April 29 2014 Complete Agenda

MAYOR AND CITY COUNCIL

WORK SESSION Tuesday, April 29, 2014 – 1:00 P.M.

A Closed Session is scheduled from 11:00 A.M. – 1:00 P.M.

to discuss legal, contractual, real estate and personnel matters.

AGENDA

1. CALL TO ORDER

2. REPORT ON CLOSED SESSION – Tuesday, April 29, 2014 – 11:00 a.m. – 1:00 p.m.

3. ACKNOWLEDGEMENTS AND RECOGNITIONS

4. COMMENTS FROM THE PUBLIC Any person who may wish to speak on a matter scheduled for discussion on the Work Session Agenda

may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name,

address and the Agenda item on which he or she wishes to speak.

5. NEW BUSINESS

A. B. Lilley Productions, LLC presentation of: 1. 2014 Air Show – June 14‐15, 2014 2. Request for Approval of Air Show Food and Beverage Franchise

B. Private Event Request for Approval of Tall Ships – August 1 – September 1, 2014 with consideration of Pirates Festival presented by Private Events Coordinator

C. Discussion of Tourism Strategic Plan presented by Tourism Director

D. GIS Overview presented by Planning and Community Development Director

E. Discussion of Smoking on the Beach presented by Planning and Community Development Director

F. Discussion of Revision to PPM 800‐11 regarding Fund Balance presented by Finance Administrator

G. Request to Approve Picnic Table Agreements presented by City Clerk

H. Discussion of FY15 Proposed Budget presented by City Manager

6. ADJOURN

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014

2. Report on Closed Session – April 29, 2014 – 11:00 a.m. – 1:00 p.m. – Legal, Contractual, Real Estate and Personnel

Matters

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES:

X

1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business

X 3. To consider the acquisition of real property for the public purpose and matters directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state;

5. Consider the investment of public funds; 6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potential litigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations;

10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including;

a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

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

13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding or matter; or

X

14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

DATE AND TIME: Tuesday, April 29, 2014 11:00 a.m. PLACE: City Hall SUBJECT: Legal, Contractual, Real Estate and Personnel Matters VOTE: UNANIMOUS OTHER: FOR: AGAINST:

ABSTAIN: ABSENT:

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

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

29, 2014, a closed session was held on Tuesday, April 29, 2014 at 11:00 a.m. The

following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal, Contractual, Real Estate and Personnel Matters

(b) Persons present:

Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare and

Joe Mitrecic City Solicitor Guy Ayres City Engineer Terence McGean Public Works Director Hal Adkins Executive Office Associate Diana Chavis Action(s) taken:

Motion to close meeting:

Time adjourned:


4. COMMENTS FROM THE PUBLIC

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

Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.


5. NEW BUSINESS

A. B. Lilley Productions, LLC presentation of:

1. 2014 Air Show – June 14-15, 2014 2. Request for Approval of Air Show Food and Beverage Franchise

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Frank Miller, Special Events Superintendent RE: 2014 Ocean City Air Show DATE: April 23, 2014 ISSUE(S): The OC Air Show promoter is required by MOU to keep the Mayor

and Council updated on the Air Show planning. SUMMARY: Mr. Bryan Lilley will provide an update on the planning for the Air

Show to include: 1. Review of performer line up to date. 2. Progress on securing host hotels to provide complimentary

rooms for Air Show performers. 3. Review of the 2014 sponsors and brand items committed to

date. FISCAL IMPACT: This update will not increase the Town’s Financial support to the

Air Show. RECOMMENDATION: Council provides guidance as needed. ALTERNATIVES: Not applicable RESPONSIBLE STAFF: Frank Miller, Special Events Superintendent COORDINATED WITH: City Staff

Bryan Lilley of Bryan Lilley Productions City Solicitor Guy Ayres

ATTACHMENT(S): 1. Cover

2. June 2014 Calendar 3. Air Show MOU 4. Application 5. Air Show Brand Item Photo

Agenda Item # 5A(1)

Council Meeting April 29, 2014

Sun Mon Tue Wed Thu Fri Sat

1

PE – Ravens’ Beach Bash

PE – PIS Karaoke

2 3

PE – PIS Karaoke &

Volleyball

4

PE – PIS Basketball 5

PE – PIS Dodge Ball 6

PE - Longboard Challenge

– TENTATIVE PE-PIS Tennis

7

PE - Longboard Challenge

- TENTATIVE

8

PE - Longboard Challenge – TENTATIVE

PE – OC Cruzers

PE – PIS Karaoke

9 10

PE – PIS Karaoke & Volleyball

11

PE – PIS Basketball 12

PE – PIS Dodge Ball 13

PE – Sun Run – TENTATIVE

PE – Wine in the Park

PE-PIS Tennis

14

PE – Wine in the Park Arts Alive

PE - Air Show –

TENTATIVE PE – Sand Duels Beach

Soccer – TENTATIVE

PE – DE Volleyball Beach Bash

15

PE – Wine in the Park

Arts Alive PE - Air Show –

TENTATIVE

PE – Beach 5 Sand Soccer PE – OC Cruzers

PE – DE Volleyball Beach

Bash PE – PIS Karaoke

16 17

PE – Firemen’s Pipe &

Drum PE – PIS Karaoke &

Volleyball

18

PE - Firemen’s Parade 19 20 21

PE – Beach 5 Sand Soccer

22

PE – Beach 5 Sand Soccer - TENTATIVE

23 24 25 26

PE – Dew Tour 27

PE – Dew Tour 28

PE – Dew Tour

29

PE – Dew Tour

30

2014

June

Vehicle (Red Bull MTX) proposed to be on area of beach controlled by OC Air Show Saturday and

Sunday, June 14 and 15, 2014.

TOWN OF OCEAN CITY

301 BALTIMORE AVENUE

OCEAN CITY, MARYLAND 21842

MEMORANDUM of UNDERSTANDING

BETWEEN

THE MAYOR AND CITY COUNCIL TOWN OF OCEAN CITY, MARYLANDAND

OCEAN CITY AIR SHOW, LLC.

SUBJECT: OCEAN CITY AIR SHOW 2013, 2014 and 2015 (OCAS)

1. Purpose. This Memorandum of Understanding (MOU) defines the terms by which theOcean City Air Show (OCAS) shall be presented in 2013, 2014 and 2015, provides anautomatic approval for a future year and identifies what each party shall accomplish andthe suspense dates for each. The annual Private Event Application for the Air Show andall signed disclosures shall be incorporated into this MOU by reference.

2. Request for Permission to Conduct Event: Ocean City Air Show, LLC (OCLLC) hasapproached the Town of Ocean City for the continued conduct of an air show. A successfulAir Show has been accomplished for five years from 2008 to 2012. This MOU follows andincorporates an annual review of a Private Event Application by the City Staff andapproval by the Mayor and City Council.

3. Event Summary: Ocean City Air Show, LLC, shall produce the 2013 OCAS withassistance from with the TOC, which will take place on Saturday and Sunday, June 8 and 9with a preview /rehearsal day on Friday, June 7, 2013 and on a mutually agreed uponweekend in future years. The 2013 Air Show shall include the United States Navy's BlueAngels demonstration team serving as the anchor for the show including other militaryaerial demonstrations and fly bys, civilian aerial demonstrations and ground exhibits.

4. Scope. This Memorandum of Understanding includes the planning, coordination andexecution of OCAS and identifies tasks /responsibilities for each party. This memorandumshall remain in force until terminated by either party.

5. Financial Agreement: The Town of Ocean City shall provide an annual allocation of35,000.00to the OCAS to be spent by the Town in support of the air show with aforecasted budget as follows and will be managed by the Town's representative:

a. Air Boss ........................... ............................... ......................$3,000.00b. Announcer ........................ ............................... ......................$3,000.00c. Public Address Contractor .... ............................... .....................$10,000.00

d. Military Demonstration Team Fees ($6,000.00per day for 2 days).......$12,000.00e. Aviation Fuel (price per gallon determined at fuel truck price) .............$7

Page 1 of 5

These funds will be dispersed using the Town's Financial Management System.In the event there are unapplied funds remaining after the payment of the above budgetitems they will be applied to flight operations related expenses such as performer fees,smoke oil, aircraft fuel/oil, etc. The expenses that these funds are spent on will be bymutual agreement of OCLLC and TOC.

6. The attached site diagrams shall be a part of this MOU.

7. The following identifies the responsibilities of Ocean City Air Show, LLC:

a. Soliciting and securing all sponsorships while complying with theTown's beverage and sun care product sponsorships. Sponsorships shall notinclude drugs, sex or tobacco. Alcohol or gambling sponsorship is permissibleprovided that no messages encourage the act of gambling or promote theconsumption of alcohol. Alcohol- related messages must be used as a positiveteaching public service announcement, i.e. " beer name - Drink Responsibly."

b. Coordinating all air operations.c. Complying with the OC Air Show Timeline (attached).d. Paying for any Town of Ocean City supplied in -kind services beyond the

100,000.00in -kind services approved. In -kind services are tracked by theTown's budgeting process.

e. Creating, printing and paying all invoices related to each show by August 31stof each year.

E Coordinating all advertising and promotion supplementary to the Town's.g. Keeping the Mayor and City Council fully informed of actions related to the

Air Show. This will require an update once every 90 days until the show.h. Complying with all Federal, State, County and City statutes, ordinances and

codes.

i. Coordinating the Public Address system or an acceptable means ofbroadcasting the narration and audio for the OCAS to the spectators on thebeach from 14 Street to 17 Street.

j. Providing the tents, food and beverage vendors for the area defined as ShowCenter, which will extend from the Boardwalk to the high water markbetween 14 and 17 Streets, allowing Ocean City Beach Patrol (OCBP)vehicle passage directly from the west to the east perimeter's.

k. Providing $5,000,000.00 in liability insurance as follows:1. Insurance shall provide for $1,000,000.00 per occurrence coverageand $5,000,000.00 aggregate coverage.2. Insurance shall list Ocean City Air Show, LLC as named insured andMayor and City Council as additional insured. This document must be onfile with the Town's Risk Manager prior to the arrival of any air showrelated aircraft.

1. Coordinating all military and civilian performer participation.m. Coordinating ground exhibits.n. Providing contract security for Show Center and the military recruiting

displays in the Inlet Lot.o. Preparing and submitting applications /permits with the Department of

Defense, Federal Aviation Administration (FAA), Worcester County for

Page 2 of 5

alcoholic beverages and Health Department for food and with the Town's FireMarshal for tents.

p. Contracting and coordinating for event management services for the OCAS.q. Providing hotel rooms for all performers.r. Insuring the local Banner Plane Businesses may operate before, during and

after Air Show Operations.s. Concluding a mutually agreeable contract with the Beach Franshise Vendors

located within the footprint of the Show Center for the period of load in toload out.

t. Providing portable toilets on the beach within Show Center, which are to beserviced daily.

u. If OCAS is not able to secure one of the following headline acts before March1st of any year during the term of the agreement, then TOC shall have theright to cancel the event for that respective year:

1. U.S. Air Force Thunderbirds

2. U.S. Navy Blue Angels3. Canadian Air Force Snowbirds

4. Two (2) or more U.S. Military Jet CapabilitiesDemonstrations

OCAS LLC will inform the Town's representative that this requirement hasbeen met by March 1' of each year.

v. Comply with the Town's food and beverage franchise agreement.

