MAYORANDCITYCOUNCIL

REGULARSESSION
Monday,November4,20136:00P.M.

AGENDA
1.

CALLTOORDER PRAYERANDPLEDGE APPROVALOFMINUTES A. RegularSession#19datedOctober21,2013 B. WorkSessiondatedOctober29,2013 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. ChangetoTownAppointeesServingonMDCoastalBaysFoundationBoardofDirectors B. StandingCommitteeDraftAgendas CONSENTAGENDA A. RequestforApprovaltoSolicitBidsforSkateParkShadeStructure B. RequesttoApproveStatementofWorkforSunGardtoModifyComputerAidedDispatch Software C. RequestApprovaltoRebidRoofReplacementandRestorationProject D. RequesttoSolicitBidsforNorthsideParkPierDeckReplacementLabor E. 3YearPrivateEventApprovalRequestforPigsontheBeachSeptember26,2015 MISCELLEANEOUSREPORTSANDPRESENTATIONS A. RemarksfromRonPillingonbehalfof2ndAnnualOutofDarknessWalk B. PrivateEventApprovalRequestforOCBeachtoBoardwalkHalfMarathon&5KMarch9,2014 C. PrivateEventApprovalRequestforOceanCityBeachBlitzSoccerAugust23,2014 PUBLICHEARINGS ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR A. SecondReadingOrdinance201314toAmendChapter110EntitledZoning(reviseslanguage toclarifyparkingspacerequirementsforrestaurantusewithinshoppingcenters) B. FirstReadingOrdinancetoAmendChapter110EntitledZoning(tochangethedefinitionof buildingheight) C. ResolutionAuthorizingtheSaleofSurplusPersonalProperty(toauctionsurplusvehiclesand miscellaneousitemsonGovDeals.com) COMMENTSFROMTHEPUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during CommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject onwhichheorshewishestospeak.

2. 3. 4. 5. 6. 7. 8. 9. 10.

MayorandCityCouncilRegularSessionAgenda
11. 12. 13. COMMENTSFROMTHECITYMANAGER A. ReviewoftentativeworksessionagendaforNovember12,2013 COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN

November4,2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 3 APPROVAL OF MINUTES A. Regular Session #19 dated October 21, 2013 B. Work Session dated October 29, 2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 4 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Change to Town Appointees Serving on MD Coastal Bays Foundation Board of Directors

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 4A November 4, 2013

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Change to Town Liaisons for MD Coastal Bays Foundation Board of Directors October 18, 2013 Town appointees for MD Coastal Bays Foundation Board of Directors At the March 4, 2013, regular session, Hal Adkins was appointed to serve as the towns primary representative on the MD Coastal Bays Foundation Board of Directors. Councilman Dare was appointed alternate representative. Due to schedule restraints, Mr. Adkins resigned from his appointed position and suggested, upon approval from the Mayor, that Councilman Dare serve as the primary representative and Matt Margotta serve as the alternate.

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

None Primary representative: Councilman Dennis Dare Alternate representative: Matt Margotta Defer to Mayor None Councilman Dennis Dare Hal Adkins, Public Works Director Matt Margotta, Planning & Community Development Director Committee and Commission Confirmations of March 4, 2013

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

MayorandCityCouncilLegislativeCommitteesandCommissions AppointedonMarch4,2013
PoliceCommission MayorRickMeehan DougCymek LloydMartin DennisDare NoiseBoardLiaison DougCymek Alternate:LloydMartin BeachMediation JoeMitrecic Alternate:MaryKnight TriCountyCouncil MayorRickMeehan JoeMitrecic TourismCommission MayorRickMeehan MaryKnight DennisDare JoeMitrecic PensionCommittee MayorRickMeehan LloydMartin RiskRetentionCommittee DougCymek Alternate:DennisDare HumaneSocietyCommittee MayorRickMeehan MaryKnight DennisDare CoastalResourcesLegislativeCommittee MaryKnight

AmericanswithDisabilities MaryKnight RecreationandParksCommittee MDCoastalBaysFoundationBoardofDirectors DennisDare HalAdkins LloydMartin Alternate:DennisDare JoeMitrecic TourismCommissionwillalsoinclude: 1representativefromHotelMotelRestaurantAssociation 1representativefromOceanCityChamberofCommerce 1representativefromEconomicDevelopmentCommittee 1representativefromOceanCityDevelopmentCorporation ChairmanoftheStateTourismCommission(nonvotingmember) CityManager DirectorofTourism DirectorofConventionCenter RepresentativefromOceanCitySpecialEvents ExecutiveDirectorofHMRA ExecutiveDirectorofChamberofCommerce PoliceCommissionwillalsoinclude: RecreationandParksCommitteewillalsoinclude: CityManager CityManager ChiefofPolice DirectorofParksandRecreation

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 4 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL B. Standing Committee Draft Agendas

TownofOceanCity,Maryland PoliceCommission Agenda November8,20139:00AM PSBBuilding,6501CoastalHighway

1. 2. 3. 4. 5. 6. 7. CalltoOrder ApprovalofMinutesoftheOctober11,2013Meeting ChiefsUpdateonOctoberCrimeStatistics UpdateonProposedTrafficOrdinanceSeatbeltsRequiredWhen RidinginUnenclosedAreasofMotorVehicles CEW/TaserUpdate NewBusiness Adjournment

TourismCommissionMeeting Tentative Agenda 3p.m. Wednesday,December42013 Room214,ConventionCenter 1) Approvalofminutes:October11,2013 2) Organizationalreports ChamberofCommerce EconomicDevelopmentCommittee HMRA OCDC MDTourismDevelopmentBoard Dept.ofTourism ConventionCenter SpecialEvents 3) ClosedSessionProposalsfornewcreativeMGH

OCEAN CITY, MARYLAND RECREATION & PARKS COMMITTEE Tuesday, November 12, 2013 4:00 P.M. Northside Park Community Room

AGENDA

1. Call to Order and Attendance

2. Approval of Minutes of October 15, 2013

3. 2015 Town Sponsored Special Events Schedule

4. New Private Special Events

5. Banner Policy & Guidelines Review

6. Bayside Park/ Chicago Avenue Mooring Site Update

7. Kayak Rentals Concession RFP Update

8. Other Business

9. Adjournment

P:Tom/Rec & Parks Committee Meeting Agenda 11-12-2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 5. CONSENT AGENDA A. Request for Approval to Solicit Bids for Skate Park Shade Structure

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5A November 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Request for Approval to Solicit Bids for Skate Park Shade Structure October 25, 2013 Upcoming bid for Skate Park Shade Structure The Recreation and Parks Department received a state grant to construct a shade structure at the Ocean Bowl Skate Park. Bids will be due at the November 26, 2013, Work Session $30,000 fully funded through Maryland Community Parks and Playground grant Approve bid solicitation request for shade structure. None Terence McGean, City Engineer Tom Shuster, Recreation and Parks Director Wayne Pryor, Grants Coordinator None

ISSUE(S): SUMMARY:

FISCAL IMPACT:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 5. CONSENT AGENDA B. Request to Approve Statement of Work for SunGard to Modify Computer Aided Dispatch Software

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5B November 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE, City Engineer Approval of Statement of Work for CAD Modifications October 29, 2013 Approval of Statement of Work from SunGard for modifications to the computer aided dispatch (CAD) software system. A software modification is required to allow for the dispatch of multiple units on self-initiated calls. The required work is a sole source effort by the current CAD software vendor, SunGard. $10,740 included in FY14 budget Approve proposed Statement of Work and budgeted expenditure. None Nancy Bloxom, IT Manager Janet Guiton, Communications Division Manager SunGard Statement of Work proposal

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

ALLOW MULTIPLE UNITS ON SELF INITIATED CALLS

Provided to: OCEAN CITY, PD
SOW ID: 3958 SCR #: 2013-3597 Date: Oct 1, 2013 Revision Date:

4000 OSSI Court High Point, NC 27265 Phone: 336.885.0911 www.sungardps.com

Allow Multiple Units on Self-Initiated Calls

TABLE OF CONTENTS
EXECUTIVE SUMMARY PARTIES RESPONSIBILITIES Client Responsibilities Software / Hardware Infrastructure Customer Testing SunGard Responsibilities BACKGROUND SPECIFICATIONS 1.0 2.0 3.0 4.0 Configuration Feature Functionality Error Handling System Rules 1 2 2 2 2 2 2 3 3 3 3 4 5 5 6 6 7 8

REQUIREMENTS AND ASSUMPTIONS PRICING INSTALLATION CONTRACT TERMS PROJECT AUTHORIZATION

Page i

Non-Disclosure Statement
SunGard Public Sector 4000 OSSI Court High Point, NC 27265 Phone: 336.885.0911 Web site: www.sungardps.com This document, as well as the software described in it, is furnished under license and may be used only in accordance with the terms of such license. No part of this document may be reproduced in any form or by any means, stored in a database or retrieval system, or transmitted in any form or by any means, without prior written permission of SunGard Public Sector. This statement of work is protected by copyright law and contains proprietary information and confidential trade secrets belonging to SunGard Public Sector Inc. This proposal is furnished and accepted on the express condition that portions of it shall not be duplicated or disclosed, in whole or in part, except to your staff and agents when necessary for evaluation purposes, without prior written consent of SunGard Public Sector Inc. Those confidential portions include, but are not limited to, pricing and software design specifications. Copyright 2001-2013. All rights reserved.

Page ii

Executive Summary
OCEAN CITY POLICE DEPARTMENT (Customer) has requested that SUNGARD PUBLIC SECTOR INC. (SunGard) provide a written quote and Scope of Work (SOW) ordering SunGard to undertake the application software modification project more fully described herein (also referred to as work or project or implementation). The purpose of this document is to provide a written SOW for this project that defines all SunGard deliverables, criteria for acceptance, resulting annual maintenance, hardware and infrastructure requirements, implementation schedule and other implementation considerations. Items, features or functionality not specifically included in this document shall be considered outside of the SOW. Any future change will require a written Change Order approved by both parties, shall be subject to additional charges, and will likely have an impact on the implementation schedule. Change Orders shall not delay the implementation, acceptance, or payment in full of the accepted base functionality proposed within this document. Please refer to the Section entitled, Parties Responsibilities which documents each partys responsibilities, any project dependencies and other important related issues. SunGard is providing the implementation services related to the application software only to meet the specifications contained in this SOW. All other components required for a successful implementation are the responsibility of the customer.

