january 20 2015 complete agenda2

8/10/2019 January 20 2015 Complete Agenda2

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MAYORANDCITYCOUNCIL

REGULARSESSION

Tuesday,January20,20156:00P.M.

AGENDA

1.

CALL

TO

ORDER

2. PRAYERANDPLEDGE

3. APPROVALOFMINUTES

A. OrganizationalMeetingofNovember6,2014

B. RegularSession#1datedJanuary5,2015

C. WorkSessiondatedJanuary13,2015

4. ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL

A. PresentationofOceanCityUniversityDiplomas

B. StandingCommitteeReports

5. CONSENTAGENDA

A. PrivateEventApprovalRequestforWalkMSApril11,2015

B. PrivateEventApprovalRequestforWalk/RunforRecovery September 12,2015

6. MISCELLANEOUSREPORTSANDPRESENTATIONS

A. AtlanticGeneralHospitalAnnualReportpresentedbyMichaelFranklin,President/CEO

7. PUBLICHEARINGS

8. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF

A.Request

for

Permission

to

Solicit

Bids

for

Vehicle

Vending

Franchise

presented

by

City

Clerk

B. SmokingontheBeachandBoardwalkContinuedPolicyDiscussionpresentedbyCityManager

9.

ITEMS

REFERRED

TO

AND

PRESENTATIONS

FROM

THE

CITY

SOLICITOR

A. SecondReadingOrdinance20151toAmendSection58,EntitledOffensesandMiscellaneous

Provisions(TrespassEnforcementAuthorizationProgramsignspurchasedbytheparticipant

willbeplacedbytheparticipantnotthecity)

B. FirstReadingOrdinancetoAdoptFY15BudgetAmendment#1

C. ResolutionEstablishingaTaskForcetoStudyIssuesRegardingBoardwalkRegulation

10. COMMENTSFROMTHEPUBLIC

Anypersonwhomaywish to speak on anymatter at the Regular Sessionmay be heard during

Comments

from

the

Public

for

a

period

of

five

(5)

minutes

or

such

time

as

may

be

deemed

appropriate

bytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandthesubject

onwhichheorshewishestospeak.

11. COMMENTSFROMTHECITYMANAGER

A. ReviewoftentativeworksessionagendaforFebruary10,2015

B. DepartmentActivityReport

12. COMMENTSFROMTHEMAYORANDCITYCOUNCIL

13. ADJOURN


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REGULAR SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JANUARY 20, 2015

3 APPROVAL OF MINUTES

A.

Organizational Meeting of November 6, 2014

B.

Regular Session #1 dated January 5, 2015

C.

Work Session dated January 13, 2015


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4 ITEMS PRESENTED BY THE MAYOR AND CITY

COUNCIL

A. Presentation of Ocean City University Diplomas


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MEMORANDUM

TO: Mayor and City Council

FROM: Diana Chavis, Executive Office Associate

Jessica Waters, Communications Manager

DATE: January 14, 2015

RE: Ocean City University Graduates

Join us in congratulating the 2015 graduating class of Ocean City University. Twelve

students meet requirements to receive a bachelors degree in Municipal Citizenship. Fiveothers are receiving a masters degree for completing Ocean City University and the

Citizens Police Academy. Six are receiving a doctorate degree for completing Ocean City

University, the Citizens Police Academy and the Community Emergency Response Teamprogram.

Ocean City University began in September 2004 with a graduating class of 17. Includingthis evenings students, a total of 259 degrees have been awarded through this brilliant

public education program developed by Kathy Mathias. Her love of education anddedication to public service continues to enrich individual and community life.


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2015

Graduates

BachelorsDegreeOceanCityUniversity

JohnBerninger

DebraHeft

DebraL.Howe

JoeLieb

JoeMoran

MichaelJ.Sevier

LouisaSpock

StephenSpock

Shirley

Stetser

RonaldStetser

BarbaraA.Wachter

DonaldK.Wand

MasterDegreeOceanCityUniversityandCitizensPoliceAcademy

StephanieGamm

DebraL.Howe

Michael

J.

Sevier

LouisaSpock

StephenSpock

DoctorateDegreeOcean

City

University,

Citizens

Police

Academy

and

CERT

StephanieGamm

DebraL.Howe

PhilipReid

Michael

J.

Sevier

LouisaSpock

StephenSpock


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4 ITEMS PRESENTED BY THE MAYOR AND CITY

COUNCIL

B. Standing Committee Reports


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TRANSPORTATIONCOMMITTEE

MEETINGMINUTES

JANUARY6,2015

1.

Call

to

Order:

The

meeting

was

called

to

order

at

9:00

am

in

the

Public

Works

Administration

ConferenceRoom. PresentwereCouncilmemberMaryKnight,CouncilmemberTonyDeLuca,City

ManagerDavidRecor,CouncilmemberDennisDare,MayorRickMeehan,GeorgeThornes,JimParsons,

Hal

Adkins,

Terry

McGean,

Jennie

Knapp,

Zack

Hoopes

and

Joanne

Shriner

2.

NextBus

Presentation:

Tom

Noyes

from

NextBus

did

a

presentation

on

the

NextBus

system

and

a

demonstration

of

the

information

that

the

bus

rider

would

have

access

to

with

the

use

of

this

system.

He

also

demonstrated

the

backend

reporting

in

the

system

for

managements

use;

and

an

overview

of

other

transit

agencies

that

utilize

the

NextBus

software.

3. FacilityRehabilitation: Thereareapproximately$90,000worthoffacilitymaintenancerepairsthat

needtobedonefortheParkandRideandNorthEndTransitCenter. TheTownhasrequestedfunds

fromMTAfortwoyearsinarowtoperformthesenecessarymaintenanceitemsandbeendeniedby

MTA. PerJenniethereisfundingthroughfundbalancetocovertheseexpenses.

CouncilmemberTonyDeLucaaskedwhyfacilitymaintenancehadnotbeenbudgetedinprioryearsto

cover

these

expenses.

There

have

been

minimal

funds

budgeted

in

the

Town

of

Ocean

City

budget

in

prior

years

to

cover

facility

maintenance

expenses

due

to

the

fact

that

we

had

requested

funding

from

MTA

and

assumed

it

would

be

funded

but

it

was

not.

4.

Greyhound:

Hal

Adkins

made

all

committee

members

aware

that

Greyhound

was

not

going

to

renew

theircontractattheParkNRide;reallyhasnoeffectonthecityortheParkNRidefacilities.

5. OverviewofmeetingwithUnitedWorkandTravel: RecruitingbusdriversthroughH2Bprogram

wouldbeEnglishspeakingEuropeandrivers. GuyAyreshadnoobjectionstoprogramafterthe

meeting

nor

did

Wayne

Evans

or

Eric

Lagstrom.

With

this

program,

employees

are

required

to

work

aminimumof32hoursaweek. Theannualcostoftheprogramis$10,000plus$200to$300perdriver.

Onceadrivercommitstothisprogramhecannotleavetheprogram. Inordertoparticipateinthis

programyoufirstmustobtaintherateofpayforthispositionwhichissetbyUSDepartmentofLabor;

WayneEvansandGeorgeThorneshavealreadyinitiatedthepaperworktoobtainthelaborrate. Itis

alsorequiredthatyouestablishaneedwiththeUSDepartmentofLabor;thisprocesshasbeenstarted

aswellbyWayneEvansandGeorgeThornes.

MayorMeehanrecommendedthatwecontinuetopursuethisoptionfordriverrecruitment.

Councilmember

Mary

Knight

motioned

to

continue

forward

with

this

process;

motion

seconded

by

Tony

DeLuca;

vote

was

unanimous.

Committee

requested

a

report

back

from

George

Thornes

and

Wayne

Evans

as

to

where

we

stand

with

this

process.

6.

Adjournment:

Motion

to

adjourn

to

Closed

Session

at

10:45


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Tourism Commission Meeting MinutesJanuary 12, 2015

The following individuals were in attendance:

Commission Members Tourism Commission Chair and Council Secretary MaryKnight; Mayor Rick Meehan; Councilman Dennis Dare; Councilman Matt James;Michael James, EDC; Brett Wolf, Chamber of Commerce; Todd Ferrante, OCDC; andGreg Shockley, Maryland State Tourism Development Board. Staff members presentwere David Recor, City Manager; Donna Abbott, Tourism Director; Larry Noccolino,Convention Center Director; Frank Miller, Special Events Director; and Lisa Osman,Tourism Department. Also present were Melanie Pursel, Chamber of Commerce andSusan Jones, HMRA. Media representatives present were Zach Hoopes, Ocean CityToday; and Joanne Shriner, Maryland Coast Dispatch.

