May 21 2012 Complete Agenda

AGENDA MAYOR AND CITY COUNCIL REGULAR SESSION MONDAY, MAY 21, 2012 6:00 P.M.
1. CALL TO ORDER 2. PRAYER AND PLEDGE 3. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION 4. APPROVAL OF MINUTES A. Work Session dated April 10, 2012 B. Regular Session #8 dated April 16, 2012 C. Work Session dated May 1, 2012 D. Regular Session #9 dated May 7, 2012 5. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL Proclamation Designating May 27 June 2, 2012 as Hurricane Awareness Week 6. PRIVATE EVENT PERMIT REQUESTS A. Brotherhood Block Party 2012 Tuesday, June 19, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Roger Steger, Fraternal Order of Leatherheads Society International (FOOLS) B. Ocean City Maryland 5-Mile Boardwalk Run Saturday, June 2, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Chris Klebe, OC Tri-Running C. ACS Making Strides Against Breast Cancer Pink Ribbon 5K Walk/Run Saturday, October 20, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Beverly Furst, American Cancer Society D. Beach Raid Saturday, September 29, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Jack Fleming, Aura360 Ventures E. Delaware Volleyball Beach Fest Saturday, July 7, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and David Madans, Delaware Volleyball Academy 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS
9. NEW BUSINESS 10. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Conditional Use Request - to permit expansion of existing fuel service facilities at a site described as located on the northwest corner of 52nd Street and Coastal Highway and locally known as 5201 Coastal Highway in the Town of Ocean City, Maryland. Applicant: Cato, Inc. 11. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS 12. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2012-18 to Adopt the FY 2013 Budget B. First Reading Ordinance Authorizing the Abandonment of an Existing 20 Foot Wide Alley and Quit Claiming Any Interest Therein in Exchange for a 20 Foot Fee Simple Tract of Land Approximately 80 Feet to the West (pertains to north-south alley between 67th and 68th Street) C. First Reading Ordinance to Amend Chapter 30 Entitled Environment (to revise critical area enforcement language per State regulations and to codify current critical area policies regarding redevelopment projects) D. First Reading Ordinance to Amend Chapter 30 Entitled Environment (to allow noise permit control number decals to be displayed on a window adjacent to the front door or maintained in a book fashion) E. Resolution to Authorize the Disposition of Personal Property (to sell vehicles and miscellaneous items on GovDeals.com) F. Resolution Establishing Laboratory Test Fees Effective July 1, 2012 (pertains to wastewater laboratory testing) 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Bid Award Recommendation for Annual Mowing Contract; ARC Flash Hazard Study; and Golf Car Lease B. Upcoming Bid Openings: Elevator/Escalator Maintenance Contract and Fire Sprinkler/Suppression System Maintenance Contract 14. COMMENTS FROM CITIZENS 5 MINUTE TIME LIMIT 15. COMMENTS FROM THE MAYOR AND CITY COUNCIL
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 3 REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 4 APPROVAL OF MINUTES A. B. C. D. Work Session dated April 10, 2012 Regular Session #8 dated April 16, 2012 Work Session dated May 1, 2012 Regular Session #9 dated May 7, 2012
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 5 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL Proclamation Designing May 27 June 2, 2012 as Hurricane Awareness Week
HURRICANE AWARENESS WEEK May 27 June 2, 2012
Hurricanes have been responsible for loss of life, injury and damage in the State of Marylandand, high winds and water which may accompany hurricanes are particularly life-threatening in their intensity and duration; and WHEREAS, Preparing the residents of the State of Maryland for hurricanes and the devastation that accompanies them is a function of government, dependent on the leadership of public officials, the efforts of many dedicated volunteers and professionals, and the awareness and cooperation of the public; and WHEREAS, Federal, State, local and private organizations are improving preparedness and attempting to inform the public of the steps that should be taken to save lives and protect property to include evacuations and safety measures, flood-proofing and windproofing techniques and the availability of flood insurance; and WHEREAS, By understanding the dangers associated with hurricanes and by taking reasonable precautions, the citizens of Maryland can reduce the loss of life, injury and property damage. NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, do hereby proclaim the week of May 27 June 2, 2012 as HURRICANE AWARENESS WEEK in Ocean City and do commend this observance to all of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 21st day of May in the year of our Lord two thousand and twelve.
____________________________________ RICHARD W. MEEHAN Mayor
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 6 PRIVATE EVENT PERMIT REQUESTS A. Brotherhood Block Party 2012 Tuesday, June 19, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Roger Steger, Fraternal Order of Leatherheads Society International (FOOLS)
June
Sun Mon Tue Wed Thu Fri 1 PIS Tennis PE - Marines Pull-up Challenge Sat 2 PE - Ravens Parade PE - Marines Pull-up Challenge PE 5-Mile Boardwalk Run - TENTATIVE 9 Air Show PE Sand Duels PE - Marines Pull-up Challenge PE - ESA Surf Event PE National Guard Senior Week Display TENTATIVE 16 ARTS ALIVE PE - ESA Surf Event Rain Date PE Landshark Fintastic Voyage TENTATIVE
3 PIS - Karaoke PE - Marines Pull-up Challenge PE - OC Cruzers PE - Summer of Thanks Beach Lights
5 PIS Karaoke & Beach Volleyball PE - Summer of Thanks Beach Fireworks
6 PIS - Basketball
7 PIS Dodgeball PE National Guard Senior Week Display TENTATIVE
8 PIS Tennis Marines Pull-up Challenge PE National Guard Senior Week Display TENTATIVE
10 Air Show PE Sand Duels PIS Karaoke PE - Marines Pull-up Challenge PE - OC Cruzers PE - ESA Surf Event PE - Summer of Thanks Beach Lights PE National Guard Senior Week Display TENTATIVE 17 ARTS ALIVE PIS Karaoke PE - ESA Surf Event Rain Date PE - Summer of Thanks Beach Lights 24 PE - Beach 5 Sand Soccer PE - Plein-Aire PE - Summer of Thanks Beach Lights
11 PE National Guard Senior Week Display TENTATIVE
12 PIS Karaoke & Beach Volleyball PE - Summer of Thanks Beach Fireworks
13 PIS - Basketball
14 PIS - Dodgeball
15 PIS Tennis
18
19 PIS Karaoke & Beach Volleyball PE - Summer of Thanks Beach Fireworks PE OC Fools TENTATIVE 26 PE - Summer of Thanks Beach Fireworks
20 PE Firemens Parade PE Ambridge HS Steel Band Performance
21
22 PE - Plein-Aire
23 PE - Beach 5 Sand Soccer PE - Plein-Aire
25
27
28
29
30
2012
Ocean City Private Events

Name of Event: Brotherhood Block Party Date of Event: Tuesday, June 19, 2012 Date Application Received: March 19, 2012 Date Routed: March 19, 2012 Date Returned from All Departments: April 24, 2012 Things to Note: Set-up would take place at 5:00 pm on the day of the event. This event would begin with the Pipes & Drums band performance and parade down the Boardwalk from North Division Street to Wicomico Street Tuesday evening. The block party would then take place from 7:00 pm until 11:00 pm. Clean up would take place immediately after the event ends. Three (3) business establishments would participate in this event; The Pour House, The Bearded Clam and The Cork Bar. The proposed outdoor area for this event is the block of Wicomico Street from Baltimore Avenue to the bulkhead west of the Boardwalk. Attendees would be admitted through a single point of entrance, where a valid state, government or military photo ID must be shown. No one under the age of 21 would be admitted. Attendees within the confines of the three participating businesses would be under the rules of those establishments. Attendees in the outside area would be expected to observe the same laws that apply in an outdoor event area. Only the three (3) participating establishments, under the provisions of their respective Alcoholic Beverage Licenses, shall serve and sell alcoholic beverages. The outdoor event area is requested so that attendees may move freely between the adjacent establishments and maintain compliance with the open container laws. The event will provide their own security to monitor and prevent alcoholic beverages/open containers from leaving, and keep peace and order on the event grounds. The event would be a fundraising event hosted by the Ocean City Fraternal Order of Leatherheads Society (FOOLS), in partnership with the National Fallen Firefighters Foundation. Request the Town of Ocean City place no parking notices on the block of Wicomico Street between Baltimore Avenue and the Boardwalk. Expected number of attendees is 500-600. Total Cost to Town: No foreseeable costs Application Fee Paid: Exemption/Fire Dept.
New Event: YES
Comments from Department Representatives: OCPD On-duty officers will monitor. RISK MANAGEMENT Insurance certificate must be submitted prior to the event. PUBLIC WORKS Those particular dumpsters on that street are stressed with normal trash. To add an event on the street with just those dumpsters may not be enough. If approved, suggest solid waste empty the dumpsters at that location twice; once on their normal route in the morning, and then once again before their shift ends. However, Im not sure if this is possible. Public Works recommends a separate dumpster be placed on site for the events use. EMERGENCY SERVICES, FIRE MARSHAL, TOURISM, OCBP, TRANSPORTATION, OCCC, and REC & PARKS No comments, concerns or costs.
Date on Council Agenda: May 21, 2012 Event Approved of Denied: Date Fees Received: Date Insurance Certificate Received: Date Permit Issued: Other:
Date Applicant Notified of Meeting:
Amount: Beach Franchise Notified:
PrivateEventApplication For FraternalOrderofLeatherheadsSociety,International OceanCity(Alpha)Chapter

1. 2. 3. 4. 5. 6. 7. TITLEOFEVENT:BROTHERHOODBLOCKPARTY12(3rdANNUAL) NEWEVENT?:NO DATEOFEVENT:TUESDAYJUNE19,2012(MSFACONVENTIONWEEK) STARTING&ENDINGTIMESOFEVENT:19:0023:00 PROJECTEDSETUPDATE&TIMES:TUESDAYJUNE19,2012.SETUPBEGINNINGAT17:00 PROJECTEDCLEANUPDATE&TIMES:TUESDAYJUNE19,2012.CLEANUPBEGINNINGAT23:00 LOCATION:(Describeareainwhicheventshallbecontained;bespecificastohowmuchareawillbe used,etc.): Threebusinessestablishmentswillbeparticipatinginthisevent:ThePourHouse,TheBearded Clam,andTheCorkBar.TheproposedoutdoorareaforthiseventistheunitblockofWicomicoStreet whichliesimmediatelyinfrontoftheaforementionedbusinesses.Theportionoftheunitblocksought foruseisWicomicoStreet(WesttoEast):FromBaltimoreAvenue(Excludingthepedestriancrosswalk andafivefootEastwardsetback)totheWesternbulkheadWestoftheBoardwalk.(SouthtoNorth): FromtheNorthernwallsoftheaforementionedbusinessestablishmentstotheSouthernborderof(but notincluding)thepedestriansidewalkontheNorthsideofWicomicoStreet.(PleaseseeAttachment1). 8. 9. APPLICANTSNAME:OceanCityFOOLS(Alpha)Chapter. ORGANIZATIONREPRESENTING:FraternalOrderofLeatherheadsSociety,(FOOLS)International
10. MAILINGADDRESS:POBox825OceanCity,Maryland218430825 11. WORKPHONE#4439444911HOMEPHONE#4107231966EMAIL:ocfools@gmail.com 12. NONPROFITSTATUS:OceanCityFOOLShasapending501c3application. 13. ONSITEEVENTCOORDINATOR:TrevorSteedman 14. OCEANCITY/LOCALADDRESSOFCOORDINATOR:126ChannelBuoyRdOceanCity,MD21842
15. COORDINATORSCONTACTNUMBERS:
HOME:(410)7231966WORK:(410)2894346CELL:(443)9444911EMAIL:tlsteedman@aol.com
16. FULLYDESCRIBETHEEVENTANDALLPROPOSEDACTIVITIES: ThisisanannualfundraisingeventthatishostedbytheOceanCityFOOLSduringtheMarylandState Firemans(MSFA)Convention.TheOceanCityFOOLS,inpartnershipwiththeNationalFallenFirefighters Foundationhavecreatedasuccessfulprogramthathasquicklybecomeacornerstoneeventduringthe MSFAconventioninOceanCity.TheBrotherhoodBlockPartyupholdsthetraditionsandvaluesofthe AmericanFireServicewhileprovidinganenjoyable,socialatmosphereforfellowfirefightersfrom MarylandandadjoiningstatestonetworkandenhancetheirOceanCityexperience.AmassedPipes& Drumsband,comprisedoffirefightersfromtheBaltimore/WashingtonMetropolitanareas,OceanCity andotherjurisdictions,formsduringMSFAConventionweekandplaysatseveralvenues.Followingtheir TuesdayeveningperformancearoundtheOceanCityFirefightersMemorialontheBoardwalk,thePipes &DrumstraditionallymarchdowntheboardwalkfromNorthDivisionStreettoWicomicoStreetwhere theyattendandperformattheBrotherhoodBlockParty.Allotheractivitiesarewithinthenormal operationsoftheparticipatingestablishments. 17. WHEREWILLTHEEVENTHEADQUARTERSBELOCATED? House501S.BaltimoreAvenueOceanCityMD21842(410)2897687 ContactPerson:Mr.ChrisTrimper(443)4973158 18. BEACHACCESSISNOTREQUIRED:NOTAPPLICABLE 19. FULLYDESCRIBEUNLOADINGANDLOADINGOFSUPPLIES,EQUIPMENT,ETC.INSUPPORTOFYOUR EVENT(INCLUDELOCATION,PROCESS,ETC.): ThePour
Thesuppliesandequipmentinsupportoftheeventareabletobecontainedinthebedofa single,fullsizedpickuptruckandconsistmainlyofcardboardshippingboxes.Offloadingof suppliesandequipmentcanbeaccomplishedsolelybyhandanddoesnotrequiretheuseof forklifts,rampsorhydraulicassistance.Handcartswillbeutilizedtotransportthesuppliesand equipmentfromonoffstreetparkinglocation(privateparkingareaimmediatelyEastofthe BeardedClam)tothethreeparticipatingvenuesimmediatelyadjacenttotheparkingarea.The timetooffloadequipmentandsuppliesisestimatedbetween20and30minutes.

20. JUDGINGAREAS,PASYSTEMS,TENTSORSCAFFOLDING: NotApplicableNojudgingareas,PASystems,tentsorscaffoldingarerequiredfortheevent 21. CROWDCONTROLPROCEDURES: Attendees:Theattendeesareadmittedthroughasinglepointofentrance.Attheadmissionsgate,a validState,Government,orMilitaryphotoidentificationmustbeshownbytheattendeetogain admittance.TechniquesinAlcoholManagement(TAM)certifiedindividual(s)willbereviewingthe identificationstoensurethattheidentificationcardisvalidandthatthepersonbeinggrantedadmission is21yearsofageorolder.Nooneundertheageof21shallbeadmittedtotheindoororoutdoorEvent areas.(PleaseseeSection36ofthisapplicationforfurtherdetailsregardingtheregulationofalcoholic beverages).Attendeeswithintheconfinesofthethreeparticipatingbusinesswillbeundertherules,
regulationsandguidelinesnormallyrecognizedattheseestablishments.AttendeesintheoutsideEvent areaareexpectedtoobservethesamewiththeadditionofabidingbyanyState,LocalorFederal Ordinances,LawsorRegulationsthatmayapplyinsuchanoutdoorEventarea. Staff:InadditiontotheEventStaff,therewillbespecificindividualstaskedwithattendeeoversightand security.ALLstaffmembersaretomonitorandpreventanyalcoholicbeverage/opencontainerfrom leavingthedesignatedEventarea.SecurityStaffshallberesponsibleforthesafety,securityandcomfort oftheattendees.Theirresponsibilitiesinclude: MaintainpeaceandorderontheEventgrounds Monitor&preventalcoholicbeverages/opencontainersfromleavingtheEventgrounds Monitorforandattempttopreventoccurrencesthatcouldpotentiallycompromisethesafety andsecurityofattendees. o Monitorforinclementweather,recognizeimpendingissuesand intercede/mitigatesituation. Monitorandreport/correctpotentialsafetyhazards Bevisibleandavailabletotendtothegeneralneedsofattendees Provideinstructionsandguidanceduringemergencysituations
o o o
EmergencyOperations o Bevisibleandavailabletoattendtobasicemergencyneedsofattendees(FirstAid,CPR, andAED). ActivationoftheEmergencyResponseSystem(911) LiaisontorespondingEmergencyPersonnel(AcopyoftheIncidentActionPlan(IAP) shallbeprovidedtotheOCPDWatchCommanderandOCFDShiftCommanderPlease seeexampletemplate:Attachment2) ClearandmaintainthepredesignatedemergencyvehicleaccessontheEventgrounds. Provideinstructionsandguidancetoattendees
o o
o o
22. SPECIALPARKING/TRAFFICNEEDSorCONSIDERATIONS: Nospecialprovisionsforparkingortrafficarerequired. Theeventsiteisveryconvenientlylocatedinthevicinityoffouroffstreetpaid/meteredparkingareas: WorcesterStreetLot,SomersetStreetLot,DorchesterStreetLotandtheInletParkingLot.Theseareas willberecommendedintheEventadvertising(Includingflyers,email,andsocialmediasites).Theuseof publictransportationwillalsobehighlyrecommended. 23. ARRANGEMENTSFORMEDICALASSISTANCE:
TheIncidentActionPlan(IAP)forthiseventincludesprovisionsformedicalassistance,emergency vehicle/personnelaccessandegress.Thestaffforthiseventisalsocomprisedoflocal,certified emergencyresponderswhoareproficient/experiencedinfirstresponsemedicalcareaswellaslocal policiesandprocedures.TheIAPdesignatesthespecificrolesandfunctionsofonsitepersonnel. 24. RAINPOLICY: Inclementweatherwillrestricttheeventtotheinteriorportionsofthethreeparticipatingbusinesses. Shouldinclementweatherbehighlyanticipatedduringtheeventorpresentpriortothestartofthe event,admissiontotheeventshallbelimitedasnottoexceedthemaximumallowableoccupancyofthe threeparticipatingbusinesses.Weatherconditionsshallbemonitoredbeforeandduringtheeventfor thesafetyoftheparticipants. 25. PROVISIONSFORTHECOLLECTIONANDDISPOSALOFSOLIDWASTES,INCLUDINGTRASH,GARBAGE ANDRECYCLABLES: Collectionanddisposalofsolidwastes,includingtrash,garbageandrecyclablesiscoincideswiththe normaloperationsoftheparticipatingbusinessestablishments.Whereasthedrinkreceptaclesforthis eventaresouvenirmugs,theparticipantshavehistoricallyretainedtheseitemsforfutureuse,resultingin minimalifanyadditionalrefusetobecollectedanddisposed.TwoTOCDumpstersarelocatedatthefar EasternendoftheblockimmediatelyadjacenttotheproposedoutdoorareafortheEvent.Additionally, three30gallontrashcanswith3mmconstructiongradeplasticlinerswillbeplacedinthemiddleandat eitherendoftheproposedoutdooreventareafortheconvenienceofparticipants.TheIAPdesignates specificpersonneltomonitorthisfunction. 26. PARTICIPANTCOMFORT(TOILETS,HANDWASHING,ETC): Toiletsandhandwashingfacilitiesarelocatedwithintheparticipatingestablishments.
27. CONCESSIONS/SALEITEMS: Concessions/saleitemsarespecifictotheevent,including:EventTShirts,ChapterChallengeCoins,and ChapterLapelPins.Theseitemswillbesoldinsidetheparticipatingbusinessesandwillnotbeavailablein theproposedoutdoorareafortheEvent. 28. PRODUCTSAMPLINGREQUESTED(SPECIFICSIZES&QUANTITIES):NotApplicable 29. REVENUEGENERATEDFROMPARTICIPANTFEES,CONCESSIONS,SPONSORSHIPSANDOTHERSOURCES (WHOBENEFITSFROMPROCEEDS?): Revenuewillbegeneratedfromparticipantfees,concessionsandsponsorships.Aminimumof50%of thenetproceedswillbedonatedtotheNationalFallenFirefightersFoundation(Seeattachedagreement). Asdonefortheprevioustwoyears,theproceedsfromtheBrotherhoodBlockPartyshallbecombined withatleast50%ofthenetproceedsfromtheShamJamanddonatedtotheNFFF.Acheckpresentation ceremonyshallagainbeconductedpriortotheMSFAparadeonWednesday.Thelocationofthecheck presentationfromtheOCFOOLStotheNFFFtakesplaceattheOceanCityFirefighterMemorial,onthe BoardwalkatN.DivisionStreet.
30. EVENTPRIZES/AWARDS:NotApplicable
31. EVENTRAFFLE: A50/50raffleisplannedtotakeplaceduringtheevent.Raffleticketswillbesoldsolelyattheevent commencingatthebeginningoftheeventwiththedrawingtobecompletednolaterthan21:30hours. Sincenoticketswillbepresoldorsoldoutsidetheevent,aOneDayRafflePermitisnotrequiredby WorcesterCounty.(PerDebbieBriddell,WorcesterCountyPermits:GamingPermits/Bingo(410)352 3057x2021February21,201011:18am) 32. ERECTINGATENTATTHEEVENT:NOTAPPLICABLE 33. AIRINFLATEDSTRUCTURESATTHEEVENT:NOTAPPLICABLE 34. BONFIREATTHEEVENT:NOTAPPLICABLE 35. FIREWORKSATTHEEVENT:NOTAPPLICABLE 36. SERVING/SELLING/DISTRIBUTIONOFALCOHOLICBEVERAGES: Theservingandsellingofalcoholicbeveragesshallbeconductedbythethreeparticipating establishmentsundertheprovisionsoftheirrespectiveAlcoholicBeverageLicenses.Theoutdoorevent areaisestablishedsothatparticipantsmaymovefreelybetweentheadjacentestablishmentsand maintaincompliancewithopencontainerlaws. 37. EXPECTEDNUMBEROFPARTICIPANTS:500600 38. EXPECTEDNUMBEROFSPECTATORS:NOTAPPLICABLE 39. EVENTDOESNOTTAKEPLACEONTHEBEACH:NOTAPPLICABLE 40. ASSISTANCE&SUPPLIESREQUESTEDFROMTOWNOFOCEANCITY: TemporarynoparkingnoticesplacedontheunitblockofWicomicoStreet(17:0023:00) 41. STATEPROPERTY/ROADSPERMIT:NOTAPPLICABLE 42. PARADEORGANIZERS:NOTAPPLICABLE 43. LOCATIONS&DATESFORPRIOREVENTSHELDTHEPASTFIVEYEARS: ShamJam10March12,2010Shenanigans BrotherhoodBlockParty10June15,2010WildBills,BeardedClam,CorkBar ShamJam11March11,2011Shenanigans BrotherhoodBlockParty11June21,2011WildBills,PourHouse,BeardedClam,Corkbar ShamJam12March16,2012PourHouse,BeardedClam,Corkbar
44. EVENTSPONSORS: NATIONALFALLENFIREFIGHTERSFOUNDATION THEPOURHOUSE THEBEARDEDCLAM THECORKBAR SHEAPerformanceAuto MyersToolrental/PartiesYourway StrikeTheBoxTraining 45. ADDITIONALCOMMENTS:Thiseventhasasuccessfulhistorywhichbringsbusinesstothedowntownarea duringtheMSFAConvention. 46. DETAILEDDIAGRAMOFEVENTLAYOUTINCLUDED?:YES INSURANCEREQUIREMENT:Acertificateofgeneralliabilitycoverage,includingpersonalinjurycoverage, shallbeobtainedintheamountandtimeframestipulatedwithinthePrivateEventApplicationforthe TownofOceanCity,Maryland(Nolaterthan30dayspriortotheevent).Thisinsurancecoverageshall nametheMayorandCityCouncilasadditionalinsureds,addressedto301BaltimoreAve.OceanCity,MD 21842.
Po ur H ou
Bea rde d Cla
CorkBar
AreadenotedwithintheORANGEperimeteristheproposedoutsideeventarea. Theperimetershallbecomprisedoftemporaryorangeconstructionfence. A15footwideemergencyvehiclelanewillbedesignatedwithorangetrafficcones
Aladdertruck,withladderextendedandlargeAmericanflagunfurledbeneathwillbeplacedontheEasternend oftheoutdoorperimeter.Thisservestodemonstratethepride,patriotismandtraditionsofthefireserviceand isthelocationthatthevisitingPipe&Drumstraditionallyplay.
Attachment1
1. INCIDENT NAME: BROTHERHOOD BLOCK PARTY 12 4. OPERATIONAL PERIOD
2. DATE: 19 JUNE 2012 5. OPERATIONAL MODE: SPECIAL EVENT
3. TIME 19:00-23:00
BEGIN: 17:30 END: 23:30 6. GENERAL SITUATION:
7. GENERAL CONTROL OBJECTIVES FOR THE INCIDENT (INCLUDING ALTERNATIVES):
8. WEATHER FORECAST FOR OPERATIONAL PERIOD:

GENERAL CONDITIONS: TEMP: WIND DIRECTION AND SPEED: WATCHES/WARNINGS: DEW POINT: HEAT INDEX/WIND CHILL: TIDE DATA: RELATIVE HUMIDITY: CEILING:
9. GENERAL SAFETY MESSAGE:
10. PREPARED BY (PLANNING SECTION)
11. APPROVED BY (INCIDENT COMMANDER)
ORGANIZATIONAL ASSIGNMENTS
1. INCIDENT NAME:
2. DATE:
3. TIME:
4. OPERATIONAL PERIOD BEGIN: END:
5. INCIDENT COMMANDER & STAFF

INCIDENT COMMANDER: STEEDMAN, T. OPERATIONS: MELSON, D SAFETY: JERSCHEID, T LOGISTICS: FELDMAN, J PLANNING: WILLIAMS, D FINANCE: BLOOM, J PIO: LIASON:
BRANCH 2 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF: DIVISION GROUP
BRANCH 1 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF: BRANCH 3 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF:
DIVISION
GROUP
DIVISION
GROUP
BRANCH 4 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF:
DIVISION
GROUP
BRANCH 5 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF:
DIVISION
GROUP
DIVISION ASSIGNMENT LIST

1. BRANCH: 3. INCIDENT NAME:
4. OPERATIONAL PERIOD
2. DIVISION/GROUP
5. DATE:
BEGIN: END:
OPERATIONS CHIEF BRANCH DIRECTOR
OPERATIONS PERSONNEL DIVISION/GROUP SUPERVISOR SAFETY RESOURCES ASSIGNED THIS PERIOD
STRIKE TEAM/TASK FORCE DESIGNATION
TEAM/CREW LEADER
# OF PERSONS ASSIGNED
MEMBER NAME
MEMBER NAME
MEMBER NAME
MEMBER NAME
MEMBER NAME
FUNCTION
COMMUNICATIONS SUMMARY GROUP/DIVISION FREQUENCY
SYSTEM
INCIDENT BRIEFING
INCIDENT NAME: OPERATIONAL PERIOD BEGIN: END: DATE:
MAP SKETCH
CURRENT ORGANIZATION
IC
mEDICAL
LOGISTICS
FINANCE
SAFETY
PIO/LIAISON
OPERATIONS
QM
BANK 1
EMERGENCY OPERATIONS MEDICAL
PIPERS
DOOR/TAM
MERCH.
BANK 2
COMPLIANCE OFFICER
BANK 3
SECURITY
POUR HOUSE
CLAM
CORK
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 6 PRIVATE EVENT PERMIT REQUESTS B. Ocean City Maryland 5-Mile Boardwalk Run Saturday, June 2, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Chris Klebe, OC Tri-Running
Ocean City Special Events Private Events