Page 1

Parties Responsibilities
Client Responsibilities
Software / Hardware
The Customer is responsible for providing the following: 1. All equipment, system software and other components to meet the needs of this project. 2. All required hardware, cable and connectors and personnel to facilitate installation thereof.

Infrastructure
The customer shall assign a full-time primary System Administrator (SA) and a backup System Administrator. This primary System Administrator will be SunGard's contact for all operational issues that require SunGard support. In addition, the Customers System Administrators shall provide first line support to their own users for all application software.

Customer Testing
Customer agrees to participate in a test period requiring Customer to test functionality outlined in the SOW. In addition, Customer understands that the customer test release version may also contain other new and unrelated development items that are also in a customer test stage.

SunGard Responsibilities
1. Provide the Customer with a detailed SOW for the proposed work. 2. Deliver related application software/utilities to meet the specifications agreed upon in the detailed SOW. Provide a project manager and assigned staff for the project. 4. Provide a Quality Assurance Representative to serve as the point person for technical issues associated with this SOW.

Page 2

Background
Customer is requesting the ability to be able to enter multiple units in CAD for Self-Initiated (SI) calls. The purpose of this is to allow the dispatcher a fast and easy way to create a self-initiated call where multiple units are responding.

Specifications
SunGard will provide the following to meet the needs of the customer:

1.0

Configuration
1.1 A new Self-Initiated Multi-Unit switch will be added into System Options/PreferencesSystem SettingsWindows which will enable the new selfinitiated call form and the enhanced functionality and logic for the SI command. The switch will not be enabled by default. If the switch is enabled, it will work for all agencies configured in CAD.

1.2 1.3

2.0

Feature Functionality
2.1 A new self-initiated event form will be developed that will display when the switch in section 1.1 is enabled. This form will differ from the existing form in the following ways: 2.1.1 2.1.2 The Unit# field will no longer be a picklist field. The Unit# field will allow the dispatcher to add as many units to the selfinitiated event as they wish. Multiple units will be entered by being space delimited in the Unit # field.

2.1.3

Page 3

Example of Modified form (sample only final version may differ in appearance)

2.2

The SI command from the command line will be modified in the following ways: 2.2.1 2.2.2 The SI command will accept multiple units. Multiple units will be entered by being space delimited on the command line. (see example below)

2.2.3

There will be no limit to how many units can be entered before the SI command.

3.0

Error Handling
3.1 Existing error handling will also be used for the enhanced SI form and SI command. The error handling will include the following: 3.1.1 3.1.2 3.1.3 Command line error resolution form will appear for each invalid unit. Current Preempt message will appear for each unit that is already on a call. Current Add Unit notice will appear for each unit not on duty.

Page 4

4.0

System Rules
4.1 4.2 The first unit entered on the line will always default to the primary unit. Every unit will be entered with the same status. The default status is DA (Dispatched &Arrive). Selecting the Enroute checkbox on the SI form will enter all the units as E (Enroute).

Requirements and Assumptions

1. Functionality not specifically listed in this SOW is considered to be out of scope. Additional functionality may require additional development funding. 2. SunGard reserves the right to make final cosmetic and functional design changes necessary to meet the objectives outlined in this SOW and to preserve current functionality within the product 3. This modification is only for CAD and does not apply to SI calls generated from an MCT. 4. This feature is only being added to OneSolution CAD. 5. Example screen shots are for reference purposes only. Final version of screens may differ.

Page 5

Pricing
SunGard will perform its responsibilities under this SOW for a one-time fee of $10,740.00 The above quote is exclusive of any tax or any travel & living expense which may be applicable. Pricing herein is valid for 45 business days after Customer has received this written SOW.

Installation
SunGard is proposing to deliver the files necessary to fulfill the functionality described in this SOW as part of the OneSolution CAD 10.7.1 Customer Test (CT) release version. Proposed delivery dates assume that this SOW is signed by an authorized representative of Customer and returned to SunGard no later than October 18, 2013. Failing to return the signed SOW by this date may result in this project being pushed to the next subsequent beta release.

Page 6

Contract Terms
The project detailed within this SOW shall be governed by the existing Contract and Agreement between Customer and SunGard plus the terms below which shall supersede any conflicting terms in the Contract and Agreement. As applicable for certain customers, the term Contract and Agreement is defined as the Software License & Services Agreement and the Licensed Program Support Agreement between the parties hereto. 1. SunGard is the sole owner of the Source Code, design specifications and associated documentation herein which relate to SunGards Licensed Programs and which constitute the proprietary information and trade secrets of SunGard and are protected under the terms of the Contract and Agreement. 2. No warranty is provided for any product or service provided herein. If applicable, any code created hereunder will be licensed to Customer under the terms of a separate addendum to the Contract and Agreement. 3. SunGards liability for damages to Customer for any cause whatsoever under this SOW, regardless of the form of action, is limited to the total amount of fees paid by Customer under this SOW. In no event will SunGard be liable for any consequential, incidental, or special damages even if SunGard has been advised of their possibility. 4. Unless otherwise specified herein, payment terms are: 50% due upon execution hereof and 50% due upon completion. Travel and living expenses are in addition to the prices quoted herein and will be invoiced as incurred and shall be governed by the SunGard Corporate Travel and Expense Reimbursement Policy. Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately 5. If mentioned in the Pricing section above, optional maintenance is available for the software application code created herein, provided Customer has paid the annual maintenance fee. Maintenance of any software application code created hereunder is not mandatory for continuation of the license. Any maintenance services shall be provided under the terms and conditions related to maintenance and Support Services in the Contract and Agreement. The initial term of maintenance, to be paid in advance, begins upon execution of this SOW and extends for a twelve (12) month term. Subsequent terms of maintenance will be for twelve (12) month periods, commencing at the end of the prior support period. 6. Preprinted conditions and all other terms not included in this SOW or in the Contract and Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto, shall control unless expressly accepted in writing by SunGard to Customer.

Page 7

Project Authorization
SOW: # 3958 SCR: # 2013-3597 Title: Allow Multiple Units on Self-Initiated Calls As an authorized representative of Customer, I hereby agree to the terms of this SOW including all project specifications, party responsibilities, and pricing.

For: Ocean City PD

Printed Name

Signature

Date October 1, 2013 Date

SunGard Public Sector Inc. Scott Panacek Printed Name

Signature

Page 8

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 5. CONSENT AGENDA C. Request Approval to Rebid Roof Replacement and Restoration Project

TOWN OF

The White Marlin Capital of the World

Agenda Item # 5C Council Meeting TO: THRU: FROM: RE: DATE: November 4, 2013

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell Senior Project Manager Request Permission to Receive Sealed Bids for the Public Safety Building & Vehicle Maintenance Building Roof Replacement / Restoration. October 29, 2013

ISSUE(S):

Receive Sealed Bids for the Public Safety Building & Vehicle Maintenance Building Roof Replacement / Restoration. Request permission, from the Mayor & City Council, to receive sealed bids at the November 26, 2013 Work Session for the Public Safety Building & Vehicle Maintenance Building Roof Replacement / Restoration Project. The Bid is for the installation of the Pre-Purchased Roofing Materials was approved on September 16, 2013. The funding for this project is included in the upcoming Bond Issuance. Proceed with the proposed bid opening on November 26, 2013. None Dean Dashiell Senior Project Manager Hal Adkins Director of Public Works None

SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 5. CONSENT AGENDA D. Request Approval to Solicit Bids for Northside Park Pier Deck Replacement

TOWN OF

The White Marlin Capital of the World

Agenda Item # 5D Council Meeting TO: THRU: FROM: RE: DATE: November 4, 2013

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Dean Dashiell Senior Project Manager Receive Bids at the Department Level for the Re-Decking Labor at the Northside Park Pier October 29, 2013

ISSUE(S):

Receive Bids at the Department Level for the Re-Decking Labor at the Northside Park Pier. Request permission, from the Mayor & City Council, to receive bids at the Department Level for the Re-Decking Labor (only) at the Northside Park Pier on December 6, 2013. Those Bid results will be brought before the Mayor & City Council for formal approval at the December 16, 2013 Regular Meeting. The funding for this project is included in the FY 2014 Park & Recreation Budget. Proceed with receiving the bid at the Department Level on December 6, 2013. None Dean Dashiell Senior Project Manager Hal Adkins Director of Public Works Tom Shuster Director of Parks & Recreation Calvin Ginnavan Superintendent of Parks None

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 5. CONSENT AGENDA E. 3-Year Private Event Approval Request for Pigs on the Beach September 26, 2015

2336

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5E November 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator 3-Year Private Event Approval Request for Pigs on the Beach October 28, 2013 Request for approval of annual Pigs on the Beach event to take place on Saturday, September 26, 2015. This is an annual motorcycle ride on the Boardwalk beginning at 22nd Street and ending at North Division street. This went to Council on September 16, 2013. At that time, Council asked staff to review again, due to the fact that Sunfest would be taking place on that same date and time, and Boardwalk trams would begin operations that morning at 10:00 am. The applicant has agreed to start their event at 9:30 am on September 26, 2015, instead of the requested 10:00 am. The event would be completely off the Boardwalk before 10:00; therefore, not interfering with Boardwalk tram operations.