8. The Town of Ocean Citv is responsible for providin

a. Advertising annually to include:1. One (1) each 24' x 40' billboard from May 1' through the final

day of the show each year.2. Displaying 1 each banner (3' x 20 at Route 90 from April 1 though

the final day of the show each year if space is available.3. Including the OC Air Show in local advertising where possible.4. Six (6) ea 6' x 3' bus boards from April 1 though the final day of the

show each year.5. Placement of 20 pairs of banners provided by OCAS on all Boardwalk

lamp posts from April 1 through the final day of the show each year.b. Contracting the items identified in the Town's Air Show annual allocation.c. Up to $100,000.00of in -kind services as determined by the Town.d. The Ocean City Airport as the support site for aviation operations at no

additional cost to the Town.

e. Use of all ground support equipment currently available at the airport at noadditional cost to the event unless the TOC incurs a cost in sourcing it from athird party.

L Conducting a Media Day at the Ocean City Airport during the rehearsal dayof each year.

g. Access to the beach in the area of Show Center and a 300' x 150' space in thenorthwest corner of the inlet parking lot for military recruiting displays andmobile marketing tours that do not compete with boardwalk businesses.

Page 3 of 5

h. Complying with the annual Air Show Timeline (attached). The Timeline willbe composed by and agreed to by the primary agents for the Air Show andthe TOC.

i. Public Safety support, maintaining the beach, public transportation as statedand trash removal. Promoter must put all solid waste in containers.

j. Submitting permits with the United States Coast Guard (USCG).k. Sand fencing around and within at Show Center.1. Emergency Operations and response.m. Notice To All Airmen (NOTAM) providing times and locations of closed air

space.n. Letter to Boat Operators providing dates and times of closed surface (ocean)

and air space.o. 15th, 16th, 17th and 18th Streets from Baltimore Avenue to the Boardwalk

for ground displays and air show related vendors. All but the east most 50feet of 18th Street will be used for Air Show related parking. When providedwritten approval by all businesses /property owners located on either side of12th Street to 14th Street, block off the east most 100 feet for displays and airshow related vendors. On 19th Street and 20th Street, block the east most 50feet for displays and air show related vendors.

p. Permitting OCAS to serve beer, wine and malt beverages (not to exceed 22%alcohol per volume) on the beach from 11:00 a.m. until 4:00 p.m. in the areadefined as Show Center on one rehearsal day and Saturday and 12:30 p.m. to4:00 p.m. on Sunday and on mutually agreed upon dates in future shows,subject to approval by the Worcester County Board of LicenseCommissioners.

q. One (1) City -owned bus and driver for transportation of performers andaircraft ground crews to and from the NASA Wallops Flight Facility on thearrival of the military jet team support staff and as agreed immediatelyfollowing the event.

r. Shuttle bus service directly to the Air Show (16th Street) from the southConvention Center Parking Lot (if lot is available). Air Show patrons will notpay to park but will pay any existing fees for the bus service. Priority for thislot is to events contracted by the Town's Convention Center.

s. The TOC will permit the sale of food and beverage on the beach within AirShow Center. For this purpose, a Beach Franchise shall be approved by theMayor and Council.

9. The terms of this MOU shall be three (3) years with a termination date of December 31,2015, unless sooner terminated as provided herein.

10. Operational Security Provision: In the event of exigent circumstances arising duringthe course of the Air Show, the Town may, at its sole discretion, deploy or divert suchpublic safety personnel and resources as deemed necessary. In the event of an emergency,the Town of Ocean City may cancel the event in the course of its emergency procedures. Inthe event of inclement weather the parties, after consultation with the Air Showperformers, may cancel or postpone the event.

11. The Town of Ocean City shall receive no portion of the OCAS profits.

Page 4 of 5

12. The Special Events Director of the Town of Ocean City shall serve as the Town's Agentfor the planning, coordination and execution of the Ocean City Air Show. The Manager ofOcean City Air Show, LLC shall serve as the representative of OCAS.

13. Termination. This Agreement shall be effective when signed below and may beterminated by either party in the event of a material breach. Before such termination, theparty citing the material breach shall give the breaching party thirty (30) days writtennotice and an opportunity to cure the breach within such period.

14. In the event a dispute arises regarding this MOU, which cannot be resolved by theparties, the matter shall be submitted to mediation before commencement of litigation or asagreed by the parties.

15. Non Assignment. The parties hereto recognize that the current Manager of OC AirShow, LLCis an integral part of the success of the Air Show and is the key man, andwithout his active participation in the organization and promotion of the Air Show theTown of Ocean City would not enter into this MOU. This MOU is not assignable by OceanCity Air Show, LLC without the express written consent of the Mayor and City Council ofOcean City, which consent may be withheld for any reason at the sole discretion of theMayor and City Council of Ocean City. Furthermore, should the current manager cease tobe associated with Ocean City Air Show, LLC or be unable to actively participate due todeath, incapacity or for any other reason, the Mayor and City may terminate this MOU.

16. No Partnership. This MOU does not create a partnership or any other business entityor affiliation between the parties, other than to define the respective rights and obligationsof the parties as to the presentation of the Ocean City Air Show.

17. Final Agreement. This MOU represents the final agreement between the parties hereto,and shall only be amended or modified by written agreement between the parties.

Ocean City Air Show, LLC David L. Recor

Bryan S. Lilley, Manager, 2 ,' ` City Manager ,on behalf of Ocean City ' r Show, LLC Z F a or and Ci Council

Date Z /Z < , Date

Page 5 of 5

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Frank Miller, Special Events Superintendent RE: Ocean City Air Show Food and Beverage Franchise DATE: April 23, 2014 ISSUE(S): Request for approval of 2014 Air Show Food and Beverage

Franchise SUMMARY: In order for the Air Show to conduct food and beverage

operations/sales on the beach in the area defined as Show Center, Council must annually approve a Food and Beverage Franchise. If approved, City Solicitor Guy Ayres will prepare a resolution. A Food and Beverage Franchise permits Bryan Lilley to sell beer, wine, malt beverages and food on the beach in the area of show center during the period of Friday thru Sunday, June 13-15, 2014.

FISCAL IMPACT: Franchise does not increase the Town’s financial support to the Air

Show. RECOMMENDATION: Approve Food and Beverage Franchise for 2014 Air Show. ALTERNATIVES: Do not approve. RESPONSIBLE STAFF: Frank Miller, Special Events Superintendent COORDINATED WITH: City Staff

Mr. Bryan Lilley of Bryan Lilley Productions City Solicitor Guy Ayres

ATTACHMENT(S): Franchise to operate a concession for sale of food and alcohol on

the beach.

Agenda Item # 5A(2)


Now, therefore, be it resolved by Mayor and City Council of Ocean City that OC Air Show, LLC be, and it

is hereby, granted a franchise to operate a concession for sale of food products, beverages (alcoholic

and non-alcoholic including malt drinks [not to exceed 22% alcohol per volume]), merchandise and

memorabilia commemorating Ocean City Air Show 2014 on the beach and within 75-feel of the

Boardwalk (Atlantic Avenue) between 14th and 17th Streets on Friday, June 13 from 11:00 am to 4:00 pm,

on Saturday, June 14 from 11:00 am to 4:00 pm and 7:00 pm to 10:00 pm and on Sunday, June 15 from

11:00 am to 4:0 pm and to operate a concession for the sale of merchandise and memorabilia

commemorating the Ocean City Air Show 2014 during the same date and times on the east most 100-

feet of the 12th Street to 14th Street (with written permission of the business/property owner

immediately adjacent to these streets), on 15th to 18th Streets from Baltimore Avenue to the Boardwalk

and on the east most 50-feet of 19th and 20th Streets and within a 300-foot by 100-foot space located in

the northwest corner of the Inlet Parking Lot.


5. NEW BUSINESS

B. Private Event Request for Approval of Tall Ships August 1 – September 1, 2014 with consideration of Pirates Festival presented by Private Events Coordinator

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Frank C. Miller, Special Events Superintendent RE: OC Tall Ship Event – August 1, 2014 – September 1, 2014 DATE: April 24, 2014

ISSUE(S): Request approval of event, modifications and cost-sharing proposal SUMMARY: The Spanish Galleon ANDALUCIA and its sister ship the NAO

VICTORIA will arrive in Ocean City, July 31, 2014, open to patrons on August 1, complete tours on September 1 and depart no later than September 2. The proposed location for the vessels to berth is the bayside boardwalk between 3rd and 4th Streets. Modifications to the boardwalk are required, including the addition of a second set of mooring anchors between 3rd and 4th Streets designed for 40 mph wind and 4 ft/sec current. The additional anchors will consist of: four 2’x6’x6’ concrete mat anchors: $3,000; four 24”- 10 ton rated cleats: $1,520; and miscellaneous labor to remove and replace boardwalk, install

anchors, remove railing as required for gangway and rope access to cleats, and placement of tires and hardware to act as bumpers (minimum four locations).

Total projected cost is $5,920. This is the same cost estimate as in 2013 for the first set of cleats and modifications.

It is recommended that the aforementioned costs be split 50/50 between promoter and Town. The proposed event location requires closing Chicago Avenue between 3rd and 4th Streets. This area includes 12 paid parking spaces. This area is closed to regular vehicular traffic to allow for pedestrian foot traffic around and near gangway to vessel as well as placement of a ticketing location, food and beverage sales, additional restrooms and a small allocation of vendors (retail and sponsor mix). Pirates Festival: Adjacent ball field is proposed for placement of vendors for a shorter duration sub-event expected to encompass an extended weekend for the production of a Pirates Festival. The date and specifics about the proposed festival are not available as of this submission, but staff has made some preliminary comments

Agenda Item # 5A(3)


as noted on the attached Cover. Please note that this field area is used as an emergency landing zone (LZ) by EMS/State Police. Temporary relocation of the LZ is a viable consideration to be addressed as more information becomes available. Additional needs are electric for ticket sales location and F&B provider, water hookup for vessel (garden hose connection from fish cleaning station), trash removal as part of normal routine, closure of street with barricades, possible closure of curbside parking on 3rd Street for volunteers/event staff. Upon approval, staff shall create MOU and general liability release for approval by City Solicitor, City Manager and Applicant.

FISCAL IMPACT: $2,960 Cost share for second set of mooring anchors.

Positive economic impact from media coverage, lodging, food and beverage and other incidental expenditures.

RECOMMENDATION: Approve 2014 Tall Ship event.