Name of Event: OCMD 5 Mile Boardwalk Run Date of Event: Saturday, June 2, 2012 Application Fee Paid: No New Event: No
Date Application Received: May 3, 2012 Date Routed: May 4, 2012 Date Returned from All Departments:
Total Cost to Town: $264.00
Things to Note: This would be a running event in conjunction with the Assateague Assault Triathlon on Sunday, June 3. Set-up for this event would take place on Saturday, June 2 by 5:00 a.m. The event would take place from 7:30 a.m. until 9:30 a.m. Breakdown of the event would immediately follow completion of the race. The event organizers request the use of the Boardwalks comfort stations for participants, event volunteers and spectators. The event organizer requests to use a tent in the Inlet lot. The event organizer requests to use a PA system. The event organizers also request the following from the Town of Ocean City: 75 cones and 40 barricades from Public Works; and two (2) OCPD bike officers - one (1) to lead the run and one (1) to follow the last runner, as well as OCPD for crowd control. The event organizer requests ten parking passes in the Inlet Lot. These will be used for event volunteers only.
Comments from Department Representatives: PUBLIC WORKS Will work with the event coordinator. However, some items they have requested may not be available. They may already be committed to the Ravens Parade, which is taking place later that day. RISK MANAGEMENT Insurance Certificate needs to be obtained prior to the event. OCPD Will provide at least two (2) officers on bicycles One (1) to lead the event and the second to follow the last runner. Will also provide two (2) officers for crowd control and general patrol of the area around the start/finish line. Total estimated cost to the department is $264.00. FIRE MARSHAL A tent permit is required. TRANSPORTATION Boardwalk Trams begin operation at 11:00 am. TOURISM, REC & PARKS, OCBP, OCCC No comments, concerns or costs.
Date on Council Agenda: May 21, 2012 Date Applicant Notified of Meeting: __________________ Beach Franchisee Notified: __________________________ Event Approved or Denied: Date Fees Received: Date Permit Issued: Other:
Date Insurance Certificate Received: _______
Amount:
PRIVATE EVENT APPLICATION

NON-REFUNDABLE APPLICATION FEE:
RETURN APPLICATION TO: Town of Ocean City, Maryland
$100.00 For Profit Applicants, $25.00 Non-Profit Applicants

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.
The Ocean City MD 5 Mile Run 1. TITLE OF EVENT: ____________________________________________________ No 2. IS THIS A NEW EVENT? ______________________________________________
3. DATE(S) OF EVENT ____6/2/2012________________________________________

7:30 a.m. to 9:30 a.m. 4. STARTING & ENDING TIMES OF EVENT: _______________________________
Page 1 of 9
5. PROJECTED SET-UP DATE (S) & TIMES: ___6/2/2012_at 5:00 a.m.___________ _____________________________________________________________________
6/2/2012 at 10:00 a.m. 6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________
7. LOCATION (Describe area in which event shall be contained; be specific as to how The run will take place on the Boardwalk. Starting at much area will be used, etc.): _____________________________________________ Firemans Memorial and finishing at the inlet area. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Chris Klebe 8. APPLICANTS NAME: ________________________________________________
OC Tri-Running.com 9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________
10. MAILING ADDRESS: _________________________________________________ 12280 Dixie Drive, Bishopville, MD 21813 _____________________________________________________________________
443-497-4324 11. WORK PHONE #_____________________HOME PHONE #__________________ FAX:____________________________EMAIL: dom1414@aol.com___________
12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS: _____________________________________ _____________________________________________________________________ _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ Bishopville, MD 21813 _____________________________________________________________________ _____________________________________________________________________ 15. COORDINATORS CONTACT NUMBERS: HOME: __410-352-5478_____________WORK: _443-497-4324_____________ FAX:_____________________________CELL: __________________________ E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________
12280 Dixie Drive, Chris Klebe
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16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ This is a 5 mile run on the Boardwalk We will be giving awards and snacks after the _____________________________________________________________________ _____________________________________________________________________ run to the runners. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
*if more space is needed, please attach additional pages to the back of this application
17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ Inlet Parking Log ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ We will be setting a 20 x 20 tent at the inlet parking lot for the awards. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________ ____________________________________________________________________ A small P.A. system will be used by the D.J. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ In the past, we had two (2) OCPD officers on bikes for the crowd. The same is needed ____________________________________________________________________ For this year. ____________________________________________________________________ ____________________________________________________________________
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22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): We are asking for 10 passes for parking at the inlet. These will be used for our ____________________________________________________________________ volunteers ____________________________________________________________________ v ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? ____Yes_________________________________________ ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ We will remove all debris from our event ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ___________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
n/a 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Rain or Shine
28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & n/a QUANTITIES): ______________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
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29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ___Yes_______ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ ____________________________________________________________________
N/A 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ Trophies and medals for the awards. Top male and female. Top 3 male and female in age ____________________________________________________________________ ____________________________________________________________________ Groups. ____________________________________________________________________ n/a 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________
Please forward a copy of the approved One Day Raffle Permit, to the Private Events Coordinator.
yes 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? ___yes______________
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? _no_______ IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
Please forward a copy of the approved One Day Alcohol Permit, if required, to the Private Events Coordinator.
400 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 200 38. EXPECTED NUMBER OF SPECTATORS: ________________________________
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39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ n/a ____________________________________________________________________ 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): ____________________________________________________________________ ____________________________________________________________________ We are requesting 75 cones and 40 barricades ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY n/a OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
Please forward a copy of the approved MDOT Highway Permit to the Private Events Coordinator once you receive it.
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: __________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE OC Half marathon, Seaside 10, 5 mile run, Assateague Triathalon (5) YEARS: __________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
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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.): __n/a___________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN n/a THIS APPLICATION: _________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
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 must 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 insureds, 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 ____________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT
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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 Coca-Cola, Sprite, Pibb Xtra, Mello Yello, Nestea, Arizona Tea, Barqs Root Beer, Fanta, Minute Maid, PowerAde, 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______________ 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.
Singature on File 5/1/12 APPLICANTS SIGNATURE___________________________DATE_______________ Signature on file 5/1/12
HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted 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 permitted activity or the conduct of Permitteds operation. Permitted 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 permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.
Signature on file 5/1/12 APPLICANTS SIGNATURE___________________________DATE_______________
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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 5/1/2012 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. 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 5/1/2012 APPLICANTS SIGNATURE___________________________DATE_______________
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 6 PRIVATE EVENT PERMIT REQUESTS C. ACS Making Strides Against Breast Cancer Pink Ribbon 5K Walk/Run Saturday, October 20, 2012 Presented by: Lisa Mitchell, Private Events and Beverly Furst, American Cancer Society
October
Sun Mon 1 Tue 2 Wed 3 Thu 4 Fri 5 Sat 6
PE - Endless Summer Cruisin
PE - Endless Summer Cruisin PE - Surf Fishin
10
11
12
13
PE - Corvettes
14
15
16
17
18
19
20
PE - OCtoberfest
PE -OCtoberfest PE -OC Rally PE -ACS 5K/1 Mile TENTATIVE

27
21
22
23
24
25
26
PE - OCtoberfest
PE - OCtoberfest
PE - OCtoberfest PE - Seaside 10 PE - ESA Surf Event
28
29
30
31
PE - OCtoberfest PE - ESA Surf Event
2012

Name of Event: ACS Making Strides Against Breast Cancer Pink Ribbon 5K Walk/Ru n Date of Event: Saturday, Oct. 20, 2012 Date Application Received: March 6, 2012 Date Routed: March 6, 2012 Date Returned from All Departments: March 27, 2012 Things to Note: This event would be a fundraiser for the American Cancer Society. There will be a competitive run and noncompetitive walk. The event would take place on the Boardwalk with the staging area in the Inlet Lot. Initially it was to be in the northwest corner of the Inlet Lot, but due to another event taking place later on that day (OC License Plate Parade and Rally), the event coordinator has changed the location of the staging area to the section of the Inlet Lot next to the Tram Station. The walk/run will start on the Boardwalk, go around the pier, head north on the concrete area, continue on the Boardwalk to 13th Street, then turn around and head south back to the Inlet Lot to the finish, located near the staging area. The event coordinator will adjust the route if needed due to construction. The event coordinator requests to use the towns band stand, 75 traffic cones, five (5) trash cans in the staging area, and the citys public bathroom facilities located on the Boardwalk. The event coordinator requests to have tents set-up in the Inlet Lot. The event coordinator requests the OCPD start the race. The event coordinator requests free parking for volunteers and participants from 6:30 am until 12 noon within designated parking areas (Inlet Lot and street parking downtown). Total Cost to Town: $753.54 Application Fee Paid: Yes/$25.00 New Event: No
Comments from Department Representatives: PUBLIC WORKS Inlet Lot is open thru October 22, 2012, therefore free parking for volunteers and participants must be approved. Will provide judges stand, cones and additional trashcans in staging area. Total cost to the department for this event last year was $753.54. OCPD Will notify shift to have on-duty officers monitor the event. Will also provide at least one officer with a marked vehicle and one on bike, if possible, to assist with the start of the run. RISK MANAGEMENT- Boardwalk will be in Phase 2 of repair. Not sure if this will interfere with the run. Participants should sign a waiver on behalf of the sponsor. The Insurance Certificate must be submitted prior to the event. FIRE MARSHAL Coordinator must obtain a tent permit from the Office of the Fire Marshal. Site cannot obstruct access to fire hydrants or for emergency vehicles. REC & PARKS, TOURISM, OCBP, TRANSPORTATION, OCCC and EMERGENCY SERVICES No comments, concerns or costs.

Town of Ocean City, Maryland

RETURN APPLICATION TO:
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.
ACS Making Strides Against Breast Cancer Pink Ribbon 5K Walk/Run 1. TITLE OF EVENT: ____________________________________________________ No 2. IS THIS A NEW EVENT? ______________________________________________
Saturday, Oct. 20, 2012 3. DATE(S) OF EVENT __________________________________________________

8 am registration, 9 am run, 9:30 4. STARTING & ENDING TIMES OF EVENT: _______________________________ am walk, 11:30 am clean up
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5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________

Saturday, 6:30 am with citys recommendations _____________________________________________________________________
6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ My staff to immediately breakdown following the event at 11:30 am 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ _____________________________________________________________________ Registration and stagin area will be in the north end of the Inlet Parking Lot closest _____________________________________________________________________ to the pier. The walk/run will start on Boardwalk, go around the pier, head north _____________________________________________________________________ on concrete area, go to 13th St. then turnaround and head south back to inlet to _____________________________________________________________________ finish line at the staging area. We will adjust route if needed due to construction. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANTS NAME: ________________________________________________
.
Beverly Furst
9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ American Cancer Society _____________________________________________________________________ 10. MAILING ADDRESS: _________________________________________________ Beverly Furst, PO Box 4453, OCMD 21843 ACS PO Box 163, Salisbury, MD 21803 _____________________________________________________________________
410-341-3490 410-251-8020 11. WORK PHONE #_____________________HOME PHONE #__________________ FAX: _________________________ E:MAIL: _____________________________
12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS: _____________________________________ C- 354-0515701 _____________________________________________________________________ _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________ PO Box 4453, OCMD 21843 15. COORDINATORS CONTACT NUMBERS: 410-251-8020 410-723-4563 HOME: ___________________________WORK: ________________________ FAX:_____________________________CELL: __________________________ 410-251-8020 E-MAIL ADDRESS: ________________________________________________ beverlyfurst@hotmail.com OTHER: __________________________________________________________
Beverly Furst
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16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ Making strides against breast cancer is an onational American cancer society event. It is _____________________________________________________________________ an opportunity for everyone to walk or run to honor breast cancer survicors and remember _____________________________________________________________________ loved ones, and raise awareness. There will be a competitive run and non competicite _____________________________________________________________________ walk. The walk is free but there is a registration fee for runners. There will be awards _____________________________________________________________________ and refreshments at the stagin area in the inlet after the event. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ The OC Inlet Parking Lot ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ No ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ All loading and unloading of supplies will be handled by our staff at the Inlet location ____________________________________________________________________ during event hours. ____________________________________________________________________ ____________________________________________________________________ 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 we will request to use the citys stage (used last year) and we will have tents set ____________________________________________________________________ up in the North corner of the Inlet Parking Lot. ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ ____________________________________________________________________ Our committee, volunteers will supply crowd control along Boardwalk route. We do ____________________________________________________________________ ask for police start of race to clear way for runners. ____________________________________________________________________
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22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): ____________________________________________________________________ We are asking for the Inlet parking lot area closest to the pier be closed off for our ____________________________________________________________________ staging and tent areas. We are also asking that if the parking meters are still in effect, ____________________________________________________________________ that we be granted free parking for volunteers and participants from 6:30 am until noon ____________________________________________________________________ within the designated parking areas (Inlet, street parking downtown) ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? _________________________________________________ EMS will be contacted for stand-by ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ This is a rain or shine event. ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ Our event volunteers will cover route for trash and dispose of in large cans in Inlet. We are requesting 5 trash cans in staging area. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ___________________________________ ___________________________________________________________________ We will be using the Citys facilities in the Inlet and 9th St. If needed, we will rent ____________________________________________________________________ facilities. ____________________________________________________________________ ____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): ______________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ N/A ____________________________________________________________________ ____________________________________________________________________
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29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ____Yes______ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ ____________________________________________________________________ The American Cancer Society 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ For the run, prizes will be awarded in various categories to top finishers. Awards will ____________________________________________________________________ also be given to top fundraisers. ____________________________________________________________________ ____________________________________________________________________
N/A 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________
Yes 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? N/A

N/A 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

N/A 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? N/A IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
37. EXPECTED NUMBER OF PARTICIPANTS: _________900+______________

Not sure with it being on the boardwalk 38. EXPECTED NUMBER OF SPECTATORS: ________________________________
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39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____N/A_____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): ____________________________________________________________________ ____________________________________________________________________ We are asking for use of the trailer stage we used last year. ____________________________________________________________________ 75 cones to be used along the route ____________________________________________________________________ Additional trash cans in the staging area ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY N/A OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
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: __________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ ____________________________________________________________________ 2000-2009 OC Health & Racquet Club ____________________________________________________________________ 2010 Hooters 123rd St. ____________________________________________________________________ 2011 Hooters 5th St. ____________________________________________________________________
All events held in October
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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.): _____________________________________________________ ____________________________________________________________________ American Cancer Society ____________________________________________________________________ ____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________ ____________________________________________________________________ OC TriRunning will be handling the race/walk route and race timing ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. XX IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______
INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must 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 insureds, 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 PEPSI COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Towns agreement with the Pepsi Cola Company of Salisbury as it pertains to the distribution or sales of beverages by the Page 7 of 9
applicant on Town property. The applicant agrees to sell, dispense or serve only Pepsi 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 and bottled waters. The permitted beverages include Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew, Lipton Brisk, Mug Root Beer, Slice, Hawaiian Punch, Gatorade, Dole, Sobe, Aquafina and other products which Pepsi Cola may provide. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE___2/29/12____
Signature on file
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.
HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted 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 permitted activity or the conduct of Permitteds operation. Permitted 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 permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees.
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
Page 8 of 9
Works project(s) or any other necessary governmental function. Such action may be directed at any time.
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. 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.
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 6 PRIVATE EVENT PERMIT REQUESTS D. Beach Raid Saturday, September 29, 2012 Presented by: Lisa Mitchell, Private Events Coordinator and Jack Fleming, Auro360 Ventures
September
Sun Mon Tue Wed Thu Fri Sat 1
Summer of Thanks Beach Lights
Summer of Thanks Beach Fireworks
MOOD ESA Surf Event
10
11
12
13
14
15
OC Cruzers ESA Surf Event
PE - Bikefest
PE - Bikefest
PE - Bikefest ESA Surf Event Rain Date
16
17
18
19
20
21
22
PE Bikefest ESA Surf Event Rain Date
SUNFEST PE Sunfest Kite Festival
23
24
25
26
27
28
29
SUNFEST PE Sunfest Kite Festival OC Cruzers

30
PE - Winefest
PE Winefest PE - Beach Raid TENTATIVE
2012

Name of Event: Beach Raid Date of Event: Saturday, September 29, 2012 Date Application Received: March 13, 2012 Date Routed: March 13, 2012 Date Returned from All Departments: April 27, 2012 Things to Note: This event would consist of a 5K obstacle race on the beach taking placing from 8:30 am until 10:30 am. Set-up for the event would take place Friday evening, September 28. For the event set-up, the coordinators request to have a vehicle on the beach. Clean up would follow immediately after the event and be completed by 3:00 pm on Saturday afternoon. The event coordinator requests to use a PA System and a truss or scaffold for the start/finish line. If needed, the event coordinators will provide their own security. There may be two (2) or three (3) single-level high judge towers for a few obstacles or exercise stations. The event coordinator will hire EMTs to be on-site. The event coordinator will provide trash barrels and bags in the start/finish area and will keep the entire course clean throughout the event. The event coordinator would like to sell event t-shirts. Expected number of participants is 500-1,000. Expected number of spectators is 300-500. The event coordinator requests assistance from the Town of Ocean City Public Works-Maintenance division to transport obstacles on the beach and move sand into pikes for an obstacle. The event coordinator requests assistance in the promotion of the event through the cities outreach and marketing programs. Total Cost to Town: Application Fee Paid: No
New Event: YES
Comments from Department Representatives: RISK MANAGEMENT Insurance certificate must be submitted prior to the event. FIRE MARSHAL A tent permit must be obtained from the Office of the Fire Marshal. The event coordinator must contact the Office of the Fire Marshal to contract EMTs to be on-site during the event. PUBLIC WORKS Do not have the funds or manpower to provide help during set-up for this event. Recommends not having port-o-lets on the beach. This event cannot take place within the Winefest event area. This means the event must not go south of the pier at all. OCBP All vehicles need to be off the beach before 8 am Saturday and should not have set-up or breakdown before 7 pm. OCPD Will need to deploy at least four (4) officers for crowd control. May also need to assist with traffic issues for set-up vehicles. REC & PARKS Please adhere to the Town of Ocean Citys Coca-Cola exclusive product agreement. EMERGENCY SERVICES, TOURISM, TRANSPORTATION, and OCCC No comments, concerns or costs.

Town of Ocean City, Maryland

RETURN APPLICATION TO:
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. 1. TITLE OF EVENT: ____________________________________________________ Beach Raid 2. IS THIS A NEW EVENT? ______________________________________________ Yes
September 29, 2012 3. DATE(S) OF EVENT __________________________________________________

4. STARTING & ENDING TIMES OF EVENT: _______________________________ at 8:30AM Start - Final Racer
10-10:30AM.
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5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________ Friday 9/28/12 (8) hours build obstacles 5AM Tape and Mark Course 9/29/12 _____________________________________________________________________ Clean Up nished up a few hours 6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ after the race ends. 1:30PM-3PM 9/29/12 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ See Attached Map _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANTS NAME: ________________________________________________ Jack Fleming Aura360 Ventures 9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________ 28 Danforth Street, STE 210, Portland, ME 04101 10. MAILING ADDRESS: _________________________________________________ _____________________________________________________________________ 207 699 2360 x 102 11. WORK PHONE #_____________________HOME PHONE #__________________ 603 502 2473 - cell jack@aura360.com FAX:____________________________EMAIL: ____________________________ 207 699 2929 12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS: _____________________________________ _____________________________________________________________________ _____________________________________________________________________ Jack Fleming 13. ON-SITE EVENT COORDINATOR: ______________________________________ Local Hotel TBD 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________ 15. COORDINATORS CONTACT NUMBERS: HOME: ___________________________WORK: ________________________ 207 699 2360 x 102 FAX:_____________________________CELL: __________________________ 207 699 2929 603 502 2473 E-MAIL ADDRESS: ________________________________________________ jack@aura360.com OTHER: __________________________________________________________
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16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ Beach Raid is a 5K obstacle race on the beach. There is a mix of obstacle, _____________________________________________________________________ running and exercise stations. The start are will comprise of a small festival _____________________________________________________________________ area consisting of registration tent, hydration tent, gear drop, sponsor activation _____________________________________________________________________ area (TBD size wise) and there is a Start/Finish Truss or arch. The race is open _____________________________________________________________________ _____________________________________________________________________ to men & women. The race is chip timed. The race will start with a stretch of running _____________________________________________________________________ to spread out the eld and then obstacles will start approximately 1 mile into the _____________________________________________________________________ race. Obstacles consist of Marine Hurdles, Cargo Net wall climb, Crab Trap crawl/ _____________________________________________________________________ hurdle, sandbag carry, sand crawl, etc There are approximately 6-7 obstacles _____________________________________________________________________ racers and 6-7 Boot Camp Exercise stations. These are taped off with race tape and _____________________________________________________________________ enter and perform such exercises as burpees, push ups, lunges, etc The race _____________________________________________________________________ nishes under the same start line/truss. _____________________________________________________________________
Adjacent to 17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ Start ____________________________________________________________________ Finish line.
18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU Yes REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ ____________________________________________________________________ Entry Points along the Course to load/unload heavy obstacles ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ The obstacles can be loaded into a large pickup truck and driven on ____________________________________________________________________ the beach to it's location. 1-2 Obstacles may require excavating of sand ____________________________________________________________________ and aiding in erecting the obstacle with a small backhoe or the like. ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________ There will be PA and a truss or scaffold Start/Finish line. If needed there ____________________________________________________________________ ____________________________________________________________________ may be 2-3 one level high judge towers for a few obstacles or Exercise ____________________________________________________________________ stations ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ We will hire Police or security detail as needed dependent on the ____________________________________________________________________ ____________________________________________________________________ number of participants as well as implement a volunteer program to aid in crowd ____________________________________________________________________ control. The course will be marked appropriately to control crowd and racers with race tape marking, cones, signs,directional signs and volunteers at junctions or beach access points that public need to cross on the course. Page 3 of 9
22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): There will not be any road crossings or closings needed. This race ____________________________________________________________________ ____________________________________________________________________ will be entirely on the beach. Access onto the boardwalk and beach ____________________________________________________________________ may need consideration during build of site and break down. ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ We will hire 2 EMT's to be on-site and if number of IF SO, WHAT TYPE? _________________________________________________ Participants dictate an ambulance on standby. ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _______________________________________ The event is run rain or shine ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? ____________________________________________________________________ We will provide large trash barrels and bags in the festival area and our crew ____________________________________________________________________ will do a sweep of the course after the event and keep the site clean ____________________________________________________________________ throughout the event. ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? ___________________________________ Depending on the number of participants we will supply porta-potties with ____________________________________________________________________ ____________________________________________________________________ sanitary stations ____________________________________________________________________ ____________________________________________________________________ Event Tees would 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ be ____________________________________________________________________ sold if allowed ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & TBD - Once sponsors are brought on board. Using our QUANTITIES): ______________________________________________________ ____________________________________________________________________ event last fall the typical sponsor for an event like this is a ____________________________________________________________________ water, energy bar, local Fitness Center and athletic apparel. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
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29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _____________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ Yes, The participant fees and sponsorships pay for the event and proceeds ____________________________________________________________________ go to Aura360 and a charity of choice. 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ Prizes are sponsor giveaways. There are no cash prizes ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________ No
Yes 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? _________________ Possible Start/Finish Arch if scaffolding is not used.
34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________ No

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

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES No AT YOUR EVENT? ________ IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________
500-1000 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 38. EXPECTED NUMBER OF SPECTATORS: ________________________________ 300-500
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39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________ Not Yet We intend to notify all franchise owners adjacent to the Beach Raid course ____________________________________________________________________ 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): ____________________________________________________________________ ____________________________________________________________________ We would be asking for assistance from town maintenance ____________________________________________________________________ to transport obstacle on the beach and possibly move sand into piles for an ____________________________________________________________________ obstacle. We would ask for assistance in the promotion of the event thru the ____________________________________________________________________ cities outreach and marketing programs to draw awareness to the event. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY N/A OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION.
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: __________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ Beach Raid, October 1, 2011 Kennebunkport, Maine ____________________________________________________________________ We at Aura360 run events globally. Beach Raid is a ____________________________________________________________________ new ____________________________________________________________________ concept. Please go to www.aura360.com to see the ____________________________________________________________________ multiple events we own and produce.
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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.): _____________________________________________________ No Sponsors at this point but we are soliciting ____________________________________________________________________ sponsors. ____________________________________________________________________ TBD ____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______ X
INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must 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 insureds, 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 X ____________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT
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Ocean City, MD Course Draft
Festival Area
Start/Finish
= Course Direction Festival Area will have PA System
Course is set to be 5K
Ocean City, MD Obstacles Samples
Exercise Station samples
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 6 PRIVATE EVENT PERMIT REQUESTS E. Delaware Volleyball Beach Fest Saturday, July 7, 2012 Presented by: Lisa Mitchell, Special Events Coordinator and David Madans, Delaware Volleyball Academy
July
Sun 1 Mon 2 Tue 3 Wed 4 Thu 5 Fri 6 Sat 7
PE - Summer of Thanks Beach Lights
July 4th Concerts and Fireworks
Sunset Park Party Nights
PE Delaware Volleyball Beach Fest - TENTATIVE
10
11
12
13
14
PE - Summer of Thanks Beach Lights Sundaes in the Park PE OC Cruzers PE Delaware Volleyball Beach Fest Rain Date TENTATIVE
15 16
PE - Summer of Thanks Beach Fireworks
Concerts on the Beach
17
18
19
20
21
PE - Summer of Thanks Beach Lights Sundaes in the Park

22 23
PE - Run Swim Run PE - ESA Surf Event
24
25
26
27
28
PE - Summer of Thanks Beach Lights Sundaes in the Park PE - OC Cruzers PE - ESA Surf Event
29 30
PE - ESA Surf Event
31
PE - Summer of Thanks Beach Lights Sundaes in the Park PE - ESA Surf Event
PE - Jesus at the Beach
PE - Summer of Thanks Beach Fireworks PE - Jesus at the Beach
2012