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures. Approve the event as presented. No staff alternatives suggested. Lisa Mitchell, Private Event Coordinator All appropriate departmental staff has reviewed and the event has been coordinated with the OCPD. 1) September 2015 Calendar 2) Cover Sheet

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT (S):

September
Sun Mon 1 Tue 2 Wed 3 Thu 4 Fri 5 Sat

10

11

PE 911 Parade of Brothers

12

13

14

15

16

17

18

19

20

21

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24

Sunfest PE Sunfest Kite Fest

25

Sunfest PE Sunfest Kite Fest

26

Sunfest PE Sunfest Kite Fest PE Pigs on the Beach - TENTATIVE

27

Sunfest PE Sunfest Kite Fest

28

29

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2015

Ocean City Special Events Private Events

Name of Event: Pigs on the Beach Date of Event: Saturday, September 26, 2015 Application Fee Paid: Yes Total Cost to Town: No foreseeable costs Date Application Received: August 28, 2013 Date Returned from All Departments: September 9, 2013 New Event: No

Things to Note: This event is an annual ride on the Boardwalk from 22nd Street to North Division Street (or another, more preferable, exit on the south end), and then over the Route 50 Bridge and out of town. Approximately 50 motorcycles and 75 people will take place in this ride. The Boardwalk ride will begin at 9:30 am and last about 20-minutes. (This is 30 minutes early than usual due to Sunfest beginning at 10 am). Event organizer requests one (1) police car to lead the parade of motorcycles. While this event was already approved for 2014, the applicant is requesting event approval for 2015. Comments from Department Representatives: OCPD Will provide officers from patrol to lead and follow the group. Request they exit at North Division Street. Sunfest will be taking place this same day, but with Pigs on the Beach starting a half hour earlier than normal, the events will not overlap. PUBLIC WORKS Requests the riders exit the Boardwalk at North Division Street. RISK MANAGEMENT All riders must have current insurance. TOURISM, FIRE MARSHAL, OCBP, EMERGENCY SERVICES, OCCC, TRANSPORTATION, and REC & PARKS No comments, concerns or costs.

Date on Council Agenda: November 4, 2013 Event Approved or Denied: Other:

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Remarks from Ron Pilling on behalf of 2nd Annual Out of Darkness Walk

TOWN OF

The White Marlin Capital of the

Agenda Item # Council Meeting 6A Nov. 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Out of the Darkness Community Walk October 29, 2013 2nd Annual Out of the Darkness Community Walk The Jesse Klump Memorial Fund is a non-profit association for suicide prevention. Their second annual walk on the Boardwalk to raise money for and awareness of suicide prevention was held on September 28, 2013. Mr. Ronald Pilling, Director of the Jesse Klump Memorial Fund, would like to share a few highlights from this years event with the Mayor and Council.

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

Not applicable Not applicable Not applicable Lisa Mitchell, Private Event Coordinator Not applicable None

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS B. Private Event Approval Request for OC Beach to Boardwalk Half Marathon & 5K March 9, 2014

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6B Nov. 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Ocean City Beach to Boardwalk Half Marathon & 5K October 29, 2013 Request approval of the Half Marathon and 5K Dean Reinke, for the USRA Half Marathon Series, requests approval of the Half Marathon and 5K Races, to take place on Sunday, March 9, 2014. The Half Marathon will take place on the Boardwalk, Baltimore Avenue, Coastal Highway and the beach (please refer to the attached course). The 5K would take place completely on the Boardwalk and concrete pad. This first went to Council on September 3, 2013. Council had some questions for Mr. Reinke and tabled the request until Mr. Reinke could appear before Council.

ISSUE(S): SUMMARY:

FISCAL IMPACT:

Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures. Approve as presented. Refer to Mayor and Council Lisa Mitchell, Private Events Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with Public Works and the Police Department. 1) 2) 3) 4) 5) March 2014 Calendar Application Date Change Course Map Cover Sheet

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

March
Sun Mon Tue Wed Thu Fri Sat 1

10

11

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PE - OC Half Marathon TENTATIVE

PE - St. Patricks Day Parade PE Shenanigans 5K - TENTATIVE

22

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2014

Ocean City Private Events

Name of Event: Ocean City beach to Boardwalk Half Marathon and 5K Date of Event: Sunday, March 9, 2014 Date Application Received: February 7, 2013 Date Returned from All Departments: Things to Note: This event would be twofold. First, there would be a marathon that would take place on the Boardwalk, Baltimore Avenue, Coastal Highway, the beach, Inlet Lot, Pier and concrete pad. Second, there would be a 5K race that would take place on the Boardwalk and concrete pad only. The applicant requests the Town of Ocean City is a sponsor of the event, and waive all fees. The applicant is not requesting anything from the Town of Ocean City. August 26, 2013 Application Fee Paid: No Total Cost to Town: $4,450.32

New Event: YES

Comments from Department Representatives: Public Works Total cost to support this event is estimated at $3,526.32. Fire Marshal Will provide an on-duty EMS crew that will be available for 911 calls. Risk Insurance certificate must be submitted prior to the event. Must receive approval from the State Highway Administration. OCPD Will provide seven officers for approximately four (4) hours for an estimated cost of $924.00. Beach Patrol, Rec & Parks, Emergency Services, Transportation, Tourism, OCCC No comments or concerns.

Date on Council Agenda: November 4, 2013 Event Approved of Denied: Date Fees Received: Date Insurance Certificate Received: Date Permit Issued: Other: Amount: Beach Franchise Notified:

PRIVATE EVENT APPLICATION

Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE:

$100.00 For Profit Applicants, $25.00 Non-Profit Applicants
RETURN APPLICATION TO:
Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842 LMitchell@oceancitymd.gov

This is an application for use and is not a permit of use. No guarantee of availability or use is made or implied by the acceptance of the application and fee. This application is to be completed and forwarded to the Ocean City Special Events Department at least 90 days prior to the requested event. If an application is submitted less than 90-days prior to the proposed start date, a late submission fee of $100.00 will be assessed for both Non-Profit organizations and For-Profit promoters. A new application must be submitted annually for recurring events. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicants attention is directed to the accompanying information packet, entitled Private Event Application Guidelines. All questions on the application must be fully answered. Same as last year or similar comments are not acceptable responses. If a question does not apply, please write N/A in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.

A non-refundable application fee must accompany this document. $100.00 For-Profit Promoters and $25 Non-Profit Organizations
The minimum fee for City property usage is $150 per day for For-Profit promoters and $25.00 per day for Non-Profit organizations. For beach use this fee is applied per ocean block, per day. Races/runs/walks on the beach do not require a per block charge. Set-up and breakdown days are also subject to this fee assessment.
Ocean City Half Marathon 1. TITLE OF EVENT: ________________________________________________

2. IS THIS A NEW EVENT? ____Yes______________________________________

Page 1 of 9

3. DATE(S) OF EVENT. IF THIS IS A REQUEST FOR A 3-YEAR APPROVAL OR 3-YEAR APPROVAL CONTINUANCE PLEASE PROVIDE THE EVENT DATES FOR THE NEXT 3-YEARS: __ 4. STARTING & ENDING TIMES OF EVENT: __8 am start, noon end 5. PROJECTED SET-UP DATE (S) & TIMES: _ 6. PROJECTED CLEAN-UP DATE (S) & TIMES:__ _____________________________________________________________________ 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANTS NAME: __Dean Reinke 9. ORGANIZATION 10. MAILING REPRESENTING: _1531 Dale _USRA Ave., Half Winter Marathon Park, FL Series 32789 _____________________________________________________________________ ADDRESS: _____________________________________________________________________ 11. WORK PHONE: 407-310-6373___ HOME PHONE: ________ FAX: _407-599-0766_________ EMAIL: _dreinkesports@msn.com___________ 12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH DOCUMENTATION? ____________________________________ IF NOT, WHY? _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR, IF DIFFERENT THAN APPLICANT: ____Demo Reinke 14. LOCAL ADDRESS OF COORDINATOR, IF DIFFERENT THAN QUESTION 10: _____________________________________________________________________ 15. COORDINATORS CONTACT INFORMATION IF DIFFERENT THAN QUESTION 11: HOME: ____________________WORK: _________________ FAX: ____________________________ CELL: __________________________ E-MAIL ADDRESS: usrahalf@gmail.com OTHER: _____________________________________________________________

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16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: _____ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Please attach additional pages to the back of this application 17. WHERE WILL THE EVENT HEADQUARTERS BE LOCATED? ______________ _____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? __No_______________ IF SO, WHERE? __________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT (Include location, process, etc.): Will have all supplies in back of UHAUL truck and unload them on course and SIF area_____________________________________________________________ _____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED

DIAGRAM AND DESCRIBE HERE: Yes _____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: _There will be structures around the finish line separating spectators from participants.__________________________________________________________ ____________________________________________________________________ 22. DESCRIBE _Parking ANY if SPECIAL around PARKING/TRAFFIC the NEEDS OR area CONSIDERATIONS (Be aware that additional charges may be assessed.): ____ start/finish _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________

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23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? ____________ IF SO, WHAT TYPE? __________________________________ _____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? ____________________________________ _____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING GARBAGE AND RECYCLABLES? _Trash will be picked up and disposed of in a dumpster. Trash will be collected by race personel______________________________________________________________ _____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ________________________________ __Toilets will be available all along course._______________________________________________________________ _____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________ _____________________________________________________________________
N/A N/A _____________________________________________________________________ Rain or shine, event will happen

28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): _______________________________________________________ Food and refreshments will be provided as part of race._________________________________________________________________ _____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT
Yes

FEES,

CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ______________

Local non-profit IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________

_____________________________________________________________________ _____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: Medals to all half marathon finishers. Awards to 1st place in 14 different age groups._________________________ ____________________________________________________________________

N/A

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31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? ___No____________

Please forward a copy of the approved One Day Raffle Permit to the Private Events Coordinator.

No 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

Please forward a copy of the approved Tent Permit from the Office of the Fire Marshal to the Private Events Coordinator.

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? _No___________

Please forward a copy of the approved Air Support/Air-Inflated Structures Permit to the Private Events Coordinator.

No 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

Please forward a copy of the approved Bonfire Permit to the Private Events Coordinator.

No 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

Please forward a copy of the approved State of Maryland Fire Marshal Fireworks Permit to the Private Events Coordinator.

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? ________ IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.): __________________________ _____________________________________________________________________ _____________________________________________________________________
Please forward a copy of the approved One Day Alcohol Permit to the Private Events Coordinator.

37. EXPECTED NUMBER OF PARTICIPANTS: ___400________________________

200 38. EXPECTED NUMBER OF SPECTATORS: ________________________________

39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _____________________________________________________________________ _____________________________________________________________________ 40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM THE TOWN OF OCEAN CITY (A refundable damage/repair bond of $100.00 is required for each major end-item borrowed from the Town of Ocean City): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

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41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) COPY TO THE BACK OF THIS APPLICATION.
MDOT Highway Permit to the Private Events Coordinator.