Approve $2,960 cost share for second set of mooring anchors. ALTERNATIVES: Defer to Mayor and Council RESPONSIBLE STAFF: Frank C. Miller, Special Events Superintendent

Lisa Mitchell, Private Events Coordinator

ATTACHMENTS: 1) Cover 2) Calendars 3) Application 4) CAD Drawing of site layout


1 2 3 4 5

PE – DE Volleyball

Beach Bash

6


Beach Bash Rain

Date

7 8 9

COB 10 11 12

13

PE – Showell 1st

Grade Boardwalk

Walk – TENTATIVE

SIP

14 15 16

COB 17 18 19

PE – Swim OC

20

SIP 21 22 23

COB 24 25 26

27

PE – OC Cruzers –

TENTATIVE

SIP

28

Jesus at the Beach 29



PE – Tall Ships -

TENTATIVE

2014

July


1

PE – Tall Ships -

TENTATIVE

2


Summer Heat

PE – Tall Ships -

TENTATIVE

3

SIP


Summer Heat Rain

Date

PE – Tall Ships -

TENTATIVE

4

PE – Tall Ships -

TENTATIVE

5

PE – Tall Ships -

TENTATIVE

6

COB

PE – Tall Ships -

TENTATIVE

7

PE – Tall Ships -

TENTATIVE

8

PE – Tall Ships -

TENTATIVE

9

PE – OC Beach

Classic

PE – Tall Ships -

TENTATIVE

10

SIP

PE – OC Cruzers

PE – OC Beach

Classic

PE – Tall Ships -

TENTATIVE

11

PE – Tall Ships -

TENTATIVE

12

PE – Tall Ships -

TENTATIVE

13

COB

PE – Tall Ships -

TENTATIVE

14

PE – Tall Ships -

TENTATIVE

15

PE – Tall Ships -

TENTATIVE

16

PE – Tall Ships -

TENTATIVE

17

SIP

PE – Tall Ships -

TENTATIVE

18

PE – Tall Ships -

TENTATIVE

19

PE – Tall Ships -

TENTATIVE

20

COB

PE – Tall Ships -

TENTATIVE

21

PE – Tall Ships -

TENTATIVE

22

PE – OC Jeep Parade

– TENTATIVE

PE – Tall Ships -

TENTATIVE

23

PE – OC Beach Blitz

Soccer

PE – Tall Ships -

TENTATIVE

24

SIP

PE – OC Beach Blitz

Soccer

PE – OC Cruzers

PE – Tall Ships -

TENTATIVE

25

PE – Tall Ships -

TENTATIVE

26

PE – Tall Ships -

TENTATIVE

27

COB

PE – Tall Ships -

TENTATIVE

28

PE – Tall Ships -

TENTATIVE

29

PE – Tall Ships -

TENTATIVE

30

PE – Tall Ships -

TENTATIVE

31

2014

August


1

PE – Tall Ships -

TENTATIVE

2

PE – Tall Ships -

TENTATIVE

3 4 5 6

PE – Miata Parade -

TENTATIVE

7 8 9 10 11

PE – 911/Parade of

Brothers

PE – BikeFest

12

PE – BikeFest 13

PE – BikeFest

14

PE – BikeFest 15 16 17 18

Sunfest

PE – Sunfest Kite

Fest

19

Sunfest

PE – Sunfest Kite

Fest

20

Sunfest

PE – Sunfest Kite

Fest

21

Sunfest

PE – Sunfest Kite

Fest

PE – OC Cruzers

22 23 24 25 26

PE - Winefest on the

Beach

27

PE - Winefest on the

Beach

PE – Pigs on the

Beach - TENTATIVE

28 29 30

2014

September

Ocean City Private Events

Name of Event: Tall Ship Event New Event: Yes

Date of Event: August 1- September 1, 2014

Date Application Received: March 2, 2014 Application Fee Paid: Yes

Date Returned from All Departments: April 3, 2014 Total Cost to Town: $5,312.42

Revenue to Town: $125.00

Things to Note:

This event would consist utilize the bayside Boardwalk from 2nd

to 4th

Streets, the street next to the Boardwalk and, at

times, the baseball field east of the Boardwalk for exhibits.

Set-up would take place on July 31, 2014.

Breakdown would take place on September 2, 2014.

The event would consist of public tours of a full replica 16th

century Spanish Galleon and a Nao Victoria ship with

public exhibits and vendors. Would also like to possibly hold a pirates’ festival on the weekend of August 22-24,

2014 in the adjacent ball park.

Would like to set-up 10x10 tents and exhibits and a ticket booth. During the pirates festival, would like to set-up

10x10 tents, PA system, inflatables and concessions.

Request closure of parking spaces west and east of field.

Request assistance from city with trash removal.

Will provide port-o-lets and hand washing stations for spectators.

Will have concessions for: tickets to board ships, merchandise sales, soda and food vending and arts and crafts booths.

Request placement of cleats to pier for tie up of Nao Victoria, closure of streets, removal/replacement of boardwalk

railing, electric, water, trash removal, VMS signs, and assistance with securing vendors.

Request use of special events ticket booth for use as their ticket booth.

Request placement of Route 50 pole banners and Boardwalk pole banners.

Comments from Department Representatives:

RISK MANAGEMENT – Hold harmless agreement is signed. Insurance certificate to be obtained prior to the event.

FIRE MARSHAL – Losing ball field as a Medevac landing zone during the Pirates’ Festival Weekend is a concern.

With the set-up of exhibits along the bayside Boardwalk, the exhibits will need to be secured not only for weather

related events, but also for the winds/turbulence generated by the incoming and outgoing Medevac helicopter. The

highest point of the tall ship will have to be identified by a red beacon/light. We will need to be notified well in

advance about the closure of the ball field/landing zone so we can notify the applicable agencies.

PUBLIC WORKS – Will install banners, post streets, install special event fencing, place wooden barricades with

traffic signs on streets, place extra trashcans, place smoking receptacles on pier, and empty trashcans throughout event

area. After event, all materials will be removed and returned to storage. Total estimated cost to the department is

$5,312.42. The only concern is with the “unknown.”

RECREATION & PARKS – The use of ball field requires completion of a Park Reservation application. Would like

to see a diagram of park usage and Pirates Festival. The application is vague and doesn’t explain in detail the location

of vendors or any of the other park use. If use of ball fields is for a prolonged time, Parks will have to work around

irrigating and grass cutting. Depending upon how long the inflatables sit on the grass, the grass may die, depending

on air temperature and humidity. The ball field is used for men’s lacrosse on Tuesday evenings through Aug. 5. Fall

soccer may start in late August, and they also utilize that field. Both vessel captains will have to sign hold harmless

agreement as well. Event producer shall contract directly with Tow Boat U.S., fuel supplier, liquid waste removal

service provider, security provider and portable restroom provider for all vessel and dockside related needs. All

changes, modifications and additional requests shall be routed through the Town of O.C. Private Event Coordinator

for review, comment and submission for approval through the established processes. Additional costs may be

incurred. Need a better defined space use down at the 3rd

and 4th

Streets location.

BEACH PATROL, OCPD, TOURISM, EMERGENCY SERVICES, TRANSPORTATION, and OCCC – No

comments or costs.

Date on Council Agenda: April 29, 2014

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 [email protected] 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. Applicant’s 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. 1. TITLE OF EVENT: ________________________________________________

2. IS THIS A NEW EVENT? ___________________________________________

Page 1 of 8

3. DATE(S) OF EVENT. IF THIS IS A REQUEST FOR A 3-YEAR APPROVAL OR

3-YEAR APPROVAL CONTINUANCE PLEASE PROVIDE THE EVENT DATES

FOR THE NEXT 3-YEARS: ____________________________________________

4. STARTING & ENDING TIMES OF EVENT: _______________________________

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

6. PROJECTED CLEAN-UP DATE (S) & TIMES: _____________________________

7. LOCATION (Describe area in which event shall be contained; be specific as to how

much area will be used, etc.): _____________________________________________

_____________________________________________________________________

_____________________________________________________________________

8. APPLICANT’S NAME: ________________________________________________

9. ORGANIZATION REPRESENTING: _____________________________________

_____________________________________________________________________

10. MAILING ADDRESS: _________________________________________________

_____________________________________________________________________

11. WORK PHONE: ____________________ HOME PHONE: ____________________

FAX: _________________________ EMAIL: _______________________________

12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF

PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH

DOCUMENTATION? ____________________________________ IF NOT, WHY?

_____________________________________________________________________

13. ON-SITE EVENT COORDINATOR, IF DIFFERENT THAN APPLICANT:

_____________________________________________________________________

14. LOCAL ADDRESS OF COORDINATOR, IF DIFFERENT THAN QUESTION 10:

_____________________________________________________________________

_____________________________________________________________________

15. COORDINATOR’S CONTACT INFORMATION IF DIFFERENT THAN

QUESTION 11: HOME: ____________________WORK: ____________________

FAX: _____________________________ CELL: __________________________

E-MAIL ADDRESS: __________________________________________________

OTHER: _____________________________________________________________

Page 2 of 8

16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: _____

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________*If more space is needed, please attach additional pages to the back of this application

17. WHERE WILL THE EVENT HEADQUARTERS BE LOCATED? ______________

_____________________________________________________________________

18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE

SUCH ACCESS? __________________ IF SO, WHERE? ____________________

_____________________________________________________________________

19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES,

EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT (Include location, process,

etc.): ________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS,

SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED

DIAGRAM AND DESCRIBE HERE: _____________________________________

_____________________________________________________________________

_____________________________________________________________________

21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO

EMPLOY: ___________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR

CONSIDERATIONS (Be aware that additional charges may be assessed.): ____

_____________________________________________________________________

_____________________________________________________________________

Page 3 of 8

23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE?

__________ IF SO, WHAT TYPE? __________________________________

_____________________________________________________________________

_____________________________________________________________________

24. WHAT IS YOUR RAIN POLICY? ____________________________________

_____________________________________________________________________

25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING

OF SOLID WASTES, INCLUDING GARBAGE AND RECYCLABLES?

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT “COMFORT”

(TOILETS, HAND WASHING, ETC.)? ________________________________

_____________________________________________________________________

_____________________________________________________________________

27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES &

QUANTITIES): _______________________________________________________

_____________________________________________________________________

_____________________________________________________________________

29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES,

CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ______________

IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________

_____________________________________________________________________

30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Page 4 of 8

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.

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?

_________________ 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? _________________ Please forward a copy of the approved “Bonfire Permit” to the Private Events Coordinator.

35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________ Please forward a copy of the approved “State of Maryland Fire Marshal Fireworks Permit” to the Private

Events Coordinator.

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES

AT YOUR EVENT? ________ IF SO, PLEASE DESCRIBE INTENT (include

beverage type, quantities, drink sizes, location, etc.): __________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________Please forward a copy of the approved “One Day Alcohol Permit” to the Private Events Coordinator.

37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________

38. EXPECTED NUMBER OF SPECTATORS: ________________________________

39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE

APROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT.

HAVE YOU DONE SO? _____________WHO DID YOU CONTACT?

_____________________________________________________________________

40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM

THE TOWN OF OCEAN CITY (A refundable damage/repair bond of $100.00 is

required for each major end-item borrowed from the Town of Ocean City):

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Page 5 of 8

41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY

STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY

OBTAINED TIS 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.

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: __________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT (Please read and

comply with the Town of Ocean City’s sponsorship policy. The application will not

be approved without sponsors. If no sponsors, please state “No Sponsors” in area

provided below.): ______________________________________________________

____________________________________________________________________

____________________________________________________________________

45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS

APPLICATION: ______________________________________________________

_____________________________________________________________________

_____________________________________________________________________

.

46. PLEASE ATTACH A DETAILED DIAGRAM OF THE EVENT LAYOUT. MAKE

SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM,

STAGE, CONCESSIONS, COURTS, BANDS, ETC.

IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______ An event diagram MUST be included for an event to be considered.

