October 15 2012 Complete Agenda

AGENDA MAYOR AND CITY COUNCIL – REGULAR SESSION

MONDAY, OCTOBER 15, 2012 – 6:00 P.M.

1. CALL TO ORDER 2. PRAYER AND PLEDGE 3. REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION 4. APPROVAL OF MINUTES

A. Work Session dated September 11, 2012 B. Regular Session #18 dated September 17, 2012 C. Work Session dated September 25, 2012 D. Regular Session #19 dated October 1, 2012

5. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

Proclamation Designating the Month of October as Breast Cancer Awareness Month

6. PRIVATE EVENT PERMIT REQUESTS

A. Dew Tour - Date Hold Application for June 20-23, 2013 Presented by: Lisa Mitchell, Private Events Coordinator

B. Let’s Walk on the Boards for St. Jude’s Children’s Hospital – 3-Year Approval:

April 6, 2013; April 5, 2014; and April 4, 2015 Presented by: Lisa Mitchell, Private Events Coordinator

7. PUBLIC HEARINGS

8. UNFINISHED BUSINESS

9. NEW BUSINESS

A. “Holiday Gifts for Our Soldiers” Campaign

Presented by: Anna Foultz, Chair, Star Charities B. Approval of Candidates for November 6, 2012 Municipal Election Presented by: Kelly Allmond, City Clerk

10. REPORTS AND RECOMMENDATIONS FROM THE DEPARTMENT OF PLANNING

AND COMMUNITY DEVELOPMENT 11. APPOINTMENTS TO BOARDS, COMMISSIONS AND OTHER CITY ORGANIZATIONS

12. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

A. Second Reading – Ordinance 2012-29 to Amend Benefits Paid or Provided to Certain

Municipal Employees (to change the health savings account contribution amount for employees participating in the high deductible health plan)

B. Second Reading – Ordinance 2012-30 to Authorize the Purchase of Real Property Known as 718 Kelly Road (to acquire real property for the expansion of a wastewater pumping station)

13. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER

A. Upcoming Bid Opening for Wastewater Clarigester Project and Caroline Street Station

B. Bid Award Recommendation for Chemicals

C. Request Approval to Proceed with 2012 Beach Equipment Auction of North End Parcels 14. COMMENTS FROM CITIZENS – 5 MINUTE TIME LIMIT 15. COMMENTS FROM THE MAYOR AND CITY COUNCIL

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 15, 2012

3 – REPORT FROM CITY MANAGER ON UPCOMING WORK SESSION


4 – APPROVAL OF MINUTES

A. Work Session dated September 11, 2012 B. Regular Session #18 dated September 17, 2012 C. Work Session dated September 25, 2012 D. Regular Session #19 dated October 1, 2012


5 – ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

Proclamation Designating the Month of October as Breast Cancer Awareness Month

BREAST CANCER AWARENESS MONTH Approximately 1 in 8 women in the United States will develop invasive breast cancer over the course of her lifetime; and WHEREAS, This year alone, over 200,000 Americans will be diagnosed and nearly 40,000 lives will be claimed; and WHEREAS, The breast cancer survivors living in the U.S. are a testament to courage, as well as to the importance of promoting awareness, screening and treatment of breast cancer; and WHEREAS, Early detection is essential in the treatment of and recovery from breast cancer, which has a 90 percent, five-year survival rate for early-stage detection; and WHEREAS, Throughout the month of October, women are encouraged to make a renewed commitment to following recommended screening guidelines and to make a mammogram appointment; and WHEREAS, The efforts of the collaboration of various organizations have made a major contribution to spreading breast cancer awareness to both women and men in all communities in Maryland. NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, do hereby proclaim the month of October, 2012 as

BREAST CANCER AWARENESS MONTH in the Town of Ocean City, Maryland, and encourage citizens, Government agencies, private businesses, and nonprofit organizations to join in activities that will increase awareness of what we can do to prevent and control breast cancer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 1st day of October in the year of Our Lord two thousand and twelve. _______________________________________ RICHARD W. MEEHAN Mayor


6. PRIVATE EVENT PERMIT REQUESTS

A. Dew Tour – Date Hold Application for June 20-23, 2013

Presented by: Lisa Mitchell, Private Events Coordinator

25166 TOWN OF

The White Marlin Capital of the

WorldTOWN OF Agenda Item # 6A

October 15, 2012 Council Meeting

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Dew Tour Date Hold Request DATE: October 10, 2012 ISSUE(S): Requesting to hold dates and location for the Dew Tour 2013. SUMMARY: Initially the request for the date hold was as follows:

Load in: June 10-19 Event date: June 20-23 Load out: June 23-29 The location request specified the beach north of the pier to North Division Street and partial use of the northeast corner of the Inlet Lot. Dew Tour then provided an addendum to their Date Hold Request that requested to extend the load in and begin on June 6; to extend the load out and end by July 1, and to enlarge the event footprint for the cablecam towers.

FISCAL IMPACT: Non-specified RECOMMENDATION: To approve the date hold and include the addendum for the load

out extension to July 1 and the footprint enlargement. Approve load in as originally proposed to start on June 10.

ALTERNATIVES: Do not approve the date hold request at all.

To approve the original request and not the addendum to the request. To approve all requests made in the addendum.

RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: Appropriate staff ATTACHMENT (S): 1) June 2013 Calendar

2) Cover Sheet 3) Request for Private Event Date Hold 4) Addendum to Request for Private Event Date Hold

Sun Mon Tue Wed Thu Fri Sat May 26

May 27 MEMORIAL DAY Founders Entertainment Set-up

May 28 Founders Entertainment Set-up




1 Founders Entertainment Beach Concert Raven’s Parade

2 Founders Entertainment Beach Concert PIS Karaoke

3 Founders Entertainment Breakdown

4 PIS Karaoke & Volleyball Founders Entertainment Breakdown

5 Founders Entertainment Breakdown OC Air Show Set-up

6 Founders Entertainment Breakdown OC Air Show Set-up

7 Longboard Challenge OC Air Show Set-up Sand Duels Set-up

8 Longboard Challenge OC Air Show Sand Duels

9 Longboard Challenge OC Air Show Sand Duels PIS Karaoke

10 OC AIR SHOW Breakdown Dew Tour Set-up

11 PIS Karaoke & Volleyball Dew Tour Set-up OC AIR SHOW Breakdown

12 Dew Tour Set-up OC AIR SHOW Breakdown

13 Dew Tour Set-up

14 Sun Run Dew Tour Set-up Beach Raid Set-Up (pending)

15 Beach Raid (pending) Dew Tour Set-up

16 PIS Karaoke Dew Tour Set-up

17 Firemen’s Pipe & Drums Dew Tour Set-up

18 Firemen’s Pipe & Drums PIS Karaoke & Volleyball Dew Tour Set-up

19 Firemen’s Parade Dew Tour Set-up

20 Dew Tour

21 Dew Tour Beach 5 Set-up (pending)

22 Dew Tour Beach 5 Sand Soccer (pending)

23 Dew Tour Beach 5 Sand Soccer (pending)

24 Dew Tour Breakdown






30 July 1

July 2

July 3

July 4 FOURTH OF JULY

July 5

July 6

2013

June

Ocean City Private Events

Name of Event: Dew Tour Date Hold New Event: No

Date of Event: June 20-23, 2013

Date Application Received: June 4, 2012 Application Fee Paid: No

Date Routed: June 7, 2012

Date Returned from All Departments: Total Cost to Town: Not known at this time

Things to Note:

• This is a request to hold dates for the Dew Tour for 2013. The application for the Date Hold requested June 20-23 for the event; June 10-19 for the load-in; and June 23-29 for load out. The Date Hold request also specified the location of this event as the beach north of the pier up to North Division Street and partial use of the northeast corner of the Inlet Lot.

• Town staff then received an addendum, which asked to extend load in and begin on June 6; to extend load out to end by July 1; and to enlarge the event footprint for the cablecam towers.

Comments from Department Representatives:

• City departments had no concerns with the initial request. • City department representatives met to discuss the additional requests in the addendum. • City staff unanimously agrees that staff can accommodate the request for a larger footprint and the load out to extend

to July 1. • City staff cannot support the additional load in days and requests the load in stay to 10 days, beginning on June 10.

