guides into a single publication.

    In the original agreement, the Town was responsible for designand layout of the publication, while the Chamber sold andreceived ad revenue. When that agreement expired, asubsequent agreement gave the Chamber sole responsibility fordesign, content and distribution of the guide, while the Townpaid a portion of the postage costs and some ad space.

    In the proposed agreement, all terms in the current agreement

    would remain the same with the Town paying a portion of thecost of mailing the publication at a rate of 25 percent of thechambers annual cost, not to exceed $20,000. The Town wouldcontinue to purchase 4 pages of advertising, though the ad rateshave slightly increased.

    FISCAL IMPACT: Currently the Town budgets $20,000 to pay for vacation guidemail requests annually, plus $16,460 for ads. Based upon the2014 distribution costs incurred by the Chamber, the Town wouldpay the Chamber approximately $20,000. The new ad rate willcost an additional $160.

    1stClass Resort and Tourist Destination

    RECOMMENDATION: Enter into proposed agreement.

    ALTERNATIVES: Do not enter into agreement.

    RESPONSIBLE STAFF: Donna Abbott, Tourism Director

    COORDINATED WITH: Melanie Pursel, Ocean City Chamber Executive Director

    ATTACHMENT(S): Proposed Letter of Agreement

    Agenda Item # 5B

    Council Meeting August 26, 2014

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    19/50

    DRAFT

    Letter of Agreement2015 Ocean City Vacation Guide

    THIS LETTER OF AGREEMENT is being entered into by and between the Mayor and City Council of Ocean City(hereinafter referred to as the Town) and The Greater Ocean City Chamber of Commerce (hereinafter referred toas the Chamber) and is effective______, upon execution by both parties. This Letter of Agreement shallhereinafter be referred to as Letter or Letter of Agreement.

    Purpose

    The purpose of this Letter of Agreement is to guide and direct the parties respecting their affiliation and workingrelationship. Principal objectives for this Letter are to:

    1. Define responsibilities

    2. Define Towns commitment

    Term

    This Letter of Agreement shall commence on______. Thereafter, the term shall be extended for a period of two (2)years.

    Responsibilities

    The Chamber

    (A) The Chamber will be solely responsible for the ad sales, content, design, printing and distribution of the

    2015 and 2016 Official Ocean City Vacation Guide and all associated costs.(B)

    Distribution will include an initial direct mailing to all previous year requests, new requests through theonline form, calls and emails, bulk distribution and local distribution.

    (C) The Chamber will supply The Town with a sufficient supply of Guides for distribution to visitors in theVisitor Center, first-class mailings and trade shows at no cost to the Town of Ocean City.

    (D) The Chamber may solicit advertisements from Ocean City CVB members.(E) The Chamber will identify www.ococean.comas Ocean City Tourism website and www.oceancity.orgas

    the chamber of commerce website on the cover of the Guide.

    The Town

    (A)

    The Town has agreed to purchase 4 pages in the Guide.(B) The Town will mail the Guide via first class mail to all phone requests needing the guide immediatelyand on an as needed basis at The Towns discretion and expense.

    (C) The Town agrees that in the event a decision is made to produce its own destination-marketing piece noadvertising will be sold so as to not compete with the Chamber.

    (D) The Town will prominently include a Guide image and request form as well as a link to the digital onlineGuide on its website at www.ococean.comas well as periodically on its Facebook page and Board Talk enewsletter.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    20/50

    Resource Commitments

    (A) The Town has agreed to purchase 4 pages total at a cost of $16,620.00 per year for a two (2) year period.(B) The Town will pay a portion of the cost to distribute the publication at a rate of 25% of the annual

    distribution cost, not to exceed $20,000.(C) No other resources will be committed.

    Implementation

    This agreement is effective beginning with the 2015 Ocean City Vacation Guide.

    Entire Understanding

    This Letter of Agreement sets forth the entire arrangement between the parties and supersedes all prior oral andwritten understandings, representations, and discussions between the parties respecting the subject matter of thisletter.

    IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the dated indicated to signify their

    acceptance of this Letter of Agreement.

    Mayor and City Council forthe Town of Ocean City Greater Ocean City Chamber of Commerce

    By: ___________________ By: ___________________

    Date: _________________ Date: _________________

    Attest: ________________ Attest: ________________

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    21/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    5. NEW BUSINESS

    C.

    2015 No Smoking Proposal presented by

    Planning/Community Development Assistant Director and

    Planner

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    22/50

    TOWN OF

    The White Marlin Capital of the World

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Blaine Smith, Planning & ZoningRE: Smoking on the Beach and BoardwalkDATE: 8/20/14

    ISSUE(S): Restricting smoking on the beach and boardwalk

    SUMMARY:

    In the April 29, 2014 Work Session, the Mayor and Council directedCity Staff to present an implementation plan to impose smoking

    restrictions on our beach and boardwalk. A peer committee wasestablished to devise a plan of action, develop enforcement criteria,and prepare draft legislation for presentation by September 1,2014. The Committee found overwhelming support for enactingsuch legislation.

    FISCAL IMPACT:$17,000 -$20,000 to create designated smoking areas at eachstreet end and along the boardwalk.