Name of Event: Delaware Volleyball Beach Fest
New Event: YES

Application Fee Paid: Yes/$25
Date of Event: Clinic on Friday, July 6, event on Saturday, July 7 with a rain date of Sunday, July 8 2012 Date Application Received: March 19, 2012 Date Routed: March 19, 2012 Date Returned from All Departments: Things to Note: This event would be a one (1) day beach volleyball tournament, with a three (3)-hour outdoor skills clinic for beach volleyball being held the day before. The event would take place within a three (3)-block area on the beach from 20th to 23rd Streets. The event coordinator would set-up nets, chairs and a canopy on Friday morning and breakdown on Saturday evening. The event coordinator requests to sell event related items such as t-shirts and volleyball accessories. Awards will be given to the winners of the tournament. Types of awards are t-shirts, volleyballs and volleyball accessories. Monies collected from the tournament will benefit the Delaware Volleyball Academy. Expected number of participants is 100. Expected number of spectators is 150. Total Cost to Town: No foreseeable costs
Comments from Department Representatives: RISK MANAGEMENT Insurance certificate must be submitted prior to the event. OCBP It is imperative the event not interfere with the normal patrolling of the beach for safety. The event must setup at least 30 feet off the easternmost edge of the Boardwalk to allow BP vehicles to traverse the beach. The event must also establish east to west lanes so BP may move from the back of the beach to the waters edge. The easternmost courts must allow for a buffer zone between the game play and the beach patrons. The event must take responsibility to keep the buffer zone and BP vehicle areas open and that spectators do not set-up in those areas. On July 7 the south surfing beach is scheduled to be on 21st Street, which is the area the event plans to use. This does not pose an issue for BP, but it will increase the beach population density on the beaches north and south of the surfing beach. PUBLIC WORKS Event must maintain the cleanliness of the beach and allow access on site for PW beach cleaning equipment from set-up to teardown. 27th Street bathroom facility is small and may not meet the needs of this event. OCPD Have on-duty officers monitor the event. REC & PARKS The town has no beach volleyball polls or nets to provide to this event. Last year this event took place at Northside Park. FIRE MARSHAL, EMERGENCY SERVICES, TOURISM, TRANSPORTATION, and OCCC No comments, concerns or costs.
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. Setup and breakdown days are also subject to this fee assessment. 1. TITLE OF EVENT: _____Delaware Volleyball Beach Fest 2012_______________________ 2. IS THIS A NEW EVENT? _______________________Yes_______________________ 3. DATE(S) OF EVENT _______July 7th Rain Date is Sunday July 8thh, 2012 4. STARTING & ENDING TIMES OF EVENT: __8:307:00_____________________________ 5. PROJECTED SET-UP DATE (S) & TIMES: ___Friday Night, 5:00 PM onward 6. PROJECTED CLEAN-UP DATE (S) & TIMES: __Saturday after 6:00 PM 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): ___3 Blocks, 20stth and 23rd street ___________________________________________________________________ 8. APPLICANTS NAME: __David Madans______________________________________________
9. ORGANIZATION REPRESENTING: __Delaware Volleyball Academy 10. MAILING ADDRESS: __711 West Bridge Street, Apt A-38, Phoenixville, PA 19460 _____________________________________________________________________ 11. WORK PHONE #_________NA____________HOME PHONE #___215-208-4709 FAX: _________________________ E:MAIL: __dmadans@dvavbc.com___________________________ 12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS: _Nonprofit____________________________________ _____________________________________________________________________ _____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: __David Madans_ __________________ 14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: __1803 Philadelphia ave, Ocean City, MD__________________ _____________________________________________________________________ _____________________________________________________________________ 15. COORDINATORS CONTACT NUMBERS: HOME: ___________________________WORK: ________________________ FAX:_____________________________CELL: ___215-208-4709 E-MAIL ADDRESS: ___dmadans@dvavbc.com_____________________________________________ OTHER: __________________________________________________________ 16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ 1 Day Beach Volleyball Tournament. All activities will be on the beach in a centralized location. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ *if more space is needed, please attach additional pages to the back of this application 17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _Onsite/ Grand Hotel_______________ ____________________________________________________________________ ____________________________________________________________________ 18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? __NO____IF SO, WHERE? _____NA___________________
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): __Unloading and Setting up Nets, a couple chairs and a Canopy. Supplies will be delivered and set up on Friday and taken down, Saturday late afternoon. ____________________________________________________________________ ____________________________________________________________________ 20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS, SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: ______NO_______________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: __None_________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): _None________________________________________________________________ ___ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _Yes____ IF SO, WHAT TYPE? ___Onsite, Athletic Trainer________________________ ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 24. WHAT IS YOUR RAIN POLICY? _____Play unless there is thunder and lighting. Sunday the following day will be our make up day.__________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING TRASH, GARBAGE AND RECYCLABLES? _Trash Bags at each net. And we will have various trash bins at various locations._____________________________________________________________ ______
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT (TOILETS, HAND WASHING, ETC.)? __Rely on O.C. Beach Facilities and provide Local map of restrooms etc. - Participants will be able to use the grand hotel facilitates ________________________________ ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ T-shirt sales, and Volley Ball Accessories , possible food._________________________________________________________________ ___ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): None ____________________________________________________________________ ____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES, CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? __Yes________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ____Delaware Volleyball Academy___ ____________________________________________________________________ 30. DESCRIBE EVENT PRIZES/AWARDS: ___T-Shirts, Volleyballs, Volleyball Accessories____________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 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. 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? ____No_____________ 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. 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? ____No_____________
Please forward a copy of the approved Bonfire Permit, to the Private Events Coordinator. 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? ___no______________ 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? ___No________IF SO, PLEASE DESCRIBE INTENT (include beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Please forward a copy of the approved One Day Alcohol Permit, if required, to the Private Events Coordinator. 37. EXPECTED NUMBER OF PARTICIPANTS: ____100__________________________ 38. EXPECTED NUMBER OF SPECTATORS: _____150___________________________ 39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? Yes WHO DID YOU CONTACT? Grand Hotel ____________________________________________________________________ 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): ___Beach Volleyball Polls, and Nets maybe__________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY OBTAINED THIS PERMIT? ___N/A________IF SO, PLEASE ATTACHED A COPY TO THE BACK OF THIS APPLICATION. Please forward a copy of the approved MDOT Highway Permit to the Private Events Coordinator once you receive it.
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: __________ ____________N/A_______________________________________________________ _ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: ___North Side Park, Second Weekend in May 2011_______________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 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.): __None___________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: ____None_____________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ . ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. IS DIAGRAM INCLUDED WITH APPLICATION? YES____x____NO_______ 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 must 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 insureds, 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: _______x_____INCLUDED WITH APPLICATION ____________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT PEPSI COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Towns agreement with the Pepsi Cola Company of Salisbury as it pertains to the distribution or sales of beverages by the Page 7 of 9 applicant on Town property. The applicant agrees to sell, dispense or serve only Pepsi 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 and bottled waters. The permitted beverages include Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew, Lipton Brisk, Mug Root Beer, Slice, Hawaiian Punch, Gatorade, Dole, Sobe, Aquafina and other products which Pepsi Cola may provide. I have read this disclosure and agree that I will comply with its provisions. 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. APPLICANTS SIGNATURE___________________________DATE_______________ HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted 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 permitted activity or the conduct of Permitteds operation. Permitted 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 permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees. APPLICANTS SIGNATURE___________________________DATE_______________ 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
Page 8 of 9 Works project(s) or any other necessary governmental function. Such action may be directed at any time. 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. 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. APPLICANTS SIGNATURE___________________________DATE_______________ Page 9 of 9
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 10 REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Conditional Use Request to permit expansion of existing fuel service facilities at a site described as located on the northwest corner of 52nd Street and Coastal Highway and locally known as 5201 Coastal Highway in the Town of Ocean City, Maryland Applicant: Cato, Inc.
Reply to: Planning and Zoning Commission P.O. Box 158 Ocean City, MD 21843 410-289-8855
CERTIFIED MAIL RETURN RECEIPT REQUESTED
May 16, 2012