Date on Council Agenda: October 15, 2012 Date Applicant Notified of Meeting:

Event Approved of Denied:

Date Fees Received: Amount:

Date Insurance Certificate Received: Beach Franchise Notified:

Date Permit Issued:

Other:

150 Harvester Drive

BSuite 140

urr Ridge, IL 60527September 10, 2012

Ocean City Department of Rec & Parks Attn: Lisa Mitchell 00 125th St cean City, MD 21842

2O Dear Lisa: would like to request an amendment to our Private Event Date Hold Application that we

012, for the city departments’ and council’s consideration. Isubmitted to you on June 4, 2

he thr T

ee amendments are:

• Requested load‐in dates: begin June 6, 2013 12:01 AM Requested load‐out dates: ending July 1, 2013 11:59 PM •

• Event footprint: extend cablecam towers outside of our perimeter fencelines We understand that this amendment request must be approved, and that we also must file our permit application.

lease let me know if you need anything else. P

egards, R Aileen Koprowski Sokol

REQUEST FOR PRIVATE EVENT DATE HOLD Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE: For-Profit Promoters - $40.00

Non-Profit Organizations - $15.00

RETURN APPLICATION TO: Private Events Coordinator Town of Ocean City, Recreation & Parks 200 125th Street, Ocean City, Maryland 21842

This is a request for a date hold and is not an application for special event, nor a permit of use. No guarantee of availability or use is made or implied by the acceptance of the request and fee. The Mayor and City Council will only grant consideration of date holds to events that have been held previously in Ocean City. This application must be completed and forwarded to the Private Events Coordinator no sooner than two (2) years prior to the requested event for City Council consideration. An official Private Event Application must be completed and submitted within the designated one (1) year time frame for event approval to be granted. Any 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 governmental function. 1. Title of Previous Event in Ocean City:____________________________________________ Dew Tour

2. Year Previous Event was held:__________________________________________________ 2011, 2012

3. Title of upcoming event:_______________________________________________________ Dew Tour4. Requested date(s) of event:_____________________________________________________ June 20-23, 2013 – load in approx. June 10-19 and load out to end June 29

5. Requested times of event:______________________________________________________ Approx 10 am to 9 pm daily during event days

6. Hours of which permit is desired (include set-up and clean up): ________________________

______________________________________________________________________________ Estimated 18-24 hours per day, including load in and load out7. Location (Describe area in which event shall be contained; be specific as to how much

area will be used, etc.): __________________________________________________________

______________________________________________________________________________

On the beach, north of the pier up to North Division st. partial use of NE corner of the Inlet Lot

8. Applicant’s name and organization representing: ____________________________________

______________________________________________________________________________ Aileen Koprowski Sokol, c/o Alli and NBC Sports

9. Mailing Address: ____________________________________________________________ 500 Boston Post Rd., Milford, CT 06460

10. Work Phone: _______ Cell Phone: ________ Home Phone: ________ E-Mail: _________ 203-701-0851 203-722-0211 [email protected]

11. If organization is non-profit, list non-profit classification and identification number:_______

______________________________________________________________________________ N/A

APPLICANT’S SIGNATURE: ___Signature on File______ DATE___6/7/2012_____

Approved by Town Council March 21, 2011


6 – PRIVATE EVENT PERMIT REQUESTS

B. Let’s Walk on the Boards for St. Jude’s Children’s Hospital – 3-Year Approval: April 6, 2013; April 5, 2014; and April 4, 2015 Presented by: Lisa Mitchell, Private Events Coordinator

TOWN OF

The White Marlin Capital of the

WorldTOWN OF Agenda Item # 6B

October 15, 2012 Council Meeting

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Let’s Walk the Boards for St. Jude Children’s Hospital 3-year event approval

request DATE: October 10, 2012 ISSUE(S): Requesting their 3-year event be approved for Saturday, April 6,

2013, April 5, 2014 and April 4, 2015. SUMMARY: This is a longstanding event in Ocean City that has met certain

requirements (it has taken place in Ocean City for five (5) or more consecutive years, there are no changes to the event, coordinators are compliant with the normal application process, coordinators pay all appropriate fees, and continue to have a positive relationship with the Town of Ocean City).

FISCAL IMPACT: Non-specified RECOMMENDATION: To approve the event for the three years requested. ALTERNATIVES: Do not approve the event as requested.

Only approve the event for the one upcoming year. RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: Appropriate staff ATTACHMENT (S): April 2013 Calendar

April 2014 Calendar April 2015 Calendar Cover Sheet Application for 2013

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

PE – St. Jude’s Walk

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 PE – Komen - TENTATIVE

22 23 24 25 26 PE – MD Kite Expo

27 PE - OC ½ Marathon and 5K PE – Boardwalking for Pets PE – MD Kite Expo

28 PE – MD Kite Expo

29 30

2013

April

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

PE – St. Jude’s Walk

6 7 8 9 10 11 12

13 14 15 16 17 18 PE - Good Friday Crosswalk

19

20 PE - Easter Sunrise Service

21 22 23 24 25 PE - MD Int’l Kite Festival

26 PE - Boardwalkin’ for Pets PE - OC ½ Marathon PE - MD Int’l Kite Festival

27 PE - MD Int’l Kite Festival

28 29 30

2014

April

Sun Mon Tue Wed Thu Fri Sat 1 2 3 4

PE - St. Jude’s Walk - Tentative

5 6 7 8 9 10 11

12 13 14 15 16 17 18

19 20 21 22 23 24 25

26 27 28 29 30

2015

April

Ocean City Special Events – Private Events Name of Event: Let’s Walk the Boards for St. Jude’s New Event: No

Date of Event: April 6, 2013, April 5, 2014 and April 4, 2015

Date Application Received: May 1, 2012 Application Fee Paid: Yes/$25

Date Routed: May 1, 2012

Date Returned from All Departments: September 11, 2012 Total Cost to Town: No Foreseeable Costs

Things to Note:

• Judy Davis for the St. Jude Children’s Research Hospital is requesting a 3-year event approval for the Let’s Walk the Boards for St. Jude’s Children’s Hospital event. There have been no changes, additions or omissions requested for this event. This event will remain the same as previously held St. Jude’s Walks.

• This event is a walk-a-thon from the south end of the Boardwalk to the north end, where participants are provided light snacks before returning to the south end.

• The event would take place from 9:00 a.m. until 12:00 noon. • Set-up for this event would take place on the day of the event, at 8:30 a.m. • Breakdown of the event would take place directly after the event has ended. • All participants will earn a certificate. Those who raise $35 or more will receive a t-shirt. Those who raise $75 or

more will receive a sports bag along with a t-shirt. • The event coordinator requests parking passes for volunteers. • The event organizer requests that Boardwalk comfort stations be open during the event for participant use.

Comments from Department Representatives:

• PUBLIC WORKS – We will provide 10-parking passes for the volunteers of this event. • RISK MANAGEMENT – If schedule of repair/replacement of the Boardwalk is still ongoing at time of the event, the

event may need to leave the Boardwalk for a few blocks. Insurance Certificate must be provided prior to the event. • OCPD – Will notify shift. • REC & PARKS, EMERGENCY SERVICES, TRANSPORTATION, OCCC, FIRE MARSHAL, OCBP, and

TOURISM - No comments, concerns or costs.

Date on Council Agenda: October 15, 2012

Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________

Date Insurance Certificate Received: _____________________________

Beach Franchisee Notified: _____________________________

PRIVATE EVENT APPLICATION Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE: $35.00 For Profit Applicants, $15.00 Non-Profit Applicants

RETURN APPLICATION TO: Private Events Coordinator Town of Ocean City Recreation and Parks 200 125th Street Ocean City, MD 21842 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 should be completed and forwarded to the Ocean City Special Events Department at least 90 days prior to the requested event for City Council consideration. Any misrepresentation in this application or deviation from the final agreed upon route and/or method of operation described herein may result in the immediate revocation of the permit. Applicant’s attention is directed to the accompanying information packet, entitled “Private Event Application Guidelines.” All questions on the application must be fully answered. “Same as last year” or similar comments are not acceptable responses. If a question does not apply, please write “N/A” in that space. The application will be returned if the information is incomplete. Please type or print the information clearly. You may attach additional sheets as necessary.

A non-refundable application fee must accompany this document. $35.00 For-Profit Applicants and $15 Non-Profit Applicants

(If a Date Hold was approved for this event last year, please submit the remainder of balance.) The minimum fee for City property usage is $150 per day for For-Profit Applicants and $15.00 per day for Non-Profit applicants. Set-up and breakdown days are also subject to this fee assessment. 1. TITLE OF EVENT: ____________________________________________________ 10th Annual “Let’s Walk the Boards for St. Jude Children’s Hospital 2. IS THIS A NEW EVENT? ______________________________________________ no 3. DATE(S) OF EVENT: __________________________________________________ 3 year event approval – 4/6/13, 4/5/14, 4/4/15

4. STARTING & ENDING TIMES OF EVENT: _______________________________ 8:30 a.m. - noon 5. PROJECTED SET-UP DATE (S) & TIMES: ________________________________ _____________________________________________________________________ 8:30 a.m. day of event

Page 1 of 9

6. PROJECTED CLEAN-UP DATE (S) & TIMES: ______________________________ ______________________________________________________________________ Noon day of event 7. LOCATION (Describe area in which event shall be contained; be specific as to how much area will be used, etc.): _____________________________________________ _____________________________________________________________________ _____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________

Registration at South end of Boardwalk in from of tram station. Will walk to north end of Boardwalk and return to inlet.

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. APPLICANT’S NAME: ________________________________________________

Judy Davis.

9. ORGANIZATION REPRESENTING: _____________________________________ _____________________________________________________________________ _____________________________________________________________________

St. Jude Children’s Research Hospital

10. MAILING ADDRESS: _________________________________________________ _____________________________________________________________________

12919 Horn Island Dr., Ocean City, MD 21842

11. WORK PHONE #_____________________HOME PHONE #__________________ 347-603-5567 410-213-1956

FAX: _________________________ E:MAIL: _____________________________ 12. IF ORGANIZATION IS NONPROFIT, LIST NONPROFIT CLASSIFICATION AND IDENTIFICATION NUMBER: ____________________________________ _____________________________________________________________________ Amer. Leban. Syrian Assoc. Chir. Inc.