HAVE YOU ALREADY

OBTAINED TIS PERMIT? __yes______________IF SO, PLEASE ATTACHED A

Please forward a copy of the approved

42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: ______________ DESCRIBE: ______________________ _Palm Coast, FL Jan 2011-2013, Lake George, NY Apr 2011-2013, Worcester, MA June 2010-2013, Council Bluff, IA May 2009-2012. 60+ events, 15 years since inception of USRA in 2009_________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT (Please read and comply with the Town of Ocean Citys sponsorship policy. The application will not be approved without sponsors. If no sponsors, please state No Sponsors in area provided below.): ______City of Ocean City _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS
. APPLICATION: ______________________________________________________

_____________________________________________________________________ _____________________________________________________________________

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46. PLEASE ATTACH A DETAILED DIAGRAM OF THE EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. IS DIAGRAM INCLUDED WITH APPLICATION? YES____ NO__XX_____
An event diagram MUST be included for an event to be considered.

INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant shall obtain, at the applicants own expense, general liability insurance coverage, which shall include coverage for personal injury in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insured, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE AND ADDENDUM: ___________INCLUDED WITH APPLICATION ___XX_______TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT COCA-COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Towns agreement with Coca-Cola Refreshments as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Coca-Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. The permitted beverages include Coca-Cola, Diet Coke, Sprite, Pibb Xtra, Mello Yello, Fresca, Nestea, Arizona Tea, Honest Tea, Barqs Root Beer, Fanta, Minute Maid, Seagrams Ginger Ale, PowerAde, V-8 Juice, Fuze Juice, Monster, Tum E Yummies, Dasani and other products that Coca-Cola may provide in accordance with its agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE______________ Page 7 of 9
Signature on file 2/5/2013

MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time.
Signature on file 2/5/2013 APPLICANTS SIGNATURE___________________________DATE_______________

LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code.
Signature on file 2/5/2013 APPLICANTS SIGNATURE___________________________DATE_______________

HOLD HARMLESS CLAUSE: Permitee (organization/applicant) shall assume all risks incident to or in connection with the permitee activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitee activity or the conduct of Permitees operation. Permitee hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitee activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitee or its officers, agent and employees.
Signature on file 2/5/2013 APPLICANTS SIGNATURE___________________________DATE_______________

PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for the private event described in this application agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition.

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The applicant agrees to abide by all provisions of the private event permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements.
Signature on file 2/5/2013 APPLICANTS SIGNATURE___________________________DATE_______________

Page 9 of 9

Ocean City Beach to Boardwalk Half Marathon & 5k

Information Kiosk Start/Finish

Bo

ar

dw al

Half Marathon 5k

Be

ach

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 6. MISCELLEANEOUS REPORTS AND PRESENTATIONS C. Private Event Approval Request for Ocean City Beach Blitz Soccer August 23, 2014

TOWN OF

The White Marlin Capital of the

Agenda Item # Council Meeting 6C Nov. 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Event Coordinator Ocean City Beach Blitz Soccer (Formerly Soccer Resort Beach Tournament) October 29, 2013 Request approval of the Ocean City Beach Blitz Soccer for August 23, 2014 This event is a one-day adult and youth beach soccer tournament on the beach from north of Dorchester Street to 2nd Street originally scheduled for August 24, 2013. Council previously approved this event on May 6, 2013; however, the applicant felt he did not have enough time to properly promote the event and cancelled/postponed it. He is requesting approval to reschedule for August 23, 2014. Potential positive economic impact from lodging, food and beverage, recreation and other incidental expenditures related to this event. Approve the event as presented. No staff alternatives suggested. Lisa Mitchell, Private event Coordinator All appropriate departmental staff has reviewed, and the event has been coordinated with Public Works and Beach Patrol. 1) August 2014 Calendar 2) Cover Sheet 3) Application

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

August
Sun Mon Tue Wed Thu 1 Fri 2 Sat

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PE OC Beach Blitz Soccer - TENTATIVE

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2014

Ocean City Private Events

Name of Event: Ocean City Beach Blitz Soccer

New Event: YES

Application Fee Paid: Yes Total Cost to Town: No foreseeable costs

Date of Event: Saturday August 23, 2014 with a rain date of Sunday, 24, 2014 Date Application Received: September 23, 2013 Date Returned from All Departments: October 14, 2013 Things to Note: This event would consist of a 1-day adult and youth beach soccer tournament. Event would take place from 8 am until 8 pm. Event set-up would take place on the Friday before the event. Breakdown would take place directly after the events completion. Location of the event would be on the beach north of Dorchester St. to 2 nd St. Event organizer would like to utilize two (2) small tournament tents with a PA system for announcements. Event organizer would like space for about 400 attendees to park their vehicles. Event organizer would provide port-o-lets for their participants. Expected number of participants is between 200-400. As of right now, there are no sponsors for this event.

Comments from Department Representatives: RISK MANAGEMENT Insurance certificate must be submitted prior to the event. Ensure the courts are far enough away from the Boardwalk so no soccer balls are kicked into pedestrians on the Boardwalk. FIRE MARSHAL Tent permit must be obtained form the Office of the Fire Marshal. REC & PARKS Event-specific items may be sold. Walk-through areas for beach access are recommended. Beach stand franchises must be notified. OCPD Notify the affected shifts of the event. OCBP It is imperative that as beach events set-up they do not interfere with the normal patrolling of the beach for safety. Must set-up at least 30-feet off the eastern most edge of the Boardwalk to allow OCBP vehicles to enter, exit and traverse the beach. Must also establish east to west lanes so OCBP may move from the back of the beach to the waters edge. The eastern most field should allow for a buffer zone between game play and the beach patrons who are using the beach so that an out of bounds ball does not strike an unsuspecting patron. Event organizer must take responsibility to keep these areas open and keep the event spectators from setting up in these areas. The southern most field should set-up north of the Dorchester Street beach access so the event does not interfere with emergency beach access. PUBLIC WORKS Soccer events take a large area of beach for their use that eliminates Public Works ability to maintain or clean the beach properly. Trash generated by participants is a big issue with these events and must be addressed if approved. The organizers must be responsible to collect trash and maintain the cleanliness of the beach area they are given no excuses, no exceptions. Event organizer must be onsite during entire event. Vehicles on the beach should be limited, monitored and closely controlled as far as times. Port-o-lets should not be needed. Some soccer fields are directly in front of the new stage/bandstand being built at Caroline Street. The fields cannot interfere with any Town events that may be going on at this location. Lastly, a substantial performance bond should be required as part of the event approval. So if the event organizer fails to meet their obligations, the funds would be available to pay for any needed services. OCCC, EMERGENCY SERVICES, TOURISM, TRANSPORTATION No concerns or comments.

Date on Council Agenda: November 4, 2013 Event Approved of Denied: Other:

Date Applicant Notified of Meeting:

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2013-14 to Amend Chapter 110 Entitled Zoning (revises language to clarify parking space requirements for restaurant use within shopping centers)

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 9A November 4, 2013

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Second reading ordinance amending zoning code October 23, 2013 Ordinance to amend Zoning Code 110-932, Minimum number of spaces Second reading of Code amendment discussed at the October 7 regular session. The ordinance revises language to clarify parking space requirements for restaurant use within shopping centers. It does not change the calculation process. Not applicable Pass ordinance. Do not pass. R. Blaine Smith, Planning & Zoning Assistant Director Kay Stroud, Zoning Analyst Planning and Zoning Commission Matthew Margotta, Planning & Community Development Director Ordinance 2013-14

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:

COORDINATED WITH: ATTACHMENT(S):

First Reading _______________________ Second Reading _____________________

ORDINANCE 2013-

AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY, AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 110-932(b)(22), AS FOLLOWS: Sec. 110-932. Minimum number of spaces. ... (b) The spaces required per basic measuring unit for each use or use category shall be as indicated below, with such additional requirements as may be noted: ... (22) Shopping centers, shopping plazas, retail stores, personal service establishments and convenience food stores greater than 5,000 square feet of gross floor area: a) One space per 225 square feet gross floor area, except for movie theaters, which shall comply with the parking requirements as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center: i) If these establishments, individually or in total, comprise 25 percent or less of the gross floor area of the shopping center, the parking requirement shall be that for shopping centers; ii) If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for the floor area in excess of the 25 percent as set forth in subsection (20) hereof. The parking calculation shall be computed for the retail and eating and drinking establishments separately and then combined. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on October 21, 2013.

ADOPTED AND PASSED by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on November 4, 2013.

ATTEST:

_____________________________ KELLY L. ALLMOND, Clerk

_________________________________ RICHARD W. MEEHAN, Mayor

Approved as to Form:

_________________________________ LLOYD MARTIN, President

_____________________________ GUY R. AYRES, III, Solicitor

__________________________________ MARY P. KNIGHT, Secretary

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. First Reading - Ordinance to Amend Chapter 110 Entitled Zoning (to change the definition of building height)

36

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 9B November 4, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kay Stroud, Zoning Analyst First Reading - Code Amendment to Article I, Section 110-2. Definitions October 22, 2013 Consideration of ordinance to amend Article I, Code Section 1102 Definitions Building, height of. The current definition of building height reads The vertical distance from grade to the highest point where the exterior walls meet the roof at the top plate. The area above the maximum building height (attic) shall not be used for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof unless otherwise permitted within district regulations. The new definition recommended creates a specific benchmark for measurement. The vertical distance from base flood elevation or two feet above grade, whichever is greater, to the highest point where the exterior walls meet the roof. Also, the end of the last sentence is recommended to be amended as unless otherwise specified. The Planning & Zoning Commission held a public hearing on Tuesday, October 15, 2013 to consider staff recommendations and favorably presents this code amendment as an emergency ordinance due to the change of market conditions.