Mary Knight called the meeting to order at 3 p.m.

Mary welcomed new Tourism Commission Member, Councilman Matt James.

Approval of Minutes

The vote was unanimous to approve the minutes from the November 10, 2014 meeting.

Booking accommodations direct on ococeanDonna Abbott reviewed a design element that was added to the website to encouragevisitors to book directly with the hotels in Ocean City. There is a notice to book directlywith hotels on the home page and large Book It buttons in the listings on theaccommodations page and on the mobile site to help guide visitors directly to the hotelsthat accept online reservations. This was done two years ago to address concerns fromhotels that had rooms reserved through third party companies and had to paycommissions. Mary Knight said another hotelier recently asked about this. The TourismCommission agreed hoteliers needed to educate their guests on the bookings process.Donna will look into the possibility of adding a search by date mechanism for thewebsite to further assist visitors with booking their rooms directly with hotels.

Proposal to expand charter bus permits from seasonal to year-roundDonna presented the Tourism Commission with information about the charter bus permitprocess. Currently, any charter bus entering Ocean City between May 15 and September10 must have a permit. The Tourism Department proposes the ordinance be changed toallow the department to permit throughout the year. This would enable us to assist withguiding the parking of the buses during special events that occur outside of the May 15-September 10 timeframe, i.e. Sunfest, Springfest and Winterfest. It would also allow us totrack the number of visiting buses to these events. We can better determine whatmarketing to the group tour industry is most effective and measure how many attendeesto the festivals actually arrive in motorcoach groups as we strive to be more data drivenin all of our marketing. This is not intended as a revenue building mechanism as we donot charge for permits to groups doing business in Ocean City with overnight stays and


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meals. Motorcoach companies have indicated they would not be opposed to this as longas they would not incur any additional fees. Both the HMRA and CVB members haveindicated support. Todd Ferrante made a motion, seconded by Brett Wolf, to recommendthe Mayor and Council review and consider extending the permit process year-round.The vote was unanimous.

Updates from other Departments & Organizations

Convention CenterLarry Noccolino reported that he is continuing to speak with promoters to book concertsin the Performing Arts Center. Everyone is looking forward to Saturday night for theGrand Opening of the Performing Arts Center and he urged everyone to spread the wordabout the event.

Chamber of CommerceMelanie announced that the 2015 vacation guides have arrived. The chamber will

distribute guides at a show in Harrisburg in February, and Scott Lenox has already startedto distribute them at the trade shows he attends as part of his Fish in O.C. partnershipwith the Town. She also gave out chamber event cards. Melanie announced that theHospitality Training Program has been developed in coordination with Wor-WicCommunity College, the chamber, and the HMRA through EARN Maryland. This is afour-day training program scheduled for January 27-28 and February 2-3, and is designedto empower supervisors. The course will instruct participants on how to mastermanaging a staff, create a positive work culture and more. Sessions will take place at theDunes Manor Hotel. Melanie also announced The Taste of the Eastern Shore legislativereception will be held on February 19. February 13 is Tourism Day in Annapolis. OnFebruary 11, the chamber will be meeting with local legislators in Annapolis to talk aboutpriorities.

HMRASusan reported that the HMRAs dinner meeting will be held next Thursday at the DunesManor and Donna Abbott will be the speaker. HMRA is currently redesigning theirwebsite. Their next Beer Talk and Tasting will be held on January 26. HMRA haspartnered with shorecraftbeer.com, invited all the breweries, and the public, to provideand educate on craft beer. Susan also distributed trade show registration cards. Mr.Hotel Impossible, Anthony Melchiorri, will be the keynote speaker at the trade show.

EDCMichael James reported that the next EDC meeting will be held at the Princess Royale onFebruary 4. He said the December EDC event at the Performing Arts Center went verywell.

OCDCTodd Ferrante reported OCDC has been awarded three state grants to continue theirfaade program and for decorative lighting on St. Louis Avenue. They have 170 faadeprojects underway. The concrete base has been poured on 62

ndStreet for the dolphin


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sculpture. They will announce an installation date in the future. They will be starting theirseasonal housing process at the end of January. In February, the OCDC will becelebrating its 15thAnniversary.

Maryland Tourism Development Board

Greg Shockley reported that the Maryland state budget was cut by $400 million, whichresulted in the state tourism budget being cut by $1 million. This will impact the totalamount of grants local jurisdictions receive.

Tourism DepartmentDonna Abbott reported that the Tourism Strategic Plan is moving along. Lyle Sumek iscurrently working on updates to the draft that he had presented in November to theTourism Commission. Donna expects to receive the updated draft sometime next weekand will bring it before the Tourism Commission in February. Larry and Donna areworking with MGH on a microsite for the Performing Arts Center. We are currentlyworking on an events sheet that we provide every year. Our Sports Marketing

Agreement with Wicomico County is continuing and has been amended to includeWorcester County. It is now in the hands of Worcester for their review. We secured thereturn of USSSA Girls World Softball Series for July. Donna also shared some websitestats for the holidays including that our newly designed holidays landing page had over22,000 page views since October, which was a 62 percent increase compared to 2013.Winterfest and New Years Eve fireworks were the top viewed events on ococean.com.

Special EventsFrank Miller reported that the 22

ndAnnual Winterfest of Lights went extremely well this

year. Attendance was over 111,000 and it brought in $557,000 in revenue. That amountis up $79,000 from 2013. Fireworks at Northside Park have become a very popular partof New Years Eve. Approximately 3,000 people gathered for the fireworks. Frank andhis team would like to slowly transition it into a full New Years Eve celebration withentertainment, etc. Springfest entertainment for Saturday night has been finalized with aPat Benatar performance.

MetricsCouncilman Dare shared his thoughts about the Demoflush formula used to estimatepopulation numbers in Ocean City and how it has been around for 40 years. Since thattime, there have been a number of improvements made in plumbing fixtures as well as inthe wastewater treatment plant itself and that the formula is outdated and inaccurate. Hesuggested the metrics report that Donna Abbott does each month is a great source ofinformation and that Demoflush should no longer be used as a measurement. Todd madea motion to recommend the Mayor and Council consider a more modern formula/method,to replace Demoflush. Michael James seconded motion. The vote was unanimous.

Todd Ferrante made a motion to go into a short closed session. Michael James seconded.

The meeting adjourned at 4 p.m. The next Tourism Commission meeting will be held onFebruary 9 at 3 p.m. in Room 214 at the Convention Center.


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1

Recreation and Parks Committee

Meeting Minutes

January 13, 2015

1. Call to Order: The meeting was called to order at 4:05 p.m. at Northside Park.

Present were Councilman Lloyd Martin, Councilman Dennis Dare, CouncilmanWayne Hartman, Kate Gaddis, Frank Miller, Calvin Ginnavan, Lisa Mitchell andSusan Petito. Guests included Robert Moose Holland, JoAnne Shriner andZack Hoopes. Norma Simmons was also in attendance.

2. Presentation from Robert Holland on OC Beach Baseball: Robert MooseHolland distributed a 2015 Baseball Event Calendar to the committee. Hereported that he plans to start tournaments for the8 12 age group on April 11 and will hold them every weekend when no slowpitch events are planned. Tournament information will be spread by word of

mouth, the USSSA Website and Facebook. Posters will be created and placed topromote the tournaments. The committee thanked Mr. Holland for the update.

3. Update on Beach Play Equipment: Susan reported that she had received a $1,000donation from Shenanigans Irish Pub and a $1,000 donation from the ShorehamHotel to support the purchase of additional beach play equipment. She sharedseveral play options to the Committee with pricing. Councilman Wayne Hartmanrecommended that Department staff set up a meeting with the OCDC, theBoardwalk Development Committee and the Downtown Association to solicitsupport and funding. Susan will look into grant opportunities. After discussion,

Councilman Dennis Dare asked Susan to continue researching structures that arecost-effective and appropriate for use on the beach.

4. Update on NSP SUP Rental Franchise: Councilman Dare asked for an update onhow the SUP Rental Franchise did after the first year of business. Susan reportedit went really well and Best Aquatics was very easy to work with and they plan onimplementing new programs this summer to boost business. Our 2015Spring/Summer Splash will promote them which should help. Susan stated thatthe only issue that arose during the summer was concern from neighbors aboutpatrons infringing on the nearby wetlands. Best Aquatics was very proactive in

educating their customers to address this concern. As not all kayakers andpaddleboarders using the Northside Park launch area are renters, Parks will erect asign at the launch area this season so that other users are also aware that theyshould not enter the wetlands.