Page 6 of 8

INSURANCE REQUIREMENT:

For the protection of the public and the Mayor and City Council, the applicant shall obtain, at the applicant’s own expense, general liability insurance coverage, which shall include coverage for personal injury in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insured, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance and the addendum shall be furnished to the Private Events Coordinator, no later than 30-days before the private event. INSURANCE CERTIFICATE AND ADDENDUM: ____________INCLUDED WITH APPLICATION

____________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY

(30) DAYS PRIOR TO THE EVENT COCA-COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Town’s agreement with Coca-Cola Refreshments as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Coca-Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. The permitted beverages include Coca-Cola, Diet Coke, Sprite, Pibb Xtra, Mello Yello, Fresca, Nestea, Arizona Tea, Honest Tea, Barqs Root Beer, Fanta, Minute Maid, Seagrams Ginger Ale, PowerAde, V-8 Juice, Fuze Juice, Monster, Tum E Yummies, Dasani and other products that Coca-Cola may provide in accordance with its agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANT’S 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 Works project(s) or any other necessary governmental function. Such action may be directed at any time. APPLICANT’S SIGNATURE___________________________DATE_______________

Page 7 of 8

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

Page 8 of 8

Please fill out this form to have your event listed on our Calendar of Events listing on www.ococean.com. The OC Dept. of Tourism reserves the right to edit and approve publication of each event. Your event should be open to and of interest to OC visitors. Not all events will be appropriate for this website. Fundraisers, community interest projects, etc., may be placed on OC Community Bulletin channels. Name of Event: ___________________________________________________________ Date: ______________________________________________ Year: _______________ Address/Venue: ___________________________________________________________ Times of Event for Public Attendance: ______________________________________ Admission Fees: __________________________________________________________ Contact Name: ___________________________________________________________ Contact Phone: ___________________________________________________________ Email: ___________________________________________________________________ Website: _________________________________________________________________ Facebook: ________________________________________________________________ Description of Event: ______________________________________________________ ___________________________________________________________________________ (The information below will not be published on public website, but may be made available to our Convention & Visitors Bureau, hotel / restaurant members & partners.) Person providing this information: _________________________________________________________ Mailing Address: _________________________________________________________________________ Phone: __________________________________ Email: ________________________________________ Projected Attendance of Event: ____________________________________________________________

CALENDAR OF EVENTS LISTING Please return to: Lisa Osman - Dept of Tourism 4001 Coastal Hwy. Ocean City, MD 21842 [email protected] 410-289-2800 / 410-289-0058 fax


5. NEW BUSINESS

C. Discussion of Tourism Strategic Plan presented by Tourism Director

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Donna Abbott, Tourism & Marketing Director RE: Tourism strategic plan DATE: April 23, 2014

ISSUE(S): A tourism strategic plan is sought to develop a five-year marketing plan for the Ocean City Department of Tourism

SUMMARY: Earlier this year, the Tourism Department reviewed eight

proposals from firms seeking to prepare a tourism strategic plan for the town. The proposals presented a wide range of approaches and prices, ranging from $36,000-$128,300. These proposals did not address the town’s needs specifically nor were the costs within the range we had anticipated. The Mayor and Council discussed having Lyle Sumek, who has worked with the town on the community strategic plan, facilitate and prepare a plan specifically for tourism.

FISCAL IMPACT: Scope of work by Mr. Sumek will range between $18,000 and

$22,500 plus travel expenses, well below the $40,000 line item for marketing research in the FY14 tourism budget.

RECOMMENDATION: Formally reject the eight proposals received and accept the

attached project scope and contract with Mr. Sumek subject to review by the City Solicitor.

ALTERNATIVES: Defer to Mayor and Council RESPONSIBLE STAFF:

Donna Abbott, Tourism Director

COORDINATED WITH: City Manager David Recor ATTACHMENT(S): 1) Project scope

2) Sumek & Associates agreement

Agenda Item # 5C


Town of Ocean City

Tourism Strategic Plan Agreement

This agreement is made this ________ day of __________, 2014, between Lyle Sumek

Associates, Inc. (hereinafter called “LSA”) and the Mayor and City Council of Ocean City (hereinafter

called “Town”), a municipal corporation organized and existing under the laws of the State of Maryland.

Whereas, the Town recognizes the need to develop a strategic plan for tourism; and

Whereas, the Town and LSA desire to enter into an Agreement wherein LSA shall provide such

services as set forth herein below;

Now, therefore, for and in consideration of the mutual promises, undertakings and covenants

set forth herein, the receipt and sufficiency of which is acknowledged and affirmed by the Town and

LSA, the parties hereto agree as follows:

Article 1: Scope of Work.

LSA shall perform all duties as outlined in Exhibit A – Strategic Planning for Tourism, Town of

Ocean City

Article 2: Payments.

The total amount of this Agreement shall not exceed $22,500. LSA shall bill the Town for three

payments: initial payment of $7,000 upon signing of contract; $7,200 upon completion of the strategic

planning workshop for the tourism commission; and a final payment of $______ upon completion of the

tourism strategic plan. The invoices shall be sent to Town of Ocean City, 301 Baltimore Avenue, Ocean

City, MD 21842. Attention: Accounts Payable, copy to: ________________. The invoices shall be paid

within 30 days upon receipt by the Town and verification that the required work has been performed.

Article 3: Term.

The term of this Agreement shall be from date of execution until satisfactory project

completion. The project shall be completed by November 2014.

Article 4: Termination of Agreement.

The City Manager may terminate this Agreement in whole or in part at any time for the

convenience of the Town.

Article 5: Validity of Sections.

Should any part of this Agreement be rendered void, invalid, or unenforceable by any court of

law, such a determination shall not render void, invalid, or unenforceable any other part of this

Agreement.

Article 6: Governed by MD Law.

This Agreement has been made and entered into in the State of Maryland, and the laws of

Maryland shall govern the validity and interpretation of this Agreement in the performance due

hereunder.

Article 7: Modification of Agreement.

This Agreement may not be modified unless such modification is in writing and signed by both

parties.

Article 8: Assignment of Agreement.

LSA may not assign this Agreement without the prior written approval of the Town.

Article 9: Indemnification.

The parties agree that liability in connection with this agreement will be limited to direct losses,

if any, that the Town suffers as a result of the negligence, errors, or omissions of LSA, in an amount up

to, but not to exceed, the amount of fees that the Town has paid LSA.

Article10: Relationship between LSA and the Town.

The parties hereto intend that no master/servant, employer/employee, or principal/agent

relationship will be created by this Agreement. Nothing contained herein creates any relationship

between the Town and LSA other than that which is expressly stated herein. The Town is interested

only in the results to be achieved under this Agreement, and the conduct and control of the agents and

employees of LSA and the methods utilized by LSA in fulfilling its obligations hereunder shall lie solely

and exclusively with LSA and its agents and employees shall not be considered agents or employees of

the Town for any purpose. No person employed by LSA shall have any benefits, status, or right of

employment with the Town.

In witness whereof, the parties hereto have affixed their signatures hereto the date first written

hereinabove.

Witnesses: Lyle Sumek Associates, Inc.

_____________________________ By: ____________________________

_____________________________ Its: ____________________________

Town of Ocean City

_____________________________ By: ____________________________

_____________________________

STRATEGIC PLANNING FOR TOURISMTOWN OF OCEAN CITYPURPOSES(A) to engage the Town’s Tourism Commission and other key stakeholders in the development of a five year strategic plan for tourism and one year action agenda/work program(B) to define outcome based tourism goals with performance standards and metrics(C) to establish a tourism framework and decision tool to assist in making decisions and investments including targeted markets and guests(D) to develop a tourism work plan for one year with specific activities and milestones as well as defined responsibilities and time frames(E) to institutionalize a tourism strategic planning process with a monitoring and reporting mechanismPROGRAM ACTIVITIESActivity 1: Finalization of Program ActivitiesThe consultant will meet with the Chair of the Tourism Commission, City Manager and Director of Tourism to finalize the purposes/goals, activities and time frame. (Phone/In Person)Activity 2: Tourism ProfileThe consultant in conjunction with the Director of Tourism will gather reports/information, analyze the data, and prepare two Tourism Profiles including trends analysis for [1] Ocean City and [2] Competitors. The profile will include, at a minimum, the following characteristics: a) Who are the tourists: age, home location b) Reasons for coming to Ocean City c) Reasons for returning to Ocean City d) Length/days of stay e) Dollars spent during the stay f) Cost of lodging g) Cost of activities h) Daily spending i) Activities during their stay j) Participation in tournamentsOther key profile elements may be evaluated, studied and added. The consultant will prepare a Tourism Profile that will provide a reality check and a foundation for strategic planning.

Activity 3: Background Interviews with Tourism Commission and Other Key StakeholdersThe consultant will conduct 1 hour interviews by phone/in person with members of the Tourism Commission and other key stakeholders identified in Activity 1. Potential questions for the background interviews include: a) What does "Tourism Success" in 2020 mean for Ocean City? b) What are Ocean City's tourism strengths? c) What are Ocean City's tourism weak areas or liabilities? d) What are Ocean City's tourism opportunities for the future? e) What are threats to Ocean City's future tourism? f) Who are potential future tourists?

g) What could be done to expand tourism in Ocean City: current or year round?

h) Who are potential partners for expanding tourism in Ocean City?Additional questions may be developed during Activity 1. The consultant will analyze the data and will prepare a summary.Activity 4: Consultation with City Manager, Director of Tourism and Other Key Town StaffThe consultant will prepare draft working materials for discussion with key Town staff. The purpose of this half day session is to review the background materials, to assist in further defining the goals and to test ideas for the Tourism Strategic Plan. Activity 5: Preparation of Strategic Guide - Working DocumentThe consultant will develop a Strategic Guide - Working Document which will include the following working papers: a) Tourism Goals for 2020 b) Tourist Market and Profile c) Town's Tourism Mission and Services d) Outcome based Objectives e) Challenges and Opportunities with Short Term Priorities f) Actions for 2014-2015: Expectations, Activities and Priorities g) Performance Metrics and Benchmarks This Strategic Guide - Working Document will be distributed to the Tourism Commission and Town Staff prior to Activity 6

Activity 6: Strategic Planning Workshop 1 for Tourism CommissionA one to one and half day to two day Strategic Planning Workshop 1 will be conducted for the Tourism Commission. The purposes of this Workshop are:

a) to focus the future direction for tourism in Ocean City - Tourism Framework: market and tourist profile;

b) to establish specific Tourism goals;c) to define each goal with outcome based objectives, short term challenges/opportunities and actions: short term and long term;

d) to determine short term action priorities; e) to identify critical partnerships needed for success.The specific agenda for the Workshop will be developed after Activity 5.Activity 7: Preparation Initial Draft Tourism Strategic Framework and PlanThe consultant will prepare a summary of the Workshop, and an initial working draft Tourism Strategic Plan 2014-2020. These documents will be reviewed with the Chair of the Tourism Commission Chair and City Manager.Activity 8: Tourism Summit for Stakeholders and PartnersA Tourism Summit (4-6 hours) will be held conducted for invited stakeholders and partners. The purposes for the Summit are:

a) to seek feedback from the stakeholders and partners on the Tourism Goals the Tourism Framework and Plan 2014-2020;b) to clarify roles and responsibilities among stakeholder, partners and Town government;c) to develop creative ideas and suggestions for tourism development/expansion in Ocean City; and

d) to strengthen the relationship among tourism partnersThe consultant will prepare a Summit Summary Report and revise the draft Tourism Strategic Plan.Activity 9: Second Consultation with City Manager, Director of Tourism and Other Key Town Staff The purposes of this second half day session are: a) to provide a final "reality check" for the Tourism Strategic Plan; b) to finalize the draft Tourism Strategic Plan 2014-2020; c) to develop Action Outlines for 2014-2015 with key topics,

activities/milestones, time frames and responsibilities; d) to draft an Action Calendar for 2014-2015; e) to refine Tourism benchmarks and metrics; and f) to outline an ongoing reporting system for the Tourism Strategic Plan.