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENTS:

None Planning & Zoning Commission recommends approval of amendment as an emergency ordinance. Further amendments, denial of request or pass for second reading. R. Blaine Smith, Assistant Director, Planning & Zoning Kay Stroud, Zoning Analyst Matthew G. Margotta, AICP, Director, Planning & Community Development 1) Transcript with cover 2) Recommendation 3) Draft Ordinance

First Reading _______________________ Second Reading _____________________

ORDINANCE 2013-

AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY, AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 110-2 DEFINITIONS AS FOLLOWS: For the purpose of this chapter, the following definitions shall apply: Building, height of. The vertical distance from base flood elevation or two feet above grade, whichever is greater, to the highest point where the exterior walls meet the roof. The area above the maximum building height (attic) shall not be used for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof unless otherwise specified.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on November 4, 2013. ADOPTED AND PASSED by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on ____________________, 2013.

ATTEST: _____________________________ KELLY L. ALLMOND, Clerk _________________________________ RICHARD W. MEEHAN, Mayor

Approved as to Form:

_________________________________ LLOYD MARTIN, President

_____________________________ GUY R. AYRES, III, Solicitor

__________________________________ MARY P. KNIGHT, Secretary

RECOMMENDATION TO MAYOR AND CITY COUNCIL TO AMEND ARTICLE I CODE SECTION 110-2 DEFINITION OF BUILDING HEIGHT File PZ #13-14100001 ****************** On Tuesday, October 15, 2013, the Planning Commission continued a public hearing to consider amending Code Section 110-2, Definitions: Building, height of. The vertical distance from base flood elevation or two feet above grade, whichever is greater, grade to the highest point where the exterior walls meet the roof. The area above the maximum building height (attic) shall not be used for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof unless otherwise specified.

The Planning Commission initiated this amendment. There were no comments from the public concerning the proposal. The Planning Commission reviewed the current ordinance and listened to testimony from Zoning Administrator Blaine Smith as to how building height is currently calculated by grade which is measured by the crown of the road, and how this clarification would create a specific benchmark for calculation of building height. At the conclusion of the meeting, the Commission voted unanimously (6-0) to forward the recommendation as an emergency ordinance. For your information, the transcript of the public hearing is also included. /ks

PLANNING AND ZONING COMMISSION September 4, 2013

PRESENT Pam Buckley John Staley Peck Miller Lauren Taylor Joel Brous Chris Shanahan

IN ATTENDANCE Blaine Smith Kay Stroud Matt Margotta Terry McGean Kevin Gregory

This meeting of the Planning and Zoning Commission was held on Wednesday, September 4, 2013, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson, called the public hearing to order. BUCKLEY: Its the start of our first public hearing, and the first one is to amend, consider amending Article I, Code Section 110-2 Definitions, building, height of. The vertical distance from base flood elevation to the highest point where the exterior walls meet the roof. The base area above the maximum building height (attic) shall not be used for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof, unless specified otherwise within regulations. The applicants, Planning and Zoning Commission File #13-14100001. Prior to any public hearing, the Commissioner needs to ask if theres anyone in attendance who has an objection to the, anyone on the Commission sitting and taking part in this public hearing. Let the record show there is no objection to us taking part. We will have the introduction of the case by Mr. Smith, and you will be sworn in. GREGORY: Do you swear and affirm under the penalties of perjury that you shall give will be the truth, the whole truth and nothing but the truth? SMITH: I do. It was back in January of this year that we brought the matter to the Planning Commission on whether or not we consider how we measure building height and whether or not we would consider base flood elevation as the measuring point versus grade, and grade in current zoning code is from the crown of the street mid-way of the property; and if youre between two street, you would take the average grade of those two street at mid-way of the property so there would be an average measuring point as a benchmark to establish building height. Otherwise, the requirements are pretty much the same we would measure from a benchmark, but it would not be grade, it would be from base flood elevation. And I believe you all were receptive and you made a motion and second to move it forward to public hearing. Sometimes haste makes waste, in this case I think it might be an advantage that weve waited this long to get it back to you all. Some things are evolving, and theres probably other reconsiderations, and whether or not you want to continue the public hearing or not is something, and Terrys still here as well, because when you deal with the term base flood elevation, there are some variables going about right now that may not make it a simple matter that one size fits all. Weve found its going to become complex under new flood maps and we did not know that back in January; nor did we know it really when we made the advertisement, and it was Terrys aide that brought it up a few days

ago that these maps have areas that have no base flood elevation, which I found surprising, but, Terry can explain more about that, and what some of the remedy might be, because we still believe its a valid consideration that street grade is not necessarily the best measuring point. Historically, and Im going to go back to 1970, through the 1980s. In 1970s grade was exactly what it was, it was finished grade of the property, and even in the days of the high-rises being built, there were a certain number of properties that piled the dirt up on the property to get more building height because they were measuring from finished grade. I dont know all the examples, but I know a few examples where that was done, and as you might recall, there were a lot of issues with basement situations, because a basement by zoning code definition and by many building code definition is one that when has one-half of its height below grade, it doesnt constitute a story. So, there were other issues that were happening, and the FEMA regulations was trying to prohibit basement because of flood-proofing of buildings and things of that nature, so we almost outlawed basements. Now we are getting basement and we are getting different types of flood-proofing these days that FEMA will acknowledge, so some of those issues have been overcome to make the buildings meet the flood-proofing of buildings, you know, more appropriate these days, and one of those is even the term human intervention which is another terminology. But there are things that could be done and can be done that FEMA endorses, but our point is when we establish building height, and when you look at base flood elevation, which we believe is adequate to get the buildings up above base flood elevation, thats why I think we were considerate in saying lets use base flood elevation, because that was to everybodys advantage, to make these buildings more flood-proof by having them at higher levels. Hypothetically you could even look way ahead of that and say if in fact, sea level rise is a reality, yes, its better to have them up again. Because if you get them up above base flood elevation and sea level rise and things of that nature, you wont end up like Venice. You know, in time. But I dont think were faced with that really, but I do think we have found that there were issues on how we were measuring building height, and to accomplish building and all the amenity of buildings and its infrastructure. Between 1970 and the 1980s, we then went to grade elevation of the street. Initially, and I would say it was probably mid-60s, up until the mid-60s, we had changed building height to be 2 above grade, to establish building height, so we actually had what we now refer to some days as freeboard and it did start off, it was 2 above grade, and grade was defined as the street grade. And there were a few case, and the one that I can think of off-hand was called Contemporary I, about 140-some street, and they got a 6 story building and called it a 5 story building because of how the code said that if you parked under a building and its height was not more than 7 above grade, you werent constituting an additional story. So Mr. Goldstein built Contemporary I, Harry Kenny kept the ceiling of that no more than 7 above grade, which was 2 above the street, which gave him 9 to work with in effect, and still not be constituted a story. So we said, well thats another potential abuse, if you will, so we took, went back and revised the code to say that grade was in fact crown of the road, center-way of the property, so it was a fixed point, and you didnt have this margin to play around with, and thats how weve been since probably the mid to 1980s, late 1980s. And so how it has worked fairly well, and I think what we discussed at the prior meeting in January was in some instance to meet base flood elevation, meet your stormwater management with grade, grade of run-off, maintain a minimum height for parking under buildings be it for ADA and regular parking, and then not being able to take the top plate more than 50 above grade, it was crunching everything, so to meet the, the drainage and everything because it was being brought up and youre fixed up here and you wanted floor to ceiling heights and things of that nature, that there probably is some desire to give more design leeway

so you could accommodate the proper heights under buildings for parking, and we see that many times, you know, to build on sites, and still give them floor to ceiling height thats adequate. The other thing I would say from a departmental, the fire code looks at, when youre talking about 5 story, 50 height, any time you get higher than 50 above and Im going to go back to finished grade, the highest finished grade, or it might even be the lowest finished grade, because if you have to get down from the upper floor to the lowest finished grade that cannot exceed 50 otherwise you become mid-rise and you have to put more bells and whistles and fire-proofing of the stair towers, smoke evacuation and all that. So they measure off the floor of the upper level versus us measuring to the ceiling, which is where the top plate would normally meet the ceiling. So the Fire Marshals has got a little more leeway because theyre concerned where those people actually stand and when they exit. In some case, and Ill use Jettybreak as an example, they did recreation on the roof. Well now they have people higher than that fifth floor, so they constitute, they look at 50 as well. And Jettybreak, designed within one-half inch of 50 to the top of the roof, so when people are on that roof, they were less than 50 to that lowest grade. What they did, they almost dug a sump hole under the building to keep everything down, because they didnt have this design leeway, but again, that was for life safety purposes. This would not assist them in what they did because theyre going to measure from that physical upper level where people are to that lowest grade and thats no more than a 50 travel distance. So their term grade, finished grade, versus ours, has had a little bit of difference. Not necessarily conflict, but there is a difference for their purpose, and thats life safety. Where in our case, were looking at the profile of the building BUCKLEY: Exactly. SMITH: and the control points, the benchmark, and it still seems advisable that street grade is not necessarily the best way of doing it either. BUCKLEY: Okay, well let me ask you this, and Ill ask the attorney. If we dont have all the information at this point, cant we just table the public hearing, and get everybodys name and that MARGOTTA: Well readvertise. BUCKLEY: Yeah, I mean, if you dont MARGOTTA: Itll have to be readvertised. MILLER: Could I ask a question? BUCKLEY: Uh huh. MILLER: Youre saying that FEMAs changing the flood maps, can we do something? And tell me if its higher or lower but,go by the FEMA maps unless we go, or go by the grade of the road. TAYLOR: Well, and you said SMITH: The first thought was use this, base flood elevation, or grade, whichever is greater

MILLER: Right. SMITH: But theres some other issues BUCKLEY & MILLER: Okay. MARGOTTA: This ones on the (unclear) SMITH: Yeah. MARGOTTA: Terry, you can pipe in if you feel the need. The preliminary maps that were looking at, the FIRM maps are preliminary. They havent even gone through their first step towards being adopted other than weve received some advanced copies prior to a coordination meeting that happens later this month. That starts the 90-day, the mandatory 90-day appeal process. Talking with our co-workers over there in FEMA and whatever that are looking at these issues, they think its going to be 18 to 24 months before the map actually gets adopted. What will be brought up in staff, once we come to realize this, is that we didnt want to write an ordinance and then try to remember that maintenance-wise later on down the road, lets go ahead and write the ordinance to cover the fact that weve got some map changes coming. For gods sakes dont go into some conversation speculating what the maps going to be, but because I dont even know. And yes, they look a lot better, to me, than where they are currently. Basically a lot of the town upgrades or downgrades, depending on how you want to look at that, as far as its flood zone, what was in a V-zone now goes in an A-zone, a lot less requirements for flood risk manage-maintenance and mitigation, so the, and thats the expectation that it will continue through, but I dont think its got really any bearing on your decision tonight other than we didnt really catch it and we want to put some extra wording in there, it might be as much as a clause. We need some time to kind of do that and get our heads together, and thats what the staffs kinda telling you right now, but if you have some initial thoughts on, you know, either continuing with this idea of base flood, which we do like, or some other method of measurement, I think that would be helpful for us, were here, we can discuss that, but we do need some time to restaff this issue. MILLER: Yeah, one of the reasons we moved forward with this, and I think Laurens pretty much pointed all the time, but we want better buildings, and right now were at a time where there are going to be some buildings built, were seeing like one here in front of us MARGOTTA: Right. MILLER: and if this affects the, if we can build a better building, by changing something, I think it behooves us as a town to look at it now with the reality that theres something else coming at us. MARGOTTA: Um hm. MILLER: and thats, I guess thats my thought instead of tabling the whole thing, I would rather see better buildings, safer buildings, I mean weve talked about it all the way through.

