MAYORANDCITYCOUNCIL

WORKSESSION
Tuesday,April29,20141:00P.M. AClosedSessionisscheduledfrom11:00A.M.1:00P.M. todiscusslegal,contractual,realestateandpersonnelmatters.

AGENDA
1. 2. 3. 4. COMMENTSFROMTHEPUBLIC
AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda maybeheardduring Comments from the Public for a periodof three (3)minutes orsuch time asmay be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, addressandtheAgendaitemonwhichheorshewishestospeak.

CALLTOORDER REPORTONCLOSEDSESSIONTuesday,April29,201411:00a.m.1:00p.m. ACKNOWLEDGEMENTSANDRECOGNITIONS

5. 6. ADJOURN H. DiscussionofFY15ProposedBudgetpresentedbyCityManager G. RequesttoApprovePicnicTableAgreementspresentedbyCityClerk F. DiscussionofRevisiontoPPM80011regardingFundBalancepresentedbyFinanceAdministrator E. DiscussionofSmokingontheBeachpresentedbyPlanningandCommunityDevelopmentDirector D. GISOverviewpresentedbyPlanningandCommunityDevelopmentDirector C. DiscussionofTourismStrategicPlanpresentedbyTourismDirector B. PrivateEventRequestforApprovalofTallShipsAugust1September1,2014withconsideration ofPiratesFestivalpresentedbyPrivateEventsCoordinator A. B.LilleyProductions,LLCpresentationof: 1. 2014AirShowJune1415,2014 2. RequestforApprovalofAirShowFoodandBeverageFranchise NEWBUSINESS

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

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of X 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 3. To consider the acquisition of real property for the public purpose and matters X 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 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 X or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

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:

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 4. COMMENTS FROM THE PUBLIC
Any person who may wish to speak on a matter scheduled for discussion on the Work Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

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

Agenda Item # Council Meeting 5A(1) April 29, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Frank Miller, Special Events Superintendent 2014 Ocean City Air Show April 23, 2014 The OC Air Show promoter is required by MOU to keep the Mayor and Council updated on the Air Show planning. 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.

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

This update will not increase the Towns Financial support to the Air Show. Council provides guidance as needed. Not applicable Frank Miller, Special Events Superintendent City Staff Bryan Lilley of Bryan Lilley Productions City Solicitor Guy Ayres 1. 2. 3. 4. 5. Cover June 2014 Calendar Air Show MOU Application Air Show Brand Item Photo

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

June
Sun 1 PE Ravens Beach Bash PE PIS Karaoke Mon 2 Tue 3 PE PIS Karaoke & Volleyball Wed 4 PE PIS Basketball Thu 5 PE PIS Dodge Ball Fri 6 PE - Longboard Challenge TENTATIVE PE-PIS Tennis Sat 7 PE - Longboard Challenge - TENTATIVE

8 PE - Longboard Challenge TENTATIVE PE OC Cruzers PE PIS Karaoke

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

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 22 PE Beach 5 Sand Soccer - TENTATIVE

16

17 PE Firemens Pipe & Drum PE PIS Karaoke & Volleyball

18 PE - Firemens Parade

19

20

14 PE Wine in the Park Arts Alive PE - Air Show TENTATIVE PE Sand Duels Beach Soccer TENTATIVE PE DE Volleyball Beach Bash 21 PE Beach 5 Sand Soccer

23

24

25

26 PE Dew Tour

27 PE Dew Tour

28 PE Dew Tour

29 PE Dew Tour

30

2014

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,MARYLAND

AND

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 the Ocean City Air Show ( OCAS)shall be presented in 2013, 2014 and 2015, provides an automatic approval for a future year and identifies what each party shall accomplish and the suspense dates for each. The annual Private Event Application for the Air Show and all signed disclosures shall be incorporated into this MOU by reference. 2.Request for Permission to Conduct Event: Ocean City Air Show,LLC ( OCLLC)has approached the Town of Ocean City for the continued conduct of an air show.A successful Air Show has been accomplished for five years from 2008 to 2012. This MOU follows and incorporates an annual review of a Private Event Application by the City Staff and approval by the Mayor and City Council.

3.Event Summary: Ocean City Air Show, LLC,shall produce the 2013 OCAS with assistance from with the TOC,which will take place on Saturday and Sunday, June 8 and 9 with a preview rehearsal / day on Friday,June 7,2013 and on a mutually agreed upon
weekend in future years. The 2013 Air Show shall include the United States Navy's Blue

Angels demonstration team serving as the anchor for the show including other military aerial demonstrations and fly bys, civilian aerial demonstrations and ground exhibits. 4.Scope. This Memorandum of Understanding includes the planning, coordination and execution of OCAS and identifies tasks responsibilities / for each party. This memorandum
shall remain in force until terminated by either party.

5.Financial Agreement: The Town of Ocean City shall provide an annual allocation of 35, 00 000.to the OCAS to be spent by the Town in support of the air show with a forecasted budget as follows and will be managed by the Town's representative:
a. Air Boss ........................... ............................... ......................$ 30 00 , 00.

b. Announcer ........................ ............................... ......................$ 3, 00 000.

10, 00 000. c. Public Address Contractor .... ............................... .....................$

d. Military Demonstration Team Fees ($ 6, 00 000.per day for 2 000. days).......$ 12, 0 0 e. 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 budget items 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 by
mutual 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 the Town's beverage and sun care product sponsorships. Sponsorships shall not include drugs, sex or tobacco. Alcohol or gambling sponsorship is permissible

provided that no messages encourage the act of gambling or promote the consumption of alcohol. Alcoholrelated messages must be used as a positive
teaching 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, 00 000.in kind services approved. In kind services are tracked by the
Town's budgeting process.
e.

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

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 of broadcasting the narration and audio for the OCAS to the spectators on the
beach from 14 Street to 17 Street.

j.

Providing the tents,food and beverage vendors for the area defined as Show
Center,which will extend from the Boardwalk to the high water mark between 14 and 17 Streets, allowing Ocean City Beach Patrol ( OCBP)

vehicle passage directly from the west to the east perimeter's.

k. Providing 000. 5 $ 0 0 , 00, 0 in liability insurance as follows: 1.Insurance shall provide for 000. 1 $ 000, , 0 0 per occurrence coverage
and $ 000. 5, 000, 0 0 aggregate coverage.

2.Insurance shall list Ocean City Air Show,LLC as named insured and

Mayor and City Council as additional insured.This document must be on

file with the Town's Risk Manager prior to the arrival of any air show
related aircraft.
1.

Coordinating all military and civilian performer participation.

displays in the Inlet Lot.

m. Coordinating ground exhibits.

n. Providing contract security for Show Center and the military recruiting

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 Fire
Marshal 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 to
load out.
t.