Cato, Inc. C/o Mr. Michael Abercrombie, Jr. P O Box 1030 Salisbury MD 21801 Dear Mr. Abercrombie:
Re: Pursuant to the provisions of Article II, Division 5, Section 110-121, et. seq.,
Conditional Uses, a request has been filed under the provisions of Section 110-514(20), Uses permitted by Conditional Use in the LC-1, Local Commercial, District, to permit expansion of existing fuel service facilities. The site of the request is described as located on Parcels 6812 & 6813, Sinepuxent Plat, 1891 (Bayside); further described as located on the northwest corner of 52nd Street and Coastal Highway, and locally known as 5201 Coastal Highway, in the Town of Ocean City, Maryland. APPLICANT: CATO, INC. (FILE #12-12100003) On Tuesday, March 20, 2012, the Planning and Zoning Commission of Ocean City, Maryland conducted a public hearing to consider the above referenced Conditional Use request. The Commission closed the public hearing after all testimony was delivered on that date, and reconvened on Tuesday, May 1, 2012, to deliberate and render a recommendation. The Planning and Zoning Commission considered all testimony and exhibits and voted unanimously (4-0) to send the Mayor and City Council a favorable recommendation for approval of the above referenced application. By copy of this letter, the Mayor and City Council will be notified of the Commissions recommendation. You are now scheduled to appear before a regular session of the Mayor and City Council at 6:00 PM on Monday, May 21, 2012, in the Council Chambers of City Hall located at 3rd Street and Baltimore Avenue in the Town of Ocean City, Maryland. Please be advised that the Council will make their decision at that time.
Cato, Inc. C/o Mr. Michael Abercrombie, Jr. P O Box 1030 Salisbury MD 21801 Page Two If we may be of any assistance to you in the meantime, please contact the office of Planning and Community Development at 410-289-8855. Sincerely, Planning and Zoning Commission
Pam Greer Buckley Chairperson /ks cc: Mayor and City Council Guy R. Ayres, III, City Solicitor All Planning Commission Members William E. Esham, III, Attorney for Commission Jesse C. Houston, Director/Planning & Development File #12-12100003 Correspondence 12
FINDING OF FACT #12-12100003 CONDITIONAL USE FOR AUTOMOBILE FILING STATION EXPANSION IN THE LC-1, LOCAL COMMERCIAL, DISTRICT, TO BE REDEVELOPED AT 5201 COASTAL HIGHWAY CATO, INC. May 1, 2012
Upon a motion made by Lauren Taylor, seconded by Peck Miller, and carried by a vote of four (4) to zero (0), Tom Singman, John Staley, and Joel Brous absent, the Planning and Zoning Commission hereby gives a favorable recommendation for the redevelopment of an existing automobile filling station with expansion of four (4) filling stations to (6) six; with the discontinuation of the existing service station use. The site is located on Parcels 6812 & 6813, Sinepuxent Plat, 1891 (Bayside); further described as located on the northwest corner of 52nd Street and Coastal Highway, and locally known as 5201 Coastal Highway, in the Town of Ocean City, Maryland. 1. Population Change: The existing neighborhood consists of Warrens Park, a community of mobile homes and single-family dwellings on the south side of 52nd Street; on the west end of 52nd Street, which is a dead-end, exists several mobile homes, single-family dwellings, and a commercial marine operation. Adjoining the property to the north is the Candy Kitchen retail and candy manufacturing business. The proposed filling station with its associated convenience store will not change the existing population of the neighborhood.
2. Availability of Public Facilities: Existing public facilities are available to the premise and adequate for the proposed use.
3. Present and Future Transportation Patterns: The existing use is an automobile service station which has two ingress/egress onto Coastal Highway and connection to 52nd Street. Future transportation patterns shown on the development plan indicate that the existing south entrance onto Coastal Highway will be closed. The vehicular ingress/egress onto 52nd Street is being moved farther west to allow for queuing of vehicles at the 52nd Street signal at Coastal Highway. Internal circulation the site design provides for queuing at the filling stations with
bypass lanes including access from Coastal Highway for truck delivery which may enter and exit 52nd Street. Provisions are made for a sidewalk on the north side of 52nd Street for pedestrian movement to and from the beach. The Planning Commission recommends that the Town request a pedestrian count-down light at signal for pedestrian crossing.
4. Compatibility with Existing and Proposed Development for the Area: The proposed redevelopment plan for a filling station and convenience store is found to be compatible with the existing neighborhood.
5. Relationship to the Comprehensive Plan: The automobile filling station is an allowed Conditional Use of the zoning district, which is LC-1, Local Commercial, District. The Comprehensive Plan anticipates these types of services will be provided on the bayside of Coastal Highway and that it is a necessary service to meet needs of tourists and residents of Ocean City. Therefore, by virtue of the requirements of Section 110-122 of the Code of Ocean City, Maryland, the above findings require the Planning and Zoning Commission to recommend approval for the redevelopment of the existing automobile filling station with (2) two new filling facilities and convenience store with discontinuance of the automobile service station subject to all other applicable governmental regulations.
_ ________________ Pam G. Buckley, Chairperson __________________ Peck Miller __________________ Lauren Taylor __________________ Chris Shanahan
PLANNING AND ZONING COMMISSION Cato, Inc. 5201 Coastal Highway Conditional Use/Site Plan Review Public Hearing March 20, 2012
PRESENT Pam Buckley John Staley Peck Miller Chris Shanahan Lauren Taylor Joel Brous
IN ATTENDANCE Blaine Smith Kay Stroud Jesse Houston Bob Nelson Kevin Gregory, Attorney
This meeting of the Planning and Zoning Commission was held on Tuesday, March 20, 2012, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson called the meeting to order. BUCKLEY: Were going to call to order the public hearing for this evening, and this is pursuant to Article II, Division 5, Section 110-121, et. seq., Conditional Uses a request has been filed under the provisions of Section 110-514(20), uses permitted by Conditional Use in the LC-1, Local Commercial District, to permit expansion of existing fuel service facilities. The site of the request is described as located on Parcels 6812 and 6813, Sinepuxent Plat, 1891, Bayside; further described as located on the northwest corner of 52nd Street and Coastal Highway, and locally known as 5201 Coastal Highway in the Town of Ocean City, Maryland. The applicant, Cato, Inc., File #12-12100003. This will be, the site plan will be utilized in discussion along with the public hearing. And prior to any public hearing the chairperson is supposed to ask if there is anyone in attendance that has an opposition to any one of the Commissioners that are in front of you taking part in this public hearing. Does anyone in the audience have any problem with any of us taking part in this public hearing? Let the record state that no one is, has any objection, so well all be sitting with Mr. Singman being absent. FRANKENBERGER (from audience): Ill say something. BUCKLEY: Pardon me? FRANKENBERGER: Ill say something. BUCKLEY: Okay, you have an issue with someone? FRANKENBERGER: No, I have no issue. BUCKLEY: Okay. FRANKENBERGER: Yeah. BUCKLEY: Okay.
FRANKENBERGER: For one, (indistinguishable) on that street BUCKLEY: Well, wait a minute, were gong to get to your comments, okay? FRANKENBERGER: Yeah. BUCKLEY: Thank you. FRANKENBERGER: I want to comment to you. BUCKLEY: Okay. Were going to have the presentation of the case by Mr. Smith, and youll be sworn in by GREGORY: Sir, do you swear to tell the truth, and nothing but the truth? SMITH: I do. My name is Blaine Smith, Zoning Administrator. After receiving the application for the automobile filling station, which is a Conditional Use in the LC-1, which is a Local Commercial District, we posted the property on March 1st and advertisements were ran in the Ocean City Digest on March 1st and March 8th, stating the time, date, place, and purpose of the meeting that were holding tonight. In addition to the published advertisements, and the posting of the property, we did send notice by regular mail to adjacent properties within 300-foot radius of this meeting. Should it be a condominium, we send the notice to whoever gets the water, or tax bill normally. We dont necessarily send it to all unit owners, but we do send it to the property, and its their responsibility I guess, as an additional effort, to contact people that this meeting is taking place and its purpose. The applicant, at the time of application supplied a set of drawings, and we took it through what we refer to as TRC meeting, which is Technical Review Committee meeting, which is most of the City departments and some outside departments, such as Delmarva Power & Light, State Highway Administration, the gas company, and others, to get any comment based on the infrastructure, and the design of the project, to be able to bring comment to the Planning Commission, and then just a little bit later, Im going to read a list of things that weve received during that review that they may want to take in advisement or consideration. The other thing I would like to do, the Commission has been given a copy of our existing zoning map, and (displaying on overhead) the yellow parcel in the middle of the map is the LC-1 District where its now a gas station, the Exxon station, known as Andersons Exxon, and to give a little bit of a, Ill call it a definitive neighborhood, because when you do a Conditional Use, you want compatibility with the neighboring properties. And to reduce any adverse impact that might be in that area. Directly to the north, adjacent to the gas station, is The Candy Kitchen they have a retail and a warehouse where they store their candy, that they have, theyre a candy manufacturer; and to the north of that, you might say on the north side of 53rd Street, extended west, they have the manufacturing plant for Candy Kitchen. The Candy Kitchen itself is zoned LC-1, the manufacturing plant is a B(M)-1, Bayside (Marine) Mixed Use District, which goes all the way back to the bay, and you have, I believe, its Mackys, back on the bay, and then you have the retail and some of the other facilities, the watersport, and what-have-you, and thats not correct. UNIDENTIFIED FROM AUDIENCE: Yes it is. SMITH: It is?
UNIDENTIFIED: Mackys is just to the north. SMITH: Its just north of that one? Okay. UNIDENTIFIED: Watersport, youve got the SMITH: Just north of the Candy Kitchen factory, then you get into the other. BUCKLEY: Right. SMITH: So, and then that turns back into the LC-1 District again all the way to the bay from Coastal Highway, to the south of the existing Anderson Exxon station is the Warrens Mobile Home Park, and that runs for a few hundred feet south all the way back to the bay. Along 52nd Street west of Coastal Highway directly behind the Anderson Exxon Station, there are 3 mobile homes on a parcel thats also zoned MH, Mobile Home District. Its just a pocket of mobile home. Beyond that you have the marina, thats Bayside Marine, and then, west of the marina property, we go back into Mobile Home District, and out on the peninsula you have a condominium/mobile home subdivision back there, so there are mobile homes to the south and to the west of this, and then you have the other businesses to the north. On the other side of Coastal Highway is R-3, General Residential District, which is separated by the highway, which is approximately 120 wide with the median, and the different travel lanes on either side. So thats, what Ill call, the immediate neighboring properties to this. Along Coastal Highway from, you might say from 45th Street Village, is Shopping Center District, and then its LC-1 District all the way up to Warrens Park; so we do have quite a bit of commercial along the bayside, and then the LC-1 north of the BM District, where the marina is, is zoned LC-1 as well up to Route 90, so it is pretty much commercial in nature along Route 90. And as we had talked briefly earlier, this gas station has been at this location for many years, it was the Warrens property, and still is the Warrens property, but they ran the gas station for years, and then Mark Anderson has been running it in more recent years. And now they would like to redevelop it, and the applicant is here to make their presentation, and they have supplied the site plan for the consideration of this Conditional Use and for the future development of the property. (Displaying plans on screen) To just do some orientation of whats being redeveloped on the property, and then Ill talk about the staff comments from the Technical Review Committee meeting. To the right is Coastal Highway, and on the bottom is 52nd Street Extended, which is now a public street, even though they labeled it private. I know the Mayor and Council maintain it, now whether thats as an easement and its still private, Im not sure of the technical nature but I know the Mayor and Council took the street over and improved it with the agreement of these adjacent property owners, so I dont know if its really semi-public or semi-private, but BUCKLEY: Right. SMITH: the Mayor and Council, we do maintain the street. Its a 30 right of way, and I believe it has rolled curbing on each side; it does not have a public sidewalk because its only a 30 width. BUCKLEY: And the Mayor and Council maintains it all the way to the end?
SMITH: Not to the very end, the condominium/mobile home subdivision at the very end is a condominium, and this street terminates just prior to going into that, its a gated community. BUCKLEY: Bay Spot, I think. SMITH: Yeah, well, no. Bay Spot BUCKLEY: Oh Bay Spots north from there. SMITH: Yeah, uh Might be like Sea Gull something, or, but anyway, it does terminate at their property line, it does not go onto their property. BUCKLEY: Okay. SMITH: Currently there are gas islands that have been there a number of years, and essentially what they are wanting to do as to the filling station is to add two more bays, or two more pump stations and you can fuel from either side of those pump stations, so thats the expansion of the filling station part of it. In the current operation, they have had gas and service; they have repair/maintenance and service and this drawing only shows a convenience store with a filling station, no service. And the building that was in this location is being replaced with this building as a convenience store with some food product and retail in conjunction with the filling station. And directly behind that building, would be other parking and service area for the convenience store in conjunction with the service station. BUCKLEY: So theyre going to abandon the service part? SMITH: With this proposal, yes. MILLER: And directly west of the rear parking, there are a couple mobile homes there. SMITH: Theres three. BUCKLEY: Yeah. MILLER: Okay. SMITH: And then beyond that, west of them, is the marina. MILLER: Marina, and that got rezoned SMITH: BM, Bayside Marine. MILLER: And beyond that is SMITH: Mobile Home District again, yes. MILLER: I mean, these ones here have been here for a long time, right? SMITH: Yes, yes, and I think its family owned. I believe theyre all family connected.
UNIDENTIFIED FROM AUDIENCE: Yes, thats all family. SMITH: Yeah. TAYLOR: Whats the difference in the square footage between the old convenience store and the new one? SMITH: The existing service station has very little retail, its main BUCKLEY: Yeah, but what total, what building size? STALEY: 4220. TAYLOR: So eventually the convenience store is all new square feet. SMITH: Id say the existing one is probably less than 25% of the total. Its more service than it was convenience. BUCKLEY: Thats what Im saying, but yeah TAYLOR: So the convenience store is essentially a total addition. SMITH: Yes, yes. TAYLOR: But an addition to the Conditional Use. SMITH: Which is a permitted use of the Code, only the service station requires a Conditional Use. If they were not putting in gas pumps, they would only have to come to you for site plan review for the convenience store, thats allowed by right. Its the fuel, filling station expansion that requires a Conditional Use update. BUCKLEY: And theyre abandoning probably a third (1/3) of the property now. MILLER: Um, the store, the retail store, just has, is code compliant for parking. SMITH: Yes. MILLER: And there are no BUCKLEY: Conditional Use. SMITH: No, nonconformity or credits. In fact, they exceed the parking requirements for this proposal. MILLER: So if they didnt even touch the gas pumps, this store could be here SMITH: By right. MILLER: By right, okay.
SMITH: Yeah. MILLER: So what were looking tonight with this Conditional Use permit is to allow two (2) more or a new configuration? SMITH: Yes, yes. BUCKLEY: Two (2) more because those are already here. MILLER: Yeah, because these two are not moving SMITH: The convenience store will be subject to your site plan review, but not as a Conditional Use. MILLER: Exactly. SMITH: Yeah. MILLER: Right. SMITH: It would be allowed by right BUCKLEY: So were putting the two together SMITH: Yes, yes. BUCKLEY: were putting the site plan review together with the public hearing, so we can SMITH: Thats why we believe they need to be held concurrently because with traffic patterns BUCKLEY: Right. SMITH: and infrastructure theyre going to function as one. BUCKLEY: Okay, alright, anybody else have any questions for Mr. Smith? BROUS: Does there, is there no more entrance that I see, from the back lot, from the west? BUCKLEY: Yeah there is, right here. SMITH: Where the dumpsters are, there is an entry that goes into that parking area to the rear. MILLER: Its right here. BUCKLEY: In to the building or into MILLER: You go right through here.
BROUS: I just wanted to know, a guest, a convenient, a pedestrian entrance. SMITH: No, no its just service. BROUS: Kinda like the WaWa up north, you can enter the front or back side. SMITH: No, no, they only have a service entrance to the storage and what-have-you, on the, its kinda like to the north side of that back area. BUCKLEY: Um hm. SMITH: They have one service door. BROUS: And the tables and the chairs, thats like a little sitting area, is that for a break room or for SMITH: Whats shown in front is, they have like a, could be a Subway, or some type of a food establishment and those are tables for convenience of those people that might buy there, and they have four tables outside on the walk area that can be utilized by the patrons. MILLER: Okay, and the current configuration that they now, theres a road, or a road way on the north side of the building to get people around back, correct? SMITH: I believe they could, I, Im not sure if they can circulate. MILLER/BUCKLEY: They can go around the back BUCKLEY: on the north side of the building right now. MILLER: Which has probably diminished a lot of the traffic on 52nd Street because theyre coming through the property to get to the back. SMITH: That, right. SHANAHAN: Pretty (indistinguishable), its pretty (indistinguishable) on that side. BUCKLEY: Yeah. MILLER: Ive taken my van there more than once to the back in the old days. UNIDENTIFIED FROM AUDIENCE: Speak a little louder so we can hear you. MILLER: Yeah, Im just saying its had more access to the back than just 52nd Street. BUCKLEY: Make sure youre speaking into the microphone people. SHANAHAN: Right, right, got it. BUCKLEY: Speak into the microphones guys, please, thank you.
MILLER: Okay, so there is no road on the north side of this building is what Im saying. SMITH: Not as proposed. MILLER: Thank you, dear (speaking to Pam Buckley). SMITH: And I would say, when you look at the northwest side of the building, there is a waterway on that northwest corner, and they have to honor the Critical Area setback buffer and theyve set that whole area up for a vegetated area, just beyond the parking lot. So that whole corner, to protect that waterway in that back corner, its been vegetated. BUCKLEY: Wow, okay. SMITH: And its part of their stormwater management and their design. BUCKLEY: Alright, well lets listen to the applicants presentation and well go from there. MOORE: You started to swear me in, but the Commission knows that when a lawyer gets sworn in hes got to tell the truth, so his fee sky-rockets, so they dont make you swear in any lawyers so that Mr. Abercrombie can afford to keep me here tonight. GREGORY: No problem at all. MOORE: We will have, I will have witnesses, Im just a, for the record, Madam Chair, members of the Commission, Joseph Moore, 3509 Coastal Highway, and I represent the applicant tonight. I will confess to you that its a little unusual because were mixing our metaphors here because many of the questions that Im going to ask my witness, Mr. Iott, will be with respect to site plan approval, but I urge the Commission and the folks in the audience to recall that, with respect to the Conditional Use application, were talking about the shaded area on the site plan BUCKLEY: Correct. MOORE: and what we have is, when Blaine says were expanding the service station were expanding the service station area by adding two gas pumps, thats our request. BUCKLEY: Correct. MOORE: So, with your permission, Ill not divide out, that doesnt make any sense because we want to have a conforming presentation with respect to all of the requirements, but with that, I will call Mr. Iott, and Kevin, you can swear him in. GREGORY: Thank you. BUCKLEY: And well attempt to keep the audience divided as we need to, for giving them information, I will. GREGORY: Do you swear to tell the truth, the whole truth, and nothing but the truth?
IOTT: I do. GREGORY: Can you state your name and address please? IOTT: Keith Iott, 310 Hammond Street, Salisbury, Maryland. MOORE: What is your profession, Mr. Iott? IOTT: Im an architect and a professional engineer. MOORE: And, have you qualified as an expert witness before the Planning Commission in Ocean City in previous years IOTT: Yes. MOORE: on several occasions, correct? IOTT: Correct. MOORE: And other, other administrative agencies as well in Worcester and Wicomico counties and other places, have you not? IOTT: Yes. MOORE: Okay, and you are a registered professional architect? IOTT: Yes. MOORE: Yes, yes, alright. Now, you did the site plan, correct? IOTT: Yes. MOORE: The, the, Mr. Smith said that the location of the service station that is there now has been there actually, it predates zoning according to Blaine, its been there for many years, correct? IOTT: Yes. MOORE: And the site that is there when one looks at it, the service station building is almost directly behind the existing gas pumps, is that correct? IOTT: Thats correct, and the outline of the existing service station building is shown on the plan, its approximately at the location of the easterly edge of the shaded area and its a T-shaped configuration. Thats the hidden line that you see on this plan; thats the location of the existing service station building. MOORE: And that is closer to the Coastal Highway than the proposed convenience store which is not a Conditional Use, correct? IOTT: That is correct.
MOORE: Alright, so that is, doesnt it open up the site with respect to the utilization of both a convenience store and the gas service facilities or the gas pumps? IOTT: That is correct. MOORE: Alright, now, describe, kind of for site plan review, describe the means of access to and from the Coastal Highway and the site and any other public street. IOTT: Okay, at this point, and in the package that was submitted to the Commission members, the existing site plan is in there that shows the existing entrances on Coastal Highway as well as the rolled curb that is along 52nd Street. That is C100 of your plan. What happens in the proposed solution, we have created a generous entrance on Coastal Highway that will be in conformance with the SHAs current standards for handicapped accessibility. We have also proposed an exit-only, located toward the southeasterly corner of the site that will discharge traffic onto Coastal Highway. We have also eliminated the rolled curb that is along the northerly side of 52nd Street to channelize the vehicular traffic to the west and then those patrons would create, what is essentially a U-turn, though its a generous radius, to create a queuing space for people who choose to use the 52nd Street light. MOORE: Alright, and there is a traffic-control device at 52nd Street. IOTT: Correct. MOORE: So that can monitor traffic going from the site onto the Coastal Highway, correct? IOTT: Yes. MOORE: Okay, alright. Now, the site with the existing building pushed up close to the Coastal Highway, in your opinion, does that create a more or less compatible situation than that which is proposed by your site plan. IOTT: The congestion that is the result of the existing configuration I think is very detrimental to use of the, of the fuel stations. This scenario, pushing the building to the westerly portion of the site, and creating generous internal service aisles, should alleviate many of the traffic concerns that the traffic congestion that exists on the site, particularly in the summer time. MOORE: And will there be parking, ample space behind the building as well? IOTT: There is ample parking to the west of the building, there is ample parking in the front of the convenience store, but most importantly there is ample space between the parking that is in front of the convenience store and the fueling stations. Mr. Abercrombie has approximately 15 convenience stores all across the Delmarva Peninsula, so they are very familiar with the internal access and wanted to make sure that we properly spaced everything for the use of the patrons. MOORE: Does that configuration create a beneficial access to the structure for people utilizing the site either for gas station use or for convenience store use?
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IOTT: Yes, it does. MOORE: Alright, the site, have you designed the site to be compatible with pedestrian movement. IOTT: Yes, we have. MOORE: Alright, is there any constraint on the site with respect to either fire equipment or emergency access to and from the site? IOTT: The emergency access is certainly advanta-, much more advantageous than the existing condition and the site will function internally without limitation to emergency access. MOORE: When you went to site plan review again were you mindful of the Ocean City requirements with respect to landscaping and maintenance of the natural areas of the site? IOTT: We complied with all aspects of the landscaping ordinance as well as the stormwater management ordinance with respect to perimeter landscaping with the exception of some of the portions along 52nd Street in which we have a large inlet and exit, ingress and egress, Im sorry, that restricts the landscaping along 52nd Street. MOORE: Alright sir. Is there anything about the height of building that would be detrimental to the use and enjoyment of surrounding properties? IOTT: No. MOORE: Are there adequate utilities and community facilities accessible to the site? IOTT: Yes. MOORE: Now with respect to impact on surrounding properties. A couple things. Do you design a commercial use facility with its site plan mindful of the lighting circumstances that are necessary for both the use of the property and yet, looking toward the unobtrusive nature to the surrounding properties? IOTT: Yes. MOORE: And what did you do on this site? IOTT: We have a limited number of street, site lights. Theyre shown as that one on the fixture, on the site plan, there are three along the 52nd Street side, two along the northerly property line, we also have canopy lighting that will be for the use and enjoyment of the convenience store principally. We have security lighting on the westerly side of the site, labeled as F-2 which will be LED wall packs and then we have the canopy lighting that is, are within both the existing canopy that will be replaced and then canopy lighting within the new fuel canopy.
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MOORE: And the lighting particularly on 52nd Street is pointed toward the site rather than toward the surrounding neighborhood, is that correct? IOTT: That is correct, and we have commissioned a photometric analysis of the lights and that is submitted as a part of this package. MOORE: And concurrent with that, with respect the, Mr. Smith said there was no public access to the rear of the building in the west end of the building, thats a service entrance, is that correct? IOTT: Thats correct. MOORE: But notwithstanding that, is the rear of the property adequately lighted for pedestrian safety and coming and going of customers, day and night both? IOTT: Yes, it is, but its not a, its adequately lighted. MOORE: Right, but again, for the impact within the site rather than on any adjacent properties. IOTT: That is correct. MOORE: Now, with respect to the Conditional Use aspect, and I didnt mean to sound that, but were talking about two (2) gas pumps. IOTT: Four (4) fueling stations, total. MOORE: And we have now, there are, eight (8) fueling stations. IOTT: Correct. MOORE: So were, were, is that a benefit to the impact of vehicular traffic in your opinion using the site for that purpose. IOTT: In my opinion, the, the eight (8) fueling stations are utilized and based on demand in the summer time, theyre insufficient, and the four (4) additional fueling stations will actually make the facility function more efficiently because people will be able to get in and out of the site more efficiently. MOORE: So that even though there are additional stations, people will not be congregated so much as they are now, correct? IOTT: That is correct, and as the site plan depicts, the existing, the western-most fueling stations are essentially against the building, which if there are people that are fueling at those inboard fueling stations theres no way to get between them and the building, so creating internal congestion and the new site plan has corrected those deficiencies. MOORE: And now youve said this a while ago, but you have substantially increased the area for vehicular access to traverse the site even west of the new additional proposed gas facilities, correct?
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IOTT: That is correct, between the westerly edge of the canopy and then the easterly edge of the head-in parking that goes into the convenience store we have approximately 30 feet of clear travel way there, so its very generous for people to be able to, if someone is, if someone is fueling in either of these stations there is over 30 feet between them and an adjacent car. Again, eliminating those internal congestion problems that the existing site has. MOORE: Now with respect to the Conditional Use requirements of the Ocean City Code, is there anything about the additional location of two (2) pumps with four (4) stations that in any way would impact upon any population change within Ocean City? Is there anything that has any relation to that? IOTT: Not that I can see. MOORE: Alright, have you analyzed the availability of public facilities to be utilized for the site, any public facilities that would be required to be utilized on the site and are they available and adequate? IOTT: They are available and adequate. MOORE: Now, present and future transportation patterns, youve already mentioned that but theres also a notation from Rochelle Outten of the State Highway Administration and a comment from Terry McGean, the City Engineer, with respect to the transportation patterns and access to the site, and youre complying with those, is that correct? IOTT: That, that probably bears some deci-, is worthy of some discussion. MOORE: Right. IOTT: When the project was initially submitted, we had only one entrance, one combination entrance and exit on Coastal Highway. That was the one thats on the northerly portion of the site that exists now. When we went through staff review and obtained comments from engineering department, the engineering depart-, there was discussion about creating an exit-only toward the southerly end of the site. At that point, Mr. McGean, the City Engineer, did not object to an exit-only there, he seemed to be, well I dont want to seem to put words in his mouth, but he seemed to be of the opinion that more access would actually be better in terms of allowing circulation. Subsequent to, after that discussion, then we went ahead and put the entrance back in, Im sorry, the exit back in, for the southerly end of the site. These drawings were resubmitted, thats what you have in your existing, in pack, in your package. However, we received information from State Hi-, correspondence from Rochelle Outten from State Highway Administration, that she approved the plan, but the plan that she approved was actually the prior plan. MOORE: Right. IOTT: That was the one that showed only the entrance on the northerly side, so the approval from Rochelle Outten was not based on this plan, it was based on a plan in which this exit-only was not shown. MOORE: Right, but State Highway rules all on that, do they not?
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IOTT: That MOORE: So, if you had to do away with that exit, if you cant convince Rochelle that its an adequate facility for the site, you cant do it. IOTT: We could close that, close that off, but Mr. Abercrombie again, studying the site, this being his business, has also pointed out something that was, is actually very important. The commercial building to the north, immediately to the north of us, Candy Kitchen, has a very low, but very long sign that is on that, immediately on our northerly property line. It actually projects to within a couple of feet of the sidewalk. Its actually very very difficult to see past that sign if youre trying to exit the site through this northerly, northerly exit, and Mr. Abercrombie feels, and I concur that there would be, that people trying to exit the site on the north side could actually create a problem because of the obstructed view from the Candy Kitchen sign. So in that in, in that case, the exit-only toward the southeasterly corner may make the site function more efficiently, but MOORE: And Madam Chair and members of the Commission, for the record, Ms. Outtens comments arrived at City Hall today at 3:30 PM, and Ms. Stroud was kind enough to send me copies of it. I cant resist saying that Ms. Outten concedes the site plan was dated February 8, 2012, but thats neither here nor there, but anyway TAYLOR: Arent they six (6) months ahead of their normal schedule? (chuckle) MOORE: That came in, a tad late for Keith to respond to Rochelle, but, we understand that that is an issue, your, your, yes. Im sorry. SMITH: I was on vacation last week. MOORE: No, Im not talking about you. SMITH: I know, I know, but these plans did not show up until yesterday. MOORE: Oh okay, alright SMITH: She responded very fastly. IOTT: No, no Blaine. She responded based on the plans that were from several weeks ago SMITH: Oh, I understand that, I understand that. IOTT: This exit-only, she didnt see this exit-only, she hasnt seen this exit-only plan. SMITH: Until today. IOTT: She hasnt even seen this.
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BUCKLEY: We, it was not, the staff didnt have it until today. MOORE: Right. SMITH: Well, we had it yesterday, and we had gotten into contact with her today and thats why she responded, and it seriously, her and another State Highway District Engineer BUCKLEY: Right. SMITH: have concerns with that entrance. MOORE: Okay, I apologize if I messed up. BUCKLEY: The entrance or the exit? SMITH: The exit. BUCKLEY: The exit one, yeah okay. MOORE: And, and, you know, we understand that if State Highway says we cant have an exit, we cant have an exit. BUCKLEY: That would be true. TAYLOR: Yeah. MOORE: Notwithstanding yes, notwithstanding the issue of Mr. Abercrombies concern, if Ms. Outten, or State Highway, whoever it is, does not approve that exit, does the north entrance and exit still function? IOTT: Yes, yes it does. MOORE: Okay, alright, and Blaine, I didnt mean to misstate that, I hope you dont think that I did. SMITH: No, no. MOORE: Now, with respect also to the Conditional Use circumstances, one of the, one of the determining factors that the Planning Commission will consider is compatibility with existing and proposed development for the area. Now, the service station, as Mr. Smith said, has been there, actually, Madam Chair, I hate to admit it, it was there when I was in high school, so its been there for 50 years and that is the existing development of the area that were talking about. The service station is already there, so were not intruding upon the neighborhood or the area for a new use that has not already been there. IOTT: Thats correct. MOORE: And been there even before Ocean City zoning even existed, correct?
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IOTT: Thats correct. MOORE: Alright, so given the circumstances that youve talked about with the tightness of the space being utilized as a gas service station, now, and given the fact that were only increasing it by four (4) fueling stations, do you believe that our requested Conditional Use, being only those two stations, those four stations at two pump locations, is compatible with the existing and proposed development for the area? IOTT: Yes. MOORE: Okay, and Madam Chair, I have copied about 25 pages of the Ocean City Comprehensive Plan. BUCKLEY: Yes, sir. MOORE: And with your permission, Ill give this to Mr. Gregory for, just a, an exhibit, I will not read all of them, but I will say to you that if I had to excerpt those matters, it is interesting that in respect to economic development, Chapter 2 of the Comprehensive Plan. Two of the goals and objectives are to promote orderly real estate development that enhances the Town and generates taxes to support required services and the other one immediately following that is to promote redevelopment of properties at locations that are either undeveloped or potentially obsolete. And those are two of the goals and objectives of the Economic Development. The Feature Land Use Plan also has this as a LC-1 District, thats in your Comprehensive Plan and it is also says that as another objective with regard to future land use it says that, there are important issues and challenges, Ocean City and Worcester County are increasingly attractive as year-round places to live, and the trend is to enhance the retail environment and increase the need for year-round services in the Town, and we believe that those are just two excepts which fit our plan precisely. So, I think with that, Keith, unless Ive forgotten to ask you something, I have no further questions. BUCKLEY: Alright does the staff, I mean, does the Commission have any questions of Mr. Moore? We have a question of Mr. Iott. Going over the site plan here quickly IOTT: Yes. BUCKLEY: now the, it appears to me that weve got five (5) parking spaces that are backing on to 52nd Street. IOTT: No. Those spaces have been removed, that is now, that is a loading zone BUCKLEY: Why are we, why are we working a site plan thats not right? STROUD: Dont you have the new ones that came along with, what does it say on the front? BROUS: It says loading zone. STALEY: Im looking on mine, mine says loading. SHANAHAN: C-200.
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BUCKLEY: Oh sorry. STROUD: What is the date on the front please? BUCKLEY: Okay, so thats a loading zone. IOTT: Correct. BUCKLEY: Perfect, thank you. That was my biggest TAYLOR: Its very fine print. IOTT: My apologies for not BUCKLEY: I cannot read it, and I have glasses on. IOTT: Okay, my STALEY: Its like the airplane that was approved that time. BUCKLEY: Seriously, because it looks like its marked for, I guess its other things that looks like its marked for parking spaces, we didnt like the backing out parking, so, okay, just checking. IOTT: And, and, just to, and you are correct, there are still dimension lines that are there. We are potentially going to be pursuing a Board of Zoning Appeals approval for parking spaces there. MILLER: Which we dont like. BUCKLEY: Which we dont want. IOTT: Okay, we now have the sense of, the Planning Commission! (Laughter) BUCKLEY: Well first of all, youve got a narrow street there. I mean, I know they back out there now, but that doesnt make it correct. IOTT: Yep, we now have the sense of the Commission. BUCKLEY: But we, I think there are other design options for you here. IOTT: Right. BUCKLEY: With that, and then are we putting sidewalks in? IOTT: No, we are, were expanding the sidewalk down Coastal BUCKLEY: Where are you putting the sidewalks?
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IOTT: Were expanding the sidewalk along Coastal Highway in that we will have the 60 sidewalk as well as the paver strip. BUCKLEY: So well have 8 foot total. IOTT: Yes, maam, and then we have again the handicapped entrance, either entrance or entrances as requested by State Highway Administration, that is shown. There are no sidewalks proposed for 52nd Street as no sidewalks presently exist. BUCKLEY: Dont you think that would be a good addition? IOTT: The biggest concern, well we have a couple of concerns one is the relatively narrow nature of the street along there, we also are creating stormwater management infiltration there to redirect any potential spills from the pad on which the, the fuel stations are placed, into an area where that could be contained, so thats what this ESD practice is thats on the southerly property line. BUCKLEY: Um hm. IOTT: If its the desire of the Commission to have a sidewalk there, we can rework the stormwater management accordingly. MILLER: Keith, how many residents are west of the gas, of this proposed site? IOTT: 26? How many residents are west of the site? MILLER: Not south, but west. UNIDENTIFIED FROM AUDIENCE: 22 to 25, something like that. IOTT: West, correct. South obviously there are many and theres, there are no entrances to Warren Mobile Home Park from what I understand, on 52nd Street, so there are, its less than 30 residences. (Commotion from the audience, apparently regarding no entrances to WMHP on 52nd Street) BUCKLEY: I think so, Im pretty sure theres an entrance, yeah. IOTT: Is there an entrance on? Okay, I was under the impression there was none. MILLER: My question is weve got 20 plus residents behind you on 52nd Street. IOTT: Correct. MILLER: And there are no sidewalks currently on 52nd on either side, if Im not mistaken. IOTT: Thats correct.
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MILLER: I think if were going to redevelop commercial weve got to look at accommodating sidewalks to move people from those residences in the back forward IOTT: Okay. MILLER: in a somewhat of a safe fashion, I mean, thats been part of what weve been doing ever since Day 1 BUCKLEY: Right. MILLER: is if were moving from people from the west side to the beach, lets do it in a safe fashion. Theres going to be a lot of traffic on this road, I mean, youre increasing the gas by 50% IOTT: Um hm. MILLER: which is, you know, a significant number, youre taking out the repairs, which I understand, which will decrease some, but I think we have to accommodate 52nd Street because it is so narrow and at least be very concerned about it. IOTT: We can certainly accommodate sidewalk along that area. That, if I may, that does take away the potential for some of the landscaping that we were trying to do; we can certainly accommodate the landscaping elsewhere, but, to the extent that we would put sidewalk along 52nd Street, it would be very very difficult to create any landscaping along 52nd Street, given the narrow nature of the parcel. MILLER: But there is no landscaping there now at all? IOTT: Correct, correct. MILLER: Theres no sidewalk. IOTT: The sidewalk takes away, and so its a balance do you landscape in accordance with the landscape ordinance or do we provide the public service of the sidewalk? I agree that the sidewalk would be advantageous, but the landscaping is unfortunately going to suffer. MILLER: I understand. TAYLOR: Well given that your elevation shows a Goose Creek and a Subway one would assume that means that people would walk there to get things to eat and drink, so IOTT: And, and BUCKLEY: We would mean people to walk there. IOTT: Sure. Okay, a very valid point BUCKLEY: As opposed to now where theres a service station where you wouldnt necessarily walk.