_____________________________________________________________________ 13. ON-SITE EVENT COORDINATOR: ______________________________________ Judy Davis

14. OCEAN CITY/LOCAL ADDRESS OF COORDINATOR: ____________________ _____________________________________________________________________ _____________________________________________________________________

12919 Horn Island Dr., Ocean City, MD 21842

15. COORDINATOR’S CONTACT NUMBERS: HOME: ___________________________WORK: ________________________ 410-213-1956 FAX:_____________________________CELL: __________________________ E-MAIL ADDRESS: ________________________________________________ OTHER: __________________________________________________________

[email protected]

347-603-5567

Page 2 of 9

16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: ________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

Walkathon from southend Boardwalk to northend L ight snack featured – participants return to south end, or as far as they can walk A ll participants earn a certificate. $35 raised gets a tshirt $75 raised gets a book bag and tshirt

_____________________________________________________________________ _____________________________________________________________________

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

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

17. WHERE WILL EVENT HEADQUARTERS BE LOCATED? _________________ ____________________________________________________________________ ____________________________________________________________________

N/A

18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE SUCH ACCESS? ______IF SO, WHERE? ________________________ ____________________________________________________________________

N/A

____________________________________________________________________ ____________________________________________________________________

19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES, EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT. (Include location, process, etc.): _______________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

N/A

____________________________________________________________________

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

SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED DIAGRAM AND DESCRIBE HERE: _____________________________________

____________________________________________________________________ ____________________________________________________________________

N/A

____________________________________________________________________ ____________________________________________________________________

21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO EMPLOY: ___________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

N/A

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22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR CONSIDERATIONS (Be aware that additional charges may be assessed.): ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

None Will advise participants to park in the Inlet Lot Request parking permits if parking rates are in effect at Inlet

____________________________________________________________________ 23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE? _____ IF SO, WHAT TYPE? _________________________________________________ ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

none

24. WHAT IS YOUR RAIN POLICY? _______________________________________ ____________________________________________________________________ ____________________________________________________________________

Rain or shine

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

None – can use Boardwalk cans

26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT “COMFORT” (TOILETS, HAND WASHING, ETC.)? ___________________________________ ___________________________________________________________________ ____________________________________________________________________

Request comfort stations be open.

____________________________________________________________________ ____________________________________________________________________

27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: ___________________ ____________________________________________________________________ ____________________________________________________________________

none

____________________________________________________________________ ____________________________________________________________________ 28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES & QUANTITIES): ______________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

N/A

____________________________________________________________________

____________________________________________________________________

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29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES,

CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? _____________ IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________ ____________________________________________________________________

St. Jude’s Children’s Hospital

30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Sponsors who raise $35 tshirt Sponsors who raise $75 book bag and tshirt Sponsors who raise $150 fleece blanket, bookbag and tshirt

31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _________________ Please forward a copy of the approved “One Day Alcohol Permit,” to the Private Events

no

Coordinator. 32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________ Please forward a copy of the approved “Tent Permit,” to the Private Events Coordinator.

no

33. WILL YOU BE HAVING AIR SUPPORT/AIR-INFLATED STRUCTURES AT YOUR EVENT? _________________ Please forward a copy of the approved “Air Support/Air-Inflated Structures Permit,” to the

no

Private Events Coordinator. 34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________ Please forward a copy of the approved “Bonfire Permit,” to the Private Events Coordinator.

no

35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________ Please forward a copy of the approved “Fireworks Permit,” to the Private Events Coordinator.

no

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES AT YOUR EVENT? ___________IF SO, PLEASE DESCRIBE INTENT (include no beverage type, quantities, drink sizes, location, etc.):__________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________ Please forward a copy of the approved “One Day Alcohol Permit,” if required, to the Private

Events Coordinator. 37. EXPECTED NUMBER OF PARTICIPANTS: ______________________________ 50-100 38. EXPECTED NUMBER OF SPECTATORS: ________________________________ 0

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39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE APPROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT. HAVE YOU DONE SO? _____________WHO DID YOU CONTACT? _________

____________________________________________________________________ N/A

40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM TOWN PERSONNEL (Be aware that additional charges may be assessed and applicants must take full responsibility for the protection and security of borrowed/ rented city property): __________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

none

____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________ 41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY OBTAINED THIS PERMIT? ___________IF SO, PLEASE ATTACHED A COPY N/A TO THE BACK OF THIS APPLICATION. If you have not yet obtained this permit, please forward a copy of the approved “Highway Permit,” to the Private Events Coordinator once you receive it. 42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES (LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING THE PARADE ROUTE: _______________DESCRIBE: __________

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

N/A

43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE (5) YEARS: __________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ This will be the 10th year in OC

____________________________________________________________________ ____________________________________________________________________

44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT: ________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Promotion by CAT Country Radio Small food contributions from Dunkin Donuts, Food Lion and Super Fresh

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45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS APPLICATION: _________________________________________________ ____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

Thank you for your continued support of St. Jude’s Children’s Research Hospital!

____________________________________________________________________ ____________________________________________________________________

.

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 46. PLEASE ATTACH A DETAILED DIAGRAM OF EVENT LAYOUT. MAKE SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM, STAGE, CONCESSIONS, COURTS, BANDS, ETC. IS DIAGRAM INCLUDED WITH APPLICATION? YES________NO_______ XX An event layout MUST be included for an event to be considered. INSURANCE REQUIREMENT: For the protection of the public and the Mayor and City Council, the applicant must obtain, at the applicant’s own expense, occurrence form comprehensive general liability insurance coverage, which insurance coverage shall include coverage for personal injury which said insurance coverall shall be at least in the amount of one million dollars ($1,000,000) single limit. Said insurance coverage shall name the Mayor and City Council as additional insureds, with the address on the certificate listed as 301 Baltimore Avenue, Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the addition of the Mayor and City Council as additional insured, is also to be provided. The certificate of insurance evidencing such coverage and the addendum shall be furnished to the Special Events Coordinator, Private Events on behalf of the Mayor and City Council by the applicant and be approved by the Town’s Risk Manager before applicant engages in the activity. INSURANCE CERTIFICATE AND ADDENDUM: ____________INCLUDED WITH APPLICATION

XX TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EVENT

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PEPSI COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE: The applicant must comply with all provisions of the Town’s agreement with the Pepsi Cola Company of Salisbury 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 Pepsi Cola beverages on Town premises for the duration of the permitted use. The applicant is expressly prohibited from using the beverages of other suppliers, said beverages to include soft drinks, juices, sport drinks and bottled waters. The permitted beverages include Pepsi, Diet Pepsi, Sierra Mist, Dr. Pepper, Mountain Dew, Lipton Brisk, Mug Root Beer, Slice, Hawaiian Punch, Gatorade, Dole, Sobe, Aquafina and other products which Pepsi Cola may provide. I have read this disclosure and agree that I will comply with its provisions. APPLICANT’S SIGNATURE____________________________DATE______________ Signature on File 5/16/10

LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE The applicant agrees to comply with the provisions of all applicable ordinances of the Town of Ocean City. Specifically all permitted uses on or within 75 feet of the Boardwalk are required to comply with the provisions of chapter 62 of the Code which expressly prohibits the public sale, rental or exchange for a donation of any goods, wares, merchandise, foodstuffs, refreshments or other commodities or services. I have read this disclosure and will comply with all provisions of the local ordinances including Chapter 62 of the Town Code. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 5/16/10

HOLD HARMLESS CLAUSE: Permitted (organization/applicant) shall assume all risks incident to or in connection with the permitted activity and shall be solely responsible for damage or injury, of whatever kind or nature, to person or property, directly or indirectly arising out of or in connection with the permitted activity or the conduct of Permitted’s operation. Permitted hereby expressly agrees to defend and save the Town of Ocean City, its officers, agents, employees and representatives harmless from any penalties for violation of any law, ordinance, or regulation affecting its activity and from any and all claims, suits, losses, damages, or injuries directly or indirectly arising out of or in connection with the permitted activity or conduct of its operation or resulting from the negligence or intentional acts or omissions of Permitted or its officers, agent and employees. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 5/16/10

Page 8 of 9

MANDATED CHANGES/CANCELLATION Applicant understands that any event or event date can be changed or canceled at the direction of the Mayor and City Council if the approved event interferes with Public Works project(s) or any other necessary governmental function. Such action may be directed at any time. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 5/16/10 PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT The applicant for a private event permit 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 permit granted by the Town and agrees to pay all fees and costs assigned to the permit. The applicant further agrees to comply with all conditions of the use permit which may be required by the Mayor and City Council of the Town. I have read and will copy with all special event application requirements. APPLICANT’S SIGNATURE___________________________DATE_______________ Signature on File 5/16/10

Page 9 of 9


9 – NEW BUSINESS

A. "Holiday Gifts for Our Soldiers” Campaign Presented by: Anna Foultz, Chair, Star Charities

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: “Holiday Gifts for Our Soldiers” Campaign DATE: October 10, 2012 ISSUE(S): 9th Annual “Holiday Gifts for Our Soldiers” Campaign SUMMARY: Anna Foultz, Chair of Star Charities, is requesting the Mayor and

Council’s support for the annual “Holiday Gifts for Our Soldiers” campaign. Donations are collected during the entire month of November for soldiers’ serving our country oversees.