Providing portable toilets on the beach within Show Center,which are to be serviced daily. u. If OCAS is not able to secure one of the following headline acts before March 1st of any year during the term of the agreement, then TOC shall have the right to cancel the event for that respective year:
1.U. S.Air Force Thunderbirds

2.U. S.Navy Blue Angels

3.Canadian Air Force Snowbirds

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

Demonstrations

OCAS LLC will inform the Town's representative that this requirement has

been 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. Contracting the items identified in the Town's Air Show annual allocation. Up to $ 100, 00 000.of in kind services as determined by the Town. The Ocean City Airport as the support site for aviation operations at no
additional cost to the Town.
e.

b.
c.

d.

g.

Use of all ground support equipment currently available at the airport at no additional cost to the event unless the TOC incurs a cost in sourcing it from a third party. Conducting a Media Day at the Ocean City Airport during the rehearsal day of each year. Access to the beach in the area of Show Center and a 300' x 150' space in the northwest corner of the inlet parking lot for military recruiting displays and mobile marketing tours that do not compete with boardwalk businesses.

Page 3 of 5

h.

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

i.

Public Safety support, maintaining the beach,public transportation as stated

and trash removal. Promoter must put all solid waste in containers.

j.
k. 1.

Submitting permits with the United States Coast Guard (USCG).

Sand fencing around and within at Show Center. Emergency Operations and response.
space.

m. Notice To All Airmen ( NOTAM)providing times and locations of closed air

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 50

feet of 18th Street will be used for Air Show related parking. When provided

written approval by all businesses property / owners located on either side of

12th Street to 14th Street,block off the east most 100 feet for displays and air
show related vendors. On 19th Street and 20th Street,block the east most 50 feet 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 area
defined as Show Center on one rehearsal day and Saturday and 12: 30 p. m.to

4: 00 p. m. on Sunday and on mutually agreed upon dates in future shows,

subject to approval by the Worcester County Board of License
Commissioners.
q.

One (1) Cityowned bus and driver for transportation of performers and aircraft ground crews to and from the NASA Wallops Flight Facility on the
arrival of the military jet team support staff and as agreed immediately
following the event.

r.

Shuttle bus service directly to the Air Show ( 16th Street)from the south
Convention Center Parking Lot i ( f lot is available). Air Show patrons will not

pay to park but will pay any existing fees for the bus service. Priority for this
lot 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 Air Show Center. For this purpose, a Beach Franchise shall be approved by the
Mayor 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.

the course of the Air Show, the Town may, at its sole discretion, deploy or divert such

10. Operational Security Provision: In the event of exigent circumstances arising during

public 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. In
the event of inclement weather the parties, after consultation with the Air Show performers,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 Agent
for the planning, coordination and execution of the Ocean City Air Show. The Manager of Ocean City Air Show,LLC shall serve as the representative of OCAS.

13.Termination. This Agreement shall be effective when signed below and may be terminated by either party in the event of a material breach. Before such termination,the party citing the material breach shall give the breaching party thirty ( 30)days written notice 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 the
parties,the matter shall be submitted to mediation before commencement of litigation or as agreed by the parties.

15. Non Assignment. The parties hereto recognize that the current Manager of OC Air Show, LLCis an integral part of the success of the Air Show and is the key man, and without his active participation in the organization and promotion of the Air Show the Town of Ocean City would not enter into this MOU. This MOU is not assignable by Ocean City Air Show,LLC without the express written consent of the Mayor and City Council of Ocean City,which consent may be withheld for any reason at the sole discretion of the Mayor and City Council of Ocean City.Furthermore, should the current manager cease to be associated with Ocean City Air Show,LLC or be unable to actively participate due to death, 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 entity or affiliation between the parties, other than to define the respective rights and obligations
of 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 Bryan S.Lilley,Manager, on behalf of Ocean City ' r Show,LLC

David L.Recor
Z

2 ,' `
F

City Manager ,
a or and Ci
Council

Date

Z/

Z<,

Date

Page 5 of 5

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5A(2) April 29, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Frank Miller, Special Events Superintendent Ocean City Air Show Food and Beverage Franchise April 23, 2014 Request for approval of 2014 Air Show Food and Beverage Franchise 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.

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

Franchise does not increase the Towns financial support to the Air Show. Approve Food and Beverage Franchise for 2014 Air Show. Do not approve. Frank Miller, Special Events Superintendent City Staff Mr. Bryan Lilley of Bryan Lilley Productions City Solicitor Guy Ayres Franchise to operate a concession for sale of food and alcohol on the beach.

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

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 100feet 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.

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

Agenda Item # Council Meeting 5A(3) April 28, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Frank C. Miller, Special Events Superintendent OC Tall Ship Event August 1, 2014 September 1, 2014 April 24, 2014 Request approval of event, modifications and cost-sharing proposal 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 2x6x6 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

ISSUE(S): SUMMARY:

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. Defer to Mayor and Council Frank C. Miller, Special Events Superintendent Lisa Mitchell, Private Events Coordinator 1) 2) 3) 4) Cover Calendars Application CAD Drawing of site layout

ALTERNATIVES: RESPONSIBLE STAFF: ATTACHMENTS:

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

PE DE Volleyball Beach Bash

10

11

12

PE DE Volleyball Beach Bash Rain Date

COB

13

14

15

16

17

18

19

PE Showell 1st Grade Boardwalk Walk TENTATIVE SIP

20 21 22

COB

PE Swim OC

23

24

25

26

SIP

COB

27

28

29

30

31

PE OC Cruzers TENTATIVE SIP

Jesus at the Beach

Jesus at the Beach

Jesus at the Beach

PE Tall Ships TENTATIVE

2014

August
Sun Mon Tue Wed Thu Fri 1 Sat 2

PE Tall Ships TENTATIVE

PE DE Volleyball Summer Heat PE Tall Ships TENTATIVE

9

SIP PE DE Volleyball Summer Heat Rain Date PE Tall Ships TENTATIVE

10

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

COB PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE OC Beach Classic PE Tall Ships TENTATIVE

11

12

13

14

15

16

SIP PE OC Cruzers PE OC Beach Classic PE Tall Ships TENTATIVE

17

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

COB PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

18

19

20

21

22

23

SIP PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

COB PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE OC Jeep Parade TENTATIVE PE Tall Ships TENTATIVE

29

PE OC Beach Blitz Soccer PE Tall Ships TENTATIVE

30

24

25

26

27

28

SIP PE OC Beach Blitz Soccer PE OC Cruzers PE Tall Ships TENTATIVE

31

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

COB PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

2014

September
Sun Mon 1 Tue 2 Wed 3 Thu 4 Fri 5 Sat 6

PE Tall Ships TENTATIVE

PE Tall Ships TENTATIVE

PE Miata Parade TENTATIVE

10

11

12

13

PE 911/Parade of Brothers PE BikeFest

PE BikeFest

PE BikeFest

14

15

16

17

18

19

20

PE BikeFest

Sunfest PE Sunfest Kite Fest

Sunfest PE Sunfest Kite Fest

Sunfest PE Sunfest Kite Fest

21

22

23

24

25

26

27

Sunfest PE Sunfest Kite Fest PE OC Cruzers

28 29 30

PE - Winefest on the Beach

PE - Winefest on the Beach PE Pigs on the Beach - TENTATIVE

2014

Ocean City Private Events

Name of Event: Tall Ship Event Date of Event: August 1- September 1, 2014 Date Application Received: March 2, 2014 Date Returned from All Departments: April 3, 2014 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 16 th 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. Application Fee Paid: Yes Total Cost to Town: $5,312.42 Revenue to Town: $125.00 New Event: Yes