A specific agenda for Session 2 will be developed after Activity 8.Activity 10: Preparation Revised Draft Tourism Strategic PlanThe consultation will prepare a revised draft Tourism Strategic Plan and an Action Agenda 2014-2015.Activity 11: Strategic Planning Workshop 2 for Tourism CommissionA one day Strategic Planning Workshop 2 will be conducted. The purposes of this Workshop are: a) to review and finalize the Tourism Framework; b) to review and finalize the Tourism Strategic Plan 2014-2020; c) to establish an Action Agenda for 2014-2015 with top and high priorities; d) to review and finalize Action Outlines 2014-2015 and Action Calendar; and e) to determine direction on activity monitoring and performance reports.Activity 12: Preparation: Tourism Strategic Plan 2014-2020 and Final ReportsThe consultant will prepare final reports including: a) Tourism Strategic Plan 2014-2020 b) Action Agenda 2014-2015 c) Executive Summary d) Plan in Brief 2014-2015 e) Strategic Planning for Tourism: Final ReportThe Tourism Strategic Plan 2014-2020 will be formally presented to the Tourism Commission and the Mayor and City Council.ESTIMATE BUDGETThe hourly rate for Lyle Sumek is $225 per hour.ACTIVITY 1: 2.0-4.0 hoursACTIVITY 2: 8.0-16.0 hoursACTIVITY 3: 10.0-12.0 hoursACTIVITY 4: 5.0-9.0 hoursACTIVITY 5: 8.0-10.0 hoursACTIVITY 6: 16.0-20.0 hoursACTIVITY 7: 4.0-8.0 hoursACTIVITY 8: 8.0-10.0 hours

ACTIVITY 9: 5.0-9.0 hoursACTIVITY 10: 4.0-6.0 hoursACTIVITY 11: 10.0-12.0 hoursACTIVITY 12: 6.0-8.0 hours__________________________________TOTAL: 80.0 - 100.0 hours = $18,000-$22,500 plus travel expenses


5. NEW BUSINESS

D. GIS Overview presented by Planning and Community Development Director

02516

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Matthew G. Margotta, AICP, Director of Planning & Community Development RE: Informational discussion about the GIS Coordinator position DATE: 4/22/2014

ISSUE(S): Provide information about the current functions and capabilities of the GIS Coordinator and describe the planned improvements for this responsibility.

SUMMARY: Coordinates geographic data and mapping functions

throughout the Town. Compiles, extracts, creates and maintains data from a

number of sources (MDE, MDP, MD DAT, FEMA, other Municipal Level Govt’s, internal data, etc).

Primary Address assignments for the Town and E911. Provides Spatial Analysis and fills data requests. Initiatives include: a) Creating and maintaining a hierarchy of

GIS users; b) Information dissemination on the internet; and c) Public Site Map Interface.

FISCAL IMPACT: None during this fiscal year. RECOMMENDATION: Concur that a GIS Users hierarchy is essential for disseminating

spatial information used by the Departments responsible for Public Safety, Engineering, Public Works, and Planning & Community Development.

ALTERNATIVES: Determine that the existing GIS System capabilities and

functions are adequate for the foreseeable future. RESPONSIBLE STAFF: Matthew G. Margotta, AICP, Director of Planning and Community

Development COORDINATED WITH: Karen Zera, GIS Coordinator ATTACHMENT(S): Memorandum

Agenda Item # 5D

Council Meeting 4/29/2014

DATE: April 21, 2014

TO: David L. Recor, ICMA-CM, City Manager

FROM: Matthew G. Margotta, AICP, Director of Planning & Community Development RE: Geographic Information Science (GIS) Coordinator Functions and Capabilities

This memo responds to your request for information to describe the current and future functions and capabilities of the GIS Coordinator position. As you’re aware, the position coordinates the geographic data and mapping functions throughout the Town. The current GIS program compiles disparate information from a variety of sources and disseminates the information to employees in the form of easy to use desktop mapping applications that are intended to enhance the performance of their jobs. The Town operates its GIS program utilizing ESRI products which are virtually universal GIS tools in the Government and Private sectors. The Town has one dedicated ArcGIS license and three floating ArcGIS User licenses with the following extensions (enhanced capability functions) for Publisher, Spatial Analysis, 3d Analyst, and Data Viewer. The floating licenses are generally considered as being shared between two ArcGIS Users, which will be adequate for the foreseeable future. The GIS Coordinator compiles, creates and maintains data from a number of sources including: MD Department of Planning, MD Department of Assessments and Taxation, FEMA, Worcester County Emergency Services and Planning Departments, Eastern Shore Gas, as well as extracting data from our internal AS400(HTE) applications of utility and customer data, building permit, business licenses, land records and addresses. Knowledge and practical use of data is the key to this position. We have also developed a number of special mapping projects to aid in extracting mailing address information for BZA and Port Warden notifications, track repetitive loss (FEMA program), dedicated tree plaques, boardwalk benches, irrigation infrastructure and other specialized data requests. By way of example, the GIS Coordinator developed standard map projects include:

- Basic map: Ocean City & Worcester County aerial imagery spanning 10 years. - Utility Infrastructure: water lines/valves, hydrants, storm water, wastewater, and Gas lines. -Map of Utility Customers (generally more reliable mailing addresses) -FEMA Maps (current and proposed) with other information impacting development (building limits, zoning, various buffers and offsets, spot elevations).

Being assigned an additional responsibility as the address guru for the Town is a small, but important, part of the job that helps employees, residents, realtors, lenders and insurance providers with address issues. Having the addressing, GIS system and E911 (CAD Dispatching software) coordinated is obviously essential for public safety. Addressing questions arise weekly, down from daily occurrences, as we work with the DAT office in Snow Hill to update their address data. These searches involve cross referencing tax records, utility records, alarm billing, historic building permits, Laserfiche scanned documents and State Land Records and Plats. The current GIS program described above is a necessary function for any municipality; yet it is also a description of a limited system of information dissemination. Our GIS program needs to expand its capability and functions to allow for data updating, spatial analysis and field corrections on-the-fly. We see a great potential for cloud based mapping projects. The licenses for the

Page 2 April 23, 2014

ArcGIS Online product will allow for three five administrators/developers. This number will be adequate for the next 2-3 years as well. Some online mapping applications will be available to the public and some will be for internal use only. We need to establish a group of trained GIS Users, at least one person from the Departments of Planning & Community Development, Engineering, Police, Fire, Beach Patrol, and Public Works. This GIS Users Group can broaden the scope of GIS data, perform spatial analysis and prepare information for dissemination. With existing and additional periphery equipment, i.e. Toughbooks, GPS plotter, surveying equipment, etc., real time GIS data can be updated to our existing files. Another initiative that should be undertaken by the Town is to utilize the GIS system to enhance how information is displayed. Simply put, when things happen, they happen somewhere; at a specific location with a uniquely identifying characteristic. A town controlled GIS database allows the Town to create applications for Public Safety, Public Works and even for public information consumption via the web. For instance, a map could be created and placed on the web that shows streets, buildings and bus stops with super imposed real time traffic updates or any other information we wish to display. As opposed to any number of other existing map applications, this idea for a map is immediately recognized as an official town map. The next logical step to improve the Town GIS system is to create a GIS Users Group. With the existing system, software and licenses, the GIS Coordinator can train and establish this group over the next fiscal year. Actually operating the GIS system and receiving the training will identify any further needs we may have to enhance the system by expanding the number of licenses, the type of equipment and the other functions available.


5. NEW BUSINESS

E. Discussion of Smoking on the Beach presented by Planning and Community Development Director

02516

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Matthew G. Margotta, AICP, Director of Planning & Community Development RE: Regulating Smoking on the Beach and Boardwalk DATE: 4/22/2014

ISSUE(S): Consideration to regulate smoking on the Beach and Boardwalk SUMMARY: Top priority of the Strategic Plan.

Values-based decision with strong opinions of whether to regulate or not; small chance of changing opinions.

Research of National and Regional communities shows a wide array of methods of enacting, regulating, enforcing and maintaining a smoking ban.

Proposed ordinance is based off of Dewey Beach, DE, ordinance with simple, straight forward language.

Approach to regulating smoking on the Beach and Boardwalk requires specific guidance on key issues.

FISCAL IMPACT: Establishing smoking areas with signage and receptacles at each

street end will have an initial cost estimated from $7,650 to $27,750. Negligible revenue from citations. Grants are possible.

RECOMMENDATION: Decide to regulate smoking on the Beach and Boardwalk area;

provide specific guidance on key issues and direct staff to process an ordinance.

ALTERNATIVES: Decide not to regulate smoking on the Beach and Boardwalk

area. RESPONSIBLE STAFF: Matthew G. Margotta, AICP, Director of PCD

Robert Nelson, Planner COORDINATED WITH: Ross Buzzuro, Police Chief; Scott Harner, Lieutenant; Butch

Arbin, Captain of Beach Patrol; Ward Kovacs, 2nd Lieutenant; Hal Adkins, Director of Public Works

ATTACHMENT(S): 1. Memo to D. Recor, dated April 22, 2014

2. Draft Ordinance, Smoking Ban 3. Table displaying Smoking Bans from other communities

Agenda Item # 5E


DATE: April 22, 2014

TO: David L. Recor, ICMA-CM, City Manager

FROM: Matthew G. Margotta, AICP, Director of Planning & Community Development RE: Regulating Smoking on the Beach and Boardwalk

The recent Strategic Planning discussions held mid-March 2014 identified a Top Priority to decide to regulate smoking on the Beach and Boardwalk. Staff was tasked with developing a comprehensive approach to the subject with a list of decision points in order to substantiate Mayor and City Council’s consideration of enacting such a smoking ban or not. There are ample examples of other communities throughout the country and closer to home where smoking bans have been enacted and where the communities decided not to enact smoking bans. The most common trend in the methods used by communities that decided to enact smoking bans is that there are no common methods; in other words, each community rightfully determined their own path based on local values. Local values are the key to making the decision to enact a smoking ban.

Staff coordinated with the OCPD, OCBP and Public Works to develop an initial approach to enact a smoking ban on the Beach and Boardwalk. The general consensus amongst these departments is that such a smoking ban would be burdensome, perhaps even unnecessary, considering the wide range of currently regulated prohibitions. In particular, enacting a smoking ban prior to this upcoming tourist season would be very burdensome. However, staff will naturally support the decision of the Mayor and City Council to establish the smoking and non-smoking areas based on council’s direction and enforce the program. Since mid-March 2014, staff has not been able to fully vet the list of decision points developed from council’s discussion on the subject requiring a comprehensive approach; specific guidance is needed to properly substantiate enacting a smoking ban on the Beach and Boardwalk. Staff reached out to local community groups to gather their facts, opinions and stances on the subject and this effort had likewise not yet been fully vetted.