FISCAL IMPACT: None RECOMMENDATION: None ALTERNATIVES: None RESPONSIBLE STAFF:

None

COORDINATED WITH: None ATTACHMENT(S): 1) Press release prepared by Anna Foultz

2) Letter of appreciation from the Department of Defense

Agenda Item # 9A

Council Meeting 10/15/12

October 9, 2012

IMMEDIATE PRESS RELEASE

Once again, starting on November 1st, “All Volunteers in Action” will be collecting

“Holiday Gifts for our Soldiers” serving our country overseas.

This holiday activity was started 9 years ago Carl Foultz who served in China,

Burma, and India during World War II. He remembered how much the small

comforts of home were not available and wanted to help. Personal products not

received from home were very difficult to get. In November 2003, Carl organized

“Holiday Gifts for our Soldiers”, by placing donation containers around our area.

This year, containers marked to receive donated items will be placed at the

Libraries in Ocean Pines, Ocean City, and Berlin. Containers will also be placed at

the Ocean Pines Community Center, American Legion Post 166 in Ocean City,

American Legion Post 123 in Berlin, and VFW Post 8296 in Ocean City.

Some suggested items are powdered drinks like crystal light, tea, coffee and

Gatorade; chewing gum, canned fruits and nuts, slim jims, and beef jerky;

sunglasses, suntan lotion, board games, playing cards, and small paperback

books; also daily toiletries for men and women, including dark hand towels,

washcloths and foot powder. PLEASE, no liquids or perishable items such as

cookies.

This ongoing successful program lets our heroes who serve our country receive

something from home and know that we support them. All donations are

appreciated. Make checks payable to “Holiday Gifts for our Soldiers” and mail to

Anna Foultz, 127 High Sheriff Trail, Ocean Pines, MD 21811. The containers will be

collected on November 30th. The distribution of donated items will be

coordinated by Michael Clancy, Programs Director for the Maryland National

Guard. For more information please call 410‐641‐7667 or 410‐208‐9514.

Thank you very much,

Anna Foultz


9 – NEW BUSINESS

B. Approval of Candidates for November 6, 2012 Municipal Election Presented by: Kelly Allmond, City Clerk

02516

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kelly L. Allmond, City Clerk RE: 2012 Candidate List DATE: October 10, 2012 ISSUE(S): Approval of the 2012 Municipal Election Candidate List SUMMARY: According to the provisions of the City Code, Chapter C-407, the

Council shall judge and certify the qualifications of applicants for the municipal election. I have included the pertinent sections of the code for your review (Attachment #3). The Candidates are listed on the attached sample ballot (Attachment #1); the layout of which was approved by City Solicitor Ayres on October 9, 2012. All candidates have signed the affidavit certifying their residency and qualifications (see Attachment #2). Each candidate appears as a voter on the current voter list provided by the Worcester County Board of Elections. All candidates are aware that they must submit their Declaration of Financial Interest document by October 30, 2012.

FISCAL IMPACT: N/A RECOMMENDATION: Approve the 2012 Municipal Election Candidate List ALTERNATIVES: Reject one or all of the candidates listed. RESPONSIBLE STAFF:

Kelly L. Allmond, City Clerk

COORDINATED WITH: City Solicitor Guy Ayres ATTACHMENT(S): 1) Sample Ballot

2) Statement of Candidacy 3) Chapter C-401, C-403 and C-407 of the Town Charter

Agenda Item # 9B Council Meeting October 15,

2012

KAllmond

Typewritten Text

QUESTION

THE PROPOSED AMENDMENTS AUTHORIZES THE COUNCIL TO ENGAGE INCOLLECTIVE BARGAINING WITH ALL TOWN DEPARTMENTS, IN ADDITIONTO THOSE DEPARTMENTS CURRENTLY LISTED, AND WOULD ELIMINATE THEPROHIBITIONS AND PENALTIES FOR ENGAGING IN COLLECTIVEBARGAINING. NEW MATTER TO BE ADDED TO THE CHARTER IS PRINTED INALL CAPITAL LETTERS AND IS UNDERSCORED. CURRENT MATTER TO BE DELETED IS ENCLOSED BY BOLD FACED DOUBLE PARENTHESES. To amend Article X, Section C‐1003 of the town charter – Merit system authorized: right of certain employees to organize and bargain collectively,paragraph C, to include all Town Departments. C. The Council shall have the authority to recognize and engage in collective bargaining with one or moredesigned bargaining representatives of certain employees of the emergencymedical services division of the Ocean City Department of Emergency Services, ((and)) the Ocean City Fire Marshal’s Department, AND ALL OTHER TOWN DEPARTMENTS, and shall have the authority to enter into a binding collective bargaining agreement with said representatives, and shall furtherhave the authority to enact by ordinance or amendment, a system of rulesand regulations to govern this process, provided that the Council shall nothave the authority to participate in binding interest arbitration with respectto these employees. “Binding interest arbitration” shall be defined herein as the process through which parties negotiating a collective bargainingagreement reach impasse on one or more terms, and call upon a third partyto resolve the impasse and set a term of the collective bargaining agreement to which the parties are bound. Binding interest arbitration includes the impasse panel process described in § C‐1003.B. ADDITIONALLY, TO AMEND ARTICLE X, SECTION § C1005 OF THE TOWN CHARTER BY DELETION OF PARAGRAPH B ‐ PROHIBITIONS AND PENALTIES. ((B. No union, association, club, etc., or other collective bargainingorganization shall be recognized as a bargaining agent or representative ofany city employee, group of city employees or all of the city employees. No dues check off or other withholding of a portion of an employee’s salary shall be permitted except to the extent same is mandatorily required by federal orstate tax or social security provisions or other federal or state laws andexcept to the extent that a program of employee benefits sponsored by the city may allow voluntary withholdings. The provisions of this subsection arenot applicable to employees of the Ocean City Police Department, theEmergency Medical Services Division of the Ocean City Department ofEmergency Services, and the Ocean City Fire Marshal’s Department, asdetermined by the Council.))

FOR THE CHARTER AMENDMENT AGAINST THE CHARTER AMENDMENT

TOWN OF OCEAN CITY, MARYLAND MUNICIPAL ELECTION, November 6, 2012 S A M P L E B A L L O T

MAYOR CHOOSE ONE (1)

NICK CAMPAGNOLI

RICK MEEHAN

COUNCIL CHOOSE UP TO FOUR (4)

JOHN FRANKLIN ADKINS

BOB BAKER

DOUGLAS S. CYMEK

DENNIS W. DARE

JIM HALL

JOSEPH T. HALL, II

MARY KNIGHT

JOE MITRECIC

SEAN ROX

PHILLIP E. SAYAN

KAllmond

Typewritten Text

ATTACHMENT 1

CERTIFICATE OF CANDIDACY AND AFFIDAVIT STATE OF MARYLAND COUNTY OF WORCESTER, TO WIT:

I, ________________________________________, being first duly sworn, depose and certify as follows:

1. That I am a candidate for the office of ___________________________of the Town of Ocean City, Maryland, at the election to be held on the 16th day of October 2012. 6th day of November, 2012 [Effective July 2, 2012 per Charter Resolution 2012‐1]

2. That I am at least 18 years of age and a citizen of the United States.

3. That I am domiciled and will have been at the time of the aforesaid election, domiciled in (having my principal home therein) the Town of Ocean City, Maryland, for the preceding four (4) months and that I have read and understand the definition of domicile, and further affirm that I am so domiciled in Ocean City and have so been for at least the requisite time interval.

DOMICILE: acquiring a domicile entails the happening of two concurrent conditions: (1) the act of changing residence; and, (2) the intent to reside either permanently or indefinitely at the new residence…there must be a present intention to abandon permanently or indefinitely the former domicile…temporary absence from one’s residence without the intent to abandon completely the former domicile will not create a new domicile…a man has only one domicile.

4. That I have read and understand the definition of domicile, and further affirm that I am so domiciled in Ocean City and have so been for at least four (4) months next preceding the election.

5. That I am a registered voter of said town.

6. That I have never been convicted by a State Circuit Court or United States District Court of a common law felony nor have I ever been convicted of any of the following offenses or wrongful acts:

(1) Embezzlement by a public officer; (2) Bribery in connection with the performance of a duty by a public officer or servant; (3) Extortion in connection with the performance of a duty bay a public officer or servant, including myself; (4) Subordination of perjury; (5) Perjury; or, (6) Treason

(Note: Felonies include: murder, rape, assault, mayhem, robbery, sodomy, larceny, arson, manslaughter and battery.)

Signature of Candidate (affiant)

Address of Candidate (affiant)

City, State and Zip Code ______________________________________________ Phone Number & email address

Subscribed and sworn to before me this ____day of ____________, 20____

Notary Public’s Signature My Commission Expires:

KAllmond

Typewritten Text

ATTACHMENT 2

A.B.

C.

(1)(2)(3)(4)(5)(6)

A.

(1)(2)(3)(4)

B.