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2

5. Private Event Application Review:

3 v 3 Live Ocean City Beach 3 v 3 Soccer: Lisa Mitchell presented a new soccerevent for July 11 & 12, 2015 requested by Raymond Hruz of Intensity Sports.They are requesting this be held North of Dorchester Street to 1

stStreet on the

beach. Committee expressed concerns that these dates are in our high season butafter discussion, event was approved to go to Council.

4 on 4 at the Shore: Lisa Mitchell presented a new lacrosse event for June 6, 2015requested by Scott Westcoat of AGS Events, LLC. AGS Events also produce theSand Duels Beach Soccer Tournament currently held in Ocean City. They arerequesting this event be held between Somerset and Dorchester Streets.Committee expressed concerns and asked Lisa Mitchell to research the placementof the courts due to possible overthrow of balls which can hit the public, and if amodified ball is being used. Lisa will contact AGS for answers for the committeeand report back. Based on the findings, event can then be scheduled to go toCouncil.

KGBA Volleyball Tournament Series: Lisa Mitchell presented a new volleyballseries for May through October 2015 requested by Delaware VolleyballAcademy. The Delaware Volleyball Academy has held tournaments in OceanCity in the past. They are requesting this event series be held between Somersetand Dorchester Streets. Committee expressed concerns over the July 4thdate butafter discussion, event was approved to go to Council. Councilman Dare alsorequested that the Special Events Calendar be sent to the committee members andpresented at the meetings to review any conflicts in advance of events beingmoved forward to Council.

6. Other Business: Sunset Park: Calvin Ginnavan reported that the paving has beencompleted as of 1-13-2015 and presented photos of the finished work.

Play It Safe Wristbands: Susan reported that Hal Adkins met with the Play It SafeCommittee and other City Representatives to address the directive regarding thenew procedure for purchasing Play it Safe Wristbands. Kate Gaddis reported that,during that meeting, it was determined that those who purchase a ticket and are,ultimately, not eligible to receive a wristband would be able to return their ticketfor a refund. The Recreation and Parks Committee members did not agree and,after discussion, Councilman Hartman made a motion that it be recommended tothe Council that tickets be non-refundable. Councilman Martin seconded themotion. The item will be moved to Council for discussion.

Dolphin Statue: Susan reported that the base for the statue has been set at the OCTennis Center. Councilman Dare reported that the OCDC is celebrating their 15thAnniversary and wants to hold a celebration which may include the installation ofthe statue.


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3

Recreation Program, Team and Tournament Registrations: Kate Gaddis presentedtwo charts to the committee to show the resident vs. non-resident participation inprograms, leagues and tournaments and pointed out that tournament and leaguesbring out of town guests to Ocean City which supports our hotels and restaurants.

Susan reported that Al Hondo Handy appeared in the Parks & RecreationBusiness magazine with an article on his career and Joe Perry was inducted intothe Eastern Shore Golf Hall of Fame.

7. Closed Session: The Committee moved to Closed Session at 5:30 p.m.

8.

Labor & Equipment Guidelines: During the Closed Session, a discussionregarding the Labor and Equipment Guidelines and its application to events wasinitiated by Councilman Dare. He proposed that events having significanteconomic impact to the Town be considered for a modification of fees, with somebeing considered for entry into MOUs. The St. Patricks Day Parade was broughtup as an example. After much discussion, Councilman Dare asked Frank Millerto come up with a list of ideas and possible solutions toward a method of trackingevent return on investment, and a motion was made by Councilman Martin to

move the discussion of entering into a MOU with the St. Patricks Day Paradeorganizers to Council. Councilman Hartman seconded, with the vote unanimous.

9. Adjournment: The meeting adjourned at 7:00 p.m.

10. The next meeting is scheduled for February 24th, 2015 at 4:00 p.m. at NorthsidePark.

P:Susan/Rec & Parks Committee Meeting 1-13-2015


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5. CONSENT AGENDA

A. Private Event Approval Request for Walk MS

April 11, 2015


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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: Lisa A. Mitchell, Private Event CoordinatorRE: Walk MS 2015DATE: January 14, 2015

ISSUE(S): Mark Roeder for the National MS Society, Maryland Chapter wouldlike to hold the event, Walk MS, in the Inlet Lot (Rows AA-D),concrete pad east of the Boardwalk at Worcester Street, andBoardwalk from Worcester Street to 19thStreet on Saturday, April11, 2015 from 9:00 a.m. until 2:00 p.m.

SUMMARY: Beginning on the Boardwalk at Worcester Street, participants walkto 19thStreet where a rest stop is located and return to the InletLot. On the concrete pad east of the Boardwalk at WorcesterStreet, there will be a stage with a DJ and equipment.

In the northwest corner of the Inlet Lot, there will be two (2) tentswith food and tables/chairs. Applicant shall not stake tents into theblacktop, concrete or Boardwalk. Applicant shall also apply for atent permit through the Office of the Fire Marshal.

Public Works will section-off the Inlet Lot with cones and provide

enough cones for applicant to redirect traffic around event area.Ocean City Fire Department will provide an on-duty, non-dedicatedunit during the event.

FISCAL IMPACT: Potential positive economic impact from lodging, food andbeverage, recreation and other incidental expenditures related tothis event plus $929.90 for application, permit and town asset/support fees.

RECOMMENDATION: Approve the event as presented.

1stClass Resort & Tourist Destination

ALTERNATIVES: No staff alternatives suggested.

RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed and the event hasbeen coordinated with Public Works.

ATTACHMENT(S): 1) April 2015 calendar2) Cover sheet3) Asset and support fee schedule4) Application and event layout

Agenda Item # 5A

Council Meeting January 20, 2015


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Sun Mon Tue Wed Thu Fri Sat

1 2 3

PE - Good FridayCrosswalk

4

PE - St. Judes Walk -CANCELLED

5

PE Easter SundaySunrise Service

6 7 8 9 10 11

PE

MS Walk -

TENTATIVE

12 13 14 15 16 17 18

19

PE Komen20 21 22 23 24

PE MD Intl KiteExpo

25

PE Boardwalkinfor PetsPE MD Intl KiteExpo

26

PE MD Intl KiteExpo

27 28 29 30

2015

April


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Ocean City Special Events Private Events

Name of Event: Walk MS New Event: No

Date of Event: April 11, 2015

Date Application Received: July 3, 2014 Application Fee Paid: Yes

Date Returned from All Departments: November 17, 2014 Private Event Fees: $275.00

Town Asset & Support Fee: $654.90

Total Fees to Be Paid to Town: $929.90

Things to Note:

This is a fundraiser that raises money for Multiple Sclerosis research, programs and services for the 10,000Marylanders with MS.

The event organizer provides a light breakfast before the walk and a lunch when participants finish.

Set-up of the event takes place the day before the event from 10 am until 5 pm, and on the morning of theevent from 6 am until 8 am.

The event organizer sets-up two (2) tents and a stage with DJ equipment.

The event takes place from 9:00 a.m. until 2:00 p.m.

Clean up and breakdown of the event site takes place after the event ends, and will be complete by 3 pm.

The start/finish location is on the Boardwalk at Worcester Street. The participants walk north to 19th St.,where there will be a rest stop with drinks and snacks. The participants then turn around and walk back toWorcester Street.

The event organizer requests 350 parking spaces in the Inlet. The participants pay for the spaces, the eventorganizer just wants a reserved section for their participants.

The event organizer requests use of city traffic cones to reserve spaces in the Inlet. The event organizershall also use cones to redirect traffic during actual event.

The event organizer requests the use of public restrooms on the Boardwalk at Worcester Street and 9 thStreet.

Expected number of participants is 800.

Expected number of volunteers is 50.

Comments from Department Representatives:

OCPD Will notify shift.

PUBLIC WORKS Will section off the Inlet Parking Lot from Row AA thru D with cones and alsoprovide enough cones to direct traffic around event area. Billable Town Asset and Support as follows:120 traffic cones for two (2) days, two (2) maintenance staff and one (1) supervisor for a total of $654.90.

RISK MANAGEMENT Insurance Certificate must be obtained prior to the event. Hold harmless clausesigned.

REC. & PARKS Tents cannot be staked in the Inlet Lot.