    RECOMMENDATION:The Smoking Committee suggests weighing the three options toform a policy. It is clear that some regulatory standard is needed.

    More Livable Community for Residents

    ALTERNATIVES:Choose not to regulate smoking on the beach and boardwalksImpose more restrictive regulations by banning smoking.

    RESPONSIBLE STAFF:Blaine Smith, Assistant Director of PCDBob Nelson, Planner

    COORDINATED WITH:

    Ross Buzzuro, Police Chief; Lt. Scott Harner, Police; Captain ButchArbin, Beach Patrol; Lt. Ward Kovacs, Beach Patrol; JohnVanFossen, Assistant PW Director; Terry Steimer, Public WorksSupervisor; Wayne Pryor, Grants Coordinator

    ATTACHMENT(S):

    1)

    Smoking Regulations Power Point2) July 2014 Smoking Committee Discussion3) Ordinance 2011-07 entitled Tobacco Smoke4) Draft Ordinance to Ban Smoking5) Draft Ordinance to Regulate Smoking6) OCDCs Recommendation to Ban Smoking7) Beach Aerial Sample8) Dune Aerial Sample9) Boardwalk Aerial Sample10)Street End Sign Sample

    Agenda Item # 5C

    Council Meeting 8/26/14

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    23/50

    8/21/

    Town of Ocean City, MarylandBeach and Boardwalk Smoking

    Regulations Discussion

    Mayor and City CouncilWork Session

    August 26, 2014

    Why Regulate Smoking in Ocean City?

    Health Concerns asthma, respiratory, nasal, heart,ingestion by animals

    Reduce Litter toxic chemicals released, unsightly

    Environmental Costs children, animals, sealife

    Economic Costs lost revenue from tourists who wontvisit beaches with litter

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    24/50

    8/21/

    Smoke Free Initiative

    Sub-Committees Role Represented by Police, Grants, Planning, Public Works,

    Beach Patrol, P.I.O., Public Affairs

    Present options to the Mayor & Council

    Offer specific recommendations for implementation ofoptions based on experience and research

    Regulating Smoking

    Beach: Non-smokers exposure to second-hand smokehas direct affects; litter visibly detracts from nature

    Boardwalk: Non-smokers are exposed to smoke at closerange; litter is visible and disgusting

    Bus Stops: Riders are occasionally exposed at coveredstops; not suggested we regulate these areas --

    Enforcement is difficult due to undefined outdoor areaaround stops

    E-cigarettes not included no tobacco used

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    25/50

    8/21/

    The Options

    Do nothing continue to allow smokers anywhere onthe beach and boardwalk; beach has receptacles in usenow

    Regulate Smoking to Designated (defined) Areas yearround or seasonal

    Institute a Ban on Smoking on the beach or theboardwalk year round or seasonal?

    Pass an ordinance to mandate restrictions created & outlineenforcement staff and citation fees

    Public Survey Results

    Website & Access TV Channel message

    Request for opinions over 5 weeks

    37 responses received

    30 favored regulations or total bans

    7 not in favor of any restrictions

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    26/50

    8/21/

    Ocean City DevelopmentCorporations Boardwalk

    Committee Survey

    August 6, 2014 Discussion on smoking regulations

    Majority of Committee members agreed that a ban isnecessary

    Vote: To Ban Smoking from the Beach & Boardwalk

    Hotel-Motel Restaurant Association Survey

    Survey of businesses done in May, 2014

    Result: 60% favored a ban or restricting smoking

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    27/50

    8/21/

    Resources Needed for Restrictions

    Add text to existing signs

    New signs for boardwalk state or local grant?

    Receptacles for beach (170-metal) & boardwalk (30-plastic)

    Outreach materials for Springfest, Sunfest, Winterfest

    Towns website, TV channel, FM radio station to broadcastsmoking-related messages

    Funding

    Recent offer: Smoking message signs for town vehiclesmay be provided by state health department as outreach

    magnetic & adhesive brands in support of smokingcessation programs

    Estimated Cost to implement Regulated Smoking:$17,000-$20,000

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    28/50

    8/21/

    Designated Smoking Areas - Beach

    Each designated site would be 50 feet east of either theboardwalk or toe of the established dune

    Each beach site would have one 22-gallon red metalreceptacle clearly marked for smokers use

    Each boardwalk site would have one 4-gallon plasticreceptacle with a sign posting the area as designated forsmoking

    Existing signage at street ends or on lifeguard standswould inform beach-goers of designated smoking areas

    Designated Smoking Areas Continued

    Each designated site would be located no closer than 50feet from a beach entranceway but visible to all beach-goers

    May 1st to September 30th of each year, the designatedsmoking areas shall have receptacles provided for use.

    October 1st to April 30th of each year, receptacles wouldnot be in place along the beach. Normal maintenance

    would suffice.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    29/50

    1

    Ocean City Smoking Policy Discussion for 2015Discussion Date: 08/26/14Mayor & City Council of Ocean City, Maryland

    The Smoking Committee was formed in May, 2014, following a request by the

    Mayor and City Council to formulate a policy on regulating smoking on the OceanCity beach and boardwalk. Staff was tasked with developing an approach to theissue. The committee is comprised of staff from these departments: Planning &Community Development, Public Works, Police, Beach Patrol, City ManagersOffice,(Public Information Officer & Grants Coordinator), Public Affairs.