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TAYLOR: You get gas and go. IOTT: All valid points, I have no problem, we can certainly accommodate sidewalks, and I think that would be a good addition to the plan. MILLER: Yeah, and what I like, I mean, I do like the second exit on, it works the same as the Exxon does at 85th Street, which does alleviate a lot of traffic off 85th Street. Anyone heading south pops out onto Coastal Highway, and I dont know how State Highways going to look at it, but that does work a lot better. IOTT: If it would be possible to get a, to a get a feeling, or the general impression of the Planning Commission and I could have the same conversation with Mr. McGean, that may help in the discussion with Rochelle as to whether that exit is permitted, that exitonly. So if after these deliberations the Commission feels that an exit-only would be advantageous, then Id certainly love to be able to present that to Ms. Outten. MILLER/BUCKLEY: Okay. SHANAHAN: I definitely agree with you, Peck, on that issue. BUCKLEY: Um hm, yeah. STALEY: I do too. SHANAHAN: Because the Wine Rack youre describing on 85th, its a very similar set-up to this. BUCKLEY/MILLER: Right. SHANAHAN: And a MILLER: And not a real wide road there at 85th Street, either. SHANAHAN: Correct. BUCKLEY: Yep. IOTT: Its essentially an identical condition. MILLER: Right. IOTT: I hadnt considered that. BUCKLEY: But theres sidewalks. IOTTS: And there will be here. BUCKLEY: Okay.
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MILLER: And the key here is to minimize the congestion on 52nd Street and help direct it, I think, a little bit more effectively if we can. IOTT: Agreed, and thats what we attemped to do, to channelize, to channel it to the west before they queue back to the east. BUCKLEY: And thats what, if you need this parking, I mean, you could do it coming in this way where youre not backing into the street, which I think would, is an issue as well. STALEY: You dont want that. IOTT: Yep. BUCKLEY: For the residents there, so, okay, any other questions of the applicant? Alright, thank you sir. COSBY (FROM AUDIENCE): Can we ask questions of Mr. Iott? Or do we do it different? BUCKLEY: I was going to let, yes, you can do that. I will allow you, let me, would you please step forward first, I just would like to get the opposition on the record before we start asking questions. COSBY: Im just one of them, but. Im Pete Cosby BUCKLEY: I understand, but Id like to get the, now were going to have discussion from the opposition. COSBY: Actually its just cross-examination. I didnt know if you wanted to do it that way or not, Ill do it however you want to do it. Id like to question Mr. Iott. BUCKLEY: Okay, go on and question Mr. Iott. Thats fine. COSBY: I thought it might be easier and more functional that way. BUCKLEY: You go for it. COSBY: Pete Cosby, Ocean City, Maryland, representing Warrens Park. Keith, just so I understand, I have the old plans, so I didnt know what was going on, but my understanding of the dialogue is that this entrance right here, youre trying to put back in, but the State hasnt approved it yet. IOTT: The State Highway, the approval that we received from State Highway today, just to be as clear as I can COSBY: They gave you an approval? I didnt get it. IOTT: No no, hang on. The approval that we received was based on the prior submission that did not have this exit indicator. COSBY: Right.
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BUCKLEY: They know nothing about this one. IOTT: They know nothing about this exit, and I just want to make sure thats very clear. COSBY: I understand the facts. So this is gone, this parking here IOTT: Thats correct. COSBY: for tonights discussion. IOTT: Correct. COSBY: Back here in the back, this is parking back here, is that right? IOTT: Yes. COSBY: My plan shows parking there. So customers can come back here, go in here, and park here. IOTT: That would be a possibility, yes. COSBY: And here, is that correct? IOTT: Yes. COSBY: And then they would come out this way. IOTT: Thats correct. COSBY: Traffic will come in from the north this way IOTT: Yes. COSBY: come in this way, come in the fuel stations, now I have a dark copy that has a black here, I couldnt see what was under here but, each one of these fuel stations, how many cars can park on this side and get gas at the same time? IOTT: There are, in the existing, there are four (4) total pumps, multi-product dispensers, each of which can accommodate two (2) vehicles, so the existing, theyre eight (8) fueling stations, the proposed COSBY: Let me get this straight. Looking at your plans, this is a fueling station. IOTT: Correct. COSBY: Two cars can get served by that fueling station? IOTT: Thats correct. COSBY: And two by this one.
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IOTT: Yes. COSBY: Two by this one. IOTT: Correct. COSBY: And thats what youre proposing here, on this plan, is two here, one here, one here, one here, one here, here, here, here, and here, is that right? IOTT: Correct, that is the existing. COSBY: Okay, and then youre going to add, one, two, three, four, five, six fueling stations? IOTT: No. COSBY: How many cars can you park there? IOTT: One, two, three, four. COSBY: Four more cars can get served there? IOTT: Correct. COSBY: Okay, alright. So, under the code, what is a service station? I hear this talk about, all were talking about is these fuel pumps, but isnt the whole project a service station? Isnt the store and everything a service station? IOTT: No. COSBY: Okay, how do you explain that, what do you mean? IOTT: Because the store could exist as a retail establishment as an inherently permitted use within the LC-1 if there were no, if there were no fuel stations. COSBY: But the people who are paying for their gas, unless theyre paying for a credit card are going to walk in the store and pay for the gas. IOTT: That could occur. COSBY: Isnt that a classic filling station, service station? IOTT: That could occur, certainly. COSBY: I mean, thats whats going to occur, isnt it? BUCKLEY: But thats not, thats not our IOTT: Well, again, the store is an inherently permitted use.
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COSBY: I understand that, but youre selling gas with this store, therefore this is a service station. IOTT: No. STALEY: I dont IOTT: These are fueling stations, this is a retail establishment. COSBY: We can have a discussion about that later, thats law stuff, but under the code, were here to, automobile filling stations under Section 20 of 110-514. You can have an automobile filling station or an automobile service station in this zone under the Conditional Use. BUCKLEY: Service station means when they are actually changing oil and servicing a vehicle. COSBY: Okay, so this is a filling station. BUCKLEY: Currently, currently, currently, but were not, were doing a proposed situation. COSBY: I understand, I guess Im just getting the point on the record, its just law stuff for lawyers to argue about, but I dont see how you can say that this building is just a convenience store, it is a, I would guess, an automobile filling station, because youre not going to have service there anymore. Do you agree with that? BUCKLEY: Well, yes, well we are doing the fact (pause), I mean, I think youre apples, you know, six one, half dozen of the other because he has to have a Conditional Use to run the gasoline pumps, period. COSBY: Thats correct, like I say, hes changing the existing Conditional Use, now hes turning it into a new Conditional Use. Hes expanding the fuel facility, hes moving the pumps, hes rearranging the whole operation. BUCKLEY: But hes also getting rid of service COSBY: Okay BUCKLEY: which is a higher density use, technically in zoning. COSBY: Were asking that question next. FRANKENBERGER (FROM AUDIENCE): You ask that question. COSBY: Let me ask that question. BUCKLEY: Sir, I need you to stop commenting on everyones comments, please? Thank you. Yes, sir.
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COSBY: The, the, as the use is right now, its an automobile repair facility. Do you think that generates less or more traffic than a convenience store is going to generate on the site? MOORE: Im going to object because I think Pete is presuming. Heres the thing. If we didnt add two gas station pumps, we would not be here for Conditional Use approval. Blaine has said that, that is a fact. Pete can do what he wants with respect to spinning a convenience store into some kind of filling station. It is not, its a convenience store, its a principle permitted use, those are existing pumps BUCKLEY: Right. MOORE: were talking about the difference in the fueling stations that are now and the fueling stations that are going to be there later. If we didnt have them, we would still have people buying gas from this facility. Pete, respectfully, you you COSBY: I respectfully disagree with you. MOORE: Okay, alright, well Ive made my point and you COSBY: If you came in here, and this is all law argument, but if you came in here and kept the number of pumps you have now and built a convenience store there without getting a Conditional Use approval, Id appeal it to a court in an instant! MOORE: You have at it! Take your (indistinguishable) home and holler when youre ready! COSBY: And thats what Im creating a record for right now. MOORE: Okay. COSBY: This is a filling station, and the evolution of filling stations has now evolved into a combination WaWa, convenience store/filling station. And any court of law is going to see it that way. You are serving gas as a come-in to a convenience store, but Ill let it go and move on. BUCKLEY: Thank you. COSBY: Thats just argument for lawyers. TAYLOR: Blaine or somebody, clarify it for me. If they came in, not asking for an increase in the Conditional, the capacity of the Conditional Use. If they came in with a site plan for a convenience store on the same location SMITH: We would handle it administratively as a site plan review, not as a Conditional TAYLOR: We would get it as a site plan review. BUCKLEY: Right.
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SMITH: not as a Conditional Use. TAYLOR: But the site plan would be for a convenience store. SMITH: Yes. BUCKLEY: Correct. TAYLOR: But a convenience store doesnt sell gasoline. A convenience store sells food and other things. It doesnt sell gasoline. STALEY: It could. SMITH: A filling station is what theyve applied for the Conditional Use. TAYLOR: Yeah, for a filling station. SMITH: Yeah. TAYLOR: So, does, if you add SMITH: Which it already is a service TAYLOR: service to a filling station, does that, a convenience store to a filling station, does that make the convenience store a filling station? SMITH: Not in my opinion, if it, you know, the fact theyve got gas, and they want to put more gas requires it to be a Conditional Use as an expanded filling station. The convenience store that comes with that, you can say is part of the overall operation, I think thats what Petes trying to say. As part of the operation, I think you would take that in advisement. BUCKLEY: I think thats how we are looking at it, because were looking at the site plan along with the Conditional Use. SMITH: Yeah. BUCKLEY: Now what, depending on the way our zoning is written, and how it funnels down, were still looking at the whole thing as one operation. SMITH: Yeah. BUCKLEY: To make sure it functions properly. TAYLOR: But, hes reading the Code, and again, you know, Im we have a service station that has a service facility, its the old fashioned model of the service station BUCKLEY: Right. TAYLOR: theres a service area and theres a fill, theres gas service. Now theyre taking away the service function of it, so now were just selling gas.
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SMITH: Which is a TAYLOR: And according to, I dont know, Pete can you read that again, what is COSBY: Its Code Section 110-514 sub-paragraph 20, which is advertised as the authority for tonight and it approves automobile filling stations and automobile service stations as Conditional Uses. SMITH: Right. COSBY: And I would go further and say that since this is not presently an automobile filling station, its an automobile service station, that this is a whole new ballgame here. This is now becoming a filling station from what was previously a service station, and both of those terms are used in your Code. TAYLOR: Do we have the definition of convenience store? SMITH: We do. BUCKLEY: I have no issue, I have no issue looking at the whole thing as a Conditional Use. SMITH: The definition of a convenience, carry-out food store is an establishment which sells packaged or prepared foods and beverage and other convenience items for consumption off the premise and where no seating is provided. TAYLOR: And weve got seating here. SMITH: Right, well, thats the definition of a convenience, carry-out food store. The reason why we have that definition as compared to a restaurant where you do have seating, thats the only difference. Restaurant has seating where a con, carry-out store normally does not have seating. What we see nowadays, I think the term WaWa had been mentioned, and we have Royal Farms Stores, some of them are providing seating now with their convenience stores. And so they have their parking charged off as restaurant parking for this seating area and that food preparation, theyve, its actually a type of restaurant internal to the convenience store. TAYLOR: Does this have restaurant parking? SMITH: Yes, for that restaurant area, it does. MILLER: Not for the entire SMITH: No, the retail does not, but the, where they have the tables and the prep area and the kitchen area for those, like lets use the word Subway, they have parking as though it were a restaurant for that portion of the building. MILLER: Well, then I have a question, if you have Fagers, where they have their store, their t-shirt shop. Arent they charged off as parking in that facility?
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SMITH: As retail-type operation. MILLER: Oh its for retail, not for restaurant? SMITH: Right, right. MILLER: So it is differentiated in each building itself? SMITH: And the Code has the terminology that you have mixed use, that you take the tabulation for both use and then the total is based on the tabulation for each separate use. MILLER: Okay. SMITH: Now in some case, for example, a motel that has like, sundry shops and things like that, theyre actually computed separate but then theyre given reductions based on it being in a hotel with 50 or more units. So theres different ways that parking is modified for mixed use project. COSBY: Madam Chairman, I did have a couple more questions for Mr. Iott. BUCKLEY: Yes, sir. Go right ahead Mr. Cosby COSBY: (indistinguishable), Im sorry. Keith, you suggested that the traffic configuration is adequate on this site. IOTT: Yes. COSBY: And Im looking at it with common sense, my own version of it which sometimes is not common, but wouldnt you agree that people, the public are going to come in the north entrance, usually, most cases, might come in from the light this way. IOTT: Correct. COSBY: If theyre coming from the light this way theyre going to come in this way down 52nd Street, right? COSBY: They come in this way, they can come in here and go here and go park. IOTT: Correct. COSBY: These people are going to be backing out into this zone here when people are coming in here, out of these parking spaces. IOTT: And thats a very generous aisle there. COSBY: Okay, alright. IOTT: Thats an approximately 40 foot aisle. From my calibrated fingers here, thats approximately 40 feet from the back of those parking spaces to the edges of the fueling station, which is very generous internal circulation.
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COSBY: Would you agree with me that this plan is going to generate a lot more traffic on 52nd Street when its built than the existing facility? IOTT: It may. COSBY: Do you agree with me that the convenience store and restaurant aspects of this new project are going to greatly increase the traffic on 52nd Street and the people coming and going on this site? IOTT: I dont know that I would greatly increase it. COSBY: You dont think so. IOTT: There will hopefully be more traffic generated, yes. COSBY: Yes. How wide is 52nd Street? IOTT: 30 feet. COSBY: And how wide are most east-west side streets in Ocean City? IOTT: 50 feet with 20 foot parking taken up with head-parallel, or head-in parking. COSBY: Right, so this is already a substandard east-west street for Ocean Citys side street standards? IOTT: Again, many of the, the majority of the 50 foot wide rights-of-way in Ocean City have 20 foot deep head-in parking. COSBY: Okay. IOTT: So the effective travel way in the vast majority of the cross streets in Ocean City is 30 feet. COSBY: But this has nothing but the 30 feet, thats it. IOTT: Thats correct. COSBY: Okay. The sidewalk, if you build them, where will they go, into the landscaping areas being shown. IOTT: Yes, yes. Sidewalks will come across here and then we will reconfigure that area. COSBY: Would you agree with me that the queuing area out of the proposed south exit, if its approved, if you get it from the State is not much when you have a light right here. Isnt that why the State doesnt like that exit area there? IOTT: The State Highway Administration is, will be the ultimate determiner of whether that exit is permitted.
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COSBY: Would you agree with me that as a professional youve expressed traffic opinions, is it the queuing problem right here with that light there? IOTT: There is a concern with this exit if somebody chooses to go across four lanes of traffic and get into the left hand lane, yes. COSBY: Or to come to the light and stop, or to get in the bus lane and get in the way and not have the room to maneuver here, you would agree? IOTT: I agree that there are potential pitfalls associated with that exit. COSBY: Thank you, and that means in all probability and common sense and practical application, most people are going to wind up going out on 52nd Street, taking a straight shot at the light, and getting out of here. IOTT: Or we have a 37-foot wide entrance onto Coastal Highway. COSBY: Some people may back out here and make a U-ey and pull out that way, some people may back out here and go that way, thats true. Okay. Thats all I have, Mr. Iott, thank you. BUCKLEY: Okay. I had a question, I had a statement, I know I did. On the, well the one thing that I think two of my commissioners, fellow commissioners, have made a comment on how similar this is to 85th Street, and we see the small exit-only that you have here on the site plan IOTT: Yes. BUCKLEY: works with 85th Street, you know, its not necessarily utilized in the summertime in the height of the season, but even during some other times with, just for some extra, differentiation I should say, or for people that would go to the parking, the light and just go straight south, and this one will, you know, wait and make its turn, but you know, as you said, the State Highway will make that final determination. COSBY: Madam Chairman, I forgot one question, you mind if I cut in one more question for Mr. Iott? Its kind of important. BUCKLEY: Okay. COSBY: Mr. Iott, can that dumpster be moved from that westerly corner up to the midblock where you put those parking spaces out? IOTT: The dumpsters are going to have to be shifted to accommodate a sidewalk going to the westerly property line anyway. That may be something we take into consideration. COSBY: So theres a possibility the dumpsters, this is not the absolute location for that dumpster, site conditions may demand otherwise.
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IOTT: No, I dont know, I wouldnt say thats the case. This is the, from the operational standpoint this is the ideal location for these dumpsters. COSBY: Will the City accommodate you for any onsite location for the dumpster if its away from the Isle of Wight side and that street side there or is the City requiring you to put the dumpster on that street? IOTT: The City, the Solid Waste Division has reviewed this plan as part of the Technical Review Committee process and they are, they agree with this access to the dumpsters because the way they will operate, they will come down 52nd Street, dump the two dumpsters, back up, its a very shallow approach, so they wont completely block 52nd Street, then theyll go to the end of 52nd Street and make the rest of their runs, turn around in 52nd Street as they do now, and head back to the east. So Public Works, which is the department that will have to function COSBY: I acknowledged that they approved that IOTT: Correct. COSBY: have you discussed with them putting the dumpster on an interior position, more to the north on the lot? BUCKLEY: Thats what I was going to ask. IOTT: The (indistinguishable) like that, and based on my past experience, they would rather not have, they would rather minimize their requirement that they go onto private property COSBY: Im well aware of that IOTT: If I may finish, if I may finish! BUCKLEY: Okay people! IOTT: It BUCKLEY: Relax. COSBY: I didnt know you were still Keith, I apologize. IOTT: Okay, no. The, this is the ideal location from an operational standpoint, if you would like to suggest something, I could take it up with the client. COSBY: Thats a good question because my clients would rather not have a dumpster across the street from their trailers to hear the noise, if theres something that can be done there, thats why Im asking the question. IOTT: Okay, the City typically, Solid Works, typically, does not like anything where they have to go deep into a site STALEY: Yep.
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IOTT: because then they have to back out of that site, and the backing out through, for instance if we were to place these dumpsters back here, back toward this portion, they would have to come all the way into the site, then they would have to back out approximately 60 feet and then be backing onto 52nd Street, and in my opinion that would be a least desirable position. COSBY: Im only seeing one dumpster on your plan here, are there going to be two dumpsters? IOTT: They actually, and again, that was a part of the, after staff review, Technical Review Committee, Solid Works Solid Waste asked us to put out a cardboard container as well, so there are two containers that are shown on this plan if youd like to see this. COSBY: Alright, Im looking at the old plan. IOTT: Yes, sir, you are. COSBY: Madam Chairman, thank you. BUCKLEY: Okay, Commission have any comments or questions for Mr. Iott or any, Mr. Cosby? TAYLOR: The plan does indicate a dumpster screen there, theres a 6 foot fence of some kind? IOTT: Yes, maam, yes, maam. BUCKLEY: Yeah. IOTT: And we have also, in consideration of a concern that was raised by one of the adjacent property owners we are proposing a fence along the westerly property line, that is shown on the plan there. BUCKLEY: And that will be 6 to 8 feet? IOTT: 6 feet yes, and that will be a solid board fence, not dog-eared, it will be a nice fence. There was apparently a concern raised by the adjacent modular home and we felt that that was a reasonable request. BUCKLEY: Yes, sir. MILLER: Keith, the parking in the back is required parking, right? IOTT: That is correct. MILLER: I am a lot more comfortable putting the dumpsters up against the building on an angle, because theyre not going to use the cardboard one, then have them sit out in the parking lot, you know, west of the building. So the area that you had as a loading zone, my recommendation would be to try to move the dumpsters. I understand the City
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does not want to back up, Ive been through that many times. But at least its up against the building, it could be landscaped, fenced off, cleaned up a little bit there, and then the parking lot could just be a parking lot which quite honestly its probably not going to get used as much as the front. And my concern is to minimize, to make it very accessible back there to use that, but to minimize the impact on 52nd Street, period. IOTT: Okay. MILLER: So I would like to see a sidewalk, Id like to see the dumpsters through the sidewalk, south of the building if possible. I mean, I dont know if thats possible, but if you can do it, and kind of consolidate all that in one area, I think it will also be quieter there, as opposed to being set out in the middle of the parking lot. BUCKLEY: And youll pick up, you could pick up two parking spaces. IOTT: Valid points, um. TAYLOR: But the thing is he wanted that, he was going to go in and get a variance for that to be parking. MILLER: I prefer not to see people backing out on 52nd Street. BUCKLEY: Yeah, I think thats just, youve got people backing out, youve got the dumpster people backing out over the driveway into the parking area. STALEY: Yeah. IOTT: Okay. STALEY: Dont want that. BUCKLEY: Um, some comments. Alright SHANAHAN: I cant see BUCKLEY: Go ahead, go ahead. SHANAHAN: I was just saying I cant see many people parked in the back there besides maybe employees. BUCKLEY: Right. SHANAHAN: Customers wouldnt park back there. BUCKLEY: Not if they have another location, but if they dont, they may park there and take the little sidewalk up to the front. This is going to get a lot of walk travel as well, as opposed, its not going to have the, you know, a lot of students who do not have vehicles or dont take them so, I probably would suggest a bike rack actually, onsite. IOTT: We could accommodate that.
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BUCKLEY: Im all for putting bike racks in, too many of them get stolen, but anyway, yeah, the, okay, anyone, let me, you may sit down Mr. Iott. I am opening up the floor to people that have comments on this application in a positive nature. Please step forward. DAGOSTINO: Hi, my name is Art dAgostino, Im at GREGORY: Raise your right hand please. Do you swear to tell the truth, the whole truth, and nothing but the truth? DAGOSTINO: yes. GREGORY: Could you state your name and address please? DAGOSTINO: Art dAgostino, Im the adjacent landowner at 104-52nd Street, and I just had some general questions. You had mentioned about the lighting plan and impact that was F-2 in the back on the west side of the building? IOTT: Correct. DAGOSTINO: Now how will that be directed to minimize light pollution from the facilities that reside near there? IOTT: Those are commonly known as wall-packs DAGOSTINO: Right. IOTT: which do tend to shield the light down, and we have generated a photometric, say that three times fast, diagram that shows the light levels from the fixtures and this is the fixture plan that shows the fixtures that are proposed, and then this drawing shows the footcandles, this is the same configuration, this is the building, and youll see at the westerly property line we have either zero or .1 footcandles, those are footcandle measurements at 3 feet above. DAGOSTINO: Okay. IOTT: So there would be no light spillage onto the west property line based on this photometric study. DAGOSTINO: Thank you. MILLER: Keith, just to say real quickly, the way were looking at lights now, is youre not even going to see the light bulb. HOUSTON: Right. MILLER: There wont be any light bulb BUCKLEY: To be seen. MILLER: seen by any neighbor. Its all shooting down, so its shielded.
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IOTT: Okay. MILLER: Where you may have to be part of that more light out, or some light on the outside of the property shooting in, a next-door neighbor is not going to be able to see the glass part of a light bulb. HOUSTON: Its in our new ordinance. MILLER: So your wall pack that youre talking about is probably not going to pass. IOTT: Okay, well then we would have to go to more of a bullet-fixture which will direct the lights down. MILLER: Its shooting down, so hes not going to, as a neighbor, hes not going to see a light bulb, even if its off. BUCKLEY: Correct. Weve been working on our lighting issues and making sure that no lighting goes on to any neighbor and that youre not looking at a light bulb. IOTT: How do you handle a pole light, where, a pole light by definition is 20 feet above you. If you look up, youll see the lamp. It can be a shoebox fixture, it can be a cut-off fixture, but youre still going to look up and see the lamp. MILLER: And a shoebox fixture is what we were approving. IOTT: And thats what I said, a shoebox fixture MILLER: If you tilt that thing this way, itll be a shoebox like that. IOTT: Youll still see the lamp. MILLER: Im just telling you. IOTT: Okay. MILLER: Ask Blaine, weve been going through the codes. IOTT: We can certainly steer away from the wall packs. BUCKLEY: Thats how were working. (SIMULTANEOUS COMMISSIONERS COMMENT) TAYLOR: Youll only see the lamp if youre standing under it. MILLER: Its the Rivendell, Riven-, okay? IOTT: I got it. BUCKLEY: But not from a neighbor looking at it, or from, or that sort of thing, so youre not seeing this bright
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IOTT: Okay, Im sorry, okay. SMITH: And you used the term LED, its much more brilliant in nature. BUCKLEY: And that we will have to discuss. IOTT: We could go the traditional metal halite or mercury vapor; you know, the LEDs are just much more energy efficient. MILLER: Well you could use less wattage, but I think the key is that these are going to be shielded lights. Almost everything commercial thats coming in front of us right now is gonna, is not be, if you go up to Coral Sea BUCKLEY: Coral Sea. MILLER: is it Coral, whats the one behind, no, whats the one behind the Exxon? BUCKLEY: Captiva Bay. MILLER: Captiva Bay. You walk underneath that condo, thats not going to ever happen again. And thats a light dropped down, like a wall pack stuck up on the ceiling is what it is. IOTT: Okay. MILLER: So what youre going to do, its going to be shielded on the sides. IOTT: Okay. MILLER: And thats to keep the glare from these guys, as neighbors. IOTT: Yeah, again, but anything thats above you MILLER: I understand. IOTT: if youre looking, youre going to look up and see up. STALEY: Why would he bring that up? MILLER: I understand. BUCKLEY: Who? IOTT: Discussion for another matter. MILLER: Yeah. IOTT: Certainly we can go to a bullet-type fixture rather than a wall, a wall pack, but the shoebox fixtures, I just dont know from a practical standpoint how you dont see the light.
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MILLER: Okay. BUCKLEY: Okay. DAGOSTINO: A couple of things that I wanted to bring to the Planning Commission that you may be aware of. The existing Warrens tract, just to give you some reference, weve owned that ground since 1962, and we bought it from Calvin Warren, and that ground was an oil transfer site at one time BUCKLEY: Okay. DAGOSTINO: and what they did is they brought oil tankers in there, discharging into tanks and occasionally that oil dripped on the ground as they pulled the trucks out. I think it was about 10 years ago Ocean City put a new water line in on 52nd Street. I came down and much to my chagrin, there was a big hole in front of our place with cloth, absorbing towels in it, and they had found oil there, and that oil was tran-, was isolated to that oil transfer site. And you, the Maryland Department of the Environment was there, and they were questioning all the landowners around there about that oil, and my mother was one of the only ones that remember, because that was an oil transfer site, so that needs to be taken into consideration is that ground is disturbed in that area because there has been an oil sheen that dumps into the lagoon right there on occasion. You get a 100 year storm or a 200 year storm in there, and you get all that water running off, you will have oil, actually on the top of the surface there. Theres a big pooling area, theres a shed on the ground right now to the west side of there. Its a utility shed that Marks used. That area during heavy rains fills with enough water in there to allow ducks to swim in there and youll see a sheen of oil on top of that water in there, and I understand that there were issues this past summer where I think that Public Works or Department of Environment was there this summer looking at the water that was going over the spillway into the lagoon. Now I know theres a proposed detention area there and my question about the detention was what is the rate of water turnover in there, because most of those ponds hold water, they detain it to allow the sediment to come out before they discharge the water. And I guess my question is how long is that rate going to be so we dont run into a vector problem where all of a sudden we may have mosquitoes and other things that we dont have because of that water being in that vegetated area. IOTT: The stormwater management design is in keeping with the new State of Maryland environmental site design criteria, and the days of the former wet ponds, the mosquito breeding ground? DAGOSTINO: Um hm. IOTT: That is history. There will not be a wet pond on this site. You wont see wet ponds anymore. DAGOSTINO: Okay. I guess, the other question the 6-foot fence, is that on the plan now? IOTT: It is on the plan, and if I may show you
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BUCKLEY: 6-foot high wood fence, all the way across the west side. IOTT: Now there are, theres an existing cable pedestal, telephone pedestal, and electrical pedestal at the corner that presumably are for this unit, and so the fence would have to stop short of those because DAGOSTINO: Right. IOTT: it appears to be right on the property line, but were showing that fence coming to within a few feet of those pedestals. DAGOSTINO: Okay, and what is the percent of impervious surface that youre looking at now with the new IOTT: Were in conformance with both the State of Maryland guidelines as well as the Town of Ocean City requirements as we are, we have about 15.6% plantable area DAGOSTINO: Okay. IOTT: in this site. DAGOSTINO: So basically about 85% of the area is under impervious surface. I mean under the way its proposed now. IOTT: Not necessarily impervious, its not. There are a large percentage of the site that are covered with either pervious concrete or a paver system which allows infiltration. DAGOSTINO: Um hm. IOTT: The 15.6% is specific to plantable area. DAGOSTINO: Just as a general question, the block that youre using back here to mitigate the impervious surface area IOTT: Correct. BUCKLEY: Um hm. DAGOSTINO: you dont run into issues, Im on the Planning Commission up in Pennsylvania, and weve run into liability issues with these being used in here because of people tripping in there because of the surface area of the block, and I was just wondering if youve ever run into that. BUCKLEY: I havent heard of that. DAGOSTINO: Maybe people from Pennsylvania cant walk. BUCKLEY: Were all sand here so everythings kinda low! (chuckle) Not a mountain, or a hill, or a pine tree. Well, we do have some pine trees.
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DAGOSTINO: Okay, now everybodys beat the dog to death, and one of the big concerns we had were traffic coming in and out of here. Theres already a queuing issue on 52nd Street during the summer. One concern we would have is, I dont know what the rating of the traffic light is at 52nd Street, but with people going eastbound and westbound, going back and forth to the ocean. That traffic light now, the indicator on that light, you can barely get across during the summer because of all the traffic cutting across in both ways through there. So I dont know what the rating is on that, and whether this new station will impact that area, but that is becoming quite hazardous and I know Ocean Citys done a really good job where they want people to do the crosswalks and its becoming very difficult to make it the whole way across there with the amount of traffic thats circulating through that intersection, and thats all I have. MILLER: What side of the street is the crosswalk? DAGOSTINO: Its on the north side. MILLER: Its on the gas station side as they cross. IOTT: Correct. MILLER: Thats why we want the sidewalk there. Okay. BUCKLEY: And you are directly behind the parking lot. DAGOSTINO: Yes, yeah, if you look at the plan now where it says Arthur DAgostino thats me. BUCKLEY: Right, thats you. DAGOSTINO: Yes. BUCKLEY: So everything weve discussed tonight makes sense to you? DAGOSTINO: Right, I mean, we have no opposition, what we didnt want was to have this be a deleterious affect on our property through there. BUCKLEY: Right. DAGOSTINO: You know, looking at the fence, the minimizes the lighting in the back, something that you guys cant really control is, and they have it now with the existing station, we have a lot of patrons that park in those areas that are going to an establishment up the road from us, that when its peak season, we have people parking in our area and Im just wondering how theyre going to mitigate that back here to prevent this being used as an ancillary parking lot for one of the establishments. IOTT: (indistinguishable) Seacrets. (chuckle) BUCKLEY: Okay. Well thank you so much, we appreciate your comments.
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DAGOSTINO: Thank you. BUCKLEY: Okay, any other people, any other, I cant even think comments in um, whats that word? BROUS: Opposition. BUCKLEY: No, in agreement with the proposal? DEAN (FROM AUDIENCE): I just want to ask a question, being youre adding BUCKLEY: I need you to step up here and be sworn in, sir. GREGORY: Sir, could you raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? DEAN: I do. GREGORY: Can you state your name and address please? DEAN: My name is Jerry Dean, I live at 222-52nd Street. With adding more pumps are you going to have to put in more tanks? BUCKLEY: Uh, no. DEAN: No, size of the tanks that have been there? ABERCROMBIE (FROM AUDIENCE): Do I have to be sworn in to answer? BUCKLEY: Yes, if youre going to give testimony I need you to step up and be sworn in. GREGORY: Sir, do you swear to tell the truth, the whole truth, and nothing but the truth? ABERCROMBIE: I do. GREGORY: State your name and address please. ABERCROMBIE: Michael Abercrombie, 138 Old Landing Road, Ocean City. The existing tanks there, I believe theres two 10s for unleaded, a 10 for super, and a 6 or 8 for a diesel, I believe. All the tankage would remain the same, to answer your question. DEAN: They dont show on the drawings, do they? ABERCROMBIE: Well, where it is right now is where it will stay, nothings changing on the grounds there. DEAN: Thats all, thank you. BUCKLEY: Thank you sir. Anyone else have anything in favor of the application?
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FRANKENBERGER: Mel FRANKENBERGER 208 W. 52nd Street. GREGORY: Sir, could you raise your right hand please? FRANKENBERGER: Absolutely. GREGORY: Do you swear to tell the truth, the whole truth, and nothing but the truth? FRANKENBERGER: Yes, sir, I will. Maam, Im going to sit down, I have a neurological my legs. BUCKLEY: Thats fine. GREGORY: Sit right there. FRANKENBERGER: Its very proper to say that his in-laws live right next to me on West 52nd Street. Okay? BUCKLEY: Whose in-laws? ABERCROMBIE: Mine. FRANKENBERGER: Mr. Abercrombies. BUCKLEY: Oh okay. FRANKENBERGER: Ive played with his children, I swim with them, I crab with them, and theyre wonderful children, okay. But the concern is you have a mechanical shop, and yous gonna have to decide from between if youre going to take that building down, which yous go down there, tonight, and you look on the roof, because I worked for the man. You have cinderblocks on the roof, take the building down. This man knows how to run a business. Goose Creek is, hes done wonderful, right? But you know what? You have to consider us and these children. His children and us with traffic, right? And this gentleman back here who lives right behind it you consider us, because we live there. BUCKLEY: Yes, sir, thats why we have a public hearing. FRANKENBERGER: Exactly, and thats it. In and out traffic, backing up with dumpsters, I dont believe we should even be talking about dumpsters tonight. Lets get the building down, its condemned, but it should be no more mechanical work being done there and tow trucks running in and out to go on a police call. Make it a convenience store-gas station, thats it. Ive been in the gas station business, I understand it, but it was a gas station. We repaired cars, thats gone. BUCKLEY: Right. FRANKENBERGER: You know, you think about us, we pay the taxes, we pay the taxes here. BUCKLEY: Yes, sir.
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FRANKENBERGER: When the seasons off, guess what, Mr. Abercrombies still going to run it, he knows how to manage a business, but think of us, thats it. You know, when Mr. Webb wants to come walking down the street, this gentleman back here, we dont want to have to worry about getting running over, and we dont want trash blowing down the street, because his in-laws and his children play on that street. BUCKLEY: Okay. FRANKENBERGER: Think about it, when you make your decisions, have a conscience, have a conscience. Thank you. Im going home. BUCKLEY: Alright, anyone else have a comment in favor of the application? Alright, now well open it up to opposition. Does anyone have any opposition comments to the application? Mr. Cosby? COSBY: Yes, a couple questions for the applicant if I may, I guess because of the approaches taken on what were doing here are different, Joe didnt present the facts that I thought Id be hearing. Id like to ask Mr. Abercrombie if you dont mind, what time of day or night are you going to be open for business? ABERCROMBIE: Well, right now the business, summertime, wintertime its very limited. Summertime, he stays open until 2 AM, he closes, thats what hes done for I dont know how many years, hes been there 30. COSBY: Who is he? ABERCROMBIE: Mark Anderson. COSBY: Is he going to operate the place after its built? ABERCROMBIE: No, Im going to operate the store. COSBY: Okay, so what are you going to do there, hours of operation, what are you willing to commit to, if anything? ABERCROMBIE: Same hours that hes doing. He closes at 2 right now. I think theres food service, I think people want. You know, I think theres a market there for Subway subs. COSBY: Are you willing to close at 2 in the morning? ABERCROMBIE: Not the Subway, Id like to keep the Subway open. I cant sell alcohol after 2 oclock, you know thats a COSBY: So you want to stay open, all night, 24 hours. ABERCROMBIE: Id like that opportunity, yes. COSBY: Okay. And while youre here, let me try to get you out of the way on a couple things. Are you gonna have music playing at the gas service stations?