Staff conducted research of other communities with smoking bans, nationally and regionally, in order to develop a crosswalk or trend analysis of findings. Frankly, the results are so disparate that only one common thread could be determined; that a community decided to enact a smoking ban. I contend that this is the decision point that the Town of Ocean City finds itself presently.

As stated above, staff was provided a list of issues to consider and gather information based on council’s discussions during the Strategic Planning workshops in mid- March 2014. Staff has made considerable headway on all subjects; yet we’ve not been able to properly complete or vet each subject primarily because these issues are details of how a smoking ban is practiced and the results of our research prove a wide disparate range for implementation. Therefore, should Mayor and City Council decide to enact a smoking ban on the Beach and Boardwalk; consensus on these issues would improve the effectiveness of staff’s efforts to provide recommendations. Not in any order of importance, staff would appreciate guidance on the following issues:

• Smoking ban on the Beach and Boardwalk; just the Beach or just the Boardwalk; smoking in a designated area on the Beach or Boardwalk: The larger the area that smoking is not permitted has a direct impact on Town resources to monitor and enforce any smoking ban.

Page 2 April 23, 2014

• Best Practices, Experiences, Costs, Implementation: Probably the most widely disparate issue. Staff interviewed staff from other communities, such as Police, Public Works, City Managers, Planning Staff, etc. So far this effort has resulted in a general practice of providing smoking areas with receptacles and signage. Further guidance from council will help staff refine best practices to determine the costs of setting up and maintaining the smoking areas, problems with enforcement or litter control, the type of receptacles to use, etc. At this point, staff recommends creating smoking stations at beach entrances along the Boardwalk with adding language on the existing signage.

• Comparative Analysis: Staff researched a number of communities across the nation to determine the kinds of smoking bans that exist; those communities that did not enact a smoking ban were still identified to at least provide some sense of what ‘type’ of community is not currently engaged in a smoking ban. Emphasis was placed on identifying communities geographically close, having boardwalks, and their implementation methods. See Attached: Smoking Ban Communities

• Ordinance or Referendum; Public Involvement: Most communities enacted smoking bans via ordinance and our ordinance procedures require public notification. Council guidance and further refinement of this issue would benefit staff as we develop our recommendations. Staff has reached out to various community groups with an interest in the Beach and Boardwalk, i.e. Boardwalk Committee and Surf Riders. At the time of this report, staff has not received a definitive response from these groups and discussions are ongoing. Staff recommends that the city embark on a rather short campaign to gather public input through various community groups, requests for input from individuals through announcements on our web page(s) and press releases with a specific deadline for submitting input.

Staff highly recommends not establishing any sort of task force or citizens committee. As I stated in the onset of this memo, this is a divisive issue is about community values. It’s clear from reading about and studying the implementation methods used by other communities, we could spend an inordinate amount of time trying to convince each other with an ever lengthening list of supporting documentation for either side of the issue. Fact is, there’s ample supporting documentation for implementing or not implementing a smoking ban. See Attached: Draft Smoking Ban Ordinance

Staff will benefit from further guidance and refinement from council on these points. A comprehensive analysis is underway yet not complete. Focusing staff effort will improve our effectiveness to provide a well-rounded set of recommendations to implement a smoking ban on the Beach and Boardwalk. On the other hand, staff work completed to date has already impacted our time and resources; should the council decide not to pursue a smoking ban at this time; then we can direct our resources to other high priority efforts.

Without any further public involvement, there is not enough time to advertise and enact an ordinance, then implement a smoking ban on the Beach and Boardwalk by Memorial Day weekend 2014; however, within a few weeks thereafter is possible. With further public involvement, which staff certainly recommends takes place, a smoking ban can be implemented during the Summer Season, however during which season staff does not recommend we pursue. At this time, a decision to ban smoking on the Beach and Boardwalk is needed along with further guidance and direction.

ORDINANCE # __

AN ORDINANCE TO AMEND CHAPTER 30, ARTICLE VIII, ENVIRONMENTAL TOBACCO SMOKE, OF THE CODE OF THE TOWN OF

OCEAN CITY, MARYLAND NOW,THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 30, ENTITLED ENVIRONEMNTAL TOBACCO SMOKE, OF THE CODE OF THE TOWN OF OCEAN CITY BE AND THE SAME IS HEREBY AMENDED BY ADDING…….

WHEREAS, The Mayor and City Council of the Town of Ocean City have

deemed it desirable to consider whether to prohibit smoking and tobacco use on the beach and boardwalk;

WHEREAS, exposure to secondhand smoke anywhere has negative health

impacts, and exposure to secondhand smoke does occur at significant levels outdoors; WHEREAS, cigarette butts pose a health threat to young children, animals, and

sea life, as evidenced by the following:

In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products, and

Children who ingest cigarette butts can experience vomiting,

nausea, lethargy, and gagging, and

Animals and sea life ingest cigarette butts causing health issues which can leads strangulation and death, and

Cigarette filters are made from cellulose acetate, a plastic that can

break into smaller pieces, but will never biodegrade or disappear, and

Tobacco leaves contain several alkaloids, including the highly

toxic alkaloid nicotine. Nicotine is a powerful insecticide and among the deadliest of all plant products in its pure form, and

WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following:

It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year, and They contribute to non-point source pollution when carried through storm drains by rainfall and urban runoff to our lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. Non point source pollution has harmful effects on drinking water supplies, recreation, fisheries, and wildlife.

Add Beach and Boardwalk to Section 30-603-Violations, the list of affected areas under the smoking ban in place. In Section 30-604 – Penalties, add that “citations can be issued to violators of the smoking ban at the discretion of the enforcement officer following a verbal or written warning for the violator to cease the use of tobacco products”. The smoking ban in outdoor public areas will not include electronic smoking devices as they do not create litter or smoke. NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor and City Council of the Town of Ocean City, Maryland, in session met, as follows:

Smoking Ban Responses

Are There Designated

Location & Ordinance or Public Smoking Outreach

Person Contacted Referendum Costs Notice Enforcement Areas?State of Maryland banning smoking in all public transportation vehicles, enclosed public places, and enclosed workplaces,

including bars, restaurants, casinos, and private clubsDewey Beach Delaware Voted on by council cost of signs posted in police No news

Ordinance 702 Smoking Ban Banned on the beach/parks ash receptacles advance of lifeguards letter https://imageserv11.team-logic.com/mediaLibrary/147/Ordinance_702_Smoking_Ban.pdf covered by a grant hearing mailed emailed the Mayor 04/07/14 American Lung Assn outMs. Hanson:[email protected] responded on 04/07/14 email out

Fenwick Island Delaware Banned on the beach/parks American Lung Assoc.$10,000 grant-signsenforcement, education

Bethany Beach Delaware Banned on boardwalk/beach signage-1st time: Yes-provide containerPolice Chief:Mike Redmon playgrounds, parks written warning & trash can-clearly302-539-1000 http://www.townofbethanybeach.com/index.aspx?NID=377 2nd time:summons marked-signage-no http://ecode360.com/12746268#./12746269?&_suid=1397567026158048530015476217025 to appear + $100 closer than100' toexcellent video Code: Ch. 301-1….301-6 3rd time:custody entrance to beachmap of banned places http://www2.townofbethanybeach.com/nosmokingmap.pdf optional + $500 12'radius in sizeRehoboth Beach Delaware Banned on beach/boardwalk got a grant for advertised as a Police Yes - about 22 No real outreachSharon Lynn-City Manager Council passed ordinance $15,000 normal counci $25 fine not within 40 ft. of entranceadvertising 302-227-2737 1 commissioner opposed agenda item loosely enforced for meetingscalled 03/28/14 for health reasons and to $4,500 for signage signs on each life-responded on 04/02/14 stop littering - concern guard chair receptacles provided

**elec. products not covered American Lung Assoc. directing where toOrdinance No. 4 0411-01 on April 15, 2011 grant-$10,000 call for complaints - Chapter 224 of City Code do not tell the

lifeguardsOcean City Convention & Visitors BureauNorma Dobrowolski - requested feedback 04/15&22/14 [email protected] ext. 8616Ocean City Hotel-Motel-Restaurant-AssociationSusan Jones - requested feedback 04/15/14 [email protected] 410-289-6733 responded 04/15/14 - May 8th meeting itemOcean City MD Beach Patrol lifeguards would

Ward Kovacs be [email protected] confrontations to be

http://www.townofbethanybeach.com/index.aspx?NID=377

http://www2.townofbethanybeach.com/nosmokingmap.pdf

mailto:[email protected]






Person Contacted Referendum Costs Notice Enforcement Areas?Ocean City Police Officers diverted expected when

Scott Harner from other duties- smoking is [email protected] must witnessOcean City Surfriders FoundationSheldon Dawson, Chairperson - emailed request 04/08/14

would assist if asked to distribute info at public events - Springfest/SunfestOcean City Boardwalk Development Corporation

requested feedback 04/08/14 Glenn notified Vicki Barrett: No response back Ocean City Development Corprequested feedback 04/08/14 Glenn notified, OCDC opinion - No response back

Virginia Beach VA 757-385-2700 - police-2nd Precinct

verified 04/08/14 called police Has No Ban

Long Branch New Jersey Banned on beaches

Princeton New Jersey Banned in public places

called 03/28/14 - referred me toHealth Officer Grosser609-497-7608called 03/28/14 & 04/02/14 [email protected]

emailed 04/07014, called 04/15/14:emailing me detailsSigns posted along streets near public places not to smoke there

Trenton New Jersey eliminate exposure to second $250 1st time

Housing & Economic Develop. hand smoke $500 2nd timeWalter Denson-director decrease litter,improve fire safety $1,000 there on609-989-3518 Banned in public placescalled on 03/28/14Division of Planning State Bill is pendingJeffrey Wilkerson, Planner609-989-3502called on 04/02/[email protected] on 03/25/14 emailed Wilkerson 04/07/14







Person Contacted Referendum Costs Notice Enforcement Areas?Margate City New Jersey

message to town 04/18

Brigantine New Jersey Has No Banmessage to city manager 04/18 responded 04/21/14

Atlantic City New Jersey Has No Ban Receptacles on thecalled planning & city clerk - didn't know called beach patrol 04/08/14 Police Chief called back boardwalk

Sea Isle City New Jerseymessage to beach patrol 04/18

Sunset Beach New Jersey Banned on beach

Seaside Park New Jersey Banned on beach & boardwalk

Wildwood New Jerseyemailed Mayor 04/18

Stone Harbor New Jersey Has No Ban

Cape Fear New Jersey Has no ban

Belmar Beach New Jersey Banned on beach & boardwalk

New York City Banned on beaches, parks No designated

also: malls & plazas smoking areasCity Council voted:36-12 outdoors

Hilton Head South Carolina Has No Ban

Town Manager - David [email protected] Beach South Carolina Banned on the beach

North Myrtle Beach SC Has No Ban Only inside workplaces

Myrtle Beach South Carolina Has No Ban





Person Contacted Referendum Costs Notice Enforcement Areas?Hilton Head South Carolinashorebeach.com Has No BanHilton Head Island Beach Patroltalked 04/08/14