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 doesnt 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 mens lac rosse 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 3 rd 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 LMitchell@oceancitymd.gov

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

A non-refundable application fee must accompany this document. $100.00 For-Profit Promoters and $25 Non-Profit Organizations
The minimum fee for City property usage is $150 per day for For-Profit promoters and $25.00 per day for Non-Profit organizations. For beach use this fee is applied per ocean block, per day. Races/runs/walks on the beach do not require a per block charge. Set-up and breakdown days are also subject to this fee assessment. 1. TITLE OF EVENT: ________________________________________________ 2.

OC Tall Ship Event No IS THIS A NEW EVENT? ___________________________________________

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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

No FOR THE NEXT 3-YEARS: ____________________________________________ 9a - 9p 4. STARTING & ENDING TIMES OF EVENT: _______________________________

July 31, 2014 - 9a 5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________
Sept 2 - 9a - 2p 6. PROJECTED CLEAN-UP DATE (S) & TIMES: _____________________________
7. LOCATION (Describe area in which event shall be contained; be specific as to how

2nd thru 4th Bayside Boardwalk - street next much area will be used, etc.): _____________________________________________

to boardwalk and baseball field for exhibits _____________________________________________________________________

_____________________________________________________________________

Steven Webster 8. APPLICANTS NAME: ________________________________________________

National Air, Sea & Space Foundation 9. ORGANIZATION REPRESENTING: _____________________________________
_____________________________________________________________________

Po Box 321330 10. MAILING ADDRESS: _________________________________________________ Cocoa Beach, FL 32932 _____________________________________________________________________ 321-328-7110 11. WORK PHONE: ____________________ HOME PHONE: ____________________ steve@airseaspace.org FAX: _________________________ EMAIL: _______________________________
12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH

Yes - 990-N DOCUMENTATION? ____________________________________ IF NOT, WHY?

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

same as above _____________________________________________________________________

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

same as above _____________________________________________________________________

_____________________________________________________________________ 15. COORDINATORS CONTACT INFORMATION IF DIFFERENT THAN

QUESTION 11: HOME: ____________________WORK: ____________________

443-235-9888 FAX: _____________________________ CELL: __________________________ steve@airseaspace.org E-MAIL ADDRESS: __________________________________________________

OTHER: _____________________________________________________________

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

Public tours of a full replica 16th century Spanish Galleon and a _____________________________________________________________________
Nao Victoria ship - public exhibits/vendors. We would also like to include a pirates _____________________________________________________________________

festival on the weekend of August 22-24, 2014 at the adjacent ball park _____________________________________________________________________
*If more space is needed, please attach additional pages to the back of this application

17. WHERE WILL THE EVENT HEADQUARTERS BE LOCATED? ______________

ticket booth and ship _____________________________________________________________________

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

No SUCH ACCESS? __________________ IF SO, WHERE? ____________________

_____________________________________________________________________ 19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT (Include location, process,
load in to baseball field for the pirate event on the 21st and ticket booth location setup etc.): ________________________________________________________________

in adjacent parking spaces on the morning on the Aug 1st _____________________________________________________________________

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

SCAFFOLDING, ETC.?

IF SO, PLEASE ILLUSTRATE ON REQUIRED

10x10 tents and exhibits DIAGRAM AND DESCRIBE HERE: _____________________________________

Pirate event - stage, 10x10 tents, pa system and concessions _____________________________________________________________________
_____________________________________________________________________ 21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO

hired security for pirate festival weekend EMPLOY: ___________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ 22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR

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

closure of parking spaces west of field and east of field _____________________________________________________________________

_____________________________________________________________________

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23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE?

No __________ IF SO, WHAT TYPE? __________________________________

_____________________________________________________________________ _____________________________________________________________________

rain or shine 24. WHAT IS YOUR RAIN POLICY? ____________________________________

_____________________________________________________________________ 25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING OF SOLID WASTES, INCLUDING GARBAGE AND RECYCLABLES?

request city assistance with trash removal _____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ 26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT COMFORT

NASSF will provide (TOILETS, HAND WASHING, ETC.)? ________________________________

portable rest rooms and hand washing stations for spectators _____________________________________________________________________
_____________________________________________________________________ 27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _______________

tickets to board - merchandise sales - soda/food vending _____________________________________________________________________ arts and craft booths _____________________________________________________________________
_____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES &

n/a QUANTITIES): _______________________________________________________

_____________________________________________________________________ _____________________________________________________________________ 29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES,

Yes CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? ______________

NASSF - Town of Ocean IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________
_____________________________________________________________________

None 30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

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No 31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? __________________

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

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

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

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT? Yes - pirate event Please forward a copy of the approved Air Support/Air-Inflated Structures _________________
Permit to the Private Events Coordinator.

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

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

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

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

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

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

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

Beer and wine sales during weekend event _____________________________________________________________________

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

60 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________

10,000 to 15,000 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?

N/A _____________WHO

DID

YOU

CONTACT?

_____________________________________________________________________ 40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM THE TOWN OF OCEAN CITY (A refundable damage/repair bond of $100.00 is required for each major end-item borrowed from the Town of Ocean City): 1. Placement of cleats to pier for tie up of Nao Victoria 2. Closure of street _____________________________________________________________________

3. Removal/Replacement of boardwalk railing 4. Electical/Water _____________________________________________________________________

5. Trash removal 6. VMS signs 7. Assistance with securing vendors _____________________________________________________________________

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41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY

N/A OBTAINED TIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY

TO THE BACK OF THIS APPLICATION.
Highway Permit to the Private Events Coordinator. Please forward a copy of the approved MDOT

42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING

N/A THE PARADE ROUTE: _______________ DESCRIBE: ______________________

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE 1. Ocean City, MD - OC Tall ship event - Aug 21 - Sept 2, 2013 (5) YEARS: __________________________________________________________

2. Port Canaveral - Tall Ship Event May 1-12, 2013 _____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT (Please read and comply with the Town of Ocean Citys sponsorship policy. The application will not be approved without sponsors. If no sponsors, please state No Sponsors in area

Town of Ocean City - Carey's Dist. - Mr Ducks provided below.): ______________________________________________________

Coca Cola - Black Diamond Catering ____________________________________________________________________

____________________________________________________________________ 45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS
. Placement of special events ticket booth APPLICATION: ______________________________________________________

Placement of RT 50 pole banners and boardwalk pole banners _____________________________________________________________________

_____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF THE EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC.

x IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______

An event diagram MUST be included for an event to be considered.