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ABERCROMBIE: No. COSBY: Are you willing to commit not to have any outside music of any type? ABERCROMBIE: Yeah, thats fine. COSBY: Are you willing to commit not to have food service outside of your establishment after 2 AM? Keep it inside? BUCKLEY: Food service? ABERCROMBIE: Yes, the, I mean, we showed seating out here, I think theres a need for people who like to sit outside, nice sunny days, have a sandwich. COSBY: Thats why were asking the question, theres no doubt youre going to get the night crowd there from the two clubs converging right there and the party goes on. Thats why were concerned about when youre going to be operating outside. ABERCROMBIE: If theres an issue, it will be addressed, I mean, if were BUCKLEY: Well, I think thats something thats going to come from the Commission. If you want to make a comment about what could be an issue there and a problem, then well be glad to take that under consideration, okay? COSBY: Okay. BUCKLEY: Because were obviously not going to allow, you know, 500 people to congregate there and try to buy Subway subs at 5 AM. COSBY: Okay, thats all BUCKLEY: That will not happen. COSBY: Okay, thats all I have for you Mr. Abercrombie, thank you very much. Id like to call, who am I calling? Gary Shockley. GREGORY: Sir, do you swear to tell the truth, the whole truth and nothing but the truth? SHOCKLEY: I do. GREGORY: Will you please state your name and address? SHOCKLEY: Gary Shockley, 17 Launch Drive, 52nd Street. COSBY: And Gary, are you on the Board of Directors of Warrens Park? SHOCKLEY: That is correct. COSBY: And whats your position there?
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SHOCKLEY: Ive been on the Board for two terms and Ive lived in the park 40 years. COSBY: And were you authorized or other Board members authorized, to retain a lawyer to come here with you to put up some thoughts about what you all think about whats going on here? SHOCKLEY: Thats correct. COSBY: Okay. BUCKLEY: You all had a special meeting and voted. SHOCKLEY: Yes, maam. BUCKLEY: Okay, thank you. COSBY: And um, just tell us in your words just to make it more entertaining and more listenable without me talking (chuckle) how you all feel about whats going on here and tell us about the traffic on 52nd Street. SHOCKLEY: Well, what Id like to say to the learned architect here, youve not been on 52nd Street in the summertime. You couldnt have been with what you just said, because what goes down that street, we have at 53rd Street is a scooter operation, and they send all the people down 52nd Street to test the scooters if theyve never driven one. BUCKLEY: Not anymore! (Laughter from Commissioners) SHOCKLEY: Amen! Weve got that eliminated. But the traffic on that road, we have 12 residences that, in the park, pull into their driveways off of that street. We used to own the street, we deeded it to you, and, or the Town, and that was several years ago when we knew we couldnt afford to take care of it, just like the gentleman said. So, but the traffic between youve got the wave runners coming down there, youve got it coming in and out, and youve got the people who live all the way down the street we are very concerned with the amount of traffic that this operation is going to generate, especially with more gas pumps. Now it is crowded up there when people try to get into the gas pumps, especially on the big weekends, it is crowded. But I dont think this new operation is going to eliminate anything and we think its going to cause more problem. BUCKLEY: Really. SHOCKLEY: We are situated between Seacrets and Mackys. We have a very good working relationship with Seacrets, but it did not come overnight, let me tell you. We were up there in their faces every day because of the music, the loudness at night, because they go until 2 in the morning, but we have a very good working relationship. They send a gentleman over, or a lady, with a decimal (decibel) reader and they sit in the park. They send people over and they clean up the trash, and at 2 oclock, they walk around to make sure theres nobody doing anything on the front of the buildings, but yet they dont walk through the park, but they do pick up all the trash that they can see. And were very concerned with the trash thats going to come off of that new operation. The
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people from Mackys that are going to come over to the operation if its a 24/7. Were very concerned about the noise. 24/7 is not something we really care for whatsoever. COSBY: How long have you owned a place in the park? SHOCKLEY: 40 years. COSBY: 40 years? SHOCKLEY: Over 40 years. We have a quiet place. Its been quiet. And with working with Seacrets, weve had a good op-, weve done very well, and they, all we have to do is call Seacrets on the phone BOOM, the noise settles down if they just get too loud, so they know we mean business, so we dont think this is going to be a good thing for us with whats going to happen with this new operation. Weve done very well with Mr. Anderson, because he closed at 2 and it wasnt a Subway and a market where people are going to be hanging around all day long. People walk from Seacrets down our way and in front of our park, and now theyre going to be coming from both directions, and the walking through the park is the biggest problem. Weve got deer, antelope and fox living in the park. We found a deer the other day coming through, so now, we do have a lot of people that just walk through the park because they think they can get to Mackys quicker or Seacrets quicker. COSBY: Now what do you believe the impact of the delivery trucks for this new operation will be upon you as opposed to the existing operation? SHOCKLEY: Well, the way they do it now, the beer trucks practically park right out front. The big trucks park out front, right now, in the bus lane. Sometimes theyll pull on the side, the smaller ones. But if all the service is going to be on the side of the building, I just think its going to create more of a problem. Now I see hes got a loading zone, which is good if he can get the truck off the street, because you cant be blocking another lane down there. The streets only 30 feet wide. So my thought is, you all need to really consider the width of the street, thats where the problems going to be. And the operation late at night. COSBY: Now the existing store thats there now you can drive around the north side of the store, right? To the service, the garage. SHOCKLEY: Yeah, you have to go by the service; you can drive down the side there. We walk there all the time COSBY: Right. SHOCKLEY: but you can drive down there, but very few people take that side of the building. Everybody comes to the front or goes down 52nd Street and does park where he has parking, Anderson has parking on the side of the building, theres bathrooms there. COSBY: So even with the current SHOCKLEY: He has four (4) spots there and his tow truck sits there.
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COSBY: So even with the current operation thats been there historically, the service station, the traffic problems from that business, its been tough. SHOCKLEY: It has. COSBY: For all of you. SHOCKLEY: Oh yes, and its only going to get worse, I feel, with this new set-up. Its going to make it very difficult for our people to get out. COSBY: Now youre also concerned about the dumpster, but theyve mentioned, I think the Board is looking at that, you would like to see that dumpster moved from that corner. SHOCKLEY: Yes, yes, because they come by early in the morning COSBY: So my question for you SHOCKLEY: okay. COSBY: so I can make a record, and you would like to see the dumpster concealed with some type of you know, attractive walls or something. SHOCKLEY: Yes, yes. COSBY: You realize the limitations though of the trash pick-up at the site and youre reasonable people. SHOCKLEY: Right, right, the dumpster is not as big a problem as the commotion and the street and the problems on the street thats going to be created. COSBY: Right, so its fair to say, just to cut this to the quick, that traffic is the main concern on 52nd Street. SHOCKLEY: And the 24/7 type of operation, yes, those are the main concerns. COSBY: Right, right. Is there anything else that youd like to say that you havent already said? SHOCKLEY: No because they discussed the lighting, because that was another concern, with a lot of people on the other road, so yes. COSBY: Right, Blaine covered it. I would like to make, thank you very much. SHOCKLEY: Yeah. Thank you. COSBY: I would like to make a point of who is here in opposition. BUCKLEY: Okay, he would like toum MOORE (FROM AUDIENCE): Mr. Shockley, could you bear with me?
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COSBY: Sorry Mr. Shockley, hes got a question. BUCKLEY: A little cross-examination is only fair. MOORE: I just, do you believe that the addition, now, I understand that Mr. Cosby disagrees with me that this is a convenience store, and that Mr. Smith would have done it administratively, but the concerns that youre talking about is with respect to the retail area rather than the two additional pumps. SHOCKLEY: No, whats going to happen, my concern is, because I go to Wawas, most people who go to the pumps at Wawas get their gas and leave their car at the pump, and then they go in here, so the pumps, no matter how many pumps you have, youre still going to have a back-up log of traffic because most of the people are there for the gas, and then maybe a few people might come up to your Subway, or come up here, but they go to the pump first, and then they come up to the building and pay, and so the more cars you have here is the more traffic congestion youre going to have running out on 52nd Street, its my belief, along with your store. MOORE: So the potential of four (4) additional cars, you believe is going to make a marked difference on the traffic at 52nd Street? SHOCKLEY: Whats going to happen, if its not backed up here, theyre going to be backed up here, theyre going to be in and out of 52nd Street. MOORE: Did you understand my question? You can only get four (4) cars additional, if my position, and Mr. Smiths position is right that were talking about the pumps. SHOCKLEY: Right. MOORE: Is it your opinion that four (4) cars are going to make a marked difference COSBY: I have to respectfully object to that, because you know very well what my position is MOORE: I understand, and I disagree with it. COSBY: I dont think that he would say that four (4) cars can make that much of a difference. SHOCKLEY: No, your traffic is going to cause the difference, thats whats going to happen, thats my belief. MOORE: Okay, thank you. COSBY: Would the folks who are here who are associated with me who are present in opposition who are at Warrens Park, stand up and say your name and address and if you have anything you want to add that hasnt been said, feel free. BUCKLEY: I need you to come up to the microphone please.
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GREGORY: Sir, do you swear to tell the truth, the whole truth, and nothing but the truth? ANDREWS: I do. GREGORY: And can you state your name and address please. ANDREWS: Its Walter Andrews, and its 16 Launch Drive Lane, and Im a year-round Ocean City resident, just built a new home COSBY: Are you a member of the Board at Warrens? ANDREWS: Yes, I am. COSBY: And whats your position? ANDREWS: Treasurer. COSBY: Okay, go ahead. Is there anything you wanted to say? BUCKLEY: It doesnt matter but ANDREWS: My home, I have to exit out onto 52nd Street. BUCKLEY: But youre speaking as an individual property owner. ANDREWS: Yes. BUCKLEY: Okay, thank you. COSBY: Maam would you identify yourself as a Warrens Park owner, is here. You dont have to say anything for the worth of it. LITSINGER: Charlotte Litsinger, and I live at 40 Bay Overlook, and I have heard mention about GREGORY: Maam LITSINGER: we talked about signs oh Im sorry. GREGORY: If youre here to give testimony, Ill go ahead and swear you in. Do you swear to tell the truth, the whole truth and nothing but the truth? LITSINGER: I do. GREGORY: Thank you. LITSINGER: Signs, you know its not a thru street, and I think Blaine had mentioned that you would put some signs up? BUCKLEY: I would think that would be very appropriate if its not a thru street.
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COSBY: Its a dead-end street. BUCKLEY/LITSINGER: Yeah. COSBY: The further, closer to the highway they are, the better. LITSINGER: I mean, I do like the idea about sidewalks because we recommend every in the park go to the 52nd Street traffic light BUCKLEY: Um hm, right. LITSINGER: and we have to walk in the street, and carry all our beach gear, so BUCKLEY/COSBY: Okay, thank you. BUCKLEY: Something positive coming from it. Yes, sir, step up to the microphone please. GREGORY: Sir, do you swear to tell the truth, the whole truth, and nothing but the truth? WEBB: I do. GREGORY: Could you state your name and address please? WEBB: My name is Aaron Webb, and I live at 214-52nd Street, and I might add that Ive been there since, off and on, since 63, and my only bitch about this whole thing about the traffic, and I dont know where its ever been addressed the way it should be, but when they bring trucks in, and cars park to the station there, then it chokes the street down. Weve got a 30-foot street, take a beer truck or so width, its really hard to get around. I think it really should be looked at well. And I dont know how youre going to put another filling, I mean, another sidewalk in. Id really be interested in seeing that. BUCKLEY: Well, were going to try our best. WEBB: Id like to be there when youre doing it. I dont think you can do it and have egress and ingress to it, but anyway, its a choked street, so 30-foot wide, it dont give you much, thank you. BUCKLEY: (chuckle) Thank you sir, I like that. COSBY: I think he was a wild card, he wasnt my witness, but thats okay. I dont have a whole lot to add except I do have some Comprehensive Plan excerpts that I took out of the plan and highlighted for you which Ill put in evidence. BUCKLEY: Thank you. COSBY: Ill just mention a couple of them. The Plan does state that it does not find the necessity for additional future commercial areas future need for commercial services will be met through more intensive use of existing shops and all (indistinguishable)
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centers. As noted earlier, virtually the entire island is within convenient distance of an existing food or convenience store, its stated in the Plan. It states existing single-family neighborhoods should be protected from development influences that could degrade their quality of life, which I think is particularly applicable to this situation. There was one more I want to make a note of. Well, I trust that youll see it, Im sorry, I just cant get my fingers on it, youve lasted long enough with me, so Ill submit this as an exhibit, you can read it. BUCKLEY: Thank you, sir. COSBY: (indistinguishable comment) (chuckle from commissioners) COSBY: You guys have probably memorized the Plan, is that right? BUCKLEY: I would like to think I could yes, Charlotte? LITSINGER: May I ask a question? BUCKLEY: Yes, step right up. COSBY: (indistinguishable comment he was away from the microphone both times) LITSINGER: I was just thinking of, in back of the store where you have the parking? Will that be monitored because youll have kids coming there, parking cars, and then kind of partying out of the cars. ABERCROMBIE: There shouldnt be any partying period back there, theres no alcohol allowed, no alcohol consumption on property. LITSINGER: No I meant in, where is it SHANAHAN: I think shes referring to the parking spots that are existing back there. COMMISSIONERS: Yeah, in the back. LITSINGER: Back in here. MILLER: Tail-gating in the back parking lot, Mike. LITSINGER: Yeah, because you dont have an entrance to the store, to the convenience from the back side. ABERCROMBIE: No I dont. LITSINGER: So youre going to have cars parking, and theyre all going to be kind of gathering, I mean, Ive seen this even on the Super Fresh lot, they carry on. ABERCROMBIE: Well, ideally, our employees will park back there.
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LITSINGER: Okay. ABERCROMBIE: I think well have this standard sign that says, you know, employee parking or customer parking only, all others will be towed. BUCKLEY: No loitering. MILLER: No tailgating. BUCKLEY: No loitering. So much of this comes into business practices of the property owner LITSINGER: Yeah. BUCKLEY: and at some point weve got to respect that if someones investing money in a piece of property that theyre going to have some legitimate business experience to run it, along with the rules and regulations that we have in Ocean City, between lighting, noise, tailgating in the back of someones parking lot, you know, theyre not allowed, so lets call the police too. I mean, just, just, we obviously want to take as many STALEY: Precautions. BUCKLEY: precautions as possible and thats why we have a Conditional Use. TAYLOR: But according to this plan there are no windows in the back of the building, theres no door, somebody said theres not even a door right now. I cant tell without my glasses on. BUCKLEY: There is a door right here. TAYLOR: But nobody in the store is going to see whats happening in the back. SHANAHAN: Unless you have a security monitor. ABERCROMBIE: Video surveillance on the whole property, everywhere, for trips and falls and that kind of thing. STALEY: There you go. BUCKLEY: Yeah. ABERCROMBIE: But deliveries come through the front, everything comes through the front door, you dont have thats per fire code. The rear, push-bar exit is just so people can escape if the building ever caught fire. Its not to be used for an entrance, for really anything. TAYLOR: Good. BUCKLEY: Okay, thank you Charlotte. COSBY: Thats all of my presentation, but should I reserve argument for later?
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BUCKLEY: You can certainly do that. I would certainly give you rebuttal time, I promise. COSBY: Thank you, thank you. Ill be quick, I promise. BUCKLEY: Okay, anyone else have anything else to say, either pro or con? Alright, does the Commission have, were going to get to closing arguments, statements. MOORE: Well, I know. BUCKLEY: Okay, Im sorry, go ahead. MOORE: In light of Mr. Dagostino, he asked a fair question. I have, and I would like to put into the record the Maryland Department of the Environment site status letter BUCKLEY: Oh okay, good. MOORE: dated January 31, 2012, and Ill provide you with a copy of it, Mr. Dagostino, there is a no-action. They examined the property, they examined the Phase II, the Phase II Environmental Site Assessment and did a no-action letter, so in light of Mr. Dagostino concerns I wish to add that in. BUCKLEY: Yeah, okay, does the Commission have any other questions of anyone? MILLER: This gentleman starting to come forward. BUCKLEY: Yes, sir. FRANKENBERGER: The question still hasnt been answered BUCKLEY: And what would that question be sir? FRANKENBERGER: that question still hasnt been answered BUCKLEY: And youre still under oath. FRANKENBERGER: is, theres a towing, I managed the gas station BUCKLEY: Okay. FRANKENBERGER: the mechanical part. BUCKLEY: Okay. FRANKENBERGER: Is there going to continue to be mechanical part? BUCKLEY: Not at this point. MILLER: No.
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FRANKENBERGER: Theres not going to be a storage lot there also from the towing business, correct? BUCKLEY: No. FRANKENBERGER: Thank you, thats all I needed to know. TAYLOR: Thats our understanding anyway. BUCKLEY: Thats as proposed. As its proposed. FRANKENBERGER: As proposed, at least you got the message then. BUCKLEY: Alright, Commission have any other questions of anyone before we go to closing statements? MILLER: Id like to ask some questions about hours of operation unless youd rather come back to that later. BUCKLEY: No, we can do that now. Um alright, we have a couple questions from the Commission to Mr. Abercrombie, if youd step up here please. MILLER: Michael, with a Conditional Use permit we can put restrictions on different things to help accommodate and make it work, and in our mind make it work better, for the Town, outdoor dining, after a certain hour, is not something I dont think anybody wants to see there, because you are going to have, as the next place to hang out, anywhere between 2-3, whatever, when they walk, I mean, I had Mellow Beach for years. Would you be willing to say that youre not going to do any outdoor dining after a specific time? ABERCROMBIE: Yeah, that would be fine, I guess. Im just trying to provide a service. I agree with you, Im not SHANAHAN: How do you police that though? ABERCROMBIE: how do you police it, Im not sure, um. SHANAHAN: Those are static tables, right, theyre attached to the ground? ABERCROMBIE: To be honest with you, I thought theyd be hurricane, you know, sunk in concrete, but if, um, Im going to say, my in-laws live on this street, on 52nd Street, if thats not a tough customer with your mother-in-law in there, you know. (chuckle) MILLER: I understand completely, but Im just saying if theres a way that you could say that were gonna not be seating out there at a certain time, whether you fence it off, gate it off, whatever. Im just, its just a question. BUCKLEY: Well, I think thats something to think about because at the same point youve got somebody walks up with their two kids and their dog and their husband, you
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know, and the wife runs in and gets a gallon of milk, and they come back out of course theyre not going to be necessarily doing that at 2 oclock. But a lot of people do a lot of strange things in Ocean City at 2 oclock in the morning, when theyre on vacation. SHANAHAN: I think its great to have them, but its tough to police it at 2 oclock in the morning. BUCKLEY: But I do BROUS: the morning. BUCKLEY: I just think its going to, here again its MILLER: Well, its a Conditional Use, thats what Im asking. BUCKLEY: its a business issue, its a business. MILLER: Are you willing to like, address that issue, if people are congregating, eating outs-, you know, were all going to meet at Goose Creek at 2:30 and then were going swimming in the bay or something. ABERCROMBIE: The last thing I want is a hundred people in the parking lot. MILLER: Exactly. ABERCROMBIE: You know, theyre not spending money, theyre going to potentially cause trouble, all we want, we want to serve food and go. We cant serve alcohol overnight. MILLER: So its something you would consider is what Im saying? ABERCROMBIE: Yes, absolutely. MILLER: And then the other part is, I really, and I know you can do this, but I just dont think the back parking lot is going to be used at all, except for maybe by your employees, and Im wondering if your delivery trucks could bring the deliveries there, because that street is awful narrow. Not gas, obviously. ABERCROMBIE: I delivered beer for 5 summers in college in Ocean City from the Inlet to 15th Street, and I can tell you as an ex-driver you park wherever you can park. MILLER: I know. ABERCROMBIE: Quite frankly, if it was me, and I was still delivering beer, Id be, Id be here at 6 in the morning, when the place is real slow, and Id be parking right out front because chances are theres going to be 10-11 empty spots and you just cover them up and work from there because its the closest to the door. Thats generally MILLER: What Im trying to do is limit them off of 52nd Street.
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ABERCROMBIE: If I was delivering I wouldnt want to be out back because Ive got to wheel it all the way around to the front, you know, youve got kids that go try to steal stuff out of your truck while youre inside stacking so, you kinda TAYLOR: Theyre gonna, delivery trucks are going to stop on 52nd Street because they always do the easiest thing. ABERCROMBIE: Theyre going to do the easiest thing, and I think they park in the bus lane, and I agree with you, thats horrible. I mean, thats not an answer for anybody thats satisfactory. STALEY: Yep. TAYLOR: We have a loading dock because the City made us put in a loading dock, do you know how many trucks have ever used our loading dock? MILLER: I guess the question Im asking there is, could you look at the loading and unloading of your trucks in light of the fact that 52nd Street is a very narrow street, and I know that when we had Kitty Hawk Grill on Coastal Highway we specifically brought them in special ways, at different times of the day. Now in the morning before 10 or 11, it really didnt matter, but I just asked the question. ABERCROMBIE: Theres already restrictions on gasoline now, you know you cant, you know, so MILLER: Yeah, yeah. BUCKLEY: Right. MILLER: I understand, and Im not saying put those same restrictions on food because it wont work, or beer. ABERCROMBIE: Right. MILLER: But if you could be looking at that stuff I think it would be important. ABERCROMBIE: It would, and I can tell you as a driver the thing you love the best is a place that sells alcohol thats open early in the morning, because you spend a lot of time driving around waiting for XYZ bar to even open before you can get in there, and if youve got a place thats open at 6 in the morning, I mean, youre in the bonus at that point because you can get in there and get your delivery and go. MILLER: And I understand that, and I guess you would encourage them to come in the morning if they could ABERCROMBIE: Absolutely, yes. MILLER: because its easier to unload when youre not as busy either. ABERCROMBIE: Yes.
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MILLER: Okay. BUCKLEY: Okay, anyone else? BROUS: Why do we do not want any entrance in the back, because my first thought was to try to have less commotion in the back, is that why you dont want any entrance, any pedestrian ingress or egress from the back? Is that just a personal preference or is it to try to keep commotion away from the mobile homes, or, Im just curious. ABERCROMBIE: I just think its easier to control one access point. The reality is its real busy in the summer and its real slow in the winter, and the last thing you need is two entrances to have to look after, Id rather have everybody, you know, ingress and egress through the front of the building. To me it just makes sense. BROUS: Just curious, okay. BUCKLEY: Okay. Alright, thank you. Alright, closing statements from the applicant or from the COSBY: You want me to go first up or, yeah go ahead. MOORE: Madam Chair I think because I have the burden of proof Im entitled to (indistinguishable) BUCKLEY: I was going to give you rebuttal from rebuttal. (laughter) COSBY: Ill be quick, and I promise. BUCKLEY: Thats how it usually works (laughter) COSBY: Were actually pretty calm tonight compared to Wawa. BUCKLEY: Youve got that right! COSBY: Im getting too old; Im finally getting things in perspective. BUCKLEY: Yeah, exactly. COSBY: My clients, really, would like to cooperate to make something happen here, but they came to me, and I said, Look guys, you know, youre really in a fight position here. Youve got to go make an all-out fight, and they want to be reasonable, and Im kinda like saying its tough because I think youre putting a 10-lb sack in a 5-lb lot. You know, just by adding those pumps on this plan, imagine eliminating that black blob and pushing the building out a little bit and loosening things up a little bit. You know, if, to me, this is a convenience store/restaurant thats being put here in place of a classic service station, and the gas is the come-on. It seems to me the fair balance here, and really the right thing to do to give everybody a fair shot of the piece of cake here is, dont give them the new gas pumps, keep the pumps youve got, and build the convenience store, but pull it out from the back line a little bit and loosening things up, and make the traffic flow better.
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Its as simple as that. Other than that, youre really going to add to a traffic problem on 52nd Street with the trucks trying to get around this confined area. They dont need more gas pumps to make this place as a convenience/sandwich-shop store, theyve got enough pumps to make the come-on. So I suggest the fair solution is, dont approve the new pumps, approve the store with the pumps that exist, move the dumpster around a little bit to get it so it doesnt bother people too much and have it reconfigured. Thats how I feel about it. Thank you all. BUCKLEY: Thank you sir. MILLER: Do we have to vote on this tonight? BUCKLEY: No, were not going to vote on it, Im too hot. MOORE: Keith Iott asked me a while ago how long ago it was that Pete and I were here with Wawa, and I said it seemed like yesterday. BUCKLEY: Which one, the first, second, or third hearing? (laughter) MOORE: You know, you have a judgment call to make. The issue really is, and I think our position, Ive discussed with Mr. Shockley. What we are doing is were providing space for four (4) additional cars to be serviced, not to be serviced, to be filled with gas, at a location that is going to be substantially more roomy than it is now. Mr. Iotts opinion is that by having those additional pumps there for those cars it gives more people a chance to get in there without queuing up so much on the site. Theres no question that the site as it is now is very very cramped and congested. I just have to say this for the record, although Petes closing kinda came my way I think, but the idea that what is there now is a service station and what we are going to put there is a filling station is an anomaly. I have been at Andersons Exxon for probably over 50 years. Ive never had my car serviced there, but on hundreds of occasions Ive had my car filled with gas there. Thats what a filling station/service station is, and Mr. Abercrombie, in 19 other locations, has convenience stores, and very good convenience stores, as has been said, and they have a facility that enables the patrons to also get gas, so I, theres nothing new about Pete and I disagreeing, except that we did it tonight perhaps a little more gently than we usually do. That is that, you have to go with your zoning administrator, if those two additional pumps were not there, this would be an administrative hearing, and Blaine would do it administratively, you would approve a site plan. We believe that your questions and your comments with regard to the site plan are in order, and we hope that you will grant the Conditional Use and your site plan approval will be with those conditions that you have. BUCKLEY: Okay, thank you, Mr. Moore. Alright, does the Commission have anything else? Do we have enough information to close the hearing? Alright Ill undertake a motion to close. STALEY: So moved. BUCKLEY: Moved by Mr. Staley, a second? TAYLOR: Second.
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BUCKLEY: Second by Ms. Taylor, is there any comment or discussion further on the closing of the hearing? All in favor of closure? COMMISSIONERS IN UNISON: Aye. BUCKLEY: (gavel) So moved. Alright, I dont believe were going to be deliberating this this evening until we receive the final, some final stuff from the State Highway Administration and another look at a site plan. I think that, um Id like to think about it. MILLER: Id, Id like to, I dont know if you do this now or do you request a revision of the site plan or? BUCKLEY: Well, Im going to, we dont like to do those, what do we call them Blaine? Pre-approvals? HOUSTON: Contingencies? STALEY: No, no. SMITH: Right, right. STALEY: No pre-approvals. BUCKLEY: Subject to, um. BROUS: Maybe we need the State Highway recommendation that we have, to help maybe, if we all are in consensus that that exit-only might be better, so they have something to go with, to the State Highway? BUCKLEY: I need to go to the site again and take a look with this site plan to be quite honest. TAYLOR: Well, Id like to go back to square one, I mean, were being told the only change here is for pumps, and thats entirely not true. Were taking a Conditional Use and adding a permitted use, so were taking an apple and an orange and putting them together and trying to call them an orange, and its not. SHANAHAN: But cant they build it anyway without the two (2) pumps? TAYLOR: But, without the two (2) pumps, yeah. BUCKLEY/SHANAHAN: Yeah. BUCKLEY: Which is what the opposition would be happy for. STALEY: Yep. BUCKLEY: But thats not what theyre asking for. TAYLOR: Well, Im just saying that, I cant support adding, this is already a burdened site. Adding more is going to burden it even more, adding more cars to this site on that
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street with more delivery trucks and everything else is just, again, its an overuse of the site, I cant BUCKLEY: Well, theyve moved the building back and taken better utilization of the front, I mean, its a whole another TAYLOR: It doesnt matter if theyve moved the building, its a matter of the number of cars and people there. BUCKLEY: well its a whole different matter of what the front is going to queue up and where theres going to be parking. Theres nowhere near this space at that site right now. I mean, youve got about 10-feet between parking your car and going in the front door to pay for the gas, maybe 15-feet. STALEY: Yeah. BUCKLEY: But, and so now, Im going to have to get Mr. Iott, hes going to have to give me bigger, I need to bring my magnifying glass I guess. I guess thats what happens when you get old. IOTT: We have two (2) full-sized sets if youd BUCKLEY: Well I cant see the STROUD: Heres the other one, right here. TAYLOR: What Im hearing is its already a traffic problem the way it is. MILLER: Well, I had a business on one street north of that for probably 20 years, or, 1820 years, whatever, and its a unique site theres no question. BUCKLEY: Yeah. MILLER: The majority of the side streets in Ocean City are 50-feet wide and they do have 20-feet of parking on it. So I mean, the street being 30, if theres no parking, and no blockage, I dont have a real problem with. One of the problems on that site is, when you come out of that gas station, at both pumps you come out of, all of the cars will come straight out and turn, and youll have four (4) cars all sitting catty-corner in the wrong lane. This parking lot theyre doing now, by moving the site, the exit site further west BUCKLEY: Right. MILLER: is going to queue cars up and theyre going to pile them up in the lot, and not pile them up in the other lane of traffic BUCKLEY: Right. MILLER: so I like the design of whats going on, but I do want to see a sidewalk, I want to see the queued-up thing, I really think that the exit, the second exit on Coastal Highway is imperative. Ive watched it work at 85th Street gas station very effectively,
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summer and winter, Id like, before I make a decision I want to see a changed design of it, of the sidewalk STALEY: Yep. MILLER: and I want to incorporate in that second exit; in my mind at least. IOTT: Would it be possible, Blaine, to ask the Planning Commission or the staff to issue in a letter that I can take with me, to, for my discussion with the State Highway Administration, if that is the opinion of the Commission that that exit is (indistinguishable), it would certainly help my position, help me make the case to State Highway. BUCKLEY (SPOKEN SIMULTANEOUSLY WITH IOTT): Would it be any benefit to have circular traffic do you think? Because Im just wondering if they need all of this, if they can cut this down by a few SHANAHAN: Theres a precedent of what youre talking about down on 85th Street. MILLER: I mean, it does work, and Im not sure the rest of the Commission has seen that one up there, maybe they want to go look at it to see how it works. TAYLOR: Ive been up there. BUCKLEY: Because weve got the Captiva Bay down there, youve got the Homeworks with their delivery trucks in and out, its a very similar situation. IOTT: Its also a 30-foot wide street too. BUCKLEY: Yeah. MILLER: No, its wider. BUCKLEY: No, its wider, its probably 40. IOTT: Oh okay. TAYLOR: And the quality of the street is better. Theres a street, theres a sidewalk, theres curbing, theres everything theres none of that on 52nd Street. MILLER: Well, thats what Im looking for is BUCKLEY: Well, but thats what were going to have to get, I mean, its a City street now, so I guess, you know, thats but, do you, was there any discussion, and I didnt even ask this during the hearing, so I have to go through Mr. Smith, discussion that this was the size of store that they had to have, square footage? Could that in any way be made smaller to accommodate vehicular traffic on the north side of the building? Was that in your discussion at all? SMITH: No and
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BUCKLEY: Okay. SMITH: and whether theyre willing to adjust it if you want circulation. BUCKLEY: Im thinking, Im putting stuff out here at the moment because with circulation then you get, um, I dont know if that would help us any though. STALEY: I know. IOTT: The circulation BUCKLEY: Its not going to help us any, I dont, no, its not gonna, because its still people, I dont think yeah, and its going to come. MILLER:(SIMULTANEOUS WITH ABOVE): I dont think people are going to park out back one way or the other. SMITH: Well, one of the problems that you would have, when you got into that 20-foot setback on the waterway, its got to be pervious BUCKLEY: Yeah, oh definitely, yep, forgot about that, gotcha. SMITH: theres some limitations with the wetlands setback. BUCKLEY: Um. BROUS: I just think theres a way to make it work, I think to make a congested area better though, still wouldnt have a lot of stuff there, but with, even with additional pumps, a better situation, get the residents a sidewalk to walk up to the beach, I think theres ways to make it, theres a lot of, you know, give and take, but there is a way to make it better for everybody. BUCKLEY: I mean, the building thats there now certainly does need to go down. Its not in good shape. ABERCROMBIE: Theres no circulation now at all. BUCKLEY: Nothing, and my husband is there, every other month with a vehicle, trust me. Thats his job now, making sure everybodys vehicle gets oil-changes. SHANAHAN: I agree with Mr. Crosby (Cosby) I think the gas is definitely the draw there, thats going to get people there. But I think with the circulation theyve provided, to me the project works with that exit-totally area there. STALEY: Yeah. BROUS: And maybe signage on the exit-only saying southbound exit only so they dont try to cut across four (4) lanes.
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SHANAHAN: They do, Im very familiar with the Ex-, with the project, Im very familiar with Mark Anderson, I use his gas exclusively, they do a bang-up convenience store business there. STALEY: Yeah, beer. SHANAHAN: Theyre constantly busy, maybe because of the bars and restaurants around there obviously, but they jam inside there. BUCKLEY: So theres already, so youre saying theres already traffic coming in to that. SHANAHAN: Oh yeah, youve got, the 7-11 up on 59th Street for gas, and then the next gas would be those guys BUCKLEY: Um hm. SHANAHAN: and the next gas is what, the Texaco, right? BUCKLEY: Right. SMITH: At the bridge. BUCKLEY: So we do need, we do need this. SHANAHAN: We do need more gas there. BUCKLEY: Yes, I do understand that. SHANAHAN: And I think theres a definite need for a larger convenience area. STALEY: Um hm. SHANAHAN: But I think this, the people in the audience, this is the process, its very ironic because Mr. Iott designed a building for me, and we had people in the audience when I was sitting here at the table here against my project, and Mr. Cosby was actually the attorney, and we worked with the neighborhood and we made it all work, so I think this is just part of the process and I think this project can work very nicely with the input from the neighbors, and tweaking it a little, tweaking it out. BUCKLEY: Okay, so basically what were looking at is were looking at sending Mr. Iott with a letter saying we would like the exit-only and then were going to work on the sidewalks, moving the, moving these loading zone to creating the dumpsters there with sidewalks, whatever, and youre going to get another couple parking spaces where the dumpsters are, which will, you know, you wont. Alright. MILLER: And that required loading zone could be in that back parking lot, a code compliant one. STALEY: Well MILLER: I mean, you have to run that by everybody else, but I mean I think
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SHANAHAN: I think thats the X-factor, because like he was saying, theyre going to park wherever they can. MILLER: But you have to have it compliant BUCKLEY: You have to have a compliant one. MILLER: You have to show a compliant loading zone, whether they get used or not; very rarely, Lauren will attest that they never use hers, ever. TAYLOR: I just said, they wont use them, but yeah. I just dont want the people on 52nd Street not to be able to get in or out because theyve got delivery trucks parked there. BROUS: Well, whats the process, will it be reheard again, is that, how would we do? BUCKLEY: No, well just send it forth with conditions and then theyre going to have to bring it back. BROUS: It can come back as site plan approval. IOTT: Well bring it back for site plan approval, but not the Conditional Use hearing or the Conditional Use and a public hearing? BUCKLEY: Thats what Im deciding on. BROUS: Thats what Im looking at, Im not sure whats the next step to make it easier on everybody. SHANAHAN: I mean, Id like to see what the State Highway person said. BUCKLEY: Um, if its okay with our attorney, I would like to wait and do them both at the same time. GREGORY: I think thats probably the best decision. BUCKLEY: Alright, I know you dont like that, but I do feel since, some of the arguments are fair, back and forth, back and forth, and we do have some design changes to be made, and that, it has to go with both pieces; it has to go with the Conditional Use and the Site Plan Review. In your measure, in yours theyre not; in ours were looking at them together and as two, so you can run the argument but, you know, we just want this to be a good project, and I think everyone does too. You know, for the neighborhood, its been stated, you need gas there, you need the convenience store, and you need a new building. STALEY: Yes. BUCKLEY: You need the sidewalks, you need some good signs going down the street that tells people they dont need to go there because you cant get anywhere, unless you live there. So, with those types of things, well put something together, and, what were
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going to do is hold on our decision, right? Were sending a letter to the State, our letter with Mr. Iott STALEY: Yeah. BUCKLEY: that we would like for them to strongly SMITH: Consider. BUCKLEY: consider this exit-only on 52nd Street, just north of 52nd Street on this project, and we feel its much, its very compatible with the situation up at 85th Street, and thank you very much, we appreciate your consideration in this manner, matter. SMITH: Now if State Highway would send representation, would you entertain them coming for your deliberation and the site plan approval? BUCKLEY: Well, if theyre going to say no and they want to come and tell us why and what else they would recommend. SMITH: Yeah. BUCKLEY: But TAYLOR: Theyre only going to say what was said earlier STALEY: Yeah, yeah. TAYLOR: they dont want people pulling out and blocking, or trying to cut across right at the light. BUCKLEY: Right. TAYLOR: So BUCKLEY: Mr. Moore. MOORE: Yes, do I understand that the second part will be considered a continuation of this hearing BUCKLEY: Yes. MOORE: so it doesnt get readvertised BUCKLEY: Well, no, its not a continueMOORE: its just a BUCKLEY: Right. MILLER: Hearings closed.