§ C-401. - Qualifications for election as Mayor or City Councilman. (173)

Any person to qualify as a candidate for election as Mayor of Ocean City or as a City Councilman of Ocean City must be:

Qualified as a voter in town elections in accordance with the provisions of § C-403 hereof.One who, for four (4) months next preceding the election, has been and is, at the time of the election, a resident of and domiciled in the corporate limits of the Town of Ocean City, Maryland. Must not have been convicted by a State Circuit Court or a United States District Court of a common law felony or of any of the following offenses or wrongful acts:

Embezzlement by a public officer.Bribery in connection with the performance of a duty by a public officer or servant, including himself.Extortion in connection with the performance of a duty by a public officer or servant, including himself.Subornation of perjury.Perjury.Treason.

For the purposes of this Subsection C, conviction shall mean a final determination. If an appeal is not filed within the time allowed or the appeal process is exhausted, then the conviction shall be considered final.

(Res. No. 1974-2, 5-20-1974; Res. No. 1976-1, 1-5-1976; Res. No. 1976-2, 1-5-1976)

§ C-403. - Qualifications of voters. (175)

The qualifications of voters in Town elections of Ocean City shall be as follows: A voter, whether a man or a woman, must be:

A citizen of the United States.At least eighteen (18) years of age.Registered in accordance with the provisions of this Charter.One who, for thirty (30) days next preceding the election, has been and is, at the time of the election domiciled within the corporate limits of the Town of Ocean City.

The governing body of the municipality is hereby declared to be a Mayor and seven (7) Council Members. The Mayor shall be elected to serve a term of two (2) years or until his successor is elected, qualified and takes office. Council members shall be elected for a term of four (4) years or until their successors are elected, qualified and take office. The Mayor and Council members shall be elected at large.

(Res. of 2-7-1972; Res. No. 1974-3, 5-20-1974; Res. No. 1976-3, 1-5-1976; Res. No. 1976-5, 1-5-1976; Res. No. 1976-49, 7-27-1976; Res. No. 1976-50, 7-27-1976; Res. No. 1976-51, 7-27-1976; Res. No. 1982-4, 4-5-1982)

Editor's note—

Former subsection C, which immediately followed subsection B of this section, was repealed January 5, 1976, by Res. No. 1976-6. Former subsection D, as amended February 21, 1972, by resolution, was repealed January 5, 1976, by Res. No. 1976-7.

§ C-407. - Council to be judge of qualification for candidates for Mayor or Council. (176D)

The Council or a quorum of the whole number elected to the Council shall be the judges of the election and the qualifications of applicants for the office of Mayor or City Councilman.

All regular Municipal elections under the provisions of this Charter shall be held on the third Tuesday in October in every even-numbered year at hours to be prescribed by the Board of Elections Supervisors.

(Res. of 2-21-1972; Res. No. 1982-5, 4-5-1982)

Page 1 of 1Municode

9/22/2010http://library.municode.com/print.aspx?clientID=12833&HTMRequest...

KAllmond

Typewritten Text

first Tuesday in November

KAllmond

Typewritten Text

KAllmond

Typewritten Text

KAllmond

Cross-Out

third Tuesday in October

KAllmond

Typewritten Text

ATTACHMENT 3


12 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

A. Second Reading – Ordinance 2012-29 to Amend Benefits

Paid or Provided to Certain Municipal Employees (to change the health savings account contribution amount for employees participating in the high deductible health plan)

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Wayne Evans, Human Resource Director RE: Ordinance Second Reading – High Deductible Health Plan/HSA Contribution DATE: October 10, 2012 ISSUE(S): Consideration to increase the contribution amount to employees’

Health Savings Account (HSA). SUMMARY: To increase the contribution level to the Health Savings Account

for employees who participate in the High Deductible Health Plan. Legislative changes for 2013 raised the levels from $1,200 to $1,250 for single participants and from $2,400 to $2,500 for family participants.

FISCAL IMPACT: $1,250 annually based on current participation level RECOMMENDATION: Accept the recommended change effective January 1, 2013. ALTERNATIVES: Leave the levels of $1,200/$2,400 as stated in Ordinance

2011-16 dated May 10, 2011. RESPONSIBLE STAFF:

Wayne Evans, Human Resources Director

COORDINATED WITH: Kay Moran, Bolton Partners, Inc. ATTACHMENT(S): Ordinance

Agenda Item # 12A

Council Meeting October 15, 2012


12 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

B. Second Reading – Ordinance 2012-30 to Authorize

the Purchase of Real Property Known as 718 Kelly Road (to acquire real property for the expansion of a wastewater pumping station)

25166

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Hal O. Adkins, Public Works Director RE: Kelly Road Land Acquisition

Sewage Pumping Station Replacement DATE: October 11, 2012

ISSUE(S): Land Acquisition: 718 Kelly Road SUMMARY: Kelly Road Land Acquisition for Sewage Pumping Station

Replacement FISCAL IMPACT: $225,000.00 Contract of Sale – Wastewater Bond Funds RECOMMENDATION: Passage of Required Ordinance as follows:

1st Reading: October 1, 2012 2nd Reading: October 15, 2012

ALTERNATIVES: None RESPONSIBLE STAFF:

Hal O. Adkins, Public Works Director James D. Parsons, Chief Deputy Director of Public Works

COORDINATED WITH: Guy Ayres, City Solicitor

Charles Felin, Wastewater Superintendent ATTACHMENT(S): Ordinance

Agenda Item # 12B

Council Meeting 10/15/2012



A. Upcoming Bid Opening for Wastewater Clarigester

Project and Caroline Street Station

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Acceptance of Sealed Bids for the Wastewater Treatment Plant – Clarigester &

Primary Sludge Pumping Station Upgrades DATE: October 10, 2012 ISSUE(S): Acceptance of Sealed Bids for the Wastewater Treatment Plant –

Clarigester & Primary Sludge Pumping Station Upgrades. SUMMARY: Request permission from the Mayor & City Council to receive and

open Bids during the November 13th, 2012 regularly scheduled Work Session. The Bid represents the cost to update the Wastewater Treatment Plant – Clarigester & Primary Sludge Pumping Stations.

FISCAL IMPACT: Funding for this project was included in the recent Municipal

Purpose Bond procurement. RECOMMENDATION: Receive and open sealed bids at the Mayor & City Council Work

Session on November 13th, 2012 for this project. ALTERNATIVES: None. RESPONSIBLE STAFF:

Dean Dashiell – Senior Project Manager

COORDINATED WITH: Hal Adkins – Director of Public Works Jim Parsons – Deputy Director of Public Works Charles Felin – Superintendent of Wastewater Department

ATTACHMENT(S): None.

Agenda Item # 13ACouncil Meeting 10-15-12

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TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE RE: Upcoming Bid DATE: September 26, 2012 ISSUE(S): Upcoming bid opening for Caroline Street Station SUMMARY: Staff would like Council to open bids for the Construction of the

new Caroline Street Comfort Station and Stage Facility at the October 30, 2012 work session.

FISCAL IMPACT: $1,000,000 included in bond issuance RECOMMENDATION: Accept bids on October 30 ALTERNATIVES: None RESPONSIBLE STAFF:

Terrance McGean, City Engineer

COORDINATED WITH: ATTACHMENT(S): None

Agenda Item # 13A

Council Meeting Oct 15, 2012



B. Bid Award Recommendation for Chemicals

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Joe Sobczak, General Services Director RE: Chemical Bid Award DATE: October 10, 2012 ISSUE(S): Annual Bid Award for Chemicals for the Water and Wastewater

Departments SUMMARY: After staff review the recommendation to award is attached FISCAL IMPACT: Purchase chemicals at lowest price meeting specifications under

budget guidelines on an as needed basis RECOMMENDATION: To proceed with sealed bid awards ALTERNATIVES: Buy without awarding sealed bids RESPONSIBLE STAFF:

Joe Sobczak, General Services Director

COORDINATED WITH: Bud Iman, Superintendent of Water Randy Bradford, Wastewater Asst. Superintendent Sylvester Dale, Water Asst. Superintendent

ATTACHMENT(S): Recommendation to Award memo from Joe Sobczak, General

Services Director Memo from Randy Bradford, Wastewater Asst. Superintendent Bid Spreadsheet

Agenda Item # 13B

Council Meeting 10-15-12

MEMORANDUM

DATE: October 10, 2012 TO: David L. Recor, ICMA-CM, City Manager FROM: Joe Sobczak, General Services Director SUBJECT: Chemical Bids – Water/Wastewater Departments I have reviewed the chemical bids that were acknowledged at the October 9th Work Session. The low bidder for all chemicals does meet the bid specifications with the exception of the Lime for Wastewater.The low bidder Carmeuse was the low bidder last year and there was a quality control problem that resulted in premature filter replacement. It is the recommendation of Randy Bradford, Asst. Superintendent of Wastewater and myself to award the bid to the second lowest bidder, Greer Industries.