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

COCA-COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Towns agreement with Coca-Cola Refreshments as it pertains to the distribution or sales of beverages by the applicant on Town property. The applicant agrees to sell, dispense or serve only Coca-Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled waters. The permitted beverages include Coca-Cola, Diet Coke, Sprite, Pibb Xtra, Mello Yello, Fresca, Nestea, Arizona Tea, Honest Tea, Barqs Root Beer, Fanta, Minute Maid, Seagrams Ginger Ale, PowerAde, V-8 Juice, Fuze Juice, Monster, Tum E Yummies, Dasani and other products that Coca-Cola may provide in accordance with its agreement with the Town of Ocean City. I have read this disclosure and agree that I will comply with its provisions. APPLICANTS SIGNATURE____________________________DATE______________

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. APPLICANTS 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. APPLICANTS SIGNATURE___________________________DATE_______________

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

PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for the private event described in this application agrees to follow guidelines provided and submit a complete application including all required submission of materials. The applicant agrees to take full responsibility for all city-owned property, whether borrowed, leased or rented, and understands that necessary replacement and/or repair fees may be assessed should such property be in an unacceptable condition. The applicant agrees to abide by all provisions of the private event permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit, which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements. APPLICANTS SIGNATURE___________________________DATE_______________

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CALENDAR OF EVENTS LISTING

Please return to: Lisa Osman - Dept of Tourism 4001 Coastal Hwy. Ocean City, MD 21842 losman@oceancitymd.gov 410-289-2800 / 410-289-0058 fax 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.

OC Tall Ship Event Name of Event: ___________________________________________________________

August 1 to Sept 1, 2014 2014 Date: ______________________________________________ Year: _______________

Chicago ave btw 3rd and 4th Address/Venue: ___________________________________________________________

9a - 7p Times of Event for Public Attendance: ______________________________________

Admission Fees: __________________________________________________________

Steve Webster Contact Name: ___________________________________________________________

Contact Phone: ___________________________________________________________

steve@airseaspace.org Email: ___________________________________________________________________

www.tallshipevent.com Website: _________________________________________________________________
Facebook: ________________________________________________________________

Public tours of a 16th century Spanish Description of Event: ______________________________________________________

Galleon and Nao class ships ___________________________________________________________________________
(The information below will not be published on public website, but may be made available to our Convention & Visitors Bureau, hotel / restaurant members & partners.)

Steven Webster Po Box 321330 Mailing Address: _________________________________________________________________________ steve@airseaspace.org 443-235-9888 Phone: __________________________________ Email: ________________________________________ 25,000 Projected Attendance of Event: ____________________________________________________________

Person providing this information: _________________________________________________________

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 5. NEW BUSINESS C. Discussion of Tourism Strategic Plan presented by Tourism Director

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5C April 29, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Donna Abbott, Tourism & Marketing Director Tourism strategic plan April 23, 2014 A tourism strategic plan is sought to develop a five-year marketing plan for the Ocean City Department of Tourism 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 towns 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.

ISSUE(S):

SUMMARY:

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. Formally reject the eight proposals received and accept the attached project scope and contract with Mr. Sumek subject to review by the City Solicitor. Defer to Mayor and Council Donna Abbott, Tourism Director City Manager David Recor 1) Project scope 2) Sumek & Associates agreement

RECOMMENDATION:

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

 TownofOceanCity TourismStrategicPlanAgreement Thisagreementismadethis________dayof__________,2014,betweenLyleSumek Associates,Inc.(hereinaftercalledLSA)andtheMayorandCityCouncilofOceanCity(hereinafter calledTown),amunicipalcorporationorganizedandexistingunderthelawsoftheStateofMaryland. Whereas,theTownrecognizestheneedtodevelopastrategicplanfortourism;and Whereas,theTownandLSAdesiretoenterintoanAgreementwhereinLSAshallprovidesuch servicesassetforthhereinbelow; Now,therefore,forandinconsiderationofthemutualpromises,undertakingsandcovenants setforthherein,thereceiptandsufficiencyofwhichisacknowledgedandaffirmedbytheTownand LSA,thepartiesheretoagreeasfollows: Article1:ScopeofWork. LSAshallperformalldutiesasoutlinedinExhibitAStrategicPlanningforTourism,Townof OceanCity Article2:Payments. ThetotalamountofthisAgreementshallnotexceed$22,500.LSAshallbilltheTownforthree payments:initialpaymentof$7,000uponsigningofcontract;$7,200uponcompletionofthestrategic planningworkshopforthetourismcommission;andafinalpaymentof$______uponcompletionofthe tourismstrategicplan.TheinvoicesshallbesenttoTownofOceanCity,301BaltimoreAvenue,Ocean City,MD21842.Attention:AccountsPayable,copyto:________________.Theinvoicesshallbepaid within30daysuponreceiptbytheTownandverificationthattherequiredworkhasbeenperformed. Article3:Term. ThetermofthisAgreementshallbefromdateofexecutionuntilsatisfactoryproject completion.TheprojectshallbecompletedbyNovember2014. Article4:TerminationofAgreement. TheCityManagermayterminatethisAgreementinwholeorinpartatanytimeforthe convenienceoftheTown. Article5:ValidityofSections. ShouldanypartofthisAgreementberenderedvoid,invalid,orunenforceablebyanycourtof law,suchadeterminationshallnotrendervoid,invalid,orunenforceableanyotherpartofthis Agreement.

 Article6:GovernedbyMDLaw. ThisAgreementhasbeenmadeandenteredintointheStateofMaryland,andthelawsof MarylandshallgovernthevalidityandinterpretationofthisAgreementintheperformancedue hereunder. Article7:ModificationofAgreement. ThisAgreementmaynotbemodifiedunlesssuchmodificationisinwritingandsignedbyboth parties. Article8:AssignmentofAgreement. LSAmaynotassignthisAgreementwithoutthepriorwrittenapprovaloftheTown.