    Objective

    The Town of Ocean City is proposing that the use of tobacco products (notelectronic devices simulating the sensation of smoking used in vaping, a.k.a. e-cigarettes) be either regulated or banned on the boardwalk with encouragement

    to use ash receptacles where provided to protect the health of its visitors.

    Personal Vapoizers (PV) or Electronic Nicotene Delivery Systems (ENDS), alsoknown as E-cigarettes, are battery-powered devices which simulate tobaccosmoking by producing a vapor that resembles smoke. The user chooses flavorsand nicotine levels to inhale. The device uses a heating element (atomizer) thatvaporizes a liquid solution. There have been reports of these devices rupturingwith some actually exploding. Since no tobacco is consumed through such adevice, their regulation would not affect non-smokers. Two communities inCalifornia, Manhattan Beach and Carlsbad, have banned electronic vapingdevices where tobacco products have been banned.

    As for the beach, smokers would be encouraged to stay near the ash receptaclesprovided near the dune, if regulated, or not to smoke on the beach at all, ifbanned smoking is our desire. The Boardwalk could have designated smokingsites at intervals of one every 2-3 streets or a ban on smoking that would forcesmokers to move to the streets near businesses or onto the beachs designatedsmoking sites, if that option was chosen.

    Either outright banning of tobacco use in public places or its restriction todesignated areas is happening all over the world. Our research shows that, in theUnited States and its territories, out of 32 localities researched, ten of them do

    not have bans on smoking outdoors. Locations without outdoor smokingrestrictions for their beaches include, Hilton Head, SC., Myrtle Beach, SC., VeroBeach, FL., Virginia Beach, VA., Atlantic City, NJ., and Sea Isle City, NJ. Severallocalities are considering such legislation, as we are. Nevertheless, in OceanCity, to retain our family-oriented environment, the committee believes it wouldserve the town by enforcing restrictions. Signage would suggest our regulationsand allow for self-compliance. The reduction of litter is also a goal the Townwants to achieve through smoking regulations.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    30/50

    2

    The Mayor and City Council decided at their meeting on April 29thto proceed withorganizing data and comments about smoking restrictions to prepare for aprogram aimed at the options to either ban or restrict smoking on the beach,boardwalk, and at bus stops, including an ordinance, before September, 2014.

    Once approved, the agreed upon regulations would take effect on May 1, 2015.

    Public Outreach

    A message about our proposed smoking regulations was placed on the townswebsite and public access channel from late June through July 20th, asking forthe opinions of the public. Over a period of 5 weeks, there were 37 commentsreceived. Of those, 30 people were supportive of some kind of restrictions onsmoking. The other seven people were against any controls over smoking inpublic.

    The Hotel-Motel-Restaurant Association also took its own survey among its ownmembers during the Spring season. Their results showed about 60% ofrespondents favored regulating smoking.

    The OCDC Boardwalk Committee discussed smoking regulations at its meetingon August 6, 2014 and voted to ban smoking on the beach and Boardwalk.Health issues and littering were main reasons for the vote to entirely bansmoking.

    The town could create public campaigns about the dangers of smoking andstopping the littering using our website, our television channel, and our new FM

    radio station. We could include funding from the town for awareness literatureand public service announcements.

    During the summer seasons, beginning in 2015, smoking guidelines shall beshown on every street sign, specially-designed boardwalk sign, and lifeguardstands. Outreach may also include using the Springfest, Sunfest, and Winterfestas events to promote the program. Special messages can be placed on ourwebsite and public access channel. Local newspapers can run ads similar to theWalk Smart campaign with emphasis on

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    31/50

    3

    The Boardwalk

    Option One - Regulate

    If we want to allow smokers to remain on the Boardwalk but still help non-smokers avoid second-hand smoke, restricting smoking to specific designatedareas on the Boardwalk would be the action to take. After careful review anddiscussion, approximately 21 locations on the Boardwalk were identified thatcould serve as designated areas for smokers. We could agree on more or lessbut considering the experiences from Public Works staff, we believe this numberof sites would serve our purpose. Receptacles planned for the boardwalk wouldbe positioned mostly along the eastern side of the boardwalk, south of 7thStreet,to place some distance between smokers and the businesses. There is aconcrete section adjacent to the boardwalk where receptacles could be effective.

    North of 7

    th

    Street, receptacles could be placed at the streets end, on theboardwalk, adjacent to existing wood fencing which protects against peoplefalling off the boardwalk. It is not necessary to have designated smoking sites onevery street or near benches where visitors rest.

    We would purchase about 21 plastic 4-gallon ash receptacles for Boardwalk useat about $44 each or $924. We might want to purchase a few extra receptaclesto replace damaged or lost ones. In that case, 30 receptacles would cost about$1,320. There would be about 35 signs which are 12 by 18 inches in size,posted along the boardwalk to inform patrons to not litter by using the cansprovided. The cost of 35 metal signs would be about $1,575 or $45 each. Arough estimate for boardwalk materials is $2,895.