FIRE MARSHAL An on-duty EMS crew will be provided for this event with the understanding that, inthe event of an emergency, the unit may be dispatched to another location. If they want a dedicated crew,there will be a fee associated with the service. A permit for the use of tents must be obtained from the

Office of the Fire Marshal. EMERGENCY SERVICES, TRANSPORTATION, OCCC, OCBP and TOURISM No comments,

concerns or costs.

Date on Council Agenda: January 20, 2015

Event Approved or Denied:

Other:


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DRAFT

TownofOceanCity Event: WALKMS AssetRateSchedule Events StartDate: Friday,April10,2015 EndDate: Saturday,April11,2015

PERDAY/TASK

AssetDescription PrevCost TOCCost Cost/Hour O/TRate #ofHours #OTHours #ofDays QtyUsed LineCost M&CC% Change

STATICHARDWARE/EQUIP.

DepartmentofPublicWorks

TrafficCone(/day) 2.00$ 2.00$ 2.00 1 20 .0 0 4 80. 00$ $480.00

ACTIVEHARDWARE/EQUIP.


PickupTruck/Operator 42.21$ 63.32$ 2.00 84.42$ $84.42

LABORPOSITIONS


MaintenanceStaff 27.21$ 40.82$ 2.00 54.42$ $54.42

Supervisor 36.06$ 54.09$ 1.00 36.06$ $36.06

TOTALRAWCOST 654.90$

M&CCMANDATEDCHANGE $654.90

TOTALCONVEYEDCOST

OCPDandOCVFDassetsshallbeprovidedseparatelyandonacasebycasebasis.

AvailabilityofAssetsisnotgaraunteedandsubjecttochangewithoutnotice.

TownofOceanCityneedsshalltakepriorityasrelatedtouseofTownassets.

TownofOceanCityConfidential 1/14/2015


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5. CONSENT AGENDA

B. Private Event Approval Request for Walk/Run for Recovery

September 12, 2015


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TOWN OF

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

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa A. Mitchell, Private Event CoordinatorRE: The Atlantic Clubs Walk/Run for RecoveryDATE: January 12, 2015

ISSUE(S): Laura Puckett for the Atlantic Club would like to hold The AtlanticClubs 4thAnnual Walk/Run for Recovery on the Boardwalk fromSouth 1stStreet to 27thStreet, Saturday, September 12, 2015 from8-11 am.

SUMMARY: This 5-mile walk/run starts on the Boardwalk between the Life SavingMuseum and Trimpers. Participants run north to 27thStreet, thenreturn to South 1stStreet.

The applicant requested three (3) Inlet Lot parking passes, and theDepartment of Public Works shall provide if Council approves. Nothingelse was requested from the Town of Ocean City; however,depending on the number of participants, the Office of the FireMarshal may provide a non-committed standby EMS crew. All otherdepartments have no comments or concerns.

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

recreation and other incidental expenditures related to this event.

RECOMMENDATION: Approve event as presented.

This non-profit organizations main office is located in WorcesterCounty, making them eligible for up to a 75% discount in the PrivateEvent Application Fee ($100) and City Use Fee ($250). A discount willbe applied upon Mayor and Council approval.


ALTERNATIVES: No staff alternatives suggested.

RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed and the event hasbeen coordinated with the Department of Public Works and the Officeof the Fire Marshal.

ATTACHMENT(S): 1) Calendar2) Cover3) Application4) Layout

Agenda Item # 5B



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Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5

6 7 8 9 10 11

PE 911 Parade ofBrothers

12

PE Atlantic Clubs

Walk/Run for

Recovery -

TENTATIVE

13 14 15 16 17

PE Bikefest -

TENTATIVE

18

PE Bikefest -

TENTATIVE

19

PE Bikefest -

TENTATIVE

20

PE Bikefest -

TENTATIVE

21 22 23 24

SunfestPE Sunfest KiteFest

25

SunfestPE Sunfest KiteFest

26

SunfestPE Sunfest KiteFestPE Pigs on the

BeachPE Treasure Hunton the Beach -

TENTATIVE27

SunfestPE Sunfest KiteFestPE Treasure Hunt

on the Beach -

TENTATIVE

28 29 30

2015

September


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Ocean City Private Events

Name of Event: The Atlantic Clubs 4th Annual Walk/Run for Recovery New Event:No

Date of Event: Saturday, September 12, 2015

Date Application Received: November 24, 2014 Application Fee Paid: Invoiced

Date Returned from All Departments: January 2, 2015 Private Event Fees $350.00Town Asset & Support Fee: -0-Total Fees to Be Paid to Town: $350.00

Things to Note:

This event is a five (5) mile walk/run on the Boardwalk beginning at South 1stStreet, continuing to 27thStreet, andthen returning to South 1stStreet.

The start/finish area is on the Boardwalk between the Life Saving Museum and Trimpers, from the top to the bottomof the slope.

Set-up takes place on the day of the event, from 6-8 am. Set-up includes placing chairs, tables, supplies andequipment on the south end of the Boardwalk.

Registration takes place on the day of the event, beginning at 7 am.

The event takes place from 8-11 am.

Clean-up follows the conclusion of the race, from 11 am until 12 noon.

The event organizer requests approval to provide entertainment in the form of a DJ with a PA system on the south endof the Boardwalk.

The event organizer requests three (3) parking passes to unload and load the above mentioned supplies.

The event organizer shall provide one to two (1-2) first aid stations with volunteer nurses.

The event will take place rain or shine.

The event organizer shall supply waste receptacles at the registration area and dispose of all trash.

The event organizer shall provide participation prizes and awards.

Expected number of participants is 100-500.

Expected number of spectators is 20.

Comments from Department Representatives:

PUBLIC WORKS Will provide the event organizer with three (3) Inlet Parking Lot Passes. No issues with grantingapproval of this on-going event.

RISK MANAGEMENT Insurance Certificate to be obtained and submitted naming TOC/M&CC as additionalinsured and certificate holder. Hold harmless agreement signed.

OCPD Will notify the appropriate shifts and have them check on the event from the shift level.

FIRE MARSHAL Requests a more exact number of participants two (2) weeks prior to the event.

REC & PARKS, OCBP, EMERGENCY SERVICES, TOURISM, TRANSPORTATION, and OCCC No comments,concerns or costs.

Date on Council Agenda: January 20, 2015

Event Approved of Denied:


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6. MISCELLEANEOUS REPORTS AND PRESENTATIONS

A. Atlantic General Hospital Annual Report presented by

Michael Franklin, President/CEO


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TOWN OF


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

FROM: David L. Recor, ICMA-CM, City ManagerRE: Atlantic General Hospital Annual Update


ISSUE(S): Atlantic General Hospital annual update

SUMMARY: Michael Franklin, President and CEO of Atlantic General Hospital,will provide an update on Fiscal Year 2014 finances and strategic

initiatives.

FISCAL IMPACT: None

RECOMMENDATION: Not applicable

ALTERNATIVES: Not applicable

RESPONSIBLE STAFF: Not applicable

COORDINATED WITH: Not applicable

ATTACHMENT(S): PowerPoint presentation

Agenda Item # 6A



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L

A T_ L T

_C

tlantic

General Hospita

l

Health System

GE N F R AL H OS P ITAL

care

g1vers

Our Vision

To be

the

leader

in

caring

for people

and

advancing health

for the residents of

and

visitors to

our community.

Our

Mission

To

create a coordinated care

delivery system

that will

provide

access

to quality care personalized service and

education to improve individual

and

community health


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H

os

pita ls a nd

Care Systems o

the Future

Sept

ember

2011

American Hospital

Association

A ePOo1 'am

AHA

Comm ttee

on Performarce

Mprovemenl

JeanetTe Ctoug'l (Cna r)

Mol' Adams..,

R

C'lara A'oole '

v ~ a n DeVore

Scott Oue

JonnO


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\c c '''halth

( nnrdm lh nn

ur

l t l

n

ut


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Pioneers in Health Literacy Improvement Right

n

Our ommunity

Health concepts should no longerbe confined to health and biologv classes. Health literacv

integration is

about

weaving health concepts into existing math science reading

and

social studies

lessons to increase

students

exposure to this information and thus increase their understanding.

Good health literacv is critical to good health.

Until now no standards have been available to guide

teachers in integrating health literacy principles into their

science language arts and social studies lessons. Those

standards are still in

draft

form pending the results of a

pilot

program

that

second grade teachers

at cean

City

Elementary School

will

begin during the 3rd and th terms

of

this school year.