BUCKLEY: Um hm, right. MILLER: if its possible, and the sooner the better, to be quite honest, because we are gonna, you know, period right now wheres going to be a lot of construction popping out the next three to five years. I mean, not tonight necessarily, but Im saying I think way sooner than BUCKLEY: I dont think I want to wait 18 months. MARGOTTA: No, no, its within a couple meetings, we BUCKLEY: Yeah. MARGOTTA: we got, weve already advertised for this, so we had to come here today, rather than pull it from the agenda, we thought it might be helpful to have some discussion BUCKLEY: Right. MARGOTTA: and at least bring you up to date on where we are, but quite honestly, whats before, Id rather give you something to make a decision on than speculate and you all try to figure it out yourselves its just simply technical stuff, and its probably going to be a clause thats added here, not too many words or anything. BUCKLEY: Alright, so I just say we table this for further information. TAYLOR: Untill the staff provides, yeah, further information. MARGOTTA: Do you want to be date certain? GREGORY: We would have to readvertise MARGOTTA: Yeah, I would want to readvertise anyway, just for public notice. BUCKLEY: So it, yeah, just, I just have to have a vote. GREGORY: See that puts us out, to get out the public notice thats required by the ordinance, that puts us out, you know, another, well out ahead of a couple meetings for you all, right? MARGOTTA: Um hm. SMITH: That would be two meetings from now to give us enough time to readvertise. MILLER: A month from now we could STROUD: It actually may be, Id have to look at the calendar, I dont think it could probably the 17th and the 1st, I think it might be like the 16th. That would be the third. SMITH: The first scheduled, that will make it work.

BUCKLEY: Okay, alright. So I can entertain a vote for that? TAYLOR: So moved. BUCKLEY: And a second by Peck. All in favor of tabling the public hearing? BOARD IN UNISON: Aye. BUCKLEY: (Gavel) So moved. MILLER: With bringing it back relatively quickly. TAYLOR: Blaine, a point of information for me, unless specified otherwise within regulations, what would that be? SMITH: Okay, if you remember, between 3rd Street and 15th Street, we created the R-3A building height to be no more than 3 story, and in doing that we created an incentive program that if you used a pitched roof not to exceed 9/12 pitch TAYLOR: Okay. SMITH: you could have living space in that attic. TAYLOR: Okay. SMITH: And there are a few other cases where, and you can do also in Montego Bay when we changed their criteria. There are times when attic space can be habitable, if you want to call it that, so those are the other specified times. BUCKLEY: Right, gotcha. TAYLOR: And didnt you have a problem with the Belmont roof because of the highest point where the exterior wall meets? MILLER: It was the shadow issue I think, was what we had, right? BUCKLEY: Right. SMITH: Yeah. And he had what we call a fabricated roof with our 12/12 pitch had a 50 ridgepole height. He made the, because the building was 100 broad, and it went up on a 12/12 pitch and made the ridgepole 50, and that was a deceptive shadow control, and so that this building will not cast a shadow greater than that building that was the model, because we changed that after that BUCKLEY: Right, right. SMITH: so that model, but then we, the first year it was built, and after it was built, and I think it was the June, the June shadow, we went out and measured it, and it was different than what was shown on the drawings. But it wasnt to the detriment of the project, but we couldnt figure, how did they even shorten it? And what we found it, it

took about a month to come to the conclusion, why it was so different. The design shadow had not taken into consideration Daylight Savings Time, the one hour difference, and when they went back and reapplied the Daylight Savings Time, it fell right in place, so it was, the product thats up there was correct, but its just that, because that Daylight Savings Time, when we went and physically measured it, there was a difference, and we couldnt figure out well how did that happen, especially to make it shorter, as it turned out, and then it was, the conclusion was it was because of that Daylight Savings Time, in their analogies. BUCKLEY: Okay. TAYLOR: Okay, moving right along. SMITH: But other than that, they did have the incentive and used that upper level and thats what youre speaking of. BUCKLEY: Okay, everybody understand? Were going to move on to STALEY: Item #2.

PLANNING AND ZONING COMMISSION October 15, 2013

PRESENT Pam Buckley John Staley Peck Miller Lauren Taylor Chris Shanahan Palmer Gillis

IN ATTENDANCE Blaine Smith Kay Stroud Will Esham

This meeting of the Planning and Zoning Commission was held on Tuesday, October 15, 2013, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson, called the public hearing to order. BUCKLEY: Its 7 oclock. Were going to open up the public hearing. To consider amending Article I, Code Section 110-2, Definitions Building, height of. The vertical distance between base flood elevation or two feet above grade, whichever is greater, to the highest point where the exterior walls meet the roof. The area above the maximum building height (attic) shall not be used for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof, unless otherwise specified. The applicant is the Planning and Zoning Commission, File #13-14100001. Prior to any public hearing, the chairman shall ask if anyone in attendance has or knows of any reason why a commissioner should not sit for this public hearing. Is there any objection to the six of us participating in this public hearing? STALEY: We hear a roar from the crowds. BUCKLEY: From the crowds, let the record show that there is no objection to the sitting commissioners. Okay, we will have the opening of the case by Mr. Smith. ESHAM: Under the penalties of perjury do you hereby swear to tell the truth and nothing but the truth? SMITH: I do. The Planning Commission had a previous public hearing and at the conclusion of that hearing, Matt Margotta, Planning Director, and myself explained that when the proposal was made that we were not familiar with proposed new FEMA maps, and we had gotten a glance of those maps just prior to that public hearing. And if they change as shown, there are going to be a number of places in Ocean City that may not have a base flood elevation. If theyre adopted by the Federal Government and the local states and so, with that awareness, you all tabled the decision and said go back and draw up new language that would be long-term, you might say, irregardless of what happened with the FEMA maps. BUCKLEY: Right. SMITH: Initially, the notion of following the base flood elevation was so that the building height would not be penalized because if you, if you have a raised a building with

parking under it, and you go from floor to ceiling, our current building height benchmark is the crown of the road adjacent to the property. And that goes to the top plate of the upper floor, and typically, in some zones, and Ill use Montego Bay as an example, its a 15 foot height limit; and in other zones, in the R-3A District, its a 35 height limit, in the downtown R-3A District. In the Downtown DMX District, its a 40 foot height limit, and some 50 foot height limits Baysides 50 feet, interior is 40 feet, Boardwalk is 50 feet, and we would have to measure from the crown of the adjacent roads, or the average of the adjacent roads that are in that area, and to hold you 50 foot height from the crown of the road, youve got that point and the crown of the road, everything has to be sandwiched in. And when you have the first floor elevation has to meet the base flood elevation and 2 foot freeboard, which were not asking that we forgive them on the freeboard, were only asking that we would measure off the base flood elevation as published on the maps, so theyre not penalized, so if you start measuring 50 feet from the base flood elevation, you get the full benefit of your 50 foot height. BUCKLEY: Okay. SMITH: Were not trying to rev it up to what we call the freeboard, because that was with the insurance program to get the 15% discount, so thats not the issue, thats not the penalty, if you will. But if we measure off base flood elevation, the other thing is that your streets vary from place to place, not that theres inequity or inconsistency, but it does vary more so than the base flood elevation as weve known it up til now. Water seeks its own level, if you will; so everybody is kinda coming off the same benchmark, where the streets might vary even from one blocks to two blocks up. So, I think for consistency, it makes it, well call it, more fair. More enforceable, more practical to work with, and theres no abuse factor potentially. I cant see where thered be any negative, and even if the building in fact goes up two feet, the plate height, because were now measuring off the base flood, were not going to turn the whole town into high-rise because that extra two feet doesnt become consequential. The Fire Marshal also measures to 50 feet from base, Im sorry, not from base, he measures from the lowest grade level adjacent to the building, whatever that might be, to the upper floor of the living space, he dont go to the plate height like I do. Ive got the whole 8 foot or 9 foot of wall height, if you will. He measures off the floor because the people that exit that building will exit from that level down to the grade, and thats where he has his 50 feet maximum above for ingress and egress purposes, should you go over that 50 feet from lowest grade elevation to that upper floor height, then you go into mid-rise high-rise and then youve got bells and whistles, smoke evacuation and all those kinds of things kick in. To give you an example where that did happen, in recent years, not too recent but, Jetty Break at 92nd Street, there about? BUCKLEY: Um hm, exactly 92nd Street. SMITH: Condominiumthe interior of that condominium is below 50 feet to grade, lowest grade, but they decided to put people on the roof for recreational purposes. And because thats a type of occupancy, they had to stay no more than 50 feet above the lowest grade to the top of that roof. By design, they had one-half inch to spare, literally. So they designed it that way from lowest grade. For building height, they came off the street grade, so you had street grade, and ceiling grade, unfortunately because of that inch or more, they almost had to create a sump underneath the building to cut the parking lot down, which was below street grade, to keep enough headroom height. It haunted them. It gets worse. So they did that, well now you cant do positive