Water Department A. Univar, Middletown, PA

• Liquid Caustic Soda 50% @ $.2994/dry lb B. Marubeni Chemicals, Tampa, FL

• Potassium Permanganate @ $2.05/lb C. Univar, USA, Middletown, PA

• Chlorine (1 Ton Cylinder) @ $20.40/cwt D. JCI Jones, Milford, VA

• Chlorine (150 Lb Cylinder) @ $34.66/cwt E. Polydyne, Riceboro, GA

• Clarifloc N-3300P (55 lb. Bag) @ $87.50/bag F. Polydyne, Riceboro, GA

• Clarifloc A-3320 (55 lb. Bag) @ $77.50/bag

Wastewater Department A. Univar USA, Middletown, PA

• Chlorine (1 Ton Container) @ $20.40/cwt B. George S. Coyne Chemical, Croydon, PA

• HTH (100 Lb Pail) @ $128.80 C. Univar, USA, Middletown, PA

• Sulfur Dioxide (Tons) @ $37.05/cwt D. Greer Industries, Morgantown, WV

• Lime (Tons) @ $182.10/ton E. Intercoastal Trading, Secretary, MD

• Liquid Caustic Soda 50% @ $4.08/gallon F. Intercoastal Trading, Secretary, MD

• Sodium Hypochlorite 15% @ $1.36/gallon G. George Coyne, Croydon, PA

• Sulfuric Acid 66BE @ $4.11/gallon H. George Coyne, Croydon, PA

• Polymer -Chemtreat P838-E @ $1.389/gallon (275 gallon drum)

These will be bought within the respective department’s annual chemical budgets. The prices were bid on approximate amounts for bidding purposes only. Thank you.

JS/ws

INTERDEPARTMENTAL MEMO

TO: Joe Sobczak, General Services Director

FROM: Randy Bradford, Wastewater Asst. Superintendent

SUBJECT: Wastewater Chemical Bid Awards 10 Oct 2012

After review of the chemical bids relative to the Wastewater Department, my

recommendation would be to accept all of the low bids with the exception of the lime bid. We feel that due to inconsistent quality of Carmeuse’s lime product, our operation suffered detrimental effects and increased costs of operation. We would like to exclude Carmeuse and accept the second low bid from Greer Industries.

FY'2013 CHEMICAL BIDS

WATER DEPARTMENT VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR

PRODUCT AIC Brenntag Carmeuse Chemrite ChemTreat George Coyne Graymont Greer Intercoastal JCI Jones Kuehne. Marubeni Neo Polydyne Univar

Liquid Caustic Soda 50% No Bid .318/lb No Bid No Bid No Bid No Bid No Bid No Bid .3296/dry lb No Bid .45/dry lb No Bid No Bid No Bid .2994/dry lb

Potassm.Permanganate 2.07/lb 3.15 No Bid 2.17/lb No Bid 2.117/lb c No Bid No Bid 4.04/lb No Bid No Bid 2.05/lb No Bid No Bid 2.98/lb

Chlorine (1 Ton Cylinder) No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 55.00/cwt No Bid 32.50/cwt No Bid No Bid No Bid 20.40/cwt

Chlorine (150 lb Cylinder) No Bid No Bid No Bid No Bid No Bid 84.99/cwt d No Bid No Bid 88.00/cwt 34.66/cwt No Bid No Bid No Bid No Bid 39.40/cwt

Polymer (Potable Water) Clarifloc N-33 No Bid No Bid No Bid No Bid No Bid not to specs No Bid No Bid No Bid No Bid No Bid No Bid No Bid 87.50/50 lb No Bid

Clarifloc( R) A-3320 (50 lb. Bag) No Bid No Bid No Bid No Bid No Bid not to specs No Bid No Bid No Bid No Bid No Bid No Bid No Bid 77.50/50 lb No Bid

WASTE WATER DEPARTMENT

PRODUCT AIC Brenntag Carmeuse Chemrite ChemTreat George Coyne Graymont. Greer Intercoastal JCI Jones Kuehne Marubeni Neo Polydyne Univar

Chlorine (1 Ton Container) No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 55.00/cwt No Bid 32.50/cwt No Bid No Bid No Bid 20.40/cwt

HTH (100 Lb. Pail) No Bid No Bid No Bid No Bid No Bid 128.80/pail e No Bid No Bid 173.00/pail No Bid No Bid No Bid No Bid No Bid 177/pail

Sulfur Dioxide (Tons) No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 84.50/cwt No Bid No Bid No Bid No Bid No Bid 37.05/cwt

Lime (Tons) No Bid No Bid 174.37/ton a No Bid No Bid No Bid 208.40 h 182.10 No Bid No Bid No Bid No Bid No Bid No Bid No Bid

Liquid Caustic Soda 50% No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 4.08/gal No Bid No Bid No Bid No Bid No Bid 4.47/gal

Sodium Hypochlorite 15% No Bid No Bid No Bid No Bid No Bid 2.29/gal f No Bid No Bid 1.36/gal No Bid No Bid No Bid No Bid No Bid No Bid

Sulfuric Acid 66BE No Bid No Bid No Bid No Bid No Bid 4.11/gal g No Bid No Bid 5.42/gal No Bid No Bid No Bid No Bid No Bid No Bid

Polymer-Chemtreat P838E (275 gal to No Bid No Bid No Bid No Bid 2.46 b 1.389 I No Bid No Bid No Bid No Bid No Bid No Bid 1.40 No Bid No Bid

a. based on 24 ton minimum load

b. service program is included in cost

c. min. 8 drums/delivery

d. min. 21 cyls delivery

e. min 10 pails/delivery

f. min 1000 gals delivery

g. min 400 gal delivery

h. 22 ton min no Sunday/Holiday delivery

I. min 2 totes


13 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER

C. Request Approval to Proceed with 2012 Beach Equipment

Auction of North End Parcels

02516

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kelly L. Allmond, City Clerk RE: 2012 Beach Equipment Auction DATE: October 3, 2012 ISSUE(S): City Clerk needs the Council’s approval to proceed with the 2012

Beach Equipment Auction for North end Parcels SUMMARY: The Town franchises 70 Beach Equipment Parcels spanning

the entire Ocean City Beach. The 70 parcels are divided into three sections: south end, mid beach and north end. Every year, on a revolving schedule, one of the three sections are auctioned. This year, the north end (85th – the Maryland/Delaware line) are scheduled. The highest qualified bidder of each parcel receives a three-year contract to rent umbrellas, chairs and cabanas on the beach. Each contract provides one option to renew at an annual fee of 10% greater than the initial term. In this year’s auction 14 of the 18 north end parcels are up for bid. Four parcels are exempt because the Franchisee is in their first 3-year term and, pursuant to the provisions contract, exercised their right to renew for a second three-year term. Pending Council’s approval, auction details will be advertised our legal publication and on the Town’s website for three weeks starting November 8, 2012. Bid packets will be available to the public on November 8, 2012 as well.

FISCAL IMPACT: To be determined RECOMMENDATION: Authorize the City Clerk to advertise for, and conduct, a live

auction on Wednesday, December 5, 2012 at 9:00 am in the Council Chambers of City Hall for the north end parcels.

ALTERNATIVES: Take no action RESPONSIBLE STAFF:

Kelly L. Allmond, City Clerk

COORDINATED WITH: Finance Department Beach Mediation Board (presiding) Pete Richardson & Associates

ATTACHMENT(S): 1) List of North end Parcels

2) Section 39-23 of the Town Code 3) Sample Contract

Agenda Item # 13C

Council Meeting October 15, 2012

2012 Master Beach Equipment List

Parcel Status

85th,86th and 87th Streets Scheduled for December 2012 Auction

88th,89th,90th Streets and 91st Street end Scheduled for December 2012 Auction

92nd,93rd Streets and 9400 Condo Scheduled for December 2012 Auction

Flying Cloud, Pyramid and Plaza Condos Operator opted for 2nd Term @ 10% Increase

Century I, English Tower and Marigot Beach Condos Scheduled for December 2012 Auction

Atlantis,Quay and Golden Sands Condos Scheduled for December 2012 Auction

Capri,Irene and Rainbow Condos Scheduled for December 2012 Auction

High Point South, High Point North and Seawatch

CondosOperator opted for 2nd Term @ 10% Increase

Fountainhead,Carousel and 118th Street Scheduled for December 2012 Auction

119th,120th and 121st Streets Scheduled for December 2012 Auction

122nd,123rd and 124th Streets Operator opted for 2nd Term @ 10% Increase



131st,132nd and 133rd Streets Operator opted for 2nd Term @ 10% Increase

134th,135th and 136th StreetsOperator declined 2nd Term option

Scheduled for December 2012 Auction


140th,141st,142nd Streets Scheduled for December 2012 Auction

143rd,144th,145th and 146th Streets to MD/DE Line Scheduled for December 2012 Auction

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Sec. 39-23. - Franchise system.

There is established and created the beach equipment renal franchise system of Ocean City. Such system is established as follows:

Division of public beach into parcels. For the purpose of this division, the area within the corporate limits herein defined as "public beach" is hereby parceled and subdivided into various parcels, as hereinafter set forth, and each parcel shall be a separate franchise area. Parcel regulations. Ocean City shall and does hereby restrict the rental of beach equipment within each such parcel to the operator who holds the franchise for the parcel. No other person shall rent beach equipment within the parcel except the operator or his employees, nor shall any private renter, as defined in this article, or his employees, carry on or emplace any beach equipment in such area. These restrictions do not prohibit a patron from renting beach equipment from one parcel's franchisee and placing said equipment upon another parcel. Bidding and payment of fees.