Upon successful completion

of

the

pilot

project the principles

will be

extended into cuniculum in other grades in all the

public schools in Worcester County. The goal is for the health

literacy integration standards

to

be available for adoption by

school systems across the country.


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Reducing Potentially A voidable Hospital

Utilization (PAUs) Improves Care

PAUs

are Hospital care that is unplanned and can be

prevented

through

i

nproved

care, coordination, effective

primary care and in1proved population health.

- Readmissions/Rehospitalizations (includes

ER

- Preventable Adn1issions

and ER Visits AHRQ PQls,

n1ore)

- Avoidable adtnissions for

SNF and

assisted 1 ving residents

beyond PQis

- Potentially preventable complications

- Adn1issions

and

ER visits for high needs patients

can

be

n1oderated with better

chronic

care and care coordination


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merican

Hospital

ssociation

v o\ume-D

as

cd Business 1\f.oC/eJ

l:.vldcnce-bonl.'d

can:

jllltlcnl foc:us

Care

tmtnug cmcnt -

d i ~ s e f o c u s

I forbontal

inlcv ratlon or

P hariflll

lmog

t w

ln

Orgtmlw llon

Hospilol

procc"

Improvement

cro

funclional

K ' I ' V k ~

Physician c:ngQgemenl

WHOLE PERSON

Datu

Eviden-t...ed

care- lntqmion ofelinicL

population focus financial dala

~ = : . f = n t

V e r t i c a l ~

intellllllionof provider

Poliont anadyliCJ,

micro

Wf\ l lCb

HEALTHY COMMUNITIES

Cure

lntosnle with

communhy >Oili

providm

pay

rs

Enw '

total

community

Ncar-complete

communi ty health

dollli>ll2

Loosely coupll.d"

OfSIJllullons

aryland Hospital Association


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8 8 8

8 8

8


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oordinated

uality

are


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ATLANTIC GENERAL 2 2 VISION

care coord ination

V S ON

To

be

the leader in caring for

people and

advancing health for the residents of

and

visitors to our community.

M SS ON

To

create

a coordinated care delivery

system that will provide

access

to quality

care

personalized

service and

education to

improve individual

and

community health


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REGULAR SESSION -MAYOR AND CITY COUNCILTUESDAY, JANUARY 20, 2015

8 ITEMS REFERRED TO AND PRESENTATIONS FROM

THE CITY MANAGER AND STAFF

A. Request for Permission to Solicit Bids for Vehicle

Vending Franchise presented by City Clerk


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TOWN OF

T h e W h i t e M a r l in Ca p i t a l o f t h e W o r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Kelly L. Allmond, CMC

RE: Vehicle Vending FranchiseDATE: January 12, 2015

ISSUE(S): Permission to solicit bids for the Vehicle Vending Franchise

SUMMARY: On December 10, 2014, Ron Bright of Popsy Pop, Inc. advised thathe will not fulfill the 4-year term of his Vehicle Vending Agreement

which expires December 2016 (see attached email). Over thephone, he explained that he has no one to operate in this area.Since then, he defaulted on his January 1, 2015 payment.

FISCAL IMPACT: $71,200.00 annually. Two (2) years remain on the unexpired termso the total revenue lost is $142,400.00.

RECOMMENDATION: Revoke the current franchise agreement and re-bid the Franchisefor another 4-year term, and, request the initiation of debarment

proceedings from City Solicitor Ayres.


ALTERNATIVES: Do not re-bid.

RESPONSIBLE STAFF: Kelly L. Allmond, City ClerkGuy Ayres, City Solicitor


ATTACHMENT(S): 1)

Email from vendor declaring withdrawal;

2) Article VII of Chapter 39 entitled Franchises;

3) 2015 Bid Packet

Agenda Item # 8A



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1

Kelly Allmond

From: Ron Bright

Sent: Wednesday, December 10, 2014 2:15 PM

To: Kelly Allmond

Subject: RE: Vehicle Vending Franchise

Hi Kelly,

Due to several unforeseen obstacles, Popsy Pop will not be able to participate in the Ocean City Md. ice cream

concession in 2015.

Thanks for everything and please let me know if you need any additional information,

Ron Bright

From:Kelly Allmond [mailto:[email protected]]

Sent:Tuesday, December 09, 2014 4:03 PMTo:'[email protected]'Subject:Vehicle Vending Franchise

Ron

So sorry to cut our conversation short yesterday. Please dont hesitate to call me again, but I think its

best for you to email me your intent for the 2015 Vehicle Vending Franchise so I can convey it to the

MCC.

Thanks so much,

Kelly Allmond

410-289-8842


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2015 Vehicle Vending Franchise Bid Form

BID

$______________________per year, for a total of $______________________ for the four year term of the franchise.

FINANCIAL HISTORY

The source of my funds for the initial franchise payment tended herewith is as follows:

CREDIT REFERENCE #1

FULL NAME

ADDRESS

PHONE NUMBER

EMAIL ADDRESS

CREDIT REFERENCE #2

FULL NAME

ADDRESS

PHONE NUMBEREMAIL ADDRESS

BANK REFERENCE

FULL NAME

ADDRESS

PHONE NUMBER

EMAIL ADDRESS

AFFIDAVIT

I do hereby agree to and authorize the Mayor and City Council of Ocean City to make inquiry of my personal

background, financial and credit worthiness; and my credit report; by my signature hereto, I do hereby authorizeand empower those listed above as credit references and bank reference to release unto Mayor and City Council oOcean City any information pertaining to my personal background, financial and credit worthiness and for theMayor and City Council to obtain a copy of my credit report; and,

I do hereby certify that this BID has been arrived at independently, without consultation, communication, oragreement as to any matter relating to this BID with any other bidder or competitor; and

I do hereby certify that there are no other persons financially interested, direct or indirect, in this BID, except:

____________________________________________________ _________________________________________________Name Signature

____________________________________________________ _________________________________________________Name Signature

I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the information and statementabove are true and correct to my knowledge and belief.

___________________________________________________ ________________________________________________Print Name Signature

___________________________________________________ ________________________________________________Address Telephone


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PARTII CODEOFORDINANCES

Chapter39FRANCHISES

ARTICLEVII. VEHICLEVENDING

OceanCity,Maryland,CodeofOrdinances Page1

ARTICLEVII. VEHICLEVENDING[55]

Sec. 39-501. - Title.Sec. 39-502. - Definitions.Sec. 39-503. - Violations and penalties.

Sec. 39-504. - System established; franchise conditions; award of franchise.Sec. 39-505. - Insurance.Sec. 39-506. - Termination of franchise; revocation of franchise.Sec. 39-507. - Prohibited acts.

Sec. 39-501. - Title.

This article shall be known as the "Vehicle Vending Franchise Ordinance."

(Code 1972, 100-1)

Sec. 39-502. - Defini tions .

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in thissection, except where the context clearly indicates a different meaning:

Annual bid price - the amount of the bid divided by the number of years of the term.

Franchise - The exclusive and sole right to operate a motor vehicle type prepared-food vending business on and frompublic streets.

Operator - The owner of the franchise.

Reference - Credit and bank references, as required by this article. The reference reports are hereby declared to beprivileged and confidential, and not subject to public inspection pursuant to section 10-615(1) and section 10-617(d)(3) of the State Public Information Act.

System - The vehicle vending franchise system.

(Code 1972, 100-2; Ord. No. 2003-4, 2-3-2003)

Sec. 39-503. - Violations and penalties.

Any person violating any of the conditions, terms or provisions of this article or committing any act herein declared to

be prohibited shall, on conviction thereof, be deemed guilty of a municipal infraction subject to the provisions ofsection 1-8.

(Code 1972, 100-6; Ord. No. 1996-23, 10-21-1996)

Sec. 39-504. - System established; franchise conditions; award of franchise.

There is hereby established and created a vehicle vending franchise and vehicle vending franchise system of OceanCity, Maryland. Such system and franchise is established as follows:

(1) There shall be only one franchise and franchise operator. Such franchise and operator are limited to amaximum of six trucks or vehicles which must be motorized and must meet all standards of the state healthdepartment.

(2) The franchise operator shall be permitted to vend prepared food items at all times from all public waysexcept the following:

a. For the franchise operator or any of his employees to vend during the hours of 10:00 p.m. to 10:00 a.m.of the following day or to vend from Coastal Highway, Baltimore Avenue, Philadelphia Avenue, Atlantic

Avenue(beach and boardwalk) or east of Baltimore Avenue from 27thStreet south to the Inlet.

b. Vending shall be prohibited from 10:00 p.m. to 10:00 a.m. the following day.

c. Vending shall be prohibited at the convention center and at Northside Park.