Article9:Indemnification. Thepartiesagreethatliabilityinconnectionwiththisagreementwillbelimitedtodirectlosses, ifany,thattheTownsuffersasaresultofthenegligence,errors,oromissionsofLSA,inanamountup to,butnottoexceed,theamountoffeesthattheTownhaspaidLSA. Article10:RelationshipbetweenLSAandtheTown. Thepartiesheretointendthatnomaster/servant,employer/employee,orprincipal/agent relationshipwillbecreatedbythisAgreement.Nothingcontainedhereincreatesanyrelationship betweentheTownandLSAotherthanthatwhichisexpresslystatedherein.TheTownisinterested onlyintheresultstobeachievedunderthisAgreement,andtheconductandcontroloftheagentsand employeesofLSAandthemethodsutilizedbyLSAinfulfillingitsobligationshereundershallliesolely andexclusivelywithLSAanditsagentsandemployeesshallnotbeconsideredagentsoremployeesof theTownforanypurpose.NopersonemployedbyLSAshallhaveanybenefits,status,orrightof employmentwiththeTown. Inwitnesswhereof,thepartiesheretohaveaffixedtheirsignaturesheretothedatefirstwritten hereinabove. Witnesses: LyleSumekAssociates,Inc. By:____________________________ Its:____________________________ TownofOceanCity By:____________________________

_____________________________ _____________________________

_____________________________ _____________________________

STRATEGIC PLANNING FOR TOURISM TOWN OF OCEAN CITY PURPOSES (A) to engage the Towns 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 mechanism PROGRAM ACTIVITIES Activity 1: Finalization of Program Activities The 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 Profile The 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 tournaments Other 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 Stakeholders The 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 Staff The 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 Document The 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 Commission A 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 Plan The 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 Partners A 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 partners The 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 Plan The consultation will prepare a revised draft Tourism Strategic Plan and an Action Agenda 2014-2015. Activity 11: Strategic Planning Workshop 2 for Tourism Commission A 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 Reports The 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 Report The Tourism Strategic Plan 2014-2020 will be formally presented to the Tourism Commission and the Mayor and City Council. ESTIMATE BUDGET The hourly rate for Lyle Sumek is $225 per hour. ACTIVITY 1: 2.0-4.0 hours ACTIVITY 2: 8.0-16.0 hours ACTIVITY 3: 10.0-12.0 hours ACTIVITY 4: 5.0-9.0 hours ACTIVITY 5: 8.0-10.0 hours ACTIVITY 6: 16.0-20.0 hours ACTIVITY 7: 4.0-8.0 hours ACTIVITY 8: 8.0-10.0 hours

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

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 5. NEW BUSINESS D. GIS Overview presented by Planning and Community Development Director

02516

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5D 4/29/2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Matthew G. Margotta, AICP, Director of Planning & Community Development Informational discussion about the GIS Coordinator position 4/22/2014 Provide information about the current functions and capabilities of the GIS Coordinator and describe the planned improvements for this responsibility. 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 Govts, 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.

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

None during this fiscal year. 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. Determine that the existing GIS System capabilities and functions are adequate for the foreseeable future. Matthew G. Margotta, AICP, Director of Planning and Community Development Karen Zera, GIS Coordinator Memorandum

ALTERNATIVES:

RESPONSIBLE STAFF:

COORDINATED WITH: ATTACHMENT(S):

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 youre 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.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 5. NEW BUSINESS E. Discussion of Smoking on the Beach presented by Planning and Community Development Director

02516

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5E 4/29/2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Matthew G. Margotta, AICP, Director of Planning & Community Development Regulating Smoking on the Beach and Boardwalk 4/22/2014 Consideration to regulate smoking on the Beach and Boardwalk 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.

ISSUE(S): SUMMARY:

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. Decide to regulate smoking on the Beach and Boardwalk area; provide specific guidance on key issues and direct staff to process an ordinance. Decide not to regulate smoking on the Beach and Boardwalk area. Matthew G. Margotta, AICP, Director of PCD Robert Nelson, Planner Ross Buzzuro, Police Chief; Scott Harner, Lieutenant; Butch Arbin, Captain of Beach Patrol; Ward Kovacs, 2nd Lieutenant; Hal Adkins, Director of Public Works 1. Memo to D. Recor, dated April 22, 2014 2. Draft Ordinance, Smoking Ban 3. Table displaying Smoking Bans from other communities

RECOMMENDATION:

ALTERNATIVES:

RESPONSIBLE STAFF:

COORDINATED WITH:

ATTACHMENT(S):

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 Councils 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 councils direction and enforce the program. Since mid-March 2014, staff has not been able to fully vet the list of decision points developed from councils 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 councils discussions during the Strategic Planning workshops in mid- March 2014. Staff has made considerable headway on all subjects; yet weve 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 staffs 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. Its 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, theres 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 Smoking Areas?

Location & Person Contacted

State of Maryland Dewey Beach Delaware Ordinance 702 Smoking Ban emailed the Mayor 04/07/14
Ms. Hanson:hanson@team-doctor.com

Ordinance or Referendum

Costs

Public Notice

Outreach

Enforcement

banning smoking in all public transportation vehicles, enclosed public places, and enclosed workplaces, including bars, restaurants, casinos, and private clubs

Voted on by council
Banned on the beach/parks

https://imageserv11.team-logic.com/mediaLibrary/147/Ordinance_702_Smoking_Ban.pdf

cost of signs ash receptacles covered by a grant American Lung Assn American Lung Assoc. $10,000 grant-signs enforcement, education

posted in advance of hearing

police lifeguards

No

Fenwick Island Delaware

responded on 04/07/14 Banned on the beach/parks

news letter mailed out email out

Bethany Beach Delaware Banned on boardwalk/beach signage-1st time: Police Chief:Mike Redmon playgrounds, parks written warning 302-539-1000 http://www.townofbethanybeach.com/index.aspx?NID=377 2nd time:summons http://ecode360.com/12746268#./12746269?&_suid=1397567026158048530015476217025 to appear + $100 excellent video Code: Ch. 301-1.301-6 3rd time:custody map of banned places http://www2.townofbethanybeach.com/nosmokingmap.pdf optional + $500 Rehoboth Beach Delaware Banned on beach/boardwalk got a grant for advertised as a Police Sharon Lynn-City Manager Council passed ordinance $15,000 normal counci $25 fine 302-227-2737 1 commissioner opposed agenda item loosely enforced called 03/28/14 for health reasons and to $4,500 for signage signs on each liferesponded on 04/02/14 stop littering - concern guard chair **elec. products not covered American Lung Assoc. directing where to Ordinance No. 4 0411-01 on April 15, 2011 grant-$10,000 call for complaints Chapter 224 of City Code do not tell the lifeguards Ocean City Convention & Visitors Bureau Norma Dobrowolski - requested feedback 04/15&22/14 ndobrowolski@oceancitymd.gov ext. 8616 Ocean City Hotel-Motel-Restaurant-Association Susan Jones - requested feedback 04/15/14
Ocean City MD Beach Patrol

Yes-provide container & trash can-clearly marked-signage-no closer than100' to entrance to beach 12'radius in size Yes - about 22 No real outreach not within 40 ft. of entranceadvertising
for meetings

receptacles provided

susanjones@ocvisitor.com

410-289-6733

Ward Kovacs wkovacs@oceancitymd.gov

responded 04/15/14 - May 8th meeting item lifeguards would be distracted confrontations to be

Smoking Ban Responses

Are There Designated Smoking Areas?