Franchises shall be obtained by a process and procedure of public bidding. The respective operator or potential operator will obtain his franchise by submitting, pursuant to the advertisement as hereinafter described, a sealed bid, on forms provided by the City Clerk, which shall identify the parcels being bid. In lieu of the sealed bid process, the Mayor and City Council may conduct a public auction of the franchises in such manner and upon such terms and conditions as it may determine. Corporations are prohibited from bidding. The bidder must be a natural person.Each sealed bid shall be presented in the form and the successful bidder at a public action shall present the form, as follows:

$____________ per year, for a total of $____________ for the three-year term of the franchise.The source of my funds for the initial franchise payment tendered herewith is as follows:

Credit references: (applicant shall list at least two with full names, addresses, telephone number and contact person).Bank reference: (applicant shall list at least one with full name, address, telephone number and contact person).

I do hereby agree to and authorize Mayor and City Council of Ocean City to make inquiry of my personal background, financial, credit worthiness and my credit report; and by my signature hereto, I do hereby authorize and empower those listed as credit references and bank references to release to the Mayor and City Council of Ocean City any information pertaining to my personal background, financial and credit worthiness, and for the Mayor and City Council of Ocean City to obtain a copy of my credit report. I do hereby certify that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other Bidder or with any competitor.

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I do hereby certify that I have no financial interest, direct or indirect, in any other Ocean City beach equipment rental franchise, except as fully disclosed and permitted by this chapter of the Code of Ocean City; and that there are no other persons financially interested, direct or indirect, in this BID, except as fully disclosed and permitted by this chapter of the Code of Ocean City. (All persons must sign (7)) I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the information and statement above made are true and correct to my knowledge and belief.

7." _____ (Name-hand written)

_____ (signature)"

Each sealed bid shall be accompanied by a cashier's or certified check payable to the Mayor and City Council of Ocean City in the sum of 20 percent of the annual bid price rounded up to the next whole dollar. At a public auction, each successful bidder shall tender a cashier's check or certified check payable to the Mayor and City Council in an amount as advertised prior to the auction for each parcel. Within three business days from the date of the auction, the successful bidders shall tender a cashier's or certified check payable to the Mayor and City Council of Ocean City for the difference between the amount tendered at the auction and 20 percent of the successful bid amount. The Mayor and City Council of Ocean City may reject any and all bids for any reason it deems appropriate, and may rebid upon such terms, conditions and manner it deems appropriate. The successful bidder's 20 percent shall be retained, as the annual franchise fees shall be payable for the first year as follows: 20 percent at the time of bidding, an additional 40 percent of the annual fee on July 15, and the remaining 40 percent of the annual fee on August 15. For years subsequent to the year of bid, but included in the bid, the first payment of 20 percent of the annual franchise fees for any respective year shall be paid on or before January 1 of said year. Such advertisement shall indicate the term of years for which a franchise is to be granted for any respective parcel.Provided the operator is not in default or otherwise in violation of any terms of this article, the operator shall have an option to renew any franchise(s) for one additional three-year term upon the same terms and conditions of the franchise except that the annual franchise fee shall be ten percent greater than the annual franchise fee for the initial term. If the operator elects to exercise this renewal option, it must be done, in writing to the City Clerk before the end of the second year of said initial term.

Franchise areas and terms. The franchise areas shall be designated as three sections: North Section, Mid Section and South Section.

The North Section shall include all franchise areas from the Delaware-Maryland line to 84th Street as follows:

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Beginning at the midpoint of the block at 84th Street on the south, extending north to include 85th Street, 86th Street and the midpoint of 87th Street. Beginning at the midpoint of the block at 87th Street on the south, extending north to include 88th, 89th, 90th Streets and to the north side of 91st Street. Beginning at the south side of 92nd Street, extending north to include 93rd and to the north property boundary of the 9400 Condominium. Beginning at the south property boundary of the Flying Cloud Condominium, extending north to include the Pyramid and to the north property boundary of the Plaza Condominium. Beginning at the south property boundary of the Century I Condominium, extending north to include the English Tower and to the north property boundary of the Marigot Beach Condominium. Beginning at the south property boundary of the Atlantis Condominium, extending north to include the Quay and to the north property boundary of the Golden Sands Condominium. Beginning at the south property boundary of the Capri Condominium, extending north to include the Irene and to the north property boundary of the Rainbow Condominium. Beginning at the south property of the High Point South Condominium, extending north to include the High Point North and to the north property boundary of the Seawatch Condominium. Beginning at the south property boundary of the Fountainhead Condominium, extending north to include the Carousel Hotel Condominium and to the midpoint of 118th Street. Beginning at the midpoint of 118th Street, extending north to include 119th Street, 120th Street and to the midpoint of 121st Street. Beginning at the midpoint of 121st Street, extending north to include 122nd Street, 123rd Street and to the midpoint of 124th Street. Beginning at the midpoint of 124th Street, extending north to include 125th Street, 126th Street and to the midpoint of 127th Street. Beginning at the midpoint of 127th Street, extending north to include 128th Street, 129th Street and to the midpoint of 130th Street. Beginning at the midpoint of 130th Street, extending north to include 131st Street, 132nd Street and to the midpoint of 133rd Street. Beginning at the midpoint of 133rd Street, extending north to include 134th Street, 135th Street and to the midpoint of 136th Street. Beginning at the midpoint of 136th Street, extending north to include 137th Street, 138th Street and to the midpoint of 139th Street. Beginning at the midpoint of 139th Street, extending north to include 140th Street, 141st Street and to the midpoint of 142nd Street. Beginning at the midpoint of 142nd Street, extending north to include 143rd Street, 144th Street, 145th Street and to the Maryland/Delaware line at 146th Street.

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The Mid Section shall include all franchise areas consisting of one block each from the south side of 84th Street to and including all parcels either boundary of which is north of 27th Street. The South Section shall include all franchise areas consisting of one block, except for the southernmost franchise area which shall be two blocks, from the south side of 27th Street to and including all parcels either boundary of which is north of the Ocean City, Maryland, inlet.

Regulation of operators. All operators shall be regulated by the terms and provisions of this division and by any regulations adopted by the Mediation Board with the approval of the Mayor and City Council. Stands and containers. Each operator shall be allowed to construct containers and a beach stand. All stands shall be as uniform as possible. The design of the stands and containers shall be subject to the approval of the Mayor and City Council. All stands and containers shall be located as follows: one location at the street end of the parcel or at the midpoint of the parcel, if there is no street end; except for the southernmost and northernmost parcels which shall have two locations, one at each street end; subject, however, to the provisions of section 39-29. Each operator shall be limited to one stand and four containers at each parcel. At the request of the operator and after receiving the recommendations of the Beach Mediation Board, the Mayor and City Council may grant permission for additional stands and containers at parcels. The location of the additional stands and containers on each parcel shall be subject to the approval of the Mayor and City Council. Rentals limited to operators. There shall be no license issued nor any beach equipment rentals allowed within the corporate limits of Ocean City except by operators of franchises, except as specified in section 39-29

(Code 1972, § 26-3; Ord. No. 1997-2, 3-17-1997; Ord. No. 1998-2, 3-16-1998; Ord. No. 1999-6, 3-15-1999; Ord. No. 2001-1, 2-5-2001; Ord. No. 2001-3, 3-5-2001; Ord. No. 2002-2, 3-12-2002; Ord. No. 2003-7, 3-17-2003; Ord. No. 2006-21, 8-21-2006)

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P:\Franchise - Beach Equipment\Forms\1st Term CONTRACT TEMPLATE.DOC Page 1 of 5

FIRST TERM «Parcel»

«Annual»

BEACH EQUIPMENT FRANCHISE AGREEMENT

THIS FRANCHISE AGREEMENT made this day, _________________, 2012 by and between the Mayor and City Council of Ocean City, Maryland, a Maryland municipal corporation, hereinafter called and referred to as the "City" and «First_Name» «Last_Name», hereinafter called and referred to as "Operator."

WITNESSED:

That for and in consideration of the premises, and of the rights herein this agreement granted, and of the sums of money herein this agreement stated, the "City" and the "Operator" do hereby covenant and agree as follows:

THAT the "City" agrees:

1. That the operator shall have the right to rent to the PUBLIC, subject to the terms and conditions hereinafter stated, beach equipment on the Public Beach areas of «Parcel» for a term commencing with the date hereof and terminating on the 29th day of October, 2014.

2. That as long as the "Operator" performs as herein stated and pays the sums hereinafter in this agreement specified when said sums are due and conducts his business in accordance with the terms of this Franchise Agreement and in accordance with the provisions of Chapter 39 of the Code of the Town of Ocean City (said Chapter 39 hereby being incorporated by reference), and in accordance with the lawfully adopted regulations of the MEDIATION BOARD, the "City" will not grant the right to rent beach equipment to the public on said Parcel to any other person or operator.

3. That provided the "Operator" is not in default or otherwise in violation of any terms of the franchise,

said "Operator" shall have an option to renew any franchise(s) for one additional three-year term upon the same terms and conditions of the franchise except that the annual franchise fee shall be 10 percent greater than the annual franchise fee for the initial term. If said "Operator" elects to exercise this renewal option, it must be done in writing to the City Clerk before the end of the second year of said initial term.

4. That the "City" acknowledges receipt of from the "Operator" which said sum represents 20% of the

first annual Franchise fee.