(3) The operator shall be permitted to vend, at retail, prepared food and beverage items, excluding alcoholicbeverages. He shall not be permitted to vend non-food items.


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Chapter39FRANCHISES



(4) The franchise shall not be assigned without the prior written permission of the Mayor and City Council.

(5) Bidding process.

a. The bidding process shall be by sealed bid. Each bid shall be accompanied by a cashier's or certifiedcheck in the amount of 80 percent of the first year's annual bid price. All bids shall be presented to theMayor and City Council by 1:00 p.m. on the first Tuesday work session in February of each bid year.Bids shall be opened at the first Tuesday work session in February and shall be awarded to the highestbidder, except that, should the Council determine that there are irregularities in such bidding, theCouncil may reject such bids as it deems appropriate and postpone the awarding of bids if it so desires.In the event of tie bids, the first in time received shall be deemed the successful bids.

b. Each sealed bid shall be presented in the form and the successful bidder at a public auction shallpresent the form, as follows:

1. $____________ per year, for a total of $____________ for the four-year term of the franchise.

2. The source of my funds for the initial franchise payment tendered herewith is as follows:

i. Credit references: (applicant shall list at least two with full names, addresses, telephonenumber and contact person).

ii. Bank reference: (applicant shall list at least one with full name, address, telephone numberand contact person).

3. I do hereby agree to and authorize Mayor and City Council of Ocean City to make inquiry of mypersonal background, financial, credit worthiness and my credit report; and by my signaturehereto. I do hereby authorize and empower those listed as credit references and bank referencesto release to the Mayor and City Council of Ocean City any information pertaining to my personalbackground, financial and credit worthiness, and for the Mayor and City Council of Ocean City toobtain a copy of my credit report.

4. I do hereby certify 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 withany competitor.

5. I do hereby certify that there are not other persons financially interested, direct or indirect, in this

BID, except as fully disclosed and permitted by this chapter of the Code of Ocean City. (Allpersons must sign (7)).

6. I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the informationand statement above made are true and correct to my knowledge and belief, and by affixing mysignature hereto, I do personally guarantee all the terms and conditions of the franchise.

7. "_____

(Namehandwritten)

_____

(signature)"

(6) The term of the franchise shall be four years.

(7) The payment of the franchise fees shall be as follows: The remaining 20 percent of the first year's franchisefee shall be paid by June 30. Thereafter, in the subsequent years of the franchise term, 80 percent of theannual franchise fee shall be paid on or before January 1, with the remaining 20 percent of the annualfranchise fee being paid on or before June 30 of each year.

(8) The franchise operator shall be permitted to play amplified music at a level not to exceed 65 dB(A).

(Code 1972, 100-3; Ord. No. 1994-28, 1-3-1995; Ord. No. 1996-23, 10-21-1996; Ord. No. 1999-2, 2-23-1999;Ord. No. 2003-4, 2-3-2003; Ord. No. 2006-21, 8-21-2006)


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Chapter39FRANCHISES



Sec. 39-505. - Insurance.

For the protection of the public and the Mayor and City Council, the operator must obtain, at the operator's ownexpense, comprehensive automobile liability insurance coverage in at least the amount of $1,000,000.00 per personand $2,000,000.00 per occurrence for bodily injury and $200,000.00 for property damage and comprehensive generalliability insurance, with a combined single limit of $2,000,000.00 for both bodily injury and property damage, which

shall include product liability insurance in the amount of at least $1,000,000.00. Such insurance coverage shall namethe Mayor and City Council as additional insured, and a certificate of insurance evidencing such coverage shall befurnished the Mayor and City Council by the operator and be approved by the City Clerk of Ocean City before theoperator engages in the selling of food items from any public ways.

(Code 1972, 100-3.1; Ord. No. 1996-23, 10-21-1996)

Sec. 39-506. - Termination of f ranchise; revocation of franchise.

(a) The franchise shall terminate at the expiration of the four-year term.

(b) The franchise shall immediately be revoked upon the nonpayment of any fee when that fee is due.

(c) If the operator fails to keep every condition, term or provision of this article, the franchise may be revoked by theMayor and City Council.

(Code 1972, 100-4)

Sec. 39-507. - Prohibi ted acts.

Each of the acts described in this section is prohibited:

(1) For anyone other than the franchise operator to vend prepared food items from public property or publicways within the corporate limits of Ocean City. This subsection shall not be construed to include theconvention center property or Northside Park.

(2) For the franchise operator or any of his employees to vend during the hours of 10:00 p.m. to 10:00 a.m. ofthe following day, or to vend from Coastal Highway, Baltimore Avenue, Philadelphia Avenue, Atlantic

Avenue (boardwalk) or east of Baltimore Avenue and south of 18th Street.

(3) For the franchise operator to utilize more than six vehicles to vend the prepared food products.

(4) For the franchise operator to play music, whether amplified or not, at a level in excess of 65 dB(A).

(Code 1972, 100-5; Ord. No. 1996-23, 10-21-1996; Ord. No. 1999-2, 2-23-1999)

FOOTNOTE(S):

(55)Cross reference Businesses, ch. 14; traffic and vehicles, ch. 90.(Back)


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TOWNOFOCEANCITY

20132016VEHICLEVENDING

FRANCHISEAGREEMENT

THISFRANCHISEAGREEMENTmadethis__ dayof________, 2013byandbetweentheMayor

andcityCouncilofOceanCity,aMarylandMunicipalCorporation,hereinaftercalledandreferred

toasCityand ,hereinaftercalledandreferredtoasOperator.

WITNESSED:

Thatforandinconsiderationofthepremises,andoftherightshereinthisagreementgranted,and

ofthesumsofmoneyhereinthisagreementstated,theCityandtheOperatordohereby

covenantandagreeasfollows:

THATtheCityagrees:

1.

Thattheoperatorshallhavetherighttooperateavehiclevendingbusinesssubjecttothe

termsandconditionhereinafterstated,onthepublicstreetsforatermcommencingwith

thedatehereofandterminatingonthe

2. ThatsolongastheOperatorperformsashereinstatedandpaysthesumshereinafterin

thisagreementspecifiedwhensaidsumsaredueandconductshisbusinessinaccordance

withthetermsofthisFranchiseAgreementandinaccordancewiththeprovisionsof

Chapter39,ArticleVII,oftheCodeoftheTownofOceanCity(saidChapter39herebybeing

incorporatedbyreference),theCitywillnotgranttherighttooperateaVehicleVending

Franchiseonthepublicstreetstoanotheroperator.

3. ThattheCityacknowledgesreceiptofthesumof$ fromtheOperator,which

sumrepresents80%ofthefirstannualFranchisefee.

THATthe

Operator

agrees:

1. Topaytheannualbidpriceasfollows: 80%ofthefirstannualfeebeingheretoforepaid

andtheremaining20%tobepaidonorbefore thereafterfortheremainingyearsof

thetermofthisagreementtheannualfeewillbepaidbypayingtotheCity80%ofsaid

annualfeebyJanuary1stoftheyearpriortothenextsummerseason,andtheremaining

20%onorbeforeJune30th. TheOperatoragreestopaytheannualfranchisefeeof $

atthetimesaforesaidandtopaythetotalsumof$ ininstallmentsas

aforesaid,forthefour(4)yeartermofthisagreement.

2.

TocomplywithalltheprovisionsandconditionsofChapter39,ArticleVIIoftheCodeofthe

Town

of

Ocean

City

(as

from

time

to

time

amended

by

Ordinance).

3.

TheOperatorbyenteringintothisagreementherebyacknowledgesthathehas

knowledgeoftheaforesaidChapter39,ArticleVIIandherebyexpresslywaivesanyandall

rightsordefenseshemightnowhaveorhereafteracquirebyreasonoftheOperatornot

havingreadorunderstoodtheaforesaidChapter39,ArticleVII.

4. ToprotectandsaveharmlesstheCityfromalldamageandlossfromorarisingoutofor

byreasonofthenegligenceoftheOperatorhisagentsoremployees,byprovidingthe

insurancerequiredunderChapter39,ArticleVII.


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5. ThattheOperatorshallconductthebusinessofvehiclevendingandshallconductno

otherbusinessundertherightsgrantedbythisfranchiseagreement.

6. ThattheOperatorshallpermitnomorethansix(6)vehiclestooperateonthepublic

streetsatanyonetime.

7. Thatnoalcoholicbeverageswillbeconsumedorkept,byitselforitsagentsoremployees

onthevendingvehicles.