Surfside Beach SC Banned on the beach yes - city P&Z: Sabrina Morris, director would not answer my questions police publication [email protected] told me to read the code code enforcement distribute outemailed on 03/25/14 via email $10-25 fine843-913-6354called 03/28/14 messge text sent to Matt via emailresponded on 03/28/14: in their on 04/07/14 - very usefulcity code-to read it

Wrightsville Beach NC Code of Ordinances Title IX: could not recall costs regular notice for police No area providedalso: Cape Fear Surfriders Banned on the Beach the referendum Cape FearPlanning & Parks General Regulations: Ch.92 surfridersTony Wilson, director No waste or refuse allowed on lifeguards tell City provided events used910-256-7937 the beach or in public places people to stop receptacles at Boy [email protected] when someone every beach access helpedcalled on 03/25/14 referendum: 966 out of 1,675 complains point & a sign fundraisersresponded 03/28/14 voted for the ban for signs

they were donatedtown council had voted on this beach clean-ups twice in the past -against the tracked butts Ethan Crouchban due to opinions on who collected, mapped Surfridersshould do enforcement where most litter 910-409-0378

was found called 04/07/14beach is owned by the town

Vero Beach FloridaThe City has no prohibitions against smoking on the beach or in city parks. This prohibition has been considered before, but it was considered too difficult to enforceState of Maine Ban on state beaches






Person Contacted Referendum Costs Notice Enforcement Areas?Huntington Beach CA Title 13-Public Property only signage Yes - for city c Marine Safety staff Yes Could not recallP&Z Office-Scott Hess, director Ch. 13.08:Beach Regulations prices not available warnings issued special efforts 714-536-5271 Sec. 13.08.115:Smoking been several years undertaken - called on 03/28/14-message Boundaries - only in designated since it went into voluntary compliance been yearsresponded 03/28/14 smoking areas established by effect

the cityCommunity Services oversees it714-536-5496San Diego County California

Banned on the beach

Manhattan Beach, California Banned on the beach self-enforcing no

fines: $100-250John Jalili, Interim City Mgr. on-line: city has to decide310-802-5056 City Council voted on this to how much called 03/28/14 - message left reduce litter & protect enforcement iscalled 04/02/14 - referred me to non-smokers - includes proper or neededengineer: Sona Coffee electronic smoking devices310-802-5341: called 04/02/14left message - responded 04/07/14called #2: 04/08/14Ala Moana Beach Hawaii ban on the beach $100 1st time

$200 2nd time$500 3rd timeenforcementexpected to be0-light

Carlsbad California Electronic Smoking Prohibited

where smoking is banned

Puerto Rico Banned on beachesSenator Angel Martinez 03/02/07:banned indoors


5. NEW BUSINESS

F. Discussion of Revision to PPM 800-11 regarding Fund Balance presented by Finance Administrator

25166

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Martha J. Bennett, CPA, Finance Administrator RE: Revision of Policy and Procedure Manual (PPM) #800-11 DATE: April 18, 2014

ISSUE(S): Policy regarding fund balance SUMMARY: As discussed by the Mayor and Council at the April 10, 2014,

budget meeting, the attached policy revises the town’s policy and procedure regarding fund balance. Revisions to PPM 800-11, changes the fund balance percentage from 12-15% of expenses to 15% and clarifies language from “general fund operating budget” to “prior year actual operating expenses.”

FISCAL IMPACT: None RECOMMENDATION: Accept change to Policy and Procedure Manual. ALTERNATIVES: Retain current policy. RESPONSIBLE STAFF:

Martha J. Bennett, CPA, Finance Administrator

COORDINATED WITH: David L. Recor, ICMA-CM, City Manager ATTACHMENT(S): Revised PPM 800-11

Agenda Item # 5F


TOWN OF OCEAN CITY, MARYLAND OCEAN CITY, MARYLAND

POLICY AND PROCEDURE MANUAL

SECTION: FINANCE PPM 800-11 SUBJECT: FUND BALANCE

Purpose

Local governments need financial resources available for unanticipated circumstances and events to ensure the continuity of essential services. The amount of these balances depends on volatility in operating revenues and expenses, exposure to natural disasters, reliance on a single revenue source or industry, and timing of cash flows. The Town has evaluated these circumstances to determine fiscal policies for fund balance. Fiscal Policies The Town will maintain unassigned fund balance to pay for needs caused by unforeseen emergencies, to provide for unanticipated expenditures of a nonrecurring nature, or to meet unexpected increases in service costs. This reserve will be maintained at 12-15% 15% of the general fund prior year actual operating budget expenses. The Town will utilize surplus in excess of reserve and cash flow requirements to invest in capital assets and/or to retire outstanding debt, if feasible. The Town will pay for all current expenditures with current revenues. The Town will avoid budgetary procedures that balance current expenditures at the expense of meeting future years’ revenues, or requiring short-term borrowing. The Town will strive to maintain sufficient retained earnings in enterprise funds to provide for working capital needs and system improvements. Date: 1996, Revised 2009, 2012, 2013 , 2014 Page 1 of 1


5. NEW BUSINESS

G. Request to Approve Picnic Table Agreements presented by City Clerk

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kelly L. Allmond, City Clerk RE: 2014 Boardwalk Picnic Table Agreements DATE: April 23, 2014

ISSUE(S): Approval of the Boardwalk Picnic Table Agreements

SUMMARY: Three (3) boardwalk merchants request your permission to place their picnic tables in the City’s right of way. All have paid the initial fee of $200 plus $25 per table. (1) The DoughRoller dba WAG, Inc. - 2 S. Division Street:

13 Tables @ $525.00 – paid – Insurance Certificate received

(2) Dumser’s Dairyland - Caroline Street. 5 Tables @ $325.00 – paid – Insurance Certificate received; and,

(3) Atlantic Stand - Wicomico Street: 5 Tables @ $325.00 – Insurance Certificate received.

FISCAL IMPACT: Revenue: $1,175 RECOMMENDATION: Approve the picnic table agreements as presented. ALTERNATIVES: Deny use of right of way, or modify the terms of the agreements RESPONSIBLE STAFF: Kelly L. Allmond, City Clerk COORDINATED WITH: Not applicable ATTACHMENT(S): Agreements accompanied by sketched table layout

Agenda Item # 5G


0

2014 Picnic Table Agreement

Is

The Mayor and City Council of Ocean City do hereby authorize an agreement, made this ='!' day of

AYClh, 2014, by and between Bill Gibbs, Gibbs Management Co., Inc. ( hereinafter referred to as

owner) to place picnic tables, for use by the general public, within the right -of -way as designated on

the attached site drawing. It is further agreed that the owner shall meet the following conditions:

1. Tables are to be available for use by the general public at all times; 2. Tables are to be cleaned and maintained in good repair by the owner;

g f$ 200 C0 pl• $ 2 nn per +. bi hail ° p,;,

1 +,. + h° Mayor and Cou ^ell3. A annum uaSe Guar e Oi u5 . V. c. - a is sl- n b a u

upon execution of this agreement;

4. Failure to correct damaged, unsafe or unsanitary conditions within 48 hours of writtennotification shall terminate this agreement and tables will be removed;

5. Approval for placement of the tables shall be granted by the Mayor and Council at a publicmeeting;

6. For the protection of the public and the Mayor and Council, owner must obtain, at the owners

expense, comprehensive general liability insurance coverage, which insurance coverage shall

include personal injury and shall be at least in the amount of one million dollars ($ 1, 000,000. 00)

combined single limit. Said insurance coverage shall name the Mayor and Council as the

additional insured, and a certificate of insurance evidcc,cing such coverage shall be furnished to

the Mayor and Council by the owner and approved by the Town' s Risk Manager. 7. This agreement may be renewed April 1St of each year, at the sole option of the Mayor and

Council.

8. A drawing to scale shall be attached indicating exact location and placement of tables.

Witness

okmxWitness

Mayor Richard W. Meehan

Council President Lloyd Martin

Council Secretary Mary Knight

Bill Gibbs

Gibbs Management Co., Inc.

P. O. Box 419

Ocean City, MD 21843

0

L L

L L

r

4

L

0

ACORa CERTIFICATE OF LIABILITY INSURANCEDATE (MM /DD/YYYY)

F4/ 22/ 2014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

PRODUCER

Atlantic /Smith, Cropper & Deeley7171 Bent Pine Road

P. O. BOX 770

willards MD 21874

CONTACT Michelle SmithNAME:

PHONE ( 410) 835 - 2000

AICX, No: ( 410) 835 - 2036

EDMAREIL .msmith@ascd. netA

INSURERS AFFORDING COVERAGE NAIC N

INSURER A: Com anion Property & Casualty

LIMITS

INSURED

WAG, Inc •

PO BOX 419

Ocean City MD 21843

INSURER B:

INSURER C :

INSURER D:

INSURER E:

1, 000, 000

INSURER F:

X COMMERCIAL GENERAL LIABILITY

COVERAGES CERTIFICATE NUMBER:2013 - 14 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRLTR TYPE OF INSURANCE

Town of Ocean City

POLICY NUMBER MM/LDDY

MPOLICYD/YYYY LIMITS

GENERAL LIABILITY

Meagan Kohut / MSMITH

EACH OCCURRENCE 1, 000, 000

X COMMERCIAL GENERAL LIABILITYDAMAGE TO RENTPREMISES Ea occurrence 100, 000

A CLAIMS -MADE Fx1 OCCUR PM3628918 02 01 6/ 20/ 2013 6/ 20/ 2014MED EXP ( Any one person) 5, 000

PERSONAL & ADV INJURY 1, 000, 000

GENERAL AGGREGATE 2, 000, 000

GEN' L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 2, 000, 000

X POLICYPRO

LOC

AUTOMOBILE LIABILITYCOMBINED SINGLE LIMITEa accident

BODILY INJURY ( Per person) ANY AUTO

BODILY INJURY (Per accident) ALL OWNED SCHEDULEDAUTOS AUTOS

PROPERTY DAMAGEPer accident

NON -OWNEDHIRED AUTOS AUTOS

X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1, 000, 000

AGGREGATE 1, 000, 000A

EXCESS LIAB CLAIMS-MADE

DIED I X I RETENTION$ 10, 000 UM3628918 02 01 6/ 20/ 2013 6/ 20/ 2014

WORKERS COMPENSATION WC STATU- DTH- TORY LIMITS

AND EMPLOYERS' LIABILITYY / N

ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENTOFFICER/ MEMBER EXCLUDED? N/ A

Mandatory in NH) E. L. DISEASE - EA EMPLOYE

If yes, descr be underDESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1 $

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required)

606 Atlantic Avenue Ocean City MD 21842

CERTIFICATE HOLDER CANCELLATION

KAllmond@oceancitymd. gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

Town of Ocean City301 N. Baltimore Avenue

AUTHORIZED REPRESENTATIVE


Meagan Kohut / MSMITH

ACORD 25 (2010/05)

INSn25 (9mnn,;) m

1988 -2010 ACORD CORPORATION. All rights reserved.