THAT the "Operator" agrees:

1. To pay the annual bid price as follows: 20% of the first annual fee being heretofore paid; an additional 40% of said first annual fee payable on or before July 15, , and the remaining 40% to be paid on or before August 15, . Thereafter, for the remaining years of the term of the annual fee will be paid by paying to the "City" 20% of said annual fee by January 1st of the year prior to the summer season, and 40% on or before July 15th and the remaining 40% on or before August 15th.

2. The "Operator" further covenants and agrees to pay to the "City" the total Franchise fee which is the

sum of the annual Franchise fee multiplied by the number of years in the term. The operator agrees to


pay the annual franchise fee of at the times aforesaid and to pay the total sum, in installments as aforesaid, of $ for the remainder of the 3-Year term of this agreement. No request for any extension of time for any payment shall be considered unless made in writing and delivered to the City Manager's office prior to the due date.

3. To comply with all the provisions and conditions of Chapter 39 of the Code of the Town of Ocean City

(as from time to time amended by Ordinance) and the regulations heretofore adopted by the MEDIATION BOARD or which may be hereafter lawfully adopted by the MEDIATION BOARD. (A copy of said regulations is attached hereto and is made a part hereof by reference.)

4. The "Operator" by entering into this agreement hereby acknowledges that he has knowledge of the

aforesaid Chapter 39 and regulations and hereby expressly waives any and all rights or defenses he might now have or hereafter acquire by reason of the "Operator" not having read or understood the aforesaid Chapter 39 or Regulations.

5. To protect and hold harmless the "City" indemnifying and holding it harmless from any liability from

claims arising from the operator's activities at the parcel including attorney fees and related costs of defense.

6. That the "Operator" shall conduct the business of renting beach equipment and shall conduct no other

business under the rights granted by this franchise agreement. 7. That any representative of the "City" shall have access to the Parcel at any and all times. 8. That he, the "Operator," shall not conduct or attempt to conduct any beach equipment rental business on

any parcel other than the one hereinbefore described. 9. That no alcoholic beverages will be consumed or kept, by itself or its agents or employees, within the

Parcel hereinbefore described. 10. To post prices as required by the City Code. 11. To operate the business of Beach Equipment rentals at no other location than those specified in Chapter

39 and by the Regulations of the MEDIATION BOARD and to be open for business during the time and times specified in the aforesaid Ordinance.

12. To comply with all Town, County, State, or Federal laws and regulations. 13. That the "City" has not designated the limits of Private Beach property and that the "Operator" hereby

assumes the responsibility for trespass, if any, on private property. "No operator shall place any of his rental or other equipment on private property after having been directed not to do so by the private property owner or his agent."

14. That the "Operator" has familiarized himself or herself with the provisions of easements, if any, granted

in reference to this parcel and agrees to be bound by any limitations or conditions, if any, of any such easements, including but not limited to provisions restricting or limiting the operation of "Operator's" business.


15. That the "Operator" shall be solely responsible for any losses incurred as a result of any Acts of God. That the "City" shall not abate any payments due under this agreement because of any Acts of God. Acts of God shall include but not be limited to: beach erosion; wind, rain, or other adverse weather; fire; earthquake; oil spills or oil on the beaches, etc.

16. That the "Operator" acknowledges any default of a franchise fee for this parcel will result in the

revocation of all other beach equipment rental franchise agreements held in Operator's name. 17. That the terms and provisions of any other franchise agreement and negotiations on the price or

payments or negotiations in reference to the default of provisions of any other agreement shall have no effect on this Franchise Agreement.

AS WITNESS the hand and seal of the "Operator" and witness the hands of the Mayor and President of the City Council, with the corporate seal of the municipality affixed hereto as of the day and year first above written.

ATTEST: "CITY"

Mayor and Council of the Town of Ocean City, Maryland _________________________________ __________________________________ ________ Kelly L. Allmond, City Clerk Richard W. Meehan, Mayor & Interim City Manager Date ___________________________________ _________ James S. Hall, Council President Date WITNESS: "OPERATOR" __________________________ ____________________________________ ________ «First_Name» «Last_Name» Date


REGULATIONS OF THE MEDIATION BOARD

The following regulations are adopted pursuant to the provisions of Chapter 39, Article II of the Code of the Town of Ocean City, Maryland.

REGULATION NO. 1 - QUORUM Three members of the Mediation Board shall constitute a quorum. REGULATION NO. 2 - INVESTIGATION The Board shall have the power to conduct investigations and inspections and may designate the Board=s Administrative Assistant. REGULATION NO. 3 - ADMINISTRATIVE ASSISTANT The City Clerk of the Town of Ocean City is hereby designated as the Board=s Administrative Assistant. REGULATION NO. 4 - ATTORNEY The Board may at any time request the presence of an attorney from the office of the City Solicitor at their meetings and may utilize said office for legal services and advice. REGULATION NO. 5 - SOLICITATIONS No operator shall solicit on the Boardwalk, in any other operator=s parcel, or beyond fifteen feet from stand locations. REGULATION NO. 6 - STORAGE AND STANDS Each operator shall be allowed to construct containers and a beach stand. All stands shall be as uniform as possible. The design of said stands and containers shall be subject to the approval of the Mayor and City Council. The container boxes will be no larger than four feet wide, eight feet long, and four feet deep. The A frame rack (stand) shall be no wider at the base that six feet, no longer than eight feet and no higher than six feet. They shall be soundly constructed of wood, painted Ocean City Blue and in good repair. They shall not be located on the Boardwalk. Each operator shall be limited to one (1) stand and four (4) containers at each parcel. All stands and containers shall be located at the street end of each parcel or at the mid-point of the parcel, if there is no street end. Equipment may be stored in said containers and racks at operator=s risk. REGULATION NO. 7 - SIGNS AND ADVERTISEMENTS Each stand or container is required to have two (2) signs designating the franchisee=s name, address and phone number and the rental price list of all items rented at the respective stand identifying the amount per item and the duration of rental. Optional information may include operator=s trade name. The design and content of each sign shall be subject to the approval of the Board, but in no event shall a sign exceed dimensions of twenty-four by twenty-four (24 x 24) inches. The required information must be a minimum of one inch (1") block lettering, color black on a white sign surface. The required sign is to be displayed on both the north and south sides of the stand or container. An optional sign of identical designations is also permitted on the east or west side of the stand or container.

REGULATION NO. 8 - COMPLAINTS AND PENALTIES Complaints must be in writing, in respect to operators from any interested party requesting a hearing in reference to said complaint. Upon receipt of said request, the Board shall refer the alleged violation the City Clerk who shall cause an investigation for verification of the alleged violation. Upon investigation and upon reasonable belief that the violation exists or did occur, written notification of said violation shall be hand-delivered to the operator or attendant and sent via regular mail to the beach parcel operator. The


operator or attendant must sign a copy of the hand-delivered notice to acknowledge receipt. The notice shall advise the operator he has forty-eight (48) hours to correct the violation. If the violation continues, a hearing shall be scheduled within five (5) days. The beach parcel operator shall be notified of such hearing, in writing, both hand-delivered to him or the attendant and sent via regular mail. The hearing conducted by the Board shall be taped or otherwise recorded. Upon such hearing, if the Board concludes that such violation has occurred or is occurring, the Board may impose a fine of not less that $25.00 nor more than $100.00 for each violation or suspend the franchise for up to seven (7) days. Any party aggrieved by the decision of the Board may appeal the same to the Mayor and City Council. The appeal shall be on the record, and the decision of the Board may be affirmed, reversed or modified. If the beach parcel operator defies the action of the Board (or Mayor and Council, after appeal) or continues the violation, then, in that event, upon verification, the Board shall refer the same to the Mayor and City Council for possible revocation. The Mayor and City Council shall schedule a hearing at a regularly scheduled Council meeting. The beach parcel operator shall be notified, in writing, both hand-delivered to him or the attendant and via regular mail, of the hearing date and the alleged violation(s). Upon such hearing, the Mayor and City Council may further fine, suspend, or revoke the franchise if it determines that the violation(s) or is (are) occurring.

REGULATION NO. 9 - CONDUCT OF HEARINGS The conduct and procedure of hearings before the Board shall be as follows:

A. The meeting shall be opened by the Chairman who shall then give a short statement outlining the nature of the complaint being heard and identifying the parties. All parties being heard shall be sworn.

B. The complaining party shall then be allowed no more than fifteen minutes to address the Board in

reference to his complaint.

C. The operator shall then be allowed no more than fifteen minutes to address the Board in rebuttal.

D. All points of contention and all questions by either party shall be addressed to the Board. The Board may, if necessary, then request answers from the appropriate party.

E. Closing statements, if necessary, shall be limited to five minutes each, with the complaining party

closing first.

F. The chairman shall then call the meeting to a close and the Board shall retire, if necessary, and make a finding or defer finding. The parties shall be promptly notified of the actions of the Board.

REGULATION NO. 10 - HARDSHIP In case of hardship, variations from the exact terms of these regulations may be requested from the Board.


14 – COMMENTS FROM CITIZENS - 5 MINUTE TIME LIMIT


15 – COMMENTS FROM THE MAYOR AND CITY COUNCIL

October 15 2012 Complete Agenda

Documents

Transcript of October 15 2012 Complete Agenda