8. TocomplywithallTown,County,StateorFederallawsandregulations.

9.

Thatthetermsandprovisionsofanyotherfranchiseagreementandnegotiationsonthe

priceorpaymentsornegotiationsinreferencetothedefaultofprovisionsofanyother

agreementshallhavenoeffectonthisFranchiseAgreement

ATTEST: CITY

MayorandCityCouncil

TownofOceanCity

__________________________

CityClerkKellyL.Allmond ____________________________________

MayorRichardW.Meehan

____________________________________

CouncilPresidentLloydMartin

WITNESS: OPERATOR

____________________________ ____________________________________

Signature PrintName


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02516

P.O. BOX 158 OCEAN CITY, MARYLAND 21843-0158 City Hall (410) 289-8221 FAX (410) 289-8703

TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilFROM: David L. Recor, ICMA-CM, City ManagerRE: Smoking on the Beach and Boardwalk Policy DiscussionDATE: January 20, 2015

ISSUE(S): Review of revised maps depicting Designated Smoking Areas onthe beach and adjacent to the Boardwalk.

SUMMARY: Following the Mayor and Councils January 5, 2015, RegularMeeting, staff organized a field tour of proposed DesignatedSmoking Areas on the beach and adjacent to the Boardwalk with

the Mayor and Council.

Revised maps depicting suggested Designated Smoking Areas onthe beach and adjacent to the Boardwalk have been prepared forthe Mayor and Councils further review and discussion.

FISCAL IMPACT: Estimated expenses approximately $40,000 (materials andsupplies). * The Maryland Cancer Fund has awarded the Town aone-time Grant in the amount of $18,762 for materials. Additionalfunding in the amount of $19,345 has been committed to thisendeavor by the Maryland Department of Health and Hygiene.

RECOMMENDATION: Restrict smoking, including the use of ESDs, to DesignatedSmoking Areas on the beach and adjacent to the Boardwalk asdepicted on the revised maps subject to Ordinance review by theCity Solicitor.

1stClass Resort and Tourist Destination

ALTERNATIVES: Complete smoking ban on beach and Boardwalk or status quo

RESPONSIBLE STAFF: David L. Recor, ICMA-CM, City ManagerBlaine Smith, Asst. Director, Planning & Community Development

Robert Nelson, Planner

COORDINATED WITH: Ross Buzzuro, Chief of PoliceScott Harner, Lieutenant, OCPDButch Arbin, Captain, Beach PatrolWard Kovacs, 2ndLieutenant, Beach PatrolHal Adkins, Public Works DirectorWayne Pryor, Grants CoordinatorDonna Abbott, Tourism Director

Agenda Item # 8B



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Cover Memorandum - Smoking on the Beach and Boardwalk Policy Discussion

Page 2

P.O. BOX 158 OCEAN CITY, MARYLAND 21843-0158 City Hall (410) 289-8221 FAX (410) 289-8703

Jessica Waters, Communications Manager

John Van Fossen, Public Works Deputy Director

Terry Steimer, Public WorksKaren Zera, GIS Coordinator

Lindsay Richard, OCPD PIO

Marty Pusey, Director of Prevention Services, Worcester County

Health Department

ATTACHMENT(S): 1) Revised Maps2) Ordinance 2011-7 Prohibiting Smoking in Public Places

3) Draft Ordinance Restrict Smoking on the Beach and

Adjacent to the Boardwalk to Designated Smoking Areas


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0 Designated Smoking Areas 0 Smoking Restrict ion Sign


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Q ean CtyGIS

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Town of Ocean City Maryland Proposed Designated Smoking Areas

al

bot

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Q eanCtyGIS

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Proposed Designated Smoking Areas

5th Street to

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Designated Smoking Areas Smoking Restriction Sign

5 1


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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

AND

CITY COUNCIL

OF

OCEAN CITY THAT CHAPTER 30,ENTITLED ENVIRONMENT,OF

THE

CODE OF

THE TOWN

OF

OCEAN CITY,

MARYLAND BE AND THE

SAME IS

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 m

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 other

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

public

and its employees

from involuntary

exposure

to

environmental tobacco smoke

in

certain a r e a s

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

J EN K I N S ,

ALMAND PA

SUITE

200

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

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 Complex)

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 the

public

park

and be subject

to a

m unicipal infraction of up

to 500.00

hich

can be

issued by a n


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ORDINANCE # __ dr af t

AN ORDINANCE TO AMEND CHAPTER 30, ARTICLE VIII, ENVIRONMENTAL

TOBACCO SMOKE, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLANDNOW,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 THE TOWN OF OCEAN

CITY BE AND THE SAME IS HEREBY AMENDED TO

REGULATE OUTDOOR SMOKINGIN PUBLIC PLACES

WHEREAS,The Mayor and City Council of the Town of Ocean City have deemed itdesirable for established public health and sanitation reasons to regulate smokingon the beachand the boardwalk; and

WHEREAS, there recently has been considerable public interest in extending theregulation of smokingto 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 Ordinance 2011-7which states, It is the intent of the Mayor and City Council to protect the public and itsemployees from voluntary exposure to environmental tobacco smoke (the complex mixturefroma burning tobacco product) in certain areas open to the public.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the Townof 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 naturally occurring ormanmade accumulations of sand in ridges or mounds landward of the beach; and 2) add the termBoardwalk which means the manmade wooden structure west of and bordering the beachwhere people walk, bike, run, and drive north and south from South 2ndStreet to 27thStreet. TheBoardwalk does not include the concrete protrusions east of the boardwalk found fromWicomico Street to 4thStreet; (3) add beach which is beach (erosion control district) or thearea of 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, andbordered on the west by the State-Ocean City building limit line, (COMAR 08.09.02.01); (4)add beach erosion control district which is 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 the State-Ocean Citybuilding limit line (COMAR); (5) add the definition of electronic smoking devices, a.k.a.ESD (electronic smoking devices), ENDS (electronic nicotine delivery system), ENDD(electronic nicotine delivery device), e-cigarettes, or e-vapordevices which allow the action ofvaping are battery-powered disposable or rechargeable nicotine delivery systems usingflavored liquids and various levels of nicotine that are atomized by a heating element and is


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absorbed into the lungs as an aerosol, resembling a vapor. Vaping is a term to describe theprocess of inhaling the flavored aerosol and exhaling it.

Section 30-603-Violations, the list of affected areas under the regulated smoking areas in 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 smokingregulations at 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 a markeddesignated smoking area. The Mayor and City Council encourage voluntary use of thereceptacles provided in these designated smoking areas.

The smoking regulations in outdoor public areas will include electronic smoking devices,also known as e-cigarettes and ESD.

The sites on the beach where the town designates as smoking areaswill have clearly-marked

cigarette/cigar butt receptacles that are orange cans located about 50 feet from the base of theeastern side of the dune and about 50 feet from the beach entranceway from the dune. Lifeguardchair signs and street signs will indicate there are designated receptacles. The beach arearegulatedis also known as the beach erosion control district and has strictly-defined boundaries.

The sites on the boardwalk that the town designates as smoking areaswill have clearly markedcigarette/cigar butt receptacles. Enforcement of this ordinance shall come under the Ocean CityPolice Department. Citations may be issued to violators of the regulationsat the discretion of theenforcement officer on scene. Citation amounts shall be from $25.00 to $1,000.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor and City Councilof 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


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THE CITY SOLICITOR

A. Second Reading Ordinance 2015-1 to Amend Section 58,

Entitled Offenses and Miscellaneous Provisions (Trespass

Enforcement Authorization Program signs purchased by

the participant will be placed by the participant not the

city)


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TOWN OF


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

FROM: David L. Recor, ICMA-CM, City ManagerRE: Ordinance to Chapter 58, Article II Offenses Against Public Peace and Order


ISSUE(S): Second reading of ordinance amending trespass enforcement

authorization program code.

SUMMARY: Current code notes that Trespass Enforcement AuthorizationProgram signs are to be placed on participating properties by the

city. This amendment changes the responsibility of signplacement to the participant.

FISCAL IMPACT: Not applicable

RECOMMENDATION: Ratify ordinance.Excellent Service through aHigh Performing TownOrganization

More Livable Community forResidents

ALTERNATIVES: None suggested.