stormwater management because youve made a hole with the sump, in the property. So, they did the best they could do. So to the east of them was an adjacent property, and so they cut the ground down about 18 inches is how they took it down those 18 inches, they cut it that far. Now theyve got a grade differential between their property and their neighbor, which means you have to build a retainer wall, down the lot line BUCKLEY: Um hm. SMITH: to retain those people. Well, when they had done their parking, we allow you to park right up to the lot line, well now theyve got this 18 inch, now they cant park at the lot line, so theyve lost 8 or 10 inches of their parking depth. One thing just got worse and worser. Now all that was to be able to put people on the roof, which is the Fire Marshal, and thats his baileywick and his enforcement, and thats what that was all about, it really wasnt about what were talking about right now. If they had not put people on the roof, it wouldve never been an issue. Now by us saying were going to raise the roof two more feet, hes going to come off the interior living space, and whether, thats under present day requirements, so, once you put people above 50 feet whether we change this or not, the Fire Marshal is going to employ what the Life Code Safety Codes with NFPA standards, so were not in conflict with that, one is just more stringent than the other if its not properly applied, and in that case, under current regulation its showing that it can already happen and did happen. MILLER: So this discuss, so now, if we dont have the right flood elevation, we work off of the two feet. SMITH: Two feet above the adjacent street. MILLER: And thats the way this codes going to read now. SMITH: Yep. MILLER: So we have a fall-back if we dont have the flood elevation SMITH: And there should be similarity, theres a lot of, weve had meetings with some FEMA reps, insurance companies, to understand why are they doing this. Well, whats happening is, I dont want to say something out of turn, but theyre dissolving a lot of the V-Zone, on the oceanfront. BUCKLEY: Right. SMITH: Some of that has come about as a result of the new dune and beach replenishment. GILLIS: Say that again, the first part of that, theyre dissolving what? SMITH: The V-zone and whats unique about it from what were being told and what weve seen is not necessarily in all case but in most case theres no V-Zone, but theyre not going to make it an A-Zone, which is even worse. A-Zone would probably be the right thing to do, but what were being told, all the scientific information that they have done with these flights of topos and everything

BUCKLEY: Right. SMITH: if its not, if it dont need to be a V-Zone, if it dont meet the criteria for an AZone, they dont make it an A-Zone. Its a No-Zone. BUCKLEY: It means theyre not gonna SMITH: They dont have to get flood insurance! BUCKLEY: Exactly, oh really??? SMITH: Uh huh! Meaning that this town is going to be BUCKLEY: Or it means that they wont, they wont be able to get flood insurance. SMITH: No, they can get it, but they wont be mandated to get it. MILLER: Like Fannie and Freddie, they mandated it. SMITH: You can still get it, but youre not going to be mandated to get it. MILLER: Um hm, V-Zone you dont have to, itll be No-Zone. SMITH: Yeah, No-Zone. GILLIS: Mandated by whom, the mortgagor or what? SMITH: Well, the mortgagor might require things like that, thats whos going to maybe bring it about. GILLIS: Whos the mandate? SMITH: The mandate for the A-Zone, V-Zone and all that is through FEMA. If there is that, but the fact theres going to be some No-Zones is what made this prompt. GILLIS: Wow. SMITH: And we still want to get our buildings built to base-flood elevations and get them flood proofed and all that BUCKLEY: I hadnt heard the V-Zone SMITH: so we can still, we can still get our requirements for stability of these buildings, but the insurance program is going to be looking at it differently. GILLIS: Well, if its not a lender, whos going to require flood insurance? SMITH: Thats, weve met just within a week or so ago, and thats the big question and its making it real complex, because the human nature is if I dont have to have it, Im not going to spend it.

GILLIS: So BUCKLEY: Theyll be without a house or property SMITH: And some properties on the oceanfront right now, literally, are spending hundreds of thousands of dollars to maintain their insurance programs. Unless its taken out completely, they may, they may not. BUCKLEY: Interesting. GILLIS: Wow. So, the taxpayers pay for the dune replenishment, make the dune, make it a No-Zone for a flood zone, as a result of that, the property owners not going to be required to have a flood, but in the event of a catastrophe, the taxpayers will have to pay for that again. SMITH: Well, New Jersey and New York might be an example. But thats all the V-, all that, I dont know the essence of all that BUCKLEY, MILLER: Right, lets just cover SMITH: But MILLER: The House Representatives and Senators figure SMITH: but when we vote the new definition BUCKLEY: About what? MILLER: Let our House and Senate figure that out. SMITH: when we vote the new definition referring to the flood elevation, thats good, where it exists, but if it, but for some reason it dont exist, its going to become a new ballgame, and the two feet above street grade still gives us that same margin we started with. BUCKLEY: Okay, okay. MILLER: I like that, I think thats what were going to, thats what we tried to get, have something to work off of if we dont have something to work off of. BUCKLEY: Yeah, right. GILLIS: And thats established by a flood certificate, not an elevation certificate. SMITH: Yes, it would be by survey. GILLIS: Its not discretionary. BUCKLEY: Right. Okay well go back to the point where, now the banks arent even asking for surveys any longer, thats craziness, in single-family stuff, anyway. They dont ask for an as-built survey now before they go to settlement. Ummm.

SMITH: And how we establish building height, this would function, and I believe that it would not, it would not create adverse condition that Im aware of. BUCKLEY: Okay. SMITH: Because were measuring off street grade right now and the whole notion was to be able to give them some margin for design freedom. MILLER: Which one is going to take precedent? SMITH: Whichever is the highest, it says whichever is the highest. GILLIS: Are we talking about life safety and built? MILLER: No, between flood, base flood or two feet BUCKLEY: Feet. MILLER: so its whatever is the highest. GILLIS: Okay. BUCKLEY: Whichever is the greater. MILLER: is that clear? GILLIS: Yeah, okay. BUCKLEY: You want, instead of greater, yeah, you dont want highest there. SMITH: Did I say which is, what did I say? BUCKLEY: You said whichever is greater. SMITH: Greater, yeah. Whichever is the greater of the two, we would measure off of that elevation. BUCKLEY: Okay. SMITH: To your advantage. MILLER: Greater, to the advantage of the, developer? SMITH: Um hm. MILLER: Okay, I mean, I just wanted just to make sure that that SMITH: Yeah.

BUCKLEY: Right now it states that the vertical distance between, the vertical distance from base flood elevation or two feet above grade, whichever is greater, to the highest point, where the exterior walls meet the roof. SMITH: Right. TAYLOR: Right. BUCKLEY: Is that understood by everyone? SMITH: And, and where the exterior walls meet the roof has been in the Code for a lot of years BUCKLEY: Right. SMITH: the other language that I put in there about the attic BUCKLEY: Um hm. SMITH: unless otherwise provided, theres two things that have happened in recent years that modified building height. Normally it says attic and nothing could go up there except for like mechanical systems and all that, no habitation BUCKLEY: Um hm. SMITH: but when we did the new height requirements in the R-3A from 3rd Street to 15th Street, we declared that the 50% of the attic space could be habitation, which is BUCKLEY: Yes we did. SMITH: which is in that above height requirement, and then we did Montego Bay with their 15 foot height. We allowed habitation in their attic space, so those are examples of otherwise, thats why we put that otherwise in there because it picks up the catch-all provision. BUCKLEY: Okay. SMITH: There are some areas that permit it where some dont. BUCKLEY: Alright, do the, does anyone in the audience have any questions for Mr. Smith? Is there anyone that would like to speak in favor or against? Let the record show that theres no one in the audience, other than our lovely newspeople, which they are lovely. Any other questions by the Commissioners? Mr. Smith has another comment. SMITH: Comment and I almost dread to bring this one up. BUCKLEY: Then dont. SMITH: Because well, Ill give it a shot.

BUCKLEY: Okay, go for it. SMITH: Recently I went in front of the Mayor and Council with your proposal to change parking in shopping centers for restaurants? BUCKLEY: Uh huh. SMITH: And I thought it was cut and dried, but it didnt end up that BUCKLEY: No? Ut oh. SMITH: This could be cut and dry, but it might not end up that way. I would ask, in your recommendation, that you would ask in your recommendation that they would do it as an emergency ordinance. There are projects right now that could, not just take advantage of it, but they could benefit by it, because theyre coming out of the ground and theyve not yet established their column heights and their foundation heights. BUCKLEY: Okay. SMITH: And if they had this advantage, it would help them with current projects. They have not asked for that, but I, I know theyve got a tight floor to ceiling criteria and the exact reason why we did this, I think theres a number of projects that could, weve got the new hotel at 33rd Street, weve got a new project at 57th Street, theres Mr. Fagers here, the restaurant down there just came in, all these projects could have proper base floor levels at advantage if this were done as an interim measure and whether the Council will consider it emergency or not, but I think because of some of those projects out there this could be beneficial if theyre willing to do that, otherwise MILLER: Were not gonna, were not gonna have to shrink the building to fit inside the envelope is what youre saying, yeah, I think its a great idea. SMITH: No, no. TAYLOR: I do too. MILLER: Yeah, lets BUCKLEY: Makes a lot more sense to me. SMITH: If we could implement I think thered be an advantage. GILLIS: Blaine, do you ever the opportunity for a designer, a creative designer to manipulate the highest point where the exterior walls meet the roof to make the roof go down farther to make the exterior wall lower to accommodate this design? Do you ever see that? SMITH: Ive got a, I went to school for architecture, and thats why we used the top plate as a control point, because whether youve got a flat roof or a sloped roof, that top plate controls you, regardless of how steep or how flat or whatever, that top plate is going to hold you where you need to be. The only that that we see, in Montego Bay, for example, is they do allow dormers, like Cape Cod design, so were still talking about the height

being at the top plate and youve got, theyre allowed to go to a 7/12 roof pitch, and they can have dormers provided the height of the dormer doesnt exceed the ridge line of the main house. So you can keep that down to a certain scale. Because they can occupy the attic space, but they cant increase the building height, and whether the roof comes down to a lower point, actually its going to penalize them. Because its the plate height thats going to control them. They can let that roof go down as far as they want, but theyre going to be at the plate height. They cant get the plate height up to get the roof up, because then theyve gone past their, whatever their, in that case 15 feet in Montego Bay, or any other district. I dont see how they can manipulate it and get away with it. They would be called on it. BUCKLEY: Okay. MILLER: Ive got something SMITH: But they will try. (Laughs) COMMISSIONERS IN UNISON LAUGH, COMMENT SHANAHAN: How do you convince the Council that this recommendation isnt a backroom conspiracy that they thought the parking regulation was? TAYLOR: What? I didnt hear that story, what was that? STALEY: Yep. BUCKLEY: Lets wait, lets get, okay. SHANAHAN: When the last thing came up, I guess Margaret and Brent had said STALEY: Yep, the SHANAHAN: they kinda bulls-eyed Peck, saying well, hes on the Planning Commission, obviously this will BUCKLEY: (gasps) SHANAHAN: something about his project at 67th Street, I mean its kind of a slap in the face to all of us I think, were just trying to improve STALEY: Yep. SMITH: I, I tried to explain it. I think why I may have failed. We did the change for parking and restaurants in shopping centers around 2007. It dated that far back, I dont think Peck envisioned this on that property at that time. It was after we wrestled with the outside dining and all this other stuff that we kept modifying it, and you know, and yet I dont think anything I said wouldve made any difference. Because its to benefit all the existing commercial properties and shopping centers that weve had to take to the Board of Zoning Appeals because they increased the amount of restaurant inside of shopping center. Its been an issue way before his project.