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BUCKLEY/TAYLOR: No, hearings closed. BUCKLEY: Its a continuation of our deliberation. MOORE: Thats it, okay, thank you. MILLER: But were going to request a new site plan. BUCKLEY: A continuation of our deliberation, and all were gonna, all weve decided at this point is to send you with a letter in support of the exit-only, and once we get that, along with being able to take another look at the site and just see some things that maybe, Mr. Iott will have a chance, get that, and we can put some of these ideas together. It might make it a little bit more easier to, we dont have to put that many conditions, we can just get the site plan done and have it there as a statement. IOTT: No problem, I was just asking BUCKLEY: Because thats not Conditional Use anyway, thats the site plan that were asking for some of the stuff for. See its just all intertwined. IOTT: I was just curious about the re-advertisement. HOUSTON: Nah. BUCKLEY: No, hearing is closed, hearing is closed. SMITH: Its just upgrading the site plan with these comments. BUCKLEY: Upgrading the site plan so we can finalize if there are any, anything else that comes, you know, in our deliberations, once we see what the State Highway is going to do. If we feel after seeing the site plan request changes that weve asked for, then we will make our final decision on the Conditional Use and the site plan. BROUS: Can I just request that they send mailings to the adjacent properties the deliberation dates so they can be here, and no? TAYLOR: Mr. Crosby (Cosby) I think. BROUS: Just so they meet the audience. COSBY: I was going to ask the question, but thanks for asking, yeah, are we going to be noticed of your deliberations, or BUCKLEY: We can do that. SMITH: I would say if everybody wants to leave their name and address, then we would notify you when it comes back on the agenda. BUCKLEY: Yeah, certainly. HOUSTON: Its probably the same mailing address as the Conditional Use.
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SMITH: Yeah. HOUSTON: Well just use that. SMITH: Send it to everybody, yeah. SHANAHAN: Is this a project you guys were hoping to get started on right away before the summertime type thing or is this a fall/winter? ABERCROMBIE: No, start in the winter. SHANAHAN: Okay. BUCKLEY: Okay. TAYLOR: Because I would be more amenable to the Conditional Use if the site plan made, were more workable. BUCKLEY: Well, once we, once we can see that, itll, we, thats just the way it stands. Alright. BROUS: Should we vote on that, the letter? Or is it a consensus? BUCKLEY: Commissioners is it okay for a consensus to go, I think a consensus can go on the letter, I dont think we need to vote on the letter, I think were good. Everyone concur on the letter? TAYLOR: Yes. BUCKLEY: Yes, yes, yes, yes, yes. Okay. Meeting adjourned. (gavel) Respectfully submitted by, Karen G (Kay) Stroud Zoning Analyst March 28, 2012
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PLANNING AND ZONING COMMISSION DELIBERATIONS OF MARCH 20, 2012 PUBLIC HEARING Cato, Inc. 5201 Coastal Highway Conditional Use/Site Plan Review Public Hearing May 1, 2012
PRESENT Pam Buckley Lauren Taylor Peck Miller Chris Shanahan
IN ATTENDANCE Blaine Smith Kay Stroud Kevin Gregory, Attorney
This meeting of the Planning and Zoning Commission was held on Tuesday, May 1, 2012, in the City Hall Council Chambers located on Baltimore Avenue and 3rd Street, Ocean City, Maryland. Pam Buckley, Commission Chairperson called the meeting to order to deliberate the testimony given at the public hearing, dated March 20, 2012. BUCKLEY: Alright, at public hearing tonight is the deliberation of final site plan approval for our Cato property located in the LC-1 Commercial District, here in Ocean City, known locally as 52nd Street in the northwest corner, known locally as 5201 Coastal Highway. Okay, so we will not be taking any comment, we invited everyone here for, in case we had any questions from the testimony that was already on the record and just to let you guys know whats going on. Alright. Blaine did you have something you want to add, were going to get a new presentation here I believe, correct? SMITH: Yes, we do. I guess Im still sworn in but BUCKLEY: Well, should we open it? Well this is going to be, I need to reopen the hearing. GREGORY & SMITH: No, no. GREGORY: This is BUCKLEY: This is site plan work, okay. Gotcha. GREGORY: You swear and affirm under the penalties of perjury that the testimony you shall give will be the truth, the whole truth, and nothing but the truth? SMITH: I do. BUCKLEY: Let me just make that clear for the record, that were working on two aspects of this for this piece of property, one was a Conditional Use, and one is Site Plan Approval. The comments from this point are on site plan SMITH: Yes.
BUCKLEY: which does not necessarily require public hearing and public input, but we thought they would work better going along, side by side. So Mr. Smith will be updating us on some site plan revisions. SMITH: Okay, in accordance with the minutes of the March 20th meeting, at the conclusion a motion was made to close the hearing and there was discussion on the motion and there were several things that you all requested prior to deliberation and thats why were here tonight, to receive that information. One of the elements was we would wait until we got comments back from the State Highway Administration regarding the curb cuts on Coastal Highway, and also to give you all the opportunity, if you chose to, to go visit the site in light of the discussion. The other thing that you, and this is regarding the site plan, that you gave instruction that we send Mr. Iott the architect and civil drawings, that they would be updated to address the south curb cut, that the dumpster that were originally shown at the westerly lot line to the rear of the property would be moved, or they consider moving, to the south side of the building along the 30 right-of-way with proper concealment; they would should a sidewalk out to 52nd Street on the north side of the 30 right-of-way that separates the gas station from the Warrens Park and other residences further west, and that there would be some signage on 52nd Street so patrons would realize its not a thru-street. And that being said, the applicant has submitted revised drawings, theyre on the screen, that address those issue. The other part that Ill read into the minutes, even though you closed the hearing, youre willing to receive information from the other properties to fine-tune this based on the testimony, and we did get some letters that Ill enter two of which were from the Warrens Park. One was by way of an email from Mr. Art DAgostino, and the other, and what he has pointed out in his - hes still concerned about ingress/egress onto Coastal Highway and 52nd Street; the timing of the traffic light to enable safe crossing of 52nd Street and Coastal Highway due to potential or increased traffic attempting to turn onto 52nd Street; the traffic stacking on 52nd Street; dumpster placement; store delivery times; hours of operation; sidewalks on the northern side of 52nd Street - and some of these have been addressed and you all were (indistinguishable) consider some of the other concerns that they had had that he reiterated for your deliberations. The Warrens Park, their letter, was sent by Robert Weaver, President of Warrens Park, and I believe the essence of that, they still would like to see the southerly curb cut, and then the other letter that we got came from State Highway Administration, its a little bit lengthy, but they recommend against the south curb cut, and theyve given explanation, and those are going to be given to the Commission. Theyre marked already, but theyve been brought into the record. The other item thats been marked as received subsequent to the closing of the hearing, are the revised site plan, and Ive got the one that also includes the landscape. The original south curb cut was in this area, just south of the gas pump. That now is a landscaped, protective barrier between the public sidewalk and the new proposed sidewalk on 52nd Street to control external access from that point, that it prohibits access, and you still have the wide, northern curb cub onto Coastal Highway, that will allow patrons and the fueling trucks to come and go, and also service trucks that will come to the convenience store to bring their, I believe the testimony was that they would service the building from the front and part of the adjustment to do this, and to create good internal circulation they have backed the store up closer to the rear of the property and yet they still maintain more than the 25 buffer on the wetland lagoon its still more than that, and you can see the enhanced stormwater management and landscape in that area. They have shifted the trash receptacles to the south side of the building, and they will be serviced from 52nd Street, and they still have a wide curb cut so the large vehicle can enter on and off that 52nd Street, so there can be circulation.
Theyre now actually going to redo all gas islands so they can have more internal circulation. Theyve been spread out to get more thru-traffic internally in absence of that south curb cut, so now they can control this will be testimony in some respect but there was a lot of reference to the 86th Street gas station and how it functions. The difference between that, these are factual things, the difference between that location and this location is that youve got 85th and 86th Street that gas station is a whole block width, its got multiple curb cuts on the two side streets, even though it does have two curb cuts onto Coastal Highway, and the south curb cut is in close proximity to the one at 85th Street, but theyve got a lot of internal circulation that this original gas station did not have when it did it have two curb cuts because everything was bottled up inside the property. Now I think that was some of yalls testimony, it was a lot on a small area. The fact that theyre backing this up and opening it and maintaining the control on Coastal Highway, because any time you put conflicting traffic movement into a turning lane, it has a tendency to lower your level of service and I think when you read the State Highway Administration letter, this does not meet the criteria of the Highway Administration by design, and that conflicting traffic movement does create issues and it will reduce your level of service. Most time ingress and egress, your decel and acceleration lanes is how you maintain your level of service as well as signalization, and fortunately they do have signalization here to control the northbound traffic from this property. And the queuing would be on 52nd Street I think their letter necessarily elaborates on some of these ideas, but I think, based on the testimony, and the questions about the stress or the impact on 52nd Street, because that was a lot of the concerns of the neighborhood. What they testified to, I believe, as I recall, was that the truck deliveries would block 52nd Street, and often they couldnt even get out of their properties because of that. Well, if you took the existing condition, they couldnt get onto the property because of it being so tight. This affords itself to have truck delivery on and off the property, and I believe the testimony was that they would service the building from the front, and not the back, so they could bring large truck, because theyve got the ability to now get off Coastal Highway onto the property, its a wide curb cut on 52nd Street and get back off at the signalization whether youre going south or north, and then theyve got circulation, the internal circulation around the gas pumps so even though that type of traffic is moving, depleting their customer parking, theyve got wide drive areas, and I think all of that was testified to, you know, so they could maintain internal circulation where before they didnt have that with the four pumps. The difference was theyre adding two more pump, and now theyre being spread out and given more circulation in absence of that south curb cut, and thats what this drawing represents, as well as the dumpster, and as well as they have incorporated the sidewalk, the 5 sidewalk on the north side of the 52nd Street right-of-way on their property, so the sidewalk is actually on their private property for the benefit of the public usage. BUCKLEY: Okay. So, can I ask one quick question? We are, you have determined that that the addition of two additional pumps is not a major SMITH: They always had the two pumps MILLER: No SMITH: they just spread them out. MILLER: Well, now theyve got
BUCKLEY: Now theyve got six (6), they had four (4) before. SHANAHAN: In the Conditional Use, there was four existing, they were asking for two more. SMITH: Even on the prior presentation, there were six (6) on the one you saw before. This was has just spread them out more. Before they were BUCKLEY: This is the original, this is just the as-is site plan, okay, Im sorry. SMITH: Yeah. And what BUCKLEY: I forgot that part. SMITH: what the difference is, the original proposal to you all was to keep the existing four pumps in place. BUCKLEY: Right. SMITH: This one is taking all the pumps out and making it more spacious for circulation. BUCKLEY: Gotcha, youre right. I stand corrected. SMITH: Theyve got bypass lanes and things of that nature so theyve, at great expense, theyll have to rehab this whole property now. I think that also means that they would probably do the underground fuel storage. BUCKLEY: That sounds like it might be a wise business choice. SMITH: Yeah, and there were some issues before, what would happen behind the building. Now that, because theyve moved the building back, and that is now some of the bio-retention, so theres more landscape, and more, and I think there were a lot of concerns how those parking space back there would be used, and whether or not it would become a nuisance to the neighborhood, and theyre dormant, theyre more like employee parking. TAYLOR: Right. SMITH: The other issue that was talked about, and this plan represents there will not be tables on the outside you all saw on the first plan for convenience, and they elected to keep the tables off and open, in this revised plan. So this is the one that I believe youll make your final recommendation on, as updated, that addresses the issues that I think were both some of the neighboring property issues and the Commission issues. I believe the issue with the SHA with the curb cut, because it would have to comply with SHA BUCKLEY: Weve got to go with their
SMITH: right. The only, the only thing with that, and the attorney might talk about this, and Im going to back up just a little bit. In your deliberations, and were talking site plan review at this point because you dont operate in a vacuum, youre here for a purpose and that basic purpose is health, safety and welfare in your decision making. Some of the criteria is set by standards, you know, and its, thats why you have highway standards, you have, you have sewer-water infrastructure standards, and what-haveyou. But it says in reviewing the site plan, the Planning Commission shall consider and impose requirements where deemed appropriate with respect to the following: vehicular traffic flow both on and offsite, and I think youve given that great consideration. I think that with the new input and the concerns of the neighboring properties, that that has been looked at comprehensively now; and this, supposedly, revised drawing, is what is believed to be in compliance with SHA especially, and to address issues on how to get cars on and off the property. Access to structures I believe the testimony was that the back service area was just to get emergency access from the back, it was not to be a service area as far as getting supplies and stuff in and out of the building, that would happen from the front, they would stock the building from the front. Access to public streets weve discussed both 52nd Street and Coastal Highway. Pedestrian movement you all addressed the issue of having the sidewalk. I believe the current email and what weve received as far as the count-down at the lights, theres adequate time for people that go to the beach, that they would be given Im sure the SHA will take that in advisement, the count-down time at that light with the amount of increased vehicular and pedestrian traffic. That was one of their concern. I suspect both this Commission and the Mayor and Council could make recommendation to SHA to give that study to make sure there is adequate time for pedestrian, and I think they have tried to incorporate many of these count-down light which are very safe I dont know if all these signalized intersections have them, but that is a critical point as far as getting people across the street, so, I think that is a good recommendation that SHA would provide that at this particular location. Fire equipment and emergency access theyve gone through TRC meetings and you know, theyve got proper, with the Siamese connection, fire lanes and things of that nature, this is even better than what we started with as far accessibility of emergency equipment. Refuse removal has been adjusted to get it away from the adjacent property to the west, its been put adjacent to the building, it is shown with screening and containment. The landscape and maintenance of natural beauty we havent really looked at all the specific species of trees and plant material. I think all the landscape as shown, and our environmental engineer, Gail Blazer, she has looked at this and given it conceptual approval. It will have to go through all the regulatory agencies including the stormwater management, critical area criteria, landscape provisions, and what-have-you, and I believe the proposal as shown would be compliant with the proper planting species. Normally they encourage as many native species as possible, you know thats their normal direction. The drainage flow and structures with the bio-retentions and the onsite drainage, if you were able to look at the gas, and this was testified too I believe, that the slab for the pumps is going to be somewhat depressed so if theres any spillage it would stay contained, and if it were to run off it would go into this bio-retention area to the south side. TAYLOR: Blaine, has this site plan not gone through staff review? SMITH: Not this one here, the one before it did.
TAYLOR: So this one has not gone through staff review? SMITH: This is an upgrade to what theyve already saw. TAYLOR: Yeah, but we dont, so we, even tonight, we dont have, we cant do anything with this because its SMITH: Its preliminary. TAYLOR: Yeah. SMITH: Its a preliminary site plan to accommodate the Conditional Use recommendation. TAYLOR: Yeah, right. So all these things will be addressed in the staff review? SMITH: Yes, yeah. They need to be, yes. Because normally when you do a Conditional Use youre dealing with a preliminary plan but you need conceptual, you need to know its a working plan, and the things that have been updated are for that purpose, to go with the approval, the conditions of the approval. BUCKLEY: Right. SMITH: I dont know that we looked at signage. There was some discussion about adjacent signage because there was a monumental sign on the Candy Kitchen, and the question was whether or not that sign sort of impedes that north entrance, and that was one of the reasons why they had hoped the south entrance would stay because it gave more visibility on and off the highway, but theres still a wide entrance there and that sign does setback somewhat. Their own signage, I believe, there is one free-standing sign on their property, the other signage could be signage on the building, and they probably would have directional signs on and off the property normally. Lighting there was a photometric lighting design that showed that they would control their lighting. I believe there was one question regarding the light on the west side of the building as to the type and the direction of that light and its intensity, and that most likely wouldve had to been changed to not focus onto adjacent property and they would not look into the open glare of the light, so that should be a condition, that that lighting would be directed downward or shielded. The height of the building is fine its basically a one-story building even though it may have 15-16 of height because of tall ceiling, but its a five-story, 50 height district, and this is known as a one-story building. The utilities and community facilities are basically provided to the site, I think the infrastructure of the Town would service the property well. They would probably use existing lateral connections and water connections and things of that nature, electrical and what-have-you. The other item is impact on the surrounding community you heard quite a bit of testimony from neighboring properties and their concerns. I think a lot of the concerns that were raised through their attorney and neighboring properties was people loitering on the property and being there at late hours, and one gentleman did talk about hours of operation. I believe that the testimony was at least theyd want to stay open until 2 oclock if not all night; you know, as some stores do, you know, especially if theyre service stores that have gas as a service where you might need 24-hour service if you will. The question was if you have people coming there and affecting the neighborhood around the
building, there were some that questioned whether it would not be an impact on their neighborhood at night, the wee hours of the morning. Those are the things that I remember, and I think that the revised drawings have addressed those issues. The comments are reiterating some of the concerns that you asked that they follow their comments so you could give it consideration in your deliberations and thats what we received since the closing of the hearing. BUCKLEY: Okay. Thank you very much. Alright Commissioners. Step up to the plate. MILLER: I think its a vast improvement over what we saw before. TAYLOR: Yep. BUCKLEY: Definitely. MILLER: I understand the SHA, it makes sense. BUCKLEY: Right. MILLER: Im encouraged that theres not going to be any outside dining, ever, there. And I like the way the dumpsters are, I like, its just a superior plan to what it was before. BUCKLEY: Yes, theyve got a nice guard on the dumpsters, weve our 6 privacy fence across the back. MILLER: The area where the grease trap is, no outside dining whatsoever, at all. SMITH: Thats correct, as shown. MILLER: I think its far superior to what you had before, its, you know, I applaud you for bringing this back. This is a lot better its better for the neighborhood, its better for everybody. BUCKLEY: Um hm. Especially putting your sidewalks on the private property, the neighbors cant ask for much more than that as far as providing what you can do to keep their street open. TAYLOR: I agree, with the setback from the highway, its going to be very good for the landscape and openness and all of that, so everything I had objected to is gone. BUCKLEY: Mr. Chris? SHANAHAN: Yeah, I think theyve addressed the issues that the neighborhood brought up very well, I mean the traffic issue looks to be a little unavoidable as far as that south entrance, but since theyve created more of a flow through the area there I think youll get a lot more people leaving through the north entrance. And I dont think that sign on the corner there, because the entrance is so wide, will make an issue, obviously because youre leaving from the right side of that curb cut, but I think theyve done a really good job of addressing the issues of the neighborhood who they want to get along with. If they do have some late night issues they can always hire security during certain hours, because you will get that traffic flow from obviously Seacrets coming out, and one
of the gentlemen said Seacrets actually hires somebody to keep an eye on that side of the property when theyre all letting out late nights. I approve. BUCKLEY: Right! Okay. Ill accept a motion. MILLER: Lauren, do you want to go? TAYLOR: Well, Im just trying to find out what it is, because its not final site plan approval. BUCKLEY: We are, okay, we are, Im looking for a motion for favorable or unfavorable for the Condtional Use. MILLER: Which is the two additional pumps. TAYLOR: Well, having it at all, yeah. BUCKLEY: Yeah, and then preliminary site, which is based on this preliminary site plan. TAYLOR: Yeah, okay. I move that we recommend the approval of the conditional use as stated and the site plan as a preliminary site plan subject to site review, to staff review and site plan approval, but with no recommendations for changes, so whatever the staff recommends is probably what were going to be doing. SHANAHAN: Will we see the site plan again Blaine? SMITH: Well, if nothing changed, the question would be do you want to see it again, if nothing changes after the Mayor and Council consider your recommendation. Um TAYLOR: Well, is it going to them before we do final site plan? SMITH: Well, right now BUCKLEY: I need a motion and a second before we discuss it. SMITH: Yeah, okay. MILLER: Well, Ill second the Conditional Use approval. BUCKLEY: Okay, now, Ill take discussion on that motion. SMITH: Normally a Conditional Use comes with a preliminary site plan, because quite often, and you all have hammered out some of the conditions that have been incorporated so you didnt have to make a conditional approval because we have an update version. But its still preliminary in that, and I think the question was asked earlier, had the other departments seen this plan, and they have not, to that degree BUCKLEY: Um hm.
SMITH: it very well might meet everything thats been, and I think it will most likely because its an upgrade to what we got originally, and the original with the departmental wouldve went forward if hed wanted to. BUCKLEY: Right, but youre going to make sure that we put, I mean, most of these things, like with the downward lighting is in our Code. Its not something that we need to actually SMITH: Yeah, and it would be a condition of approval, right. BUCKLEY: Right, exactly. Anything else is on this particular site plan with the exception of the signage of no-thru, being a thru-street, and the adequate time to cross Coastal Highway, those are the only two items. SMITH: That would be either conditions of approval or recommendations. BUCKLEY: Right. SMITH: Right. BUCKLEY: So, I would like to add those as recommendations to the motion. TAYLOR: We dont have control over the timing device though. BUCKLEY: No, but the recommendation that we ask them to look, to take a look at it. Not that we can do anything, but, just for the neighborhood type of SMITH: Right, it may already be in the works with SHA because theyve tried to upgrade these crossovers with pedestrian safety. BUCKLEY: They have, yeah. But other than that, theyve done everything they can do for the neighborhood. SMITH: Yeah. BUCKLEY: Okay, well accept those additions to the motion, and the second, okay. Any other discussion? All in favor of sending a favorable rec TAYLOR: Just a matter of clarification Madam Chair BUCKLEY: Okay. TAYLOR: So the way it stands now, it will go to the Mayor and City Council and when they approve it we wont see it again. BUCKLEY: Correct, unless the Mayor and Council, or if the staff, find some issue with the site plan, then it would come back to us, maybe even after the Conditional Use hearing or
SMITH: And it would come back administratively if need to be. It would not be a public hearing, it would be a public meeting, and an open public meeting, but it would be an administrative review for site plan only if there are changes. BUCKLEY: Right, right. Peck? MILLER: I know we addressed the lighting. SMITH: Yes. MILLER: Not to be shown, on the west side of the building, and on the south side of the building, not to be shooting into those BUCKLEY: You didnt hear that part? MILLER: I know, I know, I just wanted to make sure thats the second part of this BUCKLEY: Oh okay. SMITH: And, it is a condition of approval, they have to meet our new lighting standards. BUCKLEY: They have to meet our lighting standards. SMITH: And thats actually in our lighting standards now. But my memory was, the testimony was, that there were wall-packs on that west side. BUCKLEY: Yes, there were. SMITH: Which did not meet the new standard. IOTT (from audience): We actually submitted picture cuts with this package, of lighting. BUCKLEY: Good job. SMITH: Yeah, but well administer that part. BUCKLEY: Okay, any other questions, comments? Okay, well Decatur lost, so were in deep remorse up here! (chuckle from Commissioners) BUCKLEY: All in favor of the motion? Aye, so moved. (gavel) Respectfully submitted by, Karen G. (Kay) Stroud Zoning Analyst May 8, 2012
10
MEMORANDUM
TO: FROM: Rochelle Outten, State Highway Administration Planning & Zoning Commission, Town of Ocean City
SUBJECT: Conditional Use/Site Plan Review Recommendation Cato, Inc., 5201 Coastal Highway DATE: March 22, 2012
The Commission reviewed the above Conditional Use Application/Site Plan Review on Tuesday, March 20, 2012. The Commission took your comments into advisement knowing that you had not seen the revised site plan showing the southerly Exit-Only onto Coastal Highway. Mr. Iotts office has forwarded the revised site plan, dated March 19, 2012, to you for further consideration. After reviewing the revised site plan, the Commission formed a consensus that the southerly Exit-Only would be a positive feature should it comply with SHA standards. Several commission members have local knowledge of the Exxon station at 85th street, which operates very successfully with a similar Exit-Only traffic flow on a similar street as 52nd. Please inform the Commission of your final decision in the matter.
Reply To:
Phone: Fax:
Planning and Zoning Commission P. O. Box 158 Ocean City, Maryland 21843 410-289-8855 410-289-8705
April 16, 2012 Cato, Inc. C/o Mr. Michael Abercrombie, Jr. P O Box 1030 Salisbury MD 21801 Dear Mr. Abercrombie: Re: Pursuant to the provisions of Article II, Division 5, Section 110-121, et. seq., Conditional Uses, a request has been filed under the provisions of Section 110-514(20), Uses permitted by Conditional Use in the LC-1, Local Commercial, District, to permit expansion of existing fuel service facilities. The site of the request is described as located on Parcels 6812 & 6813, Sinepuxent Plat, 1891 (Bayside); further described as located on the northwest corner of 52nd Street and Coastal Highway, and locally known as 5201 Coastal Highway, in the Town of Ocean City, Maryland. APPLICANT: CATO, INC. (FILE #12-12100003) Per the Planning and Zoning Commissions request, this letter is to advise you that the Commission will deliberate on Tuesday, May 1, 2012, at 7:00 p.m. on the closed public hearing that had originally taken place on March 20, 2012. Subsequent to the deliberations, the Commission will notify you as to their recommendation that will be forwarded to the Mayor and City Council concerning your request. Sincerely, Planning and Zoning Commission
Pam Greer Buckley Chairperson cc: Mayor and City Council All Planning and Zoning Commission Members William E. Esham, III, Attorney for Commission Jesse C. Houston, Director/Planning & Development File #12-12100003
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading Ordinance 2012-18 to Adopt the FY 2013 Budget
ORDINANCE 2012TOWN OF OCEAN CITY OPERATING BUDGET FISCAL YEAR 2013
SOURCE Section I, General Fund: A. Anticipated Revenue: Property Taxes Other Taxes Licenses and Permits Revenue From Other Agencies Charges For Services Fines and Forfeitures Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: General Government Public Safety Public Works/Beach Maintenance Sanitation and Waste Removal Highways and Streets Economic Development -Tourism Culture and Recreation Debt Service Sub Total To Transportation Fund To Airport Fund To Convention Center Fund To Vehicle Trust Fund To Capital Projects Total Expenditures
1ST READING FY-2013
2ND READING FY 2013
42,306,536 $ 14,359,087 3,883,300 4,395,639 8,725,492 675,000 424,344 1,885,799 76,655,197 $ 3,665,533 $ 33,072,659 4,783,375 5,568,131 4,900,408 6,730,104 7,366,729 4,551,710 70,638,649 $ 1,927,997 116,976 1,483,575 488,000 2,000,000 76,655,197 $
41,442,940 14,359,087 3,883,300 4,395,639 8,725,492 675,000 424,344 2,749,395 76,655,197 3,665,533 33,072,659 4,783,375 5,568,131 4,900,408 6,730,104 7,366,729 4,551,710 70,638,649 1,927,997 116,976 1,483,575 488,000 2,000,000 76,655,197
$ $
SOURCE Section II, Water Fund: A. Anticipated Revenue: Water Sales Water Fixture Charge Service Charges Capacity/Impact Fees Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $
1ST READING FY-2013
2ND READING FY 2013
3,349,934 $ 3,486,777 186,794 55,440 102,808 7,181,753 $
3,349,934 3,486,777 186,794 55,440 102,808 7,181,753
1,926,770 $ 3,121,098 1,068,885 1,065,000 7,181,753 $
1,926,770 3,121,098 1,068,885 1,065,000 7,181,753
Section III, Transportation Fund: A. Anticipated Revenue: Bus Revenue Train Revenue Federal and State Grants Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ 3,653,751 $ 3,421,656 1,530,000 8,605,407 $ 3,653,751 3,421,656 1,530,000 8,605,407 $ 2,951,577 $ 1,073,051 2,652,782 1,927,997 0 8,605,407 $ 2,951,577 1,073,051 2,652,782 1,927,997 0 8,605,407
SOURCE Section IV, Wastewater Fund: A. Anticipated Revenue: Wastewater Treatment Charges Service Charges Capacity/Impact Fees Build America Bond Subsidy Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ $
1ST READING FY-2013
2ND READING FY 2013
11,041,867 $ 958,578 96,800 133,381 101,226 12,331,852 $
11,041,867 958,578 96,800 133,381 101,226 12,331,852
4,199,765 $ 3,476,670 3,555,417 1,100,000 12,331,852 $
4,199,765 3,476,670 3,555,417 1,100,000 12,331,852
Section V, Airport Fund: A. Anticipated Revenue: Fuel Sales Rents and Other Revenue State and Federal Grants Service Charges Transfer-In From General Fund Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 311,695 $ 975,829 146,082 450,000 1,883,606 $ 311,695 975,829 146,082 450,000 1,883,606 $ 729,600 $ 351,530 427,500 108,000 116,976 150,000 1,883,606 $ 729,600 351,530 427,500 108,000 116,976 150,000 1,883,606
SOURCE Section VI, Municipal Golf Course Fund: A. Anticipated Revenue: Service Charges Sales and Concessions Other Revenue Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Transfer to General Fund Capital Outlay Total Expenditures $
1ST READING FY-2013
2ND READING FY 2013
1,737,052 $ 446,097 56,628 0 2,239,777 $ 1,046,401 $ 1,042,618 150,758 0 2,239,777 $
1,737,052 446,097 56,628 0 2,239,777 1,046,401 1,042,618 150,758 0 2,239,777
$ $
Section VII, Convention Center Fund: A. Anticipated Revenue: Service Charges State and County Grants Food & Beverage Tax Transfer-In From General Fund Prior Year Reserves Contributed Equity Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Transfer to Debt Service Reserves Capital Outlay Total Expenditures $ 1,813,428 $ 1,549,102 1,110,000 1,483,575 1,087,642 0 7,043,747 $ 2,967,379 $ 1,648,058 2,328,310 100,000 0 7,043,747 $ 1,813,428 1,549,102 1,110,000 1,483,575 1,087,642 0 7,043,747 2,967,379 1,648,058 2,328,310 100,000 0 7,043,747
$ $
SOURCE Section VIII, Information Technology Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Capital Outlay Total Expenditures $ $ $
1ST READING FY-2013
2ND READING FY 2013
1,743,443 $ 0 1,743,443 $
1,743,443 0 1,743,443
920,978 $ 822,465 0 1,743,443 $
920,978 822,465 0 1,743,443
Section IX, Service Center Fund: A. Anticipated Revenue: Service Charges To Other Funds Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services Debt Service Capital Outlay Total Expenditures $ 1,825,261 $ 3,535,101 0 0 5,360,362 $ 1,825,261 3,535,101 0 0 5,360,362 $ $ 5,360,362 $ 0 5,360,362 $ 5,360,362 0 5,360,362
SOURCE Section X, Vehicle & Equipment Trust Fund: A. Anticipated Revenue: Service Charges To Other Funds State and Federal Grants Sale of Assets Transfer In From General Fund Total Revenue B. Anticipated Expenditures: Non-Personal Services Debt Service Transfers Out Capital Outlay Total Expenditures $ $
1ST READING FY-2013
2ND READING FY 2013
2,380,353 $ 1,984,500 150,000 488,000 5,002,853 $
2,380,353 1,984,500 150,000 488,000 5,002,853
760,721 $ 0 0 4,242,132 5,002,853 $
760,721 0 0 4,242,132 5,002,853
Section XI, Risk Management Fund: A. Anticipated Revenue: Service Charges To Other Funds Interest Earned Prior Year Reserves Total Revenue B. Anticipated Expenditures: Personal Services Non-Personal Services/Claims Capital Outlay Total Expenditures $ 236,940 $ 1,937,895 0 2,174,835 $ 236,940 1,937,895 0 2,174,835 $ 2,109,754 $ 65,081 0 2,174,835 $ 2,109,754 65,081 0 2,174,835
SOURCE Section XII, Pension Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Employee's Retirement Total Expenditures Section XIII, OPEB Trust Funds: A. Anticipated Revenue: Employer Contributions Employee Contributions Investment Earnings Total Revenue B. Anticipated Expenditures: Benefit Payments Non-Personal Services Reserve for Retiree Health Total Expenditures $ $
1ST READING FY-2013
2ND READING FY 2013
6,128,044 $ 1,715,000 3,925,000 11,768,044 $ 4,225,000 $ 600,000 6,943,044 11,768,044 $
6,128,044 1,715,000 3,925,000 11,768,044 4,225,000 600,000 6,943,044 11,768,044
$ $
3,858,750 $ 155,000 235,000 4,248,750 $ 850,000 $ 55,000 3,343,750 4,248,750 $
3,858,750 155,000 235,000 4,248,750 850,000 55,000 3,343,750 4,248,750
$ $
SOURCE Section XIV, General Capital Projects Fund: A. Anticipated Revenue: General Fund Contribution Bond Proceeds Inlet Lot Parking Revenue Total Revenue B. Anticipated Expenditures: Street Paving Reserve for Future Capital Projects Total Expenditures $ $
1ST READING FY-2013
2ND READING FY 2013
2,000,000 0 290,000 2,290,000 $
2,000,000 0 290,000 2,290,000
2,000,000 290,000 2,290,000 $
2,000,000 290,000 2,290,000
Section XIV, All Funds Expenditure Summary: General Fund Water Fund Transportation Fund Wastewater Fund Airport Fund Municipal Golf Course Fund Convention Center Fund Management Information Services Fund Service Center Fund Vehicle & Equipment Trust Fund Risk Management Fund Pension Trust Funds OPEB Trust Fund Sub Total LESS: Interfund Transfers Total Expenditures Capital Projects Fund - General Grand Total $ $ $ 76,655,197 $ 7,181,753 8,605,407 12,331,852 1,883,606 2,239,777 7,043,747 1,743,443 5,360,362 5,002,853 2,174,835 11,768,044 4,248,750 146,239,626 $ (27,597,254) 118,642,372 $ 2,290,000 120,932,372 $ 76,655,197 7,181,753 8,605,407 12,331,852 1,883,606 2,239,777 7,043,747 1,743,443 5,360,362 5,002,853 2,174,835 11,768,044 4,248,750 146,239,626 (27,597,254) 118,642,372 2,290,000 120,932,372
Section XV, Special Authorization - Budget Manager: The Budget Manager shall be authorized to reallocate departmental appropriations among the various objects of expenditures as she deems necessary. Such changes shall be approved by the Finance Administrator & City Manager. Section XVI, Restrictions - City Manager: A. The utilization of any contingency appropriation shall be accomplished only with prior authorization from the Mayor and Council. B. Utilization of appropriations established in the Capital Improvement Fund may be accomplished only with the express approval of the Mayor and Council. Section XVII, Tax Rate: An Ad Valorem Tax Rate of $0.4685 per $100 of assessed valuation of real property and a rate of $1.29 per $100 of assessed valuation of corporate and personal property tax is required to fund this budget. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on May 7, 2012. 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 May 21, 2012.
RICHARD W. MEEHAN, MAYOR
KELLY ALLMOND, CITY CLERK
JAMES S. HALL, PRESIDENT
LLOYD MARTIN, SECRETARY ADOPTED: Date
MOTION TO ADOPT BY: MOTION SECONDED BY: VOTE: FOR: AGAINST:
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR B. First Reading Ordinance Authorizing the Abandonment of an Existing 20 Foot Wide Alley and Quit Claiming Any Interest Therein in Exchange for a 20 Foot Fee Simple tract of Land Approximately 80 Feet to the West (pertains to north-south alley between 67th and 68th Street)
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR C. First Reading Ordinance to Amend Chapter 30 Entitled Environment (to revise critical area enforcement language per State regulations and to codify current critical area policies regarding redevelopment projects)
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR D. First Reading Ordinance to Amend Chapter 30 Entitled Environment (to allow noise permit control number decals to be displayed on a window adjacent to the front door or maintained in a book fashion)
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR E. Resolution to Authorize the Disposition of Personal Property (to sell vehicles and miscellaneous items on GovDeals.com)
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 12 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR F. Resolution Establishing Laboratory Test Fees Effective July 1, 2012 (pertains to wastewater laboratory testing)
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER A. Bid Award Recommendation for Annual Mowing Contract; ARC Flash Hazard Study; and Golf Car Lease
M emorandum
Date: To: From: Re: May 15, 2012 Richard W. Meehan, Acting City Manager Jaime Giandomenico, Airport Manager Ocean City Municipal Airport Exercise option to Renew Airport Mowing Contract
Attached for your review is the proposed agreement for a three (3) year extension to the existing Airport Grass Mowing Contract. The current agreement expires May 31, 2012. An RFP was issued by the Town of Ocean City, and bids were opened on May 1, 2012. None of the respondents were able to match the current contracted price for these services. In an effort to obtain the best possible value for the Town of Ocean City I respectfully request the Councils approval to renew the existing contract with JNS services for an additional three years. Both parties wish to exercise this option and extend the agreement until May 31, 2015.
IN TE R OF F IC E M E M OR A N DU M
TO: FROM: SUBJECT: DATE: CC:
RICHARD W. MEEHANMAYOR / INTERIM CITY MANAGER DEAN DASHIELL SENIOR PROJECT MANAGER ARC FLASH HAZARD ANALYSIS 5/16/2012 HAL ADKINS; JIM PARSONS; HOWARD IMAN; & CHARLES FELIN
On May 1, 2012 we received, and opened bids for the ARC Flash Hazard Analysis. The work proposed in this Analysis is for the Water and Wastewater Facilities and the costs will be shared accordingly. Three bidders submitted a responsible document. I have listed the responsible bids below. BASE BID 1. ABM Electrical Power 2. Atlantic Industrial & Mechanical 3. Shah Associates, Inc. $ 11,316.00 $ 24,500.00 $ 38,010.00 ALTERNATES $ 30,504.00 $ 35,60000 $ 71,379.00
I have performed a review of the lowest bid submitted and found ABM Electrical Powers bid submission in order with the required documentation and conforming to the specifications. The funding for this work is obtained from the Water and Wastewaters 2012 Building Maintenance Accounts. Staff Estimate was $ 68,000.00. I would like to make a recommendation to the Mayor & City Council that we award this contract to ABM Electrical Power in the amount of $ 41,820.00.
End of Memorandum
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MEMORANDUM
TO: FROM: DATE: RE: Rick Meehan, Interim City Manager Tom Shuster, Director of Recreation & Parks May 16, 2012 Golf Car Lease Bid Award
The Council opened 3 bids for the Golf Car Lease for Eagles Landing Golf Course on May 15, 2012 and remanded to staff for review. Following review by Bob Croll, we recommend the Council consider awarding the contract to Golf Car Services (EZGo) for the 48 month lease term for a total cost of $280,435.20. This bid price is equivalent to $70,108.80 per year. The staff has estimated this expense to be $72,000 per year, so the cost will be within our budget. Would you please present this for action by the Council at their meeting of May 21, 2012? Thanks
cc: Bob Croll Joe Sobczak
P:Tom/Eagles Landing Golf Course/Golf Car Lease Bid Award May 2012
EAGLES LANDING GOLF CAR LEASE BID COMPARISON MAY 2012 FOR PERIOD: August 15, 2012 August 14, 2016
BIDDER Golf Cart Services, Inc
MONTHLY BID $5,842.40
TOTAL BID $280,435.20
Golf Car Specialties
$6,332.80
$303,974.40
Horizon
$5,965.60
$286,348.80
Staff estimate is $72,000 per year