Location & Person Contacted

Ocean City Police Scott Harner sharner@oceancitymd.gov Ocean City Surfriders Foundation Sheldon Dawson, Chairperson -

Ordinance or Referendum

Costs

Public Notice

Outreach

Enforcement

Officers diverted expected when from other duties- smoking is reported must witness

Ocean City Boardwalk Development Corporation

emailed request 04/08/14 would assist if asked to Glenn notified Vicki Barrett: Glenn notified, OCDC opinion -

distribute info at public events - Springfest/Sunfest No response back No response back

requested feedback 04/08/14

Ocean City Development Corp

requested feedback 04/08/14 Virginia Beach VA verified 04/08/14 called police Long Branch New Jersey Princeton New Jersey called 03/28/14 - referred me to Health Officer Grosser 609-497-7608 called 03/28/14 & 04/02/14

757-385-2700 - police-2nd Precinct

Has No Ban Banned on beaches Banned in public places

Trenton New Jersey Housing & Economic Develop. Walter Denson-director 609-989-3518 called on 03/28/14 Division of Planning Jeffrey Wilkerson, Planner 609-989-3502 called on 04/02/14 jwilkerson@trentonnj.org emailed on 03/25/14

jgrosser@princetonnj.gov emailed 04/07014, called 04/15/14:emailing me details Signs posted along streets near public places not to smoke there eliminate exposure to second hand smoke decrease litter,improve fire safety Banned in public places State Bill is pending

$250 1st time $500 2nd time $1,000 there on

emailed Wilkerson 04/07/14

Smoking Ban Responses

Are There Designated Smoking Areas?

Location & Person Contacted

Margate City New Jersey

Ordinance or Referendum
message to town 04/18

Costs

Public Notice

Outreach

Enforcement

Brigantine New Jersey Atlantic City New Jersey

called planning & city clerk - didn't know Sea Isle City New Jersey Sunset Beach New Jersey Seaside Park New Jersey Wildwood New Jersey

Has No Ban message to city manager 04/18 Has No Ban called beach patrol 04/08/14 message to beach patrol 04/18 Banned on beach Banned on beach & boardwalk

responded 04/21/14 Police Chief called back Receptacles on the boardwalk

emailed Mayor 04/18 Stone Harbor New Jersey Cape Fear New Jersey Belmar Beach New Jersey New York City

Has No Ban Has no ban

Banned on beach & boardwalk

Hilton Head South Carolina

Banned on beaches, parks also: malls & plazas City Council voted:36-12 Has No Ban

No designated smoking areas outdoors

Town Manager - David Hewett dhewett@hbtownhall.com

Atlantic Beach South Carolina North Myrtle Beach SC Myrtle Beach South Carolina

Banned on the beach Has No Ban Has No Ban

Only inside workplaces

Smoking Ban Responses

Are There Designated Smoking Areas?

Location & Person Contacted

Hilton Head South Carolina shorebeach.com Hilton Head Island Beach Patrol

Ordinance or Referendum
Has No Ban

Costs

Public Notice

Outreach

Enforcement

talked 04/08/14 Surfside Beach SC P&Z: Sabrina Morris, director smorris@surfsidebeach.org emailed on 03/25/14 843-913-6354 called 03/28/14 messge responded on 03/28/14: in their city code-to read it Wrightsville Beach NC
also: Cape Fear Surfriders

Banned on the beach would not answer my questions told me to read the code via email text sent to Matt via email on 04/07/14 - very useful Code of Ordinances Title IX: Banned on the Beach General Regulations: Ch.92 No waste or refuse allowed on the beach or in public places referendum: 966 out of 1,675 voted for the ban town council had voted on this twice in the past -against the ban due to opinions on who should do enforcement beach is owned by the town could not recall costs regular notice for the referendum

yes - city

police code enforcement $10-25 fine

publication to distribute out

police

No area provided
Cape Fear surfriders

Planning & Parks Tony Wilson, director 910-256-7937 twilson@towb.org called on 03/25/14 responded 03/28/14

lifeguards tell people to stop when someone complains

City provided receptacles at every beach access point & a sign they were donated beach clean-ups tracked butts collected, mapped where most litter was found

events used Boy Scouts

helped fundraisers for signs

Ethan Crouch Surfriders 910-409-0378 called 04/07/14

Vero Beach Florida The 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 enforce State of Maine Ban on state beaches

Smoking Ban Responses

Are There Designated Smoking Areas?
Yes

Location & Person Contacted

Huntington Beach CA P&Z Office-Scott Hess, director 714-536-5271 called on 03/28/14-message responded 03/28/14 Community Services oversees it 714-536-5496
San Diego County California

Ordinance or Referendum
Title 13-Public Property Ch. 13.08:Beach Regulations Sec. 13.08.115:Smoking Boundaries - only in designated smoking areas established by the city

Costs
only signage prices not available been several years since it went into effect

Public Notice

Outreach

Enforcement
warnings issued voluntary compliance

Yes - for city c Marine Safety staff

Could not recall special efforts undertaken been years

Banned on the beach

Manhattan Beach, California

Banned on the beach on-line: City Council voted on this to reduce litter & protect non-smokers - includes electronic smoking devices

John Jalili, Interim City Mgr. 310-802-5056 called 03/28/14 - message left called 04/02/14 - referred me to engineer: Sona Coffee 310-802-5341: called 04/02/14 left message - responded 04/07/14 called #2: 04/08/14 Ala Moana Beach Hawaii

self-enforcing no fines: $100-250 city has to decide how much enforcement is proper or needed

ban on the beach

$100 1st time $200 2nd time $500 3rd time enforcement expected to be 0-light

Carlsbad California Puerto Rico Senator Angel Martinez

Electronic Smoking Prohibited

where smoking is banned Banned on beaches 03/02/07:banned indoors

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 5. NEW BUSINESS F. Discussion of Revision to PPM 800-11 regarding Fund Balance presented by Finance Administrator

25166

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5F April 29, 2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha J. Bennett, CPA, Finance Administrator Revision of Policy and Procedure Manual (PPM) #800-11 April 18, 2014 Policy regarding fund balance As discussed by the Mayor and Council at the April 10, 2014, budget meeting, the attached policy revises the towns 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.

ISSUE(S): SUMMARY:

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

None Accept change to Policy and Procedure Manual. Retain current policy. Martha J. Bennett, CPA, Finance Administrator David L. Recor, ICMA-CM, City Manager Revised PPM 800-11

TOWN OF OCEAN CITY, MARYLAND

OCEAN CITY, MARYLAND POLICY AND PROCEDURE MANUAL SECTION: FINANCE SUBJECT: FUND BALANCE

PPM 800-11

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

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 5. NEW BUSINESS G. Request to Approve Picnic Table Agreements presented by City Clerk

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5G 4/29/2014

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond, City Clerk 2014 Boardwalk Picnic Table Agreements April 23, 2014 Approval of the Boardwalk Picnic Table Agreements Three (3) boardwalk merchants request your permission to place their picnic tables in the Citys 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) Dumsers Dairyland - Caroline Street. 5 Tables @ $325.00 paid Insurance Certificate received; and, (3) Atlantic Stand - Wicomico Street: 5 Tables @ $325.00 Insurance Certificate received.