RESPONSIBLE STAFF: Not applicable

COORDINATED WITH: Police Commission

ATTACHMENT(S): Ordinance

Agenda Item # 9A



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THE CITY SOLICITOR

B. First Reading Ordinance to Adopt FY15 Budget

Amendment #1


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City Manager

FROM: Jennie Knapp, Budget ManagerRE: Ordinance for FY 15 Budget Amendment #1DATE: December 30, 2014

ISSUE(S): First reading of Ordinance for FY 15 Budget Amendment #1

SUMMARY: The budget amendment appropriates an additional $855,680 fromfund balance to cover Council approved expenditures for street

paving, Beach Patrol headquarters, the Towns local match forrepaving of runway 14/32 and the transfer of Beautificationdonations to fund a water feature at the Convention Center.

An additional $682,076 of appropriated fund balance is included tocover prior year purchase orders and items approved in the FY 14budget but not purchased. Items included are advertising and TAB

funds, painting and carpet at City Hall and Northside Park patioresurfacing. $350,000 of the savings in retiree health insurancehas been used to reduce revenue estimates for Emergency MedicalService billing, parking revenue and parking fines. $90,419 of

savings in retiree health insurance has been transferred to VehicleTrust to fully fund vehicle purchases for FY 15.

FISCAL IMPACT: The amount taken from prior year reserves (fund balance)

increases $1,537,756 from $931,828 in the FY 15 Adopted Budgetto $2,469,584. Fund balance remains at or above the 15% of

annual expenditures policy target.

RECOMMENDATION: Pass ordinance for second reading.

Financially Sound Town Government

ALTERNATIVES: Make additional changes to the FY 15 Budget

RESPONSIBLE STAFF: Jennie Knapp, Budget Manager


ATTACHMENT(S): 1) Budget amendment ordinance

2) Detail of changes

Agenda Item # 9B



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ORDINANCE 2015-

TOWN OF OCEAN CITY

OPERATING BUDGET

FISCAL YEAR 2015

ADOPTED AMENDMENT # 1

SOURCE FY-2015 FIRST READING CHANGES

Section I, General Fund:

A. Anticipated Revenue:

Property Taxes $ 42,089,670 $ 42,089,670 $ 0

Other Taxes 16,520,600 16,520,600 0

Licenses and Permits 4,062,570 4,098,062 35,492

Revenue From Other Agencies 4,855,273 5,144,023 288,750

Charges For Services 9,497,633 9,242,633 (255,000)

Fines and Forfeitures 710,000 660,000 (50,000)

Other Revenue 567,759 541,409 (26,350)

Prior Year Reserves 931,828 2,469,584 1,537,756

Total Revenue $ 79,235,333 $ 80,765,981 $ 1,530,648

B. Anticipated Expenditures:

General Government $ 4,000,086 $ 4,052,123 $ 52,037

Public Safety 34,216,710 34,404,382 187,672

Public Works/Beach Maintenance 5,302,911 5,412,006 109,095

Sanitation and Waste Removal 5,616,940 5,606,434 (10,506)

Highways and Streets 5,402,696 5,404,200 1,504

Economic Development -Tourism 7,184,880 7,383,494 198,614Culture and Recreation 7,697,061 7,743,194 46,133

Debt Service 5,220,163 5,220,163 0

Sub Total $ 74,641,447 $ 75,225,996 $ 584,549

To Transportation Fund 1,300,787 1,300,787 0

To Airport Fund 262,069 328,069 66,000

To Convention Center Fund 1,480,310 1,520,710 40,400

To Vehicle Trust Fund 0 90,419 90,419

To Capital Projects 1,550,720 2,300,000 749,280

Total Expenditures $ 79,235,333 $ 80,765,981 $ 1,530,648


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Section II, Water Fund:


Water Sales $ 3,748,313 $ 3,748,313 $ 0

Water Fixture Charge 3,489,335 3,489,335 0

Service Charges 189,261 189,261 0

Capacity/Impact Fees 89,964 89,964 0

Prior Year Reserves 0 111,168 111,168

Total Revenue $ 7,516,873 $ 7,628,041 $ 111,168


Personal Services $ 2,081,064 $ 2,065,064 $ (16,000)

Non-Personal Services 3,172,165 2,907,333 (264,832)

Debt Service 743,044 743,044 0Capital Outlay 1,520,600 1,912,600 392,000

Total Expenditures $ 7,516,873 $ 7,628,041 $ 111,168

Section III, Transportation Fund:


Bus Revenue $ 3,332,166 $ 3,332,166 $ 0Train Revenue 1,088,620 1,096,036 7,416

Federal and State Grants 3,514,982 5,236,772 1,721,790

Transfer-In From General Fund 1,300,787 1,300,787 0

Capital Asset Sales 0 33,052 33,052


Total Revenue $ 9,236,555 $ 11,290,881 $ 2,054,326


Personal Services $ 3,637,046 $ 3,637,046 $ 0

Non-Personal Services 3,267,509 3,486,060 218,551

Capital Outlay 2,332,000 4,167,775 1,835,775

Total Expenditures $ 9,236,555 $ 11,290,881 $ 2,054,326


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Section IV, Wastewater Fund:


Wastewater Treatment Charges $ 11,388,335 $ 11,388,335 $ 0

Service Charges 1,000,992 1,102,585 101,593

Capacity/Impact Fees 157,080 157,080 0

Build America Bond Subsidy 128,710 128,710 0

Prior Year Reserves 77,514 806,276 728,762

Total Revenue $ 12,752,631 $ 13,582,986 $ 830,355




Debt Service 3,652,829 3,652,829 0Capital Outlay 1,329,000 2,014,239 685,239


Section V, Airport Fund:


Fuel Sales $ 654,711 $ 654,711 $ 0

Rents and Other Revenue 338,728 338,728 0Service Charges 79,124 79,124 0

Transfer-In From General Fund 262,069 328,069 66,000


Total Revenue $ 1,334,632 $ 1,421,416 $ 86,784


Personal Services $ 316,557 $ 316,557 $ 0

Non-Personal Services 875,098 895,882 20,784

Debt Service 142,977 142,977 0

Capital Outlay 0 66,000 66,000



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Section VI, Municipal Golf Course Fund:


Service Charges $ 1,633,496 $ 1,633,496 $ 0

Sales and Concessions 415,366 415,366 0

Other Revenue 63,600 63,600 0


Total Revenue $ 2,112,462 $ 2,114,456 $ 1,994




Transfer to General Fund 9,768 9,768 0

Capital Outlay 0 0 0


Section VII, Convention Center Fund:


Service Charges $ 1,770,900 $ 1,770,900 $ 0

State and County Grants 1,543,906 1,543,906 0

Food & Beverage Tax 1,170,000 1,170,000 0

Transfer-In From General Fund 1,480,310 1,520,710 40,400

Prior Year Reserves 2,139,496 2,140,328 832

Contributed Equity 0 0 0

Total Revenue $ 8,104,612 $ 8,145,844 $ 41,232



Non-Personal Services 1,600,585 1,601,417 832

Debt Service 3,398,092 3,398,092 0

Transfer to Capital Reserves 100,000 100,000 0

Capital Outlay 40,000 80,400 40,400



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Section VIII, Information Technology Fund:


Service Charges To Other Funds $ 1,985,026 $ 1,985,026 $ 0


Total Revenue $ 1,985,026 $ 2,002,947 $ 17,921



Non-Personal Services 997,033 1,014,954 17,921



Section IX, Service Center Fund:


Service Charges To Other Funds $ 5,208,233 $ 4,808,233 $ (400,000)


Total Revenue $ 5,208,233 $ 4,833,870 $ (374,363)


Personal Services $ 1,820,690 $ 1,749,690 $ (71,000)

Non-Personal Services 3,387,543 3,084,180 (303,363)

Debt Service 0 0 0


Total Expenditures $ 5,208,233 $ 4,833,870 $ (374,363)


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Section X, Vehicle & Equipment Trust Fund:



Transfer From General Fund 0 90,419 90,419

Sale of Assets 129,709 129,709 0


Total Revenue $ 2,373,006 $ 2,718,852 $ 345,846


Non-Personal Services $ 744,352 $ 744,352 $ 0

Debt Service 0 0 0

Transfers Out 0 0 0

Capital Outlay 1,628,654 1,974,500 345,846


Section XI, Risk Management Fund:



Interest Earned 50,000 50,000 0Prior Year Reserves 0 347 347

Total Revenue $ 2,341,711 $ 2,342,058 $ 347



Non-Personal Services/Claims 2,084,637 2,084,984 347


Total Expenditures $ 2,341,711 $ 2,342,058 $ 347


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Section XII, Pension Trust Funds:

january 20 2015 complete agenda2

Documents