Tho Anopi 1 n2ma 2nA Innn 2ro ronicfororl m2rlrc of Arnion

0 r


The Mayor and City Council of Ocean City do hereby authorize an agreement, made this day of

vv , 2014, by and between Donald Timmons t/ a Dumsers Dairyland ( hereinafter referred to as



1. Tables are to be available for use by the general public at all times; 2. Tables are to be cleaned and maintained in good repair by the owner; 3. A annual base charge of $200.00 plus $ 25. 00 per table shall be paid to the Mayor and Council



5. Approval for placement of the tables shall be granted by the Mayor and Council at a public

meeting;


expense, comprehensive general liability insurance coverage, which insurance coverage shall

include personal injury and shall be at least in the amount of one million dollars ($ 1, 000,000. 00)


additional insured, and a certificate of insurance evidencing such coverage shall be furnished tothe Mayor and Council by the owner and approved by the Town' s Risk Manager.

7. This agreement may be renewed April 1st of each year, at the sole option of the Mayor andCouncil.


Witness

Witness



Councjl-Sqcretary Mary Knight

Donald Timmons

Dumsers Dairyland

501 S. Philadelphia Ave.


c^<" o t, I rJ E Ste' t )! -If ,i /

IYR

R0

YYY)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM / °° N

4/ 22/ 20144

IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

PRODUCERc N

EACT Sandra Daniels

Atlantic /Smith, Cropper & DeeleyPHONE ( 410) 835 - 2000 ( FAX No): ( 910) 835 - 2036

7171 Bent Pine Road ADDRESS: sdaniels @ascd. netP. O. BOX 770 INSURERS AFFORDING COVERAGE NAIC #

Willards MD 21874 INSURER A Com anion Property & CasualtyINSURED INSURER B : Ohio Casualty Insurance Co.

Ocean City Dumsers , LLC INSURER C : Hartford Casualty Ins. Co. 29424

Dumser I s Dairyland, Inc INSURER D:

14 Atlantic Avenue INSURERE:

Ocean City MD 21842 - 0000 INSURER F:

COVFRAGFS CERTIFICATE NUMRFR--CL1442217704 RFVISION NUMRFR-

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE

ACCORDANCE WITH THE POLICY PROVISIONS.

POLICY NUMBERPOLICY EFFMM /DD/ YYYY

POLICY EXPMM /DD/ YYYY LIMITS

GENERAL LIABILITY


Sandra Daniels / SDANIE - r[ 4. L" `: n

EACH OCCURRENCE 1, 000, 000

PREMISES Ea occurrence 100, 000X COMMERCIAL GENERAL LIABILITY

A CLAIMS -MADE 7XOCCUR C3627240- MASTER 9/ 24/ 2013 9/ 24/ 2014MED EXP ( Any one person) 5, 000



GEN' L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG 3, 000, 000

X POLICYPRO-

LOC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMITEa accident

BODILY INJURY ( Per person) ANY AUTO

ALL OWNED SCHEDULEDAUTOS AUTOS

BODILY INJURY ( Per accident)

PROPERTY DAMAGEPeraccident

NON -OWNEDHIREDAUTOS AUTOS

UMBRELLA LIAB OCCUR EACH OCCURRENCE

AGGREGATEBEXCESS LIAB CLAIMS -MADE

DED I I RETENTION 01454809604 9/ 24/ 2013 9/ 24/ 2014

C WORKERS COMPENSATION WC STATU- OTH-

AND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR /PARTNER /EXECUTIVE E. EACH ACCIDENTE. 1- 500, 000OFFICER /MEMBER EXCLUDED?

Mandatory In NH)

N/ AOWECCK7337- DAIRYLAND 24 / 2013 9/ 24 / 2014

E. L. DISEASE - EA EMPLOYEE 500, 000If yes, describe underDESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT 500, 000

DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, it more space is required)

Picnic Tables owned by insured located 14 Atlantic Avenue, Ocean City, ND 21842

CFRTIFICATE HOLDER CANCFI_L ATInN

410) 289 - 7385 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

Town Of Ocean CityACCORDANCE WITH THE POLICY PROVISIONS.

Attn: TerranceAUTHORIZED REPRESENTATIVE

301 Baltimore Avenue


Sandra Daniels / SDANIE - r[ 4. L" `: n t Jet 4- U,

ACOKU 25 ( 2010 /UD) cU 19UU -2010 ACORD CORPORATION. All rights reserved.

INS025 r2moosiol The Ar` nRn name nnri Innn are renkfereri marks of Af nRn


The Mayor and City Council of Ocean City do hereby authorize an agreement, made this _ day of

2014, by and between Brandon Phillips t/ a Atlantic Stand ( hereinafter referred to as



1. Tables are to be available for use by the general public at all times; 2. Tables are to be cleaned and maintained in good repair by the owner; 3. A annual base charge of $200.00 plus $ 25. 00 per tabie shaii be paid to the Mayor and Council



5. Approval for placement of the tables shall be granted by the Mayor and Council at a publicmeeting;


expense, comprehensive general liability insurance coverage, which insurance coverage shallinclude personal injury and shall be at least in the amount of one million dollars ($ 1, 000,000.00)


additional insured, and a certificate of insurance evidencing such coverage shall be furnished tothe Mayor and Council by the owner and approved by the Town' s Risk Manager.

7. This agreement may be renewed April1St

of each year, at the sole option of the Mayor and

Council.


Witness

Witness



Council Secretary Mary Knight

VV-- Brandon Phillips

Atlantic Stand

P. O. Box 607


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1r0A I G VI" LIAMILI 1 T 1N' 1& A1ML r- I 4/ 9/ 2014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

PRODUCER

Atlantic /Smith, Cropper & Deeley7171 Bent Pine Road

P. O. BOX 770

Willards MD 21874

CONTACT Select Business UnitPHONE ( 410) 835 - 2000 FAX

No:( 410) 835 - 2036

EA-MADDILRESS: certificates@ascd. netINSURERS AFFORDING COVERAGE NAIC N

INSURER A: Harle sville Worcester Ins Co 26182INSURED

Son Shine Foods, Inc., DBA: Atlantic Stand

P O BOX 607

Ocean City MD 21843

INSURER B :Llo ds of London

INSURER C:

INSURER D:

INSURER E:

INSURER F:

1, 000, 000

COVERAGES CERTIFICATE NUMBER: 13 - 14 Master REVISION NUMBER-

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRLTR TYPE OF INSURANCE

AD L UPOLICY NUMBER

POLICY EFFMM/DD/ Y

POLICY EXPMM/DO/ YYY LIMITS

GENERAL LIABILITYEACH OCCURRENCE 1, 000, 000

A

X COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE ® OCCUR GL11558F 29/ 2013 29/ 2014

DAMAGE To RENTEDPREMISES Ea occurrence 100, 000

MED EXP (Any one person) 5, 000



GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 2, 000, 000

X POLICYPRO

LOC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMITEa accident

BODILY INJURY ( Per person) A

ANY AUTO

ALL OWNED SCHEDULEDAUTOS AUTOS

11653E 29/ 2013 29/ 2014 BODILY INJURY Per accident

X NON -OWNEDHIRED AUTOS AUTOSX PROPERTY DAMAGE

Per accident

Non -owned 11000, 000X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1, 000, 000

AGGREGATE 1, 000, 000AEXCESS LIAB CLAIMS -MADE

DED I I RETENTION$ CMB12259F 29/ 2013 29/ 2014

WORKERS COMPENSATION I WC STATU- OTH-

AND EMPLOYERS' LIABILITYY/ N

ANY PROPRIETOR /PARTNER /EXECUTIVEOFFICER /MEMBER EXCLUDED? N/ A

E. L. EACH ACCIDENT

E. L. DISEASE - EA EMPLOYEMandatory in NH) If yes, describe under

E. L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below

DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required)

CERTIFICATE HOLDER CANCELLATION

Madelyne289@comcast. net SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

Town of Ocean CityACCORDANCE WITH THE POLICY PROVISIONS.

P. O. Box 5000AUTHORIZED REPRESENTATIVE


Linda Bolner /LBOLNE

ppppp.-

Ah a


5. NEW BUSINESS

H. Discussion of FY15 Proposed Budget presented by City Manager

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Jennie Knapp, Budget Manager RE: FY 15 Budget reduction options and alternatives DATE: 04/24/14

ISSUE(S): Options and alternatives for reducing FY 15 budget SUMMARY: A list of options and alternatives for further budget reductions

has been provided in ¼ penny increments for the Council’s review. Approval of the entire list of options would equate to a one penny reduction of the FY 15 tax rate, from .4804 to .4704, the constant yield rate. This is also a tax rate reduction from the FY 14 rate of .472.

FISCAL IMPACT: Approval of all suggested changes would require an additional

$157,280 from fund balance in the General Fund. This would increase the appropriation of unreserved fund balance from $775,000 to $932,280, but would continue to maintain fund balance above the 15% fiscal policy level.

RECOMMENDATION: Review options and alternatives for further discussion of FY 15

budget. ALTERNATIVES: Defer to Mayor and Council RESPONSIBLE STAFF: Jennie Knapp, Budget Manager COORDINATED WITH: David L. Recor, ICMA-CM, City Manager ATTACHMENT(S): Options and alternatives

Agenda Item # 5H


Suggestions for Reducing the Tax Rate:

1/4 penny = $212,949

1/2 penny = $425,898

3/4 penny = $638,846

1 penny = $851,795

1. Savings from Refunding of 2004 Bonds:

Principal (314,988 - 311,304) 3,684

Interest (19,758 - 7,397) 12,361

2. OCDC Funding

Municipal Purpose Bond of 2014 B (Hall property) $107,115

OCDC reimbursement:

Hall Property $107,115

Beach Patrol 46,000

4th Street Lot 31,000 77,000

3. Fund the following items in FY 14:

Carpet and painting at City Hall 25,000

Bominite patio cleaning and sealing 16,371

Baltimore Avenue Christmas Trees (12) 28,000

Soccer Field bathroom doors, carpeting, flooring 4,595

Concrete Planters for Boardwalk 7,590

Decorative trashcans for boardwalk 7,344

Pressure washer and trailer (replacement) 16,000

4. Reduce the Winterfest Energy estimate 6,000

5. Reduce Police department expenses:

Postage meter rental 960

Accurint subscription 3,600

6. Additional Grant Funding for Emergency Manager position 5,000 213,505

7. Increase estimate for Building Permit revenue at current rates 50,000

8. Eliminate Transfer to Vehicle Trust 90,419

9. Reduce Street Paving by amount found during wrap-up 85,030 225,449 438,954

10. Change date of non-contract increments for FY 15 to January 1st:

General Fund $315,531

Transportation 19,512

Airport 4,396

OCCC 23,745

IT 17,665

Risk 2,381 191,615

11. FICA savings on salary reductions 14,659 206,274 645,228

12. Fund Special Events position for 6 months:

Salary $35,512

Part-Time Salary $21,000

FICA $1,110

Health Insurance $16,710 16,166

13. Fund HR position for 6 months:

Salary $49,000

FICA 3,748

Health Insurance $13,495 33,121

14. Fund the following with fund balance:

Street Paving 157,280 206,567

851,795

Documents

April 29 2014 Complete Agenda