ISSUE(S): SUMMARY:

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

Revenue: $1,175 Approve the picnic table agreements as presented. Deny use of right of way, or modify the terms of the agreements Kelly L. Allmond, City Clerk Not applicable Agreements accompanied by sketched table layout

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.
2.

Tables are to be available for use by the general public at all times; Tables are to be cleaned and maintained in good repair by the owner;
A annum uaSe Guar g e Oif$ 200 C0 plu5 $. 2
upon execution of this agreement;
hail nn per c. -+. a biis sln b
V.

3.

a p,;,

1 +,. +

h Mayor and Cou ^ ell

4.

Failure to correct damaged, unsafe or unsanitary conditions within 48 hours of written

notification 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 public
meeting;

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

7.

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. 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

Mayor Richard W. Meehan

Council President Lloyd Martin

Council Secretary Mary Knight

okmx
Witness
Bill Gibbs

Gibbs Management Co., Inc. P. O. Box 419

Ocean City, MD 21843

ACORa

CERTIFICATE OF LIABILITY INSURANCE

F4/

DATE ( MM /DD/ YYYY)

22/ 2014

THIS 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), AUTHORIZED
REPRESENTATIVE 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 to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement( s).
PRODUCER

CONTACT Michelle Smith

NAME:

Atlantic /Smith,

Cropper &

Deeley

PHONE (

410) 835 - 2000

msmith@ascd. net
INSURERS AFFORDING COVERAGE

No: ( 410) 835 - 2036

7171
P. O.

Bent BOX

Pine 770

Road

ED MARE
A

IL .

NAIC N

willards
INSURED

MD

21874

INSURER A: Com anion Property & Casualty

INSURER B:

WAG,

Inc

INSURER C :

PO

BOX

419

INSURER D: INSURER E:

Ocean City
COVERAGES

MD

21843 CERTIFICATE NUMBER: 2013 - 14

INSURER F:

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR
XX A

TYPE OF INSURANCE GENERAL LIABILITY

POLICY NUMBER

MM/LDDY

D/ YYYY
EACH OCCURRENCE

LIMITSLIMITS

1,1,

000,000,

000000

COMMERCIALCOMMERCIAL GENERALGENERAL LIABILITYLIABILITY

CLAIMS MADE

DAMAGE TO RENT PREMISES Ea occurrence PM3628918 02 01

100, 000 5, 000 1, 000, 000 2, 000, 000 2, 000, 000

Fx1

OCCUR

6/ 20/ 2013

6/ 20/ 2014

MED EXP ( Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE GEN' L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG

POLICY

PRO

LOC
COMBINED SINGLE LIMIT

AUTOMOBILE LIABILITY ANY AUTO

Ea accident
BODILY INJURY ( Per person)

ALL OWNED
AUTOS

HIRED AUTOS

SCHEDULED AUTOS NON -OWNED AUTOS

BODILY INJURY ( Per accident) PROPERTY DAMAGE

Per accident

X A

UMBRELLA LIAB
EXCESS LIAB DIED

OCCUR
CLAIMS- MADE 10, 000

EACH OCCURRENCE AGGREGATE

1, 000, 000
1, 000, 000

IXI

RETENTION$

UM3628918

02

01

6/

20/ 2013

6/ 20/ 2014
WC STATUTORY LIMITS DTH-

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY ANY PROPRIETOR/ PARTNER/ EXECUTIVE

Y/ N E. L. EACH ACCIDENT N/ A
E. L. DISEASE - EA EMPLOYE

OFFICER/ MEMBER EXCLUDED?

Mandatory in NH)
If yes, descr be under

DESCRIPTION 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 KAllmond@oceancitymd. gov

CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

TownTown ofof OceanOcean CityCity

301 N.
Baltimore
MD

Avenue

Ocean City,

21842

AUTHORIZED REPRESENTATIVE

MeaganMeagan

KohutKohut / / MSMITHMSMITH

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

r
2014 Picnic Table Agreement

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

day of

2014, by and between Donald Timmons t/ a Dumsers Dairyland ( 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.

2. 3.

Tables are to be available for use by the general public at all times; Tables are to be cleaned and maintained in good repair by the owner; A annual base charge of $200. 00 plus $ 25. 00 per table shall be paid to the Mayor and Council
upon execution of this agreement;

4.

Failure to correct damaged, unsafe or unsanitary conditions within 48 hours of written

notification 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 public
meeting;

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

7.

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

Mayor Richard W.

Meehan

Council President Lloyd Martin

Councjl-Sqcretary Mary Knight

Witness

Donald Timmons Dumsers Dairyland

501 S. Philadelphia Ave.

Ocean City, MD 21842

c^<"

o t, I rJ E

Ste'

If ,/ t )! -i

IYR

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM / N YYY)

4/ 22/ 2014 4

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), AUTHORIZED
REPRESENTATIVE 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 to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement( s).
PRODUCER

CT Sandra Daniels
410) 835 - 2000 (

Atlantic / Smith,

Cropper &

Deeley

PHONE (

FAX No): ( 910) 835 -2036

NAIC #

7171
P. O.

Bent
BOX

Pine
770

Road

ADDRESS: sdaniels @ascd. net

INSURERS AFFORDING COVERAGE

Willards
INSURED

MD

21874

INSURER A Com anion Property &

INSURER B : Ohio

Casualty
Co.
Co.

Casualty Insurance

Ocean City Dumsers ,

Dumser I s
14

LLC

INSURER C : Hartford Casualty Ins.

INSURER D:
INSURERE:

29424

Dairyland,
Avenue

Inc

Atlantic

Ocean City
COVFRAGFS

MD

21842 - 0000

INSURER F:

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 PERIOD
INDICATED. 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 GENERAL LIABILITY

POLICY EFF
POLICY NUMBER MM /DD/ YYYY

POLICY EXP
MM /DD/ YYYY

LIMITS

EACH OCCURRENCE
PREMISES Ea occurrence

1, 000, 000
100, 000 5, 000
1, 000, 000

X A

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE 7XOCCUR

C3627240- MASTER

9/

24/ 2013

9/ 24/

2014

MED EXP ( Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE GEN' L AGGREGATE LIMIT APPLIES PER.