    Enforcement of the restrictions would be through the Ocean City PoliceDepartment. Initial contact would involve reminding the smoker that there aredesignated sites they should move to. Following that reminder, verbal and writtenwarnings would precede citations in an amount ranging from $25.00 to $1,000 ina worst case scenario of non-compliance or worse. It is not anticipated thatcitations would be necessary as compliance has been voluntary and seems to beacceptable among most smokers.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    32/50

    4

    Option Two Prohib it Smoking Entirely

    The town can decide that smoking is enough of a threat to non-smokers that itshould be banned on the boardwalk, entirely. We can remove existingreceptacles and post signage that states smoking is prohibited anywhere on the

    boardwalk with an ordinance. In this case, street signs and lifeguard stand signswould still be altered with new text but indicating this new prohibition. Thegeneral consensus amongst the committee is that banning smoking isburdensome, considering the current list of prohibited activities in place.

    Research did indicate that where bans had been enacted, no real loss of tourismwas seen. Also, the opinion of the OCDCs Boardwalk Committee was that a banon smoking should be enacted on the boardwalk.

    Ocean City Police officers would be enforcing the ban with verbal or writtenreminders/warnings, with citations as a last resort in the amount from $25.00 to

    $1,000.

    Option Three Pass No Regulation

    Decide that regulating smoking is not the way to go and allow smoking tocontinue on the boardwalk. Considering all we know about health problemsrelated to smoking, this should not be considered.

    The Beach

    Option One - Regulate

    The prevailing solution to smoking by the committee was to enact some restrictions tosmoking on the beach to protect non-smokers and to reduce litter from discarded butts.This option allowed for some limited smoking on the beach around receptacles placed ata distance from others using the beach. As has been seen by Public Works crews, theplastic receptacles currently on the beach are being used at acceptable rates. We canreasonably assume that, with more visible and larger receptacles, usage by smokers willremain high and be self-enforced.

    We would provide roughly 156 red 22-gallon metal ash cans at each street intersectingthe beach, near beach entry points on the east side of the dune with the purchase of 14replacement containers for a total of 170 cans. These 170 ash cans cost about $60

    each equaling $10,200 (Estimated price per unit includes the 22 galloncontainer, paint, labels, and freight). The metal receptacle will have a tight lid withholes to allow smokers to drop their tobacco products through it. There shall beno sign indicating a designated smoking area near the receptacle as use hasbeen very good in the past without signs on the beach. Lifeguard stand signswould be altered to explain any new regulations on smoking. Signs at the head ofstreets intersecting the beach and Boardwalk would also have text added toexplain new smoking regulations.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    33/50

    5

    A sticker shall be affixed to each red metal receptacle reading Please SmokeWithin 50 Feet of Cigarette Receptacle.

    The use of tobacco products on the beach shall be restricted to designatedreceptacle sites found 50 feet east of the dune or boardwalk and 50 feet to eitherside of a beach access point; preferably, at mid block. The cans will not be

    anchored. It is expected that we will find some cans relocated and a few lost dueto tides, storms, theft, or vandalism.

    Ocean City Police officers would be enforcing the restrictions with verbal orreminders/written warnings, with citations as a last resort in the amount from$25.00 to $1,000 only in a worse case scenario.

    Additional Consideration

    It has been noted by Public Works staff that during the month of June, highschool seniors are in town. Historically, this group of young adults has been

    responsible for the destruction of receptacles on the beach. With the addition ofthese bright red cans, it is expected that there will be some loss of cans tovandalism during June. Whether or not to remove some of the new receptaclesduring June should be considered. Such attractive targets as the red cans areexpected to be found in the waters off the beach during June.

    One can every street on the beach

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    34/50

    6

    Option Two Ban Smoking Entirely

    There would be no allowable smoking anywhere on the beach. Enforcementwould be able to target smokers and remind them of the ban.

    Ocean City Police officers would be enforcing the ban with verbal or writtenreminders/warnings, with citations as a last resort in the amount from $25.00 to$1,000.

    Existing street signs and lifeguard stands would be amended with text explainingthe ban. Beach Patrol personnel would not be part of enforcement.

    Option Three Pass No Ban on Beach Smoking

    Considering the feedback we have received as explained in the Public Outreachsection on page 2, families with children, those with respiratory illnesses, and

    business owners, for the most part, are in favor of banning smoking for its healthconsequences and contribution to littering. Allowing smoking to continue on thebeach would be irresponsible on our part as hosts to those who desire cleanbeaches and clean air to breathe.

    Enforcement

    Any and all enforcement as to a restricted smoking law or a ban on smokingwould be accomplished by the Ocean City Police Department. In no way shallour Beach Patrol staff be involved in enforcement. They may participate in life-saving activities as they are trained in such skills. As stated earlier, anyone using

    electronic smoking devices shall not be required to abide by any ordinancepassed to regulate the use of tobacco products.

    Financing

    Given these preliminary totals, we can expect the Town would require a fundinglevel in the $17,000 - $20,000 range to implement the initiative.