P:Tom/Eagles Landing Golf Course/Eagle's Landing Golf Car Lease Bid Compilation 2012
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER B. Upcoming Bid Openings: Elevator/Escalator Maintenance Contract and Fire Sprinkler/Suppression System Maintenance Contact
INTERDEPARTMENTAL MEMO
To: From: Date: Subject:
Richard W. Meehan, Mayor / Interim City Manager Dean Dashiell, Senior Project Manager May 16, 2012 Up and Coming Bid Notices Elevator/Escalator Maintenance Contract Fire Sprinkler / Suppression System Maintenance Contract
Please accept this memo as formal notification that I intend to receive sealed bids on July 10, 2012, at the scheduled Mayor & City Council Work Session, for the following projects: Elevator / Escalator Maintenance Contract Fire Sprinkler / Suppression System Maintenance Contract Funding for this work is supported by the applicable department budgets. cc: Mr. Hal Adkins, Director of Public Works Mr. Jim Parsons, Chief Deputy Director Mr. Joe Sobczak, General Services Director
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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 14 COMMENTS FROM CITIZENS - 5 MINUTE TIME LIMIT
REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, MAY 21, 2012 15 COMMENTS FROM THE MAYOR AND CITY COUNCIL

May 21 2012 Complete Agenda

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May 21 2012 Complete Agenda

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AGENDA MAYOR AND CITY COUNCIL REGULAR SESSION MONDAY, MAY 21, 2012 6:00 P.M.

HURRICANE AWARENESS WEEK May 27 June 2, 2012

____________________________________ RICHARD W. MEEHAN Mayor

5 PIS Karaoke & Beach Volleyball PE - Summer of Thanks Beach Fireworks

7 PIS Dodgeball PE National Guard Senior Week Display TENTATIVE

11 PE National Guard Senior Week Display TENTATIVE

12 PIS Karaoke & Beach Volleyball PE - Summer of Thanks Beach Fireworks

20 PE Firemens Parade PE Ambridge HS Steel Band Performance

23 PE - Beach 5 Sand Soccer PE - Plein-Aire

Ocean City Private Events

New Event: YES

Date Applicant Notified of Meeting:

Amount: Beach Franchise Notified:

PrivateEventApplication For FraternalOrderofLeatherheadsSociety,International OceanCity(Alpha)Chapter

Bea rde d Cla

AreadenotedwithintheORANGEperimeteristheproposedoutsideeventarea. Theperimetershallbecomprisedoftemporaryorangeconstructionfence. A15footwideemergencyvehiclelanewillbedesignatedwithorangetrafficcones

Aladdertruck,withladderextendedandlargeAmericanflagunfurledbeneathwillbeplacedontheEasternend oftheoutdoorperimeter.Thisservestodemonstratethepride,patriotismandtraditionsofthefireserviceand isthelocationthatthevisitingPipe&Drumstraditionallyplay.

1. INCIDENT NAME: BROTHERHOOD BLOCK PARTY 12 4. OPERATIONAL PERIOD

2. DATE: 19 JUNE 2012 5. OPERATIONAL MODE: SPECIAL EVENT

BEGIN: 17:30 END: 23:30 6. GENERAL SITUATION:

7. GENERAL CONTROL OBJECTIVES FOR THE INCIDENT (INCLUDING ALTERNATIVES):

8. WEATHER FORECAST FOR OPERATIONAL PERIOD:

9. GENERAL SAFETY MESSAGE:

10. PREPARED BY (PLANNING SECTION)

11. APPROVED BY (INCIDENT COMMANDER)

4. OPERATIONAL PERIOD BEGIN: END:

5. INCIDENT COMMANDER & STAFF

BRANCH 4 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF:

BRANCH 5 OFFICER: SAFETY: FF: FF: FF: FF: FF: FF:

DIVISION ASSIGNMENT LIST

OPERATIONS CHIEF BRANCH DIRECTOR

OPERATIONS PERSONNEL DIVISION/GROUP SUPERVISOR SAFETY RESOURCES ASSIGNED THIS PERIOD

STRIKE TEAM/TASK FORCE DESIGNATION

COMMUNICATIONS SUMMARY GROUP/DIVISION FREQUENCY

EMERGENCY OPERATIONS MEDICAL

Ocean City Special Events Private Events

Total Cost to Town: $264.00

Date Insurance Certificate Received: _______

PRIVATE EVENT APPLICATION

$100.00 For Profit Applicants, $25.00 Non-Profit Applicants

3. DATE(S) OF EVENT ____6/2/2012________________________________________

OC Tri-Running.com 9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________

yes 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

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

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

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

PE - Endless Summer Cruisin

PE - Endless Summer Cruisin PE - Surf Fishin

PE - Endless Summer Cruisin PE - Surf Fishin

PE - Endless Summer Cruisin PE - Surf Fishin

PE -OCtoberfest PE -OC Rally PE -ACS 5K/1 Mile TENTATIVE

PE - OCtoberfest PE - Seaside 10 PE - ESA Surf Event

PE - OCtoberfest PE - ESA Surf Event

Ocean City Private Events

Date Applicant Notified of Meeting:

Amount: Beach Franchise Notified:

PRIVATE EVENT APPLICATION

NON-REFUNDABLE APPLICATION FEE:

Saturday, Oct. 20, 2012 3. DATE(S) OF EVENT __________________________________________________

5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________

Yes 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? N/A

N/A 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

N/A 35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

3. DATE(S) OF EVENT 6/2/2012____________________________________

OC Tri-Running.com 9. ORGANIZATION REPRESENTING: ___ _ ___________________________________

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

37. EXPECTED NUMBER OF PARTICIPANTS: _900+______