PRODUCTS - COMP /OP AGG

3, 000, 000
3, 000, 000

POLICY

PROLOC COMBINED SINGLE LIMIT

AUTOMOBILE LIABILITY

Ea accident
BODILY INJURY ( Per person)

ANY AUTO

ALL OWNED
AUTOS

SCHEDULED
AUTOS

BODILY INJURY ( Per accident) PROPERTY DAMAGE Peraccident

HIREDAUTOS

NON -OWNED AUTOS

UMBRELLA LIAB

OCCUR
CLAIMS MADE

EACH OCCURRENCE
AGGREGATE

EXCESS LIAB
DED

I RETENTION
Y/ N

01454809604

9/ 24/ 2013

9/ 24/ 2014
WC STATUOTH-

WORKERS COMPENSATION AND EMPLOYERS' LIABILITY

ANY PROPRIETOR /PARTNER /EXECUTIVE

OFFICER /MEMBER EXCLUDED? N/ A

E. E. 1-

EACH ACCIDENT

500, 000
500, 000

Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below

OWECCK7337- DAIRYLAND

24 / 2013

9/ 24 / 2014

E. L. DISEASE - EA EMPLOYEE

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

ACCORDANCEACCORDANCE WITHWITH THETHE POLICYPOLICY PROVISIONS. PROVISIONS.

Town Of Ocean City

Attn: Terrance

301

Baltimore

Avenue
2184221842

AUTHORIZED REPRESENTATIVE

OceanOcean City, City,

MDMD

SandraSandra
ACOKU 25 ( 2010 /UD)

DanielsDaniels / / SDANIESDANIE -

r[ r[

4.4. L"L"`:`:

nn

t Jet

4-

U,

cU 19UU -2010 ACORD CORPORATION. All rights reserved.

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

INS025 r2moosiol

2014 Picnic Table Agreement

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

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.

2.

Tables are to be available for use by the general public at all times; Tables are to be cleaned and maintained in good repair by the owner;
A annual base charge of $200. 00 plus $ 25. 00 per tabie shaii be paid to the Mayor and Council
upon execution of this agreement;

3.

4.

Failure to correct damaged, unsafe or unsanitary conditions within 48 hours of written

notification 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 public
meeting;

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 evidencing such coverage shall be furnished to the Mayor and Council by the owner and approved by the Town' s Risk Manager.
7.
1St

This agreement may be renewed April

Council.

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

8.

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

Witness

Mayor Richard W. Meehan

Council President Lloyd Martin

Council Secretary Mary Knight

VV-Witness

Brandon Phillips
Atlantic Stand P. O. Box 607

Ocean City, MD 21843

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IL

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s'TAvVD

2- v H

1r0A I G VI" LIAMILI 1 T

1N' 1&

A1ML r-

4/ 9/ 2014

THIS 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), AUTHORIZED
REPRESENTATIVE 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 to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER

CONTACT Select Business Unit

Cropper &

Atlantic / Smith,

Deeley

PHONE (

410) 835 - 2000

FAX

No:( 410) 835 - 2036

7171
P. O.

Bent
BOX

Pine
770

Road

A-MADDIL E RESS: certificates @ascd. net

INSURERS AFFORDING COVERAGE
NAIC N

Willards
INSURED

MD

21874

INSURER A: Harle

sville

Worcester

Ins

Co

26182

INSURER B : Llo ds
Foods,
Inc., DBA:

of London

Son

Shine

Atlantic

Stand

INSURER C: INSURER D:

BOX

607

INSURER E:

Ocean City
COVERAGES

MD

21843

INSURER F:

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 PERIOD INDICATED. 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR

LTR

TYPE OF INSURANCE GENERAL LIABILITY

AD

U POLICY NUMBER

POLICY EFF

MM/ DD/ Y

POLICY EXP MM/ DO/ YYY

LIMITS

EACH OCCURRENCE DAMAGE To RENTED PREMISES Ea occurrence GL11558F

1,1,

000, 000, 000000

X
A

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE OCCUR

100, 000
5, 000

29/ 2013

29/ 2014

MED EXP (Any one person)

PERSONAL & ADV INJURY

1, 000, 000
2, 000, 000 2, 000, 000

GENERAL AGGREGATE GEN' L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP /OP AGG

POLICY

PRO

LOC

AUTOMOBILE LIABILITY
ANY AUTO ALL OWNED

COMBINED SINGLE LIMIT

Ea accident

A X

BODILY INJURY ( Per person) SCHEDULED

AUTOS

11653E

AUTOS
HIRED AUTOS

29/ 2013

29/ 2014

BODILY INJURY

Per accident

NON -OWNED AUTOS

PROPERTY DAMAGE Per accident Non owned

11000, 000 1, 000, 000

X A

UMBRELLA LIAB
EXCESS LIAB

OCCUR
CLAIMS MADE
CMB12259F

EACH OCCURRENCE AGGREGATE

1, 000, 000

DED I

I RETENTION$
Y/ N

29/ 2013

29/ 2014

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR /PARTNER /EXECUTIVE

I
N/ A

WC STATU-

OTH-

E. L. EACH ACCIDENT

OFFICER /MEMBER EXCLUDED?

Mandatory in NH)
If yes, describe under

E. L. DISEASE - EA EMPLOYE
E. L. DISEASE - POLICY LIMIT

DESCRIPTION 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 BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.

Town of Ocean City

P.

O.

Box

5000
MD

Ocean City,

21843

AUTHORIZED REPRESENTATIVE

Linda

Bolner /LBOLNE

ppppp.-

Ah

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 29, 2014 5. NEW BUSINESS H. Discussion of FY15 Proposed Budget presented by City Manager

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5H 04/29/14

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Jennie Knapp, Budget Manager FY 15 Budget reduction options and alternatives 04/24/14 Options and alternatives for reducing FY 15 budget A list of options and alternatives for further budget reductions has been provided in penny increments for the Councils 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. 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. Review options and alternatives for further discussion of FY 15 budget. Defer to Mayor and Council Jennie Knapp, Budget Manager David L. Recor, ICMA-CM, City Manager Options and alternatives

ISSUE(S): SUMMARY:

FISCAL IMPACT:

RECOMMENDATION:

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

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) Interest (19,758 - 7,397) 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 3. Fund the following items in FY 14: Carpet and painting at City Hall Bominite patio cleaning and sealing Baltimore Avenue Christmas Trees (12) Soccer Field bathroom doors, carpeting, flooring Concrete Planters for Boardwalk Decorative trashcans for boardwalk Pressure washer and trailer (replacement) 4. Reduce the Winterfest Energy estimate 5. Reduce Police department expenses: Postage meter rental Accurint subscription 6. Additional Grant Funding for Emergency Manager position 7. Increase estimate for Building Permit revenue at current rates 8. Eliminate Transfer to Vehicle Trust 9. Reduce Street Paving by amount found during wrap-up 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 11. FICA savings on salary reductions 12. Fund Special Events position for 6 months: Salary $35,512 Part-Time Salary $21,000 FICA $1,110 Health Insurance $16,710 13. Fund HR position for 6 months: Salary $49,000 FICA 3,748 Health Insurance $13,495 14. Fund the following with fund balance: Street Paving

3,684 12,361

77,000 25,000 16,371 28,000 4,595 7,590 7,344 16,000 6,000 960 3,600 5,000 50,000 90,419 85,030

213,505

225,449

438,954

191,615 14,659

206,274

645,228

16,166

33,121 157,280 206,567 851,795