    Grants to assist with the implementation and promotion of Ocean Citys smoke-free initiatives continue to be sought. Organizations such as the MarylandDepartment of Health & Mental Hygiene, Worcester County Health Department,

    American Lung Association, Surf Riders Association, and the CommunityFoundation of the Eastern Shore have been identified as possible fundingsources. Once the Councils policy direction has been established, the programscope determined, and a project budget developed, grant applications can befiled.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    35/50

    7

    Bus Stops

    Whether or not to enforce any restrictions on smoking at any of the towns bus

    stops was originally discussed by some on the City Council. The topic wasdiscussed by the Smoking Committee with data being shared by the policerepresentative. It was decided that placing restrictions or limitations on smokingat bus stops with accurate enforcement would be too difficult without interferingwith normal use of the waiting area. A bus stop designated by a sign on a pole isbasically an undefined area, making enforcement nearly unfair. A bus stop with acovered shelter has a more defined area. Users could be informed via sign toonly smoke outside the shelter. The committee believes bus stops should nothave any smoking regulations for these reasons. The larger transit stations couldbe designated for smokers with areas outlined and signage to indicate theintention. Should it be decided to include any bus stops under any smoking

    restrictions, enforcement would again be by the Ocean City Police Department,at their discretion as staff become available.

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    36/50

    First

    Reading

    Second Reading

    ORDINANCE 2 0 1 11

    AN

    ORDINANCE

    TO

    AMEND

    CHAPTER

    30,

    ENTITLED ENVIRONMENT,

    OF THE CODE

    OF

    THE TOWN

    OF OCEANCITYMARYLAND

    NOW,

    THEREFORE,

    BE

    IT

    ENACTED

    AND

    ORDAINED

    BY THE MAYOR

    AN

    CITY COUNCIL

    OF

    OCEAN CITY THAT CHAPTER 30,ENTITLED ENVIRONMENT,O

    THE

    CODE OF

    THE TOWN

    OF

    OCEAN CITY,

    MARYLAND BE AND THE

    SAME

    HEREBY

    AMENDED BY ADDING ARTICLEVIII AS FOLLOWS:

    ARTICLEVIII.ENVIRONMENTAL

    TOBACCO

    SMOKE

    Sec.

    30 -601.Definitions.

    Environmental tobacco smoke means

    th e

    c om p lex m i xtu re fo rm ed fro

    escaping smoke of a burning tobacco

    product

    or smoke exhaled by th e smoker .

    Smoking m eans th e

    burning

    of a lighted cigarette, cigar,pipe,or any oth

    matter or substance

    that contains tobacco.

    Sec.

    30 -

    602.Legislative

    Intent.

    I t is th e intent

    of

    th e Mayor

    and

    Ci ty Council of Ocean Ci ty to pro tec t th e

    pub

    and its employees

    from involuntary

    exposure

    to

    environmental tobacco smoke

    in

    certain a r e

    open to th e public.

    Sec.30 -

    603.Violations.

    Smok ing

    is unlawful in th e

    following

    public

    parks:

    LA W O F F I CE S

    AYRES, J EN K I N S ,

    G ORDY &

    ALMAND PA

    SUITE

    200

    6200 C O A ST A L H I GH W A Y

    O C E A N

    CITY, MD 21842

    a cean Bowl Skate

    Park

    b

    cean Ci ty Tennis

    Center

    at 61 treet &

    Coas ta l Highway

    c laygrounds

    at

    Bayside Park (aka Downtown Recreation Comple

    d

    laygrounds at Robin Park

    e

    laygrounds at

    Little

    Salisbury

    Park

    flaygrounds at

    Northside

    Park

    g

    laygrounds at Gorman

    Park

    h

    laygrounds

    at

    N o rth S urf Park

    y

    Sec.30 -604.Penalties.

    Anyperson

    who vio lates Sec.30 -603 hereof shall be subject

    to

    ejection from t

    public

    park

    and be subject

    to a

    m unicipal infraction of up

    to 500.00

    hich

    can be

    issued by

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    37/50

    employee

    of th e

    Department

    of

    Recreation and

    Parks

    in

    addition to th os e

    enforcers

    listed

    in

    Section 1 8

    of

    this Code.

    I N T R O D U C E D at a meeting

    of

    th e Ci ty Counci l

    of

    Ocean City,Maryland held

    on

    March

    7

    2011.

    as

    m

    110

    ADOPTED

    AND

    P A S S E D by th e

    required

    vote of th e

    elected

    membersh ip of

    th e Cit

    Council

    and

    approved by

    th e

    Mayor at

    its

    meetindon March 21,

    2011.

    ATTEST:

    KATHLEENA.P.MATHIAS,Clerk

    CHARD

    W.

    MEEH

    N

    Mayor

    Approved

    as

    to Form:

    L

    C

    J

    E S

    S.

    HALL

    President

    j

    GUY

    A Y R E S

    III, i t y

    Soicto

    X

    V

    Lt6YD

    M X AT I N ,

    S e c r e t a r y

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    38/50

    ORDINANCE # __ DRAFT BAN on SMOKING)

    AN ORDINANCE TO AMEND CHAPTER 30, ARTICLE VIII,

    ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THE TOWN OFOCEAN CITY, MARYLAND

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

    CITY COUNCIL OF OCEAN CITY THAT CHAPTER 30, ARTICLE VIII,

    ENTITLED ENVIRONEMNTAL TOBACCO SMOKE, OF THE CODE OF THETOWN OF OCEAN CITY BE AND THE SAME IS HEREBY AMENDED TO

    PROHIBIT OUTDOOR SMOKING ON THE BEACH AND BOARDWALK

    WHEREAS,The Mayor and City Council of the Town of Ocean City havedeemed it desirable for established public health and sanitation reasons to ban smoking onthe beach and the boardwalk; and

    WHEREAS, there has recently been considerable public interest inbanningsmokingto other public areas of the town; and

    WHEREAS, The Mayor and City Council find it in the public interest to includeadditional public areas where smoking should bebanned.

    NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of theTown of Ocean City, Maryland, in session met, in the manner following to wit:

    Section 30-601 Definitions 1) add the definition for a beachas found in Chapter 30

    Environment, Subdivision II, Beach District Regulations, Dune means any naturallyoccurring or manmade accumulations of sand in ridges or mounds landward of the beach;and 2) add Boardwalk means the manmade wooden structure west of and bordering thebeach where people walk, bike, run, and drive north and south from South 2ndStreet to 27thStreet. The Boardwalk does not include the concrete protrusions east of the boardwalkfound from Wicomico Street to 4thStreet. ; (3) add beach which is beach (erosioncontrol district) or the area of land bordered on the north by the boundary line betweenMaryland and Delaware, bordered on the east by the Atlantic Ocean, bordered on the southby the Ocean City inlet, and bordered on the west by the State-Ocean City building limitline, (COMAR 08.09.02.01); (4) add beach erosion control district which is the areaof land bordered on the north by the boundary line between Maryland and Delaware,

    bordered on the east by the Atlantic Ocean, bordered on the south by the Ocean City inlet,and bordered on the west by the State-Ocean City building limit line (COMAR); (5) addOcean City Building Limit Line (COMAR 08.09.02.02) as defined in this section of theCode of Maryland

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    39/50

    Section 30-603-Violations, the list of affected areas under thebanned smoking areasinplace: Add: (i) The Beach and (j) The Boardwalk from Ordinance 2011-7, 03/21/2011.

    Section 30-603-Violations, the list of affected areas under the smoking banin place: Add:(i) The Beach and (j) The Boardwalk from Ordinance 2011-7, 03/21/2011.

    Section 30-604 Penalties: add that citations can be issued to violators of the smokingbanat the discretion of the enforcement officer following a verbal or written warning forthe violator to cease the use of tobacco products; unless, said tobacco user is within amarked designated smoking area.

    The Mayor and City Council encourage voluntary use of the receptacles provided in thesedesignated smoking areas to minimize the need for enforcement.

    The smoking banin outdoor public areas will not include electronic smoking devices asthey do not create litter or smoke.

    The sites on the beach where the town designates as smoking areas will have clearly-marked cigarette/cigar butt receptacles that are red cans located about 50 feet from the baseof the eastern side of the dune and about 50 feet from the beach entranceway from thedune. The ban shall encompass all/part of the beach/except for designated smoking areasnear the dunes.The ban shall encompass all of the wooden portion of the boardwalk in itsentirety. Lifeguard chair signs and street signs will indicate there are designatedreceptacles and reference the ordinance that bans smoking outside these areas.

    The sites on the boardwalk that the town designates as smoking areas will have clearlymarked cigarette/cigar butt receptacles. Signs positioned along the boardwalk will requestsmokers use the receptacles at the designated locations. Otherwise, all other areas are part

    of the smoking ban. Enforcement of this ordinance shall come fromthe Ocean City PoliceDepartment. Citations may be issued to violators of the smoking banat the discretion ofthe enforcement officer on scene. Citation amounts shall be from $25.00 to $1,000.

    NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor and CityCouncil of the Town of Ocean City, Maryland, in session met, as follows:

    __________________________________ ______________________________

    KELLY ALLMOND, City Clerk RICHARD W. MEEHAN, Mayor

    Approved as to form: ______________________________

    _________________________________ LLOYD MARTIN, President

    GUY R. AYRES, III, City Solicitor ______________________________

    MARY KNIGHT, Secretary

    Leave

    th

    partinif

    designat

    sitesare

    used

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    40/50

    PAGE LEFT INTENTIONALLY BLANK

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    41/50

    ORDINANCE # __ draft LIMITEDregulations)

    AN ORDINANCE TO AMEND CHAPTER 30, ARTICLE VIII,

    ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THE TOWN OFOCEAN CITY, MARYLAND

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

    CITY COUNCIL OF OCEAN CITY THAT CHAPTER 30, ARTICLE VIII,

    ENTITLED ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THETOWN OF OCEAN CITY BE AND THE SAME IS HEREBY AMENDED TO

    REGULATE OUTDOOR SMOKING IN PUBLIC PLACES

    WHEREAS,The Mayor and City Council of the Town of Ocean City havedeemed it desirable for established public health and sanitation reasons to regulatesmoking on the beach and the boardwalk; and

    WHEREAS, there recently has been considerable public interest in extending theregulation of smoking to other public areas of the town; and

    WHEREAS, The Mayor and City Council find it in the public interest to includeadditional public areas where smoking should be regulated. As referenced in Ordinance2011-7 which states, It is the intent of the Mayor and City Council to protect the publicand its employees from voluntary exposure to environmental tobacco smoke (thecomplex mixture froma burning tobacco product) in certain areas open to the public.

    NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the

    Town of Ocean City, Maryland, in session met, in the manner following to wit:

    Section 30-601 Definitions 1) add the definition for a Dune as found in Chapter 30 Environment, Article II, Beach District Regulations, Dune means any naturallyoccurring or manmade accumulations of sand in ridges or mounds landward of the beach;and 2) add the term Boardwalk which means the manmade wooden structure west ofand bordering the beach where people walk, bike, run, and drive north and south fromSouth 2

    ndStreet to 27

    thStreet. The Boardwalk does not include the concrete protrusions

    east of the boardwalk found from Wicomico Street to 4thStreet; (3) add beach whichis beach (erosion control district) or the area of land bordered on the north by theboundary line between Maryland and Delaware, bordered on the east by the Atlantic

    Ocean, bordered on the south by the Ocean City inlet, and bordered on the west by theState-Ocean City building limit line, (COMAR 08.09.02.01); (4) add beach erosioncontrol district which is the area of land bordered on the north by the boundary linebetween Maryland and Delaware, bordered on the east by the Atlantic Ocean, borderedon the south by the Ocean City inlet, and bordered on the west by the State-Ocean Citybuilding limit line (COMAR); (5) add Ocean City Building Limit Line (COMAR08.09.02.02) as defined in this section of the Code of Maryland

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    42/50

    Section 30-603-Violations, the list of affected areas under the regulated smoking areas inplace: Add: (i) The Beach and (j) The Boardwalk from Ordinance 2011-7,03/21/2011.

    Section 30-604 Penalties: add that citations can be issued to violators of the smokingregulations on either the beach or the boardwalk at the discretion of the enforcementofficer following a verbal or written warning for the violator to cease the use of tobaccoproducts; unless, said tobacco user is within a marked designated smoking area. Citationamounts shall be from $25.00 to $1,000.

    The Mayor and City Council encourage voluntary use of the receptacles provided in thesedesignated smoking areas to minimize the need for enforcement.

    The smoking regulations in outdoor public areas will not include electronic smoking

    devices as they do not create litter or smoke.

    The sites on the beach where the town designates as smoking areas will have clearly-marked cigarette/cigar butt receptacles that are red cans located about 50 feet from thebase of the eastern side of the dune and about 50 feet from the beach entranceway fromthe dune. Lifeguard chair signs and street signs will indicate there are designatedreceptacles.

    The sites on the boardwalk that the town designates as smoking areas will have clearlymarked cigarette/cigar butt receptacles. Signs positioned along the boardwalk will requestsmokers use the receptacles at the designated locations. Enforcement of this ordinance

    shall come under the Ocean City Police Department.

    NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor and CityCouncil of the Town of Ocean City, Maryland, in session met, as follows:

    __________________________________ ______________________________

    KELLY ALLMOND, City Clerk RICHARD W. MEEHAN, Mayor

    Approved as to form: ______________________________

    _________________________________ LLOYD MARTIN, President

    GUY R. AYRES, III, City Solicitor ______________________________

    MARY KNIGHT, Secretary

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    43/50

    I

    P

    Board

    of

    Directors

    August 18

    2014

    Robert Givarz

    President

    To

    th e

    ayor

    and

    City Counci l :

    Igor Conev

    T he O ce an City

    Development

    Corporation

    and

    its oardwalk

    Committee

    w

    ice-President

    offer

    our recommendat ion

    to th e Mayor and City Council

    in

    their

    effo

    Reid

    Tingle

    introduce

    smoking

    restrictions

    on

    the

    Beach and

    Boardwalk

    for

    nextseason

    Secretary

    support

    a

    ban on smoking fo r these two important a r e a s of Ocean

    City.

    Wayne Hartman

    Treasurer

    Smoking areas can be provided a t th e street ends on adjacent side streets t

    Todd

    Ferrante

    Boardwalk

    but

    shoudnot

    be

    located

    on

    ether the

    Boardwalk

    or

    beach.

    Ciga

    Past-

    President

    receptacles need

    to b e provided

    at

    these

    s id e s tre et

    areas, west of

    th e

    Board

    and

    sgnage

    to

    expan

    the

    policy.

    Due to their proximity and connec tion to

    Charles Barrett

    other,

    the Boardwalk and beach should be treated the

    s a m e

    way.

    Bryon

    Davis

    B e ach go ers d o

    not want

    to expose t hemse lves

    or their children

    to th e effec

    C. Te

    xou

    t

    secondhand smoke

    on

    the

    beach or

    boardwalk.

    Our main goal is to

    offer

    a

    g

    clean

    beach and

    atmosphere

    for

    our residents visitors and employees.

    Jesse C.

    Houston

    Patricia

    llczuk-

    Lavanceau

    The

    OCDC and

    its Boardwalk Committee d iscussed

    other

    alternatives but

    beli

    b an on

    smoking is th e

    best way

    to

    go

    fo r Ocean City Boardwalk

    and beach.

    Ja y

    c.

    r

    en

    much

    needed

    response

    for

    our

    resdens

    empoyees and

    vstors.

    Other n

    John C.

    Lewis

    beach

    communities,

    such a s Fenwick Island, Bethany Beach, and Rehobo th B

    have

    instituted smoking

    b a n s on their b e a c h e s and we

    believe

    Ocean City

    shou

    Geoffrey

    Robbins

    likewise.

    Rehoboth

    Beach

    and

    Bethany Beach have banned smoking alon

    Bill

    Sieg

    boardwalks too.

    Chris Trimper

    The OCDC and its Boardwalk

    Committee

    offers our support in future discus

    on this issue.

    Executive Director

    Glenn Irwin

    Thank

    you for your

    consideration

    ofthis

    recommendation.

    Fx-

    O cio Members:

    Sincerely,

    Economic Development Committee

    Ocean

    City Chamber of Commerce

    Ocean City Downtown Association

    Robert Giv

    President

    Vicki

    Barrett

    arperson

    Ocean City

    Hotel Mote l Restaurant

    Association t.

    Ocean

    Ci

    eveopment

    Corporation

    OCDC Boardwalk Committee

    Town

    of

    Ocean City

    Worcester

    County

    cc: David Recor,

    City

    Manager

    OCEAN CITY DEVELOPMENT COPORATION

    10 8

    Dorchester

    Street

    Ocean

    City

    Maryland

    ]

    8 42

    Telephone:

    410-

    289- 7739 Faa:

    410- 289-

    7742

    Website: ww

    ocdc

    org

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    44/50

    Pier to Talbot Street Sample P

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    45/50

    Location

    of

    receptacles

    end

    of

    boardwalk

    start

    of

    d

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    46/50

    Inlet to Pier Placement of Receptacles

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    47/50

    Existing street signs will be amended

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    48/50

    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, AUGUST 26, 2014

    5. NEW BUSINESS

    D.

    Request for Approval to Transfer Storm Water and Critical

    Area Mitigation Funds for Storm Water, Habitat and

    Pervious Pavement Projects presented by Environmental

    Engineer

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    49/50

    TOWN OF

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

    TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Gail Blazer, Environmental EngineerRE: Critical area mitigation money for stormwater and habitat projectsDATE: August 15, 2014

    ISSUE(S): Request to transfer money from the storm water and critical areadeferred revenue account to pay for environmental projects andprograms. This includes $50,000 for the pervious pavement on 3rdstreet project and $20,000 for other projects

    SUMMARY: The Town of Ocean City collects fee in lieu money for projects thatdon't meet certain performance standards. These funds must beput in a deferred revenue account and be used only for stormwater,environmental or habitat projects. We have a balance of $238,342in the Stormwater, Afforestation and Critical Area accounts.

    Stormwater and habitat projects include the Rain Barrel Program,Rain garden program, Stormwater retrofit cost Share, BeachDistrict Planting Program, BayScape planting program, Treerebates, summer interns who work on Environmental/Habitatprojects, Dune Patrol and cleanup supplies and Environmentalelements for municipal projects such as the pervious pavers at the

    3rd street bayside park project

    More Livable Community for Residents

    FISCAL IMPACT: The money in these accounts must be used for environmentalprojects and thus the request meets these criteria. No general fundmoney is involved in this budget amendment.

    RECOMMENDATION: Staff recommends transferring $35,000 from the Critical Areaaccount and $35,000 from the stormwater account to be used forthe recommended projects.

    ALTERNATIVES: Not approving the transfer the funds for these projects

    RESPONSIBLE STAFF: Gail Blazer, Environmental Engineer

    COORDINATED WITH: Terry McGean, City EngineerHal Adkins, Director Public Works

    ATTACHMENT(S): Account balance summary

    Agenda Item # 5D

    Council Meeting August 26, 2014

  • 5/21/2018 Complete Agenda - Aug 26 Work Session

    50/50

    GM200I02 TOWN OF OCEAN CITY MD 8/15/14

    Fiscal year 2015 Account Balance Inquiry 14:27:20

    Element . . . . . : 30 CRITICAL AREAS MITIGATIONAccount number . . : 1-0000-221.30-00 Db/Cr . : C

    Total . . . . . . : $116,277

    (This amount doesn't include what is held in escrow in this account)

    Element . . . . . : 40 STORMWATER MITIGATION

    Account number . . : 1-0000-221.40-00 Db/Cr . : C

    Total . . . . . . : $114,329.09

    Object . . . . . . : 10 AFFORESTATION MITIGATION

    Account number . . : 1-0000-221.30-10 Db/Cr . : C

    Total . . . . . . : $ 7,735.93