BUCKLEY: Right. SMITH: And its going to continue if we didnt clarify it. BUCKLEY: So what happened? SMITH: Well SHANAHAN: I just I just read it in the paper. BUCKLEY: It was tabled? STALEY: Yeah. SHANAHAN: I didnt think it was tabled, didnt they approve it? BUCKLEY: Oh they did? SMITH: Theyre going to have first reading on the 21st. BUCKLEY: Okay, alright, well then, lets move back to the subject of our public hearing. SMITH: Yeah. TAYLOR: I move we close the hearing. BUCKLEY: Alright, I have a motion to close the hearing. MILLER: Second. BUCKLEY: Second by Peck. All in favor? COMMISSIONERS IN UNISON: Aye. BUCKLEY: (gavel). Okay. Um SMITH: Do you want to suggest the emergency ordinance or BUCKLEY: Well, were going to be discussing that just now. SMITH: Oh Im sorry. BUCKLEY: Thats okay. SMITH: Im sorry, you just closed it. BUCKLEY: Thats okay. I think that we could probably discuss the, being an emergency just because were starting to see a change in the market. TAYLOR: Right.

BUCKLEY: That we want, that this is something weve been looking at for a while, and it would be TAYLOR: I mean, the whole point of this is for better projects, and better buildings, and BUCKLEY: Correct. TAYLOR: better use in those buildings, so the sooner it can be implemented, the better. I recommend we forward a positive recommendation for the code definition change and request that it be made an emergency ordinance, passed as an emergency. BUCKLEY: Alright, do I have a second? SHANAHAN: Second. BUCKLEY: Second by uh, second by Chris. Alright, we have before us a motion to move forward with positive recommendation to the Mayor and Council for the definition of building height and request that it be an emergency, be emergent due to the current market conditions. All in favor? COMMISSIONERS IN UNISON: Aye. BUCKLEY: (gavel) So moved. Respectfully submitted, Karen G. (Kay) Stroud Zoning Analyst October 22, 2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 9 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR C. Resolution Authorizing the Sale of Surplus Personal Property (to auction surplus vehicles and miscellaneous items on GovDeals.com)

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 9C November 4, 2013

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Resolution to authorize the sale of surplus property October 29, 2013 Request permission to sell surplus personal property. Resolution authorizes the sale of miscellaneous equipment and vehicles as coordinated with various Town departments. To be determined Sell surplus property on GovDeals.com. Do not approve sale. Catrice Parsons, Procurement Manager Various departments Resolution and list of items

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

RESOLUTION 2013A RESOLUTION PURSUANT TO CHAPTER 2, ARTICLE VIII OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND, AUTHORIZING THE DISPOSITION OF PERSONAL PROPERTY

WHEREAS, the Director of Public Works has been advised by the Procurement Manager that certain personal property owned by the Mayor and City Council of Ocean City has reached its useful life, is no longer needed for public use, and is, thereby, surplus property, a determination which is concurred with by the City Manager. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of Ocean City that the personal property listed on the Equipment List October 2013 appended hereto be, and it is hereby declared to be surplus personal property AND BE IT FURTHER RESOLVED that said surplus vehicles/equipment be offered for sale by auction through GovDeals.com. RESOLVED AND EFFECTIVE this 4th day of November, 2013. ATTEST:

_________________________________ KELLY ALLMOND, Clerk

_______________________________________ RICHARD W. MEEHAN, Mayor

Approved as to form:

_______________________________________ LLOYD MARTIN, President

_________________________________ GUY R. AYRES III, City Solicitor

_______________________________________ MARY P. KNIGHT, Secretary

EquipmentListOctober2013
Reference# 532 587 795 799 912 951 955 985 1090 1094 1163 1166 821 858 587 830 532 611 624 616 621 T28 Equipment# 1738 1861 12099 12103 2645 2417 2641 2290 1672 2631 1735 2477 2897 2839 1861 2430 1738 2852 2854 2853 2808 2809 Year Make 1999 Ford 2000 Ford 1991 Cushman/ryan 1991 Leco 2007 NortonClipper 2004 Wacker 2007 Echo 2004 Wacker 1998 Tsurumi 2007 Wacker 1999 Honda 2005 Echo 2011 Ford 2010 Ford 2000 Ford 2005 Chevy 1999 Ford 2010 Honda 2010 Honda 2010 Honda 2008 Kawasaki 2008 LoadRite Model F150 F150 Fairwaymodel mosquitosprayer WalkBehindConcreteSaw WP1550AW CSG6700 PDT3A EPT80 BS502 5000wGenerator CS6700 CargoVan CrownVictoria F150 Tahoe F150 TRX420FMA TRX420FMA TRX420FMA STX1500 PWCtrailer Miscellaneous: Quantity 1 2 1 1 1 1 1 1 Serial/VINNumber 1FTZF1825XNB65458 1FTZF1824YNC11640 91503051 845081 508204005 5504909 C026001163 5490796 3726825 5714114 EA71161707 C151030140075 Department Construction Construction GolfCourse GolfCourse Construction Streets Streets Streets Streets Streets Construction Streets Police Police Maintenance Police Construction BeachPatrol BeachPatrol BeachPatrol BeachPatrol BeachPatrol Department WasteWater WasteWater Streets Streets Streets Streets Streets Streets IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT IT Employee JohnVanFossen TomDy JoePerry JoePerry BillBratten RogerSteger RogerSteger RogerSteger RogerSteger RogerSteger BillBratten RogerSteger Lt.Harmon Lt.Harmon TomDy Lt.Harmon TomDy WardKovacs WardKovacs WardKovacs WardKovacs WardKovacs Employee JamesBaker JamesBaker RogerSteger RogerSteger RogerSteger RogerSteger RogerSteger RogerSteger KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman KarenGunzelman

1HFTE3509A4300001 1HFTE3508A4802515 1HFTE3500A4303417 KAW33486C808 5A4JVS1992024410 Other 5700lbs(weight) 4000lbs/ea(weight)

Manufacturer Description oxType:M5RSF80RPM17 Metso RotaryPress48"DewateringChannel Fournier multipurposecutoffsaw Echo chainsawwith20"bar Echo flatplatetamp Wacker jumpingjacktamp Wacker 3"centrificaltrashpump Tsurumi 3"mudhogpump Wacker LaciePocketUPSfloppydrives Laci RadioShackVideo/Audiotapeeraser RadioShack HPPS/2keyboards HP PS/2miceandpowercords JewelCD/DVDcases Computerpowersupplies Softwarecdcases Officedesktapedispensers HPTonercartridges: IBM40375E(1),HPC4096A(1),HPQ756 HPQ6473A(1),HPQ6741A(2),HPQ647 Viewsonic ViewsonicFlatpanelmonitors*ALLMON HP HPFlatpanelmonitors Compaq Compaqcrtmonitor Hansol Hansolmonitor HPLaserjet2200printer*ALLPRINTERSH HP HPInkjetCP1700printer HP HP2300Lprinters HP HPPhotosmartB8550printer HP HPScanjet5490 HP HPIpaq3650 HP Dellcomputers*NOHARDDRIVES* Dell DataluxTracer*NOHARDDRIVE* Datalux HPcomputers*NOHARDDRIVES* HP AlvaironMobileAccessunitsModelSUMAlvarion PanasonicNetworkCamerasModelKXH Panasonic PanasonicNetworkCamerasModelKXH Panasonic Lanier LanierLD016SPFcopier StartGuardVoltageProtectionunitMod StartGuard 1boxSprintMerlingC777MobilebroadbSprint Dlink4portKVMswitch Dlink TrippLiteSmartUPS1400RPM TrippLite HPProcurveModelJ9146A HP AvayaP333TPWRswitch Avaya AvayaCajunP330BUPS Avaya HP HPJetdirects Cisco CiscoCatalyst3550switches 10/29/20139:29

1box 1box 1box

9 Totalof9portaldrives 1 Totalof1tapeeraser Totalof1boxofkeyboards Totalof1box Totalof1box 3 Totalof3powersupplies 3 Totalof3cdcases 2 Totalof2tapedispensers 9 Totalof9toners 10 13 2 1 1 1 3 1 1 1 7 1 48 26 2 1 1 16

Totalof26monitors

Totalof6printers Totalof1scanner Totalof1ipaq Totalof7Dellcomputers Totalof1Datalux Totalof48HPcomputers Totalof26Alvarions Totalof3Networkcameras Totalof1copier Totalof16units Totalof1boxofcards Totalof1switch Totalof2ups Totalof1Procurve Totalof1switch Totalof1Powersupply Totalof3jetdirects Totalof2switches

1box 1 2 1 1 1 3 2

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 10 COMMENTS FROM THE PUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of five( 5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 11 COMMENTS FROM THE CITY MANAGER A. Review of tentative work session agenda for November 12, 2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, NOVEMBER 4, 2013 12 COMMENTS FROM MAYOR AND CITY